Datasets:

MTSUFall2024SoftwareEngineering

/

UnitedStatesSenateBillsAndSummaries

like 1

Follow

MTSU Fall 2024 Software Engineering 14

Preventing Conflicts of Interest with Contractors Act - Provides that a contract may not be entered into, and an extension of or option on a contract may not be exercised, with a contractor to conduct a quality review process relating to background investigation fieldwork services or background investigation support services if the contractor is performing the services to be reviewed. Defines, for purposes of this Act: "agency" as an executive agency, a military department, an element of the intelligence community, the U.S. Postal Service (USPS), or the Postal Regulatory Commission; "background investigation fieldwork services" as the investigatory fieldwork conducted to determine the eligibility of an individual for logical and physical access to federally-controlled facilities or information systems, suitability or fitness for federal employment, eligibility for access to classified information or to hold a national security sensitive position, or fitness to perform work for or on behalf of the federal government as a contractor or employee, including interviews with individuals who might have relevant knowledge of the individual and reviews of educational and employment records, criminal and other legal records, and credit history; and "quality review process" as performing the final quality review of a background investigation to ensure that investigative, administrative, and other required standards have been met before the completed background investigation is delivered to the adjudicating agency (i.e., the agency that requested the background check and that has final decision-making authority).

113 S2061 ES: Preventing Conflicts of Interest with Contractors Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 2061 IN THE SENATE OF THE UNITED STATES AN ACT To prevent conflicts of interest relating to contractors providing background investigation fieldwork services and investigative support services. 1. Short title This Act may be cited as the Preventing Conflicts of Interest with Contractors Act 2. Definitions In this Act— (1) the term agency (A) an Executive agency (as defined in section 105 (B) a military department (as defined in section 102 (C) an element of the intelligence community (as that term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 (D) the United States Postal Service; and (E) the Postal Regulatory Commission; (2) the term background investigation fieldwork services (A) interviews of the individual, the employer of the individual, former employers of the individual, and friends, family, and other sources who might have relevant knowledge of the individual; and (B) reviews of— (i) educational and employment records; (ii) criminal and other legal records; and (iii) credit history; (3) the term background investigation support services (A) initial processing and scheduling of investigative requests; (B) information technology and information technology support; (C) file maintenance; (D) imaging or copying of investigation documents; and (E) mail processing; and (4) the term quality review process 3. Limitation on contracting to prevent organizational conflicts of interest Notwithstanding any other provision of law, after the date of enactment of this Act, a contract may not be entered into, and an extension of or option on a contract may not be exercised, with a contractor to conduct a quality review process relating to background investigation fieldwork services or background investigation support services if the contractor is performing the services to be reviewed. Passed the Senate September 18, 2014. Secretary

Preventing Conflicts of Interest with Contractors Act

Constitutional Check and Balance Act - Authorizes any Member of Congress who casts a recorded vote on final passage of a version of a bill or joint resolution enacting a provision into law to bring an action for declaratory or injunctive relief in an appropriate U.S. district court to compel an executive branch official to enforce the provision, if the President or any other executive branch official issues a memorandum or other written statement directing the official to not enforce it.

113 S2062 PCS: Constitutional Check and Balance Act U.S. Senate 2014-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 310 113th CONGRESS 2d Session S. 2062 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Paul March 3, 2014 Read the second time and placed on the calendar A BILL To authorize Members of Congress to bring an action for declaratory and injunctive relief in response to a written statement by the President or any other official in the executive branch directing officials of the executive branch to not enforce a provision of law. 1. Short title This Act may be cited as the Constitutional Check and Balance Act 2. Authorizing cause of action by Members of Congress in response to written statement by the President or other executive branch official directing executive branch officials to not enforce a law (a) Cause of Action Authorized If the President or any other official in the executive branch of the Federal Government issues a memorandum or other written statement directing any official in the executive branch to not enforce a provision of law, a Member of Congress who meets the requirement described in subsection (b) may bring an action for declaratory or injunctive relief in an appropriate United States district court to compel such official to enforce the provision of law. (b) Requirement for Eligibility The requirement described in this subsection with respect to a provision of law is that the Member of Congress cast a recorded vote on final passage of the version of the bill or joint resolution that enacted the provision into law. March 3, 2014 Read the second time and placed on the calendar

Constitutional Check and Balance Act

Four Rationers Repeal Act of 2014 - Repeals sections of the Patient Protection and Affordable Care (PPACA) (and restores provisions of law amended by such sections) related to the establishment of an Independent Payment Advisory Board to develop and submit detailed proposals to reduce the per capita rate of growth in Medicare spending to the President for Congress to consider. Amends title XI of the Social Security Act to repeal provisions establishing the Center for Medicare and Medicaid Innovation. Amends the Public Health Service Act, with respect to coverage of preventive health services by a group health plan or health insurance issuer, to repeal provisions that prohibit cost sharing requirements for evidence-based items or services that have in effect a rating of "A" or "B" in the current recommendations of the United States Preventive Services Task Force. (Such ratings are based upon determinations of net benefit by the Task Force.) Repeals PPACA requirements that: (1) the Director of the Agency for Healthcare Research and Quality convene an independent Preventive Services Task Force, and (2) the Director of the Centers for Disease Control and Prevention (CDC) convene an independent Community Preventive Services Task Force. Restores provisions of law amended by such provisions. Prohibits the Secretary of Health and Human Services (HHS) from using data obtained from comparative effectiveness research, including any conducted or supported using funds appropriated under the American Recovery and Reinvestment Act of 2009 (ARRA) or authorized or appropriated under the Patient Protection and Affordable Care Act, to deny or delay coverage of an item or service under a federal health care program. Requires the Secretary to ensure that comparative effectiveness research conducted or supported by the federal government accounts for factors contributing to differences in the treatment response and preferences of patients, including patient-reported outcomes, genomics and personalized medicine, the unique needs of health disparity populations, and indirect patient benefits.

113 S2064 IS: Four Rationers Repeal Act of 2014 U.S. Senate 2014-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2064 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Roberts Committee on Finance A BILL To provide for the repeal of certain provisions of the Patient Protection and Affordable Care Act that have the effect of rationing health care. 1. Short title This Act may be cited as the Four Rationers Repeal Act of 2014 2. Repeal of the Independent Payment Advisory Board Effective as of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 3. Repeal of the Center for Medicare and Medicaid Innovation (a) In general Section 1115A of the Social Security Act (42 U.S.C. 1315a) is repealed. (b) Conforming amendments (1) Title XVIII of SSA Section 1899(b)(4) of the Social Security Act (42 U.S.C. 1395jjj(b)(4)) is amended by striking any of the following the independence at home medical practice pilot program under section 1866E. (2) Title XIX of SSA Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended— (A) in paragraph (79), by adding and (B) in paragraph (80), by striking ; and (C) by striking paragraph (81). (3) PHSA Section 933 of the Public Health Service Act ( 42 U.S.C. 299b–33 (A) by striking subsection (f); and (B) by redesignating subsection (g) as subsection (f). (4) PPACA The Patient Protection and Affordable Care Act ( Public Law 111–148 (A) in section 2705 ( 42 U.S.C. 1315a (i) in subsection (a), by striking shall, in coordination establish shall establish (ii) in subsection (d)(2), by striking section 1115A(b)(3) of the Social Security Act (as so added) the Social Security Act (B) in section 10328(b) ( 42 U.S.C. 1395w–104 or to study 3021 (c) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 4. Repeal of certain United States Preventive Services Task Force authority (a) Authority To determine benefits Section 2713(a) of the Public Health Service Act ( 42 U.S.C. 300gg–13(a) (1) by striking paragraph (1); (2) in paragraph (3), by striking not described in paragraph (1) (3) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (b) Repeal of Community Preventive Services Task Force Section 4003 of the Patient Protection and Affordable Care Act ( Public Law 111–148 5. Prohibition on Certain Uses of Data Obtained from Comparative Effectiveness Research; Accounting for Personalized Medicine and Differences in Patient Treatment Response (a) In general Notwithstanding any other provision of law, the Secretary of Health and Human Services— (1) shall not use data obtained from the conduct of comparative effectiveness research, including such research that is conducted or supported using funds appropriated under the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 Public Law 111–148 (2) shall ensure that comparative effectiveness research conducted or supported by the Federal Government accounts for factors contributing to differences in the treatment response and treatment preferences of patients, including patient-reported outcomes, genomics and personalized medicine, the unique needs of health disparity populations, and indirect patient benefits. (b) Rule of construction Nothing in this section shall be construed as affecting the authority of the Commissioner of Food and Drugs under the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act.

Four Rationers Repeal Act of 2014

Alternative Fuel Vehicle Development Act - Creates incentives for the manufacture of dual-fueled automobiles that use alternative fuels other than methanol, denatured ethanol, and other alcohols (non-alcohol, dual-fueled automobiles). Removes the cap on credits under the Corporate Average Fuel Economy (CAFE) program for non-alcohol, dual-fueled automobiles. (The cap on CAFE credits limits the total increase of a manufacturer's average fuel economy attributable to dual-fueled automobiles.) Reduces the minimum driving range for non-alcohol, dual-fueled automobiles. Disallows any petition to lower the driving range below 150 miles for those automobiles. Revises the formula the Administrator of the Environmental Protection Agency (EPA) uses to calculate fuel economy for dual-fueled automobiles operating with gaseous fuel, such as natural gas or hydrogen. Requires the EPA to apply utility factors based on the driving range for such automobiles. Allows the EPA to use a different methodology to calculate the fuel economy for dual-fueled, electric automobiles. Makes permanent the state's authority to exempt alternative fuel vehicles from high occupancy vehicle (HOV) lane restrictions. Makes eligible only those alternative fuel vehicles operating solely on alternative fuel, including electric vehicles. Requires the Secretary of Energy (DOE) to report on incentives and financing tools to develop public compressed natural gas fueling stations.

113 S2065 IS: Alternative Fuel Vehicle Development Act U.S. Senate 2014-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2065 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Inhofe Mr. Levin Committee on Commerce, Science, and Transportation A BILL To create incentives for the development of alternative fuel vehicles. 1. Short title This Act may be cited as the Alternative Fuel Vehicle Development Act 2. Alternative fuel vehicles (a) Maximum fuel economy increase for alternative fuel automobiles Section 32906(a) of title 49, United States Code, is amended by striking (except an electric automobile) (except an electric automobile or, beginning with model year 2016, an alternative fueled automobile that does not use a fuel described in subparagraph (A), (B), (C), or (D) of section 32901(a)(1)) (b) Minimum driving ranges for dual fueled passenger automobiles Section 32901(c)(2) of title 49, United States Code, is amended— (1) in subparagraph (B), by inserting , except that beginning with model year 2016, alternative fueled automobiles that do not use a fuel described in subparagraph (A), (B), (C), or (D) of subsection (a)(1) shall have a minimum driving range of 150 miles at least 200 miles (2) in subparagraph (C), by adding at the end the following: Beginning with model year 2016, if the Secretary prescribes a minimum driving range of 150 miles for alternative fueled automobiles that do not use a fuel described in subparagraph (A), (B), (C), or (D) of subsection (a)(1), subparagraph (A) shall not apply to dual fueled automobiles (except electric automobiles). (c) Manufacturing provision for alternative fuel automobiles Section 32905(d) (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking For any model (1) Model years 1993 through 2015 For any model ; (3) in paragraph (1), as redesignated, by striking 2019 2015 (4) by adding at the end the following: (2) Model years after 2015 For any model of gaseous fuel dual fueled automobile manufactured by a manufacturer after model year 2015, the Administrator shall calculate fuel economy as a weighted harmonic average of the fuel economy on gaseous fuel as measured under subsection (c) and the fuel economy on gasoline or diesel fuel as measured under section 32904(c). The Administrator shall apply the utility factors set forth in the table under section 600.510–12(c)(2)(vii)(A) (3) Model years after 2016 Beginning with model year 2017, the manufacturer may elect to utilize the utility factors set forth under subsection (e)(1) for the purposes of calculating fuel economy under paragraph (2). . (d) Electric dual fueled automobiles Section 32905 (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following: (e) Electric dual fueled automobiles (1) In general At the request of the manufacturer, the Administrator may measure the fuel economy for any model of dual fueled automobile manufactured after model year 2015 that is capable of operating on electricity in addition to gasoline or diesel fuel, obtains its electricity from a source external to the vehicle, and meets the minimum driving range requirements established by the Secretary for dual fueled electric automobiles, by dividing 1.0 by the sum of— (A) the percentage utilization of the model on gasoline or diesel fuel, as determined by a formula based on the model’s alternative fuel range, divided by the fuel economy measured under section 32904(c); and (B) the percentage utilization of the model on electricity, as determined by a formula based on the model’s alternative fuel range, divided by the fuel economy measured under section 32904(a)(2). (2) Alternative utilization The Administrator may adapt the utility factor established under paragraph (1) for alternative fueled automobiles that do not use a fuel described in subparagraph (A), (B), (C), or (D) of section 32901(a)(1). (3) Alternative calculation If the manufacturer does not request that the Administrator calculate the manufacturing incentive for its electric dual fueled automobiles in accordance with paragraph (1), the Administrator shall calculate such incentive for such automobiles manufactured by such manufacturer after model year 2015 in accordance with subsection (b). . (e) Conforming amendment Section 32906(b) section 32905(e) section 32905(f) 3. High occupancy vehicle facilities Section 166 (1) in subparagraph (b)(5), by striking subparagraph (A) and inserting the following: (A) Inherently low-emission vehicles If a State agency establishes procedures for enforcing the restrictions on the use of a HOV facility by vehicles listed in clauses (i) and (ii), the State agency may allow the use of the HOV facility by— (i) alternative fuel vehicles; and (ii) new qualified plug-in electric drive motor vehicles (as defined in section 30D(d)(1) of the Internal Revenue Code of 1986). ; and (2) in subparagraph (f)(1), by inserting solely operating 4. Study Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy, after consultation with the Secretary of Transportation, shall submit a report to Congress that— (1) describes options to incentivize the development of public compressed natural gas fueling stations; and (2) analyzes a variety of possible financing tools, which could include— (A) Federal grants and credit assistance; (B) public-private partnerships; and (C) membership-based cooperatives.

Alternative Fuel Vehicle Development Act

Handgun Trigger Safety Act of 2014 - Requires the Director of the National Institute of Justice to make one-year grants to qualified entities (states or local governments, organizations, or institutions of higher education) to develop technology for personalized handguns (a handgun that is manufactured to enable only the authorized user to fire it). Provides that a recipient shall use at least 70% of the grant amount to develop technology for personalized handguns and may use not more than 20% to develop technology for retrofitted personalized handguns and not more than 10% for administrative costs. Prohibits any person: (1) beginning two years after enactment of this Act, from manufacturing in the United States a handgun that is not a personalized handgun; or (2) beginning three years after enactment of this Act, from distributing in commerce any handgun that is not a personalized handgun or a retrofitted personalized handgun. Exempts antique firearms and firearms distributed or sold to the Department of Defense (DOD). Provides for the enforcement of such prohibitions by the Consumer Product Safety Commission (CPSC) and by the states. Requires a handgun manufacturer, upon request of the owner of a handgun manufactured in the United States that is not a personalized handgun or a retrofitted personalized handgun, to retrofit the handgun and return it to the owner within a reasonable period of time as established by the CPSC. Makes the Department of Justice Assets Forfeiture Fund available to the Attorney General for payments to reimburse handgun manufacturers for the costs of retrofitting handguns. Amends the Protection of Lawful Commerce in Arms Act to exclude from the definition of "qualified product" any handgun manufactured after two years after enactment of this Act that is not a personalized handgun or retrofitted personalized handgun.

113 S2068 IS: Handgun Trigger Safety Act of 2014 U.S. Senate 2014-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2068 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Markey Ms. Warren Committee on Commerce, Science, and Transportation A BILL To provide for the development and use of technology for personalized handguns, to require that, within 3 years, all handguns manufactured or sold in, or imported into, the United States incorporate such technology, and for other purposes. 1. Short title This Act may be cited as the Handgun Trigger Safety Act of 2014 2. Findings Congress finds as follows: (1) It is in the interest of the United States to protect its citizens from handgun violence and accidental firearm deaths. (2) Personalizing handguns would prevent unauthorized users, whether children, criminals, or others, from misusing the weapons. (3) Personalizing handguns would allow authorized users to continue to lawfully own and use their handguns more safely. (4) In 2011, according to the Centers for Disease Control, there were 851 accidental firearm deaths. (5) In 2010, according to the Centers for Disease Control, 62 people under the age of 15 were killed accidentally with firearms. (6) According to the National Crime Victimization Survey, almost 350,000 incidents of firearm theft from private citizens occur each year. (7) According to the Federal Bureau of Investigation, 45 law enforcement officers were killed with their own firearm between 2002 and 2011. (8) According to the Federal Bureau of Investigation, almost half of all murders in the United States in 2011 were committed with handguns. I Technology for Personalized Handguns Grants 101. Definitions In this title: (1) Handgun The term handgun (2) Personalized handgun The term personalized handgun (A) enables only an authorized user of the handgun to fire the handgun; and (B) was manufactured in such a manner that the firing restriction described in subparagraph (A)— (i) is incorporated into the design of the handgun; (ii) is not sold as an accessory; and (iii) cannot be readily removed or deactivated. (3) Qualified entity The term qualified entity (A) a State or unit of local government; (B) a nonprofit or for-profit organization; or (C) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (4) Retrofitted personalized handgun The term retrofitted personalized handgun (A) enables only an authorized user of the handgun to fire the handgun; and (B) cannot be readily removed or deactivated. 102. Authorization The Attorney General, acting through the Director of the National Institute of Justice (referred to in this title as the Director 103. Applications A qualified entity seeking a grant under this title shall submit to the Director an application at such time, in such manner, and containing such information as the Director may reasonably require. 104. Uses of funds A qualified entity that receives a grant under this title— (1) shall use not less than 70 percent of the amount of the grant to develop technology for personalized handguns; (2) may use not more than 20 percent of the amount of the grant to develop technology for retrofitted personalized handguns; and (3) may use not more than 10 percent of the amount of the grant for administrative costs associated with the development of technology funded under this title. 105. Term; renewal (a) Term A grant awarded under this title shall be for a term of 1 year. (b) Renewal A qualified entity receiving a grant under this title may renew the grant by submitting to the Director an application for renewal at such time, in such manner, and containing such information as the Director may reasonably require. 106. Reports (a) Reports to Director A qualified entity receiving a grant under this title shall submit to the Director such reports, at such time, in such manner, and containing such information as the Director may reasonably require. (b) Reports to Congress Each year, the Director shall submit to Congress a report that contains a summary of the information submitted to the Director under subsection (a) during the previous year. 107. Regulations The Director may promulgate such guidelines, rules, regulations, and procedures as may be necessary to carry out this title. 108. Authorization of appropriations There is authorized to be appropriated to carry out this title $2,000,000 for each of fiscal years 2015 and 2016. II Consumer Product Safety Commission safety standard 201. Definitions In this title: (1) Antique firearm; firearm; handgun The terms antique firearm firearm handgun section 921 (2) Authorized user The term authorized user (A) the lawful owner of the firearm; and (B) any individual who is— (i) authorized by the lawful owner of the firearm to use the firearm; and (ii) authorized, under the law of the State where the firearm is being used, to own, carry, or use a firearm in the State. (3) Commission The term Commission (4) Consumer product safety rule The term consumer product safety rule (5) Manufactured and manufacturer The terms manufactured manufacturer (6) Personalized handgun The term personalized handgun (A) enables only an authorized user of a handgun to fire the handgun; and (B) is manufactured in such a manner that the firing restriction described in subparagraph (A)— (i) is incorporated into the design of the handgun; and (ii) cannot be readily removed or deactivated. (7) Retrofitted personalized handgun The term retrofitted personalized handgun (A) enables only an authorized user of a handgun to fire the handgun; and (B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. (8) State and United States The terms State United States (9) To distribute in commerce and distribution in commerce The terms to distribute in commerce distribution in commerce 202. Prohibition on manufacturing and distribution of handguns that are not personalized handguns (a) Prohibition (1) Manufacturing Beginning on the date that is 2 years after the date of enactment of this Act, no person may manufacture in the United States a handgun that is not a personalized handgun. (2) Distribution in commerce Beginning on the date that is 3 years after the date of enactment of this Act, no person may distribute in commerce any handgun that is not a personalized handgun or a retrofitted personalized handgun. (3) Exemptions for antique firearms and military firearms Paragraphs (1) and (2) shall not apply to— (A) an antique firearm; (B) the manufacture of a firearm that is sold to the Department of Defense; or (C) the sale or distribution of a firearm to the Department of Defense. (b) Enforcement by Consumer Product Safety Commission (1) Treatment of violation Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), a violation of subsection (a) or any rule promulgated by the Commission pursuant to paragraph (4) shall be treated as a violation of section 19(a)(1) of the Consumer Product Safety Act ( 15 U.S.C. 2068(a)(1) (2) Treatment as consumer product safety standards Notwithstanding section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)(E)), subsection (a) and any rule promulgated pursuant to paragraph (4) shall be considered consumer product safety rules. (3) Powers of Commission (A) In general The Commission shall enforce this section 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 Consumer Product Safety Act ( 15 U.S.C. 2051 et seq. (B) Privileges and immunities Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Consumer Product Safety Act ( 15 U.S.C. 2051 et seq. (4) Regulations The Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, may promulgate such rules as the Commission considers appropriate to carry out this section. (c) Enforcement by States If an attorney general, other official, or agency of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by a person who violates subsection (a), the attorney general, official, or agency may bring a civil action on behalf of the residents of the State against the person in an appropriate district court of the United States to enjoin any further such violation and for other relief as may be appropriate. (d) Cost of retrofitting (1) Cost borne by manufacturers Upon the request of the owner of a handgun that was manufactured in the United States and that is not a personalized handgun or retrofitted personalized handgun, the manufacturer of the handgun— (A) shall— (i) retrofit the handgun so that the handgun is a retrofitted personalized handgun; and (ii) return the handgun to the owner within a reasonable period of time; and (B) may not request compensation for the retrofit from the owner. (2) Rulemaking Not later than 1 year after the date of enactment of this Act, the Commission, in consultation with the Attorney General and the Director of the National Institute of Justice, shall by regulation establish the maximum period of time within which a manufacturer that receives a request from the owner of a handgun under paragraph (1) shall retrofit and return the handgun to the owner. (3) Reimbursement from Department of Justice Assets Forfeiture Fund Section 524(c) of title 28, United States Code, is amended— (A) in subparagraph (H), by striking and (B) in subparagraph (I), by striking the period at the end and inserting ; and (C) by inserting after subparagraph (I) the following: (J) payments to reimburse manufacturers of handguns for the costs of retrofitting handguns to comply with the requirement under section 202(d)(1) of the Handgun Trigger Safety Act of 2014 . (e) Relation to State law Nothing in this section or the Consumer Product Safety Act ( 15 U.S.C. 2051 et seq. III Exemption from the Protection of Lawful Commerce in Arms Act 301. Exemptions from the Protection of Lawful Commerce in Arms Act Section 4 of the Protection of Lawful Commerce in Arms Act ( 15 U.S.C. 7903 (1) in paragraph (4)— (A) by striking The term qualified product (i) except as provided in clause (ii), means ; (B) by striking the period at the end and inserting ; and (C) by adding at the end the following: (ii) does not include a handgun that— (I) is manufactured on or after the date that is 2 years after the date of enactment of the Handgun Trigger Safety Act of 2014 (II) is not a— (aa) personalized handgun; or (bb) retrofitted personalized handgun. ; and (2) by adding at the end the following: (10) Authorized user The term authorized user (A) the lawful owner of the firearm; and (B) any individual who is— (i) authorized by the lawful owner of the firearm to use the firearm; and (ii) authorized, under the law of the State where the firearm is being used, to own, carry, or use a firearm in the State. (11) Handgun The term handgun (12) Personalized handgun The term personalized handgun (A) enables only an authorized user of the handgun to fire the handgun; and (B) is manufactured in such a manner that the firing restriction described in subparagraph (A)— (i) is incorporated into the design of the handgun; and (ii) cannot be readily removed or deactivated. (13) Retrofitted personalized handgun The term retrofitted personalized handgun (A) enables only an authorized user of the handgun to fire the handgun; and (B) attaches to the handgun in a manner such that the device cannot be readily removed or deactivated. .

Handgun Trigger Safety Act of 2014

Small Business Tax Credit Accessibility Act - Expresses the sense of the Senate that the Obama Administration should work to make the small employer health care insurance tax credit more accessible for small employers. Amends the Internal Revenue Code, with respect to the small employer health care insurance tax credit, to: (1) revise the definition of "eligible small employer" to mean an employer with not more than 50 (currently, 25) full-time employees; (2) modify the phaseout formula for such credit to base such phaseout on number of employees and average annual wages; (3) allow a 35% credit in 2014 to small employers who purchase health care coverage outside of the Small Business Health Option Program (SHOP exchange); (4) extend from two to three consecutive taxable years the period during which an employer may claim such credit; (5) eliminate the requirement that employers contribute the same percentage of cost of each employee's health insurance and the cap limiting eligible employer contributions to average premiums paid to a state health insurance exchange; and (6) make such credit available to dependents of a small employer.

113 S2069 IS: Small Business Tax Credit Accessibility Act U.S. Senate 2014-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2069 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Begich Mr. Franken Mr. Warner Mrs. Shaheen Mr. Walsh Ms. Hirono Ms. Landrieu Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand and modify the credit for employee health insurance expenses of small employers. 1. Short title This Act may be cited as the Small Business Tax Credit Accessibility Act 2. Sense of the Senate It is the sense of the Senate that the Obama administration should work to make the small business health care tax credit under section 45R of the Internal Revenue Code of 1986 more accessible for small employers. 3. Expansion and modification of credit for employee health insurance expenses of small employers (a) Expansion of definition of eligible small employer Subparagraph (A) of section 45R(d)(1) 25 50 (b) Amendment to phaseout determination Subsection (c) of section 45R (c) Phaseout of credit amount based on number of employees and average wages The amount of the credit determined under subsection (b) (without regard to this subsection) shall be adjusted (but not below zero) by multiplying such amount by the product of— (1) the lesser of— (A) a fraction the numerator of which is the excess (if any) of 50 over the total number of full-time equivalent employees of the employer and the denominator of which is 30, and (B) 1, and (2) the lesser of— (A) a fraction the numerator of which is the excess (if any) of— (i) the dollar amount in effect under subsection (d)(3)(B) for the taxable year, multiplied by 2, over (ii) the average annual wages of the employer for such taxable year, and the denominator of which is the dollar amount so in effect under subsection (d)(3)(B), and (B) 1. . (c) Partially phased out credit allowed for insurance outside an Exchange (1) In general Section 45R (h) Partially phased out credit allowed for insurance outside an Exchange for 2014 (1) In general If an eligible small employer offers to its employees in a manner other than through an Exchange a health plan that meets the requirements of paragraph (2), the following modifications shall apply with respect to a taxable year beginning in 2014: (A) Qualified health plan This section and section 280C(h) shall be applied for such taxable year by treating such plan as a qualified health plan. (B) Reduced credit percentage Subsection (b) shall be applied— (i) by substituting 25 percent 35 percent (ii) by substituting 35 percent 50 percent (iii) without regard to through an Exchange (C) Contribution arrangements Subsection (d)(4) shall be applied without regard to through an exchange (D) Credit period (i) In general The credit under this section shall be determined without regard to whether such taxable year is in a credit period. (ii) Year taken into account as portion of credit period in subsequent years For purposes of applying this section to taxable years beginning after 2014 in which the employer offers a qualified health plan (without regard to subparagraph (A)) to its employees through an Exchange, subsection (e)(2) shall be applied by substituting 2-consecutive-taxable 3-consecutive-taxable (2) Requirements A health plan meets the requirements of this paragraph if such plan— (A) provides the essential health benefits package described in section 1302(a) of the Patient Protection and Affordable Care Act, and (B) is offered by a health insurance issuer that— (i) is licensed and in good standing to offer health insurance coverage in each State in which such issuer offers health insurance coverage, and (ii) if such issuer offers health plans through an Exchange, agrees to charge the same premium rate for each qualified health plan of the issuer without regard to whether the plan is offered through an Exchange or whether the plan is offered directly from the issuer or through an agent. . (2) Conforming amendment Section 6055(b)(2)(C) of such Code is amended by striking Exchange Exchange (or a plan with respect to which a credit is allowed under section 45R by reason of subsection (h) thereof) (d) Extension of credit period Paragraph (2) of section 45R(e) 2-consecutive-taxable 3-consecutive-taxable (e) Average annual wage limitation Subparagraph (B) of section 45R(d)(3) (B) Dollar amount For purposes of paragraph (1)(B) and subsection (c)(2), the dollar amount in effect under this paragraph is the amount equal to 110 percent of the poverty line (within the meaning of section 36B(d)(3)) for a family of 4. . (f) Elimination of uniform percentage contribution requirement Paragraph (4) of section 45R(d) of the Internal Revenue Code of 1986 is amended by striking a uniform percentage (not less than 50 percent) at least 50 percent (g) Elimination of cap relating to average local premiums Subsection (b) of section 45R of the Internal Revenue Code of 1986 is amended by striking the lesser of the aggregate amount of nonelective contributions the employer made on behalf of its employees during the taxable year under the arrangement described in subsection (d)(4) for premiums for qualified health plans offered by the employer to its employees through an Exchange. (h) Credit availability for family members in certain cases Clause (iv) of section 45R(e)(1)(A) of the Internal Revenue Code of 1986 is amended to read as follows: (iv) any individual who is a spouse or dependent (within the meaning of section 152) of an individual described in clause (i), (ii), or (iii). . (i) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013.

Small Business Tax Credit Accessibility Act

Smarter Approach to Nuclear Expenditures Act - Prohibits the obligation or expenditure of funds authorized to be appropriated to the Department of Defense (DOD) for FY2014-FY2023: (1) for the research, development, test, and evaluation (RDT&E) or procurement of a long-range penetrating bomber aircraft; (2) to procure an SSBN-X submarine (and prohibits the use of such funds for FY2024 and thereafter to procure more than eight such submarines); or (3) for the RDT&E or procurement of a new intercontinental ballistic missile (ICBM). Prohibits the obligation or expenditure of funds authorized to be appropriated for FY2014 or thereafter for DOD or the Department of Energy (DOE): (1) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; (2) until the Secretary of Defense and the Secretary of Energy jointly certify that the total cost of the B61 life extension program has been reduced to not more than $5 billion; (3) for the W78 life extension program; (4) for the mixed oxide fuel fabrication facility project; (5) to replace the chemistry and metallurgy research building at Los Alamos National Laboratory, Los Alamos, New Mexico; or (6) for the uranium processing facility at the Y-12 National Security Complex, Oak Ridge, Tennessee. Prohibits Navy forces, beginning in FY2020, from including more than eight operational ballistic-missile submarines available for deployment. Prohibits the use of DOD funds for FY2014 or thereafter: (1) to maintain more than 250 submarine-launched ballistic missiles, or (2) for the medium extended air defense system. Requires initial and annual reports from the Secretaries of Defense and Energy outlining their respective plans to carry out the requirements of this Act. Directs the President to submit to Congress an annual report containing a comprehensive accounting by the Director of the Office of Management and Budget (OMB) of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report for the life cycle of such weapon or program.

113 S2070 IS: Smarter Approach to Nuclear Expenditures Act U.S. Senate 2014-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2070 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Markey Mr. Merkley Committee on Armed Services A BILL To reduce the number of nuclear-armed submarines operated by the Navy, to prohibit the development of a new long-range penetrating bomber aircraft, to prohibit the procurement of new intercontinental ballistic missiles, and for other purposes. 1. Short title This Act may be cited as the Smarter Approach to Nuclear Expenditures Act 2. Findings Congress finds the following: (1) The Berlin Wall fell in 1989, the Soviet Union no longer exists, and the Cold War is over. The nature of threats to the national security and military interests of the United States has changed. However, the United States continues to maintain an enormous arsenal of nuclear weapons and delivery systems that were devised with the Cold War in mind. (2) The current nuclear arsenal of the United States includes approximately 5,000 total nuclear warheads, of which approximately 2,000 are deployed with three delivery components: long-range strategic bomber aircraft, land-based intercontinental ballistic missiles, and submarine-launched ballistic missiles. The bomber fleet of the United States comprises 93 B–52 and 20 B–2 aircraft. The United States maintains 450 intercontinental ballistic missiles. The United States also maintains 14 Ohio-class submarines, up to 12 of which are deployed at sea. Each of those submarines is armed with up to 96 independently targetable nuclear warheads. (3) This Cold War-based approach to nuclear security comes at significant cost. Over the next 10 years, the United States will spend hundreds of billions of dollars maintaining its nuclear force. A substantial decrease in spending on the nuclear arsenal of the United States is prudent for both the budget and national security. (4) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as stated by the Department of Defense’s June 2013 nuclear policy guidance entitled, Report on Nuclear Employment Strategy of the United States New START Treaty are more than adequate for what the United States needs to fulfill its national security objectives 1/3 (5) Even without additional reductions in deployed strategic warheads, the United States can save tens of billions of dollars by deploying those warheads more efficiently on delivery systems and by deferring production of new delivery systems until they are needed. (6) Economic security and national security are linked and both will be well served by smart defense spending. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on June 24, 2010, Our national debt is our biggest national security threat I haven’t changed my view that the continually increasing debt is the biggest threat we have to our national security. (7) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. 3. Reduction in nuclear forces (a) Prohibition on new long-Range penetrating bomber aircraft Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a long-range penetrating bomber aircraft. (b) Prohibition on F–35 nuclear mission Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F–35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (c) Reduction in the B61 life extension program Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended until the Secretary of Defense and the Secretary of Energy jointly certify to Congress that the total cost of the B61 life extension program has been reduced to not more than $5,000,000,000. (d) Termination of w78 life extension program Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the W78 life extension program. (e) Reduction of nuclear-Armed submarines Notwithstanding any other provision of law, beginning in fiscal year 2020, the forces of the Navy shall include not more than eight ballistic-missile submarines available for deployment. (f) Limitation on SSBN–X submarines Notwithstanding any other provision of law— (1) none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the procurement of an SSBN–X submarine; and (2) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2024 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of more than eight such submarines. (g) Reduction of submarine-Launched ballistic missiles Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 250 submarine-launched ballistic missiles. (h) Prohibition on new intercontinental ballistic missile Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a new intercontinental ballistic missile. (i) Termination of Mixed Oxide Fuel Fabrication Facility project Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Mixed Oxide Fuel Fabrication Facility project. (j) Termination of Chemistry and Metallurgy Research Building replacement project Notwithstanding section 4215 of the Atomic Energy Defense Act ( 50 U.S.C. 2535 (k) Termination of Uranium Processing Facility Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y–12 National Security Complex, Oak Ridge, Tennessee. (l) Termination of medium extended air defense system Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the medium extended air defense system. 4. Reports required (a) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3. (b) Annual report Not later than March 1, 2015, and annually thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3, including any updates to previously submitted reports. (c) Annual nuclear weapons accounting Not later than September 30, 2015, and annually thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during— (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) 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, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.

Smarter Approach to Nuclear Expenditures Act

Outer Continental Shelf Permit Processing Coordination Act - Directs the Secretary of the Interior to establish three regional joint outer Continental Shelf (OCS) lease and permit processing coordination offices, one for the Alaska region of the OCS, one for the Atlantic region, and one for the Pacific region.

113 S2071 IS: Outer Continental Shelf Permit Processing Coordination Act U.S. Senate 2014-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2071 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mr. Begich Committee on Energy and Natural Resources A BILL To establish outer Continental Shelf lease and permit processing coordination offices, and for other purposes. 1. Short title This Act may be cited as the Outer Continental Shelf Permit Processing Coordination Act 2. Definitions In this Act: (1) Coordination office The term coordination office (2) Secretary The term Secretary 3. Outer continental shelf permit processing coordination offices (a) Establishment The Secretary shall establish— (1) a regional joint outer Continental Shelf lease and permit processing coordination office for the Alaska region of the outer Continental Shelf; and (2) subject to subsection (c)— (A) a regional joint outer Continental Shelf lease and permit processing coordination office for the Atlantic region of the outer Continental Shelf; and (B) a regional joint outer Continental Shelf lease and permit processing coordination office for the Pacific region of the outer Continental Shelf. (b) Memorandum of understanding (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for the purposes of carrying out this section with— (A) the Secretary of Commerce; (B) the Chief of Engineers; (C) the Administrator of the Environmental Protection Agency; (D) the head of any other Federal agency that may have a role in permitting activities; and (E) in the case of the coordination office described in subsection (a)(1), the head of each borough government that is located adjacent to any active lease area. (2) State participation The Secretary shall request that the Governor of a State adjacent to the applicable outer Continental Shelf region be a signatory to the memorandum of understanding. (c) Date of establishment A coordination office described in subparagraph (A) or (B) of subsection (a)(2) shall not be established until the date on which a proposed lease sale is conducted for the Atlantic or Pacific region of the outer Continental Shelf, as applicable. (d) Designation of qualified staff (1) In general Each Federal signatory party shall, if appropriate, assign to each of the coordination offices an employee who has expertise in the regulatory issues administered by the office in which the employee is employed relating to leasing and the permitting of oil and gas activities on the outer Continental Shelf by the date that is— (A) in the case of the coordination office described in subsection (a)(1), not later than 30 days after the date of the signing of the memorandum of understanding relating to the applicable coordination office under subsection (b); or (B) in the case of a coordination office established under subsection (a)(2), not later than 30 days after the date of establishment of the applicable coordination office under subsection (c). (2) Duties An employee assigned under paragraph (1) shall— (A) not later than 90 days after the date of assignment, report to the applicable coordination office; (B) be responsible for all issues relating to the jurisdiction of the home office or agency of the employee; and (C) participate as part of the applicable team of personnel working on proposed oil and gas leasing and permitting, including planning and environmental analyses. (e) Transfer of funds For the purposes of coordination and processing of oil and gas use authorizations for the applicable outer Continental Shelf region, the Secretary may authorize the expenditure or transfer of such funds as are necessary to— (1) the Secretary of Commerce; (2) the Chief of Engineers; (3) the Administrator of the Environmental Protection Agency; (4) the head of any other Federal agency having a role in permitting activities; (5) any State adjacent to the applicable outer Continental Shelf region; and (6) in the case of the coordination office described in subsection (a)(1), the head of each borough government that is located adjacent to any active lease area. (f) Effect Nothing in this section— (1) authorizes the establishment of a regional joint outer Continental Shelf lease and permit processing coordination office for the Gulf of Mexico region of the outer Continental Shelf; (2) affects the operation of any Federal or State law; or (3) affects any delegation of authority made by the head of a Federal agency for employees that are assigned to a coordination office. (g) Funding (1) In general There is authorized to be appropriated $2,000,000 for the coordination office described in subsection (a)(1) for each of fiscal years 2015 through 2025, to remain available until expended. (2) Other coordination offices Notwithstanding any other provision of law— (A) of the amounts received by the Secretary from the sale of bonus bids in the Atlantic region of the outer Continental Shelf Continental Shelf region, $2,000,000 shall be made available for the applicable coordination office described in subsection (A)(2)(A) for the fiscal year; and (B) of the amounts received by the Secretary from the sale of bonus bids in the Pacific region of the outer Continental Shelf Continental Shelf region, $2,000,000 shall be made available for the applicable coordination office described in subsection (A)(2)(B) for the fiscal year. 4. Judicial review (a) Exclusive jurisdiction Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to review any claim relating to an action by the Administrator of the Environmental Protection Agency or the Secretary of the Interior with respect to the review, approval, denial, or issuance of an oil or natural gas lease or permit in the area of the outer Continental Shelf described in section 3(a)(1). (b) Deadline for filing claim A claim described in subsection (a) may be brought not later than 60 days after the date of the action giving rise to the claim. (c) Expedited consideration The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil and natural gas resources in the area of the outer Continental Shelf described in section 3(a)(1) that are needed to meet the anticipated demand for oil and natural gas.

Outer Continental Shelf Permit Processing Coordination Act

Energy Savings and Industrial Competitiveness Act of 2014 - Title I: Buildings - Subtitle A: Building Energy Codes - Amends the Energy Conservation and Production Act (ECPA) to direct the Secretary of Energy (DOE) to: (1) support the development and updating of national model building energy codes for residential and commercial buildings to enable the achievement of aggregate energy savings targets established by this Act, (2) encourage and support the adoption by states and local governments of building energy codes that meet or exceed the national codes, and (3) support full compliance with state and local codes. Subtitle B: Worker Training and Capacity Building - Directs the Secretary to provide grants to establish building training and assessment centers at institutions of higher learning to identify and promote opportunities, concepts, and technologies for expanding building energy and environmental performance. Requires the Secretary to make grants to pay the federal share of career skills training programs to help students obtain a certification to install energy efficient buildings technologies. Subtitle C: School Buildings - Requires the Secretary to act as the lead federal agency for coordinating and disseminating information on existing federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. Subtitle D: Better Buildings - Requires the Administrator of General Services (GSA) to develop and publish model leasing provisions and best practices for use in leasing documents that designate a federal agency as a landlord or tenant to encourage building owners and tenants to invest in cost-effective energy efficiency measures. Amends the Energy Independence and Security Act of 2007 (EISA) to require the Secretary to study the feasibility of: (1) significantly improving energy efficiency in commercial buildings through the design and construction of separate spaces with high-performance energy efficiency measures, and (2) encouraging owners and tenants to implement such measures in separate spaces. Requires the Administrator of the Environmental Protection Agency (EPA) to develop a voluntary Tenant Star program within the Energy Star program to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces. Requires DOE's Administrator of the Energy Information Administration to collect data on categories of building occupancy that consume significant quantities of energy and on other aspects of the property, building operation, or building occupancy determined to be relevant to lowering energy consumption. Subtitle E: Energy Information for Commercial Buildings - Amends EISA to revise exceptions to the requirement that federal agencies must lease space in buildings that have earned the Energy Star label. Requires a space leased by an agency in a building that has not earned the Energy Star label to be benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure. Exempts from such requirement a space for which owners cannot access whole building utility consumption data. Requires the Secretary to modify and maintain existing databases or create and maintain a new database platform to store and make publicly available energy-related information on commercial and multifamily buildings. Authorizes the Secretary to make awards to utilities, utility regulators, and utility partners to develop and implement programs to provide aggregated whole building energy consumption information to multitenant building owners. Title II: Industrial Efficiency and Competitiveness - Subtitle A: Manufacturing Energy Efficiency - Amends EISA to rename the energy-intensive industries program as the future of industry program. Amends ECPA to require the Secretary: (1) as part of the Office of Energy Efficiency and Renewable Energy, to conduct on-site technical assessments at the request of a manufacturer to identify opportunities for maximizing the energy efficiency of industrial processes and cross-cutting systems, preventing pollution and minimizing waste, improving efficient use of water in manufacturing processes, and conserving natural resources; and (2) as part of DOE's industrial efficiency programs, to carry out an industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial systems, reduce pollution, and conserve natural resources. Requires the Administrator of the Small Business Administration (SBA) to expedite consideration of applications from eligible small businesses for loans under the Small Business Act to implement recommendations of industrial research and assessment centers. Subtitle B: Supply Start - Establishes within DOE a Supply Star program to identify and promote practices, recognize companies, and recognize products that use highly efficient supply chains that conserve energy, water, and other resources. Subtitle C: Electric Motor Rebate Program - Directs the Secretary to establish rebate programs for expenditures for the purchase and installation of: (1) a new constant speed electric motor control that reduces motor energy use by at least 5%, and (2) certain commercial or industrial machinery or equipment that is manufactured and incorporates an advanced motor and drive system. Subtitle D: Transformer Rebate Program - Directs the Secretary to establish rebate programs for expenditures made by owners of industrial or manufacturing facilities, commercial buildings, and multifamily residential buildings for the purchase and installation of new energy efficient transformers. Title III: Federal Agency Energy Efficiency - Amends the National Energy Conservation Policy Act, with respect to federal agency energy management, to require each agency to collaborate with the Director of the Office of the Management and Budget (OMB) to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information technologies. Requires the OMB Director to establish performance goals for evaluating the efforts of agencies in improving such technology systems. Requires the Chief Information Officers Council to supplement the goals with recommendations on best practices for attaining them. Authorizes the GSA Administrator, for any building project for which congressional approval has been received and the design has been substantially completed, but whose construction has not begun, to use appropriated funds to update the building's design to meet energy efficiency and other standards for new federal buildings. Amends EISA to revise requirements for data center energy efficiency. Designates an information technology industry organization that coordinates the voluntary national information program for such centers. Requires establishment of an open data initiative for federal data center usage data. Requires the Secretary of Housing and Urban Development (HUD) to establish a demonstration program for energy and water conservation improvements at multifamily residential units. Title IV: Regulatory Provisions - Subtitle A: Third-Party Certification Under Energy Star Program - Amends the Energy Policy and Conservation Act (EPCA) to direct the EPA Administrator to revise the certification requirements for the labeling of consumer, home, and office electronic products for program partners that have complied with all requirements of the Energy Star program for a period of at least 18 months. Prohibits such requirements from requiring third-party certification for such a product to be listed. Subtitle B: Federal Green Buildings - Amends EISA to revise requirements for certification of green buildings. Subtitle C: Water Heaters - Amends EPCA to establish additional energy conservation standards applicable to grid-enabled water heaters (those intended for use as part of an electric thermal storage or demand response program). Subtitle D: Energy Performance Requirements for Federal Buildings - Amends the National Energy Conservation Policy Act to extend energy performance requirements for federal buildings through FY2017 (from a 30% reduction from 2003 energy consumption level for FY2015 to a 36% reduction for FY2017). Amends ECPA to revise the definition of "federal building" to include buildings altered by federal agencies, and to define "major renovation." Requires the Secretary to establish revised federal building energy efficiency performance standards after the approval of revisions of ASHRAE Standard 90.1 or the International Energy Conservation Code (IECC) to meet or exceed such revisions. Repeals a standard on fossil fuel-generated energy use in federal buildings. Requires federal building energy standards to be: (1) reviewed every five years, and (2) upgraded to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified if significant energy savings would result. Directs the Secretary of HUD to develop and issue guidelines for all federal mortgage agencies to implement enhanced loan eligibility requirements, for use when testing the ability of a loan applicant to repay a covered loan, that account for the expected energy cost savings for a loan applicant at a subject property. Directs the Secretary to issue guidelines for how covered agencies shall determine: (1) the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report meeting certain requirements, and (2) the estimated energy savings for properties with such a report. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require standards for the performance of real estate appraisals in connection with federally related transactions to require at a minimum that state certified and licensed appraisers have timely access to information from the property owner and the lender that may be relevant in developing an opinion of value regarding the energy- and water-saving improvements or features of a property. Applies the requirement of state certified appraisers to transactions involving any real property on which the appraiser makes adjustments using an energy efficiency report. Directs the Secretary to establish an advisory group on the implementation of the enhanced energy efficiency underwriting criteria established in this Act. Subtitle E: Third-Party Testing - Amends EPCA to require the Secretary of DOE and the EPA Administrator to rely on voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products. Title V: Miscellaneous - Amends EISA to reduce appropriations for the Zero Net Energy Commercial Buildings Initiative.

113 S2074 IS: Energy Savings and Industrial Competitiveness Act of 2014 U.S. Senate 2014-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2074 IN THE SENATE OF THE UNITED STATES February 27, 2014 Mrs. Shaheen Mr. Portman Ms. Landrieu Mr. Coons Mr. Warner Mr. Franken Mr. Manchin Ms. Collins Ms. Ayotte Mr. Wicker Mr. Hoeven Mr. Isakson Committee on Energy and Natural Resources A BILL To promote energy savings in residential buildings and industry, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Energy Savings and Industrial Competitiveness 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. Definition of Secretary. TITLE I—Buildings Subtitle A—Building energy codes Sec. 101. Greater energy efficiency in building codes. Subtitle B—Worker training and capacity building Sec. 111. Building training and assessment centers. Sec. 112. Career skills training. Subtitle C—School buildings Sec. 121. Coordination of energy retrofitting assistance for schools. Subtitle D—Better buildings Sec. 131. Energy efficiency in Federal and other buildings. Sec. 132. Separate spaces with high-performance energy efficiency measures. Sec. 133. Tenant star program. Subtitle E—Energy information for commercial buildings Sec. 141. Energy information for commercial buildings. TITLE II—Industrial efficiency and competitiveness Subtitle A—Manufacturing energy efficiency Sec. 201. Purposes. Sec. 202. Future of Industry program. Sec. 203. Sustainable manufacturing initiative. Sec. 204. Conforming amendments. Subtitle B—Supply Star Sec. 211. Supply Star. Subtitle C—Electric motor rebate program Sec. 221. Energy saving motor control, electric motor, and advanced motor systems rebate program. Subtitle D—Transformer rebate program Sec. 231. Energy efficient transformer rebate program. TITLE III—Federal agency energy efficiency Sec. 301. Energy-efficient and energy-saving information technologies. Sec. 302. Availability of funds for design updates. Sec. 303. Energy efficient data centers. Sec. 304. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units. TITLE IV—Regulatory provisions Subtitle A—Third-Party certification under Energy Star program Sec. 401. Third-party certification under Energy Star program. Subtitle B—Federal green buildings Sec. 411. High-performance green Federal buildings. Subtitle C—Water heaters Sec. 421. Grid-enabled water heaters. Subtitle D—Energy performance requirement for Federal buildings Sec. 431. Energy performance requirement for Federal buildings. Sec. 432. Federal building energy efficiency performance standards; certification system and level for green buildings. Sec. 433. Enhanced energy efficiency underwriting. Subtitle E—Third-Party testing Sec. 441. Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products. TITLE V—Miscellaneous Sec. 501. Offset. Sec. 502. Budgetary effects. Sec. 503. Advance appropriations required. 2. Definition of Secretary In this Act, the term Secretary I Buildings A Building energy codes 101. Greater energy efficiency in building codes (a) Definitions Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 (1) by striking paragraph (14) and inserting the following: (14) Model building energy code The term model building energy code (A) the Council of American Building Officials, or its legal successor, International Code Council, Inc.; (B) the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or (C) other appropriate organizations. ; and (2) by adding at the end the following: (17) IECC The term IECC (18) Indian tribe The term Indian tribe . (b) State building energy efficiency codes Section 304 of the Energy Conservation and Production Act ( 42 U.S.C. 6833 304. Updating State building energy efficiency codes (a) In general The Secretary shall— (1) encourage and support the adoption of building energy codes by States, Indian tribes, and, as appropriate, by local governments that meet or exceed the model building energy codes, or achieve equivalent or greater energy savings; and (2) support full compliance with the State and local codes. (b) State and Indian tribe certification of building energy code updates (1) Review and updating of codes by each State and Indian tribe (A) In general Not later than 2 years after the date on which a model building energy code is updated, each State or Indian tribe shall certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively. (B) Demonstration The certification shall include a demonstration of whether or not the energy savings for the code provisions that are in effect throughout the State or Indian tribal territory meet or exceed— (i) the energy savings of the updated model building energy code; or (ii) the targets established under section 307(b)(2). (C) No model building energy code update If a model building energy code is not updated by a target date established under section 307(b)(2)(D), each State or Indian tribe shall, not later than 2 years after the specified date, certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively, to meet or exceed the target in section 307(b)(2). (2) Validation by Secretary Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall— (A) determine whether the code provisions of the State or Indian tribe, respectively, meet the criteria specified in paragraph (1); and (B) if the determination is positive, validate the certification. (c) Improvements in compliance with building energy codes (1) Requirement (A) In general Not later than 3 years after the date of a certification under subsection (b), each State and Indian tribe shall certify whether or not the State and Indian tribe, respectively, has— (i) achieved full compliance under paragraph (3) with the applicable certified State and Indian tribe building energy code or with the associated model building energy code; or (ii) made significant progress under paragraph (4) toward achieving compliance with the applicable certified State and Indian tribe building energy code or with the associated model building energy code. (B) Repeat certifications If the State or Indian tribe certifies progress toward achieving compliance, the State or Indian tribe shall repeat the certification until the State or Indian tribe certifies that the State or Indian tribe has achieved full compliance, respectively. (2) Measurement of compliance A certification under paragraph (1) shall include documentation of the rate of compliance based on— (A) independent inspections of a random sample of the buildings covered by the code in the preceding year; or (B) an alternative method that yields an accurate measure of compliance. (3) Achievement of compliance A State or Indian tribe shall be considered to achieve full compliance under paragraph (1) if— (A) at least 90 percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph (1), or achieves equivalent or greater energy savings level; or (B) the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph (1) in the preceding year, compared to a baseline of comparable buildings that meet this code, is not more than 5 percent of the estimated energy use of all buildings covered by this code during the preceding year. (4) Significant progress toward achievement of compliance A State or Indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph (1) if the State or Indian tribe— (A) has developed and is implementing a plan for achieving compliance during the 8-year period beginning on the date of enactment of this paragraph, including annual targets for compliance and active training and enforcement programs; and (B) has met the most recent target under subparagraph (A). (5) Validation by Secretary Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall— (A) determine whether the State or Indian tribe has demonstrated meeting the criteria of this subsection, including accurate measurement of compliance; and (B) if the determination is positive, validate the certification. (d) States or Indian tribes that do not achieve compliance (1) Reporting A State or Indian tribe that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on— (A) the status of the State or Indian tribe with respect to meeting the requirements and submitting the certification; and (B) a plan for meeting the requirements and submitting the certification. (2) Federal support For any State or Indian tribe for which the Secretary has not validated a certification by a deadline under subsection (b) or (c), the lack of the certification may be a consideration for Federal support authorized under this section for code adoption and compliance activities. (3) Local government In any State or Indian tribe for which the Secretary has not validated a certification under subsection (b) or (c), a local government may be eligible for Federal support by meeting the certification requirements of subsections (b) and (c). (4) Annual reports by Secretary (A) In general The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on— (i) the status of model building energy codes; (ii) the status of code adoption and compliance in the States and Indian tribes; (iii) implementation of this section; and (iv) improvements in energy savings over time as result of the targets established under section 307(b)(2). (B) Impacts The report shall include estimates of impacts of past action under this section, and potential impacts of further action, on— (i) upfront financial and construction costs, cost benefits and returns (using investment analysis), and lifetime energy use for buildings; (ii) resulting energy costs to individuals and businesses; and (iii) resulting overall annual building ownership and operating costs. (e) Technical assistance to States and Indian tribes The Secretary shall provide technical assistance to States and Indian tribes to implement the goals and requirements of this section, including procedures and technical analysis for States and Indian tribes— (1) to improve and implement State residential and commercial building energy codes; (2) to demonstrate that the code provisions of the States and Indian tribes achieve equivalent or greater energy savings than the model building energy codes and targets; (3) to document the rate of compliance with a building energy code; and (4) to otherwise promote the design and construction of energy efficient buildings. (f) Availability of incentive funding (1) In general The Secretary shall provide incentive funding to States and Indian tribes— (A) to implement the requirements of this section; (B) to improve and implement residential and commercial building energy codes, including increasing and verifying compliance with the codes and training of State, tribal, and local building code officials to implement and enforce the codes; and (C) to promote building energy efficiency through the use of the codes. (2) Additional funding Additional funding shall be provided under this subsection for implementation of a plan to achieve and document full compliance with residential and commercial building energy codes under subsection (c)— (A) to a State or Indian tribe for which the Secretary has validated a certification under subsection (b) or (c); and (B) in a State or Indian tribe that is not eligible under subparagraph (A), to a local government that is eligible under this section. (3) Training Of the amounts made available under this subsection, the State or Indian tribe may use amounts required, but not to exceed $750,000 for a State, to train State and local building code officials to implement and enforce codes described in paragraph (2). (4) Local governments States may share grants under this subsection with local governments that implement and enforce the codes. (g) Stretch codes and advanced standards (1) In general The Secretary shall provide technical and financial support for the development of stretch codes and advanced standards for residential and commercial buildings for use as— (A) an option for adoption as a building energy code by local, tribal, or State governments; and (B) guidelines for energy-efficient building design. (2) Targets The stretch codes and advanced standards shall be designed— (A) to achieve substantial energy savings compared to the model building energy codes; and (B) to meet targets under section 307(b), if available, at least 3 to 6 years in advance of the target years. (h) Studies The Secretary, in consultation with building science experts from the National Laboratories and institutions of higher education, designers and builders of energy-efficient residential and commercial buildings, code officials, and other stakeholders, shall undertake a study of the feasibility, impact, economics, and merit of— (1) code improvements that would require that buildings be designed, sited, and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction, as advances are achieved in energy-saving technologies; (2) code procedures to incorporate measured lifetimes, not just first-year energy use, in trade-offs and performance calculations; and (3) legislative options for increasing energy savings from building energy codes, including additional incentives for effective State and local action, and verification of compliance with and enforcement of a code other than by a State or local government. (i) Effect on other laws Nothing in this section or section 307 supersedes or modifies the application of sections 321 through 346 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 et seq. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section and section 307 $200,000,000, to remain available until expended. . (c) Federal building energy efficiency standards Section 305 of the Energy Conservation and Production Act ( 42 U.S.C. 6834 voluntary building energy code model building energy code (d) Model building energy codes Section 307 of the Energy Conservation and Production Act ( 42 U.S.C. 6836 307. Support for model building energy codes (a) In general The Secretary shall support the updating of model building energy codes. (b) Targets (1) In general The Secretary shall support the updating of the model building energy codes to enable the achievement of aggregate energy savings targets established under paragraph (2). (2) Targets (A) In general The Secretary shall work with State, Indian tribes, local governments, nationally recognized code and standards developers, and other interested parties to support the updating of model building energy codes by establishing one or more aggregate energy savings targets to achieve the purposes of this section. (B) Separate targets The Secretary may establish separate targets for commercial and residential buildings. (C) Baselines The baseline for updating model building energy codes shall be the 2009 IECC for residential buildings and ASHRAE Standard 90.1–2010 for commercial buildings. (D) Specific years (i) In general Targets for specific years shall be established and revised by the Secretary through rulemaking and coordinated with nationally recognized code and standards developers at a level that— (I) is at the maximum level of energy efficiency that is technologically feasible and life-cycle cost effective, while accounting for the economic considerations under paragraph (4); (II) is higher than the preceding target; and (III) promotes the achievement of commercial and residential high-performance buildings through high performance energy efficiency (within the meaning of section 401 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17061 (ii) Initial targets Not later than 1 year after the date of enactment of this clause, the Secretary shall establish initial targets under this subparagraph. (iii) Different target years Subject to clause (i), prior to the applicable year, the Secretary may set a later target year for any of the model building energy codes described in subparagraph (A) if the Secretary determines that a target cannot be met. (iv) Small business When establishing targets under this paragraph through rulemaking, the Secretary shall ensure compliance with the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 (3) Appliance standards and other factors affecting building energy use In establishing building code targets under paragraph (2), the Secretary shall develop and adjust the targets in recognition of potential savings and costs relating to— (A) efficiency gains made in appliances, lighting, windows, insulation, and building envelope sealing; (B) advancement of distributed generation and on-site renewable power generation technologies; (C) equipment improvements for heating, cooling, and ventilation systems; (D) building management systems and SmartGrid technologies to reduce energy use; and (E) other technologies, practices, and building systems that the Secretary considers appropriate regarding building plug load and other energy uses. (4) Economic considerations In establishing and revising building code targets under paragraph (2), the Secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners, including a return on investment analysis. (c) Technical assistance to model building energy code-Setting and standard development organizations (1) In general The Secretary shall, on a timely basis, provide technical assistance to model building energy code-setting and standard development organizations consistent with the goals of this section. (2) Assistance The assistance shall include, as requested by the organizations, technical assistance in— (A) evaluating code or standards proposals or revisions; (B) building energy analysis and design tools; (C) building demonstrations; (D) developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes; (E) performance-based standards; (F) evaluating economic considerations under subsection (b)(4); and (G) developing model building energy codes by Indian tribes in accordance with tribal law. (3) Amendment proposals The Secretary may submit timely model building energy code amendment proposals to the model building energy code-setting and standard development organizations, with supporting evidence, sufficient to enable the model building energy codes to meet the targets established under subsection (b)(2). (4) Analysis methodology The Secretary shall make publicly available the entire calculation methodology (including input assumptions and data) used by the Secretary to estimate the energy savings of code or standard proposals and revisions. (d) Determination (1) Revision of model building energy codes If the provisions of the IECC or ASHRAE Standard 90.1 regarding building energy use are revised, the Secretary shall make a preliminary determination not later than 90 days after the date of the revision, and a final determination not later than 15 months after the date of the revision, on whether or not the revision will— (A) improve energy efficiency in buildings compared to the existing model building energy code; and (B) meet the applicable targets under subsection (b)(2). (2) Codes or standards not meeting targets (A) In general If the Secretary makes a preliminary determination under paragraph (1)(B) that a code or standard does not meet the targets established under subsection (b)(2), the Secretary may at the same time provide the model building energy code or standard developer with proposed changes that would result in a model building energy code that meets the targets and with supporting evidence, taking into consideration— (i) whether the modified code is technically feasible and life-cycle cost effective; (ii) available appliances, technologies, materials, and construction practices; and (iii) the economic considerations under subsection (b)(4). (B) Incorporation of changes (i) In general On receipt of the proposed changes, the model building energy code or standard developer shall have an additional 270 days to accept or reject the proposed changes of the Secretary to the model building energy code or standard for the Secretary to make a final determination. (ii) Final determination A final determination under paragraph (1) shall be on the modified model building energy code or standard. (e) Administration In carrying out this section, the Secretary shall— (1) publish notice of targets and supporting analysis and determinations under this section in the Federal Register to provide an explanation of and the basis for such actions, including any supporting modeling, data, assumptions, protocols, and cost-benefit analysis, including return on investment; and (2) provide an opportunity for public comment on targets and supporting analysis and determinations under this section. (f) Voluntary codes and standards Notwithstanding any other provision of this section, any model building code or standard established under section 304 shall not be binding on a State, local government, or Indian tribe as a matter of Federal law. . B Worker training and capacity building 111. Building training and assessment centers (a) In general The Secretary shall provide grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings; (2) to promote the application of emerging concepts and technologies in commercial and institutional buildings; (3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation; (4) to assist institutions of higher education and Tribal Colleges or Universities in training building technicians; (5) to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings, particularly energy-intensive buildings; and (6) to coordinate with and assist State-accredited technical training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States. (b) Coordination and nonduplication (1) In general The Secretary shall coordinate the program with the industrial research and assessment centers program and with other Federal programs to avoid duplication of effort. (2) Collocation To the maximum extent practicable, building, training, and assessment centers established under this section shall be collocated with Industrial Assessment Centers. (c) Authorization of Appropriations There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. 112. Career skills training (a) In general The Secretary shall pay grants to eligible entities described in subsection (b) to pay the Federal share of associated career skills training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining an industry-related certification to install energy efficient buildings technologies, including technologies described in section 307(b)(3) of the Energy Conservation and Production Act ( 42 U.S.C. 6836(b)(3) (b) Eligibility To be eligible to obtain a grant under subsection (a), an entity shall be a nonprofit partnership described in section 171(e)(2)(B)(ii) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2916(e)(2)(B)(ii) (c) Federal share The Federal share of the cost of carrying out a career skills training program described in subsection (a) shall be 50 percent. (d) Authorization of Appropriations There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. C School buildings 121. Coordination of energy retrofitting assistance for schools (a) Definition of school In this section, the term school (1) an elementary school or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (2) an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))); (3) a school of the defense dependents’ education system under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.) or established under section 2164 (4) a school operated by the Bureau of Indian Affairs; (5) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2511 (6) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))). (b) Designation of lead agency The Secretary, acting through the Office of Energy Efficiency and Renewable Energy, shall act as the lead Federal agency for coordinating and disseminating information on existing Federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. (c) Requirements In carrying out coordination and outreach under subsection (b), the Secretary shall— (1) in consultation and coordination with the appropriate Federal agencies, carry out a review of existing programs and financing mechanisms (including revolving loan funds and loan guarantees) available in or from the Department of Agriculture, the Department of Energy, the Department of Education, the Department of the Treasury, the Internal Revenue Service, the Environmental Protection Agency, and other appropriate Federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools; (2) establish a Federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available Federal opportunities and assistance described in paragraph (1), for energy efficiency, renewable energy, and energy retrofitting projects that enables States, local educational agencies, and schools— (A) to use existing Federal opportunities more effectively; and (B) to form partnerships with Governors, State energy programs, local educational, financial, and energy officials, State and local government officials, nonprofit organizations, and other appropriate entities, to support the initiation of the projects; (3) provide technical assistance for States, local educational agencies, and schools to help develop and finance energy efficiency, renewable energy, and energy retrofitting projects— (A) to increase the energy efficiency of buildings or facilities; (B) to install systems that individually generate energy from renewable energy resources; (C) to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives; or (D) to promote— (i) the maintenance of health, environmental quality, and safety in schools, including the ambient air quality, through energy efficiency, renewable energy, and energy retrofit projects; and (ii) the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices; (4) develop and maintain a single online resource Web site with contact information for relevant technical assistance and support staff in the Office of Energy Efficiency and Renewable Energy for States, local educational agencies, and schools to effectively access and use Federal opportunities and assistance described in paragraph (1) to develop energy efficiency, renewable energy, and energy retrofitting projects; and (5) establish a process for recognition of schools that— (A) have successfully implemented energy efficiency, renewable energy, and energy retrofitting projects; and (B) are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts. (d) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the implementation of this section. D Better buildings 131. Energy efficiency in Federal and other buildings (a) Definitions In this section: (1) Administrator The term Administrator (2) Cost-effective energy efficiency measure The terms cost-effective energy efficiency measure measure (b) Model provisions, policies, and best practices (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary and after providing the public with an opportunity for notice and comment, shall develop model leasing provisions and best practices in accordance with this subsection. (2) Commercial leasing (A) In general The model commercial leasing provisions developed under this subsection shall, at a minimum, align the interests of building owners and tenants with regard to investments in cost-effective energy efficiency measures to encourage building owners and tenants to collaborate to invest in such measures. (B) Use of model provisions The Administrator may use the model provisions developed under this subsection in any standard leasing document that designates a Federal agency (or other client of the Administrator) as a landlord or tenant. (C) Publication The Administrator shall periodically publish the model leasing provisions developed under this subsection, along with explanatory materials, to encourage building owners and tenants in the private sector to use such provisions and materials. (3) Realty services The Administrator shall develop policies and practices to implement cost-effective energy efficiency measures for the realty services provided by the Administrator to Federal agencies (or other clients of the Administrator), including periodic training of appropriate Federal employees and contractors on how to identify and evaluate those measures. (4) State and local assistance The Administrator, in consultation with the Secretary, shall make available model leasing provisions and best practices developed under this subsection to State, county, and municipal governments to manage owned and leased building space in accordance with the goal of encouraging investment in all cost-effective energy efficiency measures. 132. Separate spaces with high-performance energy efficiency measures Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) is amended by adding at the end the following: 424. Separate spaces with high-performance energy efficiency measures (a) Definitions In this section: (1) High-performance energy efficiency measure The term high-performance energy efficiency measure (2) Separate spaces The term separate spaces (b) Study (1) In general Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of— (A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and (B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. (2) Scope The study shall, at a minimum, include— (A) descriptions of— (i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; (ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; (iii) policies and best practices to achieve reductions in energy intensities for lighting, plug loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; (iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of available incentives; (v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; (vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether such measures generate the savings intended in the initial design and construction of the separate spaces; (vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and (viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and (B) case studies reporting economic and energy saving returns in the design and construction of separate spaces with high-performance energy efficiency measures. (3) Public participation Not later than 90 days after the date of the enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. (4) Publication The Secretary shall publish the study on the website of the Department of Energy. . 133. Tenant star program Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) (as amended by section 132) is amended by adding at the end the following: 425. Tenant star program (a) Definitions In this section: (1) High-performance energy efficiency measure The term high-performance energy efficiency measure (2) Separate spaces The term separate spaces (b) Tenant Star The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be known as Tenant Star, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. (c) Expanding survey data The Secretary of Energy, acting through the Administrator of the Energy Information Administration, shall— (1) collect, through each Commercial Buildings Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on— (A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by data centers, trading floors, and restaurants; and (B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; (2) with respect to the first Commercial Buildings Energy Consumption Survey conducted after the date of enactment of this section, to the extent full compliance with the requirements of paragraph (1) is not feasible, conduct activities to develop the capability to collect such data and begin to collect such data; and (3) make data collected under paragraphs (1) and (2) available to the public in aggregated form and provide such data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (d). (d) Recognition of owners and tenants (1) Occupancy-based recognition Not later than 1 year after the date on which sufficient data is received pursuant to subsection (c), the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment— (A) in a manner similar to the Energy Star rating system for commercial buildings, develop policies and procedures to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces; (B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (c) and any other appropriate data sources; and (C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. (2) Design- and construction-based recognition After the study required by section 424(b) is completed, the Administrator of the Environmental Protection Agency, in consultation with the Secretary and following an opportunity for public notice and comment, may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces. . E Energy information for commercial buildings 141. Energy information for commercial buildings (a) Requirement of benchmarking and disclosure for leasing buildings without energy star labels Section 435(b)(2) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17091(b)(2) (1) by striking paragraph (2) paragraph (1) (2) by striking signing the contract, signing the contract, the following requirements are met: (A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. (B) (i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces— (I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and (II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. (ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph. . (b) Department of Energy study (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study, with opportunity for public comment— (A) on the impact of— (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers— (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with— (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber-attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) Submission to Congress At the conclusion of the study, the Secretary shall submit to Congress a report on the results of the study. (c) Creation and maintenance of databases (1) In general Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary, in coordination with other relevant agencies shall, to carry out the purpose described in paragraph (2)— (A) assess existing databases; and (B) as necessary— (i) modify and maintain existing databases; or (ii) create and maintain a new database platform. (2) Purpose The maintenance of existing databases or creation of a new database platform under paragraph (1) shall be for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including— (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) buildings that have received energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, in an anonymous form, unless the owner provides otherwise. (d) Competitive awards Based on the results of the research for the portion of the study described in subsection (b)(1)(A)(ii), and with criteria developed following public notice and comment, the Secretary may make competitive awards to utilities, utility regulators, and utility partners to develop and implement effective and promising programs to provide aggregated whole building energy consumption information to multitenant building owners. (e) Input from stakeholders The Secretary shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (f) Report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the progress made in complying with this section. (g) Authorization of appropriations There is authorized to be appropriated to carry out subsection (b) $2,500,000 for each of fiscal years 2014 through 2018, to remain available until expended. II Industrial efficiency and competitiveness A Manufacturing energy efficiency 201. Purposes The purposes of this subtitle are— (1) to reform and reorient the industrial efficiency programs of the Department of Energy; (2) to establish a clear and consistent authority for industrial efficiency programs of the Department; (3) to accelerate the deployment of technologies and practices that will increase industrial energy efficiency and improve productivity; (4) to accelerate the development and demonstration of technologies that will assist the deployment goals of the industrial efficiency programs of the Department and increase manufacturing efficiency; (5) to stimulate domestic economic growth and improve industrial productivity and competitiveness; and (6) to strengthen partnerships between Federal and State governmental agencies and the private and academic sectors. 202. Future of Industry program (a) In general Section 452 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111 Future of Industry program (b) Definition of energy service provider Section 452(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111(a) (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (2) by inserting after paragraph (2): (3) Energy service provider The term energy service provider . (c) Industrial research and assessment centers Section 452(e) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111(e) (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately; (2) by striking The Secretary (1) In general The Secretary ; (3) in subparagraph (A) (as redesignated by paragraph (1)), by inserting before the semicolon at the end the following: , including assessments of sustainable manufacturing goals and the implementation of information technology advancements for supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes (4) by adding at the end the following: (2) Coordination (A) In general To increase the value and capabilities of the industrial research and assessment centers, the centers shall— (i) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology; (ii) coordinate with the Building Technologies Program of the Department of Energy to provide building assessment services to manufacturers; (iii) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise and technologies of the National Laboratories for national industrial and manufacturing needs; (iv) increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency, power factor, and load management; (v) identify opportunities for reducing greenhouse gas emissions; and (vi) promote sustainable manufacturing practices for small- and medium-sized manufacturers. (3) Outreach The Secretary shall provide funding for— (A) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and (B) coordination activities by each industrial research and assessment center to leverage efforts with— (i) Federal and State efforts; (ii) the efforts of utilities and energy service providers; (iii) the efforts of regional energy efficiency organizations; and (iv) the efforts of other industrial research and assessment centers. (4) Workforce training (A) In general The Secretary shall pay the Federal share of associated internship programs under which students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers. (B) Federal share The Federal share of the cost of carrying out internship programs described in subparagraph (A) shall be 50 percent. (5) Small business loans The Administrator of the Small Business Administration shall, to the maximum extent practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act ( 15 U.S.C. 631 et seq. (6) Advanced manufacturing steering committee The Secretary shall establish an advisory steering committee to provide recommendations to the Secretary on planning and implementation of the Advanced Manufacturing Office of the Department of Energy. . 203. Sustainable manufacturing initiative (a) In general Part E of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6341 376. Sustainable manufacturing initiative (a) In general As part of the Office of Energy Efficiency and Renewable Energy, the Secretary, on the request of a manufacturer, shall conduct onsite technical assessments to identify opportunities for— (1) maximizing the energy efficiency of industrial processes and cross-cutting systems; (2) preventing pollution and minimizing waste; (3) improving efficient use of water in manufacturing processes; (4) conserving natural resources; and (5) achieving such other goals as the Secretary determines to be appropriate. (b) Coordination The Secretary shall carry out the initiative in coordination with the private sector and appropriate agencies, including the National Institute of Standards and Technology, to accelerate adoption of new and existing technologies and processes that improve energy efficiency. (c) Research and development program for sustainable manufacturing and industrial technologies and processes As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants, reduce pollution, and conserve natural resources. . (b) Table of contents The table of contents of the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the items relating to part E of title III the following: Sec. 376. Sustainable manufacturing initiative. . 204. Conforming amendments (a) Section 106 of the Energy Policy Act of 2005 ( 42 U.S.C. 15811 (b) Sections 131, 132, 133, 2103, and 2107 of the Energy Policy Act of 1992 ( 42 U.S.C. 6348 (c) Section 2101(a) of the Energy Policy Act of 1992 ( 42 U.S.C. 13451(a) sections 2102, 2103, 2104, 2105, 2106, 2107, and 2108 sections 2102, 2104, 2105, 2106, and 2108 of this Act and section 376 of the Energy Policy and Conservation Act, B Supply Star 211. Supply Star The Energy Policy and Conservation Act is amended by inserting after section 324A ( 42 U.S.C. 6294a 324B. Supply Star Program (a) In general There is established within the Department of Energy a Supply Star program to identify and promote practices, recognize companies, and, as appropriate, recognize products that use highly efficient supply chains in a manner that conserves energy, water, and other resources. (b) Coordination In carrying out the program described in subsection (a), the Secretary shall— (1) consult with other appropriate agencies; and (2) coordinate efforts with the Energy Star program established under section 324A. (c) Duties In carrying out the Supply Star program described in subsection (a), the Secretary shall— (1) promote practices, recognize companies, and, as appropriate, recognize products that comply with the Supply Star program as the preferred practices, companies, and products in the marketplace for maximizing supply chain efficiency; (2) work to enhance industry and public awareness of the Supply Star program; (3) collect and disseminate data on supply chain energy resource consumption; (4) develop and disseminate metrics, processes, and analytical tools (including software) for evaluating supply chain energy resource use; (5) develop guidance at the sector level for improving supply chain efficiency; (6) work with domestic and international organizations to harmonize approaches to analyzing supply chain efficiency, including the development of a consistent set of tools, templates, calculators, and databases; and (7) work with industry, including small businesses, to improve supply chain efficiency through activities that include— (A) developing and sharing best practices; and (B) providing opportunities to benchmark supply chain efficiency. (d) Evaluation In any evaluation of supply chain efficiency carried out by the Secretary with respect to a specific product, the Secretary shall consider energy consumption and resource use throughout the entire lifecycle of a product, including production, transport, packaging, use, and disposal. (e) Grants and Incentives (1) In general The Secretary may award grants or other forms of incentives on a competitive basis to eligible entities, as determined by the Secretary, for the purposes of— (A) studying supply chain energy resource efficiency; and (B) demonstrating and achieving reductions in the energy resource consumption of commercial products through changes and improvements to the production supply and distribution chain of the products. (2) Use of information Any information or data generated as a result of the grants or incentives described in paragraph (1) shall be used to inform the development of the Supply Star Program. (f) Training The Secretary shall use funds to support professional training programs to develop and communicate methods, practices, and tools for improving supply chain efficiency. (g) Effect of outsourcing of American jobs For purposes of this section, the outsourcing of American jobs in the production of a product shall not count as a positive factor in determining supply chain efficiency. (h) Authorization of Appropriations There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2014 through 2023. . C Electric motor rebate program 221. Energy saving motor control, electric motor, and advanced motor systems rebate program (a) Definitions In this section: (1) Advanced motor and drive system The term advanced motor and drive system (A) offers variable or multiple speed operation; (B) offers efficiency at a rated full load that is greater than the efficiency described for the equivalent rating in— (i) table 12–12 of National Electrical Manufacturers Association (NEMA MG 1–2011); or (ii) section 431.446 of National Electrical Manufacturers Association (2012); and (C) uses— (i) permanent magnet alternating current synchronous motor technology; (ii) electronically commutated motor technology; (iii) switched reluctance motor technology; (iv) synchronous reluctance motor technology; or (v) such other motor that has greater than 1 horsepower and uses a drive systems technology, as determined by the Secretary. (2) Electric motor The term electric motor section 431.12 (3) Qualified product The term qualified product (A) a new constant speed electric motor control that— (i) is attached to an electric motor; and (ii) reduces the energy use of the electric motor by not less than 5 percent; and (B) commercial or industrial machinery or equipment that— (i) is manufactured and incorporates an advanced motor and drive system that has greater than 1 horsepower into a redesigned machine or equipment that did not previously make use of the advanced motor and drive system; or (ii) was previously used and placed back into service in calendar year 2014 or 2015 that upgrades the existing machine or equipment with an advanced motor and drive system. (b) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a program to provide rebates for expenditures made by qualified entities for the purchase and installation of qualified products. (c) Qualified entities A qualified entity under this section shall be— (1) in the case of a qualified product described in subsection (a)(3)(A), the purchaser of the qualified product for whom the qualified product is installed; and (2) in the case of a qualified product described in subsection (a)(3)(B)), the manufacturer of the machine or equipment that incorporated the advanced motor and drive system into the machine or equipment. (d) Requirements (1) Application To be eligible to receive a rebate under this section, a qualified entity shall submit to the Secretary or an entity designated by the Secretary an application and certification in such form, at such time, and containing such information as the Secretary may require, including demonstrated evidence that the qualified entity purchased a qualified product and— (A) in the case of a qualified product described in subsection (a)(3)(A)— (i) demonstrated evidence that the qualified entity installed the qualified product in calendar year 2014 or 2015; (ii) demonstrated evidence that the qualified product reduces motor energy use by not less than 5 percent, in accordance with procedures approved by the Secretary; and (iii) the serial number, manufacturer, and model number from the nameplate of the installed motor of the qualified entity on which the qualified product was installed; and (B) in the case of a qualified product described in subsection (a)(3)(B)— (i) demonstrated evidence that the manufacturer— (I) redesigned a machine or equipment of a manufacturer that did not previously make use of an advanced motor and drive system; or (II) upgraded a used machine or equipment to incorporate an advanced motor and drive system; (ii) demonstrated evidence that the qualified product was sold, installed, or placed back into service in calendar year 2014 or 2015; and (iii) the serial number, manufacturer, and model number from the nameplate of the installed motor of the qualified entity with which the advanced motor and drive system is integrated. (2) Authorized amount of rebate The Secretary may provide to a qualified entity that has satisfied the requirements of paragraph (1) a rebate the amount of which shall be equal to the product obtained by multiplying— (A) the nameplate rated horsepower of— (i) the electric motor to which the new constant speed electric motor control is attached; (ii) the new electric motor that replaced a previously installed electric motor; or (iii) the advanced electric motor control system; and (B) $25. (3) Maximum aggregate amount No entity shall be entitled to aggregate rebates under this section in excess of $250,000. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 and 2015, to remain available until expended. D Transformer rebate program 231. Energy efficient transformer rebate program (a) Definition of qualified transformer In this section, the term qualified transformer (b) Establishment Not later than January 1, 2014, the Secretary shall establish a program under which rebates are provided for expenditures made by owners of industrial or manufacturing facilities, commercial buildings, and multifamily residential buildings for the purchase and installation of a new energy efficient transformers. (c) Requirements (1) Application To be eligible to receive a rebate under this section, an owner shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including demonstrated evidence that the owner purchased a qualified transformer. (2) Authorized amount of rebate For qualified transformers, rebates, in dollars per kilovolt-ampere (referred to in this paragraph as kVA (A) for 3-phase transformers— (i) with a capacity of not greater than 10 kVA, 15; (ii) with a capacity of not less than 10 kVA and not greater than 100 kVA, the difference between 15 and the quotient obtained by dividing— (I) the difference between— (aa) the capacity of the transformer in kVA; and (bb) 10; by (II) 9; and (iii) with a capacity greater than or equal to 100 kVA, 5; and (B) for single-phase transformers, 75 percent of the rebate for a 3-phase transformer of the same capacity. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 and 2015, to remain available until expended. (e) Termination of effectiveness The authority provided by this section terminates effective December 31, 2015. III Federal agency energy efficiency 301. Energy-efficient and energy-saving information technologies Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 (1) by redesignating the second subsection (f) (relating to large capital energy investments) as subsection (g); and (2) by adding at the end the following: (h) Federal Implementation Strategy for Energy-Efficient and Energy-Saving Information Technologies (1) Definitions In this subsection: (A) Director The term Director (B) Information technology The term information technology section 11101 (2) Development of implementation strategy Not later than 1 year after the date of enactment of this subsection, each Federal agency shall collaborate with the Director to develop an implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies. (3) Administration In developing an implementation strategy, each Federal agency shall consider— (A) advanced metering infrastructure; (B) energy efficient data center strategies and methods of increasing asset and infrastructure utilization; (C) advanced power management tools; (D) building information modeling, including building energy management; and (E) secure telework and travel substitution tools. (4) Performance goals (A) In general Not later than September 30, 2014, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information technology systems. (B) Best practices The Chief Information Officers Council established under section 3603 (i) energy savings performance contracting; and (ii) utility energy services contracting. (5) Reports (A) Agency reports Each Federal agency subject to the requirements of this subsection shall include in the report of the agency under section 527 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17143 (B) OMB Government efficiency reports and scorecards Effective beginning not later than October 1, 2014, the Director shall include in the annual report and scorecard of the Director required under section 528 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17144 (C) Use of existing reporting structures The Director may require Federal agencies to submit any information required to be submitted under this subsection though reporting structures in use as of the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2014 . 302. Availability of funds for design updates Section 3307 (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and (2) by inserting after subsection (c) the following: (d) Availability of funds for design updates (1) In general Subject to paragraph (2), for any project for which congressional approval is received under subsection (a) and for which the design has been substantially completed but construction has not begun, the Administrator of General Services may use appropriated funds to update the project design to meet applicable Federal building energy efficiency standards established under section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) and other requirements established under section 3312. (2) Limitation The use of funds under paragraph (1) shall not exceed 125 percent of the estimated energy or other cost savings associated with the updates as determined by a life cycle cost analysis under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254). . 303. Energy efficient data centers Section 453 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17112 (1) in subsection (c), by striking paragraph (1) and inserting the following: (1) In general Not later than 30 days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2014 (A) designate an established information technology industry organization to coordinate the program described in subsection (b); and (B) make the designation public, including on an appropriate website. ; (2) by striking subsections (e) and (f) and inserting the following: (e) Study The Secretary, with assistance from the Administrator, shall— (1) not later than December 31, 2014, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109–431 (120 Stat. 2920), that provides— (A) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2013; (B) an analysis considering the impact of information technologies, to include virtualization and cloud computing, in the public and private sectors; and (C) updated projections and recommendations for best practices through fiscal year 2020; and (2) collaborate with the organization designated under subsection (c) in preparing the report. (f) Data center energy practitioner program (1) In general The Secretary, in collaboration with the organization designated under subsection (c) and in consultation with the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in data centers. (2) Evaluations Each Federal agency shall consider having the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the program, whenever practicable using certified practitioners employed by the agency. ; (3) by redesignating subsection (g) as subsection (j); and (4) by inserting after subsection (f) the following: (g) Open data initiative (1) In general The Secretary, in collaboration with the organization designated under subsection (c) and in consultation with the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making the data available and accessible in a manner that empowers further data center optimization and consolidation. (2) Administration In establishing the initiative, the Secretary shall consider use of the online Data Center Maturity Model. (h) International specifications and metrics The Secretary, in collaboration with the organization designated under subsection (c), shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. (i) Data center utilization metric The Secretary, in collaboration with the organization designated under subsection (c), shall assist in the development of an efficiency metric that measures the energy efficiency of the overall data center. . 304. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units (a) Establishment The Secretary of Housing and Urban Development (referred to in this section as the Secretary (1) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (2) the supportive housing for the elderly program under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (3) the supportive housing for persons with disabilities program under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2)). (b) Requirements (1) Payments contingent on savings (A) In general The Secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties, as determined by the Secretary, in accordance with subparagraph (B). (B) Payment methodology (i) In general Each agreement under this section shall include a pay-for-success provision— (I) that will serve as a payment threshold for the term of the agreement; and (II) pursuant to which the Department of Housing and Urban Development shall share a percentage of the savings at a level determined by the Secretary that is sufficient to cover the administrative costs of carrying out this section. (ii) Limitations A payment made by the Secretary under an agreement under this section shall— (I) be contingent on documented utility savings; and (II) not exceed the utility savings achieved by the date of the payment, and not previously paid, as a result of the improvements made under the agreement. (C) Third-party verification Savings payments made by the Secretary under this section shall be based on a measurement and verification protocol that includes at least— (i) establishment of a weather-normalized and occupancy-normalized utility consumption baseline established preretrofit; (ii) annual third-party confirmation of actual utility consumption and cost for owner-paid utilities; (iii) annual third-party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type; and (iv) annual third-party determination of savings to the Secretary. (2) Term The term of an agreement under this section shall be not longer than 12 years. (3) Entity eligibility The Secretary shall— (A) establish a competitive process for entering into agreements under this section; and (B) enter into such agreements only with entities that demonstrate significant experience relating to— (i) financing and operating properties receiving assistance under a program described in subsection (a); (ii) oversight of energy and water conservation programs, including oversight of contractors; and (iii) raising capital for energy and water conservation improvements from charitable organizations or private investors. (4) Geographical diversity Each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and State variance. (c) Plan and reports (1) Plan Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed plan for the implementation of this section. (2) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall— (A) conduct an evaluation of the program under this section; and (B) submit to Congress a report describing each evaluation conducted under subparagraph (A). (d) Funding For each fiscal year during which an agreement under this section is in effect, the Secretary may use to carry out this section any funds appropriated to the Secretary for the renewal of contracts under a program described in subsection (a). IV Regulatory provisions A Third-Party certification under Energy Star program 401. Third-party certification under Energy Star program Section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a (e) Third-Party certification (1) In general Subject to paragraph (2), not later than 180 days after the date of enactment of this subsection, the Administrator shall revise the certification requirements for the labeling of consumer, home, and office electronic products for program partners that have complied with all requirements of the Energy Star program for a period of at least 18 months. (2) Administration In the case of a program partner described in paragraph (1), the new requirements under paragraph (1)— (A) shall not require third-party certification for a product to be listed; but (B) may require that test data and other product information be submitted to facilitate product listing and performance verification for a sample of products. (3) Third parties Nothing in this subsection prevents the Administrator from using third parties in the course of the administration of the Energy Star program. (4) Termination (A) In general Subject to subparagraph (B), an exemption from third-party certification provided to a program partner under paragraph (1) shall terminate if the program partner is found to have violated program requirements with respect to at least 2 separate models during a 2-year period. (B) Resumption A termination for a program partner under subparagraph (A) shall cease if the program partner complies with all Energy Star program requirements for a period of at least 3 years. . B Federal green buildings 411. High-performance green Federal buildings Section 436(h) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17092(h) (1) in the subsection heading, by striking system systems (2) by striking paragraph (1) and inserting the following: (1) In general Based on an ongoing review, the Federal Director shall identify and shall provide to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act ( 42 U.S.C. 6834(a)(3)(D) ; and (3) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking system systems (B) by striking subparagraph (A) and inserting the following: (A) an ongoing review provided to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act ( 42 U.S.C. 6834(a)(3)(D) (i) be carried out by the Federal Director to compare and evaluate standards; and (ii) allow any developer or administrator of a rating system or certification system to be included in the review; ; (C) in subparagraph (E)(v), by striking and (D) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (G) a finding that, for all credits addressing grown, harvested, or mined materials, the system does not discriminate against the use of domestic products that have obtained certifications of responsible sourcing; and (H) a finding that the system incorporates life-cycle assessment as a credit pathway. . C Water heaters 421. Grid-enabled water heaters Part B of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 et seq. (1) in section 325(e), by adding at the end the following: (6) Additional standards for grid-enabled water heaters (A) Definitions In this paragraph: (i) Activation key The term activation key (I) that must be activated to enable the product to operate continuously and at its designed specifications and capabilities; and (II) without which activation the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the manufacturer. (ii) Grid-enabled water heater The term grid-enabled water heater (I) with a rated storage tank volume of more than 75 gallons; (II) manufactured on or after April 16, 2015; (III) that has— (aa) an energy factor of not less than 1.061 minus the product obtained by multiplying— (AA) the rated storage volume of the tank, expressed in gallons; and (BB) 0.00168; or (bb) an efficiency level equivalent to the energy factor under item (aa) and expressed as a uniform energy descriptor based on the revised test procedure for water heaters described in paragraph (5); (IV) equipped by the manufacturer with an activation key; and (V) that bears a permanent label applied by the manufacturer that— (aa) is made of material not adversely affected by water; (bb) is attached by means of non-water-soluble adhesive; and (cc) advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product. (B) Requirement The manufacturer or private labeler shall provide the activation key only to utilities or other companies operating electric thermal storage or demand response programs that use grid-enabled water heaters. (C) Reports (i) Manufacturers The Secretary shall require each manufacturer of grid-enabled water heaters to report to the Secretary annually the number of grid-enabled water heaters that the manufacturer ships each year. (ii) Operators The Secretary shall require utilities and other demand response and thermal storage program operators to report annually the number of grid-enabled water heaters activated for their programs using forms of the Energy Information Agency or using such other mechanism that the Secretary determines appropriate after an opportunity for notice and comment. (iii) Confidentiality requirements The Secretary shall treat shipment data reported by manufacturers as confidential business information. (D) Publication of information (i) In general In 2017 and 2019, the Secretary shall publish an analysis of the data collected under subparagraph (C) to assess the extent to which shipped products are put into use in demand response and thermal storage programs. (ii) Prevention of product diversion If the Secretary determines that sales of grid-enabled water heaters exceed by 15 percent or greater the number of such products activated for use in demand response and thermal storage programs annually, the Secretary shall, after opportunity for notice and comment, establish procedures to prevent product diversion for non-program purposes. (E) Compliance (i) In general Subparagraphs (A) through (D) shall remain in effect until the Secretary determines under this section that grid-enabled water heaters do not require a separate efficiency requirement. (ii) Effective date If the Secretary exercises the authority described in clause (i) or amends the efficiency requirement for grid-enabled water heaters, that action will take effect on the date described in subsection (m)(4)(A)(ii). (iii) Consideration In carrying out this section with respect to electric water heaters, the Secretary shall consider the impact on thermal storage and demand response programs, including the consequent impact on energy savings, electric bills, electric reliability, integration of renewable resources, and the environment. (iv) Requirements In carrying out this subparagraph, the Secretary shall require that grid-enabled water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the Secretary determines that the technology is available, practical, and cost-effective. ; and (2) in section 332— (A) in paragraph (5), by striking or (B) in the first paragraph (6), by striking the period at the end and inserting a semicolon; (C) by redesignating the second paragraph (6) as paragraph (7); (D) in subparagraph (B) of paragraph (7) (as so redesignated), by striking the period at the end and inserting ; or (E) by adding at the end the following: (8) with respect to grid-enabled water heaters that are not used as part of an electric thermal storage or demand response program, for any person knowingly and repeatedly— (A) to distribute activation keys for those grid-enabled water heaters; (B) otherwise to enable the full operation of those grid-enabled water heaters; or (C) to remove or render illegible the labels of those grid-enabled water heaters. . D Energy performance requirement for Federal buildings 431. Energy performance requirement for Federal buildings Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 (1) by striking subsection (a) and inserting the following: (a) Energy performance requirement for Federal buildings (1) Requirement Subject to paragraph (2), each agency shall apply energy conservation measures to, and shall improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in fiscal years 2006 through 2017 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2003, by the percentage specified in the following table: Percentage Fiscal Year Reduction 2006 2 2007 4 2008 9 2009 12 2010 15 2011 18 2012 21 2013 24 2014 27 2015 30 2016 33 2017 36. (2) Exclusion for buildings with energy intensive activities (A) In general An agency may exclude from the requirements of paragraph (1) any building (including the associated energy consumption and gross square footage) in which energy intensive activities are carried out. (B) Reports Each agency shall identify and list in each report made under section 548(a) the buildings designated by the agency for exclusion under subparagraph (A). (3) Review Not later than December 31, 2017, the Secretary shall— (A) review the results of the implementation of the energy performance requirements established under paragraph (1); and (B) based on the review conducted under subparagraph (A), submit to Congress a report that addresses the feasibility of requiring each agency to apply energy conservation measures to, and improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in each of fiscal years 2018 through 2030 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in the prior fiscal year, by 3 percent. ; and (2) in subsection (f)— (A) in paragraph (1)— (i) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (F), (G), and (H), respectively; and (ii) by inserting after subparagraph (D) the following: (E) Ongoing commissioning The term ongoing commissioning ; (B) in paragraph (2), by adding at the end the following: (C) Energy management system An energy manager designated under subparagraph (A) shall consider use of a system to manage energy use at the facility and certification of the facility in accordance with the International Organization for Standardization standard numbered 50001 and entitled Energy Management Systems ; (C) by striking paragraphs (3) and (4) and inserting the following: (3) Energy and water evaluations and commissioning (A) Evaluations Except as provided in subparagraph (B), effective beginning on the date that is 180 days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2014 (B) Exceptions An evaluation and recommissioning shall not be required under subparagraph (A) with respect to a facility that— (i) has had a comprehensive energy and water evaluation during the 8-year period preceding the date of the evaluation; (ii) (I) has been commissioned, recommissioned, or retrocommissioned during the 10-year period preceding the date of the evaluation; or (II) is under ongoing commissioning; (iii) has not had a major change in function or use since the previous evaluation and commissioning; (iv) has been benchmarked with public disclosure under paragraph (8) within the year preceding the evaluation; and (v) (I) based on the benchmarking, has achieved at a facility level the most recent cumulative energy savings target under subsection (a) compared to the earlier of— (aa) the date of the most recent evaluation; or (bb) the date— (AA) of the most recent commissioning, recommissioning, or retrocommissioning; or (BB) on which ongoing commissioning began; or (II) has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause (I). (4) Implementation of identified energy and water efficiency measures (A) In general Not later than 2 years after the date of completion of each evaluation under paragraph (3), each energy manager may— (i) implement any energy- or water-saving measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life-cycle cost effective; and (ii) bundle individual measures of varying paybacks together into combined projects. (B) Measures not implemented The energy manager shall, as part of the certification system under paragraph (7), explain the reasons why any life-cycle cost effective measures were not implemented under subparagraph (A) using guidelines developed by the Secretary. ; and (D) in paragraph (7)(C), by adding at the end the following: (iii) Summary report The Secretary shall make available a report that summarizes the information tracked under subparagraph (B)(i) by each agency and, as applicable, by each type of measure. . 432. Federal building energy efficiency performance standards; certification system and level for green buildings (a) Definitions Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 (1) in paragraph (6), by striking to be constructed constructed or altered (2) by adding at the end the following: (19) Major renovation The term major renovation . (b) Federal Building Efficiency Standards Section 305 of the Energy Conservation and Production Act ( 42 U.S.C. 6834 (1) in subsection (a)(3)— (A) by striking (3)(A) Not later than (3) Revised Federal building energy efficiency performance standards; certification for green buildings (A) Revised federal building energy efficiency performance standards (i) In general Not later than 1 year after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2014 (I) new Federal buildings and alterations and additions to existing Federal buildings— (aa) meet or exceed the most recent revision of the International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1 (in the case of commercial buildings) as of the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2014 (bb) meet or exceed the energy provisions of State and local building codes applicable to the building, if the codes are more stringent than the International Energy Conservation Code or ASHRAE Standard 90.1, as applicable; (II) unless demonstrated not to be life-cycle cost effective for new Federal buildings and Federal buildings with major renovations— (aa) the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, that is applied under subclause (I)(aa), including updates under subparagraph (B); and (bb) sustainable design principles are applied to the location, siting, design, and construction of all new Federal buildings and replacement Federal buildings; (III) if water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost effective; (IV) if life-cycle cost effective, as compared to other reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal building or Federal building undergoing a major renovation be met through the installation and use of solar hot water heaters; and (V) in addition to complying with the other requirements under this paragraph, unless found not to be life-cycle cost effective, new Federal buildings that are at least 5,000 square feet in size shall comply with the Guiding Principles for Sustainable New Construction and Major Renovations (as established in the document entitled High Performance and Sustainable Buildings Guidance (Final) and dated December 1, 2008). (ii) Limitation Clause (i)(I) shall not apply to unaltered portions of existing Federal buildings and systems that have been added to or altered. (B) Updates Not later than 1 year after the date of approval of each subsequent revision of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, the Secretary shall determine whether the revised standards established under subparagraph (A) should be updated to reflect the revisions, based on the energy savings and life-cycle cost-effectiveness of the revisions. ; (B) in subparagraph (C), by striking (C) In the budget request (C) Budget request In the budget request ; and (C) by striking subparagraph (D) and inserting the following: (D) Certification for green buildings (i) Sustainable design principles Sustainable design principles shall be applied to the siting, design, and construction of buildings covered by this subparagraph. (ii) Selection of certification systems The Secretary, after reviewing the findings of the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17092(h) (iii) Basis for selection The determination of the certification systems under clause (ii) shall be based on ongoing review of the findings of the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17092(h) (iv) Administration In determining certification systems under this subparagraph, the Secretary shall— (I) make a separate determination for all or part of each system; (II) confirm that the criteria used to support the selection of building products, materials, brands, and technologies are fair and neutral (meaning that such criteria are based on an objective assessment of relevant technical data), do not prohibit, disfavor, or discriminate against selection based on technically inadequate information to inform human or environmental risk, and are expressed to prefer performance measures whenever performance measures may reasonably be used in lieu of prescriptive measures; and (III) use environmental and health criteria that are based on risk assessment methodology that is generally accepted by the applicable scientific disciplines. (v) Considerations In determining the green building certification systems under this subparagraph, the Secretary shall take into consideration— (I) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph; (II) the ability of the applicable certification organization to collect and reflect public comment; (III) the ability of the standard to be developed and revised through a consensus-based process; (IV) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting— (aa) efficient and sustainable use of water, energy, and other natural resources; (bb) use of renewable energy sources; (cc) improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; and (dd) such other criteria as the Secretary determines to be appropriate; and (V) national recognition within the building industry. (vi) Review The Secretary, in consultation with the Administrator of General Services and the Secretary of Defense, shall conduct an ongoing review to evaluate and compare private sector green building certification systems, taking into account— (I) the criteria described in clause (v); and (II) the identification made by the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17092(h) (vii) Exclusions (I) In general Subject to subclause (II), if a certification system fails to meet the review requirements of clause (v), the Secretary shall— (aa) identify the portions of the system, whether prerequisites, credits, points, or otherwise, that meet the review criteria of clause (v); (bb) determine the portions of the system that are suitable for use; and (cc) exclude all other portions of the system from identification and use. (II) Entire systems The Secretary shall exclude an entire system from use if an exclusion under subclause (I)— (aa) impedes the integrated use of the system; (bb) creates disparate review criteria or unequal point access for competing materials; or (cc) increases agency costs of the use. (viii) Internal certification processes The Secretary may by rule allow Federal agencies to develop internal certification processes, using certified professionals, in lieu of certification by certification entities identified under clause (ii). (ix) Privatized military housing With respect to privatized military housing, the Secretary of Defense, after consultation with the Secretary may, through rulemaking, develop alternative certification systems and levels than the systems and levels identified under clause (ii) that achieve an equivalent result in terms of energy savings, sustainable design, and green building performance. (x) Water conservation technologies In addition to any use of water conservation technologies otherwise required by this section, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective. (xi) Effective date (I) Determinations made after December 31, 2015 The amendments made by section 432(b)(1)(C) of the Energy Savings and Industrial Competitiveness Act of 2014 shall apply to any determination made by a Federal agency after December 31, 2015. (II) Determinations made on or before December 31, 2015 This subparagraph (as in effect on the day before the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2014) shall apply to any use of a certification system for green commercial and residential buildings by a Federal agency on or before December 31, 2015. ; and (2) by striking subsections (c) and (d) and inserting the following: (c) Periodic review The Secretary shall— (1) once every 5 years, review the Federal building energy standards established under this section; and (2) on completion of a review under paragraph (1), if the Secretary determines that significant energy savings would result, upgrade the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified. . 433. Enhanced energy efficiency underwriting (a) Definitions In this section: (1) Covered agency The term covered agency (A) means— (i) an executive agency, as that term is defined in section 102 (ii) any other agency of the Federal Government; and (B) includes any enterprise, as that term is defined under section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 (2) Covered loan The term covered loan (3) Homeowner The term homeowner (4) Mortgagee The term mortgagee (A) an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated; (B) any affiliate, agent, subsidiary, successor, or assignee of an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated; (C) any servicer of a covered loan; and (D) any subsequent purchaser, trustee, or transferee of any covered loan issued by an original lender. (5) Secretary The term Secretary (6) Servicer The term servicer (7) Servicing The term servicing 12 U.S.C. 2605(i) (b) Findings and purposes (1) Findings Congress finds that— (A) energy costs for homeowners are a significant and increasing portion of their household budgets; (B) household energy use can vary substantially depending on the efficiency and characteristics of the house; (C) expected energy cost savings are important to the value of the house; (D) the current test for loan affordability used by most covered agencies, commonly known as the debt-to-income (E) another loan limitation, commonly known as the loan-to-value (2) Purposes The purposes of this section are to— (A) improve the accuracy of mortgage underwriting by Federal mortgage agencies by ensuring that energy cost savings are included in the underwriting process as described below, and thus to reduce the amount of energy consumed by homes and to facilitate the creation of energy efficiency retrofit and construction jobs; (B) require a covered agency to include the expected energy cost savings of a homeowner as a regular expense in the tests, such as the debt-to-income test, used to determine the ability of the loan applicant to afford the cost of homeownership for all loan programs; and (C) require a covered agency to include the value home buyers place on the energy efficiency of a house in tests used to compare the mortgage amount to home value, taking precautions to avoid double-counting and to support safe and sound lending. (c) Enhanced energy efficiency underwriting criteria (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall, in consultation with the advisory group established in subsection (f)(2), develop and issue guidelines for a covered agency to implement enhanced loan eligibility requirements, for use when testing the ability of a loan applicant to repay a covered loan, that account for the expected energy cost savings for a loan applicant at a subject property, in the manner set forth in paragraphs (2) and (3). (2) Requirements To account for energy cost savings The enhanced loan eligibility requirements under paragraph (1) shall require that, for all covered loans for which an energy efficiency report is voluntarily provided to the mortgagee by the mortgagor, the covered agency and the mortgagee shall take into consideration the estimated energy cost savings expected for the owner of the subject property in determining whether the loan applicant has sufficient income to service the mortgage debt plus other regular expenses. To the extent that a covered agency uses a test such as a debt-to-income test that includes certain regular expenses, such as hazard insurance and property taxes, the expected energy cost savings shall be included as an offset to these expenses. Energy costs to be assessed include the cost of electricity, natural gas, oil, and any other fuel regularly used to supply energy to the subject property. (3) Determination of estimated energy cost savings (A) In general The guidelines to be issued under paragraph (1) shall include instructions for the covered agency to calculate estimated energy cost savings using— (i) the energy efficiency report; (ii) an estimate of baseline average energy costs; and (iii) additional sources of information as determined by the Secretary. (B) Report requirements For the purposes of subparagraph (A), an energy efficiency report shall— (i) estimate the expected energy cost savings specific to the subject property, based on specific information about the property; (ii) be prepared in accordance with the guidelines to be issued under paragraph (1); and (iii) be prepared— (I) in accordance with the Residential Energy Service Network’s Home Energy Rating System (commonly known as HERS (II) by other methods approved by the Secretary, in consultation with the Secretary of Energy and the advisory group established in subsection (f)(2), for use under this section, which shall include a third-party quality assurance procedure. (C) Use by appraiser If an energy efficiency report is used under paragraph (2), the energy efficiency report shall be provided to the appraiser to estimate the energy efficiency of the subject property and for potential adjustments for energy efficiency. (4) Required disclosure to consumer for a home with an energy efficiency report If an energy efficiency report is used under paragraph (2), the guidelines to be issued under paragraph (1) shall require the mortgagee to— (A) inform the loan applicant of the expected energy costs as estimated in the energy efficiency report, in a manner and at a time as prescribed by the Secretary, and if practicable, in the documents delivered at the time of loan application; and (B) include the energy efficiency report in the documentation for the loan provided to the borrower. (5) Required disclosure to consumer for a home without an energy efficiency report If an energy efficiency report is not used under paragraph (2), the guidelines to be issued under paragraph (1) shall require the mortgagee to inform the loan applicant in a manner and at a time as prescribed by the Secretary, and if practicable, in the documents delivered at the time of loan application of— (A) typical energy cost savings that would be possible from a cost-effective energy upgrade of a home of the size and in the region of the subject property; (B) the impact the typical energy cost savings would have on monthly ownership costs of a typical home; (C) the impact on the size of a mortgage that could be obtained if the typical energy cost savings were reflected in an energy efficiency report; and (D) resources for improving the energy efficiency of a home. (6) Pricing of loans (A) In general A covered agency may price covered loans originated under the enhanced loan eligibility requirements required under this section in accordance with the estimated risk of the loans. (B) Imposition of certain material costs, impediments, or penalties In the absence of a publicly disclosed analysis that demonstrates significant additional default risk or prepayment risk associated with the loans, a covered agency shall not impose material costs, impediments, or penalties on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this section. (7) Limitations (A) In general A covered agency may price covered loans originated under the enhanced loan eligibility requirements required under this section in accordance with the estimated risk of those loans. (B) Prohibited actions A covered agency shall not— (i) modify existing underwriting criteria or adopt new underwriting criteria that intentionally negate or reduce the impact of the requirements or resulting benefits that are set forth or otherwise derived from the enhanced loan eligibility requirements required under this subsection; or (ii) impose greater buy back requirements, credit overlays, or insurance requirements, including private mortgage insurance, on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this subsection. (8) Applicability and implementation date Not later than 3 years after the date of enactment of this Act, and before December 31, 2016, the enhanced loan eligibility requirements required under this subsection shall be implemented by each covered agency to— (A) apply to any covered loan for the sale, or refinancing of any loan for the sale, of any home; (B) be available on any residential real property (including individual units of condominiums and cooperatives) that qualifies for a covered loan; and (C) provide prospective mortgagees with sufficient guidance and applicable tools to implement the required underwriting methods. (d) Enhanced energy efficiency underwriting valuation guidelines (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall— (A) in consultation with the Federal Financial Institutions Examination Council and the advisory group established in subsection (f)(2), develop and issue guidelines for a covered agency to determine the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report that meets the requirements of subsection (c)(3)(B); and (B) in consultation with the Secretary of Energy, issue guidelines for a covered agency to determine the estimated energy savings under paragraph (3) for properties with an energy efficiency report. (2) Requirements The enhanced energy efficiency underwriting valuation guidelines required under paragraph (1) shall include— (A) a requirement that if an energy efficiency report that meets the requirements of subsection (c)(3)(B) is voluntarily provided to the mortgagee, such report shall be used by the mortgagee or covered agency to determine the estimated energy savings of the subject property; and (B) a requirement that the estimated energy savings of the subject property be added to the appraised value of the subject property by a mortgagee or covered agency for the purpose of determining the loan-to-value ratio of the subject property, unless the appraisal includes the value of the overall energy efficiency of the subject property, using methods to be established under the guidelines issued under paragraph (1). (3) Determination of estimated energy savings (A) Amount of energy savings The amount of estimated energy savings shall be determined by calculating the difference between the estimated energy costs for the average comparable houses, as determined in guidelines to be issued under paragraph (1), and the estimated energy costs for the subject property based upon the energy efficiency report. (B) Duration of energy savings The duration of the estimated energy savings shall be based upon the estimated life of the applicable equipment, consistent with the rating system used to produce the energy efficiency report. (C) Present value of energy savings The present value of the future savings shall be discounted using the average interest rate on conventional 30-year mortgages, in the manner directed by guidelines issued under paragraph (1). (4) Ensuring consideration of energy efficient features Section 1110 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3339) is amended— (A) in paragraph (2), by striking ; and (B) in paragraph (3), by striking the period at the end and inserting ; and (4) that State certified and licensed appraisers have timely access, whenever practicable, to information from the property owner and the lender that may be relevant in developing an opinion of value regarding the energy- and water-saving improvements or features of a property, such as— (A) labels or ratings of buildings; (B) installed appliances, measures, systems or technologies; (C) blueprints; (D) construction costs; (E) financial or other incentives regarding energy- and water-efficient components and systems installed in a property; (F) utility bills; (G) energy consumption and benchmarking data; and (H) third-party verifications or representations of energy and water efficiency performance of a property, observing all financial privacy requirements adhered to by certified and licensed appraisers, including section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 Unless a property owner consents to a lender, an appraiser, in carrying out the requirements of paragraph (4), shall not have access to the commercial or financial information of the owner that is privileged or confidential. . (5) Transactions requiring state certified appraisers Section 1113 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3342) is amended— (A) in paragraph (1), by inserting before the semicolon the following: , or any real property on which the appraiser makes adjustments using an energy efficiency report (B) in paragraph (2), by inserting after atypical , or an appraisal on which the appraiser makes adjustments using an energy efficiency report. (6) Protections (A) Authority To impose limitations The guidelines to be issued under paragraph (1) shall include such limitations and conditions as determined by the Secretary to be necessary to protect against meaningful under or over valuation of energy cost savings or duplicative counting of energy efficiency features or energy cost savings in the valuation of any subject property that is used to determine a loan amount. (B) Additional authority At the end of the 7-year period following the implementation of enhanced eligibility and underwriting valuation requirements under this section, the Secretary may modify or apply additional exceptions to the approach described in paragraph (2), where the Secretary finds that the unadjusted appraisal will reflect an accurate market value of the efficiency of the subject property or that a modified approach will better reflect an accurate market value. (7) Applicability and implementation date Not later than 3 years after the date of enactment of this Act, and before December 31, 2016, each covered agency shall implement the guidelines required under this subsection, which shall— (A) apply to any covered loan for the sale, or refinancing of any loan for the sale, of any home; and (B) be available on any residential real property, including individual units of condominiums and cooperatives, that qualifies for a covered loan. (e) Monitoring Not later than 1 year after the date on which the enhanced eligibility and underwriting valuation requirements are implemented under this section, and every year thereafter, each covered agency with relevant activity shall issue and make available to the public a report that— (1) enumerates the number of covered loans of the agency for which there was an energy efficiency report, and that used energy efficiency appraisal guidelines and enhanced loan eligibility requirements; (2) includes the default rates and rates of foreclosures for each category of loans; and (3) describes the risk premium, if any, that the agency has priced into covered loans for which there was an energy efficiency report. (f) Rulemaking (1) In general The Secretary shall prescribe regulations to carry out this section, in consultation with the Secretary of Energy and the advisory group established in paragraph (2), which may contain such classifications, differentiations, or other provisions, and may provide for such proper implementation and appropriate treatment of different types of transactions, as the Secretary determines are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. (2) Advisory group To assist in carrying out this section, the Secretary shall establish an advisory group, consisting of individuals representing the interests of— (A) mortgage lenders; (B) appraisers; (C) energy raters and residential energy consumption experts; (D) energy efficiency organizations; (E) real estate agents; (F) home builders and remodelers; (G) State energy officials; and (H) others as determined by the Secretary. (g) Additional study (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall reconvene the advisory group established in subsection (f)(2), in addition to water and locational efficiency experts, to advise the Secretary on the implementation of the enhanced energy efficiency underwriting criteria established in subsections (c) and (d). (2) Recommendations The advisory group established in subsection (f)(2) shall provide recommendations to the Secretary on any revisions or additions to the enhanced energy efficiency underwriting criteria deemed necessary by the group, which may include alternate methods to better account for home energy costs and additional factors to account for substantial and regular costs of homeownership such as location-based transportation costs and water costs. The Secretary shall forward any legislative recommendations from the advisory group to Congress for its consideration. E Third-Party testing 441. Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products Section 326(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6296(b) (6) Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products (A) Definition of basic model group In this paragraph, the term basic model group (i) that share characteristics that allow the performance of 1 model to be generally representative of the performance of other models within the group; and (ii) in which the group of products does not necessarily have to share discrete performance. (B) Reliance on voluntary certification programs For the purpose of testing to verify the performance rating of, or receiving test reports from manufacturers certifying compliance with energy conservation standards and Energy Star specifications established under sections 324A, 325, and 342, the covered products described in paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and (K) of section 340(1), the Secretary and Administrator shall rely on voluntary certification programs that— (i) are nationally recognized; (ii) maintain a publicly available list of all certified products and equipment; (iii) as determined by the Secretary, annually test not less than 10 percent and not more than 30 percent of the basic model group of a program participant; (iv) require the changing of the performance rating or removal of the product or equipment from the program, if verification testing determines that the performance rating does not meet the levels the manufacturer has certified to the Secretary; (v) require the qualification of new participants in the program through testing and production of test reports; (vi) allow for challenge testing of products and equipment within the scope of the program; (vii) require program participants to certify the performance rating of all covered products and equipment within the scope of the program; (viii) are conducted by a certification body that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17065; (ix) provide to the Secretary— (I) an annual report of all test results; (II) prompt notification when program testing results in— (aa) the rerating of the performance rating of a product or equipment; or (bb) the delisting of a product or equipment; and (III) test reports, on the request of the Secretary or the Administrator, for Energy Star compliant products, which shall be treated as confidential business information as provided for under section 552(b)(4) (x) use verification testing that— (I) is conducted by an independent test laboratory that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17025 with a scope covering the tested products or equipment; (II) follows the test procedures established under this title; and (III) notes in each test report any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing; and (xi) satisfy such other requirements as the Secretary has determined— (I) are essential to ensure standards compliance; or (II) have consensus support achieved through a negotiated rulemaking process. (C) Administration (i) In general The Secretary shall not require— (I) manufacturers to participate in a voluntary certification program described in subparagraph (B); or (II) participating manufacturers to provide information that can be obtained through a voluntary certification program described in subparagraph (B). (ii) List of covered products The Secretary or the Administrator may maintain a publicly available list of covered products and equipment certified under a program described in subparagraph (B) that distinguishes between— (I) covered products and equipment verified by the program; and (II) products not verified by the program. (iii) Reduction of requirements Any rules promulgated by the Secretary that require testing of products or equipment for certification of performance ratings shall on average reduce requirements and burdens for manufacturers participating in a voluntary certification program described in subparagraph (B) for the products or equipment relative to other manufacturers. (iv) Periodic testing by program nonparticipants In addition to certification requirements, the Secretary shall require a manufacturer that does not participate in a voluntary certification program described in subparagraph (B)— (I) to verify the accuracy of the performance rating of the product or equipment through periodic testing using the testing methods described in clause (iii) or (x) of subparagraph (B); and (II) to provide to the Secretary test results and, on request, test reports verifying the certified performance for each basic model group of the manufacturer. (v) Restrictions on test laboratories (I) In general Subject to subclause (II), with respect to covered products and equipment, a voluntary certification program described in subparagraph (B) shall not be a test laboratory that conducts the testing on products or equipment within the scope of the program. (II) Limitation Subclause (I) shall not apply to Energy Star specifications established under section 324A. (vi) Effect on other authority Nothing in this paragraph limits the authority of the Secretary or the Administrator to test products or equipment or to enforce compliance with any law (including regulations). . V Miscellaneous 501. Offset Section 422(f) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17082(f) (1) in paragraph (3), by striking and (2) by striking paragraph (4) and inserting the following: (4) $200,000,000 for each of fiscal year 2013; (5) $197,500,000 for each of fiscal year 2014; (6) $147,500,000 for fiscal year 2015; and (7) $97,500,000 for each of fiscal years 2016 through 2018. . 502. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation 503. Advance appropriations required The authorization of amounts under this Act and the amendments made by this Act shall be effective for any fiscal year only to the extent and in the amount provided in advance in appropriations Acts.

Energy Savings and Industrial Competitiveness Act of 2014

Military Commissary Sustainment Act - Prohibits reducing the monthly amount of funds made available by the Department of Defense (DOD) for the defense commissary system during FY2015 below the average monthly amount made available during FY2014 until the date of the report of the Military Compensation and Retirement Modernization Commission.

113 S2075 IS: Military Commissary Sustainment Act U.S. Senate 2014-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2075 IN THE SENATE OF THE UNITED STATES March 4, 2014 Mr. Warner Mr. Chambliss Committee on Armed Services A BILL To prohibit a reduction in funding for the defense commissary system in fiscal year 2015 pending the report of the Military Compensation and Retirement Modernization Commission. 1. Short title This Act may be cited as the Military Commissary Sustainment Act 2. Prohibition on reduction in funding for the defense commissary system in fiscal year 2015 pending the report of the Military Compensation and Retirement Modernization Commission Notwithstanding any other provision of law, the monthly amount of funds made available by the Department of Defense for the defense commissary system during fiscal year 2015 may not be reduced below the average monthly amount of funds made available for that system during fiscal year 2014 until the date of the report of the Military Compensation and Retirement Modernization Commission under section 674(f) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239

Military Commissary Sustainment Act

U.S. Merchant Marine Academy Board of Visitors Enhancement Act - Amends federal shipping law to: (1) expand the membership of the Board of Visitors to the U. S. Merchant Marine Academy, and (2) specify requirements for the presidential appointees. Authorizes certain Board members to designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in any activity the Board member is unable to attend or participate in. Prescribes requirements for designated substitute Board members. Requires the Board to select biennially from among its members a member of the House of Representatives or a Senator to serve as Board Chairperson. Directs the Secretary of Transportation (DOT) to select a Designated Federal Officer to support the performance of the Board's functions. Directs the Board to report annually to the President on its actions, views, and recommendations with respect to the Academy.

113 S2076 ES: U.S. Merchant Marine Academy Board of Visitors Enhancement Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 2076 IN THE SENATE OF THE UNITED STATES AN ACT To amend the provisions of title 46, United States Code, related to the Board of Visitors to the United States Merchant Marine Academy, and for other purposes. 1. Short title This Act may be cited as the U.S. Merchant Marine Academy Board of Visitors Enhancement Act 2. United States Merchant Marine Academy Board of Visitors Section 51312 51312. Board of Visitors (a) In general A Board of Visitors to the United States Merchant Marine Academy (referred to in this section as the Board Academy (b) Appointment and membership (1) In general Not later than 60 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act (A) 2 Senators appointed by the chairman, in consultation with the ranking member, of the Committee on Commerce, Science, and Transportation of the Senate (B) 3 members of the House of Representatives appointed by the chairman, in consultation with the ranking member, of the Committee on Armed Services of the House of Representatives (C) 1 Senator appointed by the Vice President, who shall be a member of the Committee on Appropriations of the Senate (D) 2 members of the House of Representatives appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader, at least 1 of whom shall be a member of the Committee on Appropriations of the House of Representatives (E) the Commander of the Military Sealift Command; (F) the Assistant Commandant for Prevention Policy of the United States Coast Guard; (G) 4 individuals appointed by the President; and (H) as ex officio members— (i) the chairman of the Committee on Commerce, Science, and Transportation of the Senate (ii) the chairman of the Committee on Armed Services of the House of Representatives (iii) the chairman of the Advisory Board to the Academy established under section 51313; and (iv) the member of the House of Representatives in whose congressional district the Academy is located, as a non-voting member, unless such member of the House of Representatives is appointed as a voting member of the Board under subparagraph (B) or (D). (2) Presidential appointees Of the individuals appointed by the President under paragraph (1)(H)— (A) at least 2 shall be graduates of the Academy; (B) at least 1 shall be a senior corporate officer from a United States maritime shipping company that participates in the Maritime Security Program, or in any Maritime Administration program providing incentives for companies to register their vessels in the United States, and this appointment shall rotate biennially among such companies; and (C) 1 or more may be a Senate-confirmed Presidential appointee, a member of the Senior Executive Service, or an officer of flag-rank who from the United States Coast Guard, the National Oceanic and Atmospheric Administration, or any of the military services that commission graduates of the Academy, exclusive of the Board members described in subparagraph (E), (F), or (G) of paragraph (1). (3) Term of service Each member of the Board shall serve for a term of 2 years commencing at the beginning of each Congress, except that any member whose term on the Board has expired shall continue to serve until a successor is designated. (4) Vacancies If a member of the Board is no longer able to serve on the Board or resigns, the Designated Federal Officer selected under subsection (g)(2) shall immediately notify the official who appointed such member. Not later than 60 days after that notification, such official shall designate a replacement to serve the remainder of such member's term. (5) Current members Each member of the Board serving as a member of the Board on the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act (6) Designation and responsibility of substitute Board members (A) Authority to designate A member of the Board described in subparagraph (E), (F), or (G) of paragraph (1) or subparagraph (B) or (C) of paragraph (2) may, if unable to attend or participate in an activity described in subsection (d), (e), or (f), designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in such activity. (B) Requirements A substitute member of the Board designated under subparagraph (A) shall be— (i) an individual who has been appointed by the President and confirmed by the Senate; (ii) a member of the Senior Executive Service; or (iii) an officer of flag-rank who is employed by— (I) the United States Coast Guard; or (II) the Military Sealift Command. (C) Participation A substitute member of the Board designated under subparagraph (A)— (i) shall be permitted to fully participate in the proceedings and activities of the Board; (ii) shall report back to the member on the Board’s activities not later than 15 days following the substitute member’s participation in such activities; and (iii) shall be permitted to participate in the preparation of reports described in paragraph (j) related to any proceedings or activities of the Board in which such substitute member participates. (c) Chairperson (1) In general On a biennial basis, the Board shall select from among its members, a member of the House of Representatives or a Senator to serve as the Chairperson. (2) Rotation A member of the House of Representatives and a member of the Senate shall alternately serve as the Chair of the Board on a biennial basis. (3) Term An individual may not serve as Chairperson for more than 1 consecutive term. (d) Meetings (1) In general The Board shall meet several times each year as provided for in the Charter described in paragraph (2)(B), including at least 1 meeting held at the Academy. (2) Selection and consideration Not later than 60 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act (A) selecting a Chairperson; and (B) considering an official Charter for the Board, which shall provide for the meeting of the Board several times each year. (e) Visiting the Academy (1) Annual visit The Board shall visit the Academy annually on a date selected by the Board, in consultation with the Secretary of Transportation and the Superintendent of the Academy. (2) Other visits In cooperation with the Superintendent, the Board or its members may make other visits to the Academy in connection with the duties of the Board. (3) Access While visiting the Academy under this subsection, members of the Board shall have reasonable access to the grounds, facilities, midshipmen, faculty, staff, and other personnel of the Academy for the purpose of carrying out the duties of the Board. (f) Responsibility The Board shall inquire into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider. (g) Department of Transportation support The Secretary of Transportation shall— (1) provide support as deemed necessary by the Board for the performance of the Board’s functions; (2) not later than 30 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act (3) in cooperation with the Maritime Administrator and the Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the disclosure of information. (h) Staff Staff members may be designated to serve without reimbursement as staff for the Board by— (1) the Chairperson of the Board; (2) the chairman of the Committee on Commerce, Science, and Transportation of the Senate (3) the chairman of the Committee on Armed Services of the House of Representatives (i) Travel expenses While serving away from home or regular place of business, a member of the Board or a staff member designated under subsection (h) shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code. (j) Reports (1) Annual report Not later than 60 days after each annual visit required under subsection (e)(1), the Board shall submit to the President a written report of its actions, views, and recommendations pertaining to the Academy. (2) Other reports If the members of the Board visit the Academy under subsection (e)(2), the Board may— (A) prepare a report on such visit; and (B) if approved by a majority of the members of the Board, submit such report to the President not later than 60 days after the date of the approval. (3) Advisors The Board may call in advisers— (A) for consultation regarding the execution of the Board’s responsibility under subsection (f); or (B) to assist in the preparation of a report described in paragraph (1) or (2). (4) Submission A report submitted to the President under paragraph (1) or (2) shall be concurrently submitted to— (A) the Secretary of Transportation; (B) the Committee on Commerce, Science, and Transportation of the Senate (C) the Committee on Armed Services of the House of Representatives . Passed the Senate June 26, 2014. Secretary

U.S. Merchant Marine Academy Board of Visitors Enhancement Act

Emergency Unemployment Compensation Extension Act of 2014 - Amends the Supplemental Appropriations Act, 2008, (SSA, 2008) to extend emergency unemployment compensation (EUC) payments for eligible individuals to weeks of employment ending on or before July 1, 2014. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until June 30, 2014, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and December 31, 2014, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the FSEUCA of 1970 to postpone similarly from December 31, 2013, to June 30, 2014, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula. Amends the SSA, 2008 to appropriate funds out of the employment security administration account through the first half of FY2015 to assist states in providing reemployment and eligibility assessment activities. Amends the Railroad Unemployment Insurance Act to extend through June 30, 2014, the temporary increase in extended unemployment benefits. Makes a change in application of a certain requirement (nonreduction rule) to a state that has entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria. (Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.) Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows a state whose agreement was terminated, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.) Requires in order to offset costs of the EUC extension: the Office of Management and Budget (OMB) to remove the amount of the farm bill savings from the PAYGO scorecards maintained pursuant to the Statutory Pay-As-You-Go Act of 2010, and the Senate Committee on the Budget to remove that amount also from the PAYGO scorecards maintained for purposes of S.Con.Res. 21 (110th Congress). Declares that the amount thus removed from any PAYGO scorecard shall not be available to offset the cost of other legislation under such Act or Resolution.

113 S2077 PCS: Emergency Unemployment Compensation Extension Act of 2014 U.S. Senate 2014-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 315 113th CONGRESS 2d Session S. 2077 IN THE SENATE OF THE UNITED STATES March 4, 2014 Mr. Reed March 5, 2014 Read the second time and placed on the calendar A BILL To provide for the extension of certain unemployment benefits, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Emergency Unemployment Compensation Extension Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of emergency unemployment compensation program. Sec. 3. Temporary extension of extended benefit provisions. Sec. 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities. Sec. 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 6. Flexibility for unemployment program agreements. Sec. 7. Offset from farm bill savings. 2. Extension of emergency unemployment compensation program (a) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 January 1, 2014 July 1, 2014 (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 (1) in subparagraph (I), by striking and (2) in subparagraph (J), by inserting and (3) by inserting after subparagraph (J) the following: (K) the amendment made by section 2(a) of the Emergency Unemployment Compensation Extension Act of 2014 . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 3. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 26 U.S.C. 3304 (1) by striking December 31, 2013 June 30, 2014 (2) in subsection (c), by striking June 30, 2014 December 31, 2014 (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 June 30, 2014 December 31, 2014 (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended— (1) in subsection (d), by striking December 31, 2013 June 30, 2014 (2) in subsection (f)(2), by striking December 31, 2013 June 30, 2014 (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities (a) In general Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 through fiscal year 2014 through the first half of fiscal year 2015 (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act (a) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) (1) by striking June 30, 2013 December 31, 2013 (2) by striking December 31, 2013 June 30, 2014 (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for administration Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $125,000 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. 6. Flexibility for unemployment program agreements (a) Flexibility (1) In general Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 (2) Effective date Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a subsequent agreement Nothing in title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 7. Offset from farm bill savings (a) Definition In this section, the term farm bill savings (b) Offsetting of costs Notwithstanding any other provision of law— (1) the Office of Management and Budget shall remove from the PAYGO scorecards maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) (2) the Committee on the Budget of the Senate shall remove from the PAYGO scorecards maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress) the amount of the farm bill savings; and (3) the amount removed from any PAYGO scorecard under paragraph (1) or (2) shall not be available to offset the cost of other legislation under the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 931 et seq. (c) Treatment for PAYGO purposes (1) PAYGO scorecard The budgetary effects of this Act and the amendments made by this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) (2) Senate paygo scorecard The budgetary effects of this Act and the amendments made by this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). March 5, 2014 Read the second time and placed on the calendar

Emergency Unemployment Compensation Extension Act of 2014

Stop Motorcycle Checkpoint Funding Act - Prohibits the Secretary of Transportation (DOT) from providing a grant or any funds to a state, county, town, township, Indian tribe, municipality, or other local government for any program to: (1) check motorcycle helmet use, or (2) create motorcycle checkpoints that specifically target motorcycle operators or motorcycle passengers.

113 S2078 IS: Stop Motorcycle Checkpoint Funding Act U.S. Senate 2014-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2078 IN THE SENATE OF THE UNITED STATES March 5, 2014 Mrs. Shaheen Ms. Ayotte Mr. Johnson of Wisconsin Mr. Manchin Committee on Commerce, Science, and Transportation A BILL To prohibit Federal funding for motorcycle checkpoints, and for other purposes. 1. Short title This Act may be cited as the Stop Motorcycle Checkpoint Funding Act 2. Grant restriction Notwithstanding section 153 (1) to check helmet usage; or (2) to create checkpoints that specifically target motorcycle operators or motorcycle passengers.

Stop Motorcycle Checkpoint Funding Act

Alternative Qualifications for Federal Employment Act of 2014 - Requires the Director of the Office of Personnel Management (OPM) to establish a pilot program to appoint individuals with alternative educational experience to positions in the civil service.  Defines an "individual with alternative educational experience" as an individual who does not have a degree from an institution of higher education and has received training or education in one or more subject areas or occupational fields from an educational provider who does not meet specified requirements under the Higher Education Act of 1965. Requires the Director to select not less than 25 positions (from not less than 10 diverse occupational fields) during each of FY2015-FY2019 for which an individual with alternative educational experience may apply.

113 S2079 IS: Alternative Qualifications for Federal Employment Act of 2014 U.S. Senate 2014-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2079 IN THE SENATE OF THE UNITED STATES March 5, 2014 Mr. Rubio Committee on Homeland Security and Governmental Affairs A BILL To establish a pilot program to hire individuals with alternative educational experience. 1. Short title This Act may be cited as the Alternative Qualifications for Federal Employment Act of 2014 2. Definitions In this Act— (1) the term agency Executive agency section 105 (2) the term Director (3) the term individual with alternative educational experience (A) does not have a degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) (B) has received training or education in 1 or more subject areas or occupational fields from an educational provider that does not meet the requirements of such section 101(a). 3. Establishment of pilot program; pilot program specifications (a) Establishment of pilot program Not later than 6 months after the date of enactment of this Act, the Director shall establish a pilot program to appoint to positions in the civil service individuals with alternative educational experience, in accordance with subsection (b). (b) Pilot program specifications (1) In general In carrying out the pilot program established under subsection (a), the Director shall select positions in the civil service for which the employing agency— (A) is accepting applications for employment as of the date of establishment of the pilot program, or is likely to accept applications for employment within 1 year of such date; (B) may not require an individual to have a degree from an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) (C) shall consider an application for employment, if any, from an individual with alternative educational experience. (2) Scope and number of positions selected (A) Positions selected The Director shall select not less than 25 positions under paragraph (1) during each of fiscal years 2015 through 2019. (B) Occupational fields covered The positions selected under subparagraph (A) shall be from across not less than 10 diverse occupational fields. 4. Report to Congress Not later than December 31, 2020, the Director shall submit to Congress a report on the pilot program established under section 3(a), which shall include— (1) the number and description of the positions selected under section 3(b), including the geographic locations and occupational fields of such positions; (2) the number of individuals with alternative educational experience whose applications were considered for a position selected under section 3(b); (3) the number of individuals with alternative educational experience who were appointed to a position selected under section 3(b); and (4) the number of individuals described in paragraph (2) who, as of the end of fiscal year 2019, with respect to the position to which the individual was appointed under the pilot program— (A) continued to occupy the position; (B) were promoted; or (C) were terminated.

Alternative Qualifications for Federal Employment Act of 2014

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) National Fish Habitat Conservation Act - (Sec. 4) Establishes the National Fish Habitat Board to: (1) promote, oversee, and coordinate the implementation of this Act and the National Fish Habitat Action Plan; (2) establish national goals and priorities for fish habitat conservation; (3) approve Fish Habitat Conservation Partnerships; and (4) review and make recommendations regarding fish habitat conservation projects. (Sec. 5) Permits the Board to designate such Partnerships in order to: (1) coordinate the implementation of the National Fish Habitat Action Plan at a regional level, (2) identify strategic priorities for fish habitat conservation, (3) recommend to the Board fish habitat conservation projects that address a strategic priority of the Board, and (4) develop and carry out fish habitat conservation projects. Establishes Partnership approval criteria, including that a Partnership identify representatives to support the Partnership, identify priorities for a Partnership area, is able to address issues and priorities on a nationally significant scale, and develop or complete a strategic plan to address the decline in fish populations. (Sec. 6) Requires each Partnership to annually submit to the Board a list of fish habitat conservation projects recommended by the Partnership for annual funding under this Act. Requires property acquired for a project to be open to the public for compatible fish and wildlife-dependent recreation and be closed only to protect public safety, the property, or the habitat. (Sec. 7) Requires the Director of the U.S. Fish and Wildlife Service (USFWS) to establish the National Fish Habitat Conservation Partnership Program. Establishes the duties of the Program, including to: (1) provide funding for the operational needs of the Partnerships, (2) facilitate the cooperative development and approval of Partnerships, (3) facilitate the consideration of fish habitat conservation projects by the Board, (4) coordinate technical and scientific reporting, and (5) provide support to the Board for national communication and outreach efforts that promote public awareness of fish habitat conservation. Requires the Director of USFWS to develop an interagency operational plan for the National Fish Habitat Conservation Partnership Program that describes the needs of the Program and any interagency agreements to address those needs. (Sec. 8) Requires the Director of USFWS, the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration, and the Director of the United States Geological Survey to provide scientific and technical assistance to the Partnerships, participants in fish habitat conservation projects, and the Board. (Sec. 9) Authorizes the head of each federal agency, to the extent consistent with its mission and authority, to coordinate with the Assistant Administrator f and the Director to promote healthy fish populations and fish habitats on federal lands. (Sec. 10) Requires the Secretary to notify and cooperate with the appropriate state agency or tribal agency within the boundaries of planned activities. (Sec. 11) Sets forth reporting requirements for the Board. (Sec. 12) Sets forth provisions stating the effect of this Act on water rights, states, and Indian tribes. Prohibits using funds made available to carry out this Act for fish and wildlife mitigation purposes under the Federal Water Pollution Control Act (commonly known as the Clean Water Act), the Fish and Wildlife Coordination Act, the Water Resources Development Act of 1986 (WRDA), or any federal law or court settlement. (Sec. 14) Sets forth provisions permitting agreements and grants and the acceptance of donations to carry out this Act.

113 S2080 IS: National Fish Habitat Conservation Act U.S. Senate 2014-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2080 IN THE SENATE OF THE UNITED STATES March 5, 2014 Mr. Cardin Mr. Crapo Committee on Environment and Public Works A BILL To conserve fish and aquatic communities in the United States through partnerships that foster fish habitat conservation, improve the quality of life for the people of the United States, enhance fish and wildlife-dependent recreation, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the National Fish Habitat Conservation 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; purpose. Sec. 3. Definitions. Sec. 4. National Fish Habitat Board. Sec. 5. Fish habitat partnerships. Sec. 6. Fish habitat conservation projects. Sec. 7. National Fish Habitat Conservation Partnership Program. Sec. 8. Technical and scientific assistance. Sec. 9. Conservation of fish habitat on Federal land. Sec. 10. Coordination with States and Indian tribes. Sec. 11. Accountability and reporting. Sec. 12. Effect of Act. Sec. 13. Nonapplicability of Federal Advisory Committee Act. Sec. 14. Funding. 2. Findings; purpose (a) Findings Congress finds that— (1) healthy populations of fish depend on the conservation, protection, restoration, and enhancement of fish habitats in the United States; (2) fish habitats (including wetlands, streams, rivers, lakes, estuaries, and coastal and marine habitats) perform numerous valuable environmental functions that sustain environmental, social, and cultural values, including recycling nutrients, purifying water, attenuating floods, augmenting and maintaining stream flows, recharging ground water, acting as primary producers in the food chain, and providing essential and significant habitat for plants, fish, wildlife, and other dependent species; (3) the extensive and diverse fish habitat resources of the United States are of enormous significance to the economy of the United States, providing— (A) recreation for 60,000,000 anglers; (B) more than 828,000 jobs and approximately $115,000,000,000 in economic impact each year relating to recreational fishing; and (C) approximately 575,000 jobs and an additional $36,000,000,000 in economic impact each year relating to commercial fishing; (4) at least 40 percent of all threatened species and endangered species in the United States are directly dependent on fish habitats; (5) certain fish species are considered to be ecological indicators of fish habitat quality, such that the presence of those species reflects high-quality habitat for fish species; (6) loss and degradation of fish habitat, riparian habitat, water quality, and water volume caused by activities such as alteration of watercourses, stream blockages, water withdrawals and diversions, erosion, pollution, sedimentation, and destruction or modification of wetlands have— (A) caused significant declines in fish populations throughout the United States, especially declines in native fish populations; and (B) resulted in economic losses to the United States; (7) (A) providing for the conservation and sustainability of fish populations has not been fully realized, despite federally funded fish and wildlife restoration programs and other activities intended to conserve fish habitat; and (B) conservation and sustainability may be significantly advanced through a renewed commitment and sustained, cooperative efforts that are complementary to existing fish and wildlife restoration programs and clean water programs; (8) the National Fish Habitat Action Plan provides a framework for maintaining and restoring fish habitats to perpetuate populations of fish species; (9) the United States can achieve significant progress toward providing fish habitats for the conservation and restoration of fish species through a voluntary, nonregulatory incentive program that is based on technical and financial assistance provided by the Federal Government; (10) the creation of partnerships between local citizens, Indian tribes, Alaska Native organizations, corporations, nongovernmental organizations, and Federal, State, and tribal agencies is critical to the success of activities to restore fish habitats; (11) the Federal Government has numerous land and water management agencies that are critical to the implementation of the National Fish Habitat Action Plan, including— (A) the United States Fish and Wildlife Service; (B) the Bureau of Land Management; (C) the National Park Service; (D) the Bureau of Reclamation; (E) the Bureau of Indian Affairs; (F) the National Marine Fisheries Service; (G) the Forest Service; (H) the Natural Resources Conservation Service; and (I) the Environmental Protection Agency; (12) the United States Fish and Wildlife Service, the Forest Service, the Bureau of Land Management, and the National Marine Fisheries Service each play a vital role in— (A) the protection, restoration, and enhancement of the fish communities and fish habitats in the United States; and (B) the development, operation, and long-term success of fish habitat partnerships and project implementation; (13) the United States Geological Survey, the United States Fish and Wildlife Service, and the National Marine Fisheries Service each play a vital role in scientific evaluation, data collection, and mapping for fishery resources in the United States; (14) the State and Territorial fish and wildlife agencies play a vital role in— (A) the protection, restoration, and enhancement of the fish communities and fish habitats in their respective States and territories; and (B) the development, operation, and long-term success of fish habitat partnerships and project implementation; and (15) many of the programs for conservation on private farmland, ranchland, and forestland that are carried out by the Secretary of Agriculture, including the Natural Resources Conservation Service and the State and Private Forestry programs of the Forest Service, are able to significantly contribute to the implementation of the National Fish Habitat Action Plan through the engagement of private landowners. (b) Purpose The purpose of this Act is to encourage partnerships among public agencies and other interested parties consistent with the mission and goals of the National Fish Habitat Action Plan— (1) to promote intact and healthy fish habitats; (2) to improve the quality and quantity of fish habitats and overall health of fish species; (3) to increase the quality and quantity of fish habitats that support a broad natural diversity of fish and other aquatic species; (4) to improve fish habitats in a manner that leads to improvement of the annual economic output from recreational, subsistence, and commercial fishing; (5) to enhance fish and wildlife-dependent recreation; (6) to coordinate and facilitate activities carried out by Federal departments and agencies under the leadership of— (A) the Director of the United States Fish and Wildlife Service; (B) the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration; and (C) the Director of the United States Geological Survey; and (7) to achieve other purposes in accordance with the mission and goals of the National Fish Habitat Action Plan. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Assistant Administrator The term Assistant Administrator (3) Board The term Board (4) Conservation; conserve; manage; management The terms conservation conserve manage management (A) a healthy population of fish; (B) a habitat required to sustain fish and fish populations; or (C) a habitat required to sustain fish productivity. (5) Director The term Director (6) Fish (A) In general The term fish (B) Inclusions The term fish (7) Fish and wildlife-dependent recreation The term fish and wildlife-dependent recreation (8) Fish habitat (A) In general The term fish habitat (B) Inclusions The term fish habitat (i) an area immediately adjacent to an aquatic environment, if the immediately adjacent area— (I) contributes to the quality and quantity of water sources; or (II) provides public access for the use of fishery resources; and (ii) an area inhabited by saltwater and brackish fish, including an offshore artificial marine reef in the Gulf of Mexico. (9) Fish habitat conservation project (A) In general The term fish habitat conservation project (i) is submitted to the Board by a Partnership and approved by the Secretary under section 6; and (ii) provides for the conservation or management of a fish habitat. (B) Inclusions The term fish habitat conservation project (i) the provision of technical assistance to a State, Indian tribe, or local community by the National Fish Habitat Conservation Partnership Program or any other agency to facilitate the development of strategies and priorities for the conservation of fish habitats; or (ii) the voluntary obtaining of a real property interest in land or water, by a State, local government, or other non-Federal entity, including water rights, in accordance with terms and conditions that ensure that the real property will be administered for the long-term conservation of— (I) the land or water; and (II) the fish dependent on the land or water. (10) Indian tribe The term Indian tribe 25 U.S.C. 450b (11) National Fish Habitat Action Plan The term National Fish Habitat Action Plan (12) Partnership The term Partnership (13) Real property interest The term real property interest (A) land; (B) water (including water rights); or (C) a building or object that is permanently affixed to land. (14) Secretary The term Secretary (15) State The term State (A) each of the several States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) the Virgin Islands; and (F) any other territory or possession of the United States. (16) State agency The term State agency (A) the fish and wildlife agency of a State; (B) any department or division of a department or agency of a State that manages in the public trust the inland or marine fishery resources or sustains the habitat for those fishery resources of the State pursuant to State law or the constitution of the State; or (C) the fish and wildlife agency of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or any other territory or possession of the United States. 4. National Fish Habitat Board (a) Establishment (1) Fish Habitat Board There is established a board, to be known as the National Fish Habitat Board (A) to promote, oversee, and coordinate the implementation of this Act and the National Fish Habitat Action Plan; (B) to establish national goals and priorities for fish habitat conservation; (C) to approve Partnerships; and (D) to review and make recommendations regarding fish habitat conservation projects. (2) Membership The Board shall be composed of 28 members, of whom— (A) 1 shall be the Director; (B) 1 shall be the Assistant Administrator; (C) 1 shall be the Chief of the Natural Resources Conservation Service; (D) 1 shall be the Chief of the Forest Service; (E) 1 shall be the Assistant Administrator for Water of the Environmental Protection Agency; (F) 1 shall be the President of the Association of Fish and Wildlife Agencies; (G) 1 shall be the Secretary of the Board of Directors of the National Fish and Wildlife Foundation appointed pursuant to section 3(g)(2)(B) of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3702(g)(2)(B) (H) 4 shall be representatives of State agencies, 1 of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, Southeast, Midwest, and Western regions of the United States; (I) 1 shall be a representative of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or any other territory or possession of the United States; (J) 1 shall be a representative of the American Fisheries Society; (K) 2 shall be representatives of Indian tribes, of whom— (i) 1 shall represent Indian tribes from the State of Alaska; and (ii) 1 shall represent Indian tribes from the other States; (L) 1 shall be a representative of the Regional Fishery Management Councils established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852); (M) 1 shall be a representative of the Marine Fisheries Commissions, which is composed of— (i) the Atlantic States Marine Fisheries Commission; (ii) the Gulf States Marine Fisheries Commission; and (iii) the Pacific States Marine Fisheries Commission; (N) 1 shall be a representative of the Sportfishing and Boating Partnership Council; and (O) 10 shall be representatives selected from each of the following groups: (i) The recreational sportfishing industry. (ii) The commercial fishing industry. (iii) Marine recreational anglers. (iv) Freshwater recreational anglers. (v) Terrestrial resource conservation organizations. (vi) Aquatic resource conservation organizations. (vii) The livestock and poultry production industry. (viii) The land development industry. (ix) The row crop industry. (x) Natural resource commodity interests, such as petroleum or mineral extraction. (3) Compensation A member of the Board shall serve without compensation. (4) Travel expenses A member of the Board may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (b) Appointment and terms (1) In general Except as otherwise provided in this subsection, a member of the Board described in any of subparagraphs (H) through (O) of subsection (a)(2) shall serve for a term of 3 years. (2) Initial board membership (A) In general Not later than 180 days after the date of enactment of this Act, the representatives of the board established by the National Fish Habitat Action Plan shall appoint the initial members of the Board described in subparagraphs (H), (I), (J), (L), (M), (N), and (O) of subsection (a)(2). (B) Tribal representatives Not later than 180 days after the enactment of this Act, the Secretary shall provide to the board established by the National Fish Habitat Action Plan a recommendation of not less than 4 tribal representatives, from which that board shall appoint 2 representatives pursuant to subparagraph (K) of subsection (a)(2). (3) Transitional terms Of the members described in subsection (a)(2)(O) initially appointed to the Board— (A) 4 shall be appointed for a term of 1 year; (B) 4 shall be appointed for a term of 2 years; and (C) 3 shall be appointed for a term of 3 years. (4) Vacancies (A) In general A vacancy of a member of the Board described in subparagraphs (H), (I), (J), (L), (M), (N), and (O) of subsection (a)(2) shall be filled by an appointment made by the remaining members of the Board. (B) Tribal representatives Following a vacancy of a member of the Board described in subparagraph (K) of subsection (a)(2), the Secretary shall recommend to the Board a list of not less than 4 tribal representatives, from which the remaining members of the Board shall appoint a representative to fill the vacancy. (5) Continuation of service An individual whose term of service as a member of the Board expires may continue to serve on the Board until a successor is appointed. (6) Removal If a member of the Board described in any of subparagraphs (H) through (O) of subsection (a)(2) misses 3 consecutive regularly scheduled Board meetings, the members of the Board may— (A) vote to remove that member; and (B) appoint another individual in accordance with paragraph (4). (c) Chairperson (1) In general The Board shall elect a member of the Board to serve as Chairperson of the Board. (2) Term The Chairperson of the Board shall serve for a term of 3 years. (d) Meetings (1) In general The Board shall meet— (A) at the call of the Chairperson; but (B) not less frequently than twice each calendar year. (2) Public access All meetings of the Board shall be open to the public. (e) Procedures (1) In general The Board shall establish procedures to carry out the business of the Board, including— (A) a requirement that a quorum of the members of the Board be present to transact business; (B) a requirement that no recommendations may be adopted by the Board, except by the vote of 2/3 (C) procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this Act; (D) procedures for designating Partnerships under section 5; and (E) procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation projects. (2) Quorum A majority of the members of the Board shall constitute a quorum. 5. Fish habitat partnerships (a) Authority To approve The Board may approve and designate Fish Habitat Partnerships in accordance with this section. (b) Purposes The purposes of a Partnership shall be— (1) to coordinate the implementation of the National Fish Habitat Action Plan at a regional level; (2) to identify strategic priorities for fish habitat conservation; (3) to recommend to the Board fish habitat conservation projects that address a strategic priority of the Board; and (4) to develop and carry out fish habitat conservation projects. (c) Applications An entity seeking to be designated as a Partnership shall submit to the Board an application at such time, in such manner, and containing such information as the Board may reasonably require. (d) Approval The Board may approve an application for a Partnership submitted under subsection (c) if the Board determines that the applicant— (1) identifies representatives to provide support and technical assistance to the Partnership from a diverse group of public and private partners, which may include Federal, State, or local governments, nonprofit entities, Indian tribes, and private individuals, that are focused on conservation of fish habitats to achieve results across jurisdictional boundaries on public and private land; (2) is organized to promote the health of important fish habitats and distinct geographical areas, important fish species, or system types, including reservoirs, natural lakes, coastal and marine environments, and estuaries; (3) identifies strategic fish and fish habitat priorities for the Partnership area in the form of geographical focus areas or key stressors or impairments to facilitate strategic planning and decisionmaking; (4) is able to address issues and priorities on a nationally significant scale; (5) includes a governance structure that— (A) reflects the range of all partners; and (B) promotes joint strategic planning and decisionmaking by the applicant; (6) demonstrates completion of, or significant progress toward the development of, a strategic plan to address the decline in fish populations, rather than simply treating symptoms in accordance with the National Fish Habitat Action Plan; and (7) promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable. 6. Fish habitat conservation projects (a) Submission to Board Not later than March 31 of each calendar year, each Partnership shall submit to the Board a list of fish habitat conservation projects recommended by the Partnership for annual funding under this Act. (b) Recommendations by Board Not later than July 1 of each calendar year, the Board shall submit to the Secretary a description, including estimated costs, of each fish habitat conservation project that the Board recommends that the Secretary approve and fund under this Act, in order of priority, for the following fiscal year. (c) Considerations The Board shall select each fish habitat conservation project to be recommended to the Secretary under subsection (b)— (1) based on a recommendation of the Partnership that is, or will be, participating actively in carrying out the fish habitat conservation project; and (2) after taking into consideration— (A) the extent to which the fish habitat conservation project fulfills a purpose of this Act or a goal of the National Fish Habitat Action Plan; (B) the extent to which the fish habitat conservation project addresses the national priorities established by the Board; (C) the availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e); (D) the extent to which the fish habitat conservation project— (i) increases recreational fishing opportunities for the public; (ii) will be carried out through a cooperative agreement among Federal, State, and local governments, Indian tribes, and private entities; (iii) increases public access to land or water for fish and wildlife-dependent recreational opportunities; (iv) advances the conservation of fish and wildlife species that have been identified by the States as species in greatest need of conservation; (v) where appropriate, advances the conservation of fish and fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), other relevant Federal law, and State wildlife action plans; and (vi) promotes strong and healthy fish habitats such that desired biological communities are able to persist and adapt; and (E) the substantiality of the character and design of the fish habitat conservation project. (d) Limitations (1) Requirements for evaluation No fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this Act unless the fish habitat conservation project includes an evaluation plan designed— (A) to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance; (B) to reflect appropriate changes to the fish habitat conservation project if the assessment substantiates that the fish habitat conservation project objectives are not being met; (C) to identify improvements to existing recreational fishing opportunities and the overall economic benefits for the local community of the fish habitat conservation project; and (D) to require the submission to the Board of a report describing the findings of the assessment. (2) Acquisition of real property interests (A) Acquisition of real property interests (i) In general Subject to clause (ii), a State, local government, or other non-Federal entity shall be eligible to receive funds under this Act for the acquisition of real property. (ii) Restriction No fish habitat conservation project that will result in the acquisition by a State, local government, or other non-Federal entity, in whole or in part, of any real property interest may be recommended by the Board under subsection (b) or provided financial assistance under this Act unless the project meets the requirements of subparagraph (B). (B) Requirements (i) In general A real property interest may not be acquired pursuant to a fish habitat conservation project by a State, local government, or other non-Federal entity unless— (I) the Secretary determines that the State, local government, or other non-Federal entity is obligated to undertake the management of the real property being acquired in accordance with the purposes of this Act; and (II) the owner of the real property authorizes the State, local government, or other non-Federal entity to acquire the real property. (ii) Additional conditions Any real property interest acquired by a State, local government, or other non-Federal entity pursuant to a fish habitat conservation project shall be subject to terms and conditions established by the Secretary providing for the long-term conservation and management of the fish habitat and the fish and wildlife dependent on that habitat. (iii) Public access (I) In general Any acquisition of fee title to real property by a State, local government, or non-Federal entity pursuant to this Act shall, where applicable and consistent with State laws and regulations, provide public access to that real property for compatible fish and wildlife-dependent recreation. (II) Public access Public access to real property described in subclause (I) shall be closed only for purposes of protecting public safety, the property, or habitat. (iv) State agency approval (I) In general Any real property interest acquired by a State, local government, or other non-Federal entity under this Act shall be approved by the applicable State agency in the State in which the fish habitat conservation project is carried out. (II) Administration The Board shall not recommend, and the Secretary shall not provide any funding under this Act for, the acquisition of any real property interest described in subclause (I) that has not been approved by the applicable State agency. (v) Violation If the State, local government, or other non-Federal entity violates any term or condition established by the Secretary under clause (ii), the Secretary may require the State, local government, or other non-Federal entity to refund all or part of any payments received under this Act, with interest on the payments as determined appropriate by the Secretary. (e) Non-Federal contributions (1) In general Except as provided in paragraph (2), no fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this Act unless at least 50 percent of the cost of the fish habitat conservation project will be funded with non-Federal funds. (2) Projects on Federal land or water Notwithstanding paragraph (1), Federal funds may be used for payment of 100 percent of the costs of a fish habitat conservation project located on Federal land or water. (3) Non-Federal share The non-Federal share of the cost of a fish habitat conservation project— (A) may not be derived from a Federal grant program; but (B) may include in-kind contributions and cash. (4) Special rule for Indian tribes Notwithstanding paragraph (1) or any other provision of law, any funds made available to an Indian tribe pursuant to this Act may be considered to be non-Federal funds for the purpose of paragraph (1). (f) Approval (1) In general Not later than 180 days after the date of receipt of the recommendations of the Board for fish habitat conservation projects under subsection (b), subject to the limitations under subsection (d), and based, to the maximum extent practicable, on the criteria described in subsection (c)— (A) the Secretary shall approve, reject, or reorder the priority of any fish habitat conservation project recommended by the Board that is not within a marine or estuarine habitat; and (B) the Secretary and the Secretary of Commerce shall jointly approve, reject, or reorder the priority of any fish habitat conservation project recommended by the Board that is within a marine or estuarine habitat. (2) Funding If a fish habitat conservation project under paragraph (1) is approved by the Secretary, or the Secretary and the Secretary of Commerce jointly, the Secretary, or the Secretary and the Secretary of Commerce jointly, as applicable, shall use amounts made available to carry out this Act to provide funds to carry out the fish habitat conservation project. (3) Notification If the priority of any fish habitat conservation project recommended by the Board under subsection (b) is rejected or reordered by the Secretary, or the Secretary and the Secretary of Commerce jointly, the Secretary, or the Secretary and the Secretary of Commerce jointly, shall, not later than 180 days after the date of receipt of the recommendations, provide to the Board, the appropriate Partnership, and the appropriate congressional committees a written statement of the Secretary, or the Secretary and the Secretary of Commerce jointly, as applicable, detailing the reasons why the Secretary or the Secretary and the Secretary of Commerce jointly rejected or reordered the priority of the fish habitat conservation project. 7. National Fish Habitat Conservation Partnership Program (a) Establishment Not later than 1 year after the date of enactment of this Act, the Director shall establish a program, to be known as the National Fish Habitat Conservation Partnership Program (b) Functions The National Fish Habitat Conservation Partnership Program shall— (1) provide funding for the operational needs of the Partnerships, including funding for activities such as planning, project development and implementation, coordination, monitoring, evaluation, communication, and outreach; (2) provide funding to support the detail of State and tribal fish and wildlife staff to the Program; (3) facilitate the cooperative development and approval of Partnerships; (4) assist the Secretary and the Board in carrying out this Act; (5) assist the Secretary in carrying out the requirements of sections 8 and 10; (6) facilitate communication, cohesiveness, and efficient operations for the benefit of Partnerships and the Board; (7) facilitate, with assistance from the Director, the Assistant Administrator, and the President of the Association of Fish and Wildlife Agencies, the consideration of fish habitat conservation projects by the Board; (8) provide support to the Director regarding the development and implementation of the interagency operational plan under subsection (c); (9) coordinate technical and scientific reporting as required by section 11; (10) facilitate the efficient use of resources and activities of Federal departments and agencies to carry out this Act in an efficient manner; and (11) provide support to the Board for national communication and outreach efforts that promote public awareness of fish habitat conservation. (c) Interagency operational plan Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Director, in cooperation with the Assistant Administrator and the heads of other appropriate Federal departments and agencies, shall develop an interagency operational plan for the National Fish Habitat Conservation Partnership Program that describes— (1) the functional, operational, technical, scientific, and general staff, administrative, and material needs of the Program; and (2) any interagency agreements between or among Federal departments and agencies to address those needs. (d) Staff and support (1) Departments of Interior and Commerce The Director and the Assistant Administrator shall each provide appropriate staff to support the National Fish Habitat Conservation Partnership Program, subject to the availability of funds under section 14. (2) States and Indian tribes Each State and Indian tribe is encouraged to provide staff to support the National Fish Habitat Conservation Partnership Program. (3) Detailees and contractors The National Fish Habitat Conservation Partnership Program may accept staff or other administrative support from other entities— (A) through interagency details; or (B) as contractors. (4) Qualifications The staff of the National Fish Habitat Conservation Partnership Program shall include members with education and experience relating to the principles of fish, wildlife, and habitat conservation. (e) Reports Not less frequently than once each year, the Director shall provide to the Board a report describing the activities of the National Fish Habitat Conservation Partnership Program. 8. Technical and scientific assistance (a) In general The Director, the Assistant Administrator, and the Director of the United States Geological Survey, in coordination with the Forest Service and other appropriate Federal departments and agencies, shall provide scientific and technical assistance to the Partnerships, participants in fish habitat conservation projects, and the Board. (b) Inclusions Scientific and technical assistance provided pursuant to subsection (a) may include— (1) providing technical and scientific assistance to States, Indian tribes, regions, local communities, and nongovernmental organizations in the development and implementation of Partnerships; (2) providing technical and scientific assistance to Partnerships for habitat assessment, strategic planning, and prioritization; (3) supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board; (4) supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through Partnerships; (5) supporting and providing recommendations for a national fish habitat assessment; (6) ensuring the availability of experts to conduct scientifically based evaluation and reporting of the results of fish habitat conservation projects; and (7) providing resources to secure State agency scientific and technical assistance to support Partnerships, participants in fish habitat conservation projects, and the Board. 9. Conservation of fish habitat on Federal land To the extent consistent with the mission and authority of the applicable department or agency, the head of each Federal department and agency may coordinate with the Assistant Administrator and the Director to promote healthy fish populations and fish habitats. 10. Coordination with States and Indian tribes The Secretary shall provide a notice to, and cooperate with, the appropriate State agency or tribal agency, as applicable, of each State and Indian tribe within the boundaries of which an activity is planned to be carried out pursuant to this Act, including notification, by not later than 30 days before the date on which the activity is implemented. 11. Accountability and reporting (a) Reporting (1) In general Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Board shall submit to the appropriate congressional committees a report describing the progress of— (A) this Act; and (B) the National Fish Habitat Action Plan. (2) Contents Each report submitted under paragraph (1) shall include— (A) an estimate of the number of acres, stream miles, or acre-feet (or other suitable measure) of fish habitat that was maintained or improved under the National Fish Habitat Action Plan by Federal, State, or local governments, Indian tribes, or other entities in the United States during the 2-year period ending on the date of submission of the report; (B) a description of the public access to fish habitats established or improved under the National Fish Habitat Action Plan during that 2-year period; (C) a description of the opportunities for public recreational fishing established under the National Fish Habitat Action Plan during that period; and (D) an assessment of the status of fish habitat conservation projects carried out with funds provided under this Act during that period, disaggregated by year, including— (i) a description of the fish habitat conservation projects recommended by the Board under section 6(b); (ii) a description of each fish habitat conservation project approved by the Secretary under section 6(f), in order of priority for funding; (iii) a justification for— (I) the approval of each fish habitat conservation project; and (II) the order of priority for funding of each fish habitat conservation project; (iv) a justification for any rejection or reordering of the priority of each fish habitat conservation project recommended by the Board under section 6(b) that was based on a factor other than the criteria described in section 6(c); and (v) an accounting of expenditures by Federal, State, or local governments, Indian tribes, or other entities to carry out fish habitat conservation projects. (b) Status and trends report Not later than December 31, 2015, and every 5 years thereafter, the Board shall submit to the appropriate congressional committees a report describing the status of fish habitats in the United States. (c) Revisions Not later than December 31, 2015, and every 5 years thereafter, the Board shall revise the goals and other elements of the National Fish Habitat Action Plan, after consideration of each report required by subsection (b). 12. Effect of Act (a) Water rights Nothing in this Act— (1) establishes any express or implied reserved water right in the United States for any purpose; (2) affects any water right in existence on the date of enactment of this Act; (3) preempts or affects any State water law or interstate compact governing water; or (4) affects any Federal or State law in existence on the date of enactment of this Act regarding water quality or water quantity. (b) Authority To acquire water rights or rights to property In carrying out section 6(d)(2), only a State, local government, or other non-Federal entity may acquire, in accordance with applicable State law, water rights or rights to property pursuant to a fish habitat conservation projected funded under this Act. (c) State authority Nothing in this Act— (1) affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; or (2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife. (d) Effect on Indian tribes Nothing in this Act abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian tribe recognized by treaty or any other means, including— (1) an agreement between the Indian tribe and the United States; (2) Federal law (including regulations); (3) an Executive order; or (4) a judicial decree. (e) Adjudication of water rights Nothing in this Act diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 (f) Department of Commerce authority Nothing in this Act affects the authority, jurisdiction, or responsibility of the Department of Commerce to manage, control, or regulate fish or fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (g) Effect on Other Authorities (1) Private property protection Nothing in this Act permits the use of funds made available to carry out this Act to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest. (2) Mitigation Nothing in this Act permits the use of funds made available to carry out this Act for fish and wildlife mitigation purposes under— (A) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (B) the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. (C) the Water Resources Development Act of 1986 ( Public Law 99–662 (D) any other Federal law or court settlement. (3) Clean Water Act Nothing in this Act affects or alters any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any definition in that Act. 13. Nonapplicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to— (1) the Board; or (2) any Partnership. 14. Funding (a) Authorization of appropriations (1) Fish habitat conservation projects There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2014 through 2018 to provide funds for fish habitat conservation projects approved under section 6(f), of which 5 percent shall be made available for each fiscal year for projects carried out by Indian tribes. (2) National fish habitat conservation partnership program (A) In general There is authorized to be appropriated to the Secretary for each of fiscal years 2014 through 2018 for the National Fish Habitat Conservation Partnership Program, and to carry out section 11, an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1). (B) Required transfers The Secretary shall annually transfer to other Federal departments and agencies such percentage of the amounts made available pursuant to subparagraph (A) as is required to support participation by those departments and agencies in the National Fish Habitat Conservation Partnership Program pursuant to the interagency operational plan under section 7(c). (3) Technical and scientific assistance There are authorized to be appropriated for each of fiscal years 2014 through 2018 to carry out, and provide technical and scientific assistance under, section 8— (A) $500,000 to the Secretary for use by the United States Fish and Wildlife Service; (B) $500,000 to the Assistant Administrator for use by the National Oceanic and Atmospheric Administration; and (C) $500,000 to the Secretary for use by the United States Geological Survey. (4) Planning and administrative expenses There is authorized to be appropriated to the Secretary for each of fiscal years 2014 through 2018 for use by the Board, the Director, and the Assistant Administrator for planning and administrative expenses an amount equal to 3 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1). (b) Agreements and grants The Secretary may— (1) on the recommendation of the Board, and notwithstanding sections 6304 6305 31 U.S.C. 6101 Public Law 106–107 (2) apply for, accept, and use a grant from any individual or entity to carry out the purposes of this Act; and (3) make funds available to any Federal department or agency for use by that department or agency to provide grants for any fish habitat protection project, restoration project, or enhancement project that the Secretary determines to be consistent with this Act. (c) Donations (1) In general The Secretary may— (A) enter into an agreement with any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of that Code to solicit private donations to carry out the purposes of this Act; and (B) accept donations of funds, property, and services to carry out the purposes of this Act. (2) Treatment A donation accepted under this section— (A) shall be considered to be a gift or bequest to, or otherwise for the use of, the United States; and (B) may be— (i) used directly by the Secretary; or (ii) provided to another Federal department or agency through an interagency agreement.

National Fish Habitat Conservation Act

Taxpayer Protection Act of 2014 - Amends the Internal Revenue Code to require the annual report of the Internal Revenue Service Oversight Board to include: (1) any claim filed during the preceding year alleging a violation of any constitutional right of a taxpayer by an Internal Revenue Service (IRS) employee; (2) with respect to such claim, whether a final administrative or judicial determination has been reached and whether the employment of any IRS employee determined to be liable for such violation has been terminated; and (3) a statement of the effectiveness of any procedures and measures established by the IRS to prevent discrimination by any IRS employee against any taxpayer on the basis of the taxpayer's political affiliations, beliefs, or activities.

113 S2081 IS: Taxpayer Protection Act of 2014 U.S. Senate 2014-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2081 IN THE SENATE OF THE UNITED STATES March 5, 2014 Ms. Collins Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to require notification of Congress by the Internal Revenue Service Oversight Board regarding any violation of the Constitutional rights of taxpayers. 1. Short title This Act may be cited as the Taxpayer Protection Act of 2014 2. Notification of Congress regarding violations of taxpayers' constitutional rights (a) In general Section 7802(f)(3) (C) Constitutional rights of taxpayers For purposes of the annual report required under subparagraph (A), the Oversight Board shall include the following information: (i) Any claim filed during the preceding year by a taxpayer alleging, with respect to such taxpayer, a violation of any right under the Constitution of the United States by an employee of the Internal Revenue Service. (ii) For purposes of each claim described in clause (i)— (I) whether a final administrative or judicial determination on such claim has been reached, and (II) subject to section 1203 of the Internal Revenue Service Restructuring and Reform Act of 1998, whether the employment of any employee of the Internal Revenue Service determined to be liable for such violation has been terminated or, for any personnel action other than termination of such employee, the reasons provided by the Commissioner of Internal Revenue for such determination. (iii) The effectiveness of any procedures and measures established by the Internal Revenue Service to prevent discrimination by any employee of the Internal Revenue Service against any taxpayer on the basis of the political affiliation, beliefs, or activities of such taxpayer. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.

Taxpayer Protection Act of 2014

Two-Midnight Rule Coordination and Improvement Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to develop appropriate criteria with regard to the two-midnight rule for payment under title XVIII (Medicare) of the Social Security Act for a short inpatient hospital stay. (The two-midnight rule allows Medicare coverage of only hospital stays for which a physician admits to a hospital a beneficiary expected to require care that crosses two midnights, but generally denies coverage of care expected to require less than a two-midnight stay.) Requires the criteria developed by the Secretary to: (1) account for medical necessity and the appropriateness of an inpatient stay that is less than the two-midnight benchmark, and (2) be developed in consultation with interested stakeholders. Directs the Secretary to develop a budget-neutral Medicare payment methodology for hospitals for short inpatient hospital stays. Allows the methodology to be: (1) a reduced payment amount than would otherwise apply to inpatient hospital services if paid for under the Medicare prospective payment schedule, or (2) an alternative payment methodology. Directs the Secretary to develop: (1) general equivalency maps to link the relevant International Statistical Classification of Diseases and Related Health Problems (ICD)-10 codes (used to report medical diagnoses and inpatient procedures) to relevant Current Procedural Terminology (CPT) codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparison of inpatient hospital services and hospital outpatient department services; and (2) a second crosswalk between Diagnosis-Related Group (DRG) codes for inpatient hospital services and Ambulatory Payment Class (APC) codes for outpatient hospital services. Prohibits the Secretary from enforcing the two-midnight rule for admissions occurring: (1) before October 1, 2014; and (2) on or after that date until October 1, 2015, or the new two-midnight rule criteria are implemented, if sooner (applicable date). Prohibits a Medicare review contractor from denying a claim for inpatient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, on the basis of the two-midnight rule for discharges occurring before the applicable date for: (1) medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (2) requirements for orders, certifications, or recertifications, and associated documentation relating to such matters. Declares that nothing in this Act shall be construed to preclude the Secretary from continuing the conduct by Medicare administrative contractors of the Medicare Probe and Educate program for hospital admissions during the delayed enforcement of the two-midnight rule. Prohibits the Secretary from increasing the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary as of November 4, 2013, such as 10 claims for most hospitals and 25 claims for large hospitals.

113 S2082 IS: Two-Midnight Rule Coordination and Improvement Act of 2014 U.S. Senate 2014-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2082 IN THE SENATE OF THE UNITED STATES March 5, 2014 Mr. Menendez Mrs. Fischer Committee on Finance A BILL To provide for the development of criteria under the Medicare program for medically necessary short inpatient hospital stays, and for other purposes. 1. Short title This Act may be cited as the Two-Midnight Rule Coordination and Improvement Act of 2014 2. Development of criteria for medically necessary short inpatient hospital stays (a) In general (1) Development of criteria The Secretary shall develop appropriate criteria with regard to the two-midnight rule (as defined in subsection (e)) for payment under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (2) Requirements The criteria developed under paragraph (1) shall— (A) account for medical necessity and the appropriateness of an inpatient stay that is less than the two-midnight benchmark; and (B) subject to paragraph (3), be developed in consultation with interested stakeholders. (3) Implementation The consultation described in paragraph (2)(B) shall be conducted as part of the annual notice and comment rulemaking process implementing the Medicare hospital inpatient prospective payment system for fiscal year 2015. (b) Development of short inpatient hospital stay payment methodology (1) In general The Secretary shall develop a payment methodology under the Medicare program under title XVIII of the Social Security Act for hospitals for short inpatient hospital stays. Such methodology— (A) shall be implemented in a budget neutral manner; (B) may be a reduced payment amount for such inpatient hospital services than would otherwise apply if paid for under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) or be an alternative payment methodology; and (C) shall take into consideration the criteria developed under subsection (a). (2) Timeframe The Secretary shall promulgate such methodology as part of the annual regulations implementing the Medicare hospital inpatient prospective payment system for fiscal year 2015. (c) Crosswalk of ICD–10 codes and CPT codes; crosswalk of DRG and CPT codes (1) ICD–10-to-CPT crosswalk (A) In general Not later than 2 years after the date of the enactment of this Act, the Secretary shall develop general equivalency maps (referred to in this subsection as crosswalks 42 U.S.C. 1395ww ICD–10 codes CPT codes (B) Process (i) In general In carrying out subparagraph (A), the Secretary shall develop a proposed ICD–10-to-CPT crosswalk which shall be made available for public comment for a period of not less than 60 days. (ii) Notice The Secretary shall provide notice of the comment period through the following: (I) Publication of notice of proposed rulemaking in the Federal Register. (II) A solicitation posted on the Internet Web site of the Centers for Medicare & Medicaid Services. (III) An announcement on the Internet Web site of the Centers for Medicare & Medicaid Services of the availability of the proposed crosswalk and the deadline for comments. (IV) A broadcast through an appropriate Listserv operated by the Centers for Medicare & Medicaid Services. (iii) Use of the ICD–9–CM Coordination and Maintenance Committee The Secretary also shall instruct the ICD–9–CM Coordination and Maintenance Committee to convene a meeting to receive input from the public regarding the proposed ICD–10-to-CPT crosswalk. (iv) Publication of final crosswalks Taking into consideration comments received on the proposed crosswalk, the Secretary shall publish a final ICD–10-to-CPT crosswalk under subparagraph (A) and shall post such crosswalk on the Internet Web site of the Centers for Medicare & Medicaid Services. (v) Updating The Secretary shall update such crosswalk on an annual basis. (2) DRG-to-APC crosswalk (A) In general The Secretary shall, using the ICD–10-to-CPT crosswalk developed under paragraph (1), develop a second crosswalk between diagnosis-related group (DRG) codes for inpatient hospital services and Ambulatory Payment Class (APC) codes for outpatient hospital services. (B) Data to be used In developing such crosswalk, the Secretary shall use claims data for inpatient hospital services for discharges occurring in fiscal years beginning with fiscal year 2015 and for outpatient hospital services furnished in years beginning with 2015. (C) Publication Not later than June 30, 2017, the Secretary shall publish the DRG-to-APC crosswalk developed under this paragraph. (d) Delay of enforcement of the two-Midnight rule (1) In general The Secretary shall not enforce the provisions of the two-midnight rule with respect to admissions to a hospital for which payment is made under the Medicare program under title XVIII of the Social Security Act— (A) for admissions occurring before October 1, 2014; and (B) in the case of admissions occurring on or after October 1, 2014, prior to the applicable date (as defined in paragraph (3)). (2) Application to Medicare review contractors Paragraph (1) shall also apply to Medicare review contractors (as defined in subsection (e)). No Medicare review contractor may, based on the provisions of the two-midnight rule, deny a claim for payment for inpatient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, for which payment may be made under title XVIII of the Social Security Act for discharges occurring before the applicable date (as defined in paragraph (3))— (A) for medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (B) for requirements for orders, certifications, or recertifications, and associated documentation relating to the matters described in subparagraph (A). (3) Applicable date defined In this subsection, the term applicable date (A) the date on which the criteria described in subsection (a) are implemented pursuant to subsection (a)(3); or (B) October 1, 2015. (4) Continuation of Medicare Probe and Educate program for inpatient hospital admissions (A) In general Subject to subparagraph (B), nothing in this subsection shall be construed to preclude the Secretary from continuing the conduct by Medicare administrative contractors of the Medicare Probe and Educate program (as defined in subparagraph (C)) for hospital admissions during the delay of enforcement under paragraph (1). (B) Maintenance of sample prepayment record limits The Secretary may not increase the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary under such program as of November 4, 2013, such as 10 claims for most hospitals and 25 claims for large hospitals. (C) Medicare Probe and Educate program defined In this paragraph, the term Medicare Probe and Educate program Frequently Asked Questions 2 Midnight Inpatient Admission Guidance & Patient Status Reviews for Admissions on or after October 1, 2013 (i) conduct prepayment patient status reviews for inpatient hospital claims with dates of admission on or after October 1, 2013, and before March 31, 2014; and (ii) based on the results of such prepayment patient status reviews, conduct educational outreach efforts during the following 3 months. (e) Definitions In this section: (1) Hospital The term hospital (A) An acute care hospital. (B) A critical access hospital. (C) A long-term care hospital. (D) An inpatient psychiatric facility. (2) Interested stakeholders The term interested stakeholders (A) Hospitals. (B) Physicians (C) Medicare administrative contractors under section 1874A of the Social Security Act (42 U.S.C. 1395kk–1). (D) Recovery audit contractors under section 1893(h) of such Act ( 42 U.S.C. 1395ddd(h) (E) Other parties determined appropriate by the Secretary. (3) IPPS FY 2014 Final Rule The term IPPS FY 2014 Final Rule Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status (4) Medicare review contractor The term Medicare review contractor (A) Medicare administrative contractors under section 1874A of the Social Security Act (42 U.S.C. 1395kk–1); and (B) recovery audit contractors under section 1893(h) of such Act ( 42 U.S.C. 1395ddd(h) (5) Secretary The term Secretary (6) Short inpatient hospital stay The term short inpatient hospital stay section 412.3 (7) Two-midnight rule The term two-midnight rule (A) Amendment 2 (on page 50965), which adds a section 412.3 (B) Amendment 3 (on page 50965), which revises section 412.46 of such title (relating to medical review requirements). (C) Amendment 23 (on page 50969), which amends paragraphs (d) and (e)(2) of section 424.11 of such title (relating to conditions of payment: General procedures). (D) Amendment 24 (on pages 50969 and 50970), which revises section 424.13 of such title (relating to requirements for inpatient services of hospitals other than inpatient psychiatric facilities). (E) Amendment 25 (on page 50970), which revises paragraphs (a), (b), (d)(1), and (e) of section 424.14 of such title (relating to requirements for inpatient services of inpatient psychiatric facilities). (F) Amendment 26 (on page 50970), which revises section 424.15 of such title (relating to requirements for inpatient CAH services).

Two-Midnight Rule Coordination and Improvement Act of 2014

American Job Creation and Strategic Alliances LNG Act - Amends the Natural Gas Act to deem consistent with the public interest an expedited application and approval process for the importation or exportation of natural gas to a World Trade Organization member country.

113 S2083 IS: American Job Creation and Strategic Alliances LNG Act U.S. Senate 2014-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2083 IN THE SENATE OF THE UNITED STATES March 5, 2014 Mr. Udall of Colorado Mr. Begich Committee on Banking, Housing, and Urban Affairs A BILL To amend the Natural Gas Act to promote economic growth and job creation in the United States, to strengthen strategic partnerships with allies of the United States, and for other purposes. 1. Short title This Act may be cited as the American Job Creation and Strategic Alliances LNG Act 2. Expedited approval of exportation of natural gas to World Trade Organization member countries Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) (1) by striking (c) For purposes (c) Expedited application and approval process (1) Definition of World Trade Organization member country In this subsection, the term World Trade Organization member country WTO member country 19 U.S.C. 3501 (2) Expedited application and approval process For purposes ; and (2) in paragraph (2) (as so designated), by inserting ‘‘or to a World Trade Organization member country’’ after trade in natural gas 3. Effective date The amendments made by section 2 shall apply to applications for the authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) that are pending on, or filed on or after, the date of enactment of this Act.

American Job Creation and Strategic Alliances LNG Act

Community Protection Act of 2014 - Amends the Endangered Species Act of 1973, with respect to critical habitat designations, to exclude an area from critical habitat upon a determination that the benefits of exclusion outweigh the benefits of including the area, unless the failure to designate such area as critical habitat will result in the extinction of the species concerned. (Under current law, such exclusion is permitted, not required.) Requires the Secretary of the Interior or the Secretary of Commerce, at the time a proposed rule to designate critical habitat is published, to publish and make available for public comment a draft quantitative analysis that examines the economic effects of the proposed designation, including any effects on possible uses of land and property values, employment, and state and local revenues.

113 S2084 IS: Community Protection Act of 2014 U.S. Senate 2014-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2084 IN THE SENATE OF THE UNITED STATES March 5, 2014 Mr. Pryor Ms. Landrieu Committee on Environment and Public Works A BILL To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to publish and make available for public comment a draft economic analysis at the time a proposed rule to designate critical habitat is published. 1. Short title This Act may be cited as the Community Protection Act of 2014 2. Draft economic analysis for critical habitat designation Section 4(b)(2) of the Endangered Species Act of 1973 16 U.S.C. 1533(b)(2) (1) in the first sentence, by striking (2) The Secretary shall (2) Critical habitat designation (A) In general The Secretary shall ; (2) in the second sentence, by striking The Secretary may (B) Exclusions The Secretary shall ; and (3) by adding at the end the following: (C) Draft economic analysis At the time a proposed rule to designate critical habitat is published, the Secretary shall publish and make available for public comment a draft analysis that— (i) examines the public and private economic effects of the proposed designation, including any effects on— (I) possible uses of land and property values; (II) employment; and (III) revenues available for State and local governments; and (ii) is quantitative. .

Community Protection Act of 2014

(This measure has not been amended since it was reported to the Senate on May 20, 2014. The summary of that version is repeated here.) Reliable Home Heating Act - Directs the Federal Motor Carrier Safety Administration (FMCSA) to recognize any 30-day emergency period declared by a state governor due to a shortage of residential heating fuel (and up to two additional 30-day periods) as one during which FMCSA federal motor carrier safety regulations shall not apply to any motor carrier or driver operating a commercial motor vehicle providing residential heating fuel in a geographic area designated as under a state of emergency. Defines the term "residential heating fuel" to include heating oil, natural gas, and propane. Directs the Administrator of the Energy Information Administration, using data compiled from the Administration's Weekly Petroleum Status Reports, to notify the governor of each state in a Petroleum Administration for Defense District if that district's inventory of residential heating fuel has been below the most recent five-year average for more than three consecutive weeks. Directs the Secretary of Transportation (DOT) to study the impacts on safety from the extension of exemptions issued by the state governors.

S2086 ENR: Reliable Home Heating Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 2086 IN THE SENATE OF THE UNITED STATES AN ACT To address current emergency shortages of propane and other home heating fuels and to provide greater flexibility and information for Governors to address such emergencies in the future. 1. Short title This Act may be cited as the Reliable Home Heating Act 2. Authority to extend emergency declarations for purposes of temporarily exempting motor carriers providing emergency relief from certain safety regulations (a) Defined term In this Act, the term residential heating fuel (1) heating oil; (2) natural gas; and (3) propane. (b) Authorization If the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30-day emergency period (or a second 30-day emergency period authorized under this subsection), the Governor determines that the emergency shortage has not ended, any extension of such state of emergency by the Governor, up to 2 additional 30-day periods, shall be recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area so designated as under a state of emergency. (c) Rulemaking The Secretary of Transportation shall amend section 390.23(a)(1)(ii) (d) Savings provision Nothing in this section may be construed to modify the authority granted to the Federal Motor Carrier Safety Administration’s Field Administrator under section 390.23(a) of title 49, Code of Federal Regulations, to offer temporary exemptions from parts 390 through 399 of such title. 3. Energy Information Administration notification requirement The Administrator of the Energy Information Administration, using data compiled from the Administration’s Weekly Petroleum Status Reports, shall notify the Governor of each State in a Petroleum Administration for Defense District if the inventory of residential heating fuel within such district has been below the most recent 5-year average for more than 3 consecutive weeks. 4. Review Not later than 12 months after the date of enactment of this Act, the Secretary of Transportation shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report on the impacts of safety from the extensions issued by Governors according to this Act. In conducting the study, the Secretary shall review, at a minimum— (1) the safety implications of extending exemptions; and (2) a review of the exemption process to ensure clarity and efficiency during emergencies. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Reliable Home Heating Act

Medicare Protection Act - Expresses the sense of the Senate that: (1) the eligibility age under title XVIII (Medicare) of the Social Security Act should not be increased, and (2) the Medicare program should not be privatized or turned into a voucher system. Amends the Congressional Budget and Impoundment Control Act of 1974, with respect to extraneous matter in reconciliation legislation, to require a provision to be considered extraneous if it eliminates or reduces guaranteed benefits for individuals entitled to, or enrolled for, benefits under Medicare or restricts the eligibility for such program. (Thus subjects such a provision to a point of order and stricken from the bill.)

113 S2087 IS: Medicare Protection Act U.S. Senate 2014-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2087 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Pryor Mr. Brown Mrs. Shaheen Mr. Merkley Mr. Franken Mr. Schatz Mr. Udall of New Mexico Ms. Warren Mrs. Hagan Mr. Whitehouse Ms. Landrieu Mr. Begich Committee on the Budget A BILL To protect the Medicare program under title XVIII of the Social Security Act with respect to reconciliation involving changes to the Medicare program. 1. Short title This Act may be cited as the Medicare Protection Act 2. Sense of the Senate It is the sense of the Senate that— (1) the eligibility age under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) should not be increased; and (2) the Medicare program should not be privatized or turned into a voucher system. 3. Reconciliation involving changes to the Medicare program Section 313(b)(1) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 644(b)(1)) is amended— (1) in subparagraph (E), by striking and (2) in subparagraph (F), by striking the period and inserting ; and (3) by adding at the end the following: (G) a provision shall be considered extraneous if it eliminates or reduces guaranteed benefits for individuals entitled to, or enrolled for, benefits under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or restricts eligibility for such program. .

Medicare Protection Act

American Natural Gas Security and Consumer Protection Act - Amends the Natural Gas Act to prohibit any person from exporting any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy (DOE) authorizing such person to do so. Allows the Secretary to issue an order authorizing such exportation, upon application, if the Secretary determines that the proposed exportation will be consistent with the public interest. Requires the Secretary to issue an environmental impact statement (EIS) under the National Environmental Policy Act of 1969 on such an order, including by analyzing the impacts of extraction of exported natural gas on the environment in communities where the natural gas is extracted. Directs the Secretary to issue final regulations for determining whether an export of natural gas from the United States to a foreign country is in the public interest. Exempts any export authorization order from such EIS and public interest requirements if the natural gas would be exported solely to meet certain requirements of: (1) the International Emergency Economic Powers Act (regarding presidential foreign exchange transaction authorities), (2) the Trading with the Enemy Act (regarding such transaction authorities in wartime), or (3) the Energy Policy and Conservation Act (regarding the International Energy Program). Authorizes the Secretary to issue such an order upon application in such cases without modification or delay.

113 S2088 IS: American Natural Gas Security and Consumer Protection Act U.S. Senate 2014-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2088 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Markey Committee on Banking, Housing, and Urban Affairs A BILL To amend the Natural Gas Act with respect to the exportation of natural gas, and for other purposes. 1. Short title This Act may be cited as the American Natural Gas Security and Consumer Protection Act 2. Authorization for the Exportation of Natural Gas Section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) is amended— (1) by inserting before After six months from the date on which (1) Authorization for the Importation of Natural Gas (2) by striking export any natural gas from the United States to a foreign country or (3) by striking exportation or (4) by adding at the end the following new paragraphs: (2) Authorization for the Exportation of Natural Gas (A) Prohibition No person may export any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. (B) Issuance of orders The Secretary of Energy may issue an order authorizing a person to export natural gas from the United States to a foreign country, upon application, if the Secretary determines that the proposed exportation will be consistent with the public interest, in accordance with the regulations issued under paragraph (3)(B). The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate. (C) Timing No order may be issued by the Secretary of Energy under this paragraph prior to the date on which the Secretary issues final regulations under paragraph (3)(B). (3) Public Interest Determination (A) NEPA review The Secretary of Energy shall issue a detailed statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (B) Regulations (i) Deadline Not later than 2 years after the date of enactment of this paragraph, the Secretary of Energy shall issue final regulations, after notice and public comment, for determining whether an export of natural gas from the United States to a foreign country is in the public interest for purposes of issuing an order under paragraph (2). (ii) Contents Regulations issued under this paragraph shall require the Secretary of Energy to determine, with respect to each application for export of natural gas from the United States to a foreign country, whether such export is in the public interest through— (I) use of the latest available data on current and projected United States natural gas demands, production, and price; (II) consideration of the effects of such natural gas exports on— (aa) household and business energy expenditures by electricity and natural gas consumers in the United States; (bb) the United States economy, jobs, and manufacturing, including such effects on wages, investment, and energy intensive and trade exposed industries, as determined by the Secretary; (cc) the energy security of the United States, including the ability of the United States to reduce its reliance on imported oil; (dd) the conservation of domestic natural gas supplies to meet the future energy needs of the United States; (ee) the potential for natural gas use in the transportation, industrial, and electricity sectors of the United States; (ff) the ability of the United States to reduce greenhouse gas emissions; (gg) the national security and foreign policy of the United States; (hh) domestic natural gas supply and availability, including such effects on pipelines and other infrastructure; (ii) the balance of trade of the United States; and (jj) other issues determined relevant by the Secretary; and (III) consideration of the detailed statement issued under subparagraph (A). (4) Exemptions Paragraph (2) does not apply with respect to any order authorizing the exportation of natural gas if the natural gas that would be exported as a result of the order is exported solely to meet a requirement imposed pursuant to section 203 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 50 U.S.C. App. 5(b) 42 U.S.C. 6271 et seq. .

American Natural Gas Security and Consumer Protection Act

Supplemental Security Income Restoration Act of 2014 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to increase from $240 to $1,320 (increased for inflation each calendar year after 2015) the first amount of general income per year excluded in determining SSI program eligibility. Increases from: (1) $780 to $4,284 (similarly increased) the first amount of earned income similarly excluded (including for a blind or disabled individual [or spouse] under age 65), (2) $3,000 to $15,000 in calendar year 2015 (increased for inflation) the resource limit for couples, and (3) $2,000 to $10,000 in calendar year 2015 (similarly increased) for individuals without a spouse. Prescribes an inflation adjustment in benefits in any calendar year after 2015. Removes support and maintenance furnished in kind from determination of unearned income. Repeals the administrative penalty that renders individuals (and spouses) ineligible for SSI for a certain period of time if after the look-back date (usually 36 months preceding their application for SSI) they dispose of their resources for less than market value.

113 S2089 IS: Supplemental Security Income Restoration Act of 2014 U.S. Senate 2014-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2089 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Brown Ms. Warren Committee on Finance A BILL To amend title XVI of the Social Security Act to update eligibility for the supplemental security income program, and for other purposes. 1. Short title This Act may be cited as the Supplemental Security Income Restoration Act of 2014 2. Update in eligibility for the supplemental security income program (a) Update in general income exclusion Section 1612(b)(2)(A) of the Social Security Act ( 42 U.S.C. 1382a(b)(2)(A) $240 $1,320 (increased as described in section 1617(d) for each calendar year after 2015) (b) Update in earned income exclusion Section 1612(b)(4) of such Act ( 42 U.S.C. 1382a(b)(4) $780 $4,284 (increased as described in section 1617(d) for each calendar year after 2015) (c) Update in resource limit for individuals and couples Section 1611(a)(3) of such Act ( 42 U.S.C. 1382(a)(3) (1) in subparagraph (A), by striking $2,250 $15,000 in calendar year 2015, and shall be increased as described in section 1617(d) for each subsequent calendar year. (2) in subparagraph (B), by striking $1,500 $10,000 in calendar year 2015, and shall be increased as described in section 1617(d) for each subsequent calendar year. (d) Inflation adjustment Section 1617 of such Act ( 42 U.S.C. 1382f (1) in the section heading, by inserting ; inflation adjustment benefits (2) by adding at the end the following: (d) In the case of any calendar year after 2015, each of the amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4) shall be increased by multiplying each such amount by the quotient (not less than 1) obtained by dividing— (1) the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W, as published by the Bureau of Labor Statistics of the Department of Labor) for the 12-month period ending with September of the preceding calendar year, by (2) such average for the 12-month period ending with September 2014. . 3. Support and maintenance furnished in kind not included as income (a) In general Section 1612(a)(2) of such Act ( 42 U.S.C. 1382a(a)(2) (1) in the matter preceding subparagraph (A), by inserting (other than support or maintenance furnished in kind) all other income (2) in subparagraph (A)— (A) by striking or kind (B) by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (C) in clause (ii) (as so redesignated), by striking and the provisions of clause (i) shall not be applicable (b) Conforming amendments (1) Section 1611(c) of such Act (42 U.S.C. 1382(c)) is amended by striking paragraph (6) and redesignating paragraphs (7) through (10) as paragraphs (6) through (9), respectively. (2) Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is amended— (A) in subparagraph (F), by inserting and (B) in subparagraph (G), by striking ; and (C) by moving subparagraph (G) 2 ems to the right; and (D) by striking subparagraph (H). (3) Section 1621(c) of such Act (42 U.S.C. 1382j(c)) is amended to read as follows: (c) In determining the amount of income of an alien during the period of 5 years after such alien's entry into the United States, support or maintenance furnished in cash to the alien by such alien's sponsor (to the extent that it reflects income or resources which were taken into account in determining the amount of income and resources to be deemed to the alien under subsection (a) or (b) of this section) shall not be considered to be income of such alien under section 1612(a)(2)(A). . 4. Repeal of penalty for disposal of resources for less than fair market value Section 1613(c) of such Act (42 U.S.C. 1382b(c)) is amended to read as follows: (c) Notification of Medicaid Policy Restricting Eligibility of Institutionalized Individuals for Benefits Based on Disposal of Resources for Less Than Fair Market Value (1) At the time an individual (and the individual's eligible spouse, if any) applies for benefits under this title, and at the time the eligibility of an individual (and such spouse, if any) for such benefits is redetermined, the Commissioner of Social Security shall— (A) inform such individual of the provisions of section 1917(c) providing for a period of ineligibility for benefits under title XIX for individuals who make certain dispositions of resources for less than fair market value, and inform such individual that information obtained pursuant to subparagraph (B) will be made available to the State agency administering a State plan under title XIX (as provided in paragraph (2)); and (B) obtain from such individual information which may be used by the State agency in determining whether or not a period of ineligibility for such benefits would be required by reason of section 1917(c). (2) The Commissioner of Social Security shall make the information obtained under paragraph (1)(B) available, on request, to any State agency administering a State plan approved under title XIX. . 5. Effective date The amendments made by this Act shall take effect on January 1, 2015.

Supplemental Security Income Restoration Act of 2014

Responsible Electronics Recycling Act - Amends the Solid Waste Disposal Act to: (1) prohibit the export of restricted electronic waste to countries that are not members of the Organization for Economic Cooperation and Development (OECD) or the European Union (EU), or Liechtenstein; (2) require the Administrator of the Environmental Protection Agency (EPA) to develop and promulgate procedures for identifying certain electronic equipment as well as additional restricted toxic materials contained in such equipment which poses a potential hazard to human health or the environment; and (3) establish criminal penalties for knowingly exporting restricted electronic waste in violation of this Act. Allows certain exceptions to such export ban. Defines "restricted electronic waste" to include electronic equipment (excluding parts of a motor vehicle), such as computers, televisions, printers, copiers, video game systems, telephones, and similar used electronic products, that contain cathode ray tubes, batteries, switches, and other parts containing lead, cadmium, mercury, organic solvents, hexavalent chromium, beryllium, or other toxic ingredients. Requires persons who handle restricted electronic wastes to permit appropriate EPA and state officials access to such wastes upon request. Directs the Secretary of Energy to establish a competitive research application program to provide grants for research in the recovering and recycling of critical minerals and rare earth elements found in electronic devices.

113 S2090 IS: Responsible Electronics Recycling Act U.S. Senate 2014-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2090 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Whitehouse Committee on Environment and Public Works A BILL To prohibit the export from the United States of certain electronic waste, and for other purposes. 1. Short title This Act may be cited as the Responsible Electronics Recycling Act 2. Electronic waste export restrictions (a) Amendment Subtitle C of the Solid Waste Disposal Act ( 42 U.S.C. 6921 et seq. 3025. Electronic waste export restrictions (a) In general Beginning on the date that is 30 months after the date of enactment of this section, no person shall export restricted electronic waste to a country described in subsection (e). (b) Definitions; rule of construction For purposes of this section: (1) Consignee The term consignee (2) Covered electronic equipment (A) In general The term covered electronic equipment (i) Computers. (ii) Central processing units. (iii) Mobile computers (including notebooks, netbooks, tablets, and e-book readers). (iv) Computer accessories (including input devices, webcams, speakers, data storage devices, servers, and monitors). (v) Televisions (including portable televisions and portable DVD players). (vi) Video display devices (including digital picture frames and portable video devices). (vii) Digital imaging devices (including printers, copiers, facsimile machines, image scanners, and multifunction machines). (viii) Television peripheral devices (including video cassette recorders, DVD players, video game systems, game controllers, signal converter boxes, and cable and satellite receivers). (ix) Digital cameras and projectors. (x) Digital audio players. (xi) Telephones and electronic communication equipment (including cellular phones and wireless Internet communication devices). (xii) Networking devices (including routers, network cards, modems, and hubs). (xiii) Audio equipment. (xiv) Portable video game systems. (xv) Personal digital assistants. (xvi) Portable global positioning system navigation devices. (xvii) Other used electronic products the Administrator determines to be similar under the procedures promulgated in accordance with subsection (c). (B) Exception The term covered electronic equipment (3) Restricted electronic waste (A) In general The term restricted electronic waste (i) items of covered electronic equipment that include, contain, are derived from, or consist of— (I) cathode ray tubes or cathode ray tube glass in any form, or cathode ray tube phosphor residues or dusts in any form; (II) a lamp or other device containing mercury phosphor; (III) batteries containing— (aa) lead, cadmium, or mercury; or (bb) organic solvents exhibiting the characteristic of ignitability, as defined in section 261.21 of title 40, Code of Federal Regulations; (IV) switches or any other devices containing mercury; (V) hexavalent chromium; (VI) other than batteries described in subclause (III), items containing antimony, barium, cadmium, lead, thallium, beryllium, arsenic, or selenium, including— (aa) circuit boards; (bb) printer drums; (cc) liquid crystal displays; (dd) flatscreen glass; and (ee) light emitting diodes; or (ii) any other covered electronic equipment, or materials derived therefrom, containing any other toxic material, in elemental or compound form, identified by the Administrator under subsection (c). (B) Exceptions The term restricted electronic waste (i) De minimis Covered electronic equipment described in subparagraphs (A)(i)(VI) and (A)(ii), including separated component streams (such as plastics or metals), which does not exceed de minimis levels set by the Administrator under subsection (d). (ii) Reuse Covered electronic equipment that is— (I) tested, pursuant to subsection (i)(1), prior to export and found to be— (aa) functional for the purpose for which the equipment was designed, or, in the case of multifunction devices, fully functional for at least one of the primary purposes for which the equipment was designed; and (bb) appropriately packaged for shipment to prevent the equipment from losing functionality due to damage during transit; and (II) appropriately labeled or marked pursuant to subsection (i)(3)(A). (iii) Certain cathode ray tube glass Furnace-ready cathode ray tube glass cullet, cleaned of all phosphors, that the competent authority in the importing country declares in writing is not waste, to be used as— (I) a direct feedstock in a lead-glass manufacturing furnace; or (II) another feedstock application that does not require further processing or preparation other than quality control. (iv) Warranties Customer returns, to point of sale, to original equipment manufacturers, or to contractual warranty collectors, of recently purchased covered electronic equipment— (I) that is either— (aa) under original equipment manufacturer warranty to customers; or (bb) under warranty from the original design manufacturer or original component manufacturer to the original equipment manufacturer, or otherwise returned by the original purchaser of the electronic equipment, due to defect or customer dissatisfaction, and the manufacturer accepts such returns for the purposes of repair or replacement in order to return to the customer a functional working product or part of the same type and model, except that products and parts covered in this item shall not include— (AA) covered electronic equipment accepted for return from individuals or businesses under general takeback, recycling, trade-in (for purposes of recycling, disposal, sales promotions, or obtaining credit for product purchases or leases) or buy-back programs, events, or policies designed to collect used or waste electronic equipment; (BB) covered electronic equipment returned at the end of leases to customers; or (CC) covered electronic equipment collected by asset recovery programs; and (II) where any export of such covered electronic equipment is to a country from whose competent authority the Administrator receives written consent pursuant to subsection (h)(1). (v) Recalls Recalls of covered electronic equipment by an original equipment manufacturer, original design manufacturer, or original component manufacturer where— (I) the covered electronic equipment is subject to recall notice issued by the Consumer Product Safety Commission or other pertinent Federal authority; (II) the original design manufacturer or original component manufacturer requires the defective covered electronic equipment to be physically returned to that manufacturer as a term of the warranty; and (III) any export of recalled covered electronic equipment is to a country from whose competent authority the Administrator receives written consent pursuant to subsection (h)(1). (4) Rule of construction regarding chemical elements Any reference to a chemical element shall be construed to be a reference to that element in compound or elemental form. (c) Additional covered electronic equipment and restricted materials Not later than 18 months after the date of enactment of this section, the Administrator shall, after notice and opportunity for public comment, and after consultation with appropriate Federal and State agencies, develop and promulgate procedures for identifying— (1) similar electronic equipment to add to the list of covered electronic equipment under subsection (b)(2); and (2) additional restricted toxic materials to add to the list in subsection (b)(3)(A)(ii), the presence of which in covered electronic equipment poses a potential hazard to human health or the environment. Such procedures shall include a method for any interested party to propose a new product or material for review by the Administrator. (d) De minimis levels Not later than 18 months after the date of enactment of this section, the Administrator shall, after notice and opportunity for public comment, and after consultation with appropriate Federal and State agencies, develop and promulgate procedures for identifying de minimis levels for restricted electronic waste described in subparagraphs (A)(i)(VI) and (A)(ii) of subsection (b)(3), below which such waste is determined by the Administrator not to pose a potential hazard to human health or the environment. (e) Countries to which prohibition applies The countries referred to in subsection (a) are all countries which are not— (1) members of the Organisation for Economic Co-operation and Development or the European Union; or (2) Liechtenstein. (f) Notice to administrator (1) In general Except as provided in paragraph (2), no person shall export covered electronic equipment described in subsection (b)(3)(B) to a country described in subsection (e) unless, not later than 60 days before the initial export shipment, such person transmits to the Administrator written notice of an intended export. Such a notification may cover export activities extending over a maximum of 12 months for the same type of covered electronic equipment, exported to the same facility via the same transit countries. The notification shall include the following information: (A) The name, mailing address, telephone number, and if applicable, the Environmental Protection Agency or Resource Conservation and Recovery Act identification number. (B) Documentation of licensing of the exporter under subsection (g). (C) The name and site address of the consignee and any alternate consignee. (D) A statement from the exporter that includes— (i) a description of the type and total quantity of covered electronic equipment that will be exported to the consignee; (ii) the estimated frequency or rate at which such covered electronic equipment is to be exported, and the period of time over which such covered electronic equipment is to be exported; (iii) all points of entry to and departure from each country through which the covered electronic equipment will pass in transit; (iv) a description of the means by which each shipment of the covered electronic equipment will be transported, including the mode of transportation and type or types of container; and (v) a description of the manner in which the covered electronic equipment will be treated, stored, or disposed of in the receiving country. (E) A list of all transit countries through which the covered electronic equipment will be transported, and a description of the approximate length of time the covered electronic equipment will remain in each country and the nature of its handling while there. (2) Exception The requirements of paragraph (1) shall not apply with respect to exports of covered electronic equipment described in subsection (b)(3)(B)(i), or exports of covered electronic equipment described in subsection (b)(3)(B)(ii). (g) Licenses In order to export covered electronic equipment to a country described in subsection (e) under the exceptions to restricted electronic waste in subsection (b)(3)(B), an entity shall obtain a license for such export that is issued by the Administrator in accordance with regulations issued under subsection (i)(2). (h) Additional Export Conditions (1) Warranties and Recalls (A) In general No person shall export covered electronic equipment to a country described in subsection (e) under the exceptions to restricted electronic waste in subsections (b)(3)(B)(iv) or (v) unless— (i) the export is made by an original equipment manufacturer or its contractual agent to the original design manufacturer or original component manufacturer’s site of last assembly, or to a company contracted to make warranty repairs, for the purposes of business credit to the original equipment manufacturer, repair or refurbishment and subsequent reuse, or replacement; (ii) the original equipment manufacturer has a presence and assets in the United States; and (iii) the person who exports the covered electronic equipment— (I) keeps copies of normal business records, such as contracts, demonstrating that each shipment of exported covered electronic equipment is intended for repair or refurbishment and subsequent reuse, or replacement, which documentation shall be retained for a period of at least 3 years after the date of export; and (II) submits an annual report to the Administrator on the amount and types of waste resulting from the refurbishment or replacement process, and how it was disposed of or recycled, which shall include— (aa) number and weight of units of products returned by the original equipment manufacturer for repair, refurbishment, or replacement listed by category and country of destination; and (bb) the covered electronic equipment, or materials derived therefrom, sent onward to further reuse, disposal, or recycling following repair, refurbishment, or replacement, listed by weight, a description of the wastes, and the ultimate country destination. (B) Acknowledgment of consent (i) Requirement No person shall export covered electronic equipment to a country described in subsection (e) under the exceptions to restricted electronic waste in subsections (b)(3)(B)(iv) or (v) until the Administrator— (I) obtains the written consent of the competent authority of the receiving country, and of each country through which the covered electronic equipment will pass in transit; and (II) transmits to the exporter an Acknowledgment of Consent reflecting receipt of each country’s consent. (ii) Country notification In cooperation with other appropriate agencies, the Administrator shall provide notification in writing of an intended export submitted under subsection (f) to the receiving country and any transit countries. (iii) Consent and exporter notification When the receiving country and all transit countries consent in writing to the receipt or transit of the covered electronic equipment, the Administrator shall transmit an Acknowledgment of Consent to the exporter. The consent from a receiving or transit country may be for a notice of multiple shipments or a specified duration as described in subsection (f). The exporter shall attach a copy of the Acknowledgment of Consent to the shipping papers or equivalent documents to ensure that the Acknowledgment of Consent accompanies the shipment of covered electronic equipment. (C) Withdrawal of consent Where the receiving country or a transit country objects to receipt or transit of the covered electronic equipment, or withdraws a prior consent, the Administrator shall notify the exporter in writing. (2) Reuse No person shall export covered electronic equipment to a country described in subsection (e) under the exception to restricted electronic waste in subsection (b)(3)(B)(ii) unless such covered electronic equipment is accompanied by documentation that is available for review, including— (A) documentation of licensing of the exporter under subsection (g); and (B) a declaration signed by an officer or designated representative of the exporter asserting that such equipment— (i) was tested, pursuant to subsection (i)(1), after it was removed from service, or after it was repaired or refurbished, and is functional in accordance with the requirements of subsection (b)(3)(B)(ii); and (ii) is being exported for the purpose of direct reuse, and not for recycling or final disposal. (3) De minimis exports No person shall export covered electronic equipment described in subsection (b)(3)(B)(i) unless such equipment is accompanied by documentation of licensing of the exporter under subsection (g). (4) Certain transactions In the case of a routed export transaction of covered electronic equipment under the exceptions to restricted electronic waste in subsection (b)(3)(B) where the exporter of record is a Foreign Principle Party in Interest (FFPI), then the U.S. Principle Party in Interest (USPPI) is responsible for compliance with the requirements of this section, including the licensing requirements under subsection (g). (i) Regulations Not later than 18 months after the date of enactment of this section, the Administrator shall issue regulations for carrying out this section, including the following: (1) Testing requirements for covered electronic equipment proposed to be exported pursuant to the exception to restricted electronic waste in subsection (b)(3)(B)(ii). (2) Establishing a process for licensing entities under subsection (g), including requirements that entities proposing to export covered electronic equipment under the exceptions to restricted electronic waste in subsection (b)(3)(B) must meet to obtain a license, including documentation that— (A) the exporter has an adequate physical presence in the United States, as determined by the Administrator, in order to be able to physically manage the equipment being exported; and (B) with respect to covered electronic equipment that is being exported for reuse pursuant to the exception to restricted electronic waste in subsection (b)(3)(B)(ii), the exporter has procedures and controls in place to ensure that adequate testing, pursuant to paragraph (1), will occur to determine the functionality of such equipment, in accordance with the requirements of such subsection (b)(3)(B)(ii). (3) In consultation with the appropriate Federal agency or agencies, provisions for an efficient export control regime which will allow for— (A) requiring a person exporting under this section to use appropriate labeling or marking, distinguishing among— (i) covered electronic equipment as permitted under this section; (ii) restricted electronic waste described in this section; and (iii) tested working covered electronic equipment as permitted under this section; and (B) enforcement mechanisms, tests, and procedures in coordination with enforcement procedures administered by other appropriate Federal agencies, including— (i) procedures to ensure that exports of covered electronic equipment under the exception to restricted electronic waste in subsection (b)(3)(B)(ii) without proper documentation required under subsection (h)(2) shall not proceed out of the port; and (ii) procedures whereby entities who obtain a license for export under subsection (g) will forfeit such license for violation of this section. (4) Establishing a registry of violators, whereby any person or entity found to be exporting restricted electronic waste in violation of this section shall be listed on a public registry on a website maintained by the Administrator for a period of 5 years after each violation. . (b) Table of contents amendment The table of contents for the Solid Waste Disposal Act is amended by adding after the item relating to section 3024 the following new item: Sec. 3025. Electronic waste export restrictions. . 3. Enforcement (a) Criminal penalties Section 3008(d) of the Solid Waste Disposal Act (42 U.S.C. 6928(d)) is amended— (1) by striking or (2) by inserting or (3) by inserting after paragraph (7) the following new paragraph: (8) knowingly exports restricted electronic waste in violation of section 3025; . (b) Inspections Section 3007(a) of the Solid Waste Disposal Act ( 42 U.S.C. 6927(a) (1) by inserting or restricted electronic wastes or has handled hazardous wastes (2) by inserting or restricted electronic wastes or other place where hazardous wastes 4. Critical minerals and rare earth elements recycling research (a) Definitions In this section: (1) Administrator The term Administrator (2) Critical Minerals The term critical mineral (A) Antimony. (B) Beryllium. (C) Cobalt. (D) Fluorspar. (E) Gallium. (F) Germanium. (G) Graphite. (H) Indium. (I) Magnesium. (J) Niobium. (K) Platinum group metals (PGMs). (L) Tantalum. (M) Tungsten. (N) Other elements identified by the Secretary as in critical supply. (3) Rare earth elements The term rare earth element (A) Scandium. (B) Yttrium. (C) Lanthanum. (D) Cerium. (E) Praseodymium. (F) Neodymium. (G) Promethium. (H) Samarium. (I) Europium. (J) Gadolinium. (K) Terbium. (L) Dysprosium. (M) Holmium. (N) Erbium. (O) Thulium. (P) Ytterbium. (Q) Lutetium. (4) Secretary The term Secretary (b) Research on critical minerals and rare earth elements in electronic devices The Secretary, in consultation with the Administrator and the heads of other appropriate Federal agencies, shall assist in, and coordinate the development of, research in the recovering and recycling of critical minerals and rare earth elements found in electronic devices. (c) Grants Not later than 120 days after the date of enactment of this Act, the Secretary shall establish a competitive research application program under which the Secretary shall provide grants to applicants to conduct research on one or more of the following activities: (1) The safe removal, separation, and recycling of critical minerals and rare earth elements from electronics. (2) Technology, component, and material design of electronics more suitable for disassembly and recycling of critical minerals and rare earth elements. (3) Collection, logistics, and reverse supply chain optimization as related to recycling critical minerals and rare earth elements from electronics. (d) Grant requirements The Secretary shall issue requirements for applying for grants under subsection (c).

Responsible Electronics Recycling Act

21st Century Veterans Benefits Delivery Act - Revises or adds provisions concerning the submission of veterans' claims for benefits administered through the Department of Veterans Affairs (VA), including by: modifying the Transition Assistance Program to enable online participation; adding a requirement to encourage claimants to use appropriate forms; requiring specified communications to users of the eBenefits website; extending through FY2020 VA authority for the retroactive dating of awards upon the filing of fully developed claims; requiring claim decisions to explain the benefits of filing claim appeals within 180 days; requiring the use of a specified VA form in regional offices for filing notices of disagreement with claim decisions; and requiring hearings before the Board of Veterans' Appeals to be conducted, as the Board considers appropriate or, upon request by an appellant, as the appellant considers appropriate, in person or through picture and voice transmission by electronic or other means. Revises or adds provisions concerning the practices of VA regional offices, including by: requiring the Comptroller General to complete an audit of Veterans Benefits Administration (VBA) regional offices, requiring the VA Secretary to complete a study on service-connected disabilities that worsen with age, extending the authority for the performance of medical disability examinations by contract physicians, requiring the Secretary to develop and implement a plan to establish a uniform mail processing and scanning system throughout the regional offices, requiring the VA Inspector General to conduct a review of the practices of regional offices regarding the use of suspense dates during the disability claim assessment process, requiring the Secretary to submit semiannual reports on progress in implementing the Veterans Benefits Management System, requiring the Secretary to submit an annual report on VBA capacity to process benefits claims, requiring the Secretary to include in each Monday Morning Workload Report the number of claims for benefits that have been received by a regional office and that are pending a decision, and requiring the Secretary to make the VA reports entitled "Appeals Pending" and "Appeals Workload By Station" available to the public on a VA website. Requires the Secretary of Defense (DOD), the Commissioner of Social Security, and the Archivist of the United States to appoint individuals to act as liaisons with the VA to expedite the timely provision to the VA Secretary of information required to process veterans benefits claims. Requires the DOD and VA Secretaries to jointly submit a report that sets forth a time line with milestones for achieving interoperability between DOD's and VA's electronic health records systems.

113 S2091 IS: 21st Century Veterans Benefits Delivery Act U.S. Senate 2014-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2091 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Heller Mr. Casey Mr. Moran Mr. Heinrich Mr. Vitter Mr. Tester Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the processing by the Department of Veterans Affairs of claims for benefits under laws administered by the Secretary of Veterans Affairs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the 21st Century Veterans Benefits Delivery Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Benefits claims submission Sec. 101. Modification of Transition Assistance Program to enable online participation. Sec. 102. Requirement to encourage claimants to use appropriate forms. Sec. 103. Required communications to users of eBenefits Internet website. Sec. 104. Extension of authority for retroactive date of awards for filing fully developed claims. Sec. 105. Requirement that decisions on claims explain benefits of filing appeals within 180 days. Sec. 106. Requirement to use Department of Veterans Affairs form 21–0958 in regional offices for filing of notices of disagreement. Sec. 107. Determination of manner of appearance for hearings before Board of Veterans' Appeals. TITLE II—Practices of regional offices Sec. 201. Required Comptroller General audit of regional offices of Veterans Benefits Administration. Sec. 202. Study on service-connected disabilities that worsen with age. Sec. 203. Improvements to authority for performance of medical disabilities examinations by contract physician. Sec. 204. Improvement of mail processing by Department of Veterans Affairs. Sec. 205. Review of practices of regional offices regarding use of suspense dates. Sec. 206. Semiannual reports on progress in implementing Veterans Benefits Management System. Sec. 207. Annual report on capacity of Veterans Benefits Administration to process benefits claims. Sec. 208. Increased transparency in Monday Morning Workload Report. Sec. 209. Reports on appeals of decisions on benefits claims. TITLE III—Government response Sec. 301. Increased cooperation across Government. Sec. 302. Report on interoperability between electronic health records systems of Department of Defense and Department of Veterans Affairs. I Benefits claims submission 101. Modification of Transition Assistance Program to enable online participation Section 1144 (f) Online curriculum (1) The Secretary of Labor, in conjunction with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs, shall take such actions and make such modifications to the eBenefits Internet website as may be necessary to ensure that members of the armed forces and spouses described in subsection (a)(1) can participate in the program carried out under this section through such Internet website. (2) An individual subject to a requirement under subsection (c) may not satisfy such requirement by participating in the program carried out under this section solely through an Internet website. . 102. Requirement to encourage claimants to use appropriate forms The Secretary of Veterans Affairs shall encourage each individual who is seeking to file a claim with the Secretary for a benefit under a law administered by the Secretary to file such claim using an appropriate form established by the Secretary for such purpose. 103. Required communications to users of eBenefits Internet website (a) Automated notification of resources The Secretary of Veterans Affairs shall take such measures as may be necessary so that whenever an individual establishes an account on the eBenefits Internet website of the Department of Veterans Affairs and Department of Defense an e-mail is sent to the individual that includes a description of the following: (1) The benefits of filing a fully developed claim. (2) Where the individual can go to obtain assistance in filing a fully developed claim, including the following: (A) The Department of Veterans Affairs. (B) An organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. (b) Alternate communication Whenever the Secretary sends a message to an individual through the eBenefits Internet website described in subsection (a), the Secretary shall also send such message to the individual through the use of a second medium selected by the individual, such as by telephone or by sending an e-mail to a private e-mail address of the individual. 104. Extension of authority for retroactive date of awards for filing fully developed claims Section 5110(b)(2)(C) the date that is three years after the date of the enactment of such Act September 30, 2020 105. Requirement that decisions on claims explain benefits of filing appeals within 180 days Section 5104(a) (1) by inserting (1) In the case (2) by striking the second sentence and inserting the following new paragraph: (2) The notice shall include the following: (A) An explanation of the procedure for obtaining review of the decision. (B) An explanation of the benefits of filing for review of the decision within 180 days. . 106. Requirement to use Department of Veterans Affairs form 21–0958 in regional offices for filing of notices of disagreement The Secretary of Veterans Affairs shall use Department of Veterans Affairs form 21–0958, or such other form as the Secretary may require, in each of the regional offices of the Department for purposes of filing notices of disagreement under section 7105(b) 107. Determination of manner of appearance for hearings before Board of Veterans' Appeals (a) In general Section 7107 (1) by striking subsection (e); (2) by redesignating subsections (d) and (f) as subsections (f) and (g), respectively; (3) by inserting after subsection (c) the following new subsections (d) and (e): (d) (1) Subject to paragraph (2), a hearing before the Board shall be conducted, as the Board considers appropriate— (A) in person; or (B) through picture and voice transmission, by electronic or other means, in such manner that the appellant is not present in the same location as the members of the Board during the hearing. (2) Upon request by an appellant, a hearing before the Board shall be conducted, as the appellant considers appropriate— (A) in person; or (B) through picture and voice transmission as described in paragraph (1)(B). (e) (1) In a case in which a hearing before the Board is to be conducted through picture and voice transmission as described in subsection (d)(1)(B), 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 through picture and voice transmission as described in subsection (d)(1)(B) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing. ; and (4) in subsection (f)(1), as redesignated by paragraph (2), by striking An appellant may request office of the Department In a case in which a hearing before the Board is to be conducted in person, the hearing shall 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. (b) Effective date The amendment 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. II Practices of regional offices 201. Required Comptroller General audit of regional offices of Veterans Benefits Administration (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 complete an audit of the regional offices of the Veterans Benefits Administration— (1) to assess the consistency of decisions being made with respect to claims for benefits under laws administered by the Secretary of Veterans Affairs; and (2) to identify ways in which the consistency of such decisions can be improved. (b) Identification of factors and best practices The audit conducted under subsection (a) shall include the following: (1) Identification of the factors, including management practices, that distinguish higher performing regional offices from other regional offices. (2) Identification of best practices employed by higher performing regional offices that distinguish the performance of such offices from other regional offices. (c) Report Not later than 90 days after the date on which the Comptroller General completes the audit required by subsection (a), the Comptroller General shall submit to Congress a report on the results of the audit. 202. Study on service-connected disabilities that worsen with age (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a study on covered disabilities using historical data regarding service-connected disabilities. (b) Covered disabilities For purposes of the study required by subsection (a), a covered disability is a service-connected disability that the Secretary determines is of a type or class of disability or condition that the Secretary determines is a type or class of disability or condition that, for individuals with such type or class of disability, the average impairment of earning capacity resulting from such disability or condition increases as the individual with such disability or condition ages. (c) Matters covered The study required by subsection (a) shall include the following: (1) Analysis of historical statistics and information related to the progressive nature of covered disabilities, in terms of increased impairment of earning capacity caused by the disabilities. (2) Development of recommendations for legislative and administrative action that use statistics and information described in paragraph (1) to adjudicate more quickly claims for increased disability compensation and disability compensation claims of veterans who had specific military occupation specialties when serving in the Armed Forces. (d) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study required by subsection (a), including the findings of the Secretary with respect to such study. (e) Public comment The Secretary shall— (1) make the report submitted under paragraph (1) available to the public; and (2) seek comments from the public, including from veterans service organizations, veterans, and medical professionals, on the recommendations developed under subsection (c)(2). (f) Proposal (1) In general Not later than 180 days after submitting the report under subsection (d), the Secretary shall develop and submit to Congress a proposal for conduct of a pilot program to assess the feasibility and advisability of carrying out the recommendations developed under subsection (c)(2). (2) Input In developing the proposal required by paragraph (1), the Secretary shall consider the comments received under subsection (e)(2). (3) Limitation The Secretary may not conduct the pilot program proposed under paragraph (1) or any portion of such proposal except pursuant to provisions of law enacted after the date of the receipt by Congress of such proposal. (g) Veterans service organization defined In this section, the term veterans service organization 203. Improvements to authority for performance of medical disabilities examinations by contract physician (a) Extension of temporary authority Subsection (c) of section 704 of the Veterans Benefits Act of 2003 ( 38 U.S.C. 5101 December 31, 2014 December 31, 2016 (b) Licensure of contract physicians (1) Temporary authority Such section 704 is further amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): (d) Licensure of contract physicians (1) In general Notwithstanding any law regarding the licensure of physicians, a physician described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (b) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract. (2) Physician described A physician described in this paragraph is a physician who— (A) has a current license to practice the health care profession of the physician; and (B) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (b). . (2) Pilot program Section 504 of the Veterans’ Benefits Improvement Act of 1996 ( 38 U.S.C. 5101 (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b) the following new subsection (c): (c) Licensure of contract physicians (1) In general Notwithstanding any law regarding the licensure of physicians, a physician described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract. (2) Physician described A physician described in this paragraph is a physician who— (A) has a current license to practice the health care profession of the physician; and (B) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (a). . (c) Expansion of pilot program Subsection (b) of such section 504 is amended to read as follows: (b) Locations (1) Number The Secretary may carry out the pilot program under this section through not more than 15 regional offices of the Department of Veterans Affairs. (2) Selection The Secretary shall select the regional offices under paragraph (1) by analyzing appropriate data to determine the regional offices that require support. Such appropriate data shall include— (A) the number of backlogged claims; (B) the total pending case workload; (C) the length of time cases have been pending; (D) the accuracy of completed cases; (E) the overall timeliness of completed cases; (F) the availability and workload of the examination units and physicians of the medical centers in the regional office; and (G) any other data the Secretary determines appropriate. (3) Annual analysis The Secretary shall carry out the data analysis of the regional offices under paragraph (2) during each year in which the program under this section is carried out to determine the regional offices selected under paragraph (1) for such year. . 204. Improvement of mail processing by Department of Veterans Affairs Not later than the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a plan to establish a uniform mail processing and scanning system throughout the regional offices of the Veterans Benefits Administration. 205. Review of practices of regional offices regarding use of suspense dates (a) Review required Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall conduct a review of the practices of regional offices of the Department regarding the use of suspense dates during the disability claim assessment process. (b) Report Not later than 270 days after the date of the enactment of this Act, the Inspector General of the Department shall submit to Congress a report on the findings of the Inspector General with respect to the review conducted under subsection (a). 206. Semiannual reports on progress in implementing Veterans Benefits Management System (a) In general Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 180 days thereafter until the Inspector General of the Department of Veterans Affairs certifies to Congress that the Veterans Benefits Management System is implemented and fully functional, the Secretary of Veterans Affairs shall submit to Congress a report on the progress of the Secretary in implementing the Veterans Benefits Management System. (b) Contents The report required by subsection (a) shall include the following: (1) An assessment of the current functionality of the Veterans Benefits Management System, including whether each component of the system is fully functional, partially functional, or not functional. (2) For each component of the system that is partially functional or not functional, an estimate of the date by which the Secretary expects the component to be fully functional. (3) Recommendations submitted to the Secretary by employees of the Department of Veterans Affairs who are involved in processing claims for benefits under laws administered by the Secretary, including veteran service representatives, rating veteran service representatives, and decision review officers, for such legislative or administrative action as the employees consider appropriate to improve the processing of such claims. 207. Annual report on capacity of Veterans Benefits Administration to process benefits claims (a) In general Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the capacity of the Veterans Benefits Administration to process claims for benefits under laws administered by the Secretary during the next one-year period. (b) Contents Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of claims for benefits under laws administered by the Secretary that the Secretary expects the Veterans Benefits Administration to process. (2) The number of full-time equivalent employees of the Veterans Benefits Administration who are dedicated to processing such claims. (3) An estimate of the number of such claims a single full-time equivalent employee of the Administration can process in a year. (4) An assessment of whether the Administration requires additional or fewer full-time equivalent employees to process such claims during the next 1-year, 5-year, and 10-year periods. (c) Public availability The Secretary shall make the report required by subsection (a) available to the public on an Internet website of the Department of Veterans Affairs. 208. Increased transparency in Monday Morning Workload Report (a) Disaggregation of claims by decisions requiring disability rating The Secretary of Veterans Affairs shall include in each Monday Morning Workload Report published by the Secretary the number of claims for benefits under laws administered by the Secretary that have been received by a regional office of the Department of Veterans Affairs and are pending a decision, disaggregated by— (1) whether the claim has been pending for more than 125 days; and (2) whether the claim requires a decision concerning a disability rating. (b) Inclusion of information on assignment of partial ratings The Secretary of Veterans Affairs shall include in each Monday Morning Workload Report published by the Secretary in the portion of the report entitled Transformation Aggregate (c) Report on fully developed claims The Secretary of Veterans Affairs shall include in each Monday Morning Workload Report published by the Secretary the following: (1) The total number of fully developed claims for benefits under laws administered by the Secretary that— (A) have been received by a regional office of the Department of Veterans Affairs; and (B) are pending a decision. (2) The total number of such claims that have been pending for more than 125 days, disaggregated by station. 209. Reports on appeals of decisions on benefits claims (a) Public availability The Secretary of Veterans Affairs shall make the reports of the Department of Veterans Affairs entitled Appeals Pending Appeals Workload By Station (b) Appeals granted by station The Secretary shall include in one of the reports described in subsection (a) the percentage of appeals granted by station. III Government response 301. Increased cooperation across Government (a) Appointment of liaisons (1) Department of Defense The Secretary of Defense shall appoint individuals as follows: (A) At least one individual to act as a liaison under this section between the Department of Defense and the Department of Veterans Affairs. (B) At least one individual for each of the reserve components of the Armed Forces to act as a liaison under this section between the respective component of the Armed Forces and the Department of Veterans Affairs. (2) Social Security Administration The Commissioner of Social Security shall appoint at least one individual to act as a liaison under this section between the Social Security Administration and the Department of Veterans Affairs. (3) National Archives and Records Administration The Archivist of the United States shall appoint at least one individual to act as a liaison under this section between the Social Security Administration and the Department of Veterans Affairs. (b) Duties of liaisons Each individual acting as a liaison under this section shall expedite the timely provision to the Secretary of Veterans Affairs of such information as the Secretary requires to process claims submitted to the Secretary for benefits under laws administered by the Secretary. (c) Procedures (1) In general The Secretary of Veterans Affairs, the Secretary of Defense, the Commissioner of Social Security, and the Archivist of the United States shall jointly develop and implement procedures to improve the timely provision to the Secretary of Veterans Affairs of such information as the Secretary requires to process claims submitted to the Secretary for benefits under laws administered by the Secretary. (2) Timely provision The procedures developed and implemented under paragraph (1) shall ensure that the information provided to the Secretary of Veterans Affairs is provided to the Secretary not later than 30 days after the date on which the Secretary requests the information. (d) Annual reports Not less frequently than once each year, the Secretary of Veterans Affairs shall submit to Congress a report on— (1) the requests for information made by the Secretary during the most recent one-year period for information from the Secretary of Defense, the Commissioner of Social Security, and the Archivist of the United States required by the Secretary of Veterans Affairs to process claims submitted to the Secretary for benefits under laws administered by the Secretary; and (2) the timeliness of responses to such requests. 302. Report on interoperability between electronic health records systems of Department of Defense and Department of Veterans Affairs Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report that sets forth a timeline with milestones for achieving interoperability between the electronic health records systems of the Department of Defense and the Department of Veterans Affairs.

21st Century Veterans Benefits Delivery Act

Opioid Overdose Reduction Act of 2014 - Exempts from liability for harm caused by the emergency administration of an opioid overdose drug: a health care professional who prescribes or provides such a drug to an individual at risk of experiencing an opioid overdose, or to another person in a position to assist such individual, if the individual has been educated about opioid overdose prevention and treatment by the health care professional or as part of a government opioid overdose program; a person who provides such a drug for emergency administration to an individual authorized to receive it as part of an opioid overdose program; and a person who provides for emergency administration of such a drug to an individual who reasonably appears to have suffered an overdose from heroin or another opioid if such person obtained such drug from a health care professional or as part of an opioid overdose program and was educated by such professional or program in the proper administration of such drug. Makes such exemptions inapplicable if the harm was caused by gross negligence or reckless misconduct.

113 S2092 IS: Opioid Overdose Reduction Act of 2014 U.S. Senate 2014-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2092 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Markey Committee on the Judiciary A BILL To provide certain protections from civil liability with respect to the emergency administration of opioid overdose drugs. 1. Short title This Act may be cited as the Opioid Overdose Reduction Act of 2014 2. Findings and purpose (a) Findings Congress finds the following: (1) Overdoses from opioids have increased dramatically in the United States. (2) Deaths from drug overdose, largely from prescription pain relievers, have tripled among men and increased fivefold among women over the past decade. (3) Nationwide, drug overdoses now claim more lives than car accidents. (4) Death from heroin and other opioid overdoses can be prevented if the person who overdosed is timely administered an opioid overdose drug. (5) Medical personnel as well as non-medical personnel can be trained to administer opioid overdose drugs safely and effectively. (6) Several States, including Massachusetts, have established programs allowing for the administration of opioid overdose drugs by non-medical personnel, and those programs have saved lives. (7) The willingness of medical and non-medical personnel to administer opioid overdose drugs may be deterred by potential civil liability, and the willingness of physicians to prescribe opioid overdose drugs to persons other than a patient may also be deterred by potential civil liability. (b) Purpose The purpose of this Act is to save the lives of people who intentionally or inadvertently overdose on heroin or other opioids by providing certain protections from civil liability with respect to the emergency administration of opioid overdose drugs. 3. Definitions In this Act— (1) the term health care professional (2) the term opioid overdose drug (3) the term opioid overdose program 4. Preemption and election of State nonapplicability (a) Preemption Except as provided in subsection (b), this Act preempts the law of a State to the extent that such law is inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to the administration of opioid overdose drugs or that shields from liability any person who provides or administers opioid overdose drugs. (b) Election of State regarding nonapplicability Sections 5, 6, and 7 shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if— (1) all parties to the civil action are citizens of the State in which such action is brought; and (2) the State enacts legislation in accordance with State requirements for enacting legislation— (A) citing the authority of this subsection; (B) declaring the election of the State that such sections 5, 6, and 7 shall not apply, as of a date certain, to any civil actions covered by this Act; and (C) containing no other provisions. 5. Limitation on civil liability for health care professionals who provide opioid overdose drugs (a) In general Notwithstanding any other provision of law, a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose, or who prescribed or provided an opioid overdose drug to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose, shall not be liable for harm caused by the use of the opioid overdose drug if the individual to whom such drug is prescribed or provided has been educated about opioid overdose prevention and treatment by the health care professional or as part of an opioid overdose program. (b) Exception Subsection (a) shall not apply to a health care professional if the harm was caused by the gross negligence or reckless misconduct of the health care professional. 6. Limitation on civil liability for individuals working for or volunteering at a state or local agency opioid overdose program (a) In General Notwithstanding any other provision of law, except as provided in subsection (b), no individual who provides an opioid overdose drug shall be liable for harm caused by the emergency administration of an opioid overdose drug by another individual if the individual who provides such drug— (1) works for or volunteers at an opioid overdose program; and (2) provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug. (b) Exception Subsection (a) shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug. 7. Limitation on civil liability for individuals who administer opioid overdose drugs (a) In general Notwithstanding any other provision of law, except as provided in subsection (b), no individual shall be liable for harm caused by the emergency administration of an opioid overdose drug to an individual who has or reasonably appears to have suffered an overdose from heroin or other opioid, if— (1) the individual who administers the opioid overdose drug obtained the drug from a health care professional or as part of an opioid overdose program; and (2) was educated by the health care professional or an opioid overdose program in the proper administration of the opioid antagonist drug. (b) Exception Subsection (a) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug.

Opioid Overdose Reduction Act of 2014

Civil Liberties Protection Act - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to modify the purposes for which the Federal Bureau of Investigation (FBI) is authorized to apply to a FISA court for an order requiring the production of tangible things (commonly referred to as "business records"). Authorizes the FBI to apply for such a production order for an investigation to protect against international terrorism, clandestine intelligence activities, or the proliferation of weapons of mass destruction (thus removes the FBI's authority to apply for such an order for an investigation to obtain foreign intelligence information not concerning a U.S. person and adds authority with respect to the proliferation of weapons of mass destruction). Authorizes such production order applications for certain related preparation activities. Requires applications for such production orders to include specific and articulable facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation of a specific individual. (Currently, a general statement of facts must only show that the tangible things are relevant to an authorized investigation without specifying whether the investigation is limited to a specific individual.) Directs the National Security Agency (NSA) to report to Congress regarding its plans for: (1) purging the NSA telephony metadata database of information that does not comply with such revised FISA production order standards, and (2) retaining information relating to ongoing lawsuits. Prohibits tangible things received by the FBI in response to a production order, or any database of such tangible things, from being stored by a private entity or transferred to a private entity for storage. Prohibits officers or employees of the United States from issuing a national security letter (a request to access certain communication service provider records or to obtain specified information from financial institutions or consumer reports) unless the FISA court, a U.S. district court, or a U.S. magistrate judge issues an order approving an application for such a letter with a finding of specific and articulable facts that the information sought is relevant and material to an authorized investigation to protect against international terrorism or clandestine intelligence activities. Sets forth an exception under which the requirement to obtain an order approving an application for a national security letter (as a prerequisite to the issuance of such a letter) is inapplicable if the Attorney General (DOJ): (1) reasonably determines that the factual basis exists for the issuance of the letter, (2) reasonably determines that an emergency situation exists with respect to the issuance of the letter before an order approving an application for such letter can be obtained with due diligence, (3) informs the court or judge of the decision to issue the letter at the time such decision is made, and (4) makes an application to the court or judge for approval of the issuance within seven days after the Attorney General's decision to issue such letter. Revises minimization procedures and nondisclosure requirements with respect to orders approving the production of tangible things and the issuance of national security letters. Limits the period of time during which certain orders and related requirements may remain in effect.

113 S2093 IS: Civil Liberties Protection Act U.S. Senate 2014-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2093 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Walsh Committee on the Judiciary A BILL To amend the Foreign Intelligence Surveillance Act of 1978 to modify the purposes of authorized collection of business records and to prohibit the bulk collection of metadata, to require judicial review of national security letters, and for other purposes. 1. Short title This Act may be cited as the Civil Liberties Protection Act 2. Authorized purposes for collection of business records for certain investigations (a) In general Subsection (a)(1) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by striking to obtain clandestine intelligence activities to protect against international terrorism, clandestine intelligence activities, or the proliferation of weapons of mass destruction, or activities in preparation therefor, (b) Applications Subsection (b)(2)(A) of such section is amended by striking to obtain clandestine intelligence activities to protect against international terrorism, clandestine intelligence activities, or the proliferation of weapons of mass destruction, or activities in preparation therefor, (c) Conforming amendment The heading of such section is amended by striking foreign intelligence and international terrorism investigations international terrorism and certain other investigations 3. Prohibition on bulk collection of metadata (a) In general Subsection (b)(2)(A) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861), as amended by section 2(b) of this Act, is further amended— (1) by inserting specific and articulable facts showing (2) by inserting of a specific individual (other than a threat assessment) (b) Findings authorizing orders Subsection (c)(1) of such section 501 is amended by striking and (b), and (b), and is reasonable in focus, scope, and breadth in the requested production of materials pertaining to the specific individual, (c) Report on telephony metadata database (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of the National Security Agency shall submit to Congress a report on the plans of the Agency for the telephony metadata database of the Agency. (2) Elements The report shall include the following: (A) The plans of the Agency for complying with the requirements of section 501 of the Foreign Intelligence Surveillance Act of 1978, as amended by subsection (a), with respect to the telephony metadata database of the Agency, including plans for transitioning to a database containing information that, except as described in subparagraph (B), contains only information which complies with such requirements, as so amended, and is purged of information that does not so comply. (B) The plans of the Agency for retaining information in the database relating to on-going lawsuits with respect to the database. 4. Modification of requirements and authorities relating to nondisclosure requirements in requests for access to business records for international terrorism and certain other investigations (a) Judicial approval required for original imposition of nondisclosure requirements Subsection (d) of section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 (1) in paragraph (1), by striking No person Subject to paragraph (2), no person (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph (2): (2) Nondisclosure requirements may be included in an order under this section only if the judge entering the order finds that there are reasonable grounds to believe that a violation of such nondisclosure requirements would— (A) significantly threaten national security; (B) interfere with an ongoing investigation; (C) endanger the life or physical safety of any person; or (D) impair diplomatic relations. . (b) Effective period of nondisclosure requirements Such subsection is further amended by adding at the end the following new paragraph: (4) Nondisclosure requirements under this subsection— (A) may not be effective for a period of more than 180 days; and (B) may be renewed for additional 180-day periods if a judge serving in the pool established by section 103(a) cannot make a finding described in subsection (f)(2)(C)(i) with respect to such nondisclosure requirements at the time of such renewal. . (c) Judicial review of nondisclosure requirements after issuance Subsection (f)(2)(C) of such section is amended— (1) in clause (i), by striking may endanger may significantly threaten national security, interfere with an ongoing investigation, endanger the life of physical safety of any person, or impair diplomatic relations. (2) by striking clause (ii); (3) by redesignating clause (iii) as clause (ii); and (4) in clause (ii), as redesignated by paragraph (3), by striking 1 year 180 days 5. Prohibition on transfer or storage of tangible things derived from access to business records for international terrorism and certain other investigations to private entities Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 (i) Prohibition on transfer or storage of tangible things to or with private entities No tangible thing received by the Federal Bureau of Investigation in response to an order under this section, or any database of such tangible things, may be stored by a private entity or transferred to a private entity for storage. . 6. Limitations on national security letters (a) Definitions (1) FISA Court The term FISA Court 50 U.S.C. 1803(a) (2) Minimization procedures The term minimization procedures 50 U.S.C. 1861(g)(2) (3) National security letter The term national security letter (A) section 2709 (B) section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 (C) section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 (D) section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u (E) section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v (4) United States person The term United States person 50 U.S.C. 1801(i) (b) Judicial review (1) In general Except as provided in subsection (c), no officer or employee of the United States may issue a national security letter unless the FISA Court, a United States district court, or a United States Magistrate judge issues an order approving an application for the national security letter. (2) Review of application The FISA Court, a United States district court, or a United States Magistrate judge may not issue an order approving an application for a national security letter unless such court or judge finds that— (A) there are specific and articulable facts giving reason to believe that the information sought by the national security letter is relevant and material to an authorized investigation to protect against international terrorism or clandestine intelligence activities; (B) the national security letter is reasonable in scope, focus, and breadth; and (C) such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States. (3) Minimization procedures An order approving an application for a national security letter issued under this subsection shall set out the minimization procedures that apply to the national security letter. (4) Judicial approval required for original imposition of nondisclosure requirements A national security letter may contain nondisclosure requirements only if the FISA Court, a United States district court, or a United States Magistrate judge finds that there are reasonable grounds, relevant to the authorized investigation concerned, to believe that a violation of the nondisclosure requirements would— (A) significantly threaten national security; (B) interfere with an ongoing investigation; (C) endanger the life or physical safety of any person; or (D) impair diplomatic relations. (c) Exception for emergency situations (1) In general Except as provided in paragraph (2), the requirement for an order approving an application for a national security letter under subsection (b) shall not apply if the Attorney General— (A) reasonably determines that the factual basis for the issuance of the national security letter exists; (B) reasonably determines that an emergency situation exists with respect to the issuance of a national security letter before an order approving an application for the national security letter can with due diligence be obtained; (C) informs, either personally or through a designee, the FISA Court, a United States district court, or a United States Magistrate judge of the decision to issue the national security letter at the time the decision is made; and (D) makes an application for approval of the issuance of the national security letter to the FISA Court, a United States district court, or a United States Magistrate judge in accordance with subsection (b) as soon as practicable, but not later than 7 days after the Attorney General decides to issue the national security letter. (2) Minimization procedures Any national security letter issued pursuant to this subsection shall comply with and include applicable minimization procedures. (3) Termination A national security letter issued pursuant to this subsection, and any nondisclosure requirements included in the national security letter, shall terminate upon the earlier of the following: (A) When information sought by the national security letter is obtained. (B) In the event an application for approval of the issuance of the national security letter described in paragraph (1)(D) is made, when the application is denied. (C) The date that is seven days after the date of the decision of the Attorney General to issue the national security letter. (4) Annual reports on issuance The Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives each year a report on the national security letters issued pursuant to this subsection during the preceding year, including a statement of the number of national security letters so issued during such year. (d) Nondisclosure requirements (1) Disclosure for compliance or legal assistance (A) Disclosure authorized A recipient of a national security letter containing nondisclosure requirements may disclose receipt of the national security letter to persons necessary to comply with the national security letter or an attorney to obtain legal advice or legal assistance with respect to the national security letter. (B) Notice during disclosure of applicability of nondisclosure requirements A recipient disclosing receipt of a national security letter to persons or an attorney pursuant to subparagraph (A) shall inform such persons or attorney of the nondisclosure requirements contained in the national security letter. (C) Compliance with nondisclosure requirements Any person or attorney who receives a disclosure under subparagraph (A) shall be subject to the nondisclosure requirements contained in the national security letter concerned. (2) Limitation on effective period (A) Initial effective period Except as provided in section 3511(b) (B) Extensions Subsection (b) of section 3511 (b) (1) Upon the expiration pursuant to section 6(d)(2)(A) of the Civil Liberties Protection Act of the initial period of effectiveness of nondisclosure requirements imposed in connection with a request for records, a report, or other information under section 2709(b) of this title, section 626(a) or 627(a) of the Fair Credit Reporting Act, section 1154(a)(5)(A) of the Right to Financial Privacy Act or section 802(a) of the National Security Act of 1947, the Attorney General may petition the United States district court for the district in which the recipient of the request does business or resides for an extension of the period of effectiveness of the nondisclosure requirements for not more than 180 days. (2) Upon petition by the Attorney General pursuant to paragraph (1), the court may grant an extension of the period of effectiveness of nondisclosure requirements described in that paragraph for not more than 180 days if the court finds that there are reasonable grounds, relevant to the authorized investigation to protect against international terrorism or clandestine intelligence activities concerned, to believe that a violation of the nondisclosure requirements would— (A) significantly threaten national security; (B) interfere with an ongoing investigation; (C) endanger the life or physical safety of any person; or (D) impair diplomatic relations. (3) Any extension of the period of effectiveness of nondisclosure requirements under paragraph (2) may be extended for additional periods of not more than 180 days each in accordance with the provisions of this subsection. (4) The Attorney General shall notify the recipient of a request described in paragraph (1) that contains nondisclosure requirements of each petition for the extension of the period of effectiveness of such nondisclosure requirements that is filed by the Attorney General under this subsection. . (e) Use of information (1) Information concerning a United States person No information acquired pursuant to a national security letter concerning a United States person may be used in violation of the minimization procedures adopted pursuant to subsection (b)(3) or required pursuant to subsection (c)(2), as applicable. (2) Certain information obtained during emergencies (A) In general In the case of a national security letter issued pursuant to subsection (c), if the application for approval of issuance described in paragraph (1)(D) of that subsection is denied or if the production of information is terminated without the issuance of an order of approval, no information obtained or evidence derived from the national security letter shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or any authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such production shall subsequently be used or disclosed in any other manner by any officer or employee of the United States without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (B) Assessment of compliance The Attorney General shall assess and ensure compliance with the limitations in subparagraph (A). (3) Privileged No otherwise privileged information acquired pursuant to a national security letter shall lose its privileged character. (4) Lawful purposes No information acquired pursuant to a national security letter may be used or disclosed by officers or employees of the United States except for lawful purposes. 7. Effective date This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.

Civil Liberties Protection Act

Vessel Incidental Discharge Act - (Sec. 4) Requires Department of Homeland Security (DHS) to: establish and implement enforceable uniform national standards for the regulation of discharges incidental to the normal operation of a vessel into navigable waters; issue a rule establishing best management practices for discharges incidental to the normal operation of a vessel other than ballast water within two years; complete a review to determine the feasibility of achieving the ballast water performance standard at least two years before January 1, 2022; and issue a rule to revise the standard so that a ballast water discharge will contain less than specified concentrations of living organisms, indicator microbes, and viruses by January 1, 2022. (Ballast water is any water taken aboard a vessel to control trim, list, draught, stability, or stresses of the vessel, or during the operation of a ballast water treatment technology of the vessel. A treatment technology includes any mechanical, physical, chemical, or biological process used to remove, render harmless, or avoid the uptake or discharge of aquatic nuisance species within ballast water.) (Sec. 5) Deems the management requirements for a ballast water discharge incidental to the normal operation of a vessel to be those set forth in the final rule, "Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters" (March 23, 2012), as corrected (June 8, 2012) until DHS revises the ballast water performance standard or adopts a more stringent state standard pursuant to this Act. Applies the revised ballast water performance standard to a vessel on the first dry docking of the vessel on or after January 1, 2022, but no later than December 31, 2024. Allows DHS to establish a deadline for compliance by a vessel (or a class, type, or size of vessel) with a revised ballast water performance standard. Provides a process for petitioning for an extension of a deadline, including factors to be considered. Requires DHS to accelerate an implementation deadline if a treatment technology can be implemented before the deadline date. Requires DHS to review and revise the ballast water performance standard if the revision would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species. Requires DHS to conduct the review 10 years after the issuance of the revised rule and every 10 years thereafter. Authorizes DHS to include in the review best management practices for discharges other than ballast water. Requires DHS to revise the practices if the revision would substantially reduce the impacts on navigable waters of discharges incidental to the normal operation of a vessel other than ballast water. (Sec. 6) Prohibits manufacturers of ballast water treatment technology from selling, introducing, delivering for interstate commerce, or importing such technology for sale unless it has been certified under this Act. Sets forth a certification process. Directs DHS to require the use of ballast water treatment technology that achieves the performance levels of the best treatment technology available if no treatment technology can be certified to comply with the revised ballast water standard. Directs DHS to revise a ballast water performance standard for a class of vessels to incorporate any existing higher performance standard. Prohibits DHS from approving a ballast water treatment technology if it uses a biocide or generates a biocide: (1) that is a pesticide, unless the biocide is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) or DHS, in consultation with the Environmental Protection Agency (EPA), has approved the use of the biocide in the technology; or (2) the discharge of which causes or contributes to a violation of a water quality standard under the Federal Water Pollution Control Act (commonly known as the Clean Water Act.) (A biocide is a substance or organism that is introduced into or produced by a treatment technology to reduce or eliminate aquatic nuisance species.) Prohibits the use of a ballast water treatment technology by an owner or operator of a vessel from satisfying this Act's requirements unless it has been certified by DHS, is a technology being evaluated under the Coast Guard Shipboard Technology Evaluation Program, or a technology certified by foreign entities with requirements equivalent to those in this Act. (Sec. 7) Sets forth exemptions from permit requirements, prohibitions of any other law, and discharge standards under this Act for specified discharges and vessels. (Sec. 8) Authorizes DHS to promulgate regulations establishing alternative programs for compliance with ballast water discharge regulations for specified vessels. Directs the EPA to promulgate standards for: (1) the reception of ballast water from a vessel into a reception facility, and (2) the disposal or treatment of such ballast water. (Sec. 11) Establishes this Act as the exclusive statutory authority for federal regulation of discharges incidental to the normal operation of a vessel to which this Act applies.

113 S2094 IS: Vessel Incidental Discharge Act U.S. Senate 2014-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2094 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Begich Mr. Rubio Ms. Ayotte Mr. Blunt Mr. Boozman Mr. Casey Mr. Cochran Ms. Collins Ms. Hirono Ms. Landrieu Mrs. McCaskill Mr. Markey Ms. Murkowski Mr. Nelson Mr. Pryor Mr. Rockefeller Mr. Schatz Mr. Thune Mr. Toomey Mr. Vitter Ms. Warren Mr. Wicker Committee on Commerce, Science, and Transportation A BILL To provide for the establishment of nationally uniform and environmentally sound standards governing discharges incidental to the normal operation of a vessel. 1. Short title; table of contents (a) Short title This Act may be cited as the Vessel Incidental Discharge 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; purpose. Sec. 3. Definitions. Sec. 4. Regulation and enforcement. Sec. 5. Uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel. Sec. 6. Treatment technology certification. Sec. 7. Exemptions. Sec. 8. Alternative compliance program. Sec. 9. Judicial review. Sec. 10. Effect on State authority. Sec. 11. Application with other statutes. 2. Findings; purpose (a) Findings Congress makes the following findings: (1) Beginning with enactment of the Act to Prevent Pollution from Ships in 1980 (22 U.S.C. 1901 et seq.), the United States Coast Guard has been the principal Federal authority charged with administering, enforcing, and prescribing regulations relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation. (2) The Coast Guard estimates there are approximately 21,560,000 State-registered recreational vessels, 75,000 commercial fishing vessels, and 33,000 freight and tank barges operating in United States waters. (3) From 1973 to 2005, certain discharges incidental to the normal operation of a vessel were exempted by regulation from otherwise applicable permitting requirements. (4) Over the 32 years during which this regulatory exemption was in effect, Congress enacted statutes on a number of occasions dealing with the regulation of discharges incidental to the normal operation of a vessel, including— (A) the Act to Prevent Pollution from Ships ( 33 U.S.C. 1901 et seq. (B) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.); (C) the National Invasive Species Act of 1996 (110 Stat. 4073); (D) section 415 of the Coast Guard Authorization Act of 1998 (112 Stat. 3434) and section 623 of the Coast Guard and Maritime Transportation Act of 2004 (33 U.S.C. 1901 note), which established interim and permanent requirements, respectively, for the regulation of vessel discharges of certain bulk cargo residue; (E) title XIV of division B of Appendix D of the Consolidated Appropriations Act, 2001 (114 Stat. 2763), which prohibited or limited certain vessel discharges in certain areas of Alaska; (F) section 204 of the Maritime Transportation Security Act of 2002 ( 33 U.S.C. 1902a (G) title X of the Coast Guard Authorization Act of 2010 ( 33 U.S.C. 3801 et seq. (b) Purpose The purpose of this Act is to provide for the establishment of nationally uniform and environmentally sound standards and requirements for the management of discharges incidental to the normal operation of a vessel. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Aquatic nuisance species The term aquatic nuisance species (3) Ballast water (A) In general The term ballast water (i) to control trim, list, draught, stability, or stresses of the vessel; or (ii) during the cleaning, maintenance, or other operation of a ballast water treatment technology of the vessel. (B) Exclusions The term ballast water (4) Ballast water performance standard The term ballast water performance standard section 151.2030 section 151.1511 (5) Ballast water treatment technology or treatment technology The term ballast water treatment technology treatment technology (6) Biocide The term biocide (7) Discharge incidental to the normal operation of a vessel (A) In general The term discharge incidental to the normal operation of a vessel (i) a discharge into navigable waters from a vessel of— (I) (aa) ballast water, graywater, bilge water, cooling water, oil water separator effluent, anti-fouling hull coating leachate, boiler or economizer blowdown, byproducts from cathodic protection, controllable pitch propeller and thruster hydraulic fluid, distillation and reverse osmosis brine, elevator pit effluent, firemain system effluent, freshwater layup effluent, gas turbine wash water, motor gasoline and compensating effluent, refrigeration and air condensate effluent, seawater pumping biofouling prevention substances, boat engine wet exhaust, sonar dome effluent, exhaust gas scrubber washwater, or stern tube packing gland effluent; or (bb) any other pollutant associated with the operation of a marine propulsion system, shipboard maneuvering system, habitability system, or installed major equipment, or from a protective, preservative, or absorptive application to the hull of a vessel; (II) weather deck runoff, deck wash, aqueous film forming foam effluent, chain locker effluent, non-oily machinery wastewater, underwater ship husbandry effluent, welldeck effluent, or fish hold and fish hold cleaning effluent; or (III) any effluent from a properly functioning marine engine; or (ii) a discharge of a pollutant into navigable waters in connection with the testing, maintenance, or repair of a system, equipment, or engine described in subclause (I)(bb) or (III) of clause (i) whenever the vessel is waterborne. (B) Exclusions The term discharge incidental to the normal operation of a vessel (i) a discharge into navigable waters from a vessel of— (I) rubbish, trash, garbage, incinerator ash, or other such material discharged overboard; (II) oil or a hazardous substance as those terms are defined in section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 (III) sewage as defined in section 312(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or (IV) graywater referred to in section 312(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6)); (ii) an emission of an air pollutant resulting from the operation onboard a vessel of a vessel propulsion system, motor driven equipment, or incinerator; or (iii) a discharge into navigable waters from a vessel when the vessel is operating in a capacity other than as a means of transportation on water. (8) Geographically limited area The term geographically limited area (A) with a physical limitation, including limitation by physical size and limitation by authorized route, that prevents a vessel from operating outside the area, as determined by the Secretary; or (B) that is ecologically homogeneous, as determined by the Secretary, in consultation with the heads of other Federal departments or agencies as the Secretary considers appropriate. (9) Manufacturer The term manufacturer (10) Secretary The term Secretary (11) Vessel The term vessel 4. Regulation and enforcement (a) In general The Secretary, in consultation with the Administrator, shall establish and implement enforceable uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel. The standards and requirements shall— (1) be based upon the best available technology economically achievable; and (2) supersede any permitting requirement or prohibition on discharges incidental to the normal operation of a vessel under any other provision of law. (b) Administration and enforcement The Secretary shall administer and enforce the uniform national standards and requirements under this Act. Each State may enforce the uniform national standards and requirements under this Act. 5. Uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel (a) Requirements (1) Ballast water management requirements (A) In general Notwithstanding any other provision of law, the requirements set forth in the final rule, Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters (77 Fed. Reg. 17254 (March 23, 2012), as corrected at 77 Fed. Reg. 33969 (June 8, 2012)), shall be the management requirements for a ballast water discharge incidental to the normal operation of a vessel until the Secretary revises the ballast water performance standard under subsection (b) or adopts a more stringent State standard under subparagraph (B) of this paragraph. (B) Adoption of more stringent State standard If the Secretary makes a determination in favor of a State petition under section 10, the Secretary shall adopt the more stringent ballast water performance standard specified in the statute or regulation that is the subject of that State petition in lieu of the ballast water performance standard in the final rule described under subparagraph (A). (2) Initial management requirements for discharges other than ballast water Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Administrator, shall issue a final rule establishing best management practices for discharges incidental to the normal operation of a vessel other than ballast water. (b) Revised ballast water performance standard; 8-Year review (1) In general Subject to the feasibility review under paragraph (2), not later than January 1, 2022, the Secretary, in consultation with the Administrator, shall issue a final rule revising the ballast water performance standard under subsection (a)(1) so that a ballast water discharge incidental to the normal operation of a vessel will contain— (A) less than 1 living organism per 10 cubic meters that is 50 or more micrometers in minimum dimension; (B) less than 1 living organism per 10 milliliters that is less than 50 micrometers in minimum dimension and more than 10 micrometers in minimum dimension; (C) concentrations of indicator microbes that are less than— (i) 1 colony-forming unit of toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters or less than 1 colony-forming unit of that microbe per gram of wet weight of zoological samples; (ii) 126 colony-forming units of escherichia coli per 100 milliliters; and (iii) 33 colony-forming units of intestinal enterococci per 100 milliliters; and (D) concentrations of such additional indicator microbes and of viruses as may be specified in regulations issued by the Secretary in consultation with the Administrator and such other Federal agencies as the Secretary and the Administrator consider appropriate. (2) Feasibility review (A) In general Not less than 2 years before January 1, 2022, the Secretary, in consultation with the Administrator, shall complete a review to determine the feasibility of achieving the revised ballast water performance standard under paragraph (1). (B) Criteria for review of ballast water performance standard In conducting a review under subparagraph (A), the Secretary shall consider whether revising the ballast water performance standard will result in a scientifically demonstrable and substantial reduction in the risk of introduction or establishment of aquatic nuisance species, taking into account— (i) improvements in the scientific understanding of biological and ecological processes that lead to the introduction or establishment of aquatic nuisance species; (ii) improvements in ballast water treatment technology, including— (I) the capability of such treatment technology to achieve a revised ballast water performance standard; (II) the effectiveness and reliability of such treatment technology in the shipboard environment; (III) the compatibility of such treatment technology with the design and operation of a vessel by class, type, and size; (IV) the commercial availability of such treatment technology; and (V) the safety of such treatment technology; (iii) improvements in the capabilities to detect, quantify, and assess the viability of aquatic nuisance species at the concentrations under consideration; (iv) the impact of ballast water treatment technology on water quality; and (v) the costs, cost-effectiveness, and impacts of— (I) a revised ballast water performance standard, including the potential impacts on shipping, trade, and other uses of the aquatic environment; and (II) maintaining the existing ballast water performance standard, including the potential impacts on water-related infrastructure, recreation, propagation of native fish, shellfish, and wildlife, and other uses of navigable waters. (C) Lower revised performance standard (i) In general If the Secretary, in consultation with the Administrator, determines on the basis of the feasibility review and after an opportunity for a public hearing that no ballast water treatment technology can be certified under section 6 to comply with the revised ballast water performance standard under paragraph (1), the Secretary shall require the use of the treatment technology that achieves the performance levels of the best treatment technology available. (ii) Implementation deadline If the Secretary, in consultation with the Administrator, determines that the treatment technology under clause (i) cannot be implemented before the implementation deadline under paragraph (3) with respect to a class of vessels, the Secretary shall extend the implementation deadline for that class of vessels for not more than 36 months. (iii) Compliance If the implementation deadline under paragraph (3) is extended, the Secretary shall recommend action to ensure compliance with the extended implementation deadline under clause (ii). (D) Higher revised performance standard (i) In general If the Secretary, in consultation with the Administrator, determines that ballast water treatment technology exists that exceeds the revised ballast water performance standard under paragraph (1) with respect to a class of vessels, the Secretary shall revise the ballast water performance standard for that class of vessels to incorporate the higher performance standard. (ii) Implementation deadline If the Secretary, in consultation with the Administrator, determines that the treatment technology under clause (i) can be implemented before the implementation deadline under paragraph (3) with respect to a class of vessels, the Secretary shall accelerate the implementation deadline for that class of vessels. If the implementation deadline under paragraph (3) is accelerated, the Secretary shall provide not less than 24 months notice before the accelerated deadline takes effect. (3) Implementation deadline The revised ballast water performance standard under paragraph (1) shall apply to a vessel beginning on the date of the first drydocking of the vessel on or after January 1, 2022, but not later than December 31, 2024. (4) Revised performance standard compliance deadlines (A) In general The Secretary may establish a compliance deadline for compliance by a vessel (or a class, type, or size of vessel) with a revised ballast water performance standard under this subsection. (B) Process for granting extensions In issuing regulations under this subsection, the Secretary shall establish a process for an owner or operator to submit a petition to the Secretary for an extension of a compliance deadline with respect to the vessel of the owner or operator. (C) Period of extensions An extension issued under subparagraph (B) may— (i) apply for a period of not to exceed 18 months from the date of the applicable deadline under subparagraph (A); and (ii) be renewable for an additional period of not to exceed 18 months. (D) Factors In issuing a compliance deadline or reviewing a petition under this paragraph, the Secretary shall consider, with respect to the ability of an owner or operator to meet a compliance deadline, the following factors: (i) Whether the treatment technology to be installed is available in sufficient quantities to meet the compliance deadline. (ii) Whether there is sufficient shipyard or other installation facility capacity. (iii) Whether there is sufficient availability of engineering and design resources. (iv) Vessel characteristics, such as engine room size, layout, or a lack of installed piping. (v) Electric power generating capacity aboard the vessel. (vi) Safety of the vessel and crew. (E) Consideration of petitions (i) Determinations The Secretary shall approve or deny a petition for an extension of a compliance deadline submitted by an owner or operator under this paragraph. (ii) Deadline If the Secretary does not approve or deny a petition referred to in clause (i) on or before the last day of the 90-day period beginning on the date of submission of the petition, the petition shall be deemed approved. (c) Future revisions of vessel incidental discharge standards; decennial reviews (1) Revised ballast water performance standards The Secretary, in consultation with the Administrator, shall complete a review, 10 years after the issuance of a final rule under subsection (b) and every 10 years thereafter, to determine whether further revision of the ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species. (2) Revised standards for discharges other than ballast water The Secretary, in consultation with the Administrator, may include in a decennial review under this subsection best management practices for discharges covered by subsection (a)(2). The Secretary shall initiate a rulemaking to revise 1 or more best management practices for such discharges after a decennial review if the Secretary, in consultation with the Administrator, determines that revising 1 or more of such practices would substantially reduce the impacts on navigable waters of discharges incidental to the normal operation of a vessel other than ballast water. (3) Considerations In conducting a review under paragraph (1), the Secretary, the Administrator, and the heads of other appropriate Federal agencies as determined by the Secretary, shall consider the criteria under section 5(b)(2)(B). (4) Revision after decennial review The Secretary shall initiate a rulemaking to revise the current ballast water performance standard after a decennial review if the Secretary, in consultation with the Administrator, determines that revising the current ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species. 6. Treatment technology certification (a) Certification required Beginning 60 days after the date that the requirements for testing protocols are issued under subsection (i), no manufacturer of a ballast water treatment technology shall sell, offer for sale, or introduce or deliver for introduction into interstate commerce, or import into the United States for sale or resale, a ballast water treatment technology for a vessel unless the treatment technology has been certified under this section. (b) Certification process (1) Evaluation Upon application of a manufacturer, the Secretary shall evaluate a ballast water treatment technology with respect to— (A) the effectiveness of the treatment technology in achieving the current ballast water performance standard when installed on a vessel (or a class, type, or size of vessel); (B) the compatibility with vessel design and operations; (C) the effect of the treatment technology on vessel safety; (D) the impact on the environment; (E) the cost effectiveness; and (F) any other criteria the Secretary considers appropriate. (2) Approval If after an evaluation under paragraph (1) the Secretary determines that the treatment technology meets the criteria, the Secretary may certify the treatment technology for use on a vessel (or a class, type, or size of vessel). (3) Suspension and revocation The Secretary shall establish, by regulation, a process to suspend or revoke a certification issued under this section. (c) Certification conditions (1) Imposition of conditions In certifying a ballast water treatment technology under this section, the Secretary, in consultation with the Administrator, may impose any condition on the subsequent installation, use, or maintenance of the treatment technology onboard a vessel as is necessary for— (A) the safety of the vessel, the crew of the vessel, and any passengers aboard the vessel; (B) the protection of the environment; or (C) the effective operation of the treatment technology. (2) Failure to comply The failure of an owner or operator to comply with a condition imposed under paragraph (1) shall be considered a violation of this section. (d) Period for use of installed treatment equipment Notwithstanding anything to the contrary in this Act or any other provision of law, the Secretary shall allow a vessel on which a system is installed and operated to meet a ballast water performance standard under this Act to continue to use that system, notwithstanding any revision of a ballast water performance standard occurring after the system is ordered or installed until the expiration of the service life of the system, as determined by the Secretary, so long as the system— (1) is maintained in proper working condition; and (2) is maintained and used in accordance with the manufacturer’s specifications and any treatment technology certification conditions imposed by the Secretary under this section. (e) Certificates of type approval for the treatment technology (1) Issuance If the Secretary approves a ballast water treatment technology for certification under subsection (b), the Secretary shall issue a certificate of type approval for the treatment technology to the manufacturer in such form and manner as the Secretary determines appropriate. (2) Certification conditions A certificate of type approval issued under paragraph (1) shall specify each condition imposed by the Secretary under subsection (c). (3) Owners and operators A manufacturer that receives a certificate of type approval for the treatment technology under this subsection shall provide a copy of the certificate to each owner and operator of a vessel on which the treatment technology is installed. (f) Inspections An owner or operator who receives a copy of a certificate under subsection (e)(3) shall retain a copy of the certificate onboard the vessel and make the copy of the certificate available for inspection at all times while the owner or operator is utilizing the treatment technology. (g) Biocides The Secretary may not approve a ballast water treatment technology under subsection (b) if— (1) it uses a biocide or generates a biocide that is a pesticide, as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 (2) it uses or generates a biocide the discharge of which causes or contributes to a violation of a water quality standard under section 303 of the Federal Water Pollution Control Act ( 33 U.S.C. 1313 (h) Prohibition (1) In general Except as provided in paragraph (2), the use of a ballast water treatment technology by an owner or operator of a vessel shall not satisfy the requirements of this Act unless it has been approved by the Secretary under subsection (b). (2) Exceptions (A) Coast guard shipboard technology evaluation program An owner or operator may use a ballast water treatment technology that has not been certified by the Secretary to comply with the requirements of this section if the technology is being evaluated under the Coast Guard Shipboard Technology Evaluation Program. (B) Ballast water treatment technologies certified by foreign entities An owner or operator may use a ballast water treatment technology that has not been certified by the Secretary to comply with the requirements of this section if the technology has been certified by a foreign entity and the certification demonstrates performance and safety of the treatment technology equivalent to the requirements of this section, as determined by the Secretary. (i) Testing protocols Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall issue requirements for land-based and shipboard testing protocols or criteria for— (1) certifying the performance of each ballast water treatment technology under this section; and (2) certifying laboratories to evaluate such treatment technologies. 7. Exemptions (a) In general No permit shall be required or prohibition enforced under any other provision of law for, nor shall any standards regarding a discharge incidental to the normal operation of a vessel under this Act apply to— (1) a discharge incidental to the normal operation of a vessel if the vessel is less than 79 feet in length and engaged in commercial service (as defined in section 2101(5) of title 46, United States Code); (2) a discharge incidental to the normal operation of a vessel if the vessel is a fishing vessel, including a fish processing vessel and a fish tender vessel, (as defined in section 2101 (3) a discharge incidental to the normal operation of a vessel if the vessel is a recreational vessel (as defined in section 2101(25) (4) the placement, release, or discharge of equipment, devices, or other material from a vessel for the sole purpose of conducting research on the aquatic environment or its natural resources in accordance with generally recognized scientific methods, principles, or techniques; (5) any discharge into navigable waters from a vessel authorized by an on-scene coordinator in accordance with part 300 of title 40, Code of Federal Regulations, or part 153 of title 33, Code of Federal Regulations; (6) any discharge into navigable waters from a vessel that is necessary to secure the safety of the vessel or human life, or to suppress a fire onboard the vessel or at a shoreside facility; or (7) a vessel of the armed forces of a foreign nation when engaged in noncommercial service. (b) Ballast water discharges No permit shall be required or prohibition enforced under any other provision of law for, nor shall any ballast water performance standards under this Act apply to— (1) a ballast water discharge incidental to the normal operation of a vessel determined by the Secretary to— (A) operate exclusively within a geographically limited area; (B) take up and discharge ballast water exclusively within 1 Captain of the Port Zone established by the Coast Guard unless the Secretary determines such discharge poses a substantial risk of introduction or establishment of an aquatic nuisance species; (C) operate pursuant to a geographic restriction issued as a condition under section 3309 of title 46, United States Code, or an equivalent restriction issued by the country of registration of the vessel; or (D) continuously take on and discharge ballast water in a flow-through system that does not introduce aquatic nuisance species into navigable waters; (2) a ballast water discharge incidental to the normal operation of a vessel consisting entirely of water suitable for human consumption; or (3) a ballast water discharge incidental to the normal operation of a vessel in an alternative compliance program established pursuant to section (8). (c) Vessels with permanent ballast water No permit shall be required or prohibition enforced under any other provision of law for, nor shall any ballast water performance standard under this Act apply to, a vessel that carries all of its permanent ballast water in sealed tanks that are not subject to discharge. (d) Vessels of the armed forces Nothing in this Act shall be construed to apply to a vessel of the Armed Forces, as defined in section 101(a) 8. Alternative compliance program (a) In general The Secretary, in consultation with the Administrator, may promulgate regulations establishing 1 or more compliance programs as an alternative to ballast water management regulations issued under section 5 for a vessel that— (1) has a maximum ballast water capacity of less than 8 cubic meters; (2) is less than 3 years from the end of the useful life of the vessel, as determined by the Secretary; or (3) discharges ballast water into a facility for the reception of ballast water that meets standards promulgated by the Administrator, in consultation with the Secretary. (b) Promulgation of facility standards Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall promulgate standards for— (1) the reception of ballast water from a vessel into a reception facility; and (2) the disposal or treatment of the ballast water under paragraph (1). 9. Judicial review (a) In general An interested person may file a petition for review of a final regulation promulgated under this Act in the United States Court of Appeals for the District of Columbia Circuit. (b) Deadline A petition shall be filed not later than 120 days after the date that notice of the promulgation appears in the Federal Register. (c) Exception Notwithstanding subsection (b), a petition that is based solely on grounds that arise after the deadline to file a petition under subsection (b) has passed may be filed not later than 120 days after the date that the grounds first arise. 10. Effect on State authority (a) In general No State or political subdivision thereof may adopt or enforce any statute or regulation of the State or political subdivision with respect to a discharge incidental to the normal operation of a vessel after the date of enactment of this Act. (b) Savings clause Notwithstanding subsection (a), a State or political subdivision thereof may enforce a statute or regulation of the State or political subdivision with respect to ballast water discharges incidental to the normal operation of a vessel that specifies a ballast water performance standard that is more stringent than the ballast water performance standard under section 5(a)(1)(A) and is in effect on the date of enactment of this Act if the Secretary, after consultation with the Administrator and any other Federal department or agency the Secretary considers appropriate, makes a determination that— (1) compliance with any performance standard specified in the statute or regulation can in fact be achieved and detected; (2) the technology and systems necessary to comply with the statute or regulation are commercially available; and (3) the statute or regulation is consistent with obligations under relevant international treaties or agreements to which the United States is a party. (c) Petition process (1) Submission The Governor of a State seeking to enforce a statute or regulation under subsection (b) shall submit a petition requesting the Secretary to review the statute or regulation. (2) Contents; deadline A petition shall— (A) be accompanied by the scientific and technical information on which the petition is based; and (B) be submitted to the Secretary not later than 90 days after the date of enactment of this Act. (3) Determinations The Secretary shall make a determination on a petition under this subsection not later than 90 days after the date that the petition is received. 11. Application with other statutes Notwithstanding any other provision of law, this Act shall be the exclusive statutory authority for regulation by the Federal Government of discharges incidental to the normal operation of a vessel to which this Act applies. Except as provided under section 5(a)(1)(A), any regulation in effect on the date immediately preceding the effective date of this Act relating to any permitting requirement for or prohibition on discharges incidental to the normal operation of a vessel to which this Act applies shall be deemed to be a regulation issued pursuant to the authority of this Act and shall remain in full force and effect unless or until superseded by new regulations issued hereunder.

Vessel Incidental Discharge Act

Freedom Through Energy Export Act - Amends the Alaska Natural Gas Pipeline Act of 2004 to redefine the Alaska natural gas transportation project to include any liquified natural gas terminal and facilities necessary or required for the export of Alaska natural gas (including related facilities subject to the jurisdiction of the Federal Energy Regulatory Commission [FERC]). Authorizes FERC to consider and act on an application for authorization for a liquefied natural gas terminal and related facilities determined necessary for the export of Alaska natural gas other than the Alaska natural gas transportation system. Directs FERC to issue an authorization for the siting, construction, and operation of an Alaska natural gas transportation project if the applicant has satisfied certain Natural Gas Act requirements for a liquefied natural gas terminal and related facilities necessary or required for the export of Alaska natural gas. Directs FERC, within 60 days after the issuance of a final environmental impact statement under the the National Environmental Policy Act of 1969, to approve or deny, under the expedited approval process, an application for a certificate of public convenience and necessity for projects designated under the Natural Gas Act and this Act. Confers responsibility upon the Federal Coordinator for Alaska Natural Gas Transportation Projects for: (1) coordinating the expeditious discharge of all activities by federal agencies regarding a pipeline project carrying natural gas from the Alaska North Slope to market south of 68 degrees north latitude, and (2) ensuring that federal agencies are fully informed in carrying out an Alaska natural gas transportation project, including about any commercial, technological, or regulatory issues that could affect such project. Declares that neither this Act nor the Alaska Natural Gas Transportation Act of 1976 precludes construction of either a gas liquefaction terminal or other facilities determined necessary or required for the transportation and export of natural gas from the Alaska North Slope. Directs the Secretary of Labor to make grants to the Alaska Workforce Investment Board: (1) to train adult and dislocated workers in Alaska to construct and operate a natural gas transportation project (currently, a gas pipeline system), and (2) for construction of a training facility to support such a project. Expresses the sense of Congress that Alaska Native Regional Corporations, companies owned and operated by Alaskans and individual Alaskans should have the opportunity to own shares of the Alaska natural gas transportation project (currently, gas pipeline system). Authorizes federal loan guarantees for a liquefied natural gas pipeline approved to the border between Alaska and Canada. Amends the Natural Gas Act to deem consistent with the public interest an expedited application and approval process without modification or delay for the exportation of natural gas to a foreign country that is: (1) a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas (as under existing law); (2) a member country of the North Atlantic Treaty Organization (NATO); (3) Japan, as long as the Treaty of Mutual Cooperation and Security between the United States and Japan remains in effect; and (4) any other foreign country if the Secretary of State determines that such exportation promotes U.S. national security interests.

113 S2096 IS: Freedom Through Energy Export Act U.S. Senate 2014-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2096 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Begich Committee on Energy and Natural Resources A BILL To amend the Alaska Natural Gas Pipeline Act of 2004 to provide for the authorization of liquified natural gas terminals and related facilities necessary for the export of Alaska natural gas, and for other purposes. 1. Short title; references (a) Short title This Act may be cited as the Freedom Through Energy Export Act (b) References Except as otherwise expressly provided, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720 et seq.). 2. Definition of Alaska natural gas transportation project Section 102(2) ( 15 U.S.C. 720(2) (1) by striking subparagraphs (A) and (B); (2) by inserting any of the following projects authorized under the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719 et seq. means (3) by striking any natural gas pipeline system (A) Any natural gas pipeline system ; (4) in subparagraph (A) (as so designated) by striking that is authorized under— (5) by adding at the end the following: (B) Except with respect to projects described in section 116, any liquified natural gas terminal and any facilities necessary or required for the export of Alaska natural gas (including related facilities subject to the jurisdiction of the Commission). . 3. Issuance of certificate of public convenience and necessity Section 103 ( 15 U.S.C. 720a (1) in the heading, by inserting or other commission authorization necessity (2) in subsection (a)— (A) by striking may, in accordance may— (1) in accordance ; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ; or (C) by adding at the end the following: (2) in accordance with section 3 of the Natural Gas Act ( 15 U.S.C. 717b ; (3) in subsection (b)— (A) in the heading, by inserting or other authorization certificate (B) in paragraph (1)— (i) by striking shall issue a certificate shall issue— (A) a certificate ; (ii) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (B) an authorization for the siting, construction, and operation of an Alaska natural gas transportation project, if the applicant has satisfied the requirements of section 3 of the Natural Gas Act ( 15 U.S.C. 717b ; (4) in subsection (c), by striking for the project under section 7(c)) for the projects under— (1) section 3 of the Natural Gas Act ( 15 U.S.C. 717b (2) section 7(c) of the Natural Gas Act ( 15 U.S.C. 717f(c) (3) this section. ; and (5) in subsection (g), by striking The holder of the certificate The holder of a certificate 4. Environmental reviews Section 104(a) ( 15 U.S.C. 720b(a) under section 7 of the Natural Gas Act ( 15 U.S.C. 717f 15 U.S.C. 717b certificate of public convenience and necessity 5. Federal coordinator Section 106(c) ( 15 U.S.C. 720d(c) (1) in paragraph (1), by inserting or a pipeline project that carries natural gas from the Alaska North Slope to market south of 68 degrees north latitude Alaska natural gas transportation project (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) to ensure that Federal agencies are fully informed in carrying out an Alaska natural gas transportation project, providing Federal agencies with information about— (A) the Alaska natural gas transportation project; and (B) any commercial, technological, or regulatory issues that could affect the project. . 6. Clarification of ANGTA status and authorities Section 110(b) ( 15 U.S.C. 720h(b) (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) by striking Any Federal agency (1) In general Any Federal agency ; and (3) by adding at the end the following: (2) Effect Nothing in this Act or the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719 et seq. . 7. Alaska pipeline construction training program Section 113 ( 15 U.S.C. 720k (1) in subsection (a)(1)— (A) in subparagraph (A), by striking gas pipeline system natural gas transportation project (B) in subparagraph (B), by striking gas pipeline natural gas transportation project (2) in subsection (b)(1), by striking pipeline system transportation project 8. Sense of Congress concerning Alaskan ownership Section 115(1) ( 15 U.S.C. 720m(1) pipeline transportation project 9. Loan guarantees Section 116(a)(1) ( 15 U.S.C. 720n(a)(1) that includes a pipeline to the border between Alaska and Canada approved pursuant to section 7(c) of the Natural Gas Act ( 15 U.S.C. 717f(c) qualified infrastructure project 10. Expedited approval of exportation of natural gas to United States allies (a) In general Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) (1) by striking (c) For purposes (c) Expedited application and approval process (1) In general For purposes. ; (2) in paragraph (1) (as so designated), by striking nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas foreign country described in paragraph (2) (3) by adding at the end the following: (2) Foreign country described A foreign country described in this paragraph is— (A) a country with which the United States has in effect a free trade agreement requiring national treatment for trade in natural gas; (B) a member country of the North Atlantic Treaty Organization; (C) subject to paragraph (3), Japan; and (D) any other foreign country if the Secretary of State, in consultation with the Secretary of Defense, determines that exportation of natural gas to that foreign country would promote the national security interests of the United States. (3) Exportation of natural gas to Japan The exportation of natural gas to Japan shall be deemed to be consistent with the public interest pursuant to paragraph (1), and applications for such exportation shall be granted without modification or delay under that paragraph, during only such period as the Treaty of Mutual Cooperation and Security, signed at Washington January 19, 1960, and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between the United States and Japan, remains in effect. . (b) Effective date The amendments made by subsection (a) shall apply to applications for the authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) that are pending on, or filed on or after, the date of enactment of this Act.

Freedom Through Energy Export Act

Emergency Unemployment Compensation Extension Act - Amends the Supplemental Appropriations Act, 2008 (SAA, 2008) to extend emergency unemployment compensation (EUC) payments for eligible individuals to weeks of employment ending on or before June 1, 2014. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until May 31, 2014, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and November 30, 2014, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the FSEUCA of 1970 to postpone similarly from December 31, 2013, to May 31, 2014, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula. Amends the SAA, 2008 to appropriate funds out of the employment security administration account through the first five months of FY2015 to assist states in providing reemployment and eligibility assessment activities. Amends the Railroad Unemployment Insurance Act to extend through May 31, 2014, the temporary increase in extended unemployment benefits. Makes a change in application of a certain requirement (nonreduction rule) to a state that has entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria. (Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.) Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows a state whose agreement was terminated, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.) Amends the SAA, 2008 to require that the state reemployment services and in-person reemployment and eligibility assessment activities provided to EUC recipients include an assessment of the reasons why the individual continues to be unemployed and the actions he or she must undertake to improve his or her employment prospects (including through enrollment in a job retraining program under this Act if the state has made such an election). Authorizes a state to elect to require an individual, as a condition of eligibility for EUC for any week, to: participate in a state approved job retraining program during that week, or perform at least 20 hours of community service during the week if the state determines that his or her participation in the program for that week is not appropriate. Defines "community service" as unpaid service by an individual to a tax-exempt nonprofit organization or to a federal, state, or local agency. Prohibits EUC payments to any individual for any week of unemployment during which the person fails to: accept any offer of suitable work or fails to apply for any suitable work to which the individual was referred by the state agency; or actively engage in seeking work, unless he or she is: (1) on jury duty before any federal or state court; or (2) hospitalized for treatment of an emergency or a life-threatening condition. States that if any individual is ineligible for EUC for any week because of failure to meet these requirements, he or she shall be ineligible to receive EUC for any week which: begins with the week following the week in which such failure occurs; and does not end until the individual has been employed during at least four weeks beginning after such failure, and the total remuneration the individual earns for being so employed is at least four times his or her average weekly benefit amount for the benefit year. Prohibits the denial of EUC to any individual for any week because of failure to accept an offer of, or apply for, suitable work if: the gross average weekly remuneration payable to such individual for the position does not exceed the sum of the individual's average weekly benefit amount for his or her benefit year, plus the amount (if any) of supplemental unemployment compensation benefits payable to that individual for that week; the position was not offered to the individual in writing and was not listed with the state employment service; such failure would not result in a denial of compensation under the applicable state law to the extent that it is not inconsistent with SAA, 2008; or the position pays wages less than the higher of the minimum wage provided by the Fair Labor Standards Act of 1938, without regard to any exemption, or any applicable state or local minimum wage. Prohibits the use of federal funds to make payments of unemployment compensation to any individual whose adjusted gross income in the preceding year was at least $1 million. Requires the Secretary of Labor, in coordination with the Director of the Office of Management and Budget (OMB), to report to appropriate congressional committees on the consolidation of federal job training programs and activities determined to be unnecessarily duplicative. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to revise the applicable percentages for determining minimum funding standards for single-employer defined benefit pension plans (funding stabilization). Exempts plans providing accelerated benefit distributions from the application of such standards. Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act, for any month before an individual reaches retirement age, to reduce the total of the individual's monthly disability insurance benefits and any OASDI benefits based on wages and self-employment income by the total amount of any unemployment compensation (UC) received for that month (but not below zero). (Thus reduces the benefits based on receipt of UC.) Applies this reduction to any past-due monthly disability insurance benefits for any month in which the individual was entitled both to them and to UC. Makes the reduction inapplicable if the individual is entitled to UC for a month following a period of: (1) trial work, (2) participation in the Ticket to Work and Self-Sufficiency Program, or (3) participation in any other program designed to encourage an individual entitled to such benefits to work. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend through FY2024 the authority of the Secretary of the Treasury to collect customs user fees for the processing of certain merchandise.

113 S1931 PCS: Responsible Unemployment Compensation Extension Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 296 113th CONGRESS 2d Session S. 1931 IN THE SENATE OF THE UNITED STATES January 15, 2014 Mr. Heller Ms. Collins Mr. Portman Ms. Ayotte Mr. Coats Ms. Murkowski Mr. Isakson Mr. Hoeven January 16, 2014 Read the second time and placed on the calendar A BILL To provide for the extension of certain unemployment benefits, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Responsible Unemployment Compensation Extension Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension and modification of emergency unemployment compensation program. Sec. 3. Temporary extension of extended benefit provisions. Sec. 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities. Sec. 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 6. Flexibility for unemployment program agreements. Sec. 7. Repeal of reductions made by Bipartisan Budget Act of 2013. Sec. 8. Reduction in benefits based on receipt of unemployment compensation. Sec. 9. Reduction of nonMedicare, nondefense direct spending. 2. Extension and modification of emergency unemployment compensation program (a) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 26 U.S.C. 3304 January 1, 2014 April 1, 2014 (b) Modifications relating to weeks of emergency unemployment compensation (1) Number of weeks in first tier beginning after December 28, 2013 Section 4002(b) of such Act is amended— (A) by redesignating paragraph (3) as paragraph (4); (B) in paragraph (2)— (i) in the heading, by inserting , and weeks ending before December 30, 2013 2012 (ii) in the matter preceding subparagraph (A), by inserting , and before December 30, 2013 2012 (C) by inserting after paragraph (2) the following: (3) Special rule relating to amounts established in an account as of a week ending after December 29, 2013 Notwithstanding any provision of paragraph (1), in the case of any account established as of a week ending after December 29, 2013— (A) paragraph (1)(A) shall be applied by substituting 24 percent 80 percent (B) paragraph (1)(B) shall be applied by substituting 6 times 20 times . (2) Number of weeks in second tier beginning after December 28, 2013 Section 4002(c) of such Act is amended by adding at the end the following: (5) Special rule relating to amounts added to an account as of a week ending after December 29, 2013 Notwithstanding any provision of paragraph (1), if augmentation under this subsection occurs as of a week ending after December 29, 2013— (A) paragraph (1)(A) shall be applied by substituting 24 percent 54 percent (B) paragraph (1)(B) shall be applied by substituting 6 times 14 times . (c) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 26 U.S.C. 3304 (1) in subparagraph (I), by striking and (2) in subparagraph (J), by inserting and (3) by inserting after subparagraph (J) the following: (K) the amendments made by subsections (a) and (b) of section 2 of the Responsible Unemployment Compensation Extension Act of 2014 . (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 3. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 26 U.S.C. 3304 (1) by striking December 31, 2013 March 31, 2014 (2) in subsection (c), by striking June 30, 2014 September 30, 2014 (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 26 U.S.C. 3304 June 30, 2014 September 30, 2014 (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 (1) in subsection (d), by striking December 31, 2013 March 31, 2014 (2) in subsection (f)(2), by striking December 31, 2013 March 31, 2014 (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities (a) In general Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 26 U.S.C. 3304 through fiscal year 2014 through the first quarter of fiscal year 2015 (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act (a) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) (1) by striking June 30, 2013 September 30, 2013 (2) by striking December 31, 2013 March 31, 2014 (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for administration Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $62,500 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. 6. Flexibility for unemployment program agreements (a) Flexibility (1) In general Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 26 U.S.C. 3304 (2) Effective date Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a subsequent agreement Nothing in such title IV shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title. 7. Repeal of reductions made by Bipartisan Budget Act of 2013 Section 403 of the Bipartisan Budget Act of 2013 ( Public Law 113–67 8. Reduction in benefits based on receipt of unemployment compensation (a) In general Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended by inserting after section 224 the following new section: 224A Reduction in benefits based on receipt of unemployment compensation (a) (1) If for any month prior to the month in which an individual attains retirement age (as defined in section 216(l)(1))— (A) such individual is entitled to benefits under section 223, and (B) such individual is entitled for such month to unemployment compensation, the total of the individual's benefits under section 223 for such month and of any benefits under section 202 for such month based on the individual's wages and self-employment income shall be reduced (but not below zero) by the total amount of unemployment compensation received by such individual for such month. (2) The reduction of benefits under paragraph (1) shall also apply to any past-due benefits under section 223 for any month in which the individual was entitled to— (A) benefits under such section, and (B) unemployment compensation. (3) The reduction of benefits under paragraph (1) shall not apply to any benefits under section 223 for any month, or any benefits under section 202 for such month based on the individual's wages and self-employment income for such month, if the individual is entitled for such month to unemployment compensation following a period of trial work (as described in section 222(c)(1), participation in the Ticket to Work and Self-Sufficiency Program established under section 1148, or participation in any other program that is designed to encourage an individual entitled to benefits under section 223 or 202 to work. (b) If any unemployment compensation is payable to an individual on other than a monthly basis (including a benefit payable as a lump sum to the extent that it is a commutation of, or a substitute for, such periodic compensation), the reduction under this section shall be made at such time or times and in such amounts as the Commissioner of Social Security (referred to in this section as the Commissioner (c) Reduction of benefits under this section shall be made after any applicable reductions under section 203(a) and section 224, but before any other applicable deductions under section 203. (d) (1) Subject to paragraph (2), if the Commissioner determines that an individual may be eligible for unemployment compensation which would give rise to a reduction of benefits under this section, the Commissioner may require, as a condition of certification for payment of any benefits under section 223 to any individual for any month and of any benefits under section 202 for such month based on such individual's wages and self-employment income, that such individual certify— (A) whether the individual has filed or intends to file any claim for unemployment compensation, and (B) if the individual has filed a claim, whether there has been a decision on such claim. (2) For purposes of paragraph (1), the Commissioner may, in the absence of evidence to the contrary, rely upon a certification by the individual that the individual has not filed and does not intend to file such a claim, or that the individual has so filed and no final decision thereon has been made, in certifying benefits for payment pursuant to section 205(i). (e) Whenever a reduction in total benefits based on an individual's wages and self-employment income is made under this section for any month, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefit shall then be applied to such disability insurance benefit. (f) (1) Notwithstanding any other provision of law, the head of any Federal agency shall provide such information within its possession as the Commissioner may require for purposes of making a timely determination of the amount of the reduction, if any, required by this section in benefits payable under this title, or verifying other information necessary in carrying out the provisions of this section. (2) The Commissioner is authorized to enter into agreements with States, political subdivisions, and other organizations that administer unemployment compensation, in order to obtain such information as the Commissioner may require to carry out the provisions of this section. (g) For purposes of this section, the term unemployment compensation section 85(b) . (b) Conforming amendment Section 224(a) of the Social Security Act ( 42 U.S.C. 424a(a) the age of 65 retirement age (as defined in section 216(l)(1)) (c) Effective date The amendments made by subsections (a) and (b) shall apply to benefits payable for months beginning on or after the date that is 12 months after the date of enactment of this section. 9. Reduction of nonMedicare, nondefense direct spending Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a (11) Additional reduction of nonMedicare, nondefense direct spending (A) In general For each of fiscal years 2015 through 2023, in addition to the reduction in direct spending under paragraph (6), on the date specified in paragraph (2), OMB shall prepare and the President shall order a sequestration, effective upon issuance, reducing the spending described in subparagraph (B) by the uniform percentage necessary to reduce such spending for the fiscal year by $1,333,000,000. (B) Spending covered The spending described in this subparagraph is spending that is— (i) nonexempt direct spending; (ii) not spending for the Medicare programs specified in section 256(d); and (iii) within the revised nonsecurity category. . January 16, 2014 Read the second time and placed on the calendar

Responsible Unemployment Compensation Extension Act of 2014

Yellowstone Community Education Fairness Act - Ratifies and approves all payments made to the school districts serving Yellowstone National Park in Wyoming between the beginning of FY1976 and the enactment of this Act as reimbursement for educational facilities furnished by those districts to certain students who are dependents of persons engaged in the administration, operation, and maintenance of the Park and living at or near it.

113 S2098 IS: Yellowstone Community Education Fairness Act U.S. Senate 2014-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2098 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Tester Mr. Walsh Committee on Energy and Natural Resources A BILL To ratify and approve certain payments to school districts serving Yellowstone National Park. 1. Short title This Act may be cited as the Yellowstone Community Education Fairness Act 2. Ratification of payments to school districts serving Yellowstone National Park All payments made to school districts under the first section of the Act of June 4, 1948 (62 Stat. 338, chapter 417; 16 U.S.C. 40a), during the period beginning in fiscal year 1976 and ending on the date of enactment of this Act are ratified and approved, notwithstanding the payments made under chapter 69 of title 31, United States Code, to the units of general local government.

Yellowstone Community Education Fairness Act

Sound Regulation Act of 2014 - Establishes additional requirements for rulemaking under the Administrative Procedure Act (APA), including: identification by a federal agency, in the context of a coherent conceptual framework and supported with objective data, of the nature and significance of the market failure, regulatory failure, or other problem that necessitates regulatory action and why other alternatives, such as market forces or state or local regulations, could not address the problem better than federal regulation;  establishment by an agency of an achievable objective for its regulatory action; development of at not less than three regulatory options, in addition to not regulating, that the agency estimates will provide the greatest benefits for the least cost in meeting the regulatory objective; an estimate by each agency of the costs and benefits of each regulatory option developed, at least to the extent the agency is able to exclude options whose costs exceed their benefits, and rank such options by cost from lowest to highest; publication for public comment of all analyses, documentation, and data relating to the requirements of this Act for a public comment period of not less than 30 days; establishment, by rule, of the specific cost-benefit analysis methodology appropriate to the functions and responsibilities of the agency and establishment of an appropriate period for review of new rules to assess their cost-effectiveness; justification of why the agency does not select the least-cost regulatory option as its proposed rule, and agency review, every four years, of all rules of the agency that are in effect and a determination, based on objective data, of whether the rules are working as intended, furthering their objectives, imposing unanticipated costs, or generating a net benefit. Requires the Comptroller General (GAO), for purposes of congressional review, to: (1)  examine each agency cost-benefit analysis for compliance with the requirements of this Act, including the agency methodology for such analysis; (2) examine risk analysis pertaining to the cost-benefit analysis; and (3) examine and report on agency quadrennial regulatory reviews for consistency with the requirements of this Act.

113 S2099 IS: Sound Regulation Act of 2014 U.S. Senate 2014-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2099 IN THE SENATE OF THE UNITED STATES March 10, 2014 Mr. Coats Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to establish uniform requirements for thorough economic analysis of regulations by Federal agencies based on sound principles, and for other purposes. 1. Short title This Act may be cited as the Sound Regulation Act of 2014 2. Findings Congress finds the following: (1) Growing Federal regulation that is highly prescriptive in nature burdens and impairs the international competitiveness of industry in the United States. (2) Prescriptive regulation takes away flexibility, is adversarial in nature, leads to unintended consequences, and, especially as it proliferates, slows economic growth and job creation. (3) Despite evidence of increasing regulatory costs, Federal agencies hold fast to the presumption that their rules are in the public interest. (4) Some statutes prohibit agencies from considering costs and benefits in rulemaking, although no statutes prohibit agencies from analyzing the costs and benefits of rules for informative purposes. (5) (A) Cost-benefit analysis is not institutionalized for independent regulatory agencies. (B) Executive agencies perform cost-benefit analysis pursuant to Executive order and under the purview of the Office of Information and Regulatory Affairs (commonly referred to as OIRA (C) Peer review is not required for cost-benefit analysis by independent regulatory agencies or executive agencies. (6) There are no— (A) statutory standards for cost-benefit analysis in Federal rulemaking; or (B) consistent, material consequences when rules are based on faulty or inadequate analysis. (7) Agencies— (A) conduct their own regulatory impact analysis— (i) largely by methods of their own choosing; and (ii) only on a small fraction of the rules they issue; and (B) use regulatory cost-benefit analysis mainly in support of favored, preconceived rules rather than as a decision tool. (8) Common deficiencies in the regulatory analysis used by agencies include— (A) lack of a coherent theory by which to— (i) define a problem; (ii) determine why the problem occurs; and (iii) guide the agency to the most efficient response; (B) lack of objective evidence that an actionable problem actually exists, what its dimensions are, and how they differ from acceptable norms; (C) lack of comprehensive analysis to— (i) determine whether a market malfunction exists; and (ii) orient rulemaking to the causes, not the symptoms, of the market malfunction; (D) failure to set clear and realistic objectives whose benefits justify the cost of achieving the objectives; (E) objectives that— (i) are disconnected from costs; and (ii) may be expansive and vague so that any regulation can be made to appear beneficial; (F) agencies increasingly claiming— (i) incidental benefits (also known as co-benefits (ii) even private, as opposed to public, benefits for rules; (G) failure to— (i) develop regulatory options in light of market analysis; and (ii) rank regulatory options by how efficiently they will improve the market process; (H) inconsistent assumptions and methodologies across agencies; (I) invalid baselines for gauging regulatory effects; (J) the omission of important impacts, such as the impact on employment and on the international competitiveness of United States firms; (K) failure to reevaluate regulations after implementation; and (L) failure to consider the cumulative costs of regulation by the various Federal, State, local, and tribal agencies. (9) (A) Despite continually changing market conditions, agencies do not— (i) regularly review their existing regulations and regulatory regimes; or (ii) review the division of functions— (I) among different Federal agencies; or (II) among Federal, State, local, and tribal agencies. (B) Regulations lose their purpose, yet linger and accumulate, imposing unnecessary costs and slowing economic growth to the detriment of— (i) material living standards; and (ii) to some extent, the very social conditions that are the objects of regulation. (10) (A) Agencies typically do not— (i) proactively conduct regulatory cost studies; and (ii) report to Congress on unnecessary costs that are not under the control of the agencies because of the way laws are written. (B) Agency recommendations on how to improve the efficiency of regulation by modifying an existing statute could be helpful to Congress. 3. Uniform use of cost-benefit analysis Section 553 (f) (1) Before an agency publishes or otherwise provides notice of a notice of proposed rulemaking under this section, the agency shall comply with the following requirements with respect to the proposed rule: (A) The agency shall identify, in the context of a coherent conceptual framework and supported with objective data— (i) the nature and significance of the market failure, regulatory failure, or other problem that necessitates regulatory action; (ii) the reasons why national economic and income growth, advancing technology, and other market developments will not obviate the need for the rulemaking; (iii) the reasons why regulation at the State, local, or tribal level could not address the problem better than at the Federal level; (iv) the reasons why reducing rather than increasing the extent or stringency of existing Federal regulation would not address the problem better; and (v) the particular authority under which the agency may take action. (B) Before the agency increases the extent or stringency of regulation based on its determinations pursuant to subparagraph (A), the agency shall— (i) set an achievable objective for its regulatory action and identify the metrics by which the agency will measure progress toward the objective; (ii) issue a notice of inquiry seeking public comment on the identification of a new objective under clause (i); and (iii) give notice to the committees of Congress with jurisdiction over the subject matter of the rule. (C) If the agency is not seeking to repeal a rule, the agency shall develop not less than 3 distinct regulatory options, in addition to not regulating, that the agency estimates will provide the greatest benefits for the least cost in meeting the regulatory objective set under subparagraph (B) and, in developing such regulatory options, shall apply the following principles: (i) The agency shall, to the extent practicable— (I) attempt to engage private incentives to solve a problem; and (II) not supplant private incentives any more than necessary. (ii) The agency shall consider the adverse effects that mandates and prohibitions may have on innovation, economic growth, and employment. (iii) (I) The agency’s risk assessment shall be confined to the jurisdiction of the agency, subject to specific regulatory authority. (II) Agency assessments of the risks of adverse health and environmental effects shall follow standardized parameters, assumptions, and methodologies. (III) The agency shall provide analyses of increases in risks, whatever their nature, produced by the regulatory options under consideration. (iv) The agency shall avoid incongruities and duplication in regulation at the Federal, State, local, and tribal levels. (v) The agency shall compare and contrast the regulatory options developed and explain how each would meet the regulatory objective set pursuant to subparagraph (B). (D) The agency shall estimate the costs and benefits of each regulatory option developed, notwithstanding any provision of law that prohibits the agency from using costs in rulemaking, at least to the extent that the agency is able to— (i) exclude options whose costs exceed their benefits; (ii) rank the options by cost from lowest to highest; (iii) estimate the monetary cost of any adverse effects on private property rights, identify the categories of persons who experience a net loss from a regulatory option, and explain why the negative effects cannot be lessened or avoided; (iv) establish whether the cost of an option exceeds $50,000,000 for any 12-month period, except that the dollar amount shall be adjusted annually for inflation based on the GDP deflator, and the President may order that a lower dollar amount be used for a particular period; (v) identify the key uncertainties and assumptions that drive the results of the analysis under clause (iv); and (vi) provide an analysis of how the ranking of the options and the threshold determination under clause (iv) may change if key assumptions are changed. (E) The estimates pursuant to subparagraph (D) shall— (i) follow the methodology established pursuant to paragraph (2)(A); (ii) to the maximum extent practicable, comply with any guidelines issued by the Administrator of the Office of Information and Regulatory Affairs pertaining to cost-benefit analysis; and (iii) include, at a minimum— (I) agency administrative costs; (II) United States private sector compliance costs; (III) Federal, State, local, and tribal compliance costs; (IV) Federal, State, local, and tribal revenue impacts; (V) impacts from the regulatory options developed on United States industries in the role of suppliers and consumers to each industry substantially affected, especially in terms of employment, costs, volume and quality of output, and prices; (VI) nationwide impacts on overall economic output, productivity, and consumer and producer prices; (VII) international competitiveness of United States companies; and (VIII) distortions in incentives and markets, including an estimate of the resulting loss to the United States economy. (F) The agency shall— (i) publish for public comment all analyses, documentation, and data under subparagraphs (A) through (D) for a public comment period of not less than 30 days (subject to applicable limitations under law, including laws protecting privacy, trade secrets, and intellectual property); and (ii) correct deficiencies or omissions that the agency becomes aware of before choosing a rule to propose. (2) (A) (i) Beginning not later than the date that is 180 days after the date of enactment of the Sound Regulation Act of 2014 (I) establish and maintain a specific cost-benefit analysis methodology appropriate to the functions and responsibilities of the agency; and (II) establish an appropriate period for review of new rules to assess the cost effectiveness of each such new rule at achieving the objective that the new rule was intended to address, as identified under paragraph (1)(B)(i). (ii) The methodology established by an agency under clause (i) shall— (I) include the standardized parameters, assumptions, and methodologies for agency assessments of risk under paragraph (1)(C)(iii); (II) comply, to the maximum extent practicable, with technical standards for methodologies and assumptions issued by the Administrator for the Office of Information and Regulatory Affairs; (III) include the scope of benefits and costs consistent with the framework used and the metrics identified in the establishment of the regulatory objective under paragraph (1); (IV) not include consideration of incidental benefits but only those benefits that were considered in the establishment of the regulatory objective under paragraph (1); (V) limit consideration of costs and benefits to costs and benefits that accrue to the population of the United States; (VI) constrain the agency from presuming that continued augmentation or tightening of mandates and additional prohibitions cause benefits and costs to change linearly but instead determine at what point benefits will rise less than, and costs will rise more than, proportionally; (VII) include comparison of incremental benefits to incremental costs from any action the agency considers taking and refrain from actions whose incremental benefits do not exceed their incremental costs; and (VIII) include analysis of effects on private incentives and possible unintended consequences. (iii) Each agency shall adhere to the methodology established by the agency under this subparagraph in all rulemakings. (B) If an agency does not select the least-cost regulatory option as its proposed rule, the agency shall justify its selection, explaining— (i) how that selection furthers other goals or requirements relevant to regulating matters within the jurisdiction of the agency and why these should override cost savings; and (ii) why each of the other regulatory options not chosen would not sufficiently further such other goals or requirements. (C) Any person may petition an agency to amend an existing rule made prior to the establishment of methodology under this paragraph, and, if the agency denies such a petition, that denial shall be subject to review under chapter 7 of this title. (3) If an agency makes a determination under paragraph (1)(D) that the monetized cost of a rule exceeds the applicable monetary limit under clause (iv) of such paragraph for any 12-month period— (A) the head of the agency shall— (i) first issue an advanced notice of proposed rulemaking; (ii) provide notice to the appropriate Congressional committees; and (iii) keep the committees described in clause (ii) informed of the status of the rulemaking; (B) the agency shall— (i) notify— (I) the Administrator of the Small Business Administration (referred to in this paragraph as the Administrator (II) the Director of the Office of Management and Budget (referred to in this paragraph as the Director (III) affected parties; and (ii) provide each person described in clause (i) with information on— (I) the potential effects of the proposed rule on affected parties; and (II) the type of affected parties that might be affected; (C) not later than 15 days after the date of receipt of the information described in subparagraph (B)(ii), the Director, in consultation with the Administrator, shall— (i) identify representatives of affected parties, not less than 25 percent of which shall, when possible, represent small business concerns (as such term is defined in section 3(a) of the Small Business Act ( 15 U.S.C. 623(a) (ii) provide each major stakeholder with the opportunity to obtain advice and recommendations about the potential effects of the proposed rule; (D) the agency shall convene a review panel that consists wholly of— (i) full-time Federal officers, employees, and contractors in the agency; (ii) the Director; (iii) the Administrator; and (iv) the representatives of affected parties identified under subparagraph (C)(i); (E) the agency shall— (i) conduct a detailed analysis of the costs and benefits of the regulatory option that the agency is advancing; and (ii) in conducting the detailed analysis under clause (i)— (I) consider the cumulative and interactive costs of regulatory requirements of Federal, State, local, tribal, and, where applicable, international regulations; (II) identify the key uncertainties and assumptions that drive the results of the analysis; and (III) provide an analysis of how the ranking of the regulatory options changes if the key assumptions identified under subclause (II) are changed; (F) the review panel convened under subparagraph (D) shall review— (i) all agency material prepared in connection with this subsection, including any draft proposed rule; and (ii) the advice and recommendations of each representative of an affected party identified under subparagraph (C)(i); (G) not later than 60 days after the date on which the agency convenes the review panel under subparagraph (D)— (i) the review panel shall report on— (I) the comments of each representative of an affected party identified under subparagraph (C)(i); and (II) the findings of the review panel as to issues related to the provisions of this subsection; and (ii) the report under clause (i) shall be made public as part of the rulemaking record; (H) if appropriate, the agency shall modify the proposed rule or the cost-benefit analysis under subparagraph (E) based on the report under subparagraph (G); (I) subject to applicable limitations under law, including laws protecting privacy, trade secrets, and intellectual property, the agency shall— (i) publish for comment all analyses, documentation, and data under this subsection for a public comment period of not less than 30 days; and (ii) correct deficiencies or omissions that the agency becomes aware of before adopting a proposed rule; and (J) the agency shall ensure that affected parties, including State, local, or tribal governments, and other stakeholders, may participate in the rulemaking, by means such as— (i) the publication of advanced and general notices of proposed rulemaking in publications likely to be obtained by affected parties; (ii) the direct notification of interested affected parties; (iii) the conduct of open conferences or public hearings, including soliciting and receiving comments over computer networks; and (iv) reducing the cost or complexity of procedural rules to ease participation in the rulemaking. (4) Every 4 years, each agency shall— (A) conduct a review of all rules of the agency that are in effect; and (B) determine based on objective data whether the rules are— (i) working as intended; (ii) furthering their objectives; (iii) imposing unanticipated costs; or (iv) generating a net benefit or not; (C) amend the rules if appropriate; and (D) report to Congress the findings of the review conducted under this paragraph. (5) Notwithstanding any other provision of law, including any provision of law that explicitly prohibits the use of cost-benefit analysis in rulemaking, an agency shall conduct cost-benefit analyses and report to Congress the findings with specific recommendations for how to lower regulatory costs by amending the statutes prohibiting the use thereof. (6) For purposes of this subsection— (A) the term regulatory options (B) the term private incentives (i) means financial gains or losses that motivate actions by private individuals and businesses; and (ii) does not include any law or regulation that prescribes private actions or outcomes; and (C) the term incidental benefit (7) All determinations made under this subsection shall be subject to review under chapter 7. . 4. Congressional review Section 801(a)(2) (C) The Comptroller General shall— (i) examine the cost-benefit analysis for compliance with the requirements of section 553(f), including the agency methodology established under section 553(f)(2)(A); (ii) examine any risk analysis under section 553(f)(1)(C)(iii) pertaining to the cost-benefit analysis for compliance with the requirements under section 553(f); and (iii) (I) examine the agencies’ quadrennial regulatory reviews conducted under section 553(f)(4) for consistency with the requirements under section 553(f); and (II) report to Congress on the results of the examination under subclause (I). .

Sound Regulation Act of 2014

Clean Cookstoves and Fuels Support Act - Directs the Secretary of State to work to advance the goals of the Global Alliance for Clean Cookstoves. Authorizes appropriations for the Department of State, the U.S. Agency for International Development (USAID), the Department of Energy (DOE), the National Institutes of Health (NIH), the Centers for Disease Control and Prevention (CDCP), the Environmental Protection Agency (EPA), the National Science Foundation (NSF), the Department of Agriculture (USDA), the National Oceanic and Atmospheric Administration (NOAA), and the Peace Corps to work with the Alliance. Expresses the sense of Congress that such departments and agencies should be provided sufficient future funding to work with the Alliance.

113 S2100 IS: Clean Cookstoves and Fuels Support Act U.S. Senate 2014-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2100 IN THE SENATE OF THE UNITED STATES March 10, 2014 Ms. Collins Mr. Durbin Committee on Foreign Relations A BILL To promote the use of clean cookstoves and fuels to save lives, improve livelihoods, empower women, and protect the environment by creating a thriving global market for clean and efficient household cooking solutions. 1. Short title This Act may be cited as the Clean Cookstoves and Fuels Support Act 2. Findings Congress makes the following findings: (1) Nearly half the world’s population cooks their food over open fires or inefficient, polluting, and unsafe cookstoves using wood, agricultural waste, dung, coal, or other solid fuels. Smoke from the use of these traditional cookstoves and open fires is associated with a number of chronic and acute diseases and injuries, including respiratory illnesses such as pneumonia, heart disease, and cancer, with women and young children affected disproportionately. (2) The Global Burden of Disease Study 2010 doubled the mortality estimates for exposure to smoke from cookstoves, referred to as household air pollution (3) The amount of biomass cooking fuel required each year can reach up to two tons per family. Where demand for local biomass outstrips the natural regrowth of resources, local environmental degradation and loss of biodiversity often result. (4) Tremendous amounts of time, a burden shouldered disproportionately by women and children, is spent collecting and managing biomass cooking fuel resources. As nearby fuel supplies dwindle, women are forced to go farther to find fuel to cook their families’ meals. In some regions, women and girls risk rape and gender-based violence during the up to 20 hours per week they spend away from their communities gathering firewood. (5) Recent studies show that black carbon created from biomass cookstoves significantly contributes to regional air pollution and climate change. Black carbon emissions from residential cookstoves in developing countries account for an estimated 21 percent of total global inventory, and mitigation in this sector represents a large potential public health benefit. (6) The Global Alliance for Clean Cookstoves is an innovative public-private partnership hosted by the United Nations Foundation that was created to enable the adoption of clean and efficient stoves in 100,000,000 homes by 2020. The Alliance works with public, private, and non-profit partners to overcome market barriers that currently impede the production, deployment, and use of clean cookstoves and fuels in the developing world. (7) The United States Government has committed a total of up to $125,000,000 to the sector, including approximately $60,000,000 in research, $15,000,000 in field implementation activities, and up to $50,000,000 in financing, through the first five years of the Alliance to help spur the adoption of clean cookstoves and fuels in 100,000,000 households by 2020 as follows: (A) The Department of State has committed $1,020,000 through fiscal year 2015 and the United States Agency for International Development has committed $18,400,000 through fiscal year 2015. (B) The Department of Energy has committed $13,200,000 through fiscal year 2016. (C) The Department of Health and Human Services has committed $31,690,000 through the National Institutes of Health through fiscal year 2016 and $3,900,000 through the Centers for Disease Control and Prevention through fiscal year 2015. (D) The Environmental Protection Agency has committed $9,670,000 through fiscal year 2015. (E) The National Science Foundation has committed $1,270,000 through fiscal year 2015. (F) The Overseas Private Investment Corporation has committed up to $50,000,000 through fiscal year 2016 in debt financing or insurance that meet their credit and lending standards to support projects that provide clean, consistent, and affordable access to energy and energy savings through the manufacture, sale, and purchase of cookstoves. (8) This commitment targets a wide range of work, including expanded research on cookstoves performance, marketing, and adoption; expanded research on the health, climate and air quality benefits of clean cookstoves; and expanded field efforts in Kenya, Haiti, Bangladesh, and Nigeria. (9) Additional Federal support is being provided to the Alliance, including by the Department of Agriculture, the National Oceanic and Atmospheric Administration, and the Peace Corps. (10) The Millennium Challenge Corporation, in 2010, prior to the launch of the Alliance, committed the largest stoves-related investment to date in Mongolia. The commitment of $45,300,000 focused on economic growth from energy efficiency and improved air quality. 3. Advancement of Global Alliance for Clean Cookstoves goal The Secretary of State, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Health and Human Services, the Administrator of the United States Agency for International Development, the Director of the National Science Foundation, the President of the Overseas Private Investment Corporation, and the heads of other relevant Federal agencies, and in coordination with relevant international nongovernmental organizations and private and governmental entities, shall work to advance the goals and work of the Global Alliance for Clean Cookstoves, including through— (1) applied research and development to improve design, lower costs, promote technology adoption, conduct health research and evaluation, and develop global industry standards and testing protocols for cookstoves and fuels in order to help ensure minimum standards for efficiency and cleanliness are met; (2) diplomatic engagement to encourage a commercial market for clean cookstoves and fuels, reduce trade barriers, promote consumer awareness, improve access to large-scale carbon financing, and foster women-owned businesses along the entire business value chain; (3) international development projects to help build commercial businesses to manufacture, market, distribute, sell, and service clean cookstoves and fuels; (4) development efforts related to refugee camps, disaster relief, and long-term humanitarian and empowerment programs aimed at assisting women and girls; and (5) financing or insurance to support projects that provide access to clean, affordable energy and energy savings through the manufacture, sale, and purchase of clean cookstoves and fuels. 4. Authorizations of appropriations (a) Department of State and United States Agency for International Development There are authorized to be appropriated out of funds available to the Department of State and the United States Agency for International Development such sums as may be necessary for fiscal years 2014 through 2015 to work with the Global Alliance for Clean Cookstoves and foreign governments, including— (1) to engage in a wide range of diplomatic activities, including with countries across the globe and with United States embassies abroad, to support Alliance activities and the clean cookstoves and fuels sector, and to continue the clean cooking initiative under the Climate and Clean Air Coalition to reduce emissions of short-lived climate pollutants; (2) to advance programs that support the adoption of affordable cookstoves that require less fuel to meet household energy needs and release fewer pollutants, as a means to improve health, reduce environmental degradation, mitigate climate change, foster economic growth, and empower women; and (3) to carry out other activities under this Act. (b) Department of Energy There are authorized to be appropriated to the Secretary of Energy out of funds available to the Department of Energy such sums as may be necessary for fiscal years 2014 through 2016 to work with the Global Alliance for Clean Cookstoves, including— (1) to conduct research to spur development of low-cost, low-emission, high-efficiency cookstoves through research in areas such as combustion, heat transfer, and materials development; (2) to conduct research to spur development of low-emission, high-efficiency biomass fuels; (3) to support innovative small businesses in the United States that are developing advanced cookstoves and improved cookstove assessment devices; and (4) to carry out other activities under this Act. (c) National Institutes of Health There are authorized to be appropriated to the Secretary of Health and Human Services out of funds available to the National Institutes of Health such sums as may be necessary for fiscal years 2014 through 2016 for the National Institutes of Health to work with the Global Alliance for Clean Cookstoves, including— (1) to support health research and training to improve the health and lives of those at risk from household burning of solid fuels, including— (A) dedicated resources for research on household air pollution to ensure adoption of life-saving interventions and policy formulation; and (B) regional network research and training hubs in global environmental health and occupational health with a household air pollution focus; and (2) to carry out other activities under this Act. (d) Centers for Disease Control and Prevention There are authorized to be appropriated to the Secretary of Health and Human Services out of funds available to the Centers for Disease Control and Prevention such sums as may be necessary for fiscal years 2014 through 2015 for the Centers for Disease Control and Prevention to work with the Global Alliance for Clean Cookstoves, including— (1) to evaluate cookstove and fuel programs to better understand their public health benefits and key determinants of adoption; (2) to promote a better understanding of the relationship between human exposures and health outcomes from the use of traditional cookstoves and open fires; and (3) to carry out other activities under this Act. (e) Environmental Protection Agency There are authorized to be appropriated to the Administrator of the Environmental Protection Agency out of funds available to the Environmental Protection Agency such sums as may be necessary for fiscal years 2014 through 2015 for the Environmental Protection Agency to work with the Global Alliance for Clean Cookstoves, including— (1) to conduct cookstove and fuel testing and evaluation in the lab and field, including evaluation of fuel efficiency and air pollutant emissions that affect human health and the environment, and to develop international standards regarding fuel use, emissions, and safety of cookstoves and fuels; (2) to conduct climate, health, and air quality research, including with United States institutions of higher education, on the air quality and climatic benefits of interventions for cookstoves and residential burning, and to continue the cookstoves initiative under the Climate and Clean Air Coalition to reduce emissions of short-lived climate pollutants; and (3) to carry out other activities under this Act. (f) National Science Foundation There are authorized to be appropriated to the Director of the National Science Foundation out of funds available to the National Science Foundation such sums as may be necessary for fiscal years 2014 through 2015 for the National Science Foundation to work with the Global Alliance for Clean Cookstoves, including— (1) to support research related to the climate, air quality, and health benefits of the adoption of clean cookstoves and fuels; and (2) to carry out other activities under this Act. (g) Department of Agriculture There are authorized to be appropriated to the Secretary of the Department of Agriculture out of funds available to the Department of Agriculture such sums as may be necessary for fiscal years 2014 through 2015 for the Department of Agriculture to work with the Global Alliance for Clean Cookstoves, including— (1) to provide technical expertise on policy questions facing the cookstoves sector and to help align the Alliance with ongoing international efforts that promote the sustainable production and use of clean burning biomass cooking fuels, to optimize natural resource conservation and agricultural productivity; and (2) to carry out other activities under this Act. (h) National Oceanic and Atmospheric Administration There are authorized to be appropriated to the Administrator of the National Oceanic and Atmospheric Administration (NOAA) out of funds available to NOAA such sums as may be necessary for fiscal years 2014 through 2015 for NOAA to work with the Global Alliance for Clean Cookstoves, including— (1) to partner with scientists in other countries to monitor global black carbon emissions and assess climate impacts and benefits of switching to clean cookstoves; and (2) to carry out other activities under this Act. (i) Peace Corps There are authorized to be appropriated to the Director of the Peace Corps out of funds available to the Peace Corps such sums as may be necessary for fiscal years 2014 through 2015 for the Peace Corps to work with the Global Alliance for Clean Cookstoves, including— (1) to train community members to select, construct, and maintain clean cookstoves and fuels, provide ongoing support to sustain their use, and help families, schools, and others access grants to lower the cost; and (2) to carry out other activities under this Act. (j) Future years funding It is the sense of Congress that the departments and agencies referenced in this section should be provided sufficient funding in future fiscal years to fund commitments related to work with the Global Alliance for Clean Cookstoves.

Clean Cookstoves and Fuels Support Act

General Aviation Pilot Protection Act of 2014 - Directs the Administrator of the Federal Aviation Administration (FAA) to issue or revise FAA medical certification regulations to ensure that an individual may operate as a pilot of a covered aircraft without regard to any medical certification or proof of health requirement otherwise applicable under federal law if the flight meets certain criteria and the individual: (1) possesses a valid state driver's license, (2) complies with applicable medical requirements associated with that license, (3) is transporting five or fewer passengers, and (4) is operating under visual flight rules. Defines "covered aircraft" as an aircraft that: (1) is not authorized under federal law to carry more than six occupants, and (2) has a maximum certificated takeoff weight of no more than 6,000 pounds.

113 S2103 IS: General Aviation Pilot Protection Act of 2014 U.S. Senate 2014-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2103 IN THE SENATE OF THE UNITED STATES March 11, 2014 Mr. Boozman Mr. Moran Mr. Roberts Committee on Commerce, Science, and Transportation A BILL To direct the Administrator of the Federal Aviation Administration to issue or revise regulations with respect to the medical certification of certain small aircraft pilots, and for other purposes. 1. Short title This Act may be cited as the General Aviation Pilot Protection Act of 2014 2. Medical certification of certain small aircraft pilots (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue or revise medical certification regulations to ensure that an individual may operate as pilot in command of a covered aircraft without regard to any medical certification or proof of health requirement otherwise applicable under Federal law if— (1) the individual possesses a valid State driver’s license and complies with any medical requirement associated with that license; (2) the individual is transporting not more than 5 passengers; (3) the individual is operating under visual flight rules; and (4) the relevant flight, including each portion thereof, is not carried out— (A) for compensation, including that no passenger or property on the flight is being carried for compensation; (B) at an altitude that is more than 14,000 feet above mean sea level; (C) outside the United States, unless authorized by the country in which the flight is conducted; or (D) at a speed exceeding 250 knots. (b) Covered aircraft defined In this section, the term covered aircraft (1) is not authorized under Federal law to carry more than 6 occupants; and (2) has a maximum certificated takeoff weight of not more than 6000 pounds. 3. Report Not later than 5 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a report that describes the impact that the regulations issued or revised under section 2 have had, including statistics with respect to changes in small aircraft activity and safety incidents.

General Aviation Pilot Protection Act of 2014

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) National Park Access Act - Requires the National Park Service to refund to each state all of the funds that it used to reopen and temporarily operate a unit of the National Park System during the government shutdown in October 2013 in which there was a lapse in appropriations for that unit.

113 S2104 IS: National Park Access Act U.S. Senate 2014-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2104 IN THE SENATE OF THE UNITED STATES March 11, 2014 Mr. Flake Mr. Udall of Colorado Mr. Alexander Mr. McCain Mr. Bennet Mr. Lee Mr. Hatch Mr. Corker Committee on Energy and Natural Resources A BILL To require the Director of the National Park Service to refund to States all State funds that were used to reopen and temporarily operate a unit of the National Park System during the October 2013 shutdown. 1. Short title This Act may be cited as the National Park Access Act 2. Findings Congress finds that— (1) during the period in October 2013 in which there was a lapse in appropriations (referred to in this section as the Government shutdown (2) pursuant to the agreements described in paragraph (1), the States listed in paragraph (1) advanced approximately $2,000,000 to the National Park Service to pay for park operations during the Government shutdown; (3) the units of the National Park System that were temporarily reopened using State funds also collected gate entry fees; (4) the Government shutdown ended when Congress passed the Continuing Appropriations Act, 2014 (Public Law 113–46), which retroactively funded Federal agencies and Federal employee salaries for the period of time during which the Government was shut down; (5) by virtue of the retroactive appropriation made by Congress, the National Park Service retained an unintended shutdown windfall from the States listed in paragraph (1) of approximately $2,000,000; and (6) the States listed in paragraph (1) that entered into agreements described in paragraph (1) with the National Park Service should be fully reimbursed for advancing funds to maintain public access to iconic national treasures in the National Park System during the Government shutdown. 3. Refund of funds used by States to operate national parks during shutdown (a) In general The Director of the National Park Service shall refund to each State all funds of the State that were used to reopen and temporarily operate a unit of the National Park System during the period in October 2013 in which there was a lapse in appropriations for the unit. (b) Funding Funds of the National Park Service that are appropriated after the date of enactment of this Act shall be used to carry out this section.

National Park Access Act

Gun-Owner Registration Information Protection Act - Prohibits any federal agency from supporting (by funding or other means) the establishment or maintenance by a state or political subdivision of any listing of firearms lawfully possessed or owned by private persons, or of persons who lawfully possess or own firearms, except in the case of firearms that have been reported as lost or stolen.

113 S2105 IS: Gun-Owner Registration Information Protection Act U.S. Senate 2014-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2105 IN THE SENATE OF THE UNITED STATES March 11, 2014 Mr. Cochran Mr. Inhofe Mr. Moran Mr. Roberts Mr. Burr Mr. Cornyn Ms. Collins Mr. Hatch Mr. Enzi Mr. Rubio Mr. Wicker Mr. Crapo Mr. Johanns Committee on Homeland Security and Governmental Affairs A BILL To prohibit the Federal funding of a State firearms ownership database. 1. Short title This Act may be cited as the Gun-Owner Registration Information Protection Act 2. Prohibition on Federal funding of firearms ownership database No department or agency of the United States shall support, by funding or other means, the establishment or maintenance, by a State or political subdivision of a State, of any comprehensive or partial listing of firearms lawfully possessed or lawfully owned by private persons, or of persons who lawfully possess or own firearms, except in the case of firearms that have been reported to the State or political subdivision as lost or stolen.

Gun-Owner Registration Information Protection Act

Simplifying Access to Student Loan Information Act of 2014 - Amends the Truth in Lending Act to require private educational lenders to submit to the Secretary of Education information regarding each private education loan they make. Requires that such information: (1) be placed in the National Student Loan Data System (System), and (2) allow for the electronic exchange of data between the borrowers of those loans and the System. (The System currently contains information regarding loans made, insured, or guaranteed under the Federal Family Education Loan program and loans made under the William D. Ford Federal Direct Loan and Federal Perkins Loan programs.) Requires the private education loan information to include, if determined appropriate by the Secretary: the total amount and type of each loan; the interest rate on each loan; information regarding the borrower that the Secretary deems necessary to ensure the electronic exchange of data between the borrower and the System; contact information regarding the lender and servicer of each loan; information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan; and the date the borrower completes repayment. Requires private educational lenders to ensure the privacy of borrowers and update the loan information they submit to the System on the same schedule as information is updated under the System. Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Secretary to ensure that: (1) a cosigner of a private education loan for which information is included in the System has access only to that information, and (2) a private educational lender has access to the System only to submit information regarding the lender's loans. Directs the Secretary to establish a functionality within the System that enables student borrowers of loans made, insured, or guaranteed under title IV to input the information necessary to compare the repayment plans available to them under that title. Requires the Secretary to establish a five-year pilot program awarding competitive grants to institutions of higher education, title IV loan servicers, and nonprofit organizations to: (1) establish or improve non-traditional outreach programs and initiatives to reduce deferments, forbearances, and defaults on student loan repayments; and (2) establish best practices for reducing those deferments, forbearances, and defaults. Allows the Secretary to continue to award competitive grants to such entities after the close of the pilot program if the Secretary deems that program to have been successful in reducing deferments, forbearances, and defaults. Requires recipients of grants after the pilot program to establish either: (1) a Pay-for-Performance project, under which they agree to be reimbursed under the grant primarily on the basis of achieving specified performance measures; or (2) a Pay-for-Success project, under which they partner with a project investor and agree to be reimbursed under the grant only if the project achieves specified performance measures. Directs the Secretary to establish and publish those performance measures no later than six months after the pilot program's completion.

113 S2107 IS: Simplifying Access to Student Loan Information Act of 2014 U.S. Senate 2014-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2107 IN THE SENATE OF THE UNITED STATES March 11, 2014 Mrs. Shaheen Committee on Health, Education, Labor, and Pensions A BILL To increase students’ and borrowers’ access to student loan information within the National Student Loan Data System, and to encourage improved outreach to and communication with borrowers. 1. Short title This Act may be cited as the Simplifying Access to Student Loan Information Act of 2014 2. Amendment to the Truth in Lending Act (a) In general Section 128(e) of the Truth in Lending Act ( 15 U.S.C. 1638(e) (12) National Student Loan Data System (A) In general Each private educational lender shall— (i) submit to the Secretary of Education for inclusion in the National Student Loan Data System established under section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b (ii) in carrying out clause (i), ensure the privacy of private education loan borrowers. (B) Information to be submitted The information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System shall include the following if determined appropriate by the Secretary of Education: (i) The total amount and type of each such loan made, including outstanding interest and outstanding principal on such loan. (ii) The interest rate of each such loan made. (iii) Information regarding the borrower that the Secretary of Education determines is necessary to ensure the electronic exchange of data between borrowers of private education loans and the System. (iv) Information, including contact information, regarding the lender that owns the loan. (v) Information, including contact information, regarding the servicer that is handling the loan. (vi) Information concerning the date of any default on the loan and the collection of the loan, including any information concerning the repayment status of any defaulted loan. (vii) Information regarding any deferment or forbearance granted on the loan. (viii) The date of the completion of repayment by the borrower of the loan. (ix) Any other information determined by the Secretary of Education to be necessary for the operation of the National Student Loan Data System. (C) Update Each private educational lender shall update the information regarding private education loans required under subparagraph (A) to be included in the National Student Loan Data System on the same schedule as information is updated under the System under section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b . (b) Effective date The amendment made by subsection (a) shall apply to private education loans that were made for the 2011–2012 academic year or later. 3. Amendment to the Higher Education Act of 1965 Section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b (i) Private education loans (1) In general The National Student Loan Data System established pursuant to subsection (a) shall contain the information required to be included under section 128(e)(12) of the Truth in Lending Act ( 15 U.S.C. 1638(e)(12) (2) Cosigner Notwithstanding any other provision of law, the Secretary shall ensure that any cosigner of a private education loan for which information is included in the National Student Loan Data System— (A) is able to access the information in such System with respect to such private education loan; and (B) does not have access to any information in such System with respect to any loan for which the cosigner has not cosigned. (3) Privacy The Secretary shall ensure that a private educational lender— (A) has access to the National Student Loan Data System only to submit information for such System regarding the private education loans of such lender; and (B) may not see information in the System regarding the loans of any other lender. (j) Repayment options The Secretary shall establish a functionality within the National Student Loan Data System established pursuant to subsection (a) that enables a student borrower of a loan made, insured, or guaranteed under this title to input information necessary for the estimation of repayment amounts under the various repayment plans available to the borrower of such loan to compare such repayment plans. . 4. Non-traditional outreach program (a) Pilot program authorized (1) In general The Secretary of Education (referred to in this section as the Secretary (A) reducing deferments, forbearances, and defaults on student loan repayments; and (B) establishing best practices for reducing deferments, forbearances, and defaults on student loan repayments. (2) Eligible entity Except as provided in subsection (e), in this section, the term eligible entity (A) an institution of higher education entity; (B) an entity that services loans made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (C) a nonprofit organization that has— (i) substantial experience in administering student loan counseling; or (ii) demonstrated success in reducing deferments, forbearances, and defaults on student loan repayments. (3) Reservation for nonprofit servicers From amounts made available to carry out this section, the Secretary shall reserve not less than 10 percent to award grants under paragraph (1) to eligible entities that are nonprofit student loan servicers. (b) Application An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Activities (1) In general An eligible entity that receives a grant under this section shall use the grant funds to establish non-traditional outreach programs and initiatives that may include the following: (A) New or improved pre-college loan entrance counseling and financial literacy sessions. (B) New or improved exit counseling for student loan borrowers. (C) Train students in how to use the National Student Loan Data System established under section 485B of the Higher Education Act of 1965 ( 20 U.S.C. 1092b (D) At least 1 check-in while a student loan borrower is enrolled in the academic program for which the student has taken out a loan (which shall occur not earlier than half way through completion of such academic program), which check-in shall provide the borrower with an update on the borrower's student loan status and information on how the outreach program can serve as an information resource for the borrower. (E) Annual follow-ups with student loan borrowers after the borrowers are no longer enrolled in the academic program for which the student has taken out a loan by attempting to contact the borrowers by phone, email, mail, or in person and providing continued guidance and counseling and serving as an information resource. (F) Follow-ups once a student loan borrower reaches a certain level of delinquency on repayment of such loan, as determined by the Secretary. (2) Private loans An eligible entity that receives a grant under this section shall work to reduce defaults on private education loan debt. (d) Supplement not supplant An eligible entity shall use grant funds received under this section only to supplement the funds that would, in the absence of such grant funds, be made available from non-Federal sources for the activities described in subsection (c), and not to supplant such funds. (e) Continuation of grant awards (1) In general If the Secretary determines that the pilot program established under this section has been successful in reducing deferments, forbearances, and defaults on student loan repayments, the Secretary may continue to award competitive grants beyond the initial pilot program period in accordance with this subsection. (2) Authorization The Secretary shall award grants under this subsection on a competitive basis to eligible entities described in paragraph (3) who achieve specific performance outcomes and criteria in reducing deferments, forbearances, and defaults on student loan repayments. Projects funded by grants under this subsection shall be referred to as either Pay-for-Performance or Pay-for-Success projects, as set forth in paragraph (3). (3) Eligible entity To be eligible to receive a grant under this subsection, an entity shall be an entity described in subparagraph (A), (B), or (C) of subsection (a)(2) that— (A) in the case of an entity seeking to carry out a Pay-for-Performance project, agrees to be reimbursed under the grant primarily on the basis of achievement of specified performance outcomes and criteria established by the Secretary under paragraph (4); or (B) in the case of an entity seeking to carry out a Pay-for-Success project— (i) enters into a partnership with an investor, such as a philanthropic organization that provides funding for a specific project to address reducing deferments, forbearances, and defaults on student loan repayments; and (ii) agrees to be reimbursed under the grant only if the project achieves specified performance outcomes and criteria established by the Secretary under paragraph (4). (4) Performance outcomes and criteria Not later than 6 months after the completion of the pilot program, the Secretary shall establish and publish on the Web site of the Department of Education specific performance measures, which include performance outcomes and criteria, for the initial qualification and reimbursement of eligible entities to receive a grant under this subsection. (5) Period of availability for Pay-for-Success Projects Funds appropriated to carry out Pay-for-Success projects under this subsection shall, upon obligation, remain available for disbursement until expended, notwithstanding section 1552 (f) Reports (1) Eligible entities An eligible entity that receives a grant under this section shall submit an annual report to the Secretary that describes the use of grant funds and details the results of the activities conducted with such grant funds. (2) Secretary (A) In general The Secretary shall submit a report to Congress that details the results of the program funded under this section and describes best practices in non-traditional outreach programs that reduce deferments, forbearances, and defaults on student loan repayments. (B) Report available publicly The Secretary shall make the report described in subparagraph (A) publicly available on the Web site of the Department of Education.

Simplifying Access to Student Loan Information Act of 2014

National STEM Education Tax Incentive for Teachers Act of 2014 - Amends the Internal Revenue Code to allow certain full-time elementary and secondary school teachers of mathematics, science, engineering, or technology courses a refundable tax credit for 10% of their undergraduate tuition up to $1,000 in any taxable year. Increases such credit amount to $1,500 for teachers in schools serving disadvantaged children. Terminates such credit after the 10th taxable year for which such credit is allowed.

113 S2108 IS: National STEM Education Tax Incentive for Teachers Act of 2014 U.S. Senate 2014-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2108 IN THE SENATE OF THE UNITED STATES March 11, 2014 Mrs. Gillibrand Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to encourage teachers to pursue teaching science, technology, engineering, and mathematics subjects at elementary and secondary schools. 1. Short title This Act may be cited as the National STEM Education Tax Incentive for Teachers Act of 2014 2. Refundable credit for portion of tuition paid for undergraduate education of certain teachers (a) In General Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36C the following new section: 36D. Tuition for undergraduate education of certain teachers (a) In General In the case of an individual who is an eligible teacher for the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 10 percent of qualified undergraduate tuition paid by such individual. (b) Limitations (1) Dollar amount The credit allowed by this section for any taxable year shall not exceed $1,000. (2) Teachers in high-needs schools districts In the case of one of the first 5 taxable years in which a teacher is an eligible teacher who teaches in an elementary school or a secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) receiving funds under part A of title I of such Act (20 U.S.C. 6311 et seq.), subparagraph (A) shall be applied by substituting $1,500 $1,000 (3) Credit allowed only for 10 years No credit shall be allowed under this section for any taxable year after the 10th taxable year for which credit is allowed under this section. (c) Eligible Teacher For purposes of this section— (1) In general The term eligible teacher (A) who is a full-time teacher, including a full-time substitute teacher, in any of grades kindergarten through 12th grade for the academic year ending in such taxable year, (B) (i) who teaches primarily mathematics, science, engineering, or technology courses in one or more of grades 9 through 12 during such academic year, or (ii) who teaches mathematics, science, engineering, or technology courses in one or more of grades kindergarten through 8 during such academic year, (C) who, in the case that such individual is a middle or secondary school teacher, received a baccalaureate or similar degree with a major in mathematics, science, engineering, or technology from an institution of higher education, and (D) who is highly qualified (as defined in section 9101(23) of the Elementary and Secondary Education Act of 1965). (2) Special rule for administrative personnel School administrative functions shall be treated as teaching courses referred to in paragraph (1)(B) if such functions primarily relate to such courses or are for a school which focuses primarily on such courses. (d) Qualified Undergraduate Tuition For purposes of this section, the term qualified undergraduate tuition (e) Institution of Higher Education The term institution of higher education 20 U.S.C. 1002 (f) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section. . (b) Conforming Amendments (1) Paragraph (2) of section 1324(b) 36D, 36C, (2) The table of sections for subpart C 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 36C the following new item: Sec. 36D. Tuition for undergraduate education of certain teachers. . (c) Effective Date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act; except that only periods during which an individual is an eligible teacher (as defined in section 36D(c)

National STEM Education Tax Incentive for Teachers Act of 2014

Government Reports Elimination Act of 2014 - Eliminates, modifies, or consolidates reporting requirements for the: (1) Department of Agriculture, (2) Department of Commerce, (3) Department of Defense (DOD), (4) Department of Education, (5) Department of Energy (DOE), (6) Department of Health and Human Services (HHS), (7) Department of Homeland Security (DHS), (8) Department of Housing and Urban Affairs (HUD), (9) Department of Justice (DOJ), (10) Department of Labor, (11) Department of the Interior, (12) Department of State, (13) Department of the Treasury, (14) Department of Transportation (DOT), (15) Department of Veterans Affairs (VA), (16) Consumer Product Safety Commission (CPSC), (17) Corporation for National and Community Service (18) Environmental Protection Agency (EPA), (19) Federal Trade Commission (FTC), (20) General Services Administration (GSA), (21) National Aeronautics and Space Administration (NASA), (22) National Science Foundation (NSF), (23) Office of Personnel Management (OPM), (24) Securities and Exchange Commission (SEC), (25) Small Business Administration (SBA), (26) Social Security Administration (SSA), (27) Army Corps of Engineers, and (28) Executive Office of the President. Repeals or modifies reports relating to activities conducted by the intelligence community.

113 S2109 IS: Government Reports Elimination Act of 2014 U.S. Senate 2014-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2109 IN THE SENATE OF THE UNITED STATES March 11, 2014 Mr. Warner Ms. Ayotte Committee on Homeland Security and Governmental Affairs A BILL To eliminate duplicative, outdated, or unnecessary Congressionally mandated Federal agency reporting. 1. Short title; table of contents (a) Short title This Act may be cited as the Government Reports Elimination 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—Department of Agriculture Sec. 101. Commodity promotion and evaluation. Sec. 102. Annual reports by agricultural attaches. Sec. 103. Reporting requirement under Farmland Protection Policy Act. Sec. 104. Rural development programs. Sec. 105. Access to broadband telecommunications services in rural areas. Sec. 106. Promotion of agricultural exports to emerging democracies. Sec. 107. Commodity Credit Corporation quarterly report to Congress. Sec. 108. Crop insurance. Sec. 109. Early child nutrition education evaluations and reports. Sec. 110. Grain Inspection Service annual report. Sec. 111. Notification prior to release of information. Sec. 112. Plant pest and disease management and disaster prevention. Sec. 113. Agricultural trade. Sec. 114. Report on conservation program enrollments and assistance. Sec. 115. Status report for Food for Progress program. Sec. 116. Status report for technical assistance for specialty crops. Sec. 117. Timber supply and demand in southeastern Alaska. Sec. 118. Tongass National Forest report. TITLE II—Department of Commerce Sec. 201. Repeal of requirement for annual report on Atlantic migratory species. Sec. 202. Repeal of requirement for annual report on progress by educational institutions to become designated as sea grant colleges or sea grant institutions. Sec. 203. Repeal of requirement for annual reports on coordination between NSF and oceans and coastal research activities of NOAA. Sec. 204. Repeal of requirement for annual report on donations by NIST of educationally useful Federal equipment to schools. Sec. 205. Repeal of requirement for annual report by NIST on enterprise integration standardization and implementation activities. Sec. 206. Repeal of requirement for annual report on equal access for minority and economically disadvantaged students to fellowships on ocean, coastal, and Great Lakes resources. Sec. 207. Repeal of requirement for annual report on activities of Technology Innovation Program. Sec. 208. Repeal of requirement for annual report by TIP Advisory Board. Sec. 209. Repeal of requirement for annual report on activities of West Atlantic Fisheries Organization. Sec. 210. Harmful algal blooms and hypoxia reports. TITLE III—Department of Defense Sec. 301. Report on administration and oversight of Armed Forces Retirement Home. Sec. 302. Annual report on adequacy of budget for operational energy plans. Sec. 303. Annual report on combatant command activities. Sec. 304. Annual report on combating terrorism. Sec. 305. Annual report on public-private competition. Sec. 306. Arms Export Control Act report on military exports. Sec. 307. Reports on protection of certain individuals. Sec. 308. Audits of undefinitized contracts. Sec. 309. Notification of award of certain contracts to entities controlled by a foreign government. Sec. 310. Commercialization pilot program. Sec. 311. Notification of certain leases of vehicles. Sec. 312. Report on consideration of proposals for decorations not previously submitted in timely fashion. Sec. 313. Report on consideration of proposals for posthumous and honorary promotions and appointments. Sec. 314. Report on contingency construction. Sec. 315. Justification for conveyance of damages or deteriorated military family housing. Sec. 316. Report on defense economic adjustment planning. Sec. 317. Report on Defense Housing Investment Account. Sec. 318. Annual report on Department of Defense housing funds. Sec. 319. Report on Department of Defense technology and industrial base guidance. Sec. 320. Display of annual budget requirements for air sovereignty alert mission. Sec. 321. Report on emergency and extraordinary expenses. Sec. 322. Report on enhancement of activities of Defense Threat Reduction Agency. Sec. 323. Report on experimental personnel management program for scientific and technical personnel. Sec. 324. Report on Federal agency data mining. Sec. 325. Report on grants of exception to costs or pricing data certification requirements and waivers of cost accounting standards. Sec. 326. Inclusion of net square footage comparisons in requests to build military family housing. Sec. 327. Information to accompany funding requests for contingency operations. Sec. 328. Notification of military construction investments. Sec. 329. Quarterly reports on joint readiness reviews. Sec. 330. Report on limited partnerships with private developers of housing. Sec. 331. Report on military family readiness. Sec. 332. Report on multi-year aircraft lease pilot program. Sec. 333. Annual report on National Guard and reserve component equipment. Sec. 334. Notification of negotiations for payment-in-kind with host countries. Sec. 335. Notice of deficiency for military housing privatization projects. Sec. 336. Notice of long-term leasing of military family housing to be constructed. Sec. 337. Notification of burden sharing contributions by designated countries and regional organizations. Sec. 338. Notification of prime contract awards to comply with cooperative agreements; notification of waivers granted to prime contractors in conjunction with cooperative agreements. Sec. 339. Notification of equipment scheduled for retirement or disposal. Sec. 340. Oversight of procurement, test, and operational plans for ballistic missile defense programs. Sec. 341. Report on price trend analysis for supplies and equipment purchased by the Department of Defense. Sec. 342. Report on prohibition of certain civilian personnel management constraints. Sec. 343. Report on prohibition on contracting with entities that comply with the secondary Arab boycott of Israel. Sec. 344. Report on relocation of military family housing units. Sec. 345. Report on multinational military centers of excellence. Sec. 346. Notification of decisions to carry out certain facility repair projects. Sec. 347. Report on meritorious security waivers. Sec. 348. Report on reliability of Department of Defense financial statements. Sec. 349. Report to Congress regarding equip and train authority to recover the remains of missing personnel. Sec. 350. Reporting requirements relating to renewable energy use by the Department of Defense to meet the Department's electricity needs. Sec. 351. Reports on transfers from high-priority readiness appropriations. Sec. 352. Requirement for advance notification to Congress of transfer of certain excess defense articles. Sec. 353. Requirement for annual program goals for ballistic missile defense programs. Sec. 354. Notification of military construction project conducted using proceeds from sale of electricity from alternate energy and cogeneration production facilities. Sec. 355. Strategic sourcing plan of action and report on savings, consolidation, restructuring, or reengineering. Sec. 356. Biennial report on space protection strategy. Sec. 357. Report on timeliness standards for disposition of applications before corrections board. Sec. 358. Notification of water conservation construction projects. TITLE IV—Department of Education Sec. 401. Report on rehabilitation services training. Sec. 402. Report on data collection on the distribution of Federal education funds. Sec. 403. Report on Federal TRIO programs. Sec. 404. Reports on activities carried under the Rehabilitation Act of 1973. Sec. 405. Report on Advanced Placement incentive program grants. Sec. 406. Report on Advanced Placement test fee program. Sec. 407. Report on impact aid construction justifying discretionary grant awards. Sec. 408. Report on the protection and advocacy of individual rights. Sec. 409. Report on the rural and low-income school program. Sec. 410. Report on GEAR UP. TITLE V—Department of Energy Sec. 502. Report on stripper well and Exxon funds. Sec. 503. Studies on the benefits of economic dispatch. Sec. 504. Annual updates of Department of Energy defense nuclear facilities workforce restructuring plan. Sec. 505. Report on Federal purchase requirement. Sec. 506. Report on advanced uses of geothermal energy. Sec. 507. H-prize reports. Sec. 508. Report on voluntary commitments to reduce industrial energy intensity. Sec. 509. Report on marine and hydrokinetic technology. Sec. 510. Report on the activities of the office of petroleum reserves. Sec. 511. Report on amended energy efficiency standards. Sec. 512. Report on science and engineering education pilot program. Sec. 513. Annual reports on Central Valley Project water. Sec. 514. Report on Calfed Bay-Delta program. Sec. 515. Reports on oil or gas royalties taken in-kind. TITLE VI—Department of Health and Human Services Sec. 601. Report on long-term care ombudsman program. Sec. 602. Reports on part D formularies' inclusion of drugs commonly used by dual eligibles. Sec. 603. Report on pediatric initiative. Sec. 604. Report on the C.W. Bill Young Transplantation program. Sec. 605. Reports on activities of Qualified Independent Contractors. Sec. 606. Report on evaluation, research, and technical assistance activities supported by the promoting safe and stable families programs. Sec. 607. Report relating to organ donation and the recovery, preservation, and transportation of organs. Sec. 608. Report on the scientific and clinical status of organ transplantation. Sec. 609. Report on leased aircraft. Sec. 610. Report on national breast and cervical cancer early detection program. Sec. 611. Reports on national coverage determinations. Sec. 612. National Institute of Nursing Research report. Sec. 613. Report on relationship between premature birth and birth defects. Sec. 614. Report of Director, National Institutes of Health. Sec. 615. Trans-National Institutes of Health Research report. Sec. 616. Interagency Working Group on Health Care Quality report. Sec. 617. Autism surveillance activities report. Sec. 618. Lead contamination report. Sec. 619. World Trade Center Medical Monitoring and Treatment Program. Sec. 620. Long-term health effects of living organ donation report. Sec. 621. Program evaluation activities of HHS report. Sec. 622. Centers of Excellence report. Sec. 623. Submission of CFS–101 forms. Sec. 624. Superfund audit and report. Sec. 625. Reports under the Medicare enrollment demonstration project. TITLE VII—Department of Homeland Security Sec. 701. Reports on collection of antidumping and countervailing duties. Sec. 702. Report on enforcement of prohibition on importation of dog and cat fur products. Sec. 703. Report on scanning of cargo containers at foreign ports. Sec. 704. Reports on importation of softwood lumber. Sec. 705. Port of entry infrastructure assessment study and national land border security plan. Sec. 706. Report on customs user fees. Sec. 707. Reports and briefings on staffing and hiring at U.S. Customs and Border Protection. Sec. 708. Reports on the budget and counternarcotic activities of the Office of Counternarcotics Enforcement. Sec. 709. Worksite enforcement report. Sec. 710. Secure communities report. Sec. 711. Report on unobligated balances. Sec. 712. Staffing and hiring report. Sec. 713. Trade compliance expenditure plan. Sec. 714. Secure Border Initiative status report. Sec. 715. Reports on mission coverage, staffing levels, and hiring rates of Federal air marshals. Sec. 716. Reports on certain recovered or deobligated funds made available to the Transportation Security Administration. Sec. 717. Report on protection of personal information under Registered Traveler Program of the Transportation Security Administration. Sec. 718. Consolidation of reports on sexual harassment, sexual violence, and sexual assaults. Sec. 719. Consolidation of reports on compliance with security standards. Sec. 720. Consolidation of reports and assessments on marine safety strategy and goals. Sec. 721. Reports on Presidential security expenditures. Sec. 722. Reports on modernization of National Distress and Response System. Sec. 723. Comprehensive Acquisition Status report. TITLE VIII—Department of Housing and Urban Affairs Sec. 801. Rural Development Disaster Assistance report. TITLE IX—Department of Justice Sec. 901. Supervised Visitation report. Sec. 902. Transitional Housing Program report. TITLE X—Department of Labor Sec. 1001. Report on service to minority individuals for Senior Community Service Employment Program. Sec. 1002. Andean Trade Preference Act report. TITLE XI—Department of the Interior Sec. 1101. Special Trustee for American Indians report. TITLE XII—Department of State Sec. 1201. Annual foreign military training report. Sec. 1202. Annual military assistance report. Sec. 1203. Annual report on financial contributions by the U.S. to international organizations. Sec. 1204. Report on arms transfers and regional balance in the Middle East. Sec. 1205. Report on Democratic People's Republic of Korea. Sec. 1206. Report on International Military Education and Training. Sec. 1207. Report on Kosovo peacekeeping. Sec. 1208. Report on nuclear nonproliferation in South Asia. Sec. 1209. Report on PLO compliance with commitments. Sec. 1210. Report on employment of United States citizens by certain international organizations. Sec. 1211. Report on immunity for interdiction of aircraft used in illicit drug trafficking. Sec. 1212. Report on outstanding expropriation claims. Sec. 1213. Report on terrorist lookout committees. Sec. 1214. Report on conflict in Sudan. Sec. 1215. Reports on countries that export rough diamonds to the United States not controlled through the Kimberley Process Certification Scheme. Sec. 1216. Report on visa issuance to inadmissible aliens. Sec. 1217. Report on resolution of the Cyprus conflict. Sec. 1218. Sudan Peace Act war crimes report. Sec. 1219. Report on Tibet negotiations. Sec. 1220. Workforce planning for foreign service personnel. TITLE XIII—Department of the Treasury Sec. 1301. Reports on environmental efforts of the multilateral development banks. Sec. 1302. Annual report on the North American Development Bank. Sec. 1303. Report on bilateral and multilateral debt reduction activities. Sec. 1304. Report on costs and benefits of United States participation in the International Monetary Fund. Sec. 1305. Report on labor practices of countries that borrow from international financial institutions. Sec. 1306. Report on loans considered by international financial institutions. Sec. 1307. Annual report by Chairman of the National Advisory Council on International Monetary and Financial Policies. Sec. 1308. Quarterly report on borrowing arrangements of the International Monetary Fund. Sec. 1309. Annual report and testimony on the state of the international financial system, International Monetary Fund reform, and compliance with International Monetary Fund agreements. Sec. 1310. Report on progress of the Asian Development Bank toward meeting certain policy goals. Sec. 1311. Report on the multilateral Clean Technology Fund. Sec. 1312. Notification of significant modifications to auction process for issuing United States Treasury obligations. Sec. 1313. Report on technical assistance to foreign governments and foreign central banks of developing or transitional countries. Sec. 1314. Reports on United States supported policies in the multilateral development banks. Sec. 1315. Reports on United States Government foreign credit exposure. Sec. 1316. Vacancies report. TITLE XIV—Department of Transportation Sec. 1401. Buckle Up America report. Sec. 1402. Buy America Waivers. Sec. 1403. Fundamental properties of asphalts and modified asphalts. Sec. 1404. Hazardous materials emergency preparedness grants report. Sec. 1405. Hazardous materials safety quarterly staffing report. Sec. 1406. High speed corridors and intercity passenger rail service monthly project status. Sec. 1407. Neighborhood electric vehicles. Sec. 1408. Pipeline and Hazardous Materials Safety Statutory Mandate reports. Sec. 1409. Rail safety mandates and NTSB recommendations. Sec. 1410. Railway-Highway crossings. Sec. 1411. Reports on hazardous materials transportation. Sec. 1412. Major projects team reports. Sec. 1413. Pipeline safety information grants to communities. Sec. 1414. FAA technical staffing requirements. TITLE XV—Department of Veterans Affairs Sec. 1501. Repeal of requirement for annual reports regarding Office of Research Oversight. Sec. 1502. Repeal of requirement for annual reports on contracting for performance by contractor personnel for work previously performed by Department employees. Sec. 1503. Repeal of requirement for annual reports on procurement of health-care items. Sec. 1504. Repeal of requirement for annual reports on medical and surgical bed closures. Sec. 1505. Reduced frequency of annual reports on activities relating to minority veterans. Sec. 1506. Repeal of requirement for annual report on sharing of health-care resources. Sec. 1507. Repeal of requirement for annual report on staffing of registered nurses. Sec. 1508. Repeal of requirement for annual report on use of authorities to enhance retention of experienced nurses. TITLE XVI—Consumer Product Safety Commission Sec. 1601. Consolidation of annual reports regarding Inspector General reviews of improvements and employee complaints concerning Consumer Product Safety Commission. TITLE XVII—Corporation for National and Community Service Sec. 1701. Report on reports provided by other Federal agencies. Sec. 1702. Service-learning impact study. TITLE XVIII—Environmental Protection Agency Sec. 1801. Great Lakes report. Sec. 1802. General assistance program report. Sec. 1803. Marine protection report. Sec. 1804. Superfund Alternative Approach report. Sec. 1805. Acid Precipitation Task Force. Sec. 1806. Great Lakes crosscut report. Sec. 1807. Federal procurement reporting. TITLE XIX—Federal Trade Commission Sec. 1901. Consolidation of report on scholarship fraud. Sec. 1902. Ethanol market concentration. TITLE XX—General Services Administration Sec. 2001. Contingency Contracting Corps. Sec. 2002. Agency activities to improve air quality. Sec. 2003. Per diem rates. Sec. 2004. Federal high-performance green buildings. TITLE XXI—National Aeronautics and Space Administration Sec. 2101. Report on donations of educationally useful Federal equipment to schools. Sec. 2102. Annual audit of policies and procedures of the National Aeronautics and Space Administration with respect to the export of technologies and the transfer of scientific and technical information. Sec. 2103. Status report on operations of Landsat system. Sec. 2104. Report on National Aeronautics and Space Administration outreach program. Sec. 2105. Notification of policy seeking full cost recovery for tests conducted at National Aeronautics and Space Administration facilities. Sec. 2106. Report on National Aeronautics and Space Administration program and cost assessment and cost control. Sec. 2107. Report on performance assessment of divisions in the Science directorate of the National Aeronautics and Space Administration. Sec. 2108. Report on space cooperation with states of the former Soviet Union. Sec. 2109. Space shuttle follow-on report. Sec. 2110. Report on stratospheric ozone depletion. Sec. 2111. Aeronautics and space report of the President. TITLE XXII—National Science Foundation Sec. 2201. Report on encouraging participation in science, technology, engineering, and mathematics careers. Sec. 2202. Report on funding for successful science, technology, engineering, and mathematics education programs. Sec. 2203. Report on innovation acceleration research. TITLE XXIII—Office of Personnel Management Sec. 2301. Critical position pay. Sec. 2302. Physicians comparability allowance. Sec. 2303. Extending locality pay. TITLE XXIV—Intelligence Reports Sec. 2401. Submissions of space science and technology strategy. Sec. 2402. Reports on intelligence information sharing. Sec. 2403. Reports on the acquisition of major systems. Sec. 2404. Reports on the threat of attack on the United States using weapons of mass destruction. Sec. 2405. Reports on personnel level assessments for the intelligence community. Sec. 2406. Reports on intelligence community business system transformation. Sec. 2407. Reports on security clearances. Sec. 2408. Reports related to analytic integrity. Sec. 2409. Reports of privacy and civil liberties officers. Sec. 2410. Reports related to the Federal Bureau of Investigation. Sec. 2411. Reports on waivers of conditions for disqualification for security clearances. Sec. 2412. Reports on customer feedback on Department of Homeland Security intelligence reporting. Sec. 2413. Reports on commerce with, and assistance to, Cuba from other foreign countries. Sec. 2414. Reports identifying countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran. Sec. 2415. Reports from the Advisory Intelligence Committees. Sec. 2416. Assessments on transformation of the intelligence capabilities of the Federal Bureau of Investigation. Sec. 2417. Reports on nuclear aspirations of non-state entities and related matters. Sec. 2418. Reports on counterterrorism status. Sec. 2419. Reports on bandwidth requirements for major defense acquisition programs and major systems acquisition programs. Sec. 2420. Reports regarding Iran's capability to produce nuclear weapons. Sec. 2421. Reports on counterintelligence and security practices at the national laboratories. Sec. 2422. Reports on security vulnerabilities of national laboratory computers. Sec. 2423. Reports on espionage by the People's Republic of China. Sec. 2424. Reports on uncontrolled treaty-limited equipment. TITLE XXV—Securities and Exchange Commission Sec. 2501. Securities Financial Controls Audit report. TITLE XXVI—Small Business Administration Sec. 2601. Small Business breakout procurement center reports. Sec. 2602. Small business loss report. Sec. 2603. Small business secondary market guarantee authority. TITLE XXVII—Social Security Administration Sec. 2701. Social Security Administration Comprehensive Printing Plan Program. TITLE XXVIII—United States Army Corps of Engineers Sec. 2801. Consolidation of reports on execution of water resources development funds. TITLE XXIX—Executive Office of the President Sec. 2901. Restriction on airport projects using products or services of foreign countries denying fair market opportunities. Sec. 2902. Annual report on the World Trade Organization. Sec. 2903. Baseline for Application of Reprogramming and Transfer Authorities. Sec. 2904. FAIR Inventories. Sec. 2905. Homeland Security Funding Analysis. Sec. 2906. Reduction in frequency of elimination of unnecessary agency reporting reports. Sec. 2907. Repeal of reports on interagency oceans and human health research program. Sec. 2908. Repeal of report and related requirements relating to national coordination of research infrastructure. Sec. 2909. Reduced frequency of report by National Nanotechnology Advisory Panel. Sec. 2910. Reports on the National Oceanographic Partnership Program. Sec. 2911. Elimination of requirement for review of National Nanotechnology Program by National Research Council. Sec. 2912. Elimination of requirement for report on the National Windstorm Impact Reduction Program. Sec. 2913. Elimination of mid-session review summary. Sec. 2914. Elimination of requirement for report on progress of executive agencies in achieving goals set to improve efficiency and effectiveness of agency operations through use of information technology. Sec. 2915. Report on trade preferences under the Caribbean Basin Economic Recovery Act. Sec. 2916. Physicians' comparability allowances. Sec. 2917. Report on trade enforcement efforts under title III of the Trade Act of 1974. Sec. 2918. Publication of service contract inventory. Sec. 2919. Report on waivers of sanctions with respect to North Korea. I Department of Agriculture 101. Commodity promotion and evaluation Section 501(d) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7401(d) annually provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate make available on the website of the Department of Agriculture 102. Annual reports by agricultural attaches Section 108 of the Agricultural Act of 1954 ( 7 U.S.C. 1748 103. Reporting requirement under Farmland Protection Policy Act Section 1546 of the Farmland Protection Policy Act ( 7 U.S.C. 4207 104. Rural development programs (a) Locally or regionally produced agricultural food products Section 310B(g)(9)(B) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(9)(B) (iv) Information posted to website The Secretary shall make available on the website of the Department of Agriculture information that describes projects carried out using loans or loan guarantees made under clause (i), including— (I) the characteristics of the communities served; and (II) resulting benefits. . (b) Beginning farmer and rancher individual development accounts pilot program reports Section 333B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1983b (1) by striking subsection (e); and (2) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively. (c) Rural areas Section 343(a)(13)(D)(iii)(VI) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(D)(iii)(VI) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report make available on the website of the Department of Agriculture information (d) Rural Collaborative Investment Program Section 385C(b)(7) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd–2(b)(7)) is amended— (1) in subparagraph (B), by adding and (2) in subparagraph (C), by striking ; and (3) by striking subparagraph (D). 105. Access to broadband telecommunications services in rural areas Section 601(j) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(j) (j) Reports that describes (j) Information posted to website The Secretary shall make available on the website of the Department of Agriculture information that describes . 106. Promotion of agricultural exports to emerging democracies Section 1542(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5622 Public Law 101–624 (1) by striking (e) Foreign debt burdens (1) Effect of credits (e) Foreign debt burdens In ; and (2) by striking paragraph (2). 107. Commodity Credit Corporation quarterly report to Congress Section 13 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714k 108. Crop insurance Section 508(a)(6)(B) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(a)(6)(B) report to Congress make available on the website of the Department of Agriculture information 109. Early child nutrition education evaluations and reports Section 119(j) of the Child Nutrition and WIC Reauthorization Act of 2004 ( 42 U.S.C. 1766 Public Law 108–265 (1) in paragraph (1), by striking paragraph (6) paragraph (5) (2) by striking paragraph (5); and (3) by redesignating paragraph (6) as paragraph (5). 110. Grain Inspection Service annual report Section 17B of the United States Grain Standards Act ( 7 U.S.C. 87f–2 (1) by striking subsection (a); and (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. 111. Notification prior to release of information Section 8d(2) of the Agricultural Adjustment Act ( 7 U.S.C. 608d(2) 112. Plant pest and disease management and disaster prevention Section 420(c) of the Plant Protection Act ( 7 U.S.C. 7721(c) (3) Information posted to website The Secretary shall make available on the website of the Department of Agriculture information that describes the action plans described in paragraph (2), including an accounting of funds expended on the action plans. . 113. Agricultural trade (a) Quarterly export assistance reports Section 603 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5713 (b) Status report for foreign market development Section 702 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5722 114. Report on conservation program enrollments and assistance Section 1241(i) of the Food Security Act of 1985 ( 16 U.S.C. 3841(i) a semiannual an annual 115. Status report for Food for Progress program Subsection (j) of the Food for Progress Act of 1985 ( 7 U.S.C. 1736o(j) 116. Status report for technical assistance for specialty crops Section 3205 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5680 (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d). 117. Timber supply and demand in southeastern Alaska Section 706 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 539e (1) by striking subsection (a); and (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. 118. Tongass National Forest report Section 706 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 539e (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). II Department of Commerce 201. Repeal of requirement for annual report on Atlantic migratory species The Atlantic Tunas Convention Act of 1975 ( Public Law 94–70 16 U.S.C. 971 et seq. 202. Repeal of requirement for annual report on progress by educational institutions to become designated as sea grant colleges or sea grant institutions Section 207 of the National Sea Grant College Program Act ( 33 U.S.C. 1126 203. Repeal of requirement for annual reports on coordination between NSF and oceans and coastal research activities of NOAA The National Sea Grant College Program Act Amendments of 2002 ( Public Law 107–299 204. Repeal of requirement for annual report on donations by NIST of educationally useful Federal equipment to schools Section 6(b) of the Technology Administration Act of 1998 ( Public Law 105–309 205. Repeal of requirement for annual report by NIST on enterprise integration standardization and implementation activities Section 3 of the Enterprise Integration Act of 2002 ( Public Law 107–277 15 U.S.C. 278g–5 (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 206. Repeal of requirement for annual report on equal access for minority and economically disadvantaged students to fellowships on ocean, coastal, and Great Lakes resources Section 208(a) of the National Sea Grant College Program Act ( 33 U.S.C. 1127(a) 207. Repeal of requirement for annual report on activities of Technology Innovation Program Section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n 208. Repeal of requirement for annual report by TIP Advisory Board Section 28(k) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n(k) 209. Repeal of requirement for annual report on activities of West Atlantic Fisheries Organization The Northwest Atlantic Fisheries Convention Act of 1995 ( Public Law 104–43 16 U.S.C. 201 et seq. 16 U.S.C. 5611 210. Harmful algal blooms and hypoxia reports (a) In general Section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note) is amended— (1) by striking subsections (c) and (d); and (2) by redesignating subsections (e) through (i) as subsections (c) through (g), respectively. (b) Conforming amendments Section 605 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( 16 U.S.C. 1451 (1) in paragraph (2), by striking 603(f)(2)(B) 603(d)(2)(B) (2) in paragraph (3), by striking and to carry out section 603(d) (3) in paragraph (6), by striking 603(e) 603(c) III Department of Defense 301. Report on administration and oversight of Armed Forces Retirement Home Section 1511 of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 411 (1) by striking subsection (h); and (2) by redesignating subsection (i) as subsection (h). 302. Annual report on adequacy of budget for operational energy plans Section 138c(e)(4) Not later than 30 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 Not later than March 31 each year 303. Annual report on combatant command activities Section 153 (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). 304. Annual report on combating terrorism Chapter 9 (1) by striking section 229; and (2) in the table of sections at the beginning of such chapter, by striking the item relating to such section. 305. Annual report on public-private competition (1) by striking section 2462; and (2) in the table of sections at the beginning of such chapter, by striking the item relating to such section. 306. Arms Export Control Act report on military exports Section 36(a) of the Arms Export Control Act ( 22 U.S.C. 2776(a) (1) by striking the end of each quarter the end of each fiscal year (2) in paragraph (5), by striking in the quarter of the fiscal year immediately following the quarter in the fiscal year immediately following the year (3) in paragraphs (8), (9), and (10), by striking quarter year 307. Reports on protection of certain individuals Section 1074(b)(6) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (1) in subparagraph (A), by striking The Secretary Except as provided in subparagraph (B), the Secretary (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (3) by inserting after subparagraph (A) the following new subparagraph: (B) Exceptions The reporting requirement under subparagraph (A) does not apply to determinations under paragraphs (4) or (5) to provide or extend protections to— (i) individuals described under paragraph (2)(C) who are conducting official business with the Department of Defense as part of an officially sponsored event; or (ii) individuals described under paragraph (2)(E). . 308. Audits of undefinitized contracts Section 908(b) of the Defense Acquisition Improvement Act of 1986 (as enacted pursuant to section 101(c) of Public Law 99–500 (100 Stat. 1783–140) and identically enacted pursuant to section 101(c) of Public Law 99–591 Public Law 99–661 10 U.S.C. 2326 (1) by striking shall— (1) periodically conduct an audit shall periodically conduct an audit (2) by striking departments; and departments. (3) by striking paragraph (2). 309. Notification of award of certain contracts to entities controlled by a foreign government Section 2536(b) (1) by striking (1) The Secretary concerned The Secretary concerned (2) by striking paragraph (2); (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (4) in paragraph (2), as redesignated by subparagraph (A), by redesignating clauses (i) and (ii) as subparagraphs (A) and (B). 310. Commercialization pilot program Section 9(y)(6) of the Small Business Act ( 15 U.S.C. 638(y)(6) (1) in subparagraph (A), by striking the semicolon at the end and inserting ; and (2) in subparagraph (B), by striking ; and (3) by striking subparagraph (C). 311. Notification of certain leases of vehicles Section 2401(h) (1) by striking only if— the Secretary has notified only if the Secretary has notified (2) by striking paragraph (2); (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, and moving such paragraphs, as so redesignated, 2 ems to the left; and (4) in paragraph (3), as redesignated by paragraph (3) of this section, by striking ; and 312. Report on consideration of proposals for decorations not previously submitted in timely fashion Section 1130 (1) by striking subsection (b); and (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 313. Report on consideration of proposals for posthumous and honorary promotions and appointments Section 1563 (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). 314. Report on contingency construction Section 2804(b) 315. Justification for conveyance of damages or deteriorated military family housing Section 2854a (1) by striking subsection (c); and (2) by redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respectively. 316. Report on defense economic adjustment planning Section 4004(d) of the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 (division D of Public Law 101–510 10 U.S.C. 2391 (1) in paragraph (1), by striking the semicolon at the end and inserting ; and (2) in paragraph (2), by striking ; and (3) by striking paragraph (3). 317. Report on Defense Housing Investment Account Section 2837 318. Annual report on Department of Defense housing funds Section 2884 (1) by striking subsection (b); (2) in subsection (a)— (A) by redesignating paragraph (2) as subsection (b); (B) in paragraph (1), by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (C) by striking reports (1) The Secretary reports (D) by redesignating paragraphs (3) and (4) as subsections (c) and (d), respectively; (3) in subsection (b), as redesignated by paragraph (2)(A)— (A) by inserting Elements For each proposed contract (B) by striking paragraph (1) subsection (a) (C) by redesignating subparagraphs (A), (B), (C), (D), and (E) as paragraphs (1), (2), (3), and (4), respectively; and (4) in subsection (c), as redesignated by paragraph (2)(D)— (A) by redesignating subparagraph (B) as paragraph (2); (B) in subparagraph (A), by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively; (C) by striking (A) In the case Contracts with private parties (D) by striking paragraph (1) subsection (a) (E) in paragraph (2), as redesignated by subparagraph (A), by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. 319. Report on Department of Defense technology and industrial base guidance Subchapter II of chapter 148 (1) by striking section 2504; and (2) in the table of sections at the beginning of such subchapter, by striking the item relating to such section. 320. Display of annual budget requirements for air sovereignty alert mission Section 354 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 321. Report on emergency and extraordinary expenses Section 127 322. Report on enhancement of activities of Defense Threat Reduction Agency Section 1409 of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 (1) by striking (a) In general Not later than (2) by striking subsection (b). 323. Report on experimental personnel management program for scientific and technical personnel Section 1101 of the National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 324. Report on Federal agency data mining Section 804 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 42 U.S.C. 2000ee–3 325. Report on grants of exception to costs or pricing data certification requirements and waivers of cost accounting standards Section 817 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( Public Law 107–314 (1) by striking subsection (d); (2) by redesignating subsection (e) as subsection (d); and (3) in subsection (d), as so redesignated— (A) by striking this section: (1) The term this section, the term (B) by striking paragraph (2); and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and moving such paragraphs, as so redesignated, 2 ems to the left. 326. Inclusion of net square footage comparisons in requests to build military family housing Section 2826 (1) by striking (a) Local comparability (2) by striking subsection (b). 327. Information to accompany funding requests for contingency operations Section 113 328. Notification of military construction investments Section 2875 329. Quarterly reports on joint readiness reviews Section 117 (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). 330. Report on limited partnerships with private developers of housing Section 2837(c) (1) by striking (1) The Secretary concerned The Secretary concerned (2) by striking paragraph (2). 331. Report on military family readiness Section 1781b 332. Report on multi-year aircraft lease pilot program Section 8159(c) of the Department of Defense Appropriations Act, 2002 (division A of Public Law 107–117 (1) by striking paragraph (7); and (2) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively. 333. Annual report on National Guard and reserve component equipment Section 10541(a) March 15 April 15 334. Notification of negotiations for payment-in-kind with host countries Section 2921 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 (1) by striking subsection (e); and (2) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. 335. Notice of deficiency for military housing privatization projects Section 2885(a)(3) a project a construction project (other than a renovation project) 336. Notice of long-term leasing of military family housing to be constructed Section 2835 (1) by striking subsection (g); and (2) by redesignating subsection (h) as subsection (g). 337. Notification of burden sharing contributions by designated countries and regional organizations Section 2350j (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). 338. Notification of prime contract awards to comply with cooperative agreements; notification of waivers granted to prime contractors in conjunction with cooperative agreements Section 2350b (1) by striking subsection (d); and (2) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. 339. Notification of equipment scheduled for retirement or disposal Section 2244a(c) 340. Oversight of procurement, test, and operational plans for ballistic missile defense programs Section 223a 341. Report on price trend analysis for supplies and equipment purchased by the Department of Defense Section 892 of the National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 (1) by striking subsection (b); and (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 342. Report on prohibition of certain civilian personnel management constraints Section 129 343. Report on prohibition on contracting with entities that comply with the secondary Arab boycott of Israel Section 2410i(c) 344. Report on relocation of military family housing units Section 2827 (1) by striking (a) Subject to subsection (b), the Secretary The Secretary (2) by striking subsection (b). 345. Report on multinational military centers of excellence Section 2350m (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). 346. Notification of decisions to carry out certain facility repair projects Section 2811(d) $7,500,000 $10,000,000 347. Report on meritorious security waivers Section 3002(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 435c(c) 348. Report on reliability of Department of Defense financial statements Section 1008 of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 (1) by striking subsection (a); (2) by redesignating subsections (b), (c), (d), (e), and (f) as subsections (a), (b), (c), (d), and (e), respectively; (3) in subsection (a), as redesignated by paragraph (2), by striking in the annual report under subsection (a) (4) in paragraph (1) of subsection (c), as so redesignated, by striking under subsection (b) or (c) under subsection (a) or (b) 349. Report to Congress regarding equip and train authority to recover the remains of missing personnel Section 408 350. Reporting requirements relating to renewable energy use by the Department of Defense to meet the Department's electricity needs Section 2864 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 351. Reports on transfers from high-priority readiness appropriations Chapter 23 (1) by striking section 483; and (2) in the table of sections at the beginning of such chapter, by striking the item relating to such section. 352. Requirement for advance notification to Congress of transfer of certain excess defense articles Section 516 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j (1) by striking subsection (f); and (2) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively. 353. Requirement for annual program goals for ballistic missile defense programs Section 232(h) of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 354. Notification of military construction project conducted using proceeds from sale of electricity from alternate energy and cogeneration production facilities Section 2916 355. Strategic sourcing plan of action and report on savings, consolidation, restructuring, or reengineering Chapter 146 (1) by striking section 2475; and (2) in the table of sections at the beginning of such subchapter, by striking the item relating to such section. 356. Biennial report on space protection strategy Subsection (f) of section 911 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2271 note) is amended— (1) by striking paragraph (2); (2) in paragraph (3), by striking , and each update required by paragraph (2), (3) by redesignating paragraph (3) as paragraph (2). 357. Report on timeliness standards for disposition of applications before corrections board Section 1557 (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). 358. Notification of water conservation construction projects Section 2866(c) (1) by striking (1) The Secretary of Defense The Secretary of Defense (2) by striking paragraph (2). IV Department of Education 401. Report on rehabilitation services training Section 302(e) of the Rehabilitation Act of 1973 ( 29 U.S.C. 772(e) The Commissioner shall prepare justify the allocations. 402. Report on data collection on the distribution of Federal education funds Section 424 of the General Education Provisions Act ( 20 U.S.C. 1226b 403. Report on Federal TRIO programs Section 402H of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–18 (1) by striking subsection (a); and (2) by redesignating subsections (b) through (d) as subsections (a) through (c), respectively. 404. Reports on activities carried under the Rehabilitation Act of 1973 The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended— (1) by striking section 13 ( 29 U.S.C. 710 13. ; (2) in section 102(c) ( 29 U.S.C. 722(c) (3) in section 106 ( 29 U.S.C. 726 (4) in section 131(a)(1)(B)(i), by striking , as required by section 13 (5) in section 611 ( 29 U.S.C. 795 (A) in subsection (a)— (i) by striking paragraph (5); and (ii) by redesignating paragraph (6) as paragraph (5); (B) in subsection (b)— (i) in paragraph (1), by inserting and (ii) in paragraph (2), by striking ; and (iii) by striking paragraph (3); (C) by striking subsection (d); (D) by redesignating subsections (e), (f), (g), and (h), as subsections (d), (e), (f), and (g), respectively; and (E) in subsection (e), as redesignated by subparagraph (D)— (i) in paragraph (1), by striking consistent with the evaluation standards under subsection (d)(1) (ii) in paragraph (4), by striking that are consistent with program evaluation standards developed under subsection (d) (iii) by striking paragraph (5); and (6) in section 706 ( 29 U.S.C. 796d–1 405. Report on Advanced Placement incentive program grants Section 1705(f) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6535(f) (1) by striking and Reporting Each eligible .—Each eligible (2) by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4), respectively, and indenting appropriately; and (3) by striking paragraph (2). 406. Report on Advanced Placement test fee program Section 1704(f) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6534(f) (1) by striking Report Each State Report (2) by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4), respectively, and indenting appropriately; and (3) by striking paragraph (2). 407. Report on impact aid construction justifying discretionary grant awards Section 8007(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707(b) 408. Report on the protection and advocacy of individual rights Section 509 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e (1) by striking subsection (k); and (2) by redesignating subsections (l) and (m) as subsections (k) and (l), respectively. 409. Report on the rural and low-income school program Section 6224 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7351c (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 410. Report on GEAR UP Section 404G of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–27 (1) in the section heading, by striking and report (2) by striking subsection (d). V Department of Energy 502. Report on stripper well and Exxon funds Notwithstanding any other provision of law, the Secretary of Energy shall not be required to prepare or submit an annual report on— (1) procedures for overseeing the expenditure by States and territories of stripper well and Exxon funds; and (2) the status of any pending enforcement actions with regard to the expenditure of the funds. 503. Studies on the benefits of economic dispatch Sections 1234(c) and 1832(c) of the Energy Policy Act of 2005 ( 42 U.S.C. 16432(c) and on a yearly basis following, 504. Annual updates of Department of Energy defense nuclear facilities workforce restructuring plan (a) In general Section 4604 of the Atomic Energy Defense Act ( 50 U.S.C. 2704 (1) in subsection (b)(1), by striking and any updates of the plan under subsection (e) (2) by striking subsection (e); (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (4) in subsection (e), as redesignated by paragraph (3)— (A) by striking (1) The Secretary The Secretary (B) by striking paragraph (2). (b) Conforming amendment Section 4643(d)(1) of the Atomic Energy Defense Act (50 U.S.C. 2733(d)(1)) is amended by striking 4604(g) 4604(f) 505. Report on Federal purchase requirement (a) Report on Federal purchase requirement Section 203 of the Energy Policy Act of 2005 ( 42 U.S.C. 15852 (b) Consolidation of reports Section 548(b) of the National Energy Conservation Policy Act 42 U.S.C. 8258 (1) in paragraph (3), by striking and (2) in paragraph (4), by striking the period and adding ; and (3) by adding at the end the following: (5) information on the progress of the Federal Government in meeting the goals established by section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852). . 506. Report on advanced uses of geothermal energy Section 621 of the Advanced Geothermal Energy Research and Development Act of 2007 ( 42 U.S.C. 17200 (1) by striking subsection (a); and (2) by redesignating subsection (b) as subsection (a). 507. H-prize reports Section 1008(f) of the Energy Policy Act of 2005 ( 42 U.S.C. 16396(f) (1) by striking paragraph (6); and (2) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. 508. Report on voluntary commitments to reduce industrial energy intensity Section 106 of the Energy Policy Act of 2005 ( 42 U.S.C. 15811 509. Report on marine and hydrokinetic technology Notwithstanding any other provision of law, the Secretary of Energy shall not be required to prepare or submit a report on the economic and technical viability of marine and hydrokinetic technologies. 510. Report on the activities of the office of petroleum reserves Section 369(i) of the Energy Policy Act of 2005 ( 42 U.S.C. 15927(i) 511. Report on amended energy efficiency standards Section 342(a)(6)(C) of the Energy Policy and Conservation Act ( 42 U.S.C. 6313(a)(6)(C) (1) by striking clause (v); and (2) by redesignating the first clause (vi) (relating to consideration of prices and operating patterns) as clause (v). 512. Report on science and engineering education pilot program Section 983 of the Energy Policy Act of 2005 ( 42 U.S.C. 16323 513. Annual reports on Central Valley Project water (a) Reports The Central Valley Project Improvement Act (title XXXIV of Public Law 102–575 (1) in section 3406(b)(2)(A), by striking subsections 3406(b)(3), 3408(h)–(i), and through other measures consistent with subparagraph 3406(b)(1)(B) of this title section 3406(b)(3), subsections (g) and (h) of section 3408, and through other measures consistent with paragraph (1)(B) (2) in section 3407, by striking subsection (f); and (3) in section 3408— (A) by striking subsection (f); and (B) by redesignating subsections (g) through (k) as subsections (f) through (j), respectively. (b) Conforming amendment Section 103(d)(1)(C)(ii) of the Water Supply, Reliability, and Environmental Improvement Act ( Public Law 108–361 (j) (i) 514. Report on Calfed Bay-Delta program Section 105 of the Water Supply, Reliability, and Environmental Improvement Act ( Public Law 108–361 (1) by striking subsection (a); and (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. 515. Reports on oil or gas royalties taken in-kind Section 342 of the Energy Policy Act of 2005 ( 42 U.S.C. 15902 (1) by striking subsection (e); and (2) by redesignating subsections (f) through (j) as subsections (e) through (i), respectively. VI Department of Health and Human Services 601. Report on long-term care ombudsman program (a) In general Subsection (b) of section 207 of the Older Americans Act of 1965 ( 42 U.S.C. 3018 (b) Conforming amendment Section 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is amended by redesignating subsection (c) as subsection (b). 602. Reports on part D formularies' inclusion of drugs commonly used by dual eligibles Section 3313(a)(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 and ending with 2012 2011 603. Report on pediatric initiative Paragraph (3) of section 409D(c) of the Public Health Service Act ( 42 U.S.C. 284h(c) and annually report through the Initiative 604. Report on the C.W. Bill Young Transplantation program Subsection (a) of section 379 of the Public Health Service Act ( 42 U.S.C. 274k an annual report on a biennial basis, a report 605. Reports on activities of Qualified Independent Contractors Section 1869(e)(4)(A) of the Social Security Act ( 42 U.S.C. 1395ff(e)(4)(A) No annual report shall be submitted under this subparagraph on or after February 1, 2013. 606. Report on evaluation, research, and technical assistance activities supported by the promoting safe and stable families programs (a) Consolidation of available information Paragraphs (5) and (6) of section 479A of the Social Security Act ( 42 U.S.C. 679b (b) Conforming amendments Section 479A of such Act ( 42 U.S.C. 679b (1) in paragraph (2), by striking the outcome measures should be developed shall develop such outcome measures (2) in paragraph (3), by inserting and (3) in paragraph (4), by striking the semicolon and inserting a period. 607. Report relating to organ donation and the recovery, preservation, and transportation of organs Section 377D of the Public Health Service Act ( 42 U.S.C. 274f–4 608. Report on the scientific and clinical status of organ transplantation Section 376 of the Public Health Service Act ( 42 U.S.C. 274d 609. Report on leased aircraft The report regarding leased aircraft required to be submitted to Congress by the Director of the Centers for Disease Control and Prevention under the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008 (Public Law 110–161), as described in House Report 110–231, shall be submitted on a biennial basis instead of a semiannual basis. 610. Report on national breast and cervical cancer early detection program (a) In general Paragraph (3) of section 1503(d) of the Public Health Service Act ( 42 U.S.C. 300m(d) (b) Conforming amendments Section 1503(d) of the Public Health Service Act (42 U.S.C. 300m(d)) is amended by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. 611. Reports on national coverage determinations Section 1869(f)(7)(A) of the Social Security Act ( 42 U.S.C. 1395ff(f)(7)(A) and ending with 2012 2001 612. National Institute of Nursing Research report Section 464Y of the Public Health Service Act ( 42 U.S.C. 285q–3 613. Report on relationship between premature birth and birth defects (a) In general Paragraph (2) of section 3(b) of the PREEMIE Act (42 U.S.C. 247b–4f(b)) is repealed. (b) Conforming amendment Section 3(b) of the PREEMIE Act (42 U.S.C. 247b–4f(b)) is amended by striking Defects .—The Secretary Defects 614. Report of Director, National Institutes of Health Section 403 of the Public Health Service Act ( 42 U.S.C. 283 615. Trans-National Institutes of Health Research report Subparagraph (B) of section 402A(c)(2) of the Public Health Service Act ( 42 U.S.C. 282a(c)(2)(B) 616. Interagency Working Group on Health Care Quality report (a) Repeal Subsection (d) of section 3012 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 280j (b) Consolidation Section 399H of the Public Health Service Act ( 42 U.S.C. 280j (1) in clause (iii), by striking and (2) in clause (iv), by striking the period and inserting ; and (3) by adding at the end the following: (v) a description of the progress and recommendations of the Working Group established under 3012 of the Patient Protection and Affordable Care Act in meeting the goals described in subsection (b) of such section. . 617. Autism surveillance activities report Section 399DD of the Public Health Service Act ( 42 U.S.C. 280i–3 618. Lead contamination report Subsection (j) of section 317A of the Public Health Service Act ( 42 U.S.C. 247b–1 619. World Trade Center Medical Monitoring and Treatment Program The requirement that the Secretary of Health and Human Services provide reports to Congress in connection with amounts appropriated to the Department of Health and Human Services to provide health care services for rescue, recovery, and cleanup workers and others (commonly referred to as the World Trade Center Medical Monitoring and Treatment Program Public Law 111–347 620. Long-term health effects of living organ donation report Section 3 of the Charlie W. Norwood Living Organ Donation Act ( 42 U.S.C. 273b 621. Program evaluation activities of HHS report Subsection (b) of section 241 of the Public Health Service Act ( 42 U.S.C. 238j(b) 622. Centers of Excellence report Section 404H of the Public Health Service Act ( 42 U.S.C. 283j 623. Submission of CFS–101 forms Subsection (c) of section 432 of the Social Security Act ( 42 U.S.C. 629b 624. Superfund audit and report Subsection (k) of section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9611(k) 625. Reports under the Medicare enrollment demonstration project Section 4018(b) of the Balanced Budget Act of 1997 ( 42 U.S.C. 1395w–21 VII Department of Homeland Security 701. Reports on collection of antidumping and countervailing duties (a) Consolidated report Subtitle D of title VII of the Tariff Act of 1930 (19 U.S.C. 1677 et seq.) is amended by adding at the end the following: 784. Reports on collection of antidumping and countervailing duties (a) Annual report Not later than April 30, 2014, and annually thereafter, the Commissioner responsible for U.S. Customs and Border Protection shall submit to Congress and make available to the public a report on antidumping and countervailing duties that covers the fiscal year preceding the submission of the report and includes the following: (1) The amount of antidumping and countervailing duties collected. (2) The amount of distributions of antidumping or countervailing duties made pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (section 754 of the Tariff Act of 1930 ( 19 U.S.C. 1675c Public Law 109–171 (3) With respect to each antidumping or countervailing duty order in effect— (A) the amount of duties owed pursuant to the order that are uncollected; and (B) the amount of unpaid bills relating to the order. (4) A description of the efforts of U.S. Customs and Border Protection to collect amounts of antidumping and countervailing duties that are past due that includes— (A) the number of claims of unpaid duties; and (B) with respect to each such claim— (i) the amount of the unpaid duties; (ii) a description of the efforts made to collect the duties; and (iii) the date, if any, on which the claim was referred to the Chief Counsel of U.S. Customs and Border Protection or the Attorney General for further action. (5) A description of the efforts of U.S. Customs and Border Protection to improve the collection of amounts of antidumping and countervailing duties that are currently due, particularly amounts of such duties owed with respect to goods imported from the People's Republic of China. (b) Additional report on improving duty collection Not later than April 30, 2014, the Commissioner responsible for U.S. Customs and Border Protection shall submit to Congress a report— (1) assessing, after consultation with the Secretary of the Treasury and the Secretary of Commerce and the heads of other appropriate Federal agencies, the extent to which U.S. Customs and Border Protection can adjust bonding requirements to further protect the revenue of the United States without— (A) violating any other provision of law or any obligation of the United States pursuant to an international agreement; or (B) imposing unreasonable costs on importers; and (2) identifying, after consultation with the Secretary of Commerce, opportunities to improve the timeliness, accuracy, and clarity of liquidation instructions submitted to U.S. Customs and Border Protection. . (b) Clerical amendment The table of contents for title VII of the Tariff Act of 1930 is amended by inserting after the item relating to section 783 the following: Sec. 784. Reports on collection of antidumping and countervailing duties. . (c) Conforming repeal Subsection (a) of section 691 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 1677 l (d) Nonduplication of reports The Commissioner responsible for U.S. Customs and Border Protection shall not be required to submit to Congress any report on the collection of antidumping and countervailing duties for fiscal year 2013 or any fiscal year thereafter under any other provision of law that substantially duplicates the matters required to be included in the report under section 784 of the Tariff Act of 1930, as added by subsection (a). 702. Report on enforcement of prohibition on importation of dog and cat fur products Section 308 of the Tariff Act of 1930 (19 U.S.C. 1308) is amended by striking subsection (e). 703. Report on scanning of cargo containers at foreign ports Section 232 of the Security and Accountability for Every Port Act of 2006 ( 6 U.S.C. 982 704. Reports on importation of softwood lumber Section 809 of the Tariff Act of 1930 ( 19 U.S.C. 1683g (1) in subsection (a)— (A) in the subsection heading, by striking semiannual annual (B) in the matter preceding paragraph (1), by striking every 180 days annually (2) in subsection (b), by striking every 180 days annually (3) by striking subsection (c). 705. Port of entry infrastructure assessment study and national land border security plan The Border Infrastructure and Technology Modernization Act of 2007 ( 6 U.S.C. 1401 et seq. 706. Report on customs user fees Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c (1) in subsection (a)(9), by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and (2) in subsection (f)— (A) in paragraph (3), by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and (B) by striking paragraph (4) and redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. 707. Reports and briefings on staffing and hiring at U.S. Customs and Border Protection Notwithstanding any other provision of law, the Commissioner responsible for U.S. Customs and Border Protection shall not be required to submit to Congress monthly reports on staffing and hiring at U.S. Customs and Border Protection or to provide to Congress quarterly briefings on the hiring progress of U.S. Customs and Border Protection during any fiscal year during which the Chief Financial Officer of the Department of Homeland Security is required to submit to Congress monthly budget and staffing reports for the Department. 708. Reports on the budget and counternarcotic activities of the Office of Counternarcotics Enforcement Section 878(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 458(f) (1) by striking The Director of the Office of Counternarcotics Enforcement The Secretary (2) by adding at the end the following: (4) Consolidation with report on seizure of drugs by the Department Each report required to be submitted under this subsection may be consolidated and submitted to the committees of Congress described under paragraphs (1) and (2) with the annual report required under section 705(a)(3)(B) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1704(a)(3)(B)). . 709. Worksite enforcement report Instead of submitting the annual report described on page 56 of Senate Report 112–74, the Director of U.S. Immigration and Customs Enforcement (ICE) shall brief Congress on the number of worksite enforcement investigations opened and closed, the number of employee and employer arrests, and the fines collected by ICE during the quarterly worksite enforcement briefings required by such report. 710. Secure communities report The Director of U.S. Immigration and Customs Enforcement (ICE) shall submit the Secure Communities program reports described on pages 53 and 54 of House Report 112–91 on a semiannual basis. The first such report shall be submitted to Congress not later than 45 days after the last day of the first 6-month period of the fiscal year. The second such report, which shall include summary data for the entire fiscal year, shall be submitted to Congress not later than 45 days after the last day of such fiscal year. 711. Report on unobligated balances The requirement set forth on page 56 of House Report 112–91, which directs the Director of U.S. Immigration and Customs Enforcement (ICE) to submit a quarterly report on unobligated balances to the Committee on Appropriations of the House of Representatives 712. Staffing and hiring report The Director of U.S. Immigration and Customs Enforcement (ICE) shall submit the staffing and hiring reports described on page 55 of House Report 112–91 on a quarterly basis. 713. Trade compliance expenditure plan The Director of U.S. Immigration and Customs Enforcement (ICE) shall include the trade compliance expenditure plan referred to on page 22 of Senate Report 112–74 in the annual Trade Compliance and Enforcement Report and shall not be required to submit the plan to Congress separately. 714. Secure Border Initiative status report The Secretary of Homeland Security shall submit the Secure Border Initiative status reports referred to on page 44 of House Report 112–91 to Congress on a semiannual basis. 715. Reports on mission coverage, staffing levels, and hiring rates of Federal air marshals Notwithstanding any other provision of law, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall not be required to submit a report on the mission coverage, staffing levels, and hiring rates of the Federal air marshals to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives more frequently than every 180 days. 716. Reports on certain recovered or deobligated funds made available to the Transportation Security Administration (a) In general Notwithstanding any other provision of law, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall not be required to submit a report on funds described in subsection (b) to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives more frequently than every 180 days. (b) Funds described Funds described in this subsection are funds made available to the Transportation Security Administration for fiscal years 2004 and 2005 that are recovered or deobligated and required to be used for the procurement and installation of explosives detection, air cargo, baggage, and checkpoint screening systems. 717. Report on protection of personal information under Registered Traveler Program of the Transportation Security Administration Notwithstanding any other provision of law, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall not be required to submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report on the procedures used under the Registered Traveler Program to safeguard and dispose of personal information collected under that program, or certifications relating to such procedures, on or after the date of the enactment of this Act. 718. Consolidation of reports on sexual harassment, sexual violence, and sexual assaults (a) Annual report on sexual harassment and sexual violence Section 200(d) Public Law 112–213 (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4), the following: (5) Consolidation with reports on sexual assaults Each report required by this subsection may be consolidated with and submitted to the committees of Congress described in subparagraphs (A) and (B) of paragraph (4) with the annual report required by section 217 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 93 note). . (b) Annual report on sexual assault Section 217 of the Coast Guard Authorization Act of 2010 ( Public Law 111–281 14 U.S.C. 93 (c) Consolidation with reports on sexual harassment and sexual violence Each report required by this section may be consolidated with and submitted to the committees of Congress described in subsection (a) with the annual report required by section 200(d) . 719. Consolidation of reports on compliance with security standards (a) Annual report on compliance with security standards Section 809(i) of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 The annual report required by this subsection may be consolidated with and submitted to the appropriate committees of Congress with the annual report required by section 70103(e)(2) of title 46, United States Code. (b) Annual report on waterside security of especially hazardous cargo Section 70103(e)(2) of title 46, United States Code, 812 of the Coast Guard Authorization Act of 2010 ( Public Law 111–281 46 U.S.C. 70101 (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A), the following: (B) Each report required by this subsection may be consolidated with and submitted to the committees of Congress described in subparagraph (A) with the annual report required by section 809(i) . 720. Consolidation of reports and assessments on marine safety strategy and goals (a) Reports on marine safety strategy and goals Section 2116(c) (c) Submission (1) In general Beginning with fiscal year 2011 and each fiscal year thereafter, the Secretary shall submit to Congress the strategy and annual plan not later than 60 days following the transmission of the President's budget submission under section 1105 (2) Consolidation with report on marine safety workforce Each strategy and annual plan required to be submitted to Congress under paragraph (1) may be consolidated with and submitted with the annual report required by section 57(e)(1) of title 14, United States Code. . (b) Assessments of adequacy of Marine Safety Workforce Paragraph (1) of section 57(e) of title 14, United States Code, is amended by striking by December 1 of each year along with the submission required by section 2116(c) 721. Reports on Presidential security expenditures Section 9 of the Presidential Protection Assistance Act of 1976 ( Public Law 94–524 18 U.S.C. 3056 722. Reports on modernization of National Distress and Response System (a) Repeal Section 346 of the Maritime Transportation Security Act of 2002 (Public Law 107–295; 14 U.S.C. 88 note) is repealed. (b) Table of contents amendment The table of contents in section 1(b) of the Maritime Transportation Security Act of 2002 ( Public Law 107–295 723. Comprehensive Acquisition Status report Title I of the Department of Homeland Security Appropriations Act, 2012 (division D of Public Law 112–74 (1) by inserting on a semi-annual basis and shall, (2) by striking , and quarterly updates to such report not later than 30 days after completion if each quarter VIII Department of Housing and Urban Affairs 801. Rural Development Disaster Assistance report Section 10101(i) Agriculture and Rural Development Department of Agriculture 7 U.S.C. 6945(i) on a quarterly on an annual IX Department of Justice 901. Supervised Visitation report Section 1301(d)(1) of the Violence Against Women Act of 2000 ( 42 U.S.C. 10420(d)(1) The Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, together with the biennial report required under section 1003(b), a report that includes information concerning— 902. Transitional Housing Program report Section 40299(f)(1) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13975(f)(1) (1) by inserting after Senate , together with the biennial report required under section 1003(b) of the Violence Against Women Act of 2000 ( 42 U.S.C. 3789p(b) (2) by striking not later than 1 month after the end of each even-numbered fiscal year X Department of Labor 1001. Report on service to minority individuals for Senior Community Service Employment Program Section 515 of the Older Americans Act of 1965 ( 42 U.S.C. 3056m 1002. Andean Trade Preference Act report Section 207 of the Andean Trade Preference Act ( 19 U.S.C. 3205 XI Department of the Interior 1101. Special Trustee for American Indians report Section 303 of the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4043 XII Department of State 1201. Annual foreign military training report Section 656 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2416 1202. Annual military assistance report Section 655 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2415 1203. Annual report on financial contributions by the U.S. to international organizations Section 4 of the United Nations Participation Act of 1945 ( 22 U.S.C. 287b 1204. Report on arms transfers and regional balance in the Middle East Section 404 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 ( Public Law 102–138 1205. Report on Democratic People's Republic of Korea Section 585 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (22 U.S.C. 2656 note) is hereby repealed. 1206. Report on International Military Education and Training Chapter 5 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2347 et seq. (1) in section 548(b) ( 22 U.S.C. 2347g(b) For purposes of preparing the report required pursuant to section 549 of this Act, the Secretary The Secretary (2) by striking section 549 ( 22 U.S.C. 2347h 1207. Report on Kosovo peacekeeping Section 1213 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–327) is hereby repealed. 1208. Report on nuclear nonproliferation in South Asia Section 620F of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2376 1209. Report on PLO compliance with commitments Section 804 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( Public Law 101–246 (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). 1210. Report on employment of United States citizens by certain international organizations Part E of title I of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 ( Public Law 102–138 1211. Report on immunity for interdiction of aircraft used in illicit drug trafficking Section 1012 of the National Defense Authorization Act for Fiscal Year 1995 ( 22 U.S.C. 2291–4 (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). 1212. Report on outstanding expropriation claims Section 527 of the Foreign Relations Authorization Act, Fiscal Year 1994 and 1995 ( 22 U.S.C. 2370a (1) by striking subsection (f); and (2) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively. 1213. Report on terrorist lookout committees Section 304 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1733 (1) by striking subsection (f); and (2) by redesignating subsection (g) as subsection (f). 1214. Report on conflict in Sudan Section 8 of the Sudan Peace Act (Public Law 107–245; 50 U.S.C. 1701 1215. Reports on countries that export rough diamonds to the United States not controlled through the Kimberley Process Certification Scheme Section 12 of the Clean Diamond Trade Act ( 19 U.S.C. 3911 1216. Report on visa issuance to inadmissible aliens Section 51(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2723(a) 1217. Report on resolution of the Cyprus conflict Section 620C of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2373 (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 1218. Sudan Peace Act war crimes report Section 11 of the Sudan Peace Act (Public Law 107–245; 50 U.S.C. 1701 (1) in subsection (a), by striking (a) In general The Secretary (2) by striking subsections (b) and (c). 1219. Report on Tibet negotiations Section 613 of the Tibet Policy Act of 2002 (subtitle B of title VI of Public Law 107–228 22 U.S.C. 6901 (1) in subsection (a)— (A) by striking (a) Policy The President and the Secretary (a) Policy (B) by redesignating paragraph (2) as subsection (b) and moving such subsection, as so redesignated, 2 ems to the left; and (2) by striking (b) Periodic Reports 1220. Workforce planning for foreign service personnel Section 601(c) of the Foreign Service Act of 1980 ( 22 U.S.C. 4001(c) XIII Department of the Treasury 1301. Reports on environmental efforts of the multilateral development banks (a) Report on progress in implementing environmental reforms Section 539 of the Foreign Assistance and Related Programs Appropriations Act, 1987 (as enacted into law pursuant to section 101(f) of Public Law 99–500 Public Law 99–591 l (b) Report on programs To address climate change Section 533 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167; 103 Stat. 1225; 22 U.S.C. 262 l 1302. Annual report on the North American Development Bank Section 2 of Public Law 108–215 1303. Report on bilateral and multilateral debt reduction activities (a) Consolidated report Title XVI of the International Financial Institutions Act ( 22 U.S.C. 262p et seq. 1629. Report on bilateral and multilateral debt reduction activities (a) In general Not later than December 31, 2014, and annually thereafter, the President shall submit to the appropriate congressional committees and make available to the public a report on bilateral and multilateral debt reduction activities that includes a description of the following: (1) Debt relief provided by the United States as a member of the Paris Club of Official Creditors during the fiscal year preceding the submission of the report. (2) Debt cancellation carried out pursuant section 501 of H.R. 3425 of the 106th Congress, as enacted into law pursuant to section 1001(a)(5) of Public Law 106–113 (3) Bilateral debt reduction activities expected to be carried out during the fiscal year in which the report is submitted. (b) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. . (b) Conforming repeal Section 501 of H.R. 3425 of the 106th Congress, as enacted into law pursuant to section 1001(a)(5) of Public Law 106–113 (c) Nonduplication of reports The President shall not be required to submit to Congress any report on bilateral or multilateral debt reduction activities for fiscal year 2013 or any fiscal year thereafter under any other provision of law that substantially duplicates the matters required to be included in the report under section 1629 of the International Financial Institutions Act, as added by subsection (a). 1304. Report on costs and benefits of United States participation in the International Monetary Fund (a) In general The Bretton Woods Agreements Act ( 22 U.S.C. 286 et seq. 71. Annual report on costs and benefits of United States participation in the Fund (a) In general The Secretary of the Treasury shall, not less frequently than annually, submit to the appropriate congressional committees and make available to the public a report on the costs and benefits to the United States of participating in the Fund that includes an assessment of valuation gains and losses in the reserve position of the United States in the Fund. (b) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. . (b) Conforming repeal Section 504 of H.R. 3425 of the 106th Congress, as enacted into law pursuant to section 1001(a)(5) of Public Law 106–113 1305. Report on labor practices of countries that borrow from international financial institutions The first section 1621 of the International Financial Institutions Act (relating to encouragement of fair labor practices) ( 22 U.S.C. 262p–4p (1) by striking (a) The Secretary The Secretary (2) by striking subsection (b). 1306. Report on loans considered by international financial institutions Section 701 of the International Financial Institutions Act ( 22 U.S.C. 262d (1) by striking subsection (c); and (2) by redesignating subsections (d), (e), and (f) and the first subsection (g) as subsections (c), (d), (e), and (f), respectively. 1307. Annual report by Chairman of the National Advisory Council on International Monetary and Financial Policies (a) Elimination of report requirement Title XVII of the International Financial Institutions Act ( 22 U.S.C. 262r et seq. 1701. Definitions As used in this title, title XVIII, and title XIX: (1) International financial institutions The term international financial institutions (2) Multilateral development institutions The term multilateral development institutions (3) Multilateral development banks The term multilateral development banks 1701A. Advisory committee on IMF policy (a) In general The Secretary of the Treasury should establish an International Monetary Fund Advisory Committee (in this section referred to as the Advisory Committee (b) Membership The Advisory Committee should consist of members appointed by the Secretary of the Treasury, after appropriate consultations with the relevant organizations. Such members should include representatives from industry, representatives from agriculture, representatives from organized labor, representatives from banking and financial services, and representatives from nongovernmental environmental and human rights organizations. . (b) Conforming repeal Section 538 of the Foreign Operations, Export Financing, and Related Appropriations Act, 1999 (as enacted into law pursuant to section 101(d) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( Public Law 105–277 22 U.S.C. 262r (c) Conforming amendments (1) International Financial Institutions Act The International Financial Institutions Act ( 22 U.S.C. 262c et seq. (A) by striking section 1701(c)(2) section 1701 (B) by striking section 1701(c)(3) section 1701 (2) Afghanistan Freedom Support Act of 2002 Section 104(d)(2) of the Afghanistan Freedom Support Act of 2002 ( 22 U.S.C. 7514(d)(2) section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)) section 1701 of the International Financial Institutions Act (3) Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 Section 201(4)(B) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8531(4)(B) section 1701(c)(3) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(3) section 1701 of the International Financial Institutions Act (4) Foreign Assistance Act of 1961 Section 661(f)(2)(B)(ii) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2421(f)(2)(B)(ii) section 1701(c) section 1701 (5) International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 Section 360(c) of the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 (22 U.S.C. 262p–4r(c)) is amended by striking section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(2) section 1701 of the International Financial Institutions Act (6) International Financial Institution Advisory Commission Section 603 of the Foreign Operations, Export Financing, and Related Appropriations Act, 1999 (as enacted into law pursuant to section 101(d) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( Public Law 105–277 22 U.S.C. 262r section 1701(c)(2) section 1701 (7) Intelligence Reform and Terrorism Prevention Act of 2004 Section 7702(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3859; 31 U.S.C. 5311 section 1701(c)(2) section 1701 (8) Palestinian Anti-Terrorism Act of 2006 Section 8(c) of the Palestinian Anti-Terrorism Act of 2006 ( Public Law 109–446 section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(2) section 1701 of the International Financial Institutions Act (9) Senator Paul Simon Water for the Poor Act of 2005 Section 9(2) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 22 U.S.C. 2152h section 1701(c) section 1701 (10) Sudan Accountability and Divestment Act of 2007 Section 2(9)(B) of the Sudan Accountability and Divestment Act of 2007 ( Public Law 110–174 50 U.S.C. 1701 section 1701(c)(3) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(3) section 1701 of the International Financial Institutions Act 1308. Quarterly report on borrowing arrangements of the International Monetary Fund Section 605 of the Foreign Operations, Export Financing, and Related Appropriations Act, 1999 (as enacted into law pursuant to section 101(d) of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( Public Law 105–277 1309. Annual report and testimony on the state of the international financial system, International Monetary Fund reform, and compliance with International Monetary Fund agreements Section 1705 of the International Financial Institutions Act ( 22 U.S.C. 262r–4 1310. Report on progress of the Asian Development Bank toward meeting certain policy goals Section 2126 of the Full-Year Continuing Appropriations Act, 2011 (division B of Public Law 112–10 1311. Report on the multilateral Clean Technology Fund Section 7081(g) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 22 U.S.C. 7909(3) 1312. Notification of significant modifications to auction process for issuing United States Treasury obligations (a) In general Section 203 of the Government Securities Act Amendments of 1993 ( Public Law 103–202 31 U.S.C. 3121 (b) Clerical amendment The table of contents for the Government Securities Act Amendments of 1993 is amended by striking the item relating to section 203. 1313. Report on technical assistance to foreign governments and foreign central banks of developing or transitional countries (a) In general Section 129(h)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151aa(h)(1) (1) by striking every 6 months annually (2) by striking 6-month period year (b) Effective date The amendment made by subsection (a) shall apply with respect to reports required to be submitted under 129(h)(1) of the Foreign Assistance Act of 1961 after January 31, 2014. 1314. Reports on United States supported policies in the multilateral development banks Section 803 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (as enacted into law pursuant to section 101(a) of Public Law 106–429 1315. Reports on United States Government foreign credit exposure Notwithstanding any other provision of law, the Secretary of the Treasury shall not be required to submit to Congress a report on the foreign credit exposure of the United States Government on or after the date of the enactment of this Act. 1316. Vacancies report Section 3349(a) (a) The head of each Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) shall submit to the Comptroller General of the United States and to each House of Congress a quarterly report, which shall, for the quarter covered by the report, include— (1) a list of each vacancy that occurred in the agency in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred; (2) the name of any person serving in an acting capacity in such an office during any portion of the quarter, the date such service began, and, if applicable, the date such service terminated; (3) the name of any person nominated to the Senate to fill such a vacancy and the date such nomination was submitted; and (4) the date of a rejection, withdrawal, or return of such a nomination. . XIV Department of Transportation 1401. Buckle Up America report The requirement set forth on page 102 of House Report 105–88, which directs the Secretary of Transportation and the Administrator of the National Highway Traffic Safety Administration to provide biannual reports to the Committee on Appropriations of the Senate Committee on Appropriations of the House of Representatives 1402. Buy America Waivers Section 122 of title I of Division C of the Consolidated and Further Continuing Appropriations Act, 2012 (23 U.S.C. 313 note; 125 Stat. 654) is repealed. 1403. Fundamental properties of asphalts and modified asphalts Section 6016 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2182) is amended— (1) in subsection (d), by striking paragraph (3); (2) by striking subsection (e); and (3) by redesignating subsection (f) as subsection (e). 1404. Hazardous materials emergency preparedness grants report Section 5116(k) (k) Reporting requirement The Office of Hazardous Materials Safety shall periodically upload statistics and measures relating to the use of grant funds distributed under this section to the website of the Pipeline and Hazardous Materials Safety Administration. . 1405. Hazardous materials safety quarterly staffing report The requirement set forth on page 110 of Senate Report 111–230, which directs the Office of Hazardous Materials Safety to submit quarterly staffing reports to the Committee on Appropriations of the Senate, 1406. High speed corridors and intercity passenger rail service monthly project status The requirement set forth on page 85 of House Report 111–564, which directs the Federal Rail Administration to provide monthly updates on the progress made by high speed rail grantees to the Committee on Appropriations of the Senate Committee on Appropriations of the House of Representatives, 1407. Neighborhood electric vehicles The requirement set forth in the explanatory statement accompanying the Omnibus Appropriations Act, 2009 ( Public Law 111–8 1408. Pipeline and Hazardous Materials Safety Statutory Mandate reports Section 6 of the Norman Y. Mineta Research and Special Programs Improvement Act ( 49 U.S.C. 108 1409. Rail safety mandates and NTSB recommendations Title I of the Rail Safety Improvement Act of 2008 ( Public Law 110–432 1410. Railway-Highway crossings Section 130(g) The Secretary shall submit a report 1411. Reports on hazardous materials transportation (a) Designation Section 5103(d) of title 49, United States Code, is amended to read as follows: (d) Designation of certain hazardous materials The Office of Hazardous Materials Safety shall periodically upload, to the website of the Pipeline and Hazardous Materials Safety Administration, information on whether the Secretary of Transportation has designated as hazardous materials for purposes of this chapter all by-products of the methamphetamine-production process that are known by the Secretary to pose an unreasonable risk to health and safety or property when transported in commerce in a particular amount and form. . (b) Statistical compilation of accidents Section 5121(h) (h) Dissemination of statistics and measures The Office of Hazardous Materials Safety shall periodically upload information relating to the transportation of hazardous materials in the United States to the website of the Pipeline and Hazardous Materials Safety Administration. Such information shall including— (1) a statistical compilation of accidents and casualties related to the transportation of hazardous material; (2) a list and summary of applicable Government regulations, criteria, orders, and special permits; (3) a summary of the basis for each special permit; (4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1) and the degree of voluntary compliance with regulations; (5) a summary of outstanding problems in carrying out this chapter in order of priority; and (6) recommendations for appropriate legislation. . 1412. Major projects team reports The requirement set forth in paragraph (3) on page 74 of House Report 106–622, which directs the Federal Highway Administration to submit to Congress an annual summary of the reports and assessments issued by the major projects team of the Federal Highway Administration, is rescinded. 1413. Pipeline safety information grants to communities Section 60130 (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). 1414. FAA technical staffing requirements The requirement set forth in the explanatory statement accompanying the Omnibus Appropriations Act, 2009 ( Public Law 111–8 XV Department of Veterans Affairs 1501. Repeal of requirement for annual reports regarding Office of Research Oversight Section 7307 (1) by striking subsection (f); and (2) by redesignating subsection (g) as subsection (f). 1502. Repeal of requirement for annual reports on contracting for performance by contractor personnel for work previously performed by Department employees Section 8110 of such title is amended— (1) by striking subsection (c); and (2) by redesignating subsections (d) through (f) as subsections (c) through (e), respectively. 1503. Repeal of requirement for annual reports on procurement of health-care items Section 8125 of such title is amended— (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d). 1504. Repeal of requirement for annual reports on medical and surgical bed closures Section 8110 of such title is amended— (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). 1505. Reduced frequency of annual reports on activities relating to minority veterans (a) In general The first sentence of section 544(c)(1) of such title is amended by striking each year every other year (b) Next report The first report submitted under such section after the date of the enactment of this Act shall be submitted after the date that is one year after the date of the enactment of this Act. 1506. Repeal of requirement for annual report on sharing of health-care resources Section 8153 of such title is amended by striking subsection (g). 1507. Repeal of requirement for annual report on staffing of registered nurses Section 7451(e) of such title is amended by striking paragraphs (4) through (6). 1508. Repeal of requirement for annual report on use of authorities to enhance retention of experienced nurses (a) In general Subchapter II of chapter 73 of such title is amended by striking section 7324. (b) Conforming amendment The table of sections at the beginning of chapter 73 of such title is amended by striking the item relating to section 7324. XVI Consumer Product Safety Commission 1601. Consolidation of annual reports regarding Inspector General reviews of improvements and employee complaints concerning Consumer Product Safety Commission Section 205(d) of the Consumer Product Safety Improvement Act of 2008 ( Public Law 110–314 15 U.S.C. 2076b(d) (1) in paragraph (2), by inserting or semiannual annual (2) by adding at the end the following: (3) Consolidation In carrying out paragraph (2), the Inspector General may include the findings, conclusions, and recommendations referred to in such paragraph in an annual or semiannual report that is required by a provision of law other than this subsection. . XVII Corporation for National and Community Service 1701. Report on reports provided by other Federal agencies Section 182 of the National and Community Service Act of 1990 ( 42 U.S.C. 12642 (1) in subsection (a), by striking all that precedes the first sentence; and (2) by striking subsection (b). 1702. Service-learning impact study Part IV of subtitle B of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12565 XVIII Environmental Protection Agency 1801. Great Lakes report Section 118 of the Federal Water Pollution Control Act ( 33 U.S.C. 1268 (1) in subsection (c)— (A) in paragraph (3), by striking subparagraph (E); (B) by striking paragraph (10); and (C) by redesignating paragraphs (11) through (13) as paragraphs (10) through (12), respectively; (2) in subsection (d)(2), by striking the second sentence; (3) by striking subsection (f); and (4) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. 1802. General assistance program report The Indian Environmental General Assistance Program Act of 1992 ( 42 U.S.C. 4368b 1803. Marine protection report Section 204 of the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1444 (1) by striking subsection (b); and (2) by redesignating subsection (c) as subsection (b). 1804. Superfund Alternative Approach report Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency shall not submit to Congress an annual report on sites that use the Superfund Alternative Approach. 1805. Acid Precipitation Task Force Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended— (1) by striking subsection (j); and (2) by redesignating subsection (k) as subsection (j). 1806. Great Lakes crosscut report The matter under the heading (including transfer and rescission of funds) Administrative provisions, Environmental Protection Agency Public Law 111–88 Not later than 18 months after the date of enactment of this Act, the Administrator, in consultation with other Federal agencies, shall carry out and submit to Congress the results of a study on domestic and international black carbon emissions that shall include an inventory of the major sources of black carbon, an assessment of the impacts of black carbon on global and regional climate, an assessment of potential metrics and approaches for quantifying the climatic effects of black carbon emissions (including its radiative forcing and warming effects) and comparing those effects to the effects of carbon dioxide and other greenhouse gases, an identification of the most cost-effective approaches to reduce black carbon emissions, and an analysis of the climatic effects and other environmental and public health benefits of those approaches. 1807. Federal procurement reporting (a) Solid Waste Disposal Act Section 6002(g) of the Solid Waste Disposal Act (42 U.S.C. 6962(g)) is amended by striking , and to, every two years beginning in 1984, report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d) (b) Farm Security and Rural Investment Act of 2002 (1) In general Section 9002 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8102 (A) by striking subsection (g); and (B) by redesignating subsection (h) as subsection (g). (2) Conforming amendment Section 944(c)(2)(A) of the Energy Policy Act of 2005 ( 42 U.S.C. 16253(c)(2)(A) section 9002(h)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102(h)(1)) section 9002(b)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8102(b)(1) XIX Federal Trade Commission 1901. Consolidation of report on scholarship fraud Section 5(a)(1) of the College Scholarship Fraud Prevention Act of 2000 ( 20 U.S.C. 1092d(a)(1) submit to Congress each year include in each Consumer Sentinel Network Report of the Commission 1902. Ethanol market concentration Section 211(o) of the Clean Air Act (42 U.S.C. 7545) is amended— (1) by striking paragraph (10); and (2) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively. XX General Services Administration 2001. Contingency Contracting Corps Section 2312 2002. Agency activities to improve air quality Section 7905(d) (1) in paragraph (1), by adding and (2) in paragraph (2), by striking ; and (3) by striking paragraph (3). 2003. Per diem rates Section 5707 2004. Federal high-performance green buildings (a) In general Section 436 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17092 (1) by striking subsections (f) and (g); and (2) by redesignating subsection (h) as subsection (f). (b) Technical and conforming amendments (1) In general Section 491(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17121(a) section 436(h) section 436(f) (2) Energy Conservation and Production Act Section 305(a)(3)(D)(i)(III) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)(i)(III)) is amended by striking section 436(h) section 436(f) XXI National Aeronautics and Space Administration 2101. Report on donations of educationally useful Federal equipment to schools Section 321(b) of the National Aeronautics and Space Administration Authorization Act of 2000 ( Public Law 106–391 51 U.S.C. 20113 (b) Sense of the Congress It is the sense of the Congress that the Administrator should, to the greatest extent practicable and in a manner consistent with applicable Federal law (including Executive Order No. 12999), donate educationally useful Federal equipment to schools in order to enhance the science and mathematics programs of those schools. . 2102. Annual audit of policies and procedures of the National Aeronautics and Space Administration with respect to the export of technologies and the transfer of scientific and technical information Section 30701(a) 2103. Status report on operations of Landsat system Section 60147 2104. Report on National Aeronautics and Space Administration outreach program Section 30305 of title 51, United States Code, is amended by striking subsection (c). 2105. Notification of policy seeking full cost recovery for tests conducted at National Aeronautics and Space Administration facilities Section 50505(a) The Administrator shall not Senate. 2106. Report on National Aeronautics and Space Administration program and cost assessment and cost control Section 1203 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18442 2107. Report on performance assessment of divisions in the Science directorate of the National Aeronautics and Space Administration (a) In general Section 30503(c) of title 51, United States Code, is amended in the matter preceding paragraph (1) by striking Not later than March 1 of each year, beginning with the first fiscal year after December 30, 2005, Not later than March 1, 2015, and every 5 years thereafter, (b) Effective date The amendment made by subsection (a) shall apply with respect to reports submitted under section 30503(c) 2108. Report on space cooperation with states of the former Soviet Union Section 218 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (Public Law 102–588; 106 Stat. 5117; 51 U.S.C. 50702 2109. Space shuttle follow-on report (a) In general Section 70501 (b) Clerical amendment The table of sections for chapter 705 of such title is amended by striking the item relating to section 70501. 2110. Report on stratospheric ozone depletion Section 603 of the Clean Air Act (42 U.S.C. 7671b) is amended— (1) in paragraphs (1) and (2) of subsection (d), by striking not less often than every 3 years following enactment of the Clean Air Act Amendments of 1990 not later than November 15, 2014, and every 4 years thereafter (2) in subsection (f), by striking 3 years 4 years 2111. Aeronautics and space report of the President (a) In general Section 20116 of title 51, United States Code, is hereby repealed. (b) Clerical amendment The table of sections at the beginning of subchapter II of chapter 201 of such title is amended by striking the item relating to section 20116. XXII National Science Foundation 2201. Report on encouraging participation in science, technology, engineering, and mathematics careers (a) Consolidation Section 18(e)(2) of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–7 (2) Encouraging participation The Director shall— (A) establish metrics to evaluate the success of the programs established by the Foundation for encouraging individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) to study and prepare for careers in science, technology, engineering, and mathematics, including programs that provide for mentoring for such individuals; (B) carry out evaluations based on the metrics; and (C) include the findings and conclusions of such evaluations in the report described in paragraph (1). . (b) Elimination of duplicative report Section 7031(b) of the America COMPETES Act ( 42 U.S.C. 1862o–11 2202. Report on funding for successful science, technology, engineering, and mathematics education programs Section 7012 of the America COMPETES Act (42 U.S.C. 1862o–4) is amended by striking subsection (c). 2203. Report on innovation acceleration research Section 1008 of the America COMPETES Act (42 U.S.C. 6603) is amended— (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). XXIII Office of Personnel Management 2301. Critical position pay Section 5377 (1) in subsection (a)(2)(F), by striking subsection (i) subsection (h) (2) by striking subsection (h); and (3) by redesignating subsection (i) as subsection (h). 2302. Physicians comparability allowance Section 5948 2303. Extending locality pay Section 5304(h)(2)(C) No later than 30 days XXIV Intelligence Reports 2401. Submissions of space science and technology strategy Section 2272(a) 2402. Reports on intelligence information sharing Section 102A(g) of the National Security Act of 1947 ( 50 U.S.C. 3024(g) 2403. Reports on the acquisition of major systems Section 102A(q)(1) of the National Security Act of 1947 ( 50 U.S.C. 3024(q)(1) (1) in subparagraph (A), by adding and (2) in subparagraph (B), by striking Secretary; and Secretary. (3) by striking subparagraph (C). 2404. Reports on the threat of attack on the United States using weapons of mass destruction (a) Repeal Section of the 114 of the National Security Act of 1947 ( 50 U.S.C. 3050 (1) by striking the section heading and inserting Annual report on hiring and retention of minority employees (2) by striking (a) Annual report on hiring and retention of minority employees (a) Requirement for annual report (3) by striking subsection (b); and (4) by striking paragraph (5) of subsection (a) and inserting the following: (b) Covered persons defined In this section, the term covered person (1) racial and ethnic minorities; (2) women; and (3) individuals with disabilities. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 ( 50 U.S.C. 3001 et seq. Sec. 114. Annual report on hiring and retention of minority employees. . 2405. Reports on personnel level assessments for the intelligence community (a) Repeal Section 506B of the National Security Act of 1947 ( 50 U.S.C. 3098 (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 ( 50 U.S.C. 3001 et seq. 2406. Reports on intelligence community business system transformation Section 506D(j) of the National Security Act of 1947 ( 50 U.S.C. 3100(j) 2015, 2013, 2407. Reports on security clearances (a) Repeal Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) is repealed. (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 ( 50 U.S.C. 3001 et seq. 2408. Reports related to analytic integrity Section 1019 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3364 2409. Reports of privacy and civil liberties officers Section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee–1(f)(1) quarterly, twice each year, 2410. Reports related to the Federal Bureau of Investigation (a) Reports on role of analysts at Federal Bureau of Investigation headquarters and field locations Section 2001(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 (b) Reports on Federal Bureau of Investigation information sharing Section 2001(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 2411. Reports on waivers of conditions for disqualification for security clearances Section 3002(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3343(c) 2412. Reports on customer feedback on Department of Homeland Security intelligence reporting Section 210A(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 124h(g) (g) Consumer feedback The Secretary shall create a voluntary mechanism for any State, local, or tribal law enforcement officer or other emergency response provider who is a consumer of the intelligence or other information products referred to in subsection (d) to provide feedback to the Department on the quality and utility of such intelligence products. . 2413. Reports on commerce with, and assistance to, Cuba from other foreign countries (a) Repeal Section 108 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6038) is repealed. (b) Table of contents amendment The table of contents in section 1(b) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by striking the item relating to section 108. 2414. Reports identifying countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran (a) In general Title III of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8541 et seq. (1) by striking sections 301, 302, 303, and 304; and (2) by redesignating section 305 as section 301. (b) Conforming amendments Section 401 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8551 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking 305 301 (B) in paragraph (1), by striking (as defined in section 301) (2) in subsection (b)— (A) in paragraph (1), by striking the application of the prohibition under section 106(a), or the imposition of the licensing requirement under section 303(c) with respect to a country designated as a Destination of Diversion Concern under section 303(a), or the application of the prohibition under section 106(a), (B) by amending paragraph (2) to read as follows: (2) Reports If the President waives the application of a provision pursuant to paragraph (1), the President shall submit to the appropriate congressional committees a report describing the reasons for the waiver. . (c) Table of contents amendment The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the items relating to sections 301, 302, 303, 304, and 305 and inserting the following: Sec. 301. Enforcement authority. . 2415. Reports from the Advisory Intelligence Committees Section 410 of the Intelligence Authorization Act for Fiscal Year 2010 is amended— (a) in subsection (a) ( Public Law 111–259 (a) In general (b) by striking subsection (b) ( 50 U.S.C. 3309 2416. Assessments on transformation of the intelligence capabilities of the Federal Bureau of Investigation Section 445(b)(1) of the Intelligence Authorization Act for Fiscal Year 2010 ( Public Law 111–259 five years, three years, 2417. Reports on nuclear aspirations of non-state entities and related matters Section 1055 of the National Defense Authorization Act for Fiscal Year 2010 (50 U.S.C. 2371) is amended to read as follows: 1055. Repeal of reports on contributions of foreign persons to weapons of mass destruction and delivery systems efforts of countries of proliferation concern Section 722 of the Combating Proliferation of Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2369) is repealed. . 2418. Reports on counterterrorism status Section 1242 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2539) is repealed. 2419. Reports on bandwidth requirements for major defense acquisition programs and major systems acquisition programs Section 1047(d) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2366b (d) Formal review process for bandwidth requirements The Secretary of Defense and the Director of National Intelligence shall, as part of the Milestone B or Key Decision Point B approval process for any major defense acquisition program or major system acquisition program, establish a formal review process to ensure that— (1) the bandwidth requirements needed to support such program are or will be met; and (2) a determination will be made with respect to how to meet the bandwidth requirements for such program. . 2420. Reports regarding Iran's capability to produce nuclear weapons Section 1234 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (1) by striking subsections (a) and (b); and (2) by striking (c) Notification 2421. Reports on counterintelligence and security practices at the national laboratories Section 4507 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( 50 U.S.C. 2658 2422. Reports on security vulnerabilities of national laboratory computers Section 4508 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (50 U.S.C. 2659) is repealed. 2423. Reports on espionage by the People's Republic of China Section 3151 of the National Defense Authorization Act for Fiscal Year 2000 ( 42 U.S.C. 7383e 2424. Reports on uncontrolled treaty-limited equipment Section 2(5)(E) of the Senate Resolution Advising and Consenting to the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe (CFE) of November 19, 1990, adopted at Vienna on May 31, 1996 (Treaty Doc. 105–5) (commonly referred to as the CFE Flank Document XXV Securities and Exchange Commission 2501. Securities Financial Controls Audit report Section 924(d) of the Investor Protection and Securities Reform Act of 2010 ( 15 U.S.C. 78u–6(d) shall report shall submit the reports required by section 21F(g)(5)) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6(g)(5) XXVI Small Business Administration 2601. Small Business breakout procurement center reports Section 403 of the Small Business and Federal Procurement Competition Enhancement Act of 1984 (15 U.S.C. 644 note) is amended— (1) by striking (a) (2) by striking subsection (b). 2602. Small business loss report Section 10(b) of the Small Business Act (15 U.S.C. 639(b)) is amended— (1) by striking shall make for each such period shall submit, together with its annual financial report to Congress, information on (2) by striking this this this 2603. Small business secondary market guarantee authority Section 503(e) of the American Recovery and Reinvestment Act of 2009 (123 Stat. 154) is amended— (1) by striking subsection (e); and (2) by redesignating subsections (f) through (i) as subsections (e) through (h), respectively. XXVII Social Security Administration 2701. Social Security Administration Comprehensive Printing Plan Program Any request of the United States Congress Joint Committee on Printing to submit an annual comprehensive printing program plan shall not apply to the Social Security Administration. XXVIII United States Army Corps of Engineers 2801. Consolidation of reports on execution of water resources development funds Notwithstanding any other provision of law, in the quarterly reports required by the matter under the heading Corps of Engineers–Civil Department of the Army Department of Defense–Civil Public Law 111–5 XXIX Executive Office of the President 2901. Restriction on airport projects using products or services of foreign countries denying fair market opportunities (a) In general Section 50104 (b) Clerical amendment The analysis for chapter 501 of such title is amended by striking the item relating to section 50104. 2902. Annual report on the World Trade Organization Section 124 of the Uruguay Round Agreements Act (19 U.S.C. 3534) is amended— (1) by striking paragraphs (2), (3), and (4); and (2) by redesignating paragraphs (5) through (8) as paragraphs (2) through (5), respectively. 2903. Baseline for Application of Reprogramming and Transfer Authorities Section 608 of division E of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 (1) by striking not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report an agency funded by this Act shall submit a report, as part of any request to reprogram or transfer amounts made available to the agency, (2) by striking per day for each day after the required date that the report has not been submitted to the Congress per day for each day after the date on which the agency requests to reprogram or transfer amounts made available to the agency, if the agency has not submitted the report required under the previous proviso 2904. FAIR Inventories The Federal Activities Inventory Reform Act of 1998 ( 31 U.S.C. 501 (1) by striking section 4; (2) by redesignating sections 5 and 6 as sections 4 and 5, respectively; and (3) in section 4, as redesignated— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (2), as redesignated, the following: (1) Executive agency The term executive agency section 901(b) . 2905. Homeland Security Funding Analysis Section 1105(a) (1) by striking paragraph (35); (2) by redesignating paragraph (36) and the first paragraph designated as paragraph (37) as paragraphs (35) and (36), respectively; and (3) by redesignating paragraph (38) and the second paragraph designated as paragraph (37) as paragraphs (37) and (38), respectively. 2906. Reduction in frequency of elimination of unnecessary agency reporting reports (a) Budget contents Section 1105(a) (b) Elimination of unnecessary agency reporting Section 1125(a) Annually Biennially 2907. Repeal of reports on interagency oceans and human health research program Section 902 of the Oceans and Human Health Act ( 33 U.S.C. 3101 2908. Repeal of report and related requirements relating to national coordination of research infrastructure Section 1007 of the America COMPETES Act ( Public Law 110–69 42 U.S.C. 6619 2909. Reduced frequency of report by National Nanotechnology Advisory Panel Section 4(d) of the 21st Century Nanotechnology Research and Redevelopment Act ( Public Law 108–153 2 fiscal years 3 fiscal years 2910. Reports on the National Oceanographic Partnership Program Section 7902(e) (e) Biannual report Not later than March 1 of every other year, the Council shall submit to Congress a report on the National Oceanographic Partnership Program. The report shall contain the following: (1) A description of activities of the program carried out during the two fiscal years before the fiscal year in which the report is prepared, together with a list of the members of the Ocean Research Advisory Panel and any working groups in existence during the fiscal years covered. (2) A general outline of the activities planned for the program during the fiscal year in which the report is prepared and the following fiscal year. (3) A summary of projects continued from the two fiscal years before the fiscal year in which the report is prepared and projects expected to be started during the fiscal year in which the report is prepared and during the following fiscal year. (4) A description of the involvement of the program with Federal interagency coordinating entities. (5) The amounts requested, in the budget submitted to Congress pursuant to section 1105(a) of title 31 for the two fiscal years following the fiscal year in which the report is prepared, for the programs, projects, and activities of the program and the estimated expenditures under such programs, projects, and activities during such following fiscal years. . 2911. Elimination of requirement for review of National Nanotechnology Program by National Research Council Section 5 of the 21st Century Nanotechnology Research and Redevelopment Act ( Public Law 108–153 15 U.S.C. 7504 2912. Elimination of requirement for report on the National Windstorm Impact Reduction Program Section 204 of the National Windstorm Impact Reduction Act of 2004 ( Public Law 108–360 42 U.S.C. 15703 2913. Elimination of mid-session review summary Section 1106(a) (1) in paragraph (1)(D), by adding and (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). 2914. Elimination of requirement for report on progress of executive agencies in achieving goals set to improve efficiency and effectiveness of agency operations through use of information technology Section 11313 (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively. 2915. Report on trade preferences under the Caribbean Basin Economic Recovery Act Section 212 of the Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2702 2916. Physicians' comparability allowances Section 5948 2917. Report on trade enforcement efforts under title III of the Trade Act of 1974 Section 309(3) of the Trade Act of 1974 (19 U.S.C. 2419(3)) is amended in the matter preceding subparagraph (A) by striking semiannually annually 2918. Publication of service contract inventory Section 743 of the Financial Services and General Government Appropriations Act, 2010 (division C of Public Law 111–117; 31 U.S.C. 501 (1) by striking subsection (c); (2) by redesignating subsections (d), (e), (f), (g), (h), and (i) as subsections (c), (d), (e), (f), (g), and (h), respectively; and (3) in subsection (e), as redesignated by paragraph (2)— (A) by striking subsection (e) subsection (d) (B) by striking and made publicly available in accordance with subsection (c) 2919. Report on waivers of sanctions with respect to North Korea Section 1405(c) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252

Government Reports Elimination Act of 2014

SGR Repeal and Medicare Beneficiary Access Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) end and remove sustainable growth rate (SGR) methodology from the determination of annual conversion factors in the formula for payment for physicians' services; (2) freeze the update to the single conversion factor at 0.5% for 2014 through 2018 and at 0.00% for 2019 through 2023, and (3) establish an update of 1% for health professionals participating in alternative payment models (APMs) and an update of 0.5% for all other health professionals after 2023. Directs the Medicare Payment Advisory Commission (MEDPAC) to report to Congress on the relationship between: (1) physician and other health professional utilization and expenditures (and their rate of increase) of items and services for which Medicare payment is made, and (2) total utilization and expenditures (and their rate of increase) under Medicare parts A (Hospital Insurance), B (Supplementary Medical Insurance), and D (Voluntary Prescription Drug Benefit Program). Requires a separate report on the 2014-2018 update to physicians' services under Medicare Revises and consolidates components of the three specified existing performance incentive programs into a merit-based incentive payment (MIP) system the Secretary of Health and Human Services (HHS) is directed to establish, under which MIP-eligible professionals (excluding most APM participants) receive annual payment increases or decreases based on their performance. Requires specified incentive payments to eligible APM participants. Directs the Secretary to make available on the Physician Compare website certain information, including information regarding the performance of MIP-eligible professionals. Requires the Comptroller General (GAO) to evaluate the VBP program. Requires the Secretary to study the application of federal fraud prevention laws related to APMs. Directs the Secretary to draft a plan for development of quality measures to assess professionals, including non-patient-facing professionals. Requires the Secretary to establish new Healthcare Common Procedure Coding System (HCPCS) codes for chronic care management services. Directs the Secretary to conduct an education and outreach campaign to inform professionals who furnish items and services under Medicare part B and part B enrollees of the benefits of chronic care management services. Authorizes the Secretary to: (1) collect and use information on the resources directly or indirectly related to physicians' services in the determination of relative values under the fee schedule; and (2) establish or adjust practice expense relative values using cost, charge, or other data from suppliers or service providers. Revises and expands factors for identification of potentially misvalued codes. Sets an annual target for relative value adjustments for misvalued services. Phases-in significant relative value unit (RVU) reductions. Directs the Secretary to establish a program to promote the use of appropriate use evidence-based criteria for applicable imaging services furnished in an applicable setting by ordering professionals and furnishing professionals. Expands the kinds of uses of Medicare data available to qualified entities for quality improvement activities. Directs the Secretary to provide Medicare data to qualified clinical data registries to facilitate quality improvement or patient safety. Allows continuing renewals of any two-year period for which a physician or practitioner opts out of the Medicare claims process under a private contract with a beneficiary. Declares it a national objective to achieve widespread exchange of health information through interoperable certified electronic health records (EHR) technology nationwide by December 31, 2017. Directs the Secretary to establish related metrics. Requires meaningful EHR professionals and hospitals to demonstrate that they have not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology. Directs GAO to study specified telehealth and remote patient monitoring services. Modifies extensions and other requirements pertaining to the work geographic adjustment as well as Medicare payment for therapy services and ambulance services. Revises requirements for: (1) the Medicare-dependent hospital (MDH) program, (2) the Medicare inpatient hospital payment adjustment for low-volume hospitals, as well as (3) specialized Medicare Advantage (MA) plans for special needs individuals. Amends SSA title XIX (Medicaid) to extend the qualifying individual (QI) program, the transitional medical assistance (TMA) program, and express lane program eligibility. Amends SSA title XI with respect to continue funding for pediatric quality measures. Amends the Public Health Service Act to extend certain special diabetes programs. Extends the abstinence education grant program, the personal responsibility education program, and family-to-family health information centers. Extends the health workforce demonstration project for low-income individuals under SSA title XX. Requires each Medicare administrative contractor to establish an improper payment outreach and education program to give service providers and suppliers information on payment errors with a view to reducing improper Medicare payments. Revises requirements for a Medicaid fraud control unit's authority to investigate and prosecute complaints of abuse and neglect of patients in home and community-based settings. Authorizes the HHS Inspector General to receive and retain 3% of all amounts collected pursuant to civil debt collection and administrative enforcement actions related to false claims or frauds involving the Medicare or Medicaid program. Requires valid prescriber National Provider Identifiers on pharmacy claims against prescription drug plans (PDPs). Directs the Secretary to establish a Commission on Improving Patient Directed Health Care. Expands the definition of inpatient hospital services for certain cancer hospitals. Directs the Secretary to provide for the development of one or more quality measures under Medicare to accurately communicate the existence and provide for the transfer of patient health information and patient care preferences when an individual transitions from a hospital to return home or move to other post-acute care settings. Specifies that the minimum level of supervision with respect to outpatient therapeutic critical access hospital services shall be general supervision. Requires state licensure of bidding entities under the competitive acquisition program for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). Recognizes attending physician assistants as attending physicians to serve hospice patients under Medicare. Directs the Secretary to conduct remote patient monitoring pilot projects. Requires the Secretary to establish a Community-Based Institutional Special Needs Plan demonstration project to prevent and delay institutionalization under Medicaid among targeted low-income Medicare beneficiaries. Directs the Secretary to implement a strategic plan to increase the usefulness of data about Medicaid programs reported by states to the Centers for Medicare and Medicaid Services. Includes podiatrists as physicians under the Medicaid program. Modifies Medicare requirements for inclusion of diabetic shoes under medical and other health services. Directs the Secretary to: (1) publish criteria for a clinic to be certified by a state as a certified community behavioral health clinic, (2) award states planning grants to develop proposals to participate in time-limited related demonstration programs, and (3) select states to participate in such programs. Requires the Secretary to report annually to Congress on payment adjustments to disproportionate share hospitals (DSHs) in order to provide Congress with information relevant to determining an appropriate level of overall funding for such adjustments during and after a certain period in which aggregate reductions in DSH allotments to states are required.

113 S2110 PCS: Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 327 113th CONGRESS 2d Session S. 2110 IN THE SENATE OF THE UNITED STATES March 11, 2014 Mr. Wyden March 12, 2014 Read the second time and placed on the calendar A BILL To amend titles XVIII and XIX of the Social Security Act to repeal the Medicare sustainable growth rate and to improve Medicare and Medicaid payments, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Medicare Payment for Physicians' Services Sec. 101. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services. Sec. 102. Priorities and funding for measure development. Sec. 103. Encouraging care management for individuals with chronic care needs. Sec. 104. Ensuring accurate valuation of services under the physician fee schedule. Sec. 105. Promoting evidence-based care. Sec. 106. Empowering beneficiary choices through access to information on physicians’ services. Sec. 107. Expanding availability of Medicare data. Sec. 108. Reducing administrative burden and other provisions. TITLE II—Extensions Subtitle A—Medicare Extensions Sec. 201. Work geographic adjustment. Sec. 202. Medicare payment for therapy services. Sec. 203. Medicare ambulance services. Sec. 204. Revision of the Medicare-dependent hospital (MDH) program. Sec. 205. Revision of Medicare inpatient hospital payment adjustment for low-volume hospitals. Sec. 206. Specialized Medicare Advantage plans for special needs individuals. Sec. 207. Reasonable cost reimbursement contracts. Sec. 208. Quality measure endorsement and selection. Sec. 209. Permanent extension of funding outreach and assistance for low-income programs. Subtitle B—Medicaid and Other Extensions Sec. 211. Qualifying individual program. Sec. 212. Transitional Medical Assistance. Sec. 213. Express lane eligibility. Sec. 214. Pediatric quality measures. Sec. 215. Special diabetes programs. Subtitle C—Human Services Extensions Sec. 221. Abstinence education grants. Sec. 222. Personal responsibility education program. Sec. 223. Family-to-family health information centers. Sec. 224. Health workforce demonstration project for low-income individuals. TITLE III—Medicare and Medicaid program integrity Sec. 301. Reducing improper Medicare payments. Sec. 302. Authority for Medicaid fraud control units to investigate and prosecute complaints of abuse and neglect of Medicaid patients in home and community-based settings. Sec. 303. Improved use of funds received by the HHS Inspector General from oversight and investigative activities. Sec. 304. Preventing and reducing improper Medicare and Medicaid expenditures. TITLE IV—Other Provisions Sec. 401. Commission on Improving Patient Directed Health Care. Sec. 402. Expansion of the definition of inpatient hospital services for certain cancer hospitals. Sec. 403. Quality measures for certain post-acute care providers relating to notice and transfer of patient health information and patient care preferences. Sec. 404. Criteria for medically necessary, short inpatient hospital stays. Sec. 405. Transparency of reasons for excluding additional procedures from the Medicare ambulatory surgical center (ASC) approved list. Sec. 406. Supervision in critical access hospitals. Sec. 407. Requiring State licensure of bidding entities under the competitive acquisition program for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). Sec. 408. Recognition of attending physician assistants as attending physicians to serve hospice patients. Sec. 409. Remote patient monitoring pilot projects. Sec. 410. Community-Based Institutional Special Needs Plan Demonstration Program. Sec. 411. Applying CMMI waiver authority to PACE in order to foster innovations. Sec. 412. Improve and modernize Medicaid data systems and reporting. Sec. 413. Fairness in Medicaid supplemental needs trusts. Sec. 414. Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians. Sec. 415. Demonstration program to improve community mental health services. Sec. 416. Annual Medicaid DSH report. Sec. 417. Implementation. I Medicare Payment for Physicians' Services 101. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services (a) Stabilizing fee updates (1) Repeal of SGR payment methodology Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (A) in subsection (d)— (i) in paragraph (1)(A), by inserting or a subsequent paragraph paragraph (4) (ii) in paragraph (4)— (I) in the heading, by inserting and ending with 2013 years beginning with 2001 (II) in subparagraph (A), by inserting and ending with 2013 a year beginning with 2001 (B) in subsection (f)— (i) in paragraph (1)(B), by inserting through 2013 of each succeeding year (ii) in paragraph (2), in the matter preceding subparagraph (A), by inserting and ending with 2013 beginning with 2000 (2) Update of rates for April through December of 2014, 2015, and subsequent years Subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (15) Update for 2014 through 2018 The update to the single conversion factor established in paragraph (1)(C) for 2014 and each subsequent year through 2018 shall be 0.5 percent. (16) Update for 2019 through 2023 The update to the single conversion factor established in paragraph (1)(C) for 2019 and each subsequent year through 2023 shall be zero percent. (17) Update for 2024 and subsequent years The update to the single conversion factor established in paragraph (1)(C) for 2024 and each subsequent year shall be— (A) for items and services furnished by a qualifying APM participant (as defined in section 1833(z)(2)) for such year, 1.0 percent; and (B) for other items and services, 0.5 percent. . (3) MedPAC reports (A) Initial report Not later than July 1, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship between— (i) physician and other health professional utilization and expenditures (and the rate of increase of such utilization and expenditures) of items and services for which payment is made under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (ii) total utilization and expenditures (and the rate of increase of such utilization and expenditures) under parts A, B, and D of title XVIII of such Act. Such report shall include a methodology to describe such relationship and the impact of changes in such physician and other health professional practice and service ordering patterns on total utilization and expenditures under parts A, B, and D of such title. (B) Final report Not later than July 1, 2020, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship described in subparagraph (A), including the results determined from applying the methodology included in the report submitted under such subparagraph. (C) Report on update to physicians’ services under Medicare Not later than July 1, 2018, the Medicare Payment Advisory Commission shall submit to Congress a report on— (i) the payment update for professional services applied under the Medicare program under title XVIII of the Social Security Act for the period of years 2014 through 2018; (ii) the effect of such update on the efficiency, economy, and quality of care provided under such program; (iii) the effect of such update on ensuring a sufficient number of providers to maintain access to care by Medicare beneficiaries; and (iv) recommendations for any future payment updates for professional services under such program to ensure adequate access to care is maintained for Medicare beneficiaries. (b) Consolidation of certain current law performance programs with new merit-Based Incentive Payment System (1) EHR meaningful use incentive program (A) Sunsetting separate meaningful use payment adjustments Section 1848(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(A) (i) in clause (i), by striking 2015 or any subsequent payment year 2015, 2016, or 2017 (ii) in clause (ii)— (I) in the matter preceding subclause (I), by striking Subject to clause (iii), for For (II) in subclause (III), by striking and each subsequent year (iii) by striking clause (iii). (B) Continuation of meaningful use determinations for MIPS Section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) (i) in subparagraph (A), in the matter preceding clause (i)— (I) by striking For purposes of paragraph (1), an An (II) by inserting , or pursuant to subparagraph (D) for purposes of subsection (q), for a performance period under such subsection for a year under such subsection for a year (ii) by adding at the end the following new subparagraph: (D) Continued application for purposes of MIPS With respect to 2018 and each subsequent payment year, the Secretary shall, for purposes of subsection (q) and in accordance with paragraph (1)(F) of such subsection, determine whether an eligible professional who is a MIPS eligible professional (as defined in subsection (q)(1)(C)) for such year is a meaningful EHR user under this paragraph for the performance period under subsection (q) for such year. . (2) Quality reporting (A) Sunsetting separate quality reporting incentives Section 1848(a)(8)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(8)(A) (i) in clause (i), by striking 2015 or any subsequent year 2015, 2016, or 2017 (ii) in clause (ii)(II), by striking and each subsequent year and 2017 (B) Continuation of quality measures and processes for MIPS Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (i) in subsection (k), by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the provisions of this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. ; and (ii) in subsection (m)— (I) by redesignating paragraph (7) added by section 10327(a) of Public Law 111–148 (II) by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the processes under this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. . (3) Value-based payments (A) Sunsetting separate value-based payments Clause (iii) of section 1848(p)(4)(B) of the Social Security Act ( 42 U.S.C. 1395w–4(p)(4)(B) (iii) Application The Secretary shall apply the payment modifier established under this subsection for items and services furnished on or after January 1, 2015, but before January 1, 2018, with respect to specific physicians and groups of physicians the Secretary determines appropriate. Such payment modifier shall not be applied for items and services furnished on or after January 1, 2018. . (B) Continuation of value-based payment modifier measures for MIPS Section 1848(p) of the Social Security Act ( 42 U.S.C. 1395w–4(p) (i) in paragraph (2), by adding at the end the following new subparagraph: (C) Continued application for purposes of MIPS The Secretary shall, in accordance with subsection (q)(1)(F), carry out subparagraph (B) for purposes of subsection (q). ; and (ii) in paragraph (3), by adding at the end the following: With respect to 2018 and each subsequent year, the Secretary shall, in accordance with subsection (q)(1)(F), carry out this paragraph for purposes of subsection (q). (c) Merit-Based Incentive Payment System (1) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (q) Merit-Based Incentive Payment System (1) Establishment (A) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish an eligible professional Merit-based Incentive Payment System (in this subsection referred to as the MIPS (i) develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) for a performance period (as established under paragraph (4)) for a year; (ii) using such methodology, provide for a composite performance score in accordance with paragraph (5) for each such professional for each performance period; and (iii) use such composite performance score of the MIPS eligible professional for a performance period for a year to determine and apply a MIPS adjustment factor (and, as applicable, an additional MIPS adjustment factor) under paragraph (6) to the professional for the year. (B) Program implementation The MIPS shall apply to payments for items and services furnished on or after January 1, 2018. (C) MIPS eligible professional defined (i) In general For purposes of this subsection, subject to clauses (ii) and (iv), the term MIPS eligible professional (I) for the first and second years for which the MIPS applies to payments (and for the performance period for such first and second year), a physician (as defined in section 1861(r)), a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)) and a group that includes such professionals; and (II) for the third year for which the MIPS applies to payments (and for the performance period for such third year) and for each succeeding year (and for the performance period for each such year), the professionals described in subclause (I) and such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary and a group that includes such professionals. (ii) Exclusions For purposes of clause (i), the term MIPS eligible professional (I) is a qualifying APM participant (as defined in section 1833(z)(2)); (II) subject to clause (vii), is a partial qualifying APM participant (as defined in clause (iii)) for the most recent period for which data are available and who, for the performance period with respect to such year, does not report on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS; or (III) for the performance period with respect to such year, does not exceed the low-volume threshold measurement selected under clause (iv). (iii) Partial qualifying APM participant For purposes of this subparagraph, the term partial qualifying APM participant (I) with respect to 2018 and 2019, the reference in subparagraph (A) of such paragraph to 25 percent was instead a reference to 20 percent; (II) with respect to 2020 and 2021— (aa) the reference in subparagraph (B)(i) of such paragraph to 50 percent was instead a reference to 40 percent; and (bb) the references in subparagraph (B)(ii) of such paragraph to 50 percent and 25 percent of such paragraph were instead references to 40 percent and 20 percent, respectively; and (III) with respect to 2022 and subsequent years— (aa) the reference in subparagraph (C)(i) of such paragraph to 75 percent was instead a reference to 50 percent; and (bb) the references in subparagraph (C)(ii) of such paragraph to 75 percent and 25 percent of such paragraph were instead references to 50 percent and 20 percent, respectively. (iv) Selection of low-volume threshold measurement The Secretary shall select a low-volume threshold to apply for purposes of clause (ii)(III), which may include one or more or a combination of the following: (I) The minimum number (as determined by the Secretary) of individuals enrolled under this part who are treated by the eligible professional for the performance period involved. (II) The minimum number (as determined by the Secretary) of items and services furnished to individuals enrolled under this part by such professional for such performance period. (III) The minimum amount (as determined by the Secretary) of allowed charges billed by such professional under this part for such performance period. (v) Treatment of new Medicare enrolled eligible professionals In the case of a professional who first becomes a Medicare enrolled eligible professional during the performance period for a year (and had not previously submitted claims under this title such as a person, an entity, or a part of a physician group or under a different billing number or tax identifier), such professional shall not be treated under this subsection as a MIPS eligible professional until the subsequent year and performance period for such subsequent year. (vi) Clarification In the case of items and services furnished during a year by an individual who is not a MIPS eligible professional (including pursuant to clauses (ii) and (v)) with respect to a year, in no case shall a MIPS adjustment factor (or additional MIPS adjustment factor) under paragraph (6) apply to such individual for such year. (vii) Partial qualifying APM participant clarifications (I) Treatment as MIPS eligible professional In the case of an eligible professional who is a partial qualifying APM participant, with respect to a year, and who for the performance period for such year reports on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS, such eligible professional is considered to be a MIPS eligible professional with respect to such year. (II) Not eligible for qualifying APM participant payments In no case shall an eligible professional who is a partial qualifying APM participant, with respect to a year, be considered a qualifying APM participant (as defined in paragraph (2) of section 1833(z)) for such year or be eligible for the additional payment under paragraph (1) of such section for such year. (D) Application to group practices (i) In general Under the MIPS: (I) Quality performance category The Secretary shall establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing performance of such group with respect to the performance category described in clause (i) of paragraph (2)(A). (II) Other performance categories The Secretary may establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing the performance of such group with respect to the performance categories described in clauses (ii) through (iv) of such paragraph. (ii) Ensuring comprehensiveness of group practice assessment The process established under clause (i) shall to the extent practicable reflect the range of items and services furnished by the MIPS eligible professionals in the group practice involved. (iii) Clarification MIPS eligible professionals electing to be a virtual group under paragraph (5)(I) shall not be considered MIPS eligible professionals in a group practice for purposes of applying this subparagraph. (E) Use of registries Under the MIPS, the Secretary shall encourage the use of qualified clinical data registries pursuant to subsection (m)(3)(E) in carrying out this subsection. (F) Application of certain provisions In applying a provision of subsection (k), (m), (o), or (p) for purposes of this subsection, the Secretary shall— (i) adjust the application of such provision to ensure the provision is consistent with the provisions of this subsection; and (ii) not apply such provision to the extent that the provision is duplicative with a provision of this subsection. (G) Accounting for risk factors (i) Risk factors Taking into account the relevant studies conducted and recommendations made in reports under section 101(f)(1) of the Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (ii) Accounting for other factors in payment adjustments Taking into account the studies conducted and recommendations made in reports under section 101(f)(1) of the Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (2) Measures and activities under performance categories (A) Performance categories Under the MIPS, the Secretary shall use the following performance categories (each of which is referred to in this subsection as a performance category) in determining the composite performance score under paragraph (5): (i) Quality. (ii) Resource use. (iii) Clinical practice improvement activities. (iv) Meaningful use of certified EHR technology. (B) Measures and activities specified for each category For purposes of paragraph (3)(A) and subject to subparagraph (C), measures and activities specified for a performance period (as established under paragraph (4)) for a year are as follows: (i) Quality For the performance category described in subparagraph (A)(i), the quality measures included in the final measures list published under subparagraph (D)(i) for such year and the list of quality measures described in subparagraph (D)(vi) used by qualified clinical data registries under subsection (m)(3)(E). (ii) Resource use For the performance category described in subparagraph (A)(ii), the measurement of resource use for such period under subsection (p)(3), using the methodology under subsection (r) as appropriate, and, as feasible and applicable, accounting for the cost of drugs under part D. (iii) Clinical practice improvement activities For the performance category described in subparagraph (A)(iii), clinical practice improvement activities (as defined in subparagraph (C)(v)(III)) under subcategories specified by the Secretary for such period, which shall include at least the following: (I) The subcategory of expanded practice access, which shall include activities such as same day appointments for urgent needs and after hours access to clinician advice. (II) The subcategory of population management, which shall include activities such as monitoring health conditions of individuals to provide timely health care interventions or participation in a qualified clinical data registry. (III) The subcategory of care coordination, which shall include activities such as timely communication of test results, timely exchange of clinical information to patients and other providers, and use of remote monitoring or telehealth. (IV) The subcategory of beneficiary engagement, which shall include activities such as the establishment of care plans for individuals with complex care needs, beneficiary self-management assessment and training, and using shared decision-making mechanisms. (V) The subcategory of patient safety and practice assessment, such as through use of clinical or surgical checklists and practice assessments related to maintaining certification. (VI) The subcategory of participation in an alternative payment model (as defined in section 1833(z)(3)(C)). In establishing activities under this clause, the Secretary shall give consideration to the circumstances of small practices (consisting of 15 or fewer professionals) and practices located in rural areas and in health professional shortage areas (as designated under section 332(a)(1)(A) of the Public Health Service Act). (iv) Meaningful EHR use For the performance category described in subparagraph (A)(iv), the requirements established for such period under subsection (o)(2) for determining whether an eligible professional is a meaningful EHR user. (C) Additional provisions (i) Emphasizing outcome measures under the quality performance category In applying subparagraph (B)(i), the Secretary shall, as feasible, emphasize the application of outcome measures. (ii) Application of additional system measures The Secretary may use measures used for a payment system other than for physicians, such as measures for inpatient hospitals, for purposes of the performance categories described in clauses (i) and (ii) of subparagraph (A). For purposes of the previous sentence, the Secretary may not use measures for hospital outpatient departments, except in the case of emergency physicians. (iii) Global and population-based measures The Secretary may use global measures, such as global outcome measures, and population-based measures for purposes of the performance category described in subparagraph (A)(i). (iv) Application of measures and activities to non-patient-facing professionals In carrying out this paragraph, with respect to measures and activities specified in subparagraph (B) for performance categories described in subparagraph (A), the Secretary— (I) shall give consideration to the circumstances of professional types (or subcategories of those types determined by practice characteristics) who typically furnish services that do not involve face-to-face interaction with a patient; and (II) may, to the extent feasible and appropriate, take into account such circumstances and apply under this subsection with respect to MIPS eligible professionals of such professional types or subcategories, alternative measures or activities that fulfill the goals of the applicable performance category. In carrying out the previous sentence, the Secretary shall consult with professionals of such professional types or subcategories. (v) Clinical practice improvement activities (I) Request for information In initially applying subparagraph (B)(iii), the Secretary shall use a request for information to solicit recommendations from stakeholders to identify activities described in such subparagraph and specifying criteria for such activities. (II) Contract authority for clinical practice improvement activities performance category In applying subparagraph (B)(iii), the Secretary may contract with entities to assist the Secretary in— (aa) identifying activities described in subparagraph (B)(iii); (bb) specifying criteria for such activities; and (cc) determining whether a MIPS eligible professional meets such criteria. (III) Clinical practice improvement activities defined For purposes of this subsection, the term clinical practice improvement activity (D) Annual list of quality measures available for MIPS assessment (i) In general Under the MIPS, the Secretary, through notice and comment rulemaking and subject to the succeeding clauses of this subparagraph, shall, with respect to the performance period for a year, establish an annual final list of quality measures from which MIPS eligible professionals may choose for purposes of assessment under this subsection for such performance period. Pursuant to the previous sentence, the Secretary shall— (I) not later than November 1 of the year prior to the first day of the first performance period under the MIPS, establish and publish in the Federal Register a final list of quality measures; and (II) not later than November 1 of the year prior to the first day of each subsequent performance period, update the final list of quality measures from the previous year (and publish such updated final list in the Federal Register), by— (aa) removing from such list, as appropriate, quality measures, which may include the removal of measures that are no longer meaningful (such as measures that are topped out); (bb) adding to such list, as appropriate, new quality measures; and (cc) determining whether or not quality measures on such list that have undergone substantive changes should be included in the updated list. (ii) Call for quality measures (I) In general Eligible professional organizations and other relevant stakeholders shall be requested to identify and submit quality measures to be considered for selection under this subparagraph in the annual list of quality measures published under clause (i) and to identify and submit updates to the measures on such list. For purposes of the previous sentence, measures may be submitted regardless of whether such measures were previously published in a proposed rule or endorsed by an entity with a contract under section 1890(a). (II) Eligible professional organization defined In this subparagraph, the term eligible professional organization (iii) Requirements In selecting quality measures for inclusion in the annual final list under clause (i), the Secretary shall— (I) provide that, to the extent practicable, all quality domains (as defined in subsection (s)(1)(B)) are addressed by such measures; and (II) ensure that such selection is consistent with the process for selection of measures under subsections (k), (m), and (p)(2). (iv) Peer review Before including a new measure or a measure described in clause (i)(II)(cc) in the final list of measures published under clause (i) for a year, the Secretary shall submit for publication in applicable specialty-appropriate peer-reviewed journals such measure and the method for developing and selecting such measure, including clinical and other data supporting such measure. (v) Measures for inclusion The final list of quality measures published under clause (i) shall include, as applicable, measures under subsections (k), (m), and (p)(2), including quality measures from among— (I) measures endorsed by a consensus-based entity; (II) measures developed under subsection (s); and (III) measures submitted under clause (ii)(I). Any measure selected for inclusion in such list that is not endorsed by a consensus-based entity shall have a focus that is evidence-based. (vi) Exception for qualified clinical data registry measures Measures used by a qualified clinical data registry under subsection (m)(3)(E) shall not be subject to the requirements under clauses (i), (iv), and (v). The Secretary shall publish the list of measures used by such qualified clinical data registries on the Internet website of the Centers for Medicare & Medicaid Services. (vii) Exception for existing quality measures Any quality measure specified by the Secretary under subsection (k) or (m), including under subsection (m)(3)(E), and any measure of quality of care established under subsection (p)(2) for the reporting period under the respective subsection beginning before the first performance period under the MIPS— (I) shall not be subject to the requirements under clause (i) (except under items (aa) and (cc) of subclause (II) of such clause) or to the requirement under clause (iv); and (II) shall be included in the final list of quality measures published under clause (i) unless removed under clause (i)(II)(aa). (viii) Consultation with relevant eligible professional organizations and other relevant stakeholders Relevant eligible professional organizations and other relevant stakeholders, including State and national medical societies, shall be consulted in carrying out this subparagraph. (ix) Optional application The process under section 1890A is not required to apply to the selection of measures under this subparagraph. (3) Performance standards (A) Establishment Under the MIPS, the Secretary shall establish performance standards with respect to measures and activities specified under paragraph (2)(B) for a performance period (as established under paragraph (4)) for a year. (B) Considerations in establishing standards In establishing such performance standards with respect to measures and activities specified under paragraph (2)(B), the Secretary shall consider the following: (i) Historical performance standards. (ii) Improvement. (iii) The opportunity for continued improvement. (4) Performance period The Secretary shall establish a performance period (or periods) for a year (beginning with the year described in paragraph (1)(B)). Such performance period (or periods) shall begin and end prior to the beginning of such year and be as close as possible to such year. In this subsection, such performance period (or periods) for a year shall be referred to as the performance period for the year. (5) Composite performance score (A) In general Subject to the succeeding provisions of this paragraph and taking into account, as available and applicable, paragraph (1)(G), the Secretary shall develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) with respect to applicable measures and activities specified in paragraph (2)(B) with respect to each performance category applicable to such professional for a performance period (as established under paragraph (4)) for a year. Using such methodology, the Secretary shall provide for a composite assessment (using a scoring scale of 0 to 100) for each such professional for the performance period for such year. In this subsection such a composite assessment for such a professional with respect to a performance period shall be referred to as the composite performance score (B) Incentive to report; encouraging use of certified EHR technology for reporting quality measures (i) Incentive to report Under the methodology established under subparagraph (A), the Secretary shall provide that in the case of a MIPS eligible professional who fails to report on an applicable measure or activity that is required to be reported by the professional, the professional shall be treated as achieving the lowest potential score applicable to such measure or activity. (ii) Encouraging use of certified EHR technology and qualified clinical data registries for reporting quality measures Under the methodology established under subparagraph (A), the Secretary shall— (I) encourage MIPS eligible professionals to report on applicable measures with respect to the performance category described in paragraph (2)(A)(i) through the use of certified EHR technology and qualified clinical data registries; and (II) with respect to a performance period, with respect to a year, for which a MIPS eligible professional reports such measures through the use of such EHR technology, treat such professional as satisfying the clinical quality measures reporting requirement described in subsection (o)(2)(A)(iii) for such year. (C) Clinical practice improvement activities performance score (i) Rule for accreditation A MIPS eligible professional who is in a practice that is certified as a patient-centered medical home or comparable specialty practice pursuant to subsection (b)(8)(B)(i) with respect to a performance period shall be given the highest potential score for the performance category described in paragraph (2)(A)(iii) for such period. (ii) APM participation Participation by a MIPS eligible professional in an alternative payment model (as defined in section 1833(z)(3)(C)) with respect to a performance period shall earn such eligible professional a minimum score of one-half of the highest potential score for the performance category described in paragraph (2)(A)(iii) for such performance period. (iii) Subcategories A MIPS eligible professional shall not be required to perform activities in each subcategory under paragraph (2)(B)(iii) or participate in an alternative payment model in order to achieve the highest potential score for the performance category described in paragraph (2)(A)(iii). (D) Achievement and improvement (i) Taking into account improvement Beginning with the second year to which the MIPS applies, in addition to the achievement of a MIPS eligible professional, if data sufficient to measure improvement is available, the methodology developed under subparagraph (A)— (I) in the case of the performance score for the performance category described in clauses (i) and (ii) of paragraph (2)(A), shall take into account the improvement of the professional; and (II) in the case of performance scores for other performance categories, may take into account the improvement of the professional. (ii) Assigning higher weight for achievement Beginning with the fourth year to which the MIPS applies, under the methodology developed under subparagraph (A), the Secretary may assign a higher scoring weight under subparagraph (F) with respect to the achievement of a MIPS eligible professional than with respect to any improvement of such professional applied under clause (i) with respect to a measure, activity, or category described in paragraph (2). (E) Weights for the performance categories (i) In general Under the methodology developed under subparagraph (A), subject to subparagraph (F)(i) and clauses (ii) and (iii), the composite performance score shall be determined as follows: (I) Quality (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (i) of paragraph (2)(A). In applying the previous sentence, the Secretary shall, as feasible, encourage the application of outcome measures within such category. (bb) First 2 years For the first and second years for which the MIPS applies to payments, the percentage applicable under item (aa) shall be increased in a manner such that the total percentage points of the increase under this item for the respective year equals the total number of percentage points by which the percentage applied under subclause (II)(bb) for the respective year is less than 30 percent. (II) Resource use (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (bb) First 2 years For the first year for which the MIPS applies to payments, not more than 10 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). For the second year for which the MIPS applies to payments, not more than 15 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (III) Clinical practice improvement activities Fifteen percent of such score shall be based on performance with respect to the category described in clause (iii) of paragraph (2)(A). (IV) Meaningful use of certified EHR technology Twenty-five percent of such score shall be based on performance with respect to the category described in clause (iv) of paragraph (2)(A). (ii) Authority to adjust percentages in case of high EHR meaningful use adoption In any year in which the Secretary estimates that the proportion of eligible professionals (as defined in subsection (o)(5)) who are meaningful EHR users (as determined under subsection (o)(2)) is 75 percent or greater, the Secretary may reduce the percent applicable under clause (i)(IV), but not below 15 percent. If the Secretary makes such reduction for a year, subject to subclauses (I)(bb) and (II)(bb) of clause (i), the percentages applicable under one or more of subclauses (I), (II), and (III) of clause (i) for such year shall be increased in a manner such that the total percentage points of the increase under this clause for such year equals the total number of percentage points reduced under the preceding sentence for such year. (F) Certain flexibility for weighting performance categories, measures, and activities Under the methodology under subparagraph (A), if there are not sufficient measures and clinical practice improvement activities applicable and available to each type of eligible professional involved, the Secretary shall assign different scoring weights (including a weight of 0)— (i) which may vary from the scoring weights specified in subparagraph (E), for each performance category based on the extent to which the category is applicable to the type of eligible professional involved; and (ii) for each measure and activity specified under paragraph (2)(B) with respect to each such category based on the extent to which the measure or activity is applicable and available to the type of eligible professional involved. (G) Resource use Analysis of the performance category described in paragraph (2)(A)(ii) shall include results from the methodology described in subsection (r)(5), as appropriate. (H) Inclusion of quality measure data from other payers In applying subsections (k), (m), and (p) with respect to measures described in paragraph (2)(B)(i), analysis of the performance category described in paragraph (2)(A)(i) may include data submitted by MIPS eligible professionals with respect to items and services furnished to individuals who are not individuals entitled to benefits under part A or enrolled under part B. (I) Use of voluntary virtual groups for certain assessment purposes (i) In general In the case of MIPS eligible professionals electing to be a virtual group under clause (ii) with respect to a performance period for a year, for purposes of applying the methodology under subparagraph (A)— (I) the assessment of performance provided under such methodology with respect to the performance categories described in clauses (i) and (ii) of paragraph (2)(A) that is to be applied to each such professional in such group for such performance period shall be with respect to the combined performance of all such professionals in such group for such period; and (II) the composite score provided under this paragraph for such performance period with respect to each such performance category for each such MIPS eligible professional in such virtual group shall be based on the assessment of the combined performance under subclause (I) for the performance category and performance period. (ii) Election of practices to be a virtual group The Secretary shall, in accordance with clause (iii), establish and have in place a process to allow an individual MIPS eligible professional or a group practice consisting of not more than 10 MIPS eligible professionals to elect, with respect to a performance period for a year, for such individual MIPS eligible professional or all such MIPS eligible professionals in such group practice, respectively, to be a virtual group under this subparagraph with at least one other such individual MIPS eligible professional or group practice making such an election. Such a virtual group may be based on geographic areas or on provider specialties defined by nationally recognized multispecialty boards of certification or equivalent certification boards and such other eligible professional groupings in order to capture classifications of providers across eligible professional organizations and other practice areas or categories. (iii) Requirements The process under clause (ii)— (I) shall provide that an election under such clause, with respect to a performance period, shall be made before or during the beginning of such performance period and may not be changed during such performance period; (II) shall provide that a practice described in such clause, and each MIPS eligible professional in such practice, may elect to be in no more than one virtual group for a performance period; and (III) may provide that a virtual group may be combined at the tax identification number level. (6) MIPS payments (A) MIPS adjustment factor Taking into account paragraph (1)(G), the Secretary shall specify a MIPS adjustment factor for each MIPS eligible professional for a year. Such MIPS adjustment factor for a MIPS eligible professional for a year shall be in the form of a percent and shall be determined— (i) by comparing the composite performance score of the eligible professional for such year to the performance threshold established under subparagraph (D)(i) for such year; (ii) in a manner such that the adjustment factors specified under this subparagraph for a year result in differential payments under this paragraph reflecting that— (I) MIPS eligible professionals with composite performance scores for such year at or above such performance threshold for such year receive zero or positive incentive payment adjustment factors for such year in accordance with clause (iii), with such professionals having higher composite performance scores receiving higher adjustment factors; and (II) MIPS eligible professionals with composite performance scores for such year below such performance threshold for such year receive negative payment adjustment factors for such year in accordance with clause (iv), with such professionals having lower composite performance scores receiving lower adjustment factors; (iii) in a manner such that MIPS eligible professionals with composite scores described in clause (ii)(I) for such year, subject to clauses (i) and (ii) of subparagraph (F), receive a zero or positive adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the applicable percent specified in subparagraph (B) is assigned for a score of 100; and (iv) in a manner such that— (I) subject to subclause (II), MIPS eligible professionals with composite performance scores described in clause (ii)(II) for such year receive a negative payment adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the negative of the applicable percent specified in subparagraph (B) is assigned for a score of 0; and (II) MIPS eligible professionals with composite performance scores that are equal to or greater than 0, but not greater than 1/4 (B) Applicable percent defined For purposes of this paragraph, the term applicable percent (i) for 2018, 4 percent; (ii) for 2019, 5 percent; (iii) for 2020, 7 percent; and (iv) for 2021 and subsequent years, 9 percent. (C) Additional MIPS adjustment factors for exceptional performance (i) In general In the case of a MIPS eligible professional with a composite performance score for a year at or above the additional performance threshold under subparagraph (D)(ii) for such year, in addition to the MIPS adjustment factor under subparagraph (A) for the eligible professional for such year, subject to the availability of funds under clause (ii), the Secretary shall specify an additional positive MIPS adjustment factor for such professional and year. Such additional MIPS adjustment factors shall be determined by the Secretary in a manner such that professionals having higher composite performance scores above the additional performance threshold receive higher additional MIPS adjustment factors. (ii) Additional funding pool For 2018 and each subsequent year through 2023, there is appropriated from the Federal Supplementary Medical Insurance Trust Fund $500,000,000 for MIPS payments under this paragraph resulting from the application of the additional MIPS adjustment factors under clause (i). (D) Establishment of performance thresholds (i) Performance threshold For each year of the MIPS, the Secretary shall compute a performance threshold with respect to which the composite performance score of MIPS eligible professionals shall be compared for purposes of determining adjustment factors under subparagraph (A) that are positive, negative, and zero. Such performance threshold for a year shall be the mean or median (as selected by the Secretary) of the composite performance scores for all MIPS eligible professionals with respect to a prior period specified by the Secretary. The Secretary may reassess the selection under the previous sentence every 3 years. (ii) Additional performance threshold for exceptional performance In addition to the performance threshold under clause (i), for each year of the MIPS, the Secretary shall compute an additional performance threshold for purposes of determining the additional MIPS adjustment factors under subparagraph (C)(i). For each such year, the Secretary shall apply either of the following methods for computing such additional performance threshold for such a year: (I) The threshold shall be the score that is equal to the 25th percentile of the range of possible composite performance scores above the performance threshold with respect to the prior period described in clause (i). (II) The threshold shall be the score that is equal to the 25th percentile of the actual composite performance scores for MIPS eligible professionals with composite performance scores at or above the performance threshold with respect to the prior period described in clause (i). (iii) Special rule for initial 2 years With respect to each of the first two years to which the MIPS applies, the Secretary shall, prior to the performance period for such years, establish a performance threshold for purposes of determining MIPS adjustment factors under subparagraph (A) and a threshold for purposes of determining additional MIPS adjustment factors under subparagraph (C)(i). Each such performance threshold shall— (I) be based on a period prior to such performance periods; and (II) take into account— (aa) data available with respect to performance on measures and activities that may be used under the performance categories under subparagraph (2)(B); and (bb) other factors determined appropriate by the Secretary. (E) Application of MIPS adjustment factors In the case of items and services furnished by a MIPS eligible professional during a year (beginning with 2018), the amount otherwise paid under this part with respect to such items and services and MIPS eligible professional for such year, shall be multiplied by— (i) 1, plus (ii) the sum of— (I) the MIPS adjustment factor determined under subparagraph (A) divided by 100, and (II) as applicable, the additional MIPS adjustment factor determined under subparagraph (C)(i) divided by 100. (F) Aggregate application of MIPS adjustment factors (i) Application of scaling factor (I) In general With respect to positive MIPS adjustment factors under subparagraph (A)(ii)(I) for eligible professionals whose composite performance score is above the performance threshold under subparagraph (D)(i) for such year, subject to subclause (II), the Secretary shall increase or decrease such adjustment factors by a scaling factor in order to ensure that the budget neutrality requirement of clause (ii) is met. (II) Scaling factor limit In no case may be the scaling factor applied under this clause exceed 3.0. (ii) Budget neutrality requirement (I) In general Subject to clause (iii), the Secretary shall ensure that the estimated amount described in subclause (II) for a year is equal to the estimated amount described in subclause (III) for such year. (II) Aggregate increases The amount described in this subclause is the estimated increase in the aggregate allowed charges resulting from the application of positive MIPS adjustment factors under subparagraph (A) (after application of the scaling factor described in clause (i)) to MIPS eligible professionals whose composite performance score for a year is above the performance threshold under subparagraph (D)(i) for such year. (III) Aggregate decreases The amount described in this subclause is the estimated decrease in the aggregate allowed charges resulting from the application of negative MIPS adjustment factors under subparagraph (A) to MIPS eligible professionals whose composite performance score for a year is below the performance threshold under subparagraph (D)(i) for such year. (iii) Exceptions (I) In the case that all MIPS eligible professionals receive composite performance scores for a year that are below the performance threshold under subparagraph (D)(i) for such year, the negative MIPS adjustment factors under subparagraph (A) shall apply with respect to such MIPS eligible professionals and the budget neutrality requirement of clause (ii) shall not apply for such year. (II) In the case that, with respect to a year, the application of clause (i) results in a scaling factor equal to the maximum scaling factor specified in clause (i)(II), such scaling factor shall apply and the budget neutrality requirement of clause (ii) shall not apply for such year. (iv) Additional incentive payment adjustments In specifying the MIPS additional adjustment factors under subparagraph (C)(i) for each applicable MIPS eligible professional for a year, the Secretary shall ensure that the estimated increase in payments under this part resulting from the application of such additional adjustment factors for MIPS eligible professionals in a year shall be equal (as estimated by the Secretary) to the additional funding pool amount for such year under subparagraph (C)(ii). (7) Announcement of result of adjustments Under the MIPS, the Secretary shall, not later than 30 days prior to January 1 of the year involved, make available to MIPS eligible professionals the MIPS adjustment factor (and, as applicable, the additional MIPS adjustment factor) under paragraph (6) applicable to the eligible professional for items and services furnished by the professional for such year. The Secretary may include such information in the confidential feedback under paragraph (12). (8) No effect in subsequent years The MIPS adjustment factors and additional MIPS adjustment factors under paragraph (6) shall apply only with respect to the year involved, and the Secretary shall not take into account such adjustment factors in making payments to a MIPS eligible professional under this part in a subsequent year. (9) Public reporting (A) In general The Secretary shall, in an easily understandable format, make available on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services the following: (i) Information regarding the performance of MIPS eligible professionals under the MIPS, which— (I) shall include the composite score for each such MIPS eligible professional and the performance of each such MIPS eligible professional with respect to each performance category; and (II) may include the performance of each such MIPS eligible professional with respect to each measure or activity specified in paragraph (2)(B). (ii) The names of eligible professionals in eligible alternative payment models (as defined in section 1833(z)(3)(D)) and, to the extent feasible, the names of such eligible alternative payment models and performance of such models. (B) Disclosure The information made available under this paragraph shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (C) Opportunity to review and submit corrections The Secretary shall provide for an opportunity for a professional described in subparagraph (A) to review, and submit corrections for, the information to be made public with respect to the professional under such subparagraph prior to such information being made public. (D) Aggregate information The Secretary shall periodically post on the Physician Compare Internet website aggregate information on the MIPS, including the range of composite scores for all MIPS eligible professionals and the range of the performance of all MIPS eligible professionals with respect to each performance category. (10) Consultation The Secretary shall consult with stakeholders in carrying out the MIPS, including for the identification of measures and activities under paragraph (2)(B) and the methodologies developed under paragraphs (5)(A) and (6) and regarding the use of qualified clinical data registries. Such consultation shall include the use of a request for information or other mechanisms determined appropriate. (11) Technical assistance to small practices and practices in health professional shortage areas (A) In general The Secretary shall enter into contracts or agreements with appropriate entities (such as quality improvement organizations, regional extension centers (as described in section 3012(c) of the Public Health Service Act), or regional health collaboratives) to offer guidance and assistance to MIPS eligible professionals in practices of 15 or fewer professionals (with priority given to such practices located in rural areas, health professional shortage areas (as designated under in section 332(a)(1)(A) of such Act), and medically underserved areas, and practices with low composite scores) with respect to— (i) the performance categories described in clauses (i) through (iv) of paragraph (2)(A); or (ii) how to transition to the implementation of and participation in an alternative payment model as described in section 1833(z)(3)(C). (B) Funding for implementation (i) In general For purposes of implementing subparagraph (A), the Secretary shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 to the Centers for Medicare & Medicaid Services Program Management Account of $40,000,000 for each of fiscal years 2015 through 2019. Amounts transferred under this subparagraph for a fiscal year shall be available until expended. (ii) Technical assistance Of the amounts transferred pursuant to clause (i) for each of fiscal years 2015 through 2019, not less than $10,000,000 shall be made available for each such year for technical assistance to small practices in health professional shortage areas (as so designated) and medically underserved areas. (12) Feedback and information to improve performance (A) Performance feedback (i) In general Beginning July 1, 2016, the Secretary— (I) shall make available timely (such as quarterly) confidential feedback to MIPS eligible professionals on the performance of such professionals with respect to the performance categories under clauses (i) and (ii) of paragraph (2)(A); and (II) may make available confidential feedback to each such professional on the performance of such professional with respect to the performance categories under clauses (iii) and (iv) of such paragraph. (ii) Mechanisms The Secretary may use one or more mechanisms to make feedback available under clause (i), which may include use of a web-based portal or other mechanisms determined appropriate by the Secretary. With respect to the performance category described in paragraph (2)(A)(i), feedback under this subparagraph shall, to the extent an eligible professional chooses to participate in a data registry for purposes of this subsection (including registries under subsections (k) and (m)), be provided based on performance on quality measures reported through the use of such registries. With respect to any other performance category described in paragraph (2)(A), the Secretary shall encourage provision of feedback through qualified clinical data registries as described in subsection (m)(3)(E)). (iii) Use of data For purposes of clause (i), the Secretary may use data, with respect to a MIPS eligible professional, from periods prior to the current performance period and may use rolling periods in order to make illustrative calculations about the performance of such professional. (iv) Disclosure exemption Feedback made available under this subparagraph shall be exempt from disclosure under section 552 of title 5, United States Code. (v) Receipt of information The Secretary may use the mechanisms established under clause (ii) to receive information from professionals, such as information with respect to this subsection. (B) Additional information (i) In general Beginning July 1, 2017, the Secretary shall make available to each MIPS eligible professional information, with respect to individuals who are patients of such MIPS eligible professional, about items and services for which payment is made under this title that are furnished to such individuals by other suppliers and providers of services, which may include information described in clause (ii). Such information may be made available under the previous sentence to such MIPS eligible professionals by mechanisms determined appropriate by the Secretary, which may include use of a web-based portal. Such information may be made available in accordance with the same or similar terms as data are made available to accountable care organizations participating in the shared savings program under section 1899, including a beneficiary opt-out. (ii) Type of information For purposes of clause (i), the information described in this clause, is the following: (I) With respect to selected items and services (as determined appropriate by the Secretary) for which payment is made under this title and that are furnished to individuals, who are patients of a MIPS eligible professional, by another supplier or provider of services during the most recent period for which data are available (such as the most recent three-month period), such as the name of such providers furnishing such items and services to such patients during such period, the types of such items and services so furnished, and the dates such items and services were so furnished. (II) Historical data, such as averages and other measures of the distribution if appropriate, of the total, and components of, allowed charges (and other figures as determined appropriate by the Secretary). (13) Review (A) Targeted review The Secretary shall establish a process under which a MIPS eligible professional may seek an informal review of the calculation of the MIPS adjustment factor applicable to such eligible professional under this subsection for a year. The results of a review conducted pursuant to the previous sentence shall not be taken into account for purposes of paragraph (6) with respect to a year (other than with respect to the calculation of such eligible professional’s MIPS adjustment factor for such year or additional MIPS adjustment factor for such year) after the factors determined in subparagraph (A) and subparagraph (C) of such paragraph have been determined for such year. (B) Limitation Except as provided for in subparagraph (A), there shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the following: (i) The methodology used to determine the amount of the MIPS adjustment factor under paragraph (6)(A) and the amount of the additional MIPS adjustment factor under paragraph (6)(C)(i) and the determination of such amounts. (ii) The establishment of the performance standards under paragraph (3) and the performance period under paragraph (4). (iii) The identification of measures and activities specified under paragraph (2)(B) and information made public or posted on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services under paragraph (9). (iv) The methodology developed under paragraph (5) that is used to calculate performance scores and the calculation of such scores, including the weighting of measures and activities under such methodology. . (2) GAO reports (A) Evaluation of eligible professional MIPS Not later than October 1, 2019, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report evaluating the eligible professional Merit-based Incentive Payment System under subsection (q) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (i) examine the distribution of the composite performance scores and MIPS adjustment factors (and additional MIPS adjustment factors) for MIPS eligible professionals (as defined in subsection (q)(1)(c) of such section) under such program, and patterns relating to such scores and adjustment factors, including based on type of provider, practice size, geographic location, and patient mix; (ii) provide recommendations for improving such program; (iii) evaluate the impact of technical assistance funding under section 1848(q)(11) of the Social Security Act, as added by paragraph (1), on the ability of professionals to improve within such program or successfully transition to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)), with priority for such evaluation given to practices located in rural areas, health professional shortage areas (as designated in section 332(a)(1)(a) of the Public Health Service Act), and medically underserved areas; and (iv) provide recommendations for optimizing the use of such technical assistance funds. (B) Study to examine alignment of quality measures used in public and private programs (i) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (I) compares the similarities and differences in the use of quality measures under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act, the Medicare Advantage program under part C of such title, selected State Medicaid programs under title XIX of such Act, and private payer arrangements; and (II) makes recommendations on how to reduce the administrative burden involved in applying such quality measures. (ii) Requirements The report under clause (i) shall— (I) consider those measures applicable to individuals entitled to, or enrolled for, benefits under such part A, or enrolled under such part B and individuals under the age of 65; and (II) focus on those measures that comprise the most significant component of the quality performance category of the eligible professional MIPS incentive program under subsection (q) of section 1848 of the Social Security Act (42 U.S.C. 1395w–4), as added by paragraph (1). (C) Study on role of independent risk managers Not later than January 1, 2016, the Comptroller General of the United States shall submit to Congress a report examining whether entities that pool financial risk for physician practices, such as independent risk managers, can play a role in supporting physician practices, particularly small physician practices, in assuming financial risk for the treatment of patients. Such report shall examine barriers that small physician practices currently face in assuming financial risk for treating patients, the types of risk management entities that could assist physician practices in participating in two-sided risk payment models, and how such entities could assist with risk management and with quality improvement activities. Such report shall also include an analysis of any existing legal barriers to such arrangements. (D) Study to examine rural and health professional shortage area alternative payment models Not later than October 1, 2020, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report that examines the transition of professionals in rural areas, health professional shortage areas (as designated in section 332(a)(1)(A) of the Public Health Service Act), or medically underserved areas to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)). Such report shall make recommendations for removing administrative barriers to practices, including small practices consisting of 15 or fewer professionals, in rural areas, health professional shortage areas, and medically underserved areas to participation in such models. (3) Funding for implementation For purposes of implementing the provisions of and the amendments made by this section, the Secretary of Health and Human Services shall provide for the transfer of $80,000,000 from the Supplementary Medical Insurance Trust Fund established under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Program Management Account for each of the fiscal years 2014 through 2018. Amounts transferred under this paragraph shall be available until expended. (d) Improving quality reporting for composite scores (1) Changes for group reporting option (A) In general Section 1848(m)(3)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(C)(ii) and, for 2015 and subsequent years, may provide shall provide (B) Clarification of qualified clinical data registry reporting to group practices Section 1848(m)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(D) and, for 2015 and subsequent years, subparagraph (A) or (C) subparagraph (A) (2) Changes for multiple reporting periods and alternative criteria for satisfactory reporting Section 1848(m)(5)(F) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(5)(F) (A) by striking and subsequent years through reporting periods occurring in 2014 (B) by inserting and, for reporting periods occurring in 2015 and subsequent years, the Secretary may establish shall establish (3) Physician feedback program reports succeeded by reports under MIPS Section 1848(n) of the Social Security Act ( 42 U.S.C. 1395w–4(n) (11) Reports ending with 2016 Reports under the Program shall not be provided after December 31, 2016. See subsection (q)(12) for reports under the eligible professionals Merit-based Incentive Payment System. . (4) Coordination with satisfying meaningful EHR use clinical quality measure reporting requirement Section 1848(o)(2)(A)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(iii) and subsection (q)(5)(B)(ii)(II) Subject to subparagraph (B)(ii) (e) Promoting alternative payment models (1) Increasing transparency of physician focused payment models Section 1868 of the Social Security Act ( 42 U.S.C. 1395ee (c) Physician focused payment models (1) Technical advisory committee (A) Establishment There is established an ad hoc committee to be known as the Payment Model Technical Advisory Committee Committee (B) Membership (i) Number and appointment The Committee shall be composed of 11 members appointed by the Comptroller General of the United States. (ii) Qualifications The membership of the Committee shall include individuals with national recognition for their expertise in payment models and related delivery of care. No more than 5 members of the Committee shall be providers of services or suppliers, or representatives of providers of services or suppliers. (iii) Prohibition on federal employment A member of the Committee shall not be an employee of the Federal Government. (iv) Ethics disclosure The Comptroller General shall establish a system for public disclosure by members of the Committee of financial and other potential conflicts of interest relating to such members. Members of the Committee shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978 ( Public Law 95–521 (v) Date of initial appointments The initial appointments of members of the Committee shall be made by not later than 180 days after the date of enactment of this subsection. (C) Term; vacancies (i) Term The terms of members of the Committee shall be for 3 years except that the Comptroller General shall designate staggered terms for the members first appointed. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Committee shall be filled in the manner in which the original appointment was made. (D) Duties The Committee shall meet, as needed, to provide comments and recommendations to the Secretary, as described in paragraph (2)(C), on physician-focused payment models. (E) Compensation of members (i) In general Except as provided in clause (ii), a member of the Committee shall serve without compensation. (ii) Travel expenses A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (F) Operational and technical support (i) In general The Assistant Secretary for Planning and Evaluation shall provide technical and operational support for the Committee, which may be by use of a contractor. The Office of the Actuary of the Centers for Medicare & Medicaid Services shall provide to the Committee actuarial assistance as needed. (ii) Funding The Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, such amounts as are necessary to carry out clause (i) (not to exceed $5,000,000) for fiscal year 2014 and each subsequent fiscal year. Any amounts transferred under the preceding sentence for a fiscal year shall remain available until expended. (G) Application Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (2) Criteria and process for submission and review of physician-focused payment models (A) Criteria for assessing physician-focused payment models (i) Rulemaking Not later than November 1, 2015, the Secretary shall, through notice and comment rulemaking, following a request for information, establish criteria for physician-focused payment models, including models for specialist physicians, that could be used by the Committee for making comments and recommendations pursuant to paragraph (1)(D). (ii) MedPAC submission of comments During the comment period for the proposed rule described in clause (i), the Medicare Payment Advisory Commission may submit comments to the Secretary on the proposed criteria under such clause. (iii) Updating The Secretary may update the criteria established under this subparagraph through rulemaking. (B) Stakeholder submission of physician focused payment models On an ongoing basis, individuals and stakeholder entities may submit to the Committee proposals for physician-focused payment models that such individuals and entities believe meet the criteria described in subparagraph (A). (C) TAC review of models submitted The Committee shall, on a periodic basis, review models submitted under subparagraph (B), prepare comments and recommendations regarding whether such models meet the criteria described in subparagraph (A), and submit such comments and recommendations to the Secretary. (D) Secretary review and response The Secretary shall review the comments and recommendations submitted by the Committee under subparagraph (C) and post a detailed response to such comments and recommendations on the Internet Website of the Centers for Medicare & Medicaid Services. (3) Rule of construction Nothing in this subsection shall be construed to impact the development or testing of models under this title or titles XI, XIX, or XXI. . (2) Incentive payments for participation in eligible alternative payment models Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (z) Incentive payments for participation in eligible alternative payment models (1) Payment incentive (A) In general In the case of covered professional services furnished by an eligible professional during a year that is in the period beginning with 2018 and ending with 2023 and for which the professional is a qualifying APM participant, in addition to the amount of payment that would otherwise be made for such covered professional services under this part for such year, there also shall be paid to such professional an amount equal to 5 percent of the payment amount for the covered professional services under this part for the preceding year. For purposes of the previous sentence, the payment amount for the preceding year may be an estimation for the full preceding year based on a period of such preceding year that is less than the full year. The Secretary shall establish policies to implement this subparagraph in cases where payment for covered professional services furnished by a qualifying APM participant in an alternative payment model is made to an entity participating in the alternative payment model rather than directly to the qualifying APM participant. (B) Form of payment Payments under this subsection shall be made in a lump sum, on an annual basis, as soon as practicable. (C) Treatment of payment incentive Payments under this subsection shall not be taken into account for purposes of determining actual expenditures under an alternative payment model and for purposes of determining or rebasing any benchmarks used under the alternative payment model. (D) Coordination The amount of the additional payment for an item or service under this subsection or subsection (m) shall be determined without regard to any additional payment for the item or service under subsection (m) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (x) shall be determined without regard to any additional payment for the item or service under subsection (x) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (y) shall be determined without regard to any additional payment for the item or service under subsection (y) and this subsection, respectively. (2) Qualifying APM participant For purposes of this subsection, the term qualifying APM participant (A) 2018 and 2019 With respect to 2018 and 2019, an eligible professional for whom the Secretary determines that at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (B) 2020 and 2021 With respect to 2020 and 2021, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 50 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 50 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (C) Beginning in 2022 With respect to 2022 and each subsequent year, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 75 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 75 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (3) Additional definitions In this subsection: (A) Covered professional services The term covered professional services (B) Eligible professional The term eligible professional (C) Alternative payment model (APM) The term alternative payment model (i) A model under section 1115A (other than a health care innovation award). (ii) The shared savings program under section 1899. (iii) A demonstration under section 1866C. (iv) A demonstration required by Federal law. (D) Eligible alternative payment model (APM) (i) In general The term eligible alternative payment model (I) that requires use of certified EHR technology (as defined in subsection (o)(4)); (II) that provides for payment for covered professional services based on quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i); and (III) that satisfies the requirement described in clause (ii). (ii) Additional requirement For purposes of clause (i)(III), the requirement described in this clause, with respect to a year and an alternative payment model, is that the alternative payment model— (I) is one in which one or more entities bear financial risk for monetary losses under such model that are in excess of a nominal amount; or (II) is a medical home expanded under section 1115A(c). (4) Limitation There shall be no administrative or judicial review under section 1869, 1878, or otherwise, of the following: (A) The determination that an eligible professional is a qualifying APM participant under paragraph (2) and the determination that an alternative payment model is an eligible alternative payment model under paragraph (3)(D). (B) The determination of the amount of the 5 percent payment incentive under paragraph (1)(A), including any estimation as part of such determination. . (3) Coordination conforming amendments Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (A) in subsection (x)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. (B) in subsection (y)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. (4) Encouraging development and testing of certain models Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) (A) in subparagraph (B), by adding at the end the following new clauses: (xxi) Focusing primarily on physicians’ services (as defined in section 1848(j)(3)) furnished by physicians who are not primary care practitioners. (xxii) Focusing on practices of 15 or fewer professionals. (xxiii) Focusing on risk-based models for small physician practices which may involve two-sided risk and prospective patient assignment, and which examine risk-adjusted decreases in mortality rates, hospital readmissions rates, and other relevant and appropriate clinical measures. (xxiv) Focusing primarily on title XIX, working in conjunction with the Center for Medicaid and CHIP Services. ; and (B) in subparagraph (C)(viii), by striking other public sector or private sector payers other public sector payers, private sector payers, or Statewide payment models (5) Construction regarding telehealth services Nothing in the provisions of, or amendments made by, this Act shall be construed as precluding an alternative payment model or a qualifying APM participant (as those terms are defined in section 1833(z) of the Social Security Act, as added by paragraph (1)) from furnishing a telehealth service for which payment is not made under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)). (6) Integrating Medicare Advantage alternative payment models Not later than July 1, 2015, the Secretary of Health and Human Services shall submit to Congress a study that examines the feasibility of integrating alternative payment models in the Medicare Advantage payment system. The study shall include the feasibility of including a value-based modifier and whether such modifier should be budget neutral. (7) Study and report on fraud related to alternative payment models under the Medicare program (A) Study The Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall conduct a study that— (i) examines the applicability of the Federal fraud prevention laws to items and services furnished under title XVIII of the Social Security Act for which payment is made under an alternative payment model (as defined in section 1833(z)(3)(C) of such Act ( 42 U.S.C. 1395l(z)(3)(C) (ii) identifies aspects of such alternative payment models that are vulnerable to fraudulent activity; and (iii) examines the implications of waivers to such laws granted in support of such alternative payment models, including under any potential expansion of such models. (B) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the results of the study conducted under subparagraph (A). Such report shall include recommendations for actions to be taken to reduce the vulnerability of such alternative payment models to fraudulent activity. Such report also shall include, as appropriate, recommendations of the Inspector General for changes in Federal fraud prevention laws to reduce such vulnerability. (f) Improving payment accuracy (1) Studies and reports of effect of certain information on quality and resource use (A) Study using existing Medicare data (i) Study The Secretary of Health and Human Services (in this subsection referred to as the Secretary (ii) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (B) Study using other data (i) Study The Secretary shall conduct a study that examines the impact of risk factors, such as those described in section 1848(p)(3) of the Social Security Act (42 U.S.C. 1395w–4(p)(3)), race, health literacy, limited English proficiency (LEP), and patient activation, on quality and resource use outcome measures under the Medicare program (such as to recognize that less healthy individuals may require more intensive interventions). In conducting such study the Secretary may use existing Federal data and collect such additional data as may be necessary to complete the study. (ii) Report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (C) Examination of data in conducting studies In conducting the studies under subparagraphs (A) and (B), the Secretary shall examine what non-Medicare data sets, such as data from the American Community Survey (ACS), can be useful in conducting the types of studies under such paragraphs and how such data sets that are identified as useful can be coordinated with Medicare administrative data in order to improve the overall data set available to do such studies and for the administration of the Medicare program. (D) Recommendations to account for information in payment adjustment mechanisms If the studies conducted under subparagraphs (A) and (B) find a relationship between the factors examined in the studies and quality and resource use outcome measures, then the Secretary shall also provide recommendations for how the Centers for Medicare & Medicaid Services should— (i) obtain access to the necessary data (if such data is not already being collected) on such factors, including recommendations on how to address barriers to the Centers in accessing such data; and (ii) account for such factors in determining payment adjustments based on quality and resource use outcome measures under the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act (42 U.S.C. 1395w–4(q)) and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (E) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph $6,000,000, to remain available until expended. (2) CMS activities (A) Hierarchal Condition Category (HCC) improvement Taking into account the relevant studies conducted and recommendations made in reports under paragraph (1), the Secretary, on an ongoing basis, shall, as the Secretary determines appropriate, estimate how an individual’s health status and other risk factors affect quality and resource use outcome measures and, as feasible, shall incorporate information from quality and resource use outcome measurement (including care episode and patient condition groups) into provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (B) Accounting for other factors in payment adjustment mechanisms (i) In general Taking into account the studies conducted and recommendations made in reports under paragraph (1) and other information as appropriate, the Secretary shall, as the Secretary determines appropriate, account for identified factors with an effect on quality and resource use outcome measures when determining payment adjustment mechanisms under provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (ii) Accessing data The Secretary shall collect or otherwise obtain access to the data necessary to carry out this paragraph through existing and new data sources. (iii) Periodic analyses The Secretary shall carry out periodic analyses, at least every 3 years, based on the factors referred to in clause (i) so as to monitor changes in possible relationships. (C) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph and the application of this paragraph to the Merit-based Incentive Payment System under section 1848(q) of such Act $10,000,000, to remain available until expended. (3) Strategic plan for accessing race and ethnicity data Not later than 18 months after the date of the enactment of this Act, the Secretary shall develop and report to Congress on a strategic plan for collecting or otherwise accessing data on race and ethnicity for purposes of carrying out the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (g) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (r) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement (1) In general In order to involve the physician, practitioner, and other stakeholder communities in enhancing the infrastructure for resource use measurement, including for purposes of the Merit-based Incentive Payment System under subsection (q) and alternative payment models under section 1833(z), the Secretary shall undertake the steps described in the succeeding provisions of this subsection. (2) Development of care episode and patient condition groups and classification codes (A) In general In order to classify similar patients into care episode groups and patient condition groups, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Public availability of existing efforts to design an episode grouper Not later than 120 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a list of the episode groups developed pursuant to subsection (n)(9)(A) and related descriptive information. (C) Stakeholder input The Secretary shall accept, through the date that is 60 days after the day the Secretary posts the list pursuant to subparagraph (B), suggestions from physician specialty societies, applicable practitioner organizations, and other stakeholders for episode groups in addition to those posted pursuant to such subparagraph, and specific clinical criteria and patient characteristics to classify patients into— (i) care episode groups; and (ii) patient condition groups. (D) Development of proposed classification codes (i) In general Taking into account the information described in subparagraph (B) and the information received under subparagraph (C), the Secretary shall— (I) establish care episode groups and patient condition groups, which account for a target of an estimated 2/3 (II) assign codes to such groups. (ii) Care episode groups In establishing the care episode groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical problems at the time items and services are furnished during an episode of care, such as the clinical conditions or diagnoses, whether or not inpatient hospitalization is anticipated or occurs, and the principal procedures or services planned or furnished; and (II) other factors determined appropriate by the Secretary. (iii) Patient condition groups In establishing the patient condition groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical history at the time of each medical visit, such as the patient’s combination of chronic conditions, current health status, and recent significant history (such as hospitalization and major surgery during a previous period, such as 3 months); and (II) other factors determined appropriate by the Secretary, such as eligibility status under this title (including eligibility under section 226(a), 226(b), or 226A, and dual eligibility under this title and title XIX). (E) Draft care episode and patient condition groups and classification codes Not later than 180 days after the end of the comment period described in subparagraph (C), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the care episode and patient condition codes established under subparagraph (D) (and the criteria and characteristics assigned to such code). (F) Solicitation of input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (E), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the care episode and patient condition groups (and codes) posted under subparagraph (E). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include use of open door forums, town hall meetings, or other appropriate mechanisms. (G) Operational list of care episode and patient condition groups and codes Not later than 180 days after the end of the comment period described in subparagraph (F), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of care episode and patient condition codes (and the criteria and characteristics assigned to such code). (H) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational lists of care episode and patient condition codes as the Secretary determines may be appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (3) Attribution of patients to physicians or practitioners (A) In general In order to facilitate the attribution of patients and episodes (in whole or in part) to one or more physicians or applicable practitioners furnishing items and services, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Development of patient relationship categories and codes The Secretary shall develop patient relationship categories and codes that define and distinguish the relationship and responsibility of a physician or applicable practitioner with a patient at the time of furnishing an item or service. Such patient relationship categories shall include different relationships of the physician or applicable practitioner to the patient (and the codes may reflect combinations of such categories), such as a physician or applicable practitioner who— (i) considers themself to have the primary responsibility for the general and ongoing care for the patient over extended periods of time; (ii) considers themself to be the lead physician or practitioner and who furnishes items and services and coordinates care furnished by other physicians or practitioners for the patient during an acute episode; (iii) furnishes items and services to the patient on a continuing basis during an acute episode of care, but in a supportive rather than a lead role; (iv) furnishes items and services to the patient on an occasional basis, usually at the request of another physician or practitioner; or (v) furnishes items and services only as ordered by another physician or practitioner. (C) Draft list of patient relationship categories and codes Not later than 270 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the patient relationship categories and codes developed under subparagraph (B). (D) Stakeholder Input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (C), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the patient relationship categories and codes posted under subparagraph (C). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (E) Operational list of patient relationship categories and codes Not later than 180 days after the end of the comment period described in subparagraph (D), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of patient relationship categories and codes. (F) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational list of patient relationship categories and codes as the Secretary determines appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (4) Reporting of information for resource use measurement Claims submitted for items and services furnished by a physician or applicable practitioner on or after January 1, 2017, shall, as determined appropriate by the Secretary, include— (A) applicable codes established under paragraphs (2) and (3); and (B) the national provider identifier of the ordering physician or applicable practitioner (if different from the billing physician or applicable practitioner). (5) Methodology for resource use analysis (A) In general In order to evaluate the resources used to treat patients (with respect to care episode and patient condition groups), the Secretary shall— (i) use the patient relationship codes reported on claims pursuant to paragraph (4) to attribute patients (in whole or in part) to one or more physicians and applicable practitioners; (ii) use the care episode and patient condition codes reported on claims pursuant to paragraph (4) as a basis to compare similar patients and care episodes and patient condition groups; and (iii) conduct an analysis of resource use (with respect to care episodes and patient condition groups of such patients), as the Secretary determines appropriate. (B) Analysis of patients of physicians and practitioners In conducting the analysis described in subparagraph (A)(iii) with respect to patients attributed to physicians and applicable practitioners, the Secretary shall, as feasible— (i) use the claims data experience of such patients by patient condition codes during a common period, such as 12 months; and (ii) use the claims data experience of such patients by care episode codes— (I) in the case of episodes without a hospitalization, during periods of time (such as the number of days) determined appropriate by the Secretary; and (II) in the case of episodes with a hospitalization, during periods of time (such as the number of days) before, during, and after the hospitalization. (C) Measurement of resource use In measuring such resource use, the Secretary— (i) shall use per patient total allowed charges for all services under part A and this part (and, if the Secretary determines appropriate, part D) for the analysis of patient resource use, by care episode codes and by patient condition codes; and (ii) may, as determined appropriate, use other measures of allowed charges (such as subtotals for categories of items and services) and measures of utilization of items and services (such as frequency of specific items and services and the ratio of specific items and services among attributed patients or episodes). (D) Stakeholder Input The Secretary shall seek comments from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the resource use methodology established pursuant to this paragraph. In seeking comments the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (6) Implementation To the extent that the Secretary contracts with an entity to carry out any part of the provisions of this subsection, the Secretary may not contract with an entity or an entity with a subcontract if the entity or subcontracting entity currently makes recommendations to the Secretary on relative values for services under the fee schedule for physicians’ services under this section. (7) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of— (A) care episode and patient condition groups and codes established under paragraph (2); (B) patient relationship categories and codes established under paragraph (3); and (C) measurement of, and analyses of resource use with respect to, care episode and patient condition codes and patient relationship codes pursuant to paragraph (5). (8) Administration Chapter 35 (9) Definitions In this section: (A) Physician The term physician (B) Applicable practitioner The term applicable practitioner (i) a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)); and (ii) beginning January 1, 2018, such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary. (10) Clarification The provisions of sections 1890(b)(7) and 1890A shall not apply to this subsection. . 102. Priorities and funding for measure development Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (s) Priorities and funding for measure development (1) Plan identifying measure development priorities and timelines (A) Draft measure development plan Not later than January 1, 2015, the Secretary shall develop, and post on the Internet website of the Centers for Medicare & Medicaid Services, a draft plan for the development of quality measures for application under the applicable provisions (as defined in paragraph (5)). Under such plan the Secretary shall— (i) address how measures used by private payers and integrated delivery systems could be incorporated under title XVIII; (ii) describe how coordination, to the extent possible, will occur across organizations developing such measures; and (iii) take into account how clinical best practices and clinical practice guidelines should be used in the development of quality measures. (B) Quality domains For purposes of this subsection, the term quality domains (i) Clinical care. (ii) Safety. (iii) Care coordination. (iv) Patient and caregiver experience. (v) Population health and prevention. (C) Consideration In developing the draft plan under this paragraph, the Secretary shall consider— (i) gap analyses conducted by the entity with a contract under section 1890(a) or other contractors or entities; (ii) whether measures are applicable across health care settings; (iii) clinical practice improvement activities submitted under subsection (q)(2)(C)(iv) for identifying possible areas for future measure development and identifying existing gaps with respect to such measures; and (iv) the quality domains applied under this subsection. (D) Priorities In developing the draft plan under this paragraph, the Secretary shall give priority to the following types of measures: (i) Outcome measures, including patient reported outcome and functional status measures. (ii) Patient experience measures. (iii) Care coordination measures. (iv) Measures of appropriate use of services, including measures of over use. (E) Stakeholder input The Secretary shall accept through March 1, 2015, comments on the draft plan posted under paragraph (1)(A) from the public, including health care providers, payers, consumers, and other stakeholders. (F) Final measure development plan Not later than May 1, 2015, taking into account the comments received under this subparagraph, the Secretary shall finalize the plan and post on the Internet website of the Centers for Medicare & Medicaid Services an operational plan for the development of quality measures for use under the applicable provisions. Such plan shall be updated as appropriate. (2) Contracts and other arrangements for quality measure development (A) In general The Secretary shall enter into contracts or other arrangements with entities for the purpose of developing, improving, updating, or expanding in accordance with the plan under paragraph (1) quality measures for application under the applicable provisions. Such entities shall include organizations with quality measure development expertise. (B) Prioritization (i) In general In entering into contracts or other arrangements under subparagraph (A), the Secretary shall give priority to the development of the types of measures described in paragraph (1)(D). (ii) Consideration In selecting measures for development under this subsection, the Secretary shall consider— (I) whether such measures would be electronically specified; and (II) clinical practice guidelines to the extent that such guidelines exist. (3) Annual report by the Secretary (A) In general Not later than May 1, 2016, and annually thereafter, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a report on the progress made in developing quality measures for application under the applicable provisions. (B) Requirements Each report submitted pursuant to subparagraph (A) shall include the following: (i) A description of the Secretary’s efforts to implement this paragraph. (ii) With respect to the measures developed during the previous year— (I) a description of the total number of quality measures developed and the types of such measures, such as an outcome or patient experience measure; (II) the name of each measure developed; (III) the name of the developer and steward of each measure; (IV) with respect to each type of measure, an estimate of the total amount expended under this title to develop all measures of such type; and (V) whether the measure would be electronically specified. (iii) With respect to measures in development at the time of the report— (I) the information described in clause (ii), if available; and (II) a timeline for completion of the development of such measures. (iv) A description of any updates to the plan under paragraph (1) (including newly identified gaps and the status of previously identified gaps) and the inventory of measures applicable under the applicable provisions. (v) Other information the Secretary determines to be appropriate. (4) Stakeholder input With respect to paragraph (1), the Secretary shall seek stakeholder input with respect to— (A) the identification of gaps where no quality measures exist, particularly with respect to the types of measures described in paragraph (1)(D); (B) prioritizing quality measure development to address such gaps; and (C) other areas related to quality measure development determined appropriate by the Secretary. (5) Definition of applicable provisions In this subsection, the term applicable provisions (A) Subsection (q)(2)(B)(i). (B) Section 1833(z)(2)(C). (6) Funding For purposes of carrying out this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $15,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2014 through 2018. Amounts transferred under this paragraph shall remain available through the end of fiscal year 2021. . 103. Encouraging care management for individuals with chronic care needs (a) In general Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) (8) Encouraging care management for individuals with chronic care needs (A) In general In order to encourage the management of care by an applicable provider (as defined in subparagraph (B)) for individuals with chronic care needs the Secretary shall— (i) establish one or more HCPCS codes for chronic care management services for such individuals; and (ii) subject to subparagraph (D), make payment (as the Secretary determines to be appropriate) under this section for such management services furnished on or after January 1, 2015, by an applicable provider. (B) Applicable provider defined For purposes of this paragraph, the term applicable provider (i) is recognized as such a medical home or comparable specialty practice by an organization that is recognized by the Secretary for purposes of such recognition as such a medical home or practice; or (ii) meets such other comparable qualifications as the Secretary determines to be appropriate. (C) Budget neutrality The budget neutrality provision under subsection (c)(2)(B)(ii)(II) shall apply in establishing the payment under subparagraph (A)(ii). (D) Policies relating to payment In carrying out this paragraph, with respect to chronic care management services, the Secretary shall— (i) make payment to only one applicable provider for such services furnished to an individual during a period; (ii) not make payment under subparagraph (A) if such payment would be duplicative of payment that is otherwise made under this title for such services (such as in the case of hospice care or home health services); and (iii) not require that an annual wellness visit (as defined in section 1861(hhh)) or an initial preventive physical examination (as defined in section 1861(ww)) be furnished as a condition of payment for such management services. . (b) Education and outreach (1) Campaign (A) In general The Secretary of Health and Human Services (in this subsection referred to as the Secretary (B) Requirements Such campaign shall— (i) be directed by the Office of Rural Health Policy of the Department of Health and Human Services and the Office of Minority Health of the Centers for Medicare & Medicaid Services; and (ii) focus on encouraging participation by underserved rural populations and racial and ethnic minority populations. (2) Report (A) In general Not later than December 31, 2017, the Secretary shall submit to Congress a report on the use of chronic care management services described in such section 1848(b)(8) by individuals living in rural areas and by racial and ethnic minority populations. Such report shall— (i) identify barriers to receiving chronic care management services; and (ii) make recommendations for increasing the appropriate use of chronic care management services. 104. Ensuring accurate valuation of services under the physician fee schedule (a) Authority To collect and use information on physicians’ services in the determination of relative values (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (M) Authority to collect and use information on physicians’ services in the determination of relative values (i) Collection of information Notwithstanding any other provision of law, the Secretary may collect or obtain information on the resources directly or indirectly related to furnishing services for which payment is made under the fee schedule established under subsection (b). Such information may be collected or obtained from any eligible professional or any other source. (ii) Use of information Notwithstanding any other provision of law, subject to clause (v), the Secretary may (as the Secretary determines appropriate) use information collected or obtained pursuant to clause (i) in the determination of relative values for services under this section. (iii) Types of information The types of information described in clauses (i) and (ii) may, at the Secretary’s discretion, include any or all of the following: (I) Time involved in furnishing services. (II) Amounts and types of practice expense inputs involved with furnishing services. (III) Prices (net of any discounts) for practice expense inputs, which may include paid invoice prices or other documentation or records. (IV) Overhead and accounting information for practices of physicians and other suppliers. (V) Any other element that would improve the valuation of services under this section. (iv) Information collection mechanisms Information may be collected or obtained pursuant to this subparagraph from any or all of the following: (I) Surveys of physicians, other suppliers, providers of services, manufacturers, and vendors. (II) Surgical logs, billing systems, or other practice or facility records. (III) Electronic health records. (IV) Any other mechanism determined appropriate by the Secretary. (v) Transparency of use of information (I) In general Subject to subclauses (II) and (III), if the Secretary uses information collected or obtained under this subparagraph in the determination of relative values under this subsection, the Secretary shall disclose the information source and discuss the use of such information in such determination of relative values through notice and comment rulemaking. (II) Thresholds for use The Secretary may establish thresholds in order to use such information, including the exclusion of information collected or obtained from eligible professionals who use very high resources (as determined by the Secretary) in furnishing a service. (III) Disclosure of information The Secretary shall make aggregate information available under this subparagraph but shall not disclose information in a form or manner that identifies an eligible professional or a group practice, or information collected or obtained pursuant to a nondisclosure agreement. (vi) Incentive to participate The Secretary may provide for such payments under this part to an eligible professional that submits such solicited information under this subparagraph as the Secretary determines appropriate in order to compensate such eligible professional for such submission. Such payments shall be provided in a form and manner specified by the Secretary. (vii) Administration Chapter 35 (viii) Definition of eligible professional In this subparagraph, the term eligible professional (ix) Funding For purposes of carrying out this subparagraph, in addition to funds otherwise appropriated, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $2,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each fiscal year beginning with fiscal year 2014. Amounts transferred under the preceding sentence for a fiscal year shall be available until expended. . (2) Limitation on review Section 1848(i)(1) of the Social Security Act ( 42 U.S.C. 1395w–4(i)(1) (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking the period at the end and inserting , and (C) by adding at the end the following new subparagraph: (F) the collection and use of information in the determination of relative values under subsection (c)(2)(M). . (b) Authority for alternative approaches To establishing practice expense relative values Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (N) Authority for alternative approaches to establishing practice expense relative values The Secretary may establish or adjust practice expense relative values under this subsection using cost, charge, or other data from suppliers or providers of services, including information collected or obtained under subparagraph (M). . (c) Revised and expanded identification of potentially misvalued codes Section 1848(c)(2)(K)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(K)(ii) (ii) Identification of potentially misvalued codes For purposes of identifying potentially misvalued codes pursuant to clause (i)(I), the Secretary shall examine codes (and families of codes as appropriate) based on any or all of the following criteria: (I) Codes that have experienced the fastest growth. (II) Codes that have experienced substantial changes in practice expenses. (III) Codes that describe new technologies or services within an appropriate time period (such as 3 years) after the relative values are initially established for such codes. (IV) Codes which are multiple codes that are frequently billed in conjunction with furnishing a single service. (V) Codes with low relative values, particularly those that are often billed multiple times for a single treatment. (VI) Codes that have not been subject to review since implementation of the fee schedule. (VII) Codes that account for the majority of spending under the physician fee schedule. (VIII) Codes for services that have experienced a substantial change in the hospital length of stay or procedure time. (IX) Codes for which there may be a change in the typical site of service since the code was last valued. (X) Codes for which there is a significant difference in payment for the same service between different sites of service. (XI) Codes for which there may be anomalies in relative values within a family of codes. (XII) Codes for services where there may be efficiencies when a service is furnished at the same time as other services. (XIII) Codes with high intra-service work per unit of time. (XIV) Codes with high practice expense relative value units. (XV) Codes with high cost supplies. (XVI) Codes as determined appropriate by the Secretary. . (d) Target for relative value adjustments for misvalued services (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (O) Target for relative value adjustments for misvalued services With respect to fee schedules established for each of 2015 through 2018, the following shall apply: (i) Determination of net reduction in expenditures For each year, the Secretary shall determine the estimated net reduction in expenditures under the fee schedule under this section with respect to the year as a result of adjustments to the relative values established under this paragraph for misvalued codes. (ii) Budget neutral redistribution of funds if target met and counting overages towards the target for the succeeding year If the estimated net reduction in expenditures determined under clause (i) for the year is equal to or greater than the target for the year— (I) reduced expenditures attributable to such adjustments shall be redistributed for the year in a budget neutral manner in accordance with subparagraph (B)(ii)(II); and (II) the amount by which such reduced expenditures exceeds the target for the year shall be treated as a reduction in expenditures described in clause (i) for the succeeding year, for purposes of determining whether the target has or has not been met under this subparagraph with respect to that year. (iii) Exemption from budget neutrality if target not met If the estimated net reduction in expenditures determined under clause (i) for the year is less than the target for the year, reduced expenditures in an amount equal to the target recapture amount shall not be taken into account in applying subparagraph (B)(ii)(II) with respect to fee schedules beginning with 2015. (iv) Target recapture amount For purposes of clause (iii), the target recapture amount is, with respect to a year, an amount equal to the difference between— (I) the target for the year; and (II) the estimated net reduction in expenditures determined under clause (i) for the year. (v) Target For purposes of this subparagraph, with respect to a year, the target is calculated as 0.5 percent of the estimated amount of expenditures under the fee schedule under this section for the year. . (2) Conforming amendment Section 1848(c)(2)(B)(v) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(v) (VIII) Reductions for misvalued services if target not met Effective for fee schedules beginning with 2015, reduced expenditures attributable to the application of the target recapture amount described in subparagraph (O)(iii). . (e) Phase-In of significant relative value unit (RVU) reductions (1) In general Section 1848(c) of the Social Security Act ( 42 U.S.C. 1395w–4(c) (7) Phase-in of significant relative value unit (RVU) reductions Effective for fee schedules established beginning with 2015, if the total relative value units for a service for a year would otherwise be decreased by an estimated amount equal to or greater than 20 percent as compared to the total relative value units for the previous year, the applicable adjustments in work, practice expense, and malpractice relative value units shall be phased-in over a 2-year period. . (2) Conforming amendments Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (A) in subparagraph (B)(ii)(I), by striking subclause (II) subclause (II) and paragraph (7) (B) in subparagraph (K)(iii)(VI)— (i) by striking provisions of subparagraph (B)(ii)(II) provisions of subparagraph (B)(ii)(II) and paragraph (7) (ii) by striking under subparagraph (B)(ii)(II) under subparagraph (B)(ii)(I) (f) Authority To smooth relative values within groups of services Section 1848(c)(2)(C) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(C) (1) in each of clauses (i) and (iii), by striking the service the service or group of services (2) in the first sentence of clause (ii), by inserting or group of services (g) GAO study and report on Relative Value Scale Update Committee (1) Study The Comptroller General of the United States (in this subsection referred to as the Comptroller General (2) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1). (h) Adjustment to Medicare payment localities (1) In general Section 1848(e) of the Social Security Act ( 42 U.S.C. 1395w–4(e) (6) Use of MSAs as fee schedule areas in California (A) In general Subject to the succeeding provisions of this paragraph and notwithstanding the previous provisions of this subsection, for services furnished on or after January 1, 2017, the fee schedule areas used for payment under this section applicable to California shall be the following: (i) Each Metropolitan Statistical Area (each in this paragraph referred to as an MSA (ii) All areas not included in an MSA shall be treated as a single rest-of-State fee schedule area. (B) Transition for MSAs previously in rest-of-State payment locality or in locality 3 (i) In general For services furnished in California during a year beginning with 2017 and ending with 2021 in an MSA in a transition area (as defined in subparagraph (D)), subject to subparagraph (C), the geographic index values to be applied under this subsection for such year shall be equal to the sum of the following: (I) Current law component The old weighting factor (described in clause (ii)) for such year multiplied by the geographic index values under this subsection for the fee schedule area that included such MSA that would have applied in such area (as estimated by the Secretary) if this paragraph did not apply. (II) MSA-based component The MSA-based weighting factor (described in clause (iii)) for such year multiplied by the geographic index values computed for the fee schedule area under subparagraph (A) for the year (determined without regard to this subparagraph). (ii) Old weighting factor The old weighting factor described in this clause— (I) for 2017, is 5/6 (II) for each succeeding year, is the old weighting factor described in this clause for the previous year minus 1/6 (iii) MSA-based weighting factor The MSA-based weighting factor described in this clause for a year is 1 minus the old weighting factor under clause (ii) for that year. (C) Hold harmless For services furnished in a transition area in California during a year beginning with 2017, the geographic index values to be applied under this subsection for such year shall not be less than the corresponding geographic index values that would have applied in such transition area (as estimated by the Secretary) if this paragraph did not apply. (D) Transition area defined In this paragraph, the term transition area (i) The rest-of-State payment locality. (ii) Payment locality 3. (E) References to fee schedule areas Effective for services furnished on or after January 1, 2017, for California, any reference in this section to a fee schedule area shall be deemed a reference to a fee schedule area established in accordance with this paragraph. . (2) Conforming amendment to definition of fee schedule area Section 1848(j)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(2) The term Except as provided in subsection (e)(6)(D), the term (i) Disclosure of data used To establish multiple procedure payment reduction policy The Secretary of Health and Human Services shall make publicly available the information used to establish the multiple procedure payment reduction policy to the professional component of imaging services in the final rule published in the Federal Register, v. 77, n. 222, November 16, 2012, pages 68891–69380 under the physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 105. Promoting evidence-based care (a) In general Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (p) Recognizing appropriate use criteria for certain imaging services (1) Program established (A) In general The Secretary shall establish a program to promote the use of appropriate use criteria (as defined in subparagraph (B)) for applicable imaging services (as defined in subparagraph (C)) furnished in an applicable setting (as defined in subparagraph (D)) by ordering professionals and furnishing professionals (as defined in subparagraphs (E) and (F), respectively). (B) Appropriate use criteria defined In this subsection, the term appropriate use criteria (C) Applicable imaging service defined In this subsection, the term applicable imaging service (i) one or more applicable appropriate use criteria specified under paragraph (2) apply; (ii) there are one or more qualified clinical decision support mechanisms listed under paragraph (3)(C); and (iii) one or more of such mechanisms is available free of charge. (D) Applicable setting defined In this subsection, the term applicable setting (E) Ordering professional defined In this subsection, the term ordering professional (F) Furnishing professional defined In this subsection, the term furnishing professional (2) Establishment of applicable appropriate use criteria (A) In general Not later than November 15, 2015, the Secretary shall through rulemaking, and in consultation with physicians, practitioners, and other stakeholders, specify applicable appropriate use criteria for applicable imaging services only from among appropriate use criteria developed or endorsed by national professional medical specialty societies or other provider-led entities. (B) Considerations In specifying applicable appropriate use criteria under subparagraph (A), the Secretary shall take into account whether the criteria— (i) have stakeholder consensus; (ii) are scientifically valid and evidence based; and (iii) are based on studies that are published and reviewable by stakeholders. (C) Revisions The Secretary shall review, on an annual basis, the specified applicable appropriate use criteria to determine if there is a need to update or revise (as appropriate) such specification of applicable appropriate use criteria and make such updates or revisions through rulemaking. (D) Treatment of multiple applicable appropriate use criteria In the case where the Secretary determines that more than one appropriate use criteria applies with respect to an applicable imaging service, the Secretary shall permit one or more applicable appropriate use criteria under this paragraph for the service. (3) Mechanisms for consultation with applicable appropriate use criteria (A) Identification of mechanisms to consult with applicable appropriate use criteria (i) In general The Secretary shall specify qualified clinical decision support mechanisms that could be used by ordering professionals to consult with applicable appropriate use criteria for applicable imaging services. (ii) Consultation The Secretary shall consult with physicians, practitioners, health care technology experts, and other stakeholders in specifying mechanisms under this paragraph. (iii) Inclusion of certain mechanisms Mechanisms specified under this paragraph may include any or all of the following that meet the requirements described in subparagraph (B)(ii): (I) Use of clinical decision support modules in certified EHR technology (as defined in section 1848(o)(4)). (II) Use of private sector clinical decision support mechanisms that are independent from certified EHR technology, which may include use of clinical decision support mechanisms available from medical specialty organizations. (III) Use of a clinical decision support mechanism established by the Secretary. (B) Qualified clinical decision support mechanisms (i) In general For purposes of this subsection, a qualified clinical decision support mechanism is a mechanism that the Secretary determines meets the requirements described in clause (ii). (ii) Requirements The requirements described in this clause are the following: (I) The mechanism makes available to the ordering professional applicable appropriate use criteria specified under paragraph (2) and the supporting documentation for the applicable imaging service ordered. (II) In the case where there are more than one applicable appropriate use criteria specified under such paragraph for an applicable imaging service, the mechanism indicates the criteria that it uses for the service. (III) The mechanism determines the extent to which an applicable imaging service ordered is consistent with the applicable appropriate use criteria so specified. (IV) The mechanism generates and provides to the ordering professional a certification or documentation that documents that the qualified clinical decision support mechanism was consulted by the ordering professional. (V) The mechanism is updated on a timely basis to reflect revisions to the specification of applicable appropriate use criteria under such paragraph. (VI) The mechanism meets privacy and security standards under applicable provisions of law. (VII) The mechanism performs such other functions as specified by the Secretary, which may include a requirement to provide aggregate feedback to the ordering professional. (C) List of mechanisms for consultation with applicable appropriate use criteria (i) Initial list Not later than April 1, 2016, the Secretary shall publish a list of mechanisms specified under this paragraph. (ii) Periodic updating of list The Secretary shall identify on an annual basis the list of qualified clinical decision support mechanisms specified under this paragraph. (4) Consultation with applicable appropriate use criteria (A) Consultation by ordering professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service ordered by an ordering professional that would be furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), an ordering professional shall— (i) consult with a qualified decision support mechanism listed under paragraph (3)(C); and (ii) provide to the furnishing professional the information described in clauses (i) through (iii) of subparagraph (B). (B) Reporting by furnishing professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), payment for such service may only be made if the claim for the service includes the following: (i) Information about which qualified clinical decision support mechanism was consulted by the ordering professional for the service. (ii) Information regarding— (I) whether the service ordered would adhere to the applicable appropriate use criteria specified under paragraph (2); (II) whether the service ordered would not adhere to such criteria; or (III) whether such criteria was not applicable to the service ordered. (iii) The national provider identifier of the ordering professional (if different from the furnishing professional). (C) Exceptions The provisions of subparagraphs (A) and (B) and paragraph (6)(A) shall not apply to the following: (i) Emergency services An applicable imaging service ordered for an individual with an emergency medical condition (as defined in section 1867(e)(1)). (ii) Inpatient services An applicable imaging service ordered for an inpatient and for which payment is made under part A. (iii) Alternative payment models An applicable imaging service ordered by an ordering professional with respect to an individual attributed to an alternative payment model (as defined in section 1833(z)(3)(C)). (iv) Significant hardship An applicable imaging service ordered by an ordering professional who the Secretary may, on a case-by-case basis, exempt from the application of such provisions if the Secretary determines, subject to annual renewal, that consultation with applicable appropriate use criteria would result in a significant hardship, such as in the case of a professional who practices in a rural area without sufficient Internet access. (D) Applicable payment system defined In this subsection, the term applicable payment system (i) The physician fee schedule established under section 1848(b). (ii) The prospective payment system for hospital outpatient department services under section 1833(t). (iii) The ambulatory surgical center payment systems under section 1833(i). (5) Identification of outlier ordering professionals (A) In general With respect to applicable imaging services furnished beginning with 2017, the Secretary shall determine, on an annual basis, no more than five percent of the total number of ordering professionals who are outlier ordering professionals. (B) Outlier ordering professionals The determination of an outlier ordering professional shall— (i) be based on low adherence to applicable appropriate use criteria specified under paragraph (2), which may be based on comparison to other ordering professionals; and (ii) include data for ordering professionals for whom prior authorization under paragraph (6)(A) applies. (C) Use of two years of data The Secretary shall use two years of data to identify outlier ordering professionals under this paragraph. (D) Process The Secretary shall establish a process for determining when an outlier ordering professional is no longer an outlier ordering professional. (E) Consultation with stakeholders The Secretary shall consult with physicians, practitioners and other stakeholders in developing methods to identify outlier ordering professionals under this paragraph. (6) Prior authorization for ordering professionals who are outliers (A) In general Beginning January 1, 2020, subject to paragraph (4)(C), with respect to services furnished during a year, the Secretary shall, for a period determined appropriate by the Secretary, apply prior authorization for applicable imaging services that are ordered by an outlier ordering professional identified under paragraph (5). (B) Appropriate use criteria in prior authorization In applying prior authorization under subparagraph (A), the Secretary shall utilize only the applicable appropriate use criteria specified under this subsection. (C) Funding For purposes of carrying out this paragraph, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $5,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2019 through 2021. Amounts transferred under the preceding sentence shall remain available until expended. (7) Construction Nothing in this subsection shall be construed as granting the Secretary the authority to develop or initiate the development of clinical practice guidelines or appropriate use criteria. . (b) Conforming amendment Section 1833(t)(16) of the Social Security Act ( 42 U.S.C. 1395l(t)(16) (E) Application of appropriate use criteria for certain imaging services For provisions relating to the application of appropriate use criteria for certain imaging services, see section 1834(p). . (c) Report on experience of imaging appropriate use criteria program Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes a description of the extent to which appropriate use criteria could be used for other services under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. 106. Empowering beneficiary choices through access to information on physicians’ services (a) In general The Secretary shall make publicly available on Physician Compare the information described in subsection (b) with respect to eligible professionals. (b) Information described The following information, with respect to an eligible professional, is described in this subsection: (1) Information on the number of services furnished by the eligible professional under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. (2) Information on submitted charges and payments for services under such part. (3) A unique identifier for the eligible professional that is available to the public, such as a national provider identifier. (c) Searchability The information made available under this section shall be searchable by at least the following: (1) The specialty or type of the eligible professional. (2) Characteristics of the services furnished, such as volume or groupings of services. (3) The location of the eligible professional. (d) Disclosure The information made available under this section shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (e) Implementation (1) Initial implementation Physician Compare shall include the information described in subsection (b)— (A) with respect to physicians, by not later than July 1, 2015; and (B) with respect to other eligible professionals, by not later than July 1, 2016. (2) Annual updating The information made available under this section shall be updated on Physician Compare not less frequently than on an annual basis. (f) Opportunity To review and submit corrections The Secretary shall provide for an opportunity for an eligible professional to review, and submit corrections for, the information to be made public with respect to the eligible professional under this section prior to such information being made public. (g) Definitions In this section: (1) Eligible professional; physician; secretary The terms eligible professional physician Secretary Public Law 111–148 (2) Physician Compare The term Physician Compare 107. Expanding availability of Medicare data (a) Expanding uses of Medicare data by qualified entities (1) Additional analyses (A) In general Subject to subparagraph (B), to the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may use the combined data described in paragraph (4)(B)(iii) of such section received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), to conduct additional non-public analyses (as determined appropriate by the Secretary) and provide or sell such analyses to authorized users for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (B) Limitations with respect to analyses (i) Employers Any analyses provided or sold under subparagraph (A) to an employer described in paragraph (9)(A)(iii) may only be used by such employer for purposes of providing health insurance to employees and retirees of the employer. (ii) Health insurance issuers A qualified entity may not provide or sell an analysis to a health insurance issuer described in paragraph (9)(A)(iv) unless the issuer is providing the qualified entity with data under section 1874(e)(4)(B)(iii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(B)(iii)). (2) Access to certain data (A) Access To the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (i) provide or sell the combined data described in paragraph (4)(B)(iii) of such section to authorized users described in clauses (i), (ii), and (v) of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B); or (ii) subject to subparagraph (C), provide Medicare claims data to authorized users described in clauses (i), (ii), and (v), of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B). (B) Purposes described The purposes described in this subparagraph are assisting providers of services and suppliers in developing and participating in quality and patient care improvement activities, including developing new models of care. (C) Medicare claims data must be provided at no cost A qualified entity may not charge a fee for providing the data under subparagraph (A)(ii). (3) Protection of information (A) In general Except as provided in subparagraph (B), an analysis or data that is provided or sold under paragraph (1) or (2) shall not contain information that individually identifies a patient. (B) Information on patients of the provider of services or supplier To the extent consistent with applicable information, privacy, security, and disclosure laws, an analysis or data that is provided or sold to a provider of services or supplier under paragraph (1) or (2) may contain information that individually identifies a patient of such provider or supplier, including with respect to items and services furnished to the patient by other providers of services or suppliers. (C) Prohibition on using analyses or data for marketing purposes An authorized user shall not use an analysis or data provided or sold under paragraph (1) or (2) for marketing purposes. (4) Data use agreement A qualified entity and an authorized user described in clauses (i), (ii), and (v) of paragraph (9)(A) shall enter into an agreement regarding the use of any data that the qualified entity is providing or selling to the authorized user under paragraph (2). Such agreement shall describe the requirements for privacy and security of the data and, as determined appropriate by the Secretary, any prohibitions on using such data to link to other individually identifiable sources of information. If the authorized user is not a covered entity under the rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, the agreement shall identify the relevant regulations, as determined by the Secretary, that the user shall comply with as if it were acting in the capacity of such a covered entity. (5) No redisclosure of analyses or data (A) In general Except as provided in subparagraph (B), an authorized user that is provided or sold an analysis or data under paragraph (1) or (2) shall not redisclose or make public such analysis or data or any analysis using such data. (B) Permitted redisclosure A provider of services or supplier that is provided or sold an analysis or data under paragraph (1) or (2) may, as determined by the Secretary, redisclose such analysis or data for the purposes of performance improvement and care coordination activities but shall not make public such analysis or data or any analysis using such data. (6) Opportunity for providers of services and suppliers to review Prior to a qualified entity providing or selling an analysis to an authorized user under paragraph (1), to the extent that such analysis would individually identify a provider of services or supplier who is not being provided or sold such analysis, such qualified entity shall provide such provider or supplier with the opportunity to appeal and correct errors in the manner described in section 1874(e)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)). (7) Assessment for a breach (A) In general In the case of a breach of a data use agreement under this section or section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (i) an agreement between the Secretary and a qualified entity; and (ii) an agreement between a qualified entity and an authorized user. (B) Assessment The assessment under subparagraph (A) shall be an amount up to $100 for each individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title— (i) in the case of an agreement described in subparagraph (A)(i), for whom the Secretary provided data on to the qualified entity under paragraph (2); and (ii) in the case of an agreement described in subparagraph (A)(ii), for whom the qualified entity provided data on to the authorized user under paragraph (2). (C) Deposit of amounts collected Any amounts collected pursuant to this paragraph shall be deposited in Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act ( 42 U.S.C. 1395t (8) Annual reports Any qualified entity that provides or sells an analysis or data under paragraph (1) or (2) shall annually submit to the Secretary a report that includes— (A) a summary of the analyses provided or sold, including the number of such analyses, the number of purchasers of such analyses, and the total amount of fees received for such analyses; (B) a description of the topics and purposes of such analyses; (C) information on the entities who received the data under paragraph (2), the uses of the data, and the total amount of fees received for providing, selling, or sharing the data; and (D) other information determined appropriate by the Secretary. (9) Definitions In this subsection and subsection (b): (A) Authorized user The term authorized user (i) A provider of services. (ii) A supplier. (iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). (iv) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). (v) A medical society or hospital association. (vi) Any entity not described in clauses (i) through (v) that is approved by the Secretary (other than an employer or health insurance issuer not described in clauses (iii) and (iv), respectively, as determined by the Secretary). (B) Provider of services The term provider of services (C) Qualified entity The term qualified entity (D) Secretary The term Secretary (E) Supplier The term supplier (b) Access to Medicare data by qualified clinical data registries To facilitate quality improvement (1) Access (A) In general To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning July 1, 2015, the Secretary shall, at the request of a qualified clinical data registry under section 1848(m)(3)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E) (B) Data described The data described in this subparagraph is— (i) claims data under the Medicare program under title XVIII of the Social Security Act; and (ii) if the Secretary determines appropriate, claims data under the Medicaid program under title XIX of such Act and the State Children's Health Insurance Program under title XXI of such Act. (2) Fee Data described in paragraph (1)(B) shall be provided to a qualified clinical data registry under paragraph (1) at a fee equal to the cost of providing such data. Any fee collected pursuant to the preceding sentence shall be deposited in the Centers for Medicare & Medicaid Services Program Management Account. (c) Expansion of data available to qualified entities Section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (1) in the subsection heading, by striking Medicare (2) in paragraph (3)— (A) by inserting after the first sentence the following new sentence: Beginning July 1, 2015, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under titles XIX and XXI for assistance provided under such titles for one or more specified geographic areas and time periods requested by a qualified entity. (B) in the last sentence, by inserting or under titles XIX or XXI (d) Revision of placement of fees Section 1874(e)(4)(A) of the Social Security Act ( 42 U.S.C. 1395kk(e)(4)(A) (1) by inserting , for periods prior to July 1, 2015, deposited (2) by inserting the following before the period at the end: , and, beginning July 1, 2015, into the Centers for Medicare & Medicaid Services Program Management Account 108. Reducing administrative burden and other provisions (a) Medicare physician and practitioner opt-Out to private contract (1) Indefinite, continuing automatic extension of opt out election (A) In general Section 1802(b)(3) of the Social Security Act ( 42 U.S.C. 1395a(b)(3) (i) in subparagraph (B)(ii), by striking during the 2-year period beginning on the date the affidavit is signed during the applicable 2-year period (as defined in subparagraph (D)) (ii) in subparagraph (C), by striking during the 2-year period described in subparagraph (B)(ii) during the applicable 2-year period (iii) by adding at the end the following new subparagraph: (D) Applicable 2-year periods for effectiveness of affidavits In this subsection, the term applicable 2-year period . (B) Effective date The amendments made by subparagraph (A) shall apply to affidavits entered into on or after the date that is 60 days after the date of the enactment of this Act. (2) Public availability of information on opt-out physicians and practitioners Section 1802(b) of the Social Security Act ( 42 U.S.C. 1395a(b) (A) in paragraph (5), by adding at the end the following new subparagraph: (D) Opt-out physician or practitioner The term opt-out physician or practitioner ; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: (5) Posting of information on opt-out physicians and practitioners (A) In general Beginning not later than February 1, 2015, the Secretary shall make publicly available through an appropriate publicly accessible website of the Department of Health and Human Services information on the number and characteristics of opt-out physicians and practitioners and shall update such information on such website not less often than annually. (B) Information to be included The information to be made available under subparagraph (A) shall include at least the following with respect to opt-out physicians and practitioners: (i) Their number. (ii) Their physician or professional specialty or other designation. (iii) Their geographic distribution. (iv) The timing of their becoming opt-out physicians and practitioners, relative to when they first entered practice and with respect to applicable 2-year periods. (v) The proportion of such physicians and practitioners who billed for emergency or urgent care services. . (b) Gainsharing study and report Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall submit to Congress a report with legislative recommendations to amend existing fraud and abuse laws, through exceptions, safe harbors, or other narrowly targeted provisions, to permit gainsharing or similar arrangements between physicians and hospitals that improve care while reducing waste and increasing efficiency. The report shall— (1) consider whether such provisions should apply to ownership interests, compensation arrangements, or other relationships; (2) describe how the recommendations address accountability, transparency, and quality, including how best to limit inducements to stint on care, discharge patients prematurely, or otherwise reduce or limit medically necessary care; and (3) consider whether a portion of any savings generated by such arrangements should accrue to the Medicare program under title XVIII of the Social Security Act. (c) Promoting interoperability of electronic health record systems (1) Recommendations for achieving widespread EHR interoperability (A) Objective As a consequence of a significant Federal investment in the implementation of health information technology through the Medicare and Medicaid EHR incentive programs, Congress declares it a national objective to achieve widespread exchange of health information through interoperable certified EHR technology nationwide by December 31, 2017. (B) Definitions In this paragraph: (i) Widespread interoperability The term widespread interoperability (ii) Interoperability The term interoperability (C) Establishment of metrics Not later than July 1, 2015, and in consultation with stakeholders, the Secretary shall establish metrics to be used to determine if and to the extent that the objective described in subparagraph (A) has been achieved. (D) Recommendations if objective not achieved If the Secretary of Health and Human Services determines that the objective described in subparagraph (A) has not been achieved by December 31, 2017, then the Secretary shall submit to Congress a report, by not later than December 31, 2018, that identifies barriers to such objective and recommends actions that the Federal Government can take to achieve such objective. Such recommended actions may include recommendations— (i) to adjust payments for not being meaningful EHR users under the Medicare EHR incentive programs; and (ii) for criteria for decertifying certified EHR technology products. (2) Preventing blocking the sharing of information (A) For meaningful EHR professionals Section 1848(o)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(ii) , and the professional demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the professional has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology (B) For meaningful EHR hospitals Section 1886(n)(3)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395ww(n)(3)(A)(ii) , and the hospital demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the hospital has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology (C) Effective date The amendments made by this subsection shall apply to meaningful EHR users as of the date that is one year after the date of the enactment of this Act. (3) Study and report on the feasibility of establishing a website to compare certified EHR technology products (A) Study The Secretary shall conduct a study to examine the feasibility of establishing mechanisms that includes aggregated results of surveys of meaningful EHR users on the functionality of certified EHR technology products to enable such users to directly compare the functionality and other features of such products. Such information may be made available through contracts with physician, hospital, or other organizations that maintain such comparative information. (B) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the website. The report shall include information on the benefits of, and resources needed to develop and maintain, such a website. (4) Definitions In this subsection: (A) The term certified EHR technology (B) The term meaningful EHR user (C) The term Medicare and Medicaid EHR incentive programs (i) in the case of the Medicare program under title XVIII of the Social Security Act, the incentive programs under section 1814(l)(3), section 1848(o), subsections (l) and (m) of section 1853, and section 1886(n) of the Social Security Act (42 U.S.C. 1395f(l)(3), 1395w–4(o), 1395w–23, 1395ww(n)); and (ii) in the case of the Medicaid program under title XIX of such Act, the incentive program under subsections (a)(3)(F) and (t) of section 1903 of such Act (42 U.S.C. 1396b). (D) The term Secretary (d) GAO studies and reports on the use of telehealth under Federal programs and on remote patient monitoring services (1) Study on telehealth services The Comptroller General of the United States shall conduct a study on the following: (A) How the definition of telehealth across various Federal programs and Federal efforts can inform the use of telehealth in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (B) Issues that can facilitate or inhibit the use of telehealth under the Medicare program under such title, including oversight and professional licensure, changing technology, privacy and security, infrastructure requirements, and varying needs across urban and rural areas. (C) Potential implications of greater use of telehealth with respect to payment and delivery system transformations under the Medicare program under such title XVIII and the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. (D) How the Centers for Medicare & Medicaid Services conducts oversight of payments made under the Medicare program under such title XVIII to providers for telehealth services. (2) Study on remote patient monitoring services (A) In general The Comptroller General of the United States shall conduct a study— (i) of the dissemination of remote patient monitoring technology in the private health insurance market; (ii) of the financial incentives in the private health insurance market relating to adoption of such technology; (iii) of the barriers to adoption of such services under the Medicare program under title XVIII of the Social Security Act; (iv) that evaluates the patients, conditions, and clinical circumstances that could most benefit from remote patient monitoring services; and (v) that evaluates the challenges related to establishing appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (B) Definitions For purposes of this paragraph: (i) Remote patient monitoring services The term remote patient monitoring services (ii) Remote patient monitoring technology The term remote patient monitoring technology (3) Reports Not later than 24 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress— (A) a report containing the results of the study conducted under paragraph (1); and (B) a report containing the results of the study conducted under paragraph (2). A report required under this paragraph shall be submitted together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. The Comptroller General may submit one report containing the results described in subparagraphs (A) and (B) and the recommendations described in the previous sentence. (e) Rule of construction regarding healthcare provider standards of care (1) Maintenance of state standards The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed— (A) to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim; or (B) to preempt any standard of care or duty of care, owed by a health care provider to a patient, duly established under State or common law. (2) Definitions For purposes of this subsection: (A) Federal health care provision The term Federal health care provision Public Law 111–148 Public Law 111–152 (B) Health care provider The term health care provider (i) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (ii) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (C) Medical malpractice or medical product liability action or claim The term medical malpractice or medical product liability action or claim 42 U.S.C. 11151(7) (D) State The term State (3) Preservation of State law No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152 II Extensions A Medicare Extensions 201. Work geographic adjustment Section 1848(e)(1)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(e)(1)(E) and before April 1, 2014, 202. Medicare payment for therapy services (a) Repeal of therapy cap and 1-year extension of threshold for manual medical review Section 1833(g) of the Social Security Act ( 42 U.S.C. 1395l(g) (1) in paragraph (4)— (A) by striking This subsection Except as provided in paragraph (5)(C)(iii), this subsection (B) by inserting the following before the period at the end: or with respect to services furnished on or after the date of enactment of the Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (2) in paragraph (5)(C), by adding at the end the following new clause: (iii) Beginning on the date of enactment of the Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 . (b) Medical review of outpatient therapy services (1) Medical review of outpatient therapy services Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (aa) Medical review of outpatient therapy services (1) In general (A) Process for medical review The Secretary shall implement a process for the medical review (as described in paragraph (2)) of outpatient therapy services (as defined in paragraph (10)) and, subject to paragraph (12), apply such process to such services furnished on or after the date that is 12 months after the date of enactment of the Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (B) Identification of services for review Under the process, the Secretary shall identify services for medical review, using such factors as the Secretary determines appropriate, which may include the following: (i) Services furnished by a therapy provider (as defined in paragraph (10)) whose pattern of billing is aberrant compared to peers. (ii) Services furnished by a therapy provider who, in a prior period, has a high claims denial percentage or is less compliant with other applicable requirements under this title. (iii) Services furnished by a therapy provider that is newly enrolled under this title. (iv) Services furnished by a therapy provider who has questionable billing practices, such as billing medically unlikely units of services in a day. (v) Services furnished to treat a type of medical condition. (vi) Services identified by use of the standardized data elements required to be reported under section 1834(p). (vii) Services furnished by a single therapy provider or a group that includes a therapy provider identified by factors described in this subparagraph. (viii) Other services as determined appropriate by the Secretary. (2) Medical review (A) Prior authorization medical review (i) In general Subject to the succeeding provisions of this subparagraph, the Secretary shall use prior authorization medical review for outpatient therapy services furnished to an individual above one or more thresholds established by the Secretary, such as a dollar threshold or a threshold based on other factors. (ii) Ending application of prior authorization for a therapy provider The Secretary shall end the application of prior authorization medical review to outpatient therapy services furnished by a therapy provider if the Secretary determines that the provider has a low denial rate under such prior authorization. The Secretary may subsequently reapply prior authorization medical review to such therapy provider if the Secretary determines it to be appropriate. (iii) Prior authorization of multiple services The Secretary shall, where practicable, provide for prior authorization medical review for multiple services at a single time, such as services in a therapy plan of care described in section 1861(p)(2). (B) Other types of medical review The Secretary may use pre-payment review or post-payment review for services identified under paragraph (1)(B) that are not subject to prior authorization medical review under subparagraph (A). (C) Limitation for law enforcement activities The Secretary may determine that medical review under this subsection does not apply in the case where potential fraud may be involved. (3) Review contractors The Secretary shall conduct prior authorization medical review of outpatient therapy services under this subsection using medicare administrative contractors (as described in section 1874A) or other review contractors (other than contractors under section 1893(h) or contractors paid on a contingent basis). (4) No payment without prior authorization With respect to an outpatient therapy service for which prior authorization medical review under this subsection applies, the following shall apply: (A) Prior authorization determination The Secretary shall make a determination, prior to the service being furnished, of whether the service would or would not meet the applicable requirements of section 1862(a)(1)(A). (B) Denial of payment Subject to paragraph (6), no payment shall be made under this part for the service unless the Secretary determines pursuant to subparagraph (A) that the service would meet the applicable requirements of such section. (5) Submission of information A therapy provider may submit the information necessary for medical review by fax, by mail, or by electronic means. The Secretary shall make available the electronic means described in the preceding sentence as soon as practicable, but not later than 24 months after the date of enactment of this subsection. (6) Timeliness If the Secretary does not make a prior authorization determination under paragraph (4)(A) within 10 business days of the date of the Secretary’s receipt of medical documentation needed to make such determination, paragraph (4)(B) shall not apply. (7) Construction With respect to an outpatient therapy service that has been affirmed by medical review under this subsection, nothing in this subsection shall be construed to preclude the subsequent denial of a claim for such service that does not meet other applicable requirements under this Act. (8) Beneficiary protections With respect to services furnished on or after January 1, 2015, where payment may not be made as a result of application of medical review under this subsection, section 1879 shall apply in the same manner as such section applies to a denial that is made by reason of section 1862(a)(1). (9) Implementation (A) Authority The Secretary may implement the provisions of this subsection by interim final rule with comment period. (B) Administration Chapter 35 (C) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the identification of services for medical review or the process for medical review under this subsection. (10) Definitions For purposes of this subsection: (A) Outpatient therapy services The term outpatient therapy services (i) Physical therapy services of the type described in section 1861(p). (ii) Speech-language pathology services of the type described in such section though the application of section 1861(ll)(2). (iii) Occupational therapy services of the type described in section 1861(p) through the operation of section 1861(g). (B) Therapy provider The term therapy provider (11) Funding For purposes of implementing this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $35,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each fiscal year (beginning with fiscal year 2014). Amounts transferred under this paragraph shall remain available until expended. (12) Scaling back (A) Periodic determinations Beginning with 2017, and every two years thereafter, the Secretary shall— (i) make a determination of the improper payment rate for outpatient therapy services for a 12-month period; and (ii) make such determination publicly available. (B) Scaling back If the improper payment rate for outpatient therapy services determined for a 12-month period under subparagraph (A) is 50 percent or less of the Medicare fee-for-service improper payment rate for such period, the Secretary shall— (i) reduce the amount and extent of medical review conducted for a prospective year under the process established in this subsection; and (ii) return an appropriate portion of the funding provided for such year under paragraph (11). . (2) GAO study and report (A) Study The Comptroller General of the United States shall conduct a study on the effectiveness of medical review of outpatient therapy services under section 1833(aa) of the Social Security Act, as added by paragraph (1). Such study shall include an analysis of— (i) aggregate data on— (I) the number of individuals, therapy providers, and claims subject to such review; and (II) the number of reviews conducted under such section; and (ii) the outcomes of such reviews. (B) Report Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study under subparagraph (A), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) Collection of standardized data elements for outpatient therapy services (1) Collection of standardized data elements for outpatient therapy services Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (p) Collection of standardized data elements for outpatient therapy services (1) Standardized data elements (A) In general Not later than 6 months after the date of enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of standardized data elements for individuals receiving outpatient therapy services. (B) Domains Such standardized data elements shall include information with respect to the following domains, as determined appropriate by the Secretary: (i) Demographic information. (ii) Diagnosis. (iii) Severity. (iv) Affected body structures and functions. (v) Limitations with activities of daily living and participation. (vi) Functional status. (vii) Other domains determined to be appropriate by the Secretary. (C) Solicitation of input The Secretary shall accept comments from stakeholders through the date that is 60 days after the date the Secretary posts the draft list of standardized data elements pursuant to subparagraph (A). In seeking such comments, the Secretary shall use one or more mechanisms to solicit input from stakeholders that may include use of open door forums, town hall meetings, requests for information, or other mechanisms determined appropriate by the Secretary. (D) Operational list of standardized data elements Not later than 120 days after the end of the comment period described in subparagraph (C), the Secretary, taking into account such comments, shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of standardized data elements. (E) Subsequent revisions Subsequent revisions to the operational list of standardized data elements shall be made through rulemaking. Such revisions may be based on experience and input from stakeholders. (2) System to report standardized data elements (A) In general Not later than 18 months after the date the Secretary posts the operational list of standardized data elements pursuant to paragraph (1)(D), the Secretary shall develop and implement an electronic system (which may be a web portal) for therapy providers to report the standardized data elements for individuals with respect to outpatient therapy services. (B) Consultation The Secretary shall seek comments from stakeholders regarding the best way to report the standardized data elements. (3) Reporting (A) Frequency of reporting The Secretary shall specify the frequency of reporting standardized data elements. The Secretary shall seek comments from stakeholders regarding the frequency of the reporting of such data elements. (B) Reporting requirement Beginning on the date the system to report standardized data elements under this subsection is operational, no payment shall be made under this part for outpatient therapy services furnished to an individual unless a therapy provider reports the standardized data elements for such individual. (4) Report on new payment system for outpatient therapy services (A) In general Not later than 24 months after the date described in paragraph (3)(B), the Secretary shall submit to Congress a report on the design of a new payment system for outpatient therapy services. The report shall include an analysis of the standardized data elements collected and other appropriate data and information. (B) Features Such report shall consider— (i) appropriate adjustments to payment (such as case mix and outliers); (ii) payments on an episode of care basis; and (iii) reduced payment for multiple episodes. (C) Consultation The Secretary shall consult with stakeholders regarding the design of such a new payment system. (5) Implementation (A) Funding For purposes of implementing this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $7,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2014 through 2018. Amounts transferred under this subparagraph shall remain available until expended. (B) Administration Chapter 35 (C) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the specification of standardized data elements required under this subsection or the system to report such standardized data elements. (D) Definition of outpatient therapy services and therapy provider In this subsection, the terms outpatient therapy services therapy provider . (2) Sunset of current claims-based collection of therapy data Section 3005(g)(1) of the Middle Class Tax Extension and Job Creation Act of 2012 (42 U.S.C. 1395l note) is amended, in the first sentence, by inserting and ending on the date the system to report standardized data elements under section 1834(p) of the Social Security Act ( 42 U.S.C. 1395m(p) January 1, 2013, (d) Reporting of certain information Section 1842(t) of the Social Security Act ( 42 U.S.C. 1395u(t) (3) Each request for payment, or bill submitted, by a therapy provider (as defined in section 1833(aa)(10)) for an outpatient therapy service (as defined in such section) furnished by a therapy assistant on or after January 1, 2015, shall include (in a form and manner specified by the Secretary) an indication that the service was furnished by a therapy assistant. . 203. Medicare ambulance services (a) Extension of certain ambulance add-on payments (1) Ground Ambulance Section 1834(l)(13)(A) of the Social Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended by striking April 1, 2014 January 1, 2019 (2) Super Rural Ambulance Section 1834(l)(12)(A) of the Social Security Act ( 42 U.S.C. 1395m(l)(12)(A) April 1, 2014 January 1, 2019 (b) Requiring ambulance providers To submit cost and other information Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) (16) Submission of cost and other information (A) Development of data collection system The Secretary shall develop a data collection system (which may include use of a cost survey and standardized definitions) for providers and suppliers of ambulance services to collect cost, revenue, utilization, and other information determined appropriate by the Secretary. Such system shall be designed to submit information— (i) needed to evaluate the appropriateness of payment rates under this subsection; (ii) on the utilization of capital equipment and ambulance capacity; and (iii) on different types of ambulance services furnished in different geographic locations, including rural areas and low population density areas described in paragraph (12). (B) Specification of data collection system (i) In general Not later than July 1, 2015, the Secretary shall— (I) specify the data collection system under subparagraph (A) and the time period during which such data is required to be submitted; and (II) identify the providers and suppliers of ambulance services who would be required to submit the information under such data collection system. (ii) Respondents Subject to subparagraph (D)(ii), the Secretary shall determine an appropriate sample of providers and suppliers of ambulance services to submit information under the data collection system for each period for which reporting of data is required. (C) Penalty for failure to report cost and other information Beginning on July 1, 2016, a 5 percent reduction to payments under this part shall be made for a 1-year prospective period specified by the Secretary to a provider or supplier of ambulance services who— (i) is identified under subparagraph (B)(i)(II) as being required to submit the information under the data collection system; and (ii) does not submit such information during the period specified under subparagraph (B)(i)(I). (D) Ongoing data collection (i) Revision of data collection system The Secretary may, as determined appropriate, periodically revise the data collection system. (ii) Subsequent data collection In order to continue to evaluate the appropriateness of payment rates under this subsection, the Secretary shall, for years after 2016 (but not less often than once every 3 years), require providers and suppliers of ambulance services to submit information for a period the Secretary determines appropriate. The penalty described in subparagraph (C) shall apply to such subsequent data collection periods. (E) Consultation The Secretary shall consult with stakeholders in carrying out the development of the system and collection of information under this paragraph, including the activities described in subparagraphs (A) and (D). Such consultation shall include the use of requests for information and other mechanisms determined appropriate by the Secretary. (F) Administration Chapter 35 (G) Limitations on review There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the data collection system or identification of respondents under this paragraph. (H) Funding for implementation For purposes of carrying out subparagraph (A), the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $1,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2014. Amounts transferred under this subparagraph shall remain available until expended. . 204. Revision of the Medicare-dependent hospital (MDH) program (a) Permanent extension of payment methodology (1) In general Section 1886(d)(5)(G) of the Social Security Act (A) in clause (i), by striking and before April 1, 2014, (B) in clause (ii)(II), by striking and before April 1, 2014, (2) Conforming amendments (A) Target amount Section 1886(b)(3)(D) of the Social Security Act (i) in the matter preceding clause (i), by striking and before April 1, 2014, (ii) in clause (iv), by striking through fiscal year 2013 and the portion of fiscal year 2014 before April 1, 2014 or a subsequent fiscal year (B) Hospital value-based purchasing program Section 1886(o)(7)(D)(ii)(I) of the Social Security Act (with respect to discharges occurring during fiscal year 2012 and 2013) (C) Hospital readmission reduction program Section 1886(q)(2)(B)(i) of the Social Security Act (with respect to discharges occurring during fiscal years 2012 and 2013) (D) Permitting hospitals to decline reclassification Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 42 U.S.C. 1395ww fiscal year 1998, fiscal year 1999, or fiscal year 2000 through the first 2 quarters of fiscal year 2014 or fiscal year 1998 or a subsequent fiscal year (b) GAO study and report on Medicare-dependent hospitals (1) Study The Comptroller General of the United States shall conduct a study on the following: (A) The payor mix of medicare-dependent, small rural hospitals (as defined in section 1886(d)(5)(G)(iv)), how such mix will trend in future years, and whether or not the requirement under subclause (IV) of such section should be revised. (B) The characteristics of medicare-dependent, small rural hospitals that meet the requirement of such subclause (IV) through the application of paragraph (a)(iii)(A) or (a)(iii)(B) of section 412.108 of the Code of Federal Regulations, including Medicare inpatient and outpatient utilization, payor mix, and financial status, including Medicare and total margins, and whether or not Medicare payments for such hospitals should be revised. (C) Such other items related to medicare-dependent, small rural hospitals as the Comptroller General determines appropriate. (2) Report Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) Implementation Notwithstanding any other provision of law, for purposes of fiscal year 2014, the Secretary of Health and Human Services may implement the provisions of, and the amendments made by, this section through program instruction or otherwise. 205. Revision of Medicare inpatient hospital payment adjustment for low-volume hospitals (a) In general Section 1886(d)(12) of the Social Security Act ( 42 U.S.C. 1395ww(d)(12) (1) in subparagraph (B)— (A) in the subparagraph heading, by inserting for fiscal years 2005 through 2010 increase (B) in the matter preceding clause (i), by striking and for discharges occurring in the portion of fiscal year 2014 beginning on April 1, 2014, fiscal year 2015, and subsequent years (2) in subparagraph (C)(i)— (A) by striking fiscal years 2011, 2012, and 2013, and the portion of fiscal year 2014 before fiscal year 2011 and subsequent fiscal years, (B) by striking or portion of fiscal year during the fiscal year (3) in subparagraph (D)— (A) in the heading, by striking Temporary applicable percentage increase Applicable percentage increase for fiscal year 2011 and subsequent fiscal years (B) by striking fiscal years 2011, 2012, and 2013, and the portion of fiscal year 2014 before April 1, 2014 fiscal year 2011 or a subsequent fiscal year (C) by striking or the portion of fiscal year in the fiscal year (b) Implementation Notwithstanding any other provision of law, for purposes of fiscal year 2014, the Secretary of Health and Human Services may implement the provisions of, and the amendments made by, this section through program instruction or otherwise. 206. Specialized Medicare Advantage plans for special needs individuals (a) Extension Section 1859(f)(1) of the Social Security Act ( 42 U.S.C. 1395w–28(f)(1) (1) by striking enrollment enrollment (A) In general Subject to subparagraphs (B) and (C), in the case ; (2) in subparagraph (A), as added by paragraph (1), by striking and for periods before January 1, 2016 (3) by adding at the end the following new subparagraphs: (B) Application to dual SNPs Subparagraph (A) shall only apply to a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) for periods before January 1, 2021. (C) Application to severe or disabling chronic condition SNPs Subparagraph (A) shall only apply to a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(iii) for periods before January 1, 2018. . (b) Increased integration of dual SNPs (1) In general Section 1859(f) of the Social Security Act ( 42 U.S.C. 1395w–28(f) (A) in paragraph (3), by adding at the end the following new subparagraph: (F) The plan meets the requirements applicable under paragraph (8). ; and (B) by adding at the end the following new paragraph: (8) Increased integration of dual SNPs (A) Designated contact The Secretary, acting through the Federal Coordinated Health Care Office (Medicare-Medicaid Coordination Office) established under section 2602 of the Patient Protection and Affordable Care Act (in this paragraph referred to as the MMCO (i) establish a uniform process for disseminating to State Medicaid agencies information under this title impacting contracts between such agencies and such plans under this subsection; and (ii) establish basic resources for States interested in exploring such plans as a platform for integration. (B) Unified grievances and appeals process (i) In general Not later than April 1, 2015, the Secretary shall establish procedures unifying the grievances and appeals procedures under sections 1852(f), 1852(g), 1902(a)(3), and 1902(a)(5) for items and services provided by specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) under this title and title XIX. The Secretary shall solicit comment in developing such procedures from States, plans, beneficiary representatives, and other relevant stakeholders. (ii) Procedures The procedures established under clause (i) shall— (I) adopt the most protective provisions for the enrollee under current law, including continuation of benefits under title XIX pending appeal if an appeal is filed in a timely manner; (II) take into account differences in State plans under title XIX; (III) be easily navigable by an enrollee; and (IV) include the elements described in clause (iii). (iii) Elements described The following elements are described in this clause: (I) Single notification of all applicable grievances and appeal rights under this title and title XIX. (II) Notices written in plain language and available in a language and format that is accessible to the enrollee. (III) Unified timeframes for internal and external grievances and appeals processes, such as an individual's filing of a grievance or appeal, a plan’s acknowledgment and resolution of a grievance or appeal, and notification of decisions with respect to a grievance or appeal. (IV) Guidelines to allow the plan to process, track, and resolve grievances and appeals, to ensure beneficiaries are notified on a timely basis of decisions that are made throughout the grievance or appeals process and are able to easily determine the status of a grievance or appeal. (C) Requirement for unified grievances and appeals (i) In general For 2016 and subsequent years, the contract of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) with a State Medicaid agency under this subsection shall require the use of unified grievances and appeals procedures as described in subparagraph (B). (ii) Consideration of application for other SNPs The Secretary shall consider applying the unified grievances and appeals process described in subparagraph (B) to specialized MA plans for special needs individuals described in subsection (b)(6)(B)(i) and subsection (b)(6)(B)(iii) that have a substantial portion of enrollees who are dually eligible for benefits under this title and title XIX and are at risk for full benefits under title XIX. (D) Requirement for full integration for certain dual SNPs (i) Requirement Subject to the succeeding provisions of this subparagraph, for 2018 and subsequent years, a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) shall— (I) integrate all benefits under this title and title XIX; and (II) meet the requirements of a fully integrated plan described in section 1853(a)(1)(B)(iv)(II) (other than the requirement that the plan have similar average levels of frailty, as determined by the Secretary, as the PACE program), including with respect to long-term care services or behavioral health services to the extent State law permits capitation of those services under such plan. (ii) Initial sanctions for failure to meet requirement for 2018 or 2019 For each of 2018 and 2019, if the Secretary determines that a plan has failed to meet the requirement described in clause (i), the Secretary shall impose one of the following on the plan: (I) A reduction in payment to the plan under this part in an amount at least equal to the portion of the monthly rebate computed under section 1854(b)(1)(C)(i) for the plan and year that would otherwise be kept by the plan after application of the beneficiary rebate rule under section 1854(b)(1)(C). (II) Closing enrollment in the plan. (III) Sanctioning the plan in accordance with section 1857(g). (IV) Other reasonable action (other than the sanction described in clause (iii)) the Secretary determines appropriate. (iii) Sanctions for failure to meet requirement for 2020 and subsequent years For 2020 and subsequent years, if the Secretary determines that a plan has failed to meet the requirement described in clause (i), the plan shall be deemed to no longer meet the definition of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii). (iv) Limitation This subparagraph shall not apply to a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) that only enrolls individuals for whom the only medical assistance to which the individuals are entitled under the State plan is medicare cost sharing described in section 1905(p)(3)(A)(ii). . (2) Conforming amendment to responsibilities of Federal Coordinated Health Care Office (MMCO) Section 2602(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1315b(d) (6) To act as a designated contact for States under subsection (f)(8)(A) of section 1859 of the Social Security Act ( 42 U.S.C. 1395w–28 . (c) Improvements to severe or disabling chronic condition SNPs Section 1859(f)(5) of the Social Security Act ( 42 U.S.C. 1395w–28(f)(5) (1) by striking all SNPs all SNPs (A) In general Subject to subparagraph (B), the requirements ; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (3) in clause (ii), as redesignated by paragraph (2), by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; and (4) by adding at the end the following new subparagraph: (B) Improvements to care management requirements for severe or disabling chronic condition SNPs For 2016 and subsequent years, in the case of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(iii), the requirements described in this paragraph include the following: (i) The interdisciplinary team under subparagraph (A)(ii)(III) includes a team of providers with demonstrated expertise, including training in an applicable specialty, in treating individuals similar to the targeted population of the plan. (ii) Requirements developed by the Secretary to provide face-to-face encounters with individuals enrolled in the plan not less frequently than on an annual basis. (iii) As part of the model of care under clause (i) of subparagraph (A), the results of the initial assessment and annual reassessment under clause (ii)(I) of such subparagraph of each individual enrolled in the plan are addressed in the individual’s individualized care plan under clause (ii)(II) of such subparagraph. (iv) As part of the annual evaluation and approval of such model of care, the Secretary shall take into account whether the plan fulfilled the previous year’s goals (as required under the model of care). (v) The Secretary shall establish a minimum benchmark for each element of the model of care of a plan. The Secretary shall only approve a plan's model of care under this paragraph if each element of the model of care meets the minimum benchmark applicable under the preceding sentence. . (d) GAO Study on Quality Improvement (1) Study The Comptroller General of the United States shall conduct a study on how the Secretary of Health and Human Services could change the quality measurement system under the Medicare Advantage program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. (2) Report Not later than July 1, 2016, the Comptroller General shall submit to Congress a report containing the results of the study under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (e) Changes to quality ratings and measurement of SNPs and determination of feasability of quality measurement at the plan level Section 1853(o) of the Social Security Act ( 42 U.S.C. 1395w–23(o) (6) Changes to quality ratings of SNPs (A) Emphasis on improvement across SNPs Subject to subparagraph (B), beginning in plan year 2016, in the case of a specialized MA plan for special needs individuals, the Secretary shall increase the emphasis on the plan’s improvement or decline in performance when determining the star rating of the plan under this subsection for the year as follows: (i) (I) For plan year 2016, at least 10 percent, but not more than 12 percent, of the total star rating of the plan shall be based on improvement or decline in performance. (II) For plan year 2017 and subsequent plan years, at least 12 percent, but not more than 15 percent, of the total star rating of the plan shall be based on improvement or decline in performance. (ii) Improvement or decline in performance under this subparagraph shall be measured based on net change in the individual star rating measures of the plan, with appropriate weight given to specific individual star ratings measures, such as readmission rates, as determined by the Secretary. (iii) The Secretary shall make an appropriate adjustment to the improvement rating of a plan under this subparagraph if the plan has achieved a 4.5-star rating or the highest rating possible overall or for an individual measure in order to ensure that the plan is not punished in cases where it is not possible to improve. (B) No application to certain plans Subparagraph (A) shall not apply, with respect to a year, to a specialized MA plan for special needs individuals that has a rating that is less than two-and-one-half stars. (C) Quality Measurement at the Plan Level (i) In general The Secretary may require reporting for and apply under this subsection quality measures at the plan level for specialized MA plan for special needs individuals instead of at the contract level. (ii) Consideration The Secretary shall take into consideration the minimum number of enrollees in a specialized MA plan for special needs individuals in order to determine if a statistically significant or valid measurement of quality at the plan level is possible under clause (i). (iii) Application If the Secretary applies quality measurement at the plan level under this subparagraph— (I) such quality measurement shall include Medicare Health Outcomes Survey (HOS), Healthcare Effectiveness Data and Information Set (HEDIS), and Consumer Assessment of Healthcare Providers and Systems (CAHPS) measures; and (II) payment and other administrative actions linked to quality measurement (including the 5-star rating system under this subsection) shall be applied at the plan level in accordance with this subparagraph. (7) Determination of feasibility of quality measurement at the plan level (A) Determination of feasibility The Secretary shall determine the feasibility of requiring reporting for and applying under this subsection quality measures at the plan level for all MA plans under this part. (B) Consideration of change After making a determination under subparagraph (A), the Secretary shall consider requiring such reporting and applying such quality measures at the plan level as described in such subparagraph. . 207. Reasonable cost reimbursement contracts (a) One-year transition and notice regarding transition Section 1876(h)(5)(C) of the Social Security Act ( 42 U.S.C. 1395mm(h)(5)(C) (1) in clause (ii), in the matter preceding subclause (I), by striking For any Subject to clause (iv), for any (2) by adding at the end the following new clauses: (iv) In the case of an eligible organization that is offering a reasonable cost reimbursement contract that may no longer be extended or renewed because of the application of clause (ii), the following shall apply: (I) Notwithstanding such clause, such contract may be extended or renewed for the two years subsequent to the previous year described in clause (ii). The second of the two years described in the preceding sentence with respect to a contract is referred to in this subsection as the last reasonable cost reimbursement contract year for the contract (II) The organization may not enroll any new enrollees under such contract during the last reasonable cost reimbursement contract year for the contract. (III) Not later than a date determined appropriate by the Secretary prior to the beginning of the last reasonable cost reimbursement contract year for the contract, the organization shall provide notice to the Secretary as to whether or not the organization will apply to have the contract converted over and offered as a Medicare Advantage plan under part C for the year following the last reasonable cost reimbursement contract year for the contract. (IV) If the organization provides the notice described in subclause (III) that the contract will be converted, the organization shall, not later than a date determined appropriate by the Secretary, provide the Secretary with such information as the Secretary determines appropriate in order to carry out sections 1851(c)(4) and 1854(a)(5), including subparagraph (C) of such section. (v) If an eligible organization that is offering a reasonable cost reimbursement contract that is extended or renewed pursuant to clause (iv) provides the notice described in clause (iv)(III) that the contract will be converted, the following provisions shall apply: (I) The deemed enrollment under section 1851(c)(4). (II) The special rule for quality increases under 1853(o)(3)(A)(iv). . (b) Deemed enrollment from reasonable cost reimbursement contracts converted to Medicare Advantage plans (1) In general Section 1851(c) of the Social Security Act ( 42 U.S.C. 1395w–21(c) (A) in paragraph (1), by striking Such elections Subject to paragraph (4), such elections (B) by adding at the end the following: (4) Deemed enrollment relating to converted reasonable cost reimbursement contracts (A) In general On the first day of the annual, coordinated election period under subsection (e)(3) for plan years beginning on or after January 1, 2017, an MA eligible individual described in clause (i) or (ii) of subparagraph (B) is deemed to have elected to receive benefits under this title through an applicable MA plan (and shall be enrolled in such plan) beginning with such plan year, if— (i) the individual is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year; (ii) such reasonable cost reimbursement contract was extended or renewed for the last reasonable cost reimbursement contract year of the contract pursuant to section 1876(h)(5)(C)(iv); (iii) the eligible organization that is offering such reasonable cost reimbursement contract provided the notice described in subclause (III) of such section that the contract was to be converted; (iv) the applicable MA plan— (I) is the plan that was converted from the reasonable cost reimbursement contract described in clause (iii); (II) is offered by the same entity (or an organization affiliated with such entity that has a common ownership interest of control) that entered into such contract; and (III) is offered in the service area where the individual resides; (v) the applicable MA plan provides benefits, premiums, and access to in-network and out-of-network providers that are comparable to the benefits, premiums, and access to in-network and out-of-network providers under such reasonable cost reimbursement contract for the previous plan year; and (vi) the applicable MA plan— (I) allows enrollees transitioning from the converted reasonable cost contract to such plan to maintain current providers and course of treatment at the time of enrollment for at least 90 days after enrollment; and (II) during such period, pays non-contracting providers for items and services furnished to the enrollee an amount that is not less than the amount of payment applicable for those items and services under the original medicare fee-for-service program under parts A and B. (B) MA eligible individuals described (i) Without prescription drug coverage An MA eligible individual described in this clause, with respect to a plan year, is an MA eligible individual who is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year and who does not, for such previous plan year, receive any prescription drug coverage under part D, including coverage under section 1860D–22. (ii) With prescription drug coverage An MA eligible individual described in this clause, with respect to a plan year, is an MA eligible individual who is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year and who, for such previous plan year, receives prescription drug coverage under part D— (I) through such contract; or (II) through a prescription drug plan, if the sponsor of such plan is the same entity (or an organization affiliated with such entity) that entered into such contract. (C) Applicable MA plan defined In this paragraph, the term applicable MA plan (i) subparagraph (B)(i), an MA plan that is not an MA–PD plan; and (ii) subparagraph (B)(ii), an MA–PD plan. (D) Identification and notification of deemed individuals Not later than 30 days before the first day of the annual, coordinated election period under subsection (e)(3) for plan years beginning on or after January 1, 2017, the Secretary shall identify and notify the individuals who will be subject to deemed elections under subparagraph (A) . (2) Beneficiary option to discontinue or change MA plan or MA–PD plan after deemed enrollment (A) In general Section 1851(e)(2) of the Social Security Act ( 42 U.S.C. 1395w–21(e)(4) (F) Special period for certain deemed elections (i) In general At any time during the period beginning after the last day of the annual, coordinated election period under paragraph (3) in which an individual is deemed to have elected to enroll in an MA plan or MA–PD plan under subsection (c)(4) and ending on the last day of February of the first plan year for which the individual is enrolled in such plan, such individual may change the election under subsection (a)(1) (including changing the MA plan or MA–PD plan in which the individual is enrolled). (ii) Limitation of one change An individual may exercise the right under clause (i) only once during the applicable period described in such clause. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under paragraph (4). . (B) Conforming amendments (i) Plan requirement for open enrollment Section 1851(e)(6)(A) of the Social Security Act ( 42 U.S.C. 1395w–21(e)(6)(A) paragraph (1), paragraph (1), during the period described in paragraph (2)(F), (ii) Part D Section 1860D–1(b)(1)(B) of such Act ( 42 U.S.C. 1395w–101(b)(1)(B) (I) in clause (ii), by adding and paragraph (4) paragraph (3)(A) (II) in clause (iii) by striking and (E) (E), and (F) (3) Treatment of ESRD for deemed enrollment Section 1851(a)(3)(B) of the Social Security Act ( 42 U.S.C. 1395w–21(a)(3)(B) An individual who develops end-stage renal disease while enrolled in a reasonable cost reimbursement contract under section 1876(h) shall be treated as an MA eligible individual for purposes of applying the deemed enrollment under subsection (c)(4). . (c) Information requirements Section 1851(d)(2)(B) of the Social Security Act ( 42 U.S.C. 1395w–21(d)(2)(B) (1) by striking the subparagraph heading and inserting the following: (i) (2) by adding at the end the following: (ii) Notification related to certain deemed elections The Secretary shall require the converting cost plan to mail, not later than 15 days prior to the first day of the annual, coordinated election period under subsection (e)(3) of a year, to any individual identified by the Secretary under subsection (c)(4)(D) for such year— (I) a notification that such individual will, on such day, be deemed to have made an election to receive benefits under this title through an MA plan or MA–PD plan (and shall be enrolled in such plan) for the next plan year under subsection (c)(4)(A), but that the individual may make a different election during the annual, coordinated election period for such year; (II) the information described in subparagraph (A); (III) a description of the differences between such MA plan or MA–PD plan and the reasonable cost reimbursement contract in which the individual was most recently enrolled with respect to benefits covered under such plans, including cost-sharing, premiums, drug coverage, and provider networks; (IV) information about the special period for elections under subsection (e)(2)(F); and (V) other information the Secretary may specify . (d) Treatment of transition plan for quality rating for payment purposes Section 1853(o)(4) of the Social Security Act ( 42 U.S.C. 1395w–23(o)(4) (C) Special rule for first 3 plan years for plans that were converted from a reasonable cost reimbursement contract For purposes of applying paragraph (1) and section 1854(b)(1)(C) for the first 3 plan years under this part in the case of an MA plan to which deemed enrollment applies under section 1851(c)(4)— (i) such plan shall not be treated as a new plan (as defined in paragraph (3)(A)(iii)(II)); and (ii) in determining the star rating of the plan under subparagraph (A), to the extent that Medicare Advantage data for such plan is not available for a measure used to determine such star rating, the Secretary shall use data from the period in which such plan was a reasonable cost reimbursement contract. . 208. Quality measure endorsement and selection (a) Contract with an entity regarding input on the selection of measures (1) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (A) by redesignating section 1890A as section 1890B; and (B) by inserting after section 1890 the following new section: 1890A Contract with an entity regarding input on the selection of measures (a) Contract (1) In general For purposes of activities conducted under this Act, the Secretary shall identify and have in effect a contract with an entity that meets the requirements described in subsection (c). Such contract shall provide that the entity will perform the duties described in subsection (b). (2) Timing for first contract The first contract under paragraph (1) shall begin on, or as soon as practicable after, October 1, 2014. (3) Period of contract A contract under paragraph (1) shall be for a period of 3 years (except as may be renewed after a subsequent bidding process). (4) Competitive procedures Competitive procedures (as defined in section 4(5) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(5) (b) Duties The duties described in this subsection are the following: (c) Requirements described The requirements described in this subsection are the following: (1) Private nonprofit, board membership, membership fees, and not a measure developer The requirements described in paragraphs (1), (2), (7), and (8) of section 1890(c). (2) Experience The entity has at least 4 years of experience working with quality and efficiency measures. . (2) Duties of entity (A) Transfer of priority setting process Paragraph (1) of section 1890(b) of the Social Security Act ( 42 U.S.C. 1395aaa(b) (B) Transfer of multi-stakeholder process Paragraphs (7) and (8) of such section 1890(b) are redesignated as paragraphs (2) and (3), respectively, of section 1890A(b) of such Act, as added by paragraph (1) and amended by subparagraph (A). (C) Additional duties Section 1890A(b) of such Act, as added by paragraph (1) and amended by subparagraphs (A) and (B), is amended by adding at the end the following new paragraphs: (4) Facilitation to better coordinate and align public and private sector use of quality measures (A) In general The entity shall facilitate increased coordination and alignment between the public and private sector with respect to quality and efficiency measures. (B) Reports The entity shall prepare and make available to the public annual reports on its findings under this paragraph. Such public availability shall include posting each report on the Internet website of the entity. (5) Gap analysis The entity shall conduct an ongoing analysis of— (A) gaps in endorsed quality and efficiency measures, which shall include measures that are within priority areas identified by the Secretary under the national strategy established under section 399HH of the Public Health Service Act; and (B) areas where quality measures are unavailable or inadequate to identify or address such gaps. (6) Annual report to congress and the Secretary; Secretarial publication and comment (A) Annual report By not later than June 1 of each year, the entity shall submit to Congress and the Secretary a report containing— (i) a description of— (I) the recommendations made under paragraph (1); (II) the matters described in clauses (i) and (ii) of paragraph (2)(A); (III) the results of the analysis under paragraph (5); and (IV) the performance by the entity of the duties required under the contract entered into with the Secretary under subsection (a); and (ii) any other items determined appropriate by the Secretary. (B) Secretarial review and publication of annual report Not later than 6 months after receiving a report under subparagraph (A), the Secretary shall— (i) review such report; and (ii) publish such report in the Federal Register, together with any comments of the Secretary on such report. . (D) Additional amendments Section 1890A(b) of such Act, as so added and amended, is amended— (i) in paragraph (2)— (I) in subparagraph (A)(i)— (aa) in subclause (I), by inserting with a contract under section 1890 entity (bb) in subclause (II), by striking such entity the entity with a contract under section 1890 (II) in the heading of subparagraph (B) by inserting and efficiency Quality (III) in subparagraph (B)(i)(III), by striking this Act this title (IV) by adding at the end the following new subparagraphs: (E) Input In providing the input described in subparagraph (A), the multi-stakeholder groups— (i) shall include a detailed description of the rationale for each recommendation made by the multi-stakeholder group, including in areas relating to— (I) the expected impact that implementing the measure will have on individuals; (II) the burden on providers of services and suppliers; (III) the expected influence over the behavior of providers of services and suppliers; (IV) the applicability of a measure for more than one setting or program; and (V) other areas determined in consultation with the Secretary; and (ii) may consider whether it is appropriate to provide separate recommendations with respect to measures for internal use, public reporting, and payment provisions. (F) Equal representation In convening multi-stakeholder groups pursuant to this paragraph, the entity shall, to the extent feasible, make every effort to ensure such groups are balanced across stakeholders. ; and (ii) in paragraph (3), by striking Not later Not later than the applicable dates described in section 1890B(a)(3) of each year (or, as applicable, the timeframe described in section 1890B(a)(4)), the entity shall transmit to the Secretary the input of the multi-stakeholder groups under paragraph (2). (b) Revisions to contract with consensus-based entity (1) Contract Section 1890(a) of the Social Security Act (42 U.S.C. 1395aaa(a)) is amended— (A) in paragraph (1), by striking , such as the National Quality Forum, (B) in paragraph (3), by striking 4 years 3 years (2) Duties Section 1890(b) of the Social Security Act (42 U.S.C. 1395aaa(b)), as amended by subsection (a)(2), is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (B) in paragraph (2), as redesignated by subparagraph (A), by striking paragraph (2) paragraph (1) (C) by striking paragraphs (5) and (6); and (D) by adding at the end the following new paragraphs: (3) Facilitation to better coordinate and align public and private sector use of quality measures (A) In general The entity shall facilitate increased coordination and alignment between the public and private sector with respect to quality and efficiency measures. (B) Reports The entity shall prepare and make available to the public annual reports on its findings under this paragraph. Such public availability shall include posting each report on the Internet website of the entity. (4) Annual report to congress and the Secretary; secretarial publication and comment (A) Annual report By not later than March 1 of each year, the entity shall submit to Congress and the Secretary a report containing— (i) a description of— (I) the coordination of quality initiatives under this title and titles XIX and XXI with quality initiatives implemented by other payers; (II) areas in which evidence is insufficient to support endorsement of quality measures in priority areas identified by the Secretary under the national strategy established under section 399HH of the Public Health Service Act and where targeted research may address such gaps; and (III) the performance by the entity of the duties required under the contract entered into with the Secretary under subsection (a); and (ii) any other items determined appropriate by the Secretary. (B) Secretarial review and publication of annual report Not later than 6 months after receiving a report under subparagraph (A), the Secretary shall— (i) review such report; and (ii) publish such report in the Federal Register, together with any comments of the Secretary on such report. . (3) Requirements Section 1890(c) of the Social Security Act (42 U.S.C. 1395aaa(c)) is amended by adding at the end the following new paragraph: (8) Not a measure developer The entity is not a measure developer. . (c) Revisions to duties of the Secretary regarding use of measures (1) In general Section 1890B(a) of the Social Security Act (42 U.S.C. 1395aaa–1(a)), as redesignated by subsection (a)(1)(A), is amended— (A) by striking section 1890(b)(7)(B) section 1890A(b)(2)(B) (B) in paragraph (1)— (i) by striking section 1890(b)(7) section 1890A(b)(2) (ii) by striking section 1890 section 1890A (C) by striking paragraphs (2) and (3) and inserting the following: (2) Public availability of measures considered for selection Subject to paragraph (4), not later than October 1 or December 31 of each year (or as soon as practicable after such dates for the first year of the contract), the Secretary shall make available to the public a list of quality and efficiency measures described in section 1890A(b)(2)(B) that the Secretary is considering under this title. The Secretary shall provide for an appropriate balance of the number of measures to be made available by each such date in a year. (3) Transmission of multi-stakeholder input (A) In general Subject to paragraph (4), not later than the applicable date described in subparagraph (B) of each year, the entity with a contract under section 1890A shall, pursuant to subsection (b)(3) of such section, transmit to the Secretary the input of multi-stakeholder groups described in paragraph (1). (B) Applicable date described The applicable date described in this subparagraph for a year is— (i) February 1 (or as soon as practicable after such date for the first year of the contract) with respect to quality and efficiency measures made available under paragraph (2) by October 1 of the preceding year; and (ii) April 1 (or as soon as practicable after such dates for the first year of the contract) with respect to quality and efficiency measures made available under paragraph (2) by December 31 of the preceding year. ; (D) by redesignating— (i) paragraph (6) as paragraph (8); and (ii) paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (E) by inserting after paragraph (3) the following new paragraph: (4) Limited process for additional multi-stakeholder input In addition to the Secretary making measures publically available pursuant to the dates described in paragraph (2) and multi-stakeholder groups transmitting the input pursuant to the applicable dates described in paragraph (3)— (A) the Secretary may, at times that do not meet the time requirements described in paragraph (2), make available to the public a limited number of quality and efficiency measures described in section 1890A(b)(2) that the Secretary is considering under this title; and (B) if the Secretary uses the authority under subparagraph (A), the entity with a contract under section 1890A shall, pursuant to section 1890A(b)(3), transmit to the Secretary on a timely basis the input from a multi-stakeholder group described in paragraph (1) with respect to such measures. ; (F) in paragraph (6), as redesignated by subparagraph (D)(ii), by inserting or that has not been recommended by the multi-stakeholder group under section 1890A(b)(2) (G) by inserting after paragraph (6) the following new paragraph: (7) Concordance rates For each year (beginning with 2015), the Secretary shall include a list of concordance rates with respect to the input provided under section 1890A(b)(2)(A) for those new measures adopted for each type of provider of services and supplier in the annual final rule applicable to such type of provider or supplier. . (2) Review Section 1890B(c) of the Social Security Act (42 U.S.C. 1395aaa–1(c)), as redesignated by subsection (a)(1)(A), is amended— (A) in paragraph (1)(A), by striking section 1890(b)(7)(B) section 1890A(b)(2)(B) (B) in paragraph (2)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B), by striking the period at the end and inserting ; and (iii) by adding at the end the following new subparagraph: (C) take into consideration the benefits of the alignment of measures between the public and private sector. . (d) Funding for quality measure endorsement, input, and selection (1) Fiscal year 2014 In addition to amounts transferred under section 3014(c) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (2) Fiscal years 2015 through 2017 Section 1890B of the Social Security Act (42 U.S.C. 1395aaa–1), as redesignated by subsection (a)(1)(A), is amended by adding at the end the following new subsection: (g) Funding (1) In general For purposes of carrying out this section (other than subsections (e) and (f)) and sections 1890 and 1890A, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841, in such proportion as the Secretary determines appropriate, to the Centers for Medicare & Medicaid Services Program Management Account of $25,000,000 for each of fiscal years 2015 through 2017. (2) Availability Amounts transferred under paragraph (1) shall remain available until expended. . (3) Conforming amendment Subsection (d) of section 1890 of the Social Security Act (42 U.S.C. 1395aaa) is repealed. (e) Conforming amendments (1) Section 1848(m)(3)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E)(iii) section 1890(b)(7) and 1890A(a) section 1890A(b)(2) and 1890B(a) (2) Section 1866D(b)(2)(C) of the Social Security Act ( 42 U.S.C. 1395cc–4(b)(2)(C) section 1890 and 1890A sections 1890, 1890A, and 1890B (3) Section 1899A(n)(2)(A) of the Social Security Act ( 42 U.S.C. 1395cc–4(n)(2)(A) section 1890(b)(7)(B) section 1890A(b)(2)(B) (f) Effective date (1) In general The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to contract periods under sections 1890 and 1890A of the Social Security Act that begin on or after such date. (2) New contracts The Secretary of Health and Human Services shall enter into a new contract under both sections 1890 and 1890A of the Social Security Act, as amended by this Act, for a contract period beginning on, or as soon as practicable after, October 1, 2014. 209. Permanent extension of funding outreach and assistance for low-income programs (a) Additional funding for State health insurance programs Subsection (a)(1)(B)(iv) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 ( 42 U.S.C. 1395b–3 Public Law 111–148 Public Law 113–67 (iv) for fiscal year 2014 and for each subsequent fiscal year, $7,500,000. . (b) Additional funding for area agencies on aging Subsection (b)(1)(B)(iv) of such section 119, as so amended, is amended to read as follows: (iv) for fiscal year 2014 and for each subsequent fiscal year, $7,500,000. . (c) Additional funding for aging and disability resource centers Subsection (c)(1)(B)(iv) of such section 119, as so amended, is amended to read as follows: (iv) for fiscal year 2014 and for each subsequent fiscal year, $5,000,000. . (d) Additional funding for contract with the national center for benefits and outreach enrollment Subsection (d)(2)(iv) of such section 119, as so amended, is amended to read as follows: (iv) for fiscal year 2014 and for each subsequent fiscal year, $5,000,000. . B Medicaid and Other Extensions 211. Qualifying individual program (a) Extension Section 1902(a)(10)(E)(iv) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(E)(iv) March 2104 December 2018 (b) Eliminating limitations on eligibility Section 1933 of the Social Security Act ( 42 U.S.C. 1396u–3 (c) Eliminating allocations Section 1933 of the Social Security Act ( 42 U.S.C. 1396u–3 (d) Conforming amendments (1) In general Section 1933 of the Social Security Act ( 42 U.S.C. 1396u–3 (A) by striking subsection (a) and inserting the following new subsection: (a) Applicable FMAP With respect to assistance described in section 1902(a)(10)(E)(iv) furnished in a State, the Federal medical assistance percentage shall be equal to 100 percent. ; (B) by striking subsection (d); and (C) by redesignating subsection (f) as subsection (b). (2) Definition of FMAP Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) section 1933(d) section 1933(a) (e) Effective date The amendments made by this section shall take effect on April 1, 2014, and shall apply with respect to calendar quarters beginning on or after such date. 212. Transitional Medical Assistance (a) Extension Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act ( 42 U.S.C. 1396a(e)(1)(B) March 31, 2014 December 31, 2018 (b) Opt-out option for States that expand adult coverage and provide 12-month continuous eligibility under Medicaid and CHIP (1) In general Section 1925 of the Social Security Act ( 42 U.S.C. 1396r–6 (A) in subsection (a)— (i) in paragraph (1)(A), by striking paragraph (5) paragraphs (5) and (6) (ii) by adding at the end the following: (6) Opt-out option for States that expand adult coverage and provide 12-month continuous eligibility under Medicaid and CHIP (A) In general In the case of a State described in subparagraph (B), the State may elect through a State plan amendment to have this section and sections 408(a)(11)(A), 1902(a)(52), 1902(e)(1), and 1931(c)(2) not apply to the State. (B) State described A State is described in this subparagraph if the State is one of the 50 States or the District of Columbia and— (i) has elected to provide medical assistance to individuals under subclause (VIII) of section 1902(a)(10)(A)(i); (ii) has elected under section 1902(e)(12)(A) the option to provide continuous eligibility for a 12-month period for individuals under 19 years of age; (iii) has elected under section 1902(e)(12)(B) the option to provide continuous eligibility for a 12-month period for all categories of individuals described in that section; and (iv) has elected to apply section 1902(e)(12)(A) to the State child health plan under title XXI. ; and (B) in subsection (b)(1), by striking subsection (a)(5) paragraphs (5) and (6) of subsection (a) (2) Conforming amendment to 4-month requirement Section 1902(e)(1) of the Social Security Act ( 42 U.S.C. 1396a(e)(1) (A) in subparagraph (B), by striking Subparagraph (A) Subject to subparagraph (C), subparagraph (A) (B) by adding at the end the following: (C) If a State has made an election under section 1925(a)(6), subparagraph (A) and section 1925 shall not apply to the State. . (c) Extension of 12-month continuous eligibility option to certain adult enrollees under Medicaid; clarification of application to CHIP (1) In general Section 1902(e)(12) of the Social Security Act ( 42 U.S.C. 1396a(e)(12) (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) by inserting (A) (12) (C) by adding at the end the following: (B) At the option of the State, the plan may provide that an individual who is determined to be eligible for benefits under a State plan approved under this title under any of the following eligibility categories, or who is redetermined to be eligible for such benefits under any of such categories, shall be considered to meet the eligibility requirements met on the date of application and shall remain eligible for those benefits until the end of the 12–month period following the date of the determination or redetermination of eligibility: (i) Section 1902(a)(10)(A)(i)(VIII). (ii) Section 1931. . (2) Application to CHIP Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) (A) by redesignating subparagraphs (E) through (O) as subparagraphs (F) through (P), respectively; and (B) by inserting after subparagraph (D), the following: (E) Section 1902(e)(12)(A) (relating to the State option for 12-month continuous eligibility and enrollment). . (d) Conforming and technical amendments relating to section 1931 transitional coverage requirements (1) In general Section 1931(c) of the Social Security Act ( 42 U.S.C. 1396u–1(c) (A) in paragraph (1)— (i) in the paragraph heading, by striking child spousal (ii) by striking The provisions Subject to paragraph (3), the provisions (iii) by striking child or (B) in paragraph (2), by striking For continued Subject to paragraph (3), for continued (C) by adding at the end the following: (3) Opt-out option for States that expand adult coverage and provide 12-month continuous eligibility under Medicaid and CHIP (A) In general In the case of a State described in subparagraph (B), the State may elect through a State plan amendment to have paragraphs (1) and (2) of this subsection and sections 408(a)(11), 1902(a)(52), 1902(e)(1), and 1925 not apply to the State. (B) State described A State is described in this subparagraph if the State is one of the 50 States or the District of Columbia and— (i) has elected to provide medical assistance to individuals under subclause (VIII) of section 1902(a)(10)(A)(i); (ii) has elected under section 1902(e)(12)(A) the option to provide continuous eligibility for a 12-month period for individuals under 19 years of age; (iii) has elected under section 1902(e)(12)(B) the option to provide continuous eligibility for a 12-month period for all categories of individuals described in that section; and (iv) has elected to apply section 1902(e)(12)(A) to the State child health plan under title XXI. . (2) Conforming amendment to section 408 Section 408(a)(11) of the Social Security Act ( 42 U.S.C. 608(a)(11) (A) in the paragraph heading, by striking child spousal (B) in subparagraph (B)— (i) in the subparagraph heading, by striking Child Spousal (ii) by striking child or (e) Conforming amendment relating to maintenance of effort for children Section 1902(gg)(4) of the Social Security Act ( 42 U.S.C. 1396a(gg)(4) (C) States that expand adult coverage and elect to opt-out of transitional coverage (i) In general For purposes of determining compliance with the requirements of paragraph (2), a State which exercises the option under sections 1925(a)(6) and 1931(c)(3) to provide no transitional medical assistance or other extended eligibility (as applicable) shall not, as a result of exercising such option, be considered to have in effect eligibility standards, methodologies, or procedures described in clause (ii) that are more restrictive than the standards, methodologies, or procedures in effect under the State plan or under a waiver of the plan on the date of enactment of the Patient Protection and Affordable Care Act. (ii) Standards, methodologies, or procedures described The eligibility standards, methodologies, or procedures described in this clause are those standards, methodologies, or procedures applicable to determining the eligibility for medical assistance of any child under 19 years of age (or such higher age as the State may have elected). . (f) Effective date The amendments made by this section shall take effect on April 1, 2014. 213. Express lane eligibility Section 1902(e)(13)(I) of the Social Security Act ( 42 U.S.C. 1396a(e)(13)(I) September 30, 2014 September 30, 2015 214. Pediatric quality measures (a) Continuation of funding for pediatric quality measures for improving the quality of children's health care Section 1139B(e) of the Social Security Act (42 U.S.C. 1320b–9b(e)) is amended by adding at the end the following: Of the funds appropriated under this subsection, not less than $15,000,000 shall be used to carry out section 1139A(b). (b) Elimination of restriction on medicaid quality measurement program Section 1139B(b)(5)(A) of the Social Security Act (42 U.S.C. 1320b–9b(b)(5)(A)) is amended by striking The aggregate amount awarded by the Secretary for grants and contracts for the development, testing, and validation of emerging and innovative evidence-based measures under such program shall equal the aggregate amount awarded by the Secretary for grants under section 1139A(b)(4)(A) 215. Special diabetes programs (a) Special diabetes programs for type I Section 330B(b)(2)(C) of the Public Health Service Act ( 42 U.S.C. 254c–2(b)(2)(C) 2014 2019 (b) Special diabetes programs for indians Section 330C(c)(2)(C) of the Public Health Service Act ( 42 U.S.C. 254c–3(c)(2)(C) 2014 2019 C Human Services Extensions 221. Abstinence education grants (a) In general Section 510 of the Social Security Act ( 42 U.S.C. 710 (1) in subsection (a), in the matter preceding paragraph (1), by striking 2010 through 2014 2015 through 2019 (2) in subsection (d)— (A) by striking 2010 through 2014 2015 through 2019 (B) by striking the second sentence. (b) Effective date The amendments made by this section shall take effect on October 1, 2014. 222. Personal responsibility education program (a) In general Section 513 of the Social Security Act ( 42 U.S.C. 713 (1) in subsection (a)— (A) in paragraph (1)(A), by striking 2010 through 2014 2015 through 2019 (B) in paragraph (4)— (i) in subparagraph (A)— (I) by striking 2010 or 2011 2015 or 2016 (II) by striking 2010 through 2014 2015 through 2019 (III) by striking 2012 through 2014 2017 through 2019 (ii) in subparagraph (B)(i)— (I) by striking 2012, 2013, and 2014 2017, 2018, and 2019 (II) by striking 2010 or 2011 2015 or 2016 (C) in paragraph (5), by striking 2009 2014 (2) in subsection (b)(2)(A), in the matter preceding clause (i), by inserting and youth at risk of becoming victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) 22 U.S.C. 7102(9)(A) adolescents (3) in subsection(c)(1), by inserting youth at risk of becoming victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) 22 U.S.C. 7102(9)(A) youth in foster care, (4) in subsection (f), by striking 2010 through 2014 2015 through 2019 (b) Effective date The amendments made by this section shall take effect on October 1, 2014. 223. Family-to-family health information centers (a) In general Section 501(c) of the Social Security Act ( 42 U.S.C. 701(c) (1) in paragraph (1)(A), by striking clause (iv) and inserting the following: (iv) $6,000,000 for each of fiscal years 2014 through 2018. ; and (2) by striking paragraph (5). (b) Prevention of duplicate appropriations for fiscal year 2014 Expenditures made for fiscal year 2014 pursuant to section 501(c)(iv) of the Social Security Act (42 U.S.C. 701(c)(iv)), as amended by section 1203 of division B of the Bipartisan Budget Act of 2013 ( Public Law 113–67 224. Health workforce demonstration project for low-income individuals Section 2008(c)(1) of the Social Security Act ( 42 U.S.C. 1397g(c)(1) through 2014 2012, and only to carry out subsection (a), $85,000,000 for each of fiscal years 2013 through 2016 III Medicare and Medicaid program integrity 301. Reducing improper Medicare payments (a) Medicare administrative contractor improper payment outreach and education program (1) In general Section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 (A) in subsection (a)(4)— (i) by redesignating subparagraph (G) as subparagraph (H); and (ii) by inserting after subparagraph (F) the following new subparagraph: (G) Improper payment outreach and education program Having in place an improper payment outreach and education program described in subsection (h). ; and (B) by adding at the end the following new subsection: (h) Improper payment outreach and education program (1) In general In order to reduce improper payments under this title, each medicare administrative contractor shall establish and have in place an improper payment outreach and education program under which the contractor, through outreach, education, training, and technical assistance activities, shall provide providers of services and suppliers located in the region covered by the contract under this section with the information described in paragraph (3). The activities described in the preceding sentence shall be conducted on a regular basis. (2) Forms of outreach, education, training, and technical assistance activities The outreach, education, training, and technical assistance activities under a payment outreach and education program shall be carried out through any of the following: (A) Emails and other electronic communications. (B) Webinars. (C) Telephone calls. (D) In-person training. (E) Other forms of communications determined appropriate by the Secretary. (3) Information to be provided through activities The information to be provided to providers of services and suppliers under a payment outreach and education program shall include all of the following information: (A) A list of the provider’s or supplier's most frequent and expensive payment errors over the last quarter. (B) Specific instructions regarding how to correct or avoid such errors in the future. (C) A notice of all new topics that have been approved by the Secretary for audits conducted by recovery audit contractors under section 1893(h). (D) Specific instructions to prevent future issues related to such new audits. (E) Other information determined appropriate by the Secretary. (4) Error rate reduction training (A) In general The activities under a payment outreach and education program shall include error rate reduction training. (B) Requirements (i) In general The training described in subparagraph (A) shall— (I) be provided at least annually; and (II) focus on reducing the improper payments described in paragraph (5). (C) Invitation A medicare administrative contractor shall ensure that all providers of services and suppliers located in the region covered by the contract under this section are invited to attend the training described in subparagraph (A) either in person or online. (5) Priority A medicare administrative contractor shall give priority to activities under the improper payment outreach and education program that will reduce improper payments for items and services that— (A) have the highest rate of improper payment; (B) have the greatest total dollar amount of improper payments; (C) are due to clear misapplication or misinterpretation of Medicare policies; (D) are clearly due to common and inadvertent clerical or administrative errors; or (E) are due to other types of errors that the Secretary determines could be prevented through activities under the program. (6) Information on improper payments from recovery audit contractors (A) In general In order to assist medicare administrative contractors in carrying out improper payment outreach and education programs, the Secretary shall provide each contractor with a complete list of improper payments identified by recovery audit contractors under section 1893(h) with respect to providers of services and suppliers located in the region covered by the contract under this section. Such information shall be provided on a quarterly basis. (B) Information The information described in subparagraph (A) shall include the following information: (i) The providers of services and suppliers that have the highest rate of improper payments. (ii) The providers of services and suppliers that have the greatest total dollar amounts of improper payments. (iii) The items and services furnished in the region that have the highest rates of improper payments. (iv) The items and services furnished in the region that are responsible for the greatest total dollar amount of improper payments. (v) Other information the Secretary determines would assist the contractor in carrying out the improper payment outreach and education program. (C) Format of information The information furnished to medicare administrative contractors by the Secretary under this paragraph shall be transmitted in a manner that permits the contractor to easily identify the areas of the Medicare program in which targeted outreach, education, training, and technical assistance would be most effective. In carrying out the preceding sentence, the Secretary shall ensure that— (i) the information with respect to improper payments made to a provider of services or supplier clearly displays the name and address of the provider or supplier, the amount of the improper payment, and any other information the Secretary determines appropriate; and (ii) the information is in an electronic, easily searchable database. (7) Communications All communications with providers of services and suppliers under a payment outreach and education program are subject to the standards and requirements of subsection (g). (8) Funding After application of paragraph (1)(C) of section 1893(h), the Secretary shall retain a portion of the amounts recovered by recovery audit contractors under such section which shall be available to the program management account of the Centers for Medicare & Medicaid Services for purposes of carrying out this subsection and to implement corrective actions to help reduce the error rate of payments under this title. The amount retained under the preceding sentence shall not exceed an amount equal to 25 percent of the amounts recovered under section 1893(h). . (2) Funding conforming amendment Section 1893(h)(2) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(2) or section 1874(h)(8) paragraph (1)(C) (3) Effective date The amendments made by this subsection take effect on January 1, 2015. (b) Transparency Section 1893(h)(8) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(8) (1) by striking report report (A) In general The Secretary ; and (2) by adding at the end the following new subparagraph: (B) Inclusion of certain information (i) In general For reports submitted under this paragraph for 2015 or a subsequent year, each such report shall include the information described in clause (ii) with respect to each of the following categories of audits carried out by recovery audit contractors under this subsection: (I) Automated. (II) Complex. (III) Medical necessity review. (IV) Part A. (V) Part B. (VI) Durable medical equipment. (ii) Information described For purposes of clause (i), the information described in this clause, with respect to a category of audit described in clause (i), is the result of all appeals for each individual level of appeals in such category. . (c) Recovery Audit Contractor Demonstration Project (1) In general The Secretary shall conduct a demonstration project under title XVIII of the Social Security Act that— (A) targets audits by recovery audit contractors under section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)) with respect to high error providers of services and suppliers identified under paragraph (3); and (B) rewards low error providers of services and suppliers identified under such paragraph. (2) Scope (A) Duration The demonstration project shall be implemented not later than January 1, 2015, and shall be conducted for a period of three years. (B) Demonstration area In determining the geographic area of the demonstration project, the Secretary shall consider the following: (i) The total number of providers of services and suppliers in the region. (ii) The diversity of types of providers of services and suppliers in the region. (iii) The level and variation of improper payment rates of and among individual providers of services and suppliers in the region. (iv) The inclusion of a mix of both urban and rural areas. (3) Identification of low error and high error providers of services and suppliers (A) In general In conducting the demonstration project, the Secretary shall identify the following two groups of providers in accordance with this paragraph: (i) Low error providers of services and suppliers. (ii) High error providers of services and suppliers. (B) Analysis For purposes of identifying the groups under subparagraph (A), the Secretary shall analyze the following as they relate to the total number and amount of claims submitted in the area and by each provider: (i) The improper payment rates of individual providers of services and suppliers. (ii) The amount of improper payments made to individual providers of services and suppliers. (iii) The frequency of errors made by the provider of services or supplier over time. (iv) Other information determined appropriate by the Secretary. (C) Assignment based on composite score The Secretary shall assign selected providers of services and suppliers under the demonstration program based on a composite score determined using the analysis under subparagraph (B) as follows: (i) Providers of services and suppliers with high, expensive, and frequent errors shall receive a high score and be identified as high error providers of services and suppliers under subparagraph (A). (ii) Providers of services and suppliers with few, inexpensive, and infrequent errors shall receive a low score and be identified as low error providers of services and suppliers under such subparagraph. (iii) Only a small proportion of the total providers of services and suppliers and individual types of providers of services and suppliers in the geographic area of the demonstration project shall be assigned to either group identified under such subparagraph. (D) Timeframe of identification (i) In general Any identification of a provider of services or a supplier under subparagraph (A) shall be for a period of 12 months. (ii) Reevaluation The Secretary shall reevaluate each such identification at the end of such period. (iii) Use of most current information In carrying out the reevaluation under clause (ii) with respect to a provider of services or supplier, the Secretary shall— (I) consider the most current information available with respect to the provider of services or supplier under the analysis under subparagraph (B); and (II) take into account improvement or regression of the provider of services or supplier. (4) Adjustment of record request maximum Under the demonstration project, the Secretary shall establish procedures to— (A) increase the maximum record request made by recovery audit contractors to providers of services and suppliers identified as high error providers of services and suppliers under paragraph (3); and (B) decrease the maximum record request made by recovery audit contractors to providers of services and suppliers identified as low error providers of services and supplier under such paragraph. (5) Additional adjustments (A) In general Under the demonstration project, the Secretary may make additional adjustments to requirements for recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) (B) Limitation The Secretary shall not exempt any group of providers of services or suppliers in the demonstration project from being subject to audit by a recovery audit contractor under such section 1893(h). (6) Evaluation and report (A) Evaluation The Inspector General of the Department of Health and Human Services shall conduct an evaluation of the demonstration project under this subsection. The evaluation shall include an analysis of— (i) the error rates of providers of services and suppliers— (I) identified under paragraph (3) as low error providers of services and suppliers; (II) identified under such paragraph as high error providers of services and suppliers; and (III) that are located in the geographic area of the demonstration project and are not identified as either a low error or high error provider of services or supplier under such paragraph; and (ii) any improvements in the error rates of those high error providers of services and suppliers identified under such paragraph. (B) Report Not later than 12 months after completion of the demonstration project, the Inspector General shall submit to Congress a report containing the results of the evaluation conducted under subparagraph (A), together with recommendations on whether the demonstration project should be continued or expanded, including on a permanent or nationwide basis. (7) Funding (A) Funding for implementation For purposes of carrying out the demonstration project under this subsection (other than the evaluation and report under paragraph (6)), the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 ( 42 U.S.C. 1395i 42 U.S.C. 1395t (B) Funding for Inspector General evaluation and report For purposes of carrying out the evaluation and report under paragraph (6), the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under such section 1817 and the Federal Supplementary Medical Insurance Trust Fund under such section 1841, in such proportion as the Secretary determines appropriate, of $245,000 to the Inspector General of the Department of Health and Human Services. (C) Availability Amounts transferred under subparagraph (A) or (B) shall remain available until expended. (8) Definitions In this section: (A) Demonstration project The term demonstration project (B) Provider of services The term provider of services (C) Recovery audit contractor The term recovery audit contractor (D) Secretary The term Secretary (E) Supplier The term supplier 302. Authority for Medicaid fraud control units to investigate and prosecute complaints of abuse and neglect of Medicaid patients in home and community-based settings (a) In general Section 1903(q)(4)(A) of the Social Security Act ( 42 U.S.C. 1396b(q)(4)(A) (4) (A) The entity’s function includes a statewide program for the— (i) investigation and prosecution, or referral for prosecution or other action, of complaints of abuse or neglect of patients in health care facilities which receive payments under the State plan under this title or under a waiver of such plan; (ii) at the option of the entity, investigation and prosecution, or referral for prosecution or other action, of complaints of abuse or neglect of individuals in connection with any aspect of the provision of medical assistance and the activities of providers of such assistance in a home or community based setting that is paid for under the State plan under this title or under a waiver of such plan; and (iii) at the option of the entity, investigation and prosecution, or referral for prosecution or other action, of complaints of abuse or neglect of patients residing in board and care facilities. . (b) Effective date The amendment made by subsection (a) shall take effect on January 1, 2015. 303. Improved use of funds received by the HHS Inspector General from oversight and investigative activities (a) In general Section 1128C(b) of the Social Security Act (42 U.S.C. 1320a–7c(b)) is amended to read as follows: (b) Additional use of funds by Inspector General (1) Collections from Medicare and Medicaid recovery actions Notwithstanding section 3302 (2) Crediting Funds received by the Inspector General under paragraph (1) shall be deposited as offsetting collections to the credit of any appropriation available for oversight and enforcement activities of the Inspector General permitted under subsection (a), and shall remain available until expended. . (b) Effective date The amendment made by subsection (a) shall apply to funds received from settlements finalized, judgments entered, or final agency decisions issued, on or after the date of the enactment of this Act. 304. Preventing and reducing improper Medicare and Medicaid expenditures (a) Requiring valid prescriber National Provider Identifiers on pharmacy claims Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) (4) Requiring valid prescriber National Provider Identifiers on pharmacy claims (A) In general For plan year 2015 and subsequent plan years, subject to subparagraph (B), the Secretary shall prohibit PDP sponsors of prescription drug plans from paying claims for prescription drugs under this part that do not include a valid prescriber National Provider Identifier. (B) Procedures The Secretary shall establish procedures for determining the validity of prescriber National Provider Identifiers under subparagraph (A). (C) Report Not later than January 1, 2017, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the effectiveness of the procedures established under subparagraph (B). . (b) Reforming how CMS tracks and corrects the vulnerabilities identified by Recovery Audit Contractors Section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) (1) in paragraph (8), as amended by section 301, by adding at the end the following new subparagraphs: (C) Inclusion of improper payment vulnerabilities identified For reports submitted under this paragraph for 2015 or a subsequent year, each such report shall include— (i) a description of— (I) the types and financial cost to the program under this title of improper payment vulnerabilities identified by recovery audit contractors under this subsection; and (II) how the Secretary is addressing such improper payment vulnerabilities; and (ii) an assessment of the effectiveness of changes made to payment policies and procedures under this title in order to address the vulnerabilities so identified. (D) Limitation The Secretary shall ensure that each report submitted under subparagraph (A) does not include information that the Secretary determines would be sensitive or would otherwise negatively impact program integrity. ; and (2) by adding at the end the following new paragraph: (10) Addressing improper payment vulnerabilities The Secretary shall address improper payment vulnerabilities identified by recovery audit contractors under this subsection in a timely manner, prioritized based on the risk to the program under this title. . (c) Strengthening Medicaid program integrity through flexibility Section 1936 of the Social Security Act (42 U.S.C. 1396u–6) is amended— (1) in subsection (a), by inserting , or otherwise, entities (2) in subsection (e)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting (including the costs of equipment, salaries and benefits, and travel and training) Program under this section (B) in paragraph (3), by striking by 100 by 100, or such number as determined necessary by the Secretary to carry out the Program under this section, (d) Access to the National Directory of New Hires Section 453(j) of the Social Security Act ( 42 U.S.C. 653(j) (12) Information comparisons and disclosures to assist in administration of the Medicare program and State health subsidy programs (A) Disclosure to the Administrator of the Centers for Medicare & Medicaid Services The Administrator of the Centers for Medicare & Medicaid shall have access to the information in the National Directory of New Hires for purposes of determining the eligibility of an applicant for, or enrollee in, the Medicare program under title XVIII or an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(e) (B) Disclosure to the Inspector General of the Department of Health and Human Services (i) In general If the Inspector General of the Department of Health and Human Services transmits to the Secretary the names and social security account numbers of individuals, the Secretary shall disclose to the Inspector General information on such individuals and their employers maintained in the National Directory of New Hires. (ii) Use of information The Inspector General of the Department of Health and Human Services may use information provided under clause (i) only for purposes of — (I) enforcing mandatory and permissive exclusions under title XI; or (II) evaluating the integrity of the Medicare program or an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act). The authority under this clause is in addition to any authority conferred under the Inspector General Act of 1978 (5 U.S.C. App). (C) Disclosure to State agencies (i) In general If, for purposes of determining the eligibility of an applicant for, or an enrollee in, an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(e) (ii) Condition on disclosure by the Secretary The Secretary shall make a disclosure under clause (i) only to the extent that the Secretary determines that the disclosure would not interfere with the effective operation of the program under this part. (iii) Use and disclosure of information by State agencies (I) In general A State agency may not use or disclose information provided under clause (i) except for purposes of determining the eligibility of an applicant for, or an enrollee in, a program referred to in clause (i). (II) Information security The State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of information obtained under clause (i) and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures. (III) Penalty for misuse of information An officer or employee of the State agency who fails to comply with this clause shall be subject to the sanctions under subsection (l)(2) to the same extent as if such officer or employee were an officer or employee of the United States. (iv) Procedural requirements State agencies requesting information under clause (i) shall adhere to uniform procedures established by the Secretary governing information requests and data matching under this paragraph. (v) Reimbursement of costs The State agency shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this subparagraph. . (e) Improving the sharing of data between the Federal Government and State Medicaid programs (1) In general The Secretary of Health and Human Services (in this subsection referred to as the Secretary Medi-Medi Program (2) Program revisions To improve Medi-Medi Data Match Program participation by States Section 1893(g)(1)(A) of the Social Security Act (42 U.S.C. 1395ddd(g)(1)(A)) is amended— (A) in the matter preceding clause (i), by inserting or otherwise eligible entities (B) in clause (i)— (i) by inserting to review claims data algorithms (ii) by striking service, time, or patient provider, service, time, or patient (C) in clause (ii)— (i) by inserting to investigate and recover amounts with respect to suspect claims appropriate actions (ii) by striking ; and (D) in clause (iii), by striking the period and inserting ; and (E) by adding at end the following new clause: (iv) furthering the Secretary’s design, development, installation, or enhancement of an automated data system architecture— (I) to collect, integrate, and assess data for purposes of program integrity, program oversight, and administration, including the Medi-Medi Program; and (II) that improves the coordination of requests for data from States. . (3) Providing states with data on improper payments made for items or services provided to dual eligible individuals (A) In general The Secretary shall develop and implement a plan that allows each State agency responsible for administering a State plan for medical assistance under title XIX of the Social Security Act access to relevant data on improper or fraudulent payments made under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (B) Dual eligible individual defined In this paragraph, the term dual eligible individual 42 U.S.C. 1395j et seq. 42 U.S.C. 1396 et seq. IV Other Provisions 401. Commission on Improving Patient Directed Health Care (a) Findings Congress finds the following: (1) In order to elevate the role of patient choices in the health care system, the American public must engage in an informed, national, public debate on how the current health care system empowers and informs health care decision-making, and what can be done to improve the likelihood patients receive the care they want and need. (2) Research suggests that patients often do not receive the care they want. As a result, the end of life is associated with a substantial burden of suffering by the patient and negative health and financial consequences that extend to family members and society. (3) Patients face a complex and fragmented health care system that may decrease the likelihood that health care choices are known and carried out. The health care system should embed principles that take into account patient wishes. (4) Decisions concerning health care, including end-of-life issues, affect an increasing number of Americans. (5) Medical advances are prolonging life expectancy in the United States both in acute life-threatening situations and protracted battles with illness. These advances raise new challenges surrounding health care decision-making. (6) The United States health care system should promote consideration of a person’s preference in health care decision-making and end-of-life choices. (b) Commission The Social Security Act is amended by inserting after section 1150B ( 42 U.S.C. 1320b–24 1150C. Commission on Improving Patient Directed Health Care (a) Purposes The purposes of this section are to— (1) provide a forum for a nationwide public debate on improving patient self-determination in health care decision-making; (2) identify strategies that ensure every American has the health care they want; and (3) provide recommendations to Congress that result from the debate. (b) Establishment The Secretary shall establish an entity to be known as the Commission on Improving Patient Directed Health Care (referred to in this section as the Commission (c) Membership (1) Number and appointment The Commission shall be composed of 15 members. One member shall be the Secretary. The Comptroller General of the United States shall appoint 14 members. (2) Qualifications The membership of the Commission shall include— (A) health care consumers impacted by decision-making in advance of a health care crisis, such as individuals of advanced age, individuals with chronic, terminal and mental illnesses, family care givers, and individuals with disabilities; (B) providers in settings where crucial health care decision-making occurs, such as those working in intensive care settings, emergency room departments, primary care settings, nursing homes, hospice, or palliative care settings; (C) payors ensuring patients get the level of care they want; (D) experts in advance care planning, hospice, palliative care, information technology, bioethics, aging policy, disability policy, pediatric ethics, cultural sensitivity, psychology, and health care financing; (E) individuals who represent culturally diverse perspectives on patient self-determination and end-of-life issues; and (F) members of the faith community. (d) Period of appointment Members of the Commission shall be appointed for the life of the Commission. Any vacancies shall not affect the power and duties of the Commission but shall be filled in the same manner as the original appointment. (e) Designation of the chairperson Not later than 15 days after the date on which all members of the Commission have been appointed, the Comptroller General shall designate the chairperson of the Commission. (f) Subcommittees The Commission may establish subcommittees if doing so increases the efficiency of the Commission in completing tasks. (g) Duties (1) Hearings Not later than 90 days after the date of designation of the chairperson under subsection (e), the Commission shall hold no fewer than 8 hearings to examine— (A) the current state of health care decision-making and advance care planning laws in the United States at the Federal level and across the States, as well as options for improving advance care planning tools, especially with regard to use, portability, and storage; (B) consumer-focused approaches that educate the American public about patient choices, care planning, and other end-of-life issues; (C) the use of comprehensive, patient-centered care plans by providers, the impact care plans have on health care delivery and spending, and methods to expand the use of high quality care planning tools in both public and private health care systems; (D) the role of electronic medical records and other technologies in improving patient-directed health care; (E) innovative tools for improving patient experience with advanced illness, such as palliative care, hospice, and other models; (F) the role social determinants of health, such as socio-economic status, play in patient self-direction in health care; (G) the use of culturally-competent tools for health care decision-making; (H) strategies for educating providers and increasing provider engagement on care planning, palliative care, hospice care, and other issues surrounding honoring patient choices; (I) the sociological and psychological factors that influence health care decision-making and end-of-life choices; and (J) the role of spirituality and religion in patient self-determination in health care. (2) Additional hearings The Commission may hold additional hearings on subjects other than those listed in paragraph (1) so long as such hearings are determined necessary by the Commission in carrying out the purposes of this section. Such additional hearings do not have to be completed within the time period specified but shall not delay the other activities of the Commission under this section. (3) Number and location of hearings and additional hearings The Commission shall hold no fewer than 8 hearings as indicated in paragraph (1) and in sufficient number in order to receive information that reflects— (A) the geographic differences throughout the United States; (B) diverse populations; and (C) a balance among urban and rural populations. (4) Interactive technology The Commission may encourage public participation in hearings through interactive technology and other means as determined appropriate by the Commission. (5) Report to the american people on patient directed health care Not later than 90 days after the hearings described in paragraphs (1) and (2) are completed, the Commission shall prepare and make available to health care consumers through the Internet and other appropriate public channels, a report to be entitled, Report to the American People on Patient Directed Health Care (A) a summary of— (i) the hearings described in such paragraphs; (ii) how the current health care system empowers and informs decision-making in advance of a health care crisis; (iii) factors that contribute to the provision of health care that does not adhere to patient wishes; (iv) the impact of care that does not follow patient choices, particularly at the end-of-life, on patients, families, providers, spending, and the health care system; (v) the laws surrounding advance care planning and health care decision-making including issues of portability, use, and storage; (vi) consumer-focused approaches to education of the American public about patient choices, care planning, and other end-of-life issues; (vii) the role of care plans in health care decision-making; (viii) the role of providers in ensuring patients receive the care they want; (ix) the role of electronic medical records and other technologies in improving patient directed health care; (x) the impact of social determinants on patient self-direction in health care services; (xi) the use of culturally competent methods for health care decision-making; (xii) the sociological and psychological factors that influence patient self-determination; and (xiii) the role of spirituality and religion in health care decision-making and end-of-life care; (B) best practices from communities, providers, and payors that document patient wishes and provide health care that adheres to those wishes; and (C) information on educating providers about health care decision-making and end-of-life issues. (6) Interim requirements Not later than 180 days after the date of completion of the hearings, the Commission shall prepare and make available to the public through the Internet and other appropriate public channels, an interim set of recommendations on patient self-determination in health care and ways to improve and strengthen the health care system based on the information and preferences expressed at the community meetings. There shall be a 90-day public comment period on such recommendations. (h) Recommendations Not later than 120 days after the expiration of the public comment period described in subsection (g)(6), the Commission shall submit to Congress and the President a final set of recommendations. The recommendations must be comprehensive and detailed. The recommendations must contain recommendations or proposals for legislative or administrative action as the Commission deems appropriate, including proposed legislative language to carry out the recommendations or proposals. (i) Administration (1) Executive director There shall be an Executive Director of the Commission who shall be appointed by the chairperson of the Commission in consultation with the members of the Commission. (2) Compensation While serving on the business of the Commission (including travel time), a member of the Commission shall be entitled to compensation at the per diem equivalent of the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code, and while so serving away from home and the member’s regular place of business, a member may be allowed travel expenses, as authorized by the chairperson of the Commission. For purposes of pay and employment benefits, rights, and privileges, all personnel of the Commission shall be treated as if they were employees of the Senate. (3) 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 Commission the head of such department or agency shall furnish such information. (4) 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. (j) Detail Not more than 4 Federal Government employees employed by the Department of Labor, 4 Federal Government employees employed by the Social Security Administration, and 8 Federal Government employees employed by the Department of Health and Human Services may be detailed to the Commission under this section without further reimbursement. Any detail of an employee shall be without interruption or loss of civil service status or privilege. (k) 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. (l) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter during the existence of the Commission, the Commission shall report to Congress and make public a detailed description of the expenditures of the Commission used to carry out its duties under this section. (m) Sunset of commission The Commission shall terminate on the date that is 3 years after the date on which all the members of the Commission have been appointed under subsection (c)(1) and appropriations are first made available to carry out this section. (n) Administration review and comments Not later than 45 days after receiving the final recommendations of the Commission under subsection (h), the President shall submit a report to Congress which shall contain— (1) additional views and comments on such recommendations; and (2) recommendations for such legislation and administrative action as the President considers appropriate. (o) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section, $3,000,000 for each of fiscal years 2014 and 2015. (2) Report to the American people on patient directed health care There are authorized to be appropriated for the preparation and dissemination of the Report to the American People on Patient Directed Health Care described in subsection (g)(5), $1,000,000 for the fiscal year in which the report is required to be submitted. . 402. Expansion of the definition of inpatient hospital services for certain cancer hospitals Section 1861(b) of the Social Security Act ( 42 U.S.C. 1395x(b) (1) in paragraph (3)— (A) by inserting (A) (3) (B) by adding and (C) by adding at the end the following new subparagraph: (B) subject to the third sentence of this subsection, with respect to a hospital that— (i) is described in section 1886(d)(1)(B)(v); and (ii) as of the date of the enactment of the Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 412.22(e) 412.22(f) items and services described in paragraphs (1) and (2) furnished on or after October 1, 2014, by such hospital described in section 1886(d)(1)(B)(v) or by others under arrangements with them made by the hospital; ; and (2) by adding at the end the following new flush sentence: Paragraph (3)(B) shall only apply to payments with respect to the total number of the hospital’s patient days at any satellite of the hospital or such days at another hospital providing services under arrangements to the hospital, determined as of the date of the enactment of the Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 . 403. Quality measures for certain post-acute care providers relating to notice and transfer of patient health information and patient care preferences (a) Development The Secretary of Health and Human Services (in this section referred to as the Secretary 42 U.S.C. 1395 et seq. (b) Use of measure developers The Secretary shall arrange for the development of such measures by appropriate measure developers. (c) Endorsement The Secretary shall arrange for such developed measures to be submitted for endorsement to a consensus-based entity as described in section 1890(a) of the Social Security Act ( 42 U.S.C. 1395aaa(a) (d) Use of measures The Secretary shall, through notice and comment rulemaking, use such measures under the quality reporting programs with respect to— (1) inpatient hospitals under section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)); (2) skilled nursing facilities under section 1888(e) of such Act ( 42 U.S.C. 1395yy(e) (3) home health services under section 1895(b)(3)(B)(v) of such Act ( 42 U.S.C. 1395fff(b)(3)(B)(v) (4) other providers of services (as defined in section 1861(u) of such Act) and suppliers (as defined in section 1861(d) of such Act) that the Secretary determines appropriate. 404. Criteria for medically necessary, short inpatient hospital stays (a) In general The Secretary of Health and Human Services shall consult with, and seek input from, interested stakeholders to determine appropriate criteria for payment under the Medicare program under title XVIII of the Social Security Act of an inpatient hospital admission that— (1) is medically necessary; and (2) is an inpatient hospital stay that is less than two midnights, as described in section 412.3 of title 42, Code of Federal Regulation, as finalized in the final rule published by the Centers for Medicare & Medicaid Services in the Federal Register on August 19, 2013 (78 Federal Register 50496) entitled Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status (b) Interested stakeholders In subsection (a), the term interested stakeholders (1) Hospitals. (2) Physicians (3) Medicare administrative contractors under section 1874A of the Social Security Act (42 U.S.C. 1395kk–1). (4) Recovery audit contractors under section 1893(h) of such Act ( 42 U.S.C. 1395ddd(h) (5) Other parties determined appropriate by the Secretary. 405. Transparency of reasons for excluding additional procedures from the Medicare ambulatory surgical center (ASC) approved list Section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) In updating such lists for application in years beginning after December 31, 2014, for each procedure that was not proposed but was requested to be included on such lists during the public comment where the Secretary does not finalize (in the final rule updating such lists) to so include, the Secretary shall describe in such final rule the specific safety criteria for not including such requested procedure on such lists. 406. Supervision in critical access hospitals (a) General supervision in critical access hospitals Section 1834(g) of the Social Security Act ( 42 U.S.C. 1395m(g) (6) Supervision In the case of services furnished on or after the date of the enactment of this paragraph, the minimum level of supervision with respect to outpatient therapeutic critical access hospital services shall be general supervision (as defined by the Secretary). . (b) Supervision of cardiac and pulmonary rehabilitation programs in critical access hospitals Section 1861(eee)(2)(B) of the Social Security Act ( 42 U.S.C. 1395x(eee)(2)(B) , or in the case of a critical access hospital, a physician, or (beginning on the date of enactment of Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 a physician 407. Requiring State licensure of bidding entities under the competitive acquisition program for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) Section 1847(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(1) (G) Requiring State licensure of bidding entities With respect to rounds of competitions beginning on or after the date of enactment of this subparagraph, the Secretary may only accept a bid from an entity for an area if the entity meets applicable State licensure requirements for such area for all items in such bid for a product category. . 408. Recognition of attending physician assistants as attending physicians To serve hospice patients (a) Recognition of attending physician assistants as attending physicians To serve hospice patients (1) In general Section 1861(dd)(3)(B) of the Social Security Act (42 U.S.C. 1395x(dd)(3)(B)) is amended— (A) by striking or nurse , the nurse (B) by inserting , or the physician assistant (as defined in such subsection) subsection (aa)(5)) (2) Clarification of hospice role of physician assistants Section 1814(a)(7)(A)(i)(I) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(A)(i)(I) or a physician assistant a nurse practitioner (b) Effective date The amendments made by this section shall apply to items and services furnished on or after October 1, 2015. 409. Remote patient monitoring pilot projects (a) Pilot projects (1) In general Not later than 9 months after the date of the enactment of this Act, the Secretary shall conduct pilot projects under title XVIII of the Social Security Act for the purpose of providing incentives to home health agencies to furnish remote patient monitoring services that reduce expenditures under such title. (2) Site requirements (A) Urban and Rural The Secretary shall conduct the pilot projects under this section in both urban and rural areas. (B) Site in a small state The Secretary shall conduct at least 1 of the pilot projects in a State with a population of less than 1,000,000. (b) Medicare beneficiaries within the scope of projects (1) In general The Secretary shall specify the criteria for identifying those Medicare beneficiaries who shall be considered within the scope of the pilot projects under this section for purposes of the application of subsection (c) and for the assessment of the effectiveness of the home health agency in achieving the objectives of this section. (2) Criteria The criteria specified under paragraph (1)— (A) shall include conditions and clinical circumstances, including congestive heart failure, diabetes, and chronic pulmonary obstructive disease, and other conditions determined appropriate by the Secretary; and (B) may provide for the inclusion in the projects of Medicare beneficiaries who begin receiving home health services under title XVIII of the Social Security Act after the date of the implementation of the projects. (c) Incentives (1) Performance targets The Secretary shall establish for each home health agency participating in a pilot project under this section a performance target using one of the following methodologies, as determined appropriate by the Secretary: (A) Adjusted historical performance target The Secretary shall establish for the agency— (i) a base expenditure amount equal to the average total payments made under parts A, B, and D of title XVIII of the Social Security Act for Medicare beneficiaries determined to be within the scope of the pilot project in a base period determined by the Secretary; and (ii) an annual per capita expenditure target for such beneficiaries, reflecting the base expenditure amount adjusted for risk, changes in costs, and growth rates. (B) Comparative performance target The Secretary shall establish for the agency a comparative performance target equal to the average total payments made under such parts A, B, and D during the pilot project for comparable individuals in the same geographic area that are not determined to be within the scope of the pilot project. (2) Payment Subject to paragraph (3), the Secretary shall pay to each home health agency participating in a pilot project a payment for each year under the pilot project equal to a 75 percent share of the total Medicare cost savings realized for such year relative to the performance target under paragraph (1). (3) Limitation on expenditures The Secretary shall limit payments under this section in order to ensure that the aggregate expenditures under title XVIII of the Social Security Act (including payments under this subsection) do not exceed the amount that the Secretary estimates would have been expended if the pilot projects under this section had not been implemented, including any reasonable costs incurred by the Secretary in the administration of the pilot projects. (4) No duplication in participation in shared savings programs A home health agency that participates in any of the following shall not be eligible to participate in the pilot projects under this section: (A) A model tested or expanded under section 1115A of the Social Security Act ( 42 U.S.C. 1315a (B) The independence at home medical practice demonstration program under section 1866E of such Act ( 42 U.S.C. 1395cc–5 (d) Waiver authority The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot projects under this section. (e) Report to Congress Not later than 3 years after the date that the first pilot project under this section is implemented, the Secretary shall submit to Congress a report on the projects. Such report shall contain— (1) a detailed description of the projects, including any changes in clinical outcomes for Medicare beneficiaries under the projects, Medicare beneficiary satisfaction under the projects, utilization of items and services under parts A, B, and D of title XVIII of the Social Security Act by Medicare beneficiaries under the projects, and Medicare per-beneficiary and Medicare aggregate spending under the projects; (2) a detailed description of issues related to the expansion of the projects under subsection (f); (3) recommendations for such legislation and administrative actions as the Secretary considers appropriate; and (4) other items considered appropriate by the Secretary. (f) Expansion If the Secretary determines that any of the pilot projects under this section enhance health outcomes for Medicare beneficiaries and reduce expenditures under title XVIII of the Social Security Act, the Secretary shall initiate comparable projects in additional areas. (g) Payments have no effect on other Medicare payments to home health agencies A payment under this section shall have no effect on the amount of payments that a home health agency would otherwise receive under title XVIII of the Social Security Act for the provision of home health services. (h) Study and report on the appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule (1) Study The Secretary shall conduct a study on the appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (2) Report Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under paragraph (1), together with such recommendations as the Secretary determines appropriate. (i) Definitions In this section: (1) Home health agency The term home health agency 42 U.S.C. 1395x(o) (2) Remote patient monitoring services (A) In general The term remote patient monitoring services (i) shall include patient monitoring or patient assessment; and (ii) may include in-home technology-based professional consultations, patient training services, clinical observation, treatment, and any additional services that utilize technologies specified by the Secretary. (B) Limitation The term remote patient monitoring services (3) Remote patient monitoring technology The term remote patient monitoring technology (4) Secretary The term Secretary 410. Community-Based Institutional Special Needs Plan Demonstration Program (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Establishment The Secretary shall enter into agreements with not more than 5 specialized MA plans for special needs individuals, as defined in section 1859(b)(6)(B)(i) of the Social Security Act ( 42 U.S.C. 1395w–28(b)(6)(B)(i) 42 U.S.C. 1395w-22(a)(3) (1) the Secretary determines appropriate for the purposes of the CBI-SNP demonstration program; and (2) for which payment may be made under the State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) of the State in which the targeted low-income Medicare beneficiary is located. (c) Eligible plans To be eligible to participate in the CBI-SNP demonstration program, a specialized MA plan for special needs individuals must— (1) serve special needs individuals (as defined in section 1859(b)(6)(B)(i) of the Social Security Act ( 42 U.S.C. 1395w–28(b)(6)(B)(i) (2) have experience in offering special needs plans for nursing home-eligible, non-institutionalized Medicare beneficiaries who live in the community; (3) be located in a State that the Secretary has determined will participate in the CBI-SNP demonstration program by agreeing to make available data necessary for purposes of conducting the independent evaluation required under subsection (f); and (4) meet such other criteria as the Secretary may require. (d) Targeted low-income Medicare beneficiary defined In this section, the term targeted low-income Medicare beneficiary (1) is enrolled in a specialized MA plan for special needs individuals that has been selected to participate in the CBI-SNP demonstration program; (2) is a subsidy eligible individual (as defined in section 1860D–14(a)(3)(A) of the Social Security Act ( 42 U.S.C. 1395w-114(a)(3)(A) (3) is unable to perform 2 or more activities of daily living (as defined in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986). (e) Implementation deadline; duration The CBI-SNP demonstration program shall be implemented not later than January 1, 2016, and shall be conducted for a period of 3 years. (f) Independent evaluation and reports (1) Independent evaluation Not later than 2 years after the completion of the CBI-SNP demonstration program, the Secretary shall provide for the evaluation of the CBI-SNP demonstration program by an independent third party. The evaluation shall determine whether the CBI-SNP demonstration program has improved patient care and quality of life for the targeted low-income Medicare beneficiaries participating in the CBI-SNP demonstration program. Specifically, the evaluation shall determine if the CBI-SNP demonstration program has— (A) reduced hospitalizations or re-hospitalizations; (B) reduced Medicaid nursing home facility stays; and (C) reduced spenddown of income and assets for purposes of becoming eligible for Medicaid. (2) Reports Not later than 3 years after the completion of the CBI-SNP demonstration program, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), together with such recommendations for legislative or administrative action as the Secretary determines appropriate. (g) Funding (1) Funding for implementation For purposes of carrying out the demonstration program under this section (other than the evaluation and report under subsection (f)), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i 42 U.S.C. 1395t (2) Funding for evaluation and report For purposes of carrying out the evaluation and report under subsection (f), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under such section 1817 and the Federal Supplementary Medical Insurance Trust Fund under such section 1841, in such proportion as the Secretary determines appropriate, of $500,000. (3) Availability Amounts transferred under paragraph (1) or (2) shall remain available until expended. (h) Budget neutrality In conducting the CBI-SNP demonstration program, the Secretary shall ensure that the aggregate payments made by the Secretary do not exceed the amount which the Secretary estimates would have been expended under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) if the CBI-SNP demonstration program had not been implemented. (i) Paperwork Reduction Act Chapter 35 411. Applying CMMI waiver authority to PACE in order to foster innovations (a) CMMI waiver authority Subsection (d)(1) of section 1115A of the Social Security Act ( 42 U.S.C. 1315a (1) by inserting (other than subsections (b)(1)(A) and (c)(5) of section 1894) XVIII (2) by striking and 1903(m)(2)(A)(iii) 1903(m)(2)(A)(iii), and 1934 (other than subsections (b)(1)(A) and (c)(5) of such section) (b) Sense of the Senate It is the sense of the Senate that the Secretary of Health and Human Services should use the waiver authority provided under the amendments made by this section to provide, in a budget neutral manner, programs of all-inclusive care for the elderly (PACE programs) with increased operational flexibility to support the ability of such programs to improve and innovate and to reduce technical and administrative barriers that have hindered enrollment in such programs. 412. Improve and modernize Medicaid data systems and reporting (a) In general The Secretary of Health and Human Services shall implement a strategic plan to increase the usefulness of data about State Medicaid programs reported by States to the Centers for Medicare & Medicaid Services. The strategic plan shall address redundancies and gaps in Medicaid data systems and reporting through improvements to, and modernization of, computer and data systems. Areas for improvement under the plan shall include (but not be limited to) the following: (1) The reporting of encounter data by managed care plans. (2) The timeliness and quality of reported data, including enrollment data. (3) The consistency of data reported from multiple sources. (4) Information about State program policies. (b) Implementation status report Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the status of the implementation of the strategic plan required under subsection (a). (c) Authorization of appropriations There is authorized to be appropriated to the Secretary of Health and Human Services for the period of fiscal years 2015 through 2019, such sums as may be necessary to carry out this section. 413. Fairness in Medicaid supplemental needs trusts (a) In general Section 1917(d)(4)(A) of the Social Security Act ( 42 U.S.C. 1396p(d)(4)(A) the individual, for the benefit of such individual by (b) Effective date The amendment made by subsection (a) shall apply to trusts established on or after the date of the enactment of this Act. 414. Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians (a) Including podiatrists as physicians under the Medicaid program (1) In general Section 1905(a)(5)(A) of the Social Security Act ( 42 U.S.C. 1396d(a)(5)(A) section 1861(r)(1) paragraphs (1) and (3) of section 1861(r) (2) Effective date (A) In general Except as provided in subparagraph (B), the amendment made by paragraph (1) shall apply to services furnished on or after the date of enactment of this Act. (B) Extension of effective date for State law amendment In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (b) Modifications to requirements for diabetic shoes to be included under medical and other health services under Medicare (1) In general Section 1861(s)(12) of the Social Security Act ( 42 U.S.C. 1395x(s)(12) (12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes (in this paragraph referred to as therapeutic shoes (A) the physician who is managing the individual’s diabetic condition— (i) documents that the individual has diabetes; (ii) certifies that the individual is under a comprehensive plan of care related to the individual’s diabetic condition; and (iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have such extra-depth shoes with inserts or custom molded shoes with inserts; (B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who— (i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and (ii) communicates in writing the medical necessity to the physician described in subparagraph (A) for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre-ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and (C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area); . (2) Effective date The amendment made by paragraph (1) shall apply with respect to items and services furnished on or after January 1, 2015. 415. Demonstration programs to improve community mental health services (a) Criteria for certified community behavioral health clinics to participate in demonstration programs (1) Publication Not later than September 1, 2015, the Secretary shall publish criteria for a clinic to be certified by a State as a certified community behavioral health clinic for purposes of participating in a demonstration program conducted under subsection (d). (2) Requirements The criteria published under this subsection shall include criteria with respect to the following: (A) Staffing Staffing requirements, including criteria that staff have diverse disciplinary backgrounds, have necessary State-required license and accreditation, and are culturally and linguistically trained to serve the needs of the clinic's patient population. (B) Availability and accessibility of services Availability and accessibility of services, including crisis management services that are available and accessible 24 hours a day, the use of a sliding scale for payment, and no rejection for services or limiting of services on the basis of a patient's ability to pay or a place of residence. (C) Care coordination Care coordination, including requirements to coordinate care across settings and providers to ensure seamless transitions for patients across the full spectrum of health services including acute, chronic, and behavioral health needs. Care coordination requirements shall include partnerships or formal contracts with the following: (i) Federally-qualified health centers (and as applicable, rural health clinics) to provide Federally-qualified health center services (and as applicable, rural health clinic services) to the extent such services are not provided directly through the certified community behavioral health clinic. (ii) Inpatient psychiatric facilities and substance use detoxification, post-detoxification step-down services, and residential programs. (iii) Other community or regional services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies and facilities, Indian Health Service youth regional treatment centers, State licensed and nationally accredited child placing agencies for therapeutic foster care service, and other social and human services. (iv) Department of Veterans Affairs medical centers, independent outpatient clinics, drop-in centers, and other facilities of the Department as defined in section 1801 of title 38, United States Code. (v) Inpatient acute care hospitals and hospital outpatient clinics. (D) Scope of services Provision (in a manner reflecting person-centered care) of the following services which, if not available directly through the certified community behavioral health clinic, are provided or referred through formal relationships with other providers: (i) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. (ii) Screening, assessment, and diagnosis, including risk assessment. (iii) Patient-centered treatment planning or similar processes, including risk assessment and crisis planning. (iv) Outpatient mental health and substance use services. (v) Outpatient clinic primary care screening and monitoring of key health indicators and health risk. (vi) Targeted case management. (vii) Psychiatric rehabilitation services. (viii) Peer support and counselor services and family supports. (ix) Intensive, community-based mental health care for members of the armed forces and veterans, particularly those members and veterans located in rural areas, provided the care is consistent with minimum clinical mental health guidelines promulgated by the Veterans Health Administration including clinical guidelines contained in the Uniform Mental Health Services Handbook of such Administration. (E) Quality and other reporting Reporting of encounter data, clinical outcomes data, quality data, and such other data as the Secretary requires. (F) Organizational authority Criteria that a clinic be a non-profit or part of a local government behavioral health authority or operated under the authority of the Indian Health Service, an Indian tribe or tribal organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination Act ( 25 U.S.C. 450 et seq. (b) Guidance on development of prospective payment system for testing under demonstration programs (1) In general Not later than September 1, 2015, the Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, shall issue guidance for the establishment of a prospective payment system that shall only apply to medical assistance for mental health services furnished by a certified community behavioral health clinic participating in a demonstration program under subsection (d). (2) Requirements The guidance issued by the Secretary under paragraph (1) shall provide that— (A) no payment shall be made for inpatient care, residential treatment, room and board expenses, or any other non-ambulatory services, as determined by the Secretary; and (B) no payment shall be made to satellite facilities of certified community behavioral health clinics if such facilities are established after the date of enactment of this Act. (c) Planning grants (1) In general Not later than January 1, 2016, the Secretary shall award planning grants to States for the purpose of developing proposals to participate in time-limited demonstration programs described in subsection (d). (2) Use of funds A State awarded a planning grant under this subsection shall— (A) solicit input with respect to the development of such a demonstration program from patients, providers, and other stakeholders; (B) certify clinics as certified community behavioral health clinics for purposes of participating in a demonstration program conducted under subsection (d); and (C) establish a prospective payment system for mental health services furnished by a certified community behavioral health clinic participating in a demonstration program under subsection (d) in accordance with the guidance issued under subsection (b). (d) Demonstration programs (1) In general Not later than September 1, 2017, the Secretary shall select States to participate in demonstration programs that are developed through planning grants awarded under subsection (c), meet the requirements of this subsection, and represent a diverse selection of geographic areas, including rural and underserved areas. (2) Application requirements (A) In general The Secretary shall solicit applications to participate in demonstration programs under this subsection solely from States awarded planning grants under subsection (c). (B) Required information An application for a demonstration program under this subsection shall include the following: (i) The target Medicaid population to be served under the demonstration program. (ii) A list of participating certified community behavioral health clinics. (iii) Verification that the State has certified a participating clinic as a certified community behavioral health clinic in accordance with the requirements of subsection (b). (iv) A description of the scope of the mental health services available under the State Medicaid program that will be paid for under the prospective payment system tested in the demonstration program. (v) Verification that the State has agreed to pay for such services at the rate established under the prospective payment system. (vi) Such other information as the Secretary may require relating to the demonstration program including with respect to determining the soundness of the proposed prospective payment system. (3) Number and length of demonstration programs Not more than 8 States shall be selected for 4-year demonstration programs under this subsection. (4) Requirements for selecting demonstration programs (A) In general The Secretary shall give preference to selecting demonstration programs where participating certified community behavioral health clinics— (i) provide the most complete scope of services described in subsection (a)(2)(D) to individuals eligible for medical assistance under the State Medicaid program; (ii) will improve availability of, access to, and participation in, services described in subsection (a)(2)(D) to individuals eligible for medical assistance under the State Medicaid program; (iii) will improve availability of, access to, and participation in assisted outpatient mental health treatment in the State; or (iv) demonstrate the potential to expand available mental health services in a demonstration area and increase the quality of such services without increasing net Federal spending. (5) Payment for medical assistance for mental health services provided by certified community behavioral health clinics (A) In general The Secretary shall pay a State participating in a demonstration program under this subsection the Federal matching percentage specified in subparagraph (B) for amounts expended by the State to provide medical assistance for mental health services described in the demonstration program application in accordance with paragraph (2)(B)(iv) that are provided by certified community behavioral health clinics to individuals who are enrolled in the State Medicaid program. Payments to States made under this paragraph shall be considered to have been under, and are subject to the requirements of, section 1903 of the Social Security Act (42 U.S.C. 1396b). (B) Federal matching percentage The Federal matching percentage specified in this subparagraph is with respect to medical assistance described in subparagraph (A) that is furnished— (i) to a newly eligible individual described in paragraph (2) of section 1905(y) of the Social Security Act ( 42 U.S.C. 1396d(y) (ii) to an individual who is not a newly eligible individual (as so described) but who is eligible for medical assistance under the State Medicaid program, the enhanced FMAP applicable to the State. (C) Limitations (i) In general Payments shall be made under this paragraph to a State only for mental health services— (I) that are described in the demonstration program application in accordance with paragraph (2)(B)(iv); (II) for which payment is available under the State Medicaid program; and (III) that are provided to an individual who is eligible for medical assistance under the State Medicaid program. (ii) Prohibited payments No payment shall be made under this paragraph— (I) for inpatient care, residential treatment, room and board expenses, or any other non-ambulatory services, as determined by the Secretary; or (II) with respect to payments made to satellite facilities of certified community behavioral health clinics if such facilities are established after the date of enactment of this Act. (6) Waiver of statewideness requirement The Secretary shall waive section 1902(a)(1) of the Social Security Act ( 42 U.S.C. 1396a(a)(1) (7) Annual reports (A) In general Not later than 1 year after the date on which the first State is selected for a demonstration program under this subsection, and annually thereafter, the Secretary shall submit to Congress an annual report on the use of funds provided under all demonstration programs conducted under this subsection. Each such report shall include— (i) an assessment of access to community-based mental health services under the Medicaid program in the area or areas of a State targeted by a demonstration program compared to other areas of the State; (ii) an assessment of the quality and scope of services provided by certified community behavioral health clinics compared to community-based mental health services provided in States not participating in a demonstration program under this subsection and in areas of a demonstration State that are not participating in the demonstration program; and (iii) an assessment of the impact of the demonstration programs on the Federal and State costs of a full range of mental health services (including inpatient, emergency and ambulatory services). (B) Recommendations Not later than December 31, 2021, the Secretary shall submit to Congress recommendations concerning whether the demonstration programs under this section should be continued, expanded, modified, or terminated. (e) Definitions In this section: (1) Federally-qualified health center services; Federally-qualified health center; rural health clinic services; rural health clinic The terms Federally-qualified health center services Federally-qualified health center rural health clinic services rural health clinic (2) Enhanced FMAP The term enhanced FMAP 42 U.S.C. 1397dd(b) (3) Secretary The term Secretary (4) State The term State 42 U.S.C. 1396 et seq. (f) Funding (1) In general Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary— (A) for purposes of carrying out subsections (a), (b), and (d)(7), $2,000,000 for fiscal year 2014; and (B) for purposes of awarding planning grants under subsection (c), $25,000,000 for fiscal year 2016. (2) Availability Funds appropriated under paragraph (1) shall remain available until expended. 416. Annual Medicaid DSH report Section 1923 of the Social Security Act ( 42 U.S.C. 1396r–4 (k) Annual report to Congress (1) In general Beginning January 1, 2015, and annually thereafter, the Secretary shall submit a report to Congress on the program established under this section for making payment adjustments to disproportionate share hospitals for the purpose of providing Congress with information relevant to determining an appropriate level of overall funding for such payment adjustments during and after the period in which aggregate reductions in the DSH allotments to States are required under paragraphs (7) and (8) of subsection (f). (2) Required report information Except as otherwise provided, each report submitted under this subsection shall include the following: (A) Information and data relating to changes in the number of uninsured individuals for the most recent year for which such data are available as compared to 2013 and as compared to the Congressional Budget Office estimates of uninsured individuals made at the time of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152 (B) Information and data relating to the extent to which hospitals continue to incur uncompensated care costs from providing unreimbursed or under-reimbursed services to individuals who either are eligible for medical assistance under the State plan under this title or under a waiver of such plan or who have no health insurance (or other source of third party coverage) for such services. (C) Information and data relating to the extent to which hospitals continue to provide charity care and unreimbursed or under-reimbursed services, or otherwise incur bad debt, under the program established under this title, the State Children's Health Insurance Program established under title XXI, and State or local indigent care programs, as reported on cost reports submitted under title XVIII or such other data as the Secretary determines appropriate. (D) In the first report submitted under this section, a methodology for estimating the amount of unpaid patient deductibles, copayments and coinsurance incurred by hospitals for patients enrolled in qualified health plans through an American Health Benefits Exchange, using existing data and minimizing the administrative burden on hospitals to the extent possible, and in subsequent reports, data regarding such uncompensated care costs collected pursuant to such methodology. (E) For each State, information and data relating to the difference between the DSH allotment for the State for the fiscal year that began on October 1 of the year preceding the year in which the report is submitted and the aggregate amount of uncompensated care costs for all disproportionate share hospitals in the State. (F) Information and data relating to the extent to which there are certain vital hospital systems that are disproportionately experiencing high levels of uncompensated care and that have multiple other missions, such as a commitment to graduate medical education, the provision of tertiary and trauma care services, providing public health and essential community services, and providing comprehensive, coordinated care. (G) Such other information and data relevant to the determination of the level of funding for, and amount of, State DSH allotments as the Secretary determines appropriate (3) Authorization of appropriations There is authorized to be appropriated to the Secretary for the period of fiscal years 2015 through 2109, such sums as may be necessary to carry out this subsection. . 417. Implementation To the extent the Secretary of Health and Human Services issues a regulation to carry out the provisions of this Act, the Secretary shall, unless otherwise specified in this Act— (1) issue a notice of proposed rulemaking that includes the proposed regulation; (2) provide a period of not less than 60 calendar days for comments on the proposed regulation; (3) not more than 24 months following the date of publication of the proposed rule, publish the final regulation or take alternative action (such as withdrawing the rule or proposing a revised rule with a new comment period) on the proposed regulation; and (4) not less than 30 days before the effective date of the final regulation, publish the final regulation or take alternative action (such as withdrawing the rule or proposing a revised rule with a new comment period) on the proposed regulation. March 12, 2014 Read the second time and placed on the calendar

Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014

Yuma Crossing National Heritage Area Reauthorization Act - Amends the Yuma Crossing National Heritage Area Act of 2000 to extend through FY2030 the authority of the Secretary of the Interior to make grants or provide assistance for the Yuma Crossing National Heritage Area.

113 S2111 IS: Yuma Crossing National Heritage Area Reauthorization Act U.S. Senate 2014-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2111 IN THE SENATE OF THE UNITED STATES March 12, 2014 Mr. McCain Committee on Energy and Natural Resources A BILL To reauthorize the Yuma Crossing National Heritage Area. 1. Short title This Act may be cited as the Yuma Crossing National Heritage Area Reauthorization Act 2. Reauthorization of Yuma crossing national heritage area Section 7 of the Yuma Crossing National Heritage Area Act of 2000 ( 16 U.S.C. 461 2015 2030

Yuma Crossing National Heritage Area Reauthorization Act

Natural Gas Gathering Enhancement Act - Authorizes the Secretary of the Interior to permit the use of rights of way for natural gas pipelines through public lands, forest, and other reservations of the United States, and specified national parks in California. Defines "gas gathering line and associated field compression unit" as: (1) a pipeline installed to transport natural gas production associated with one or more wells drilled and completed to produce crude oil; and (2) if necessary, a compressor to raise the pressure of that transported natural gas to higher pressures suitable to enable the gas to flow into pipelines and other facilities. Excludes from such definition any pipeline or compression unit installed to transport natural gas from a processing plant to a common carrier pipeline or facility. Excludes from federal lands, for purposes of gas gathering line and associated field compression units, any unit of the National Park System, any unit of the National Wildlife Refuge System, or a component of the National Wilderness Preservation System. Deems the issuance of a sundry notice or right-of-way for a gas gathering line and associated field compression unit located on federal or Indian land and servicing an oil well to be an action categorically excluded for purposes of the National Environmental Policy Act of 1969 (NEPA), if the line and the compression unit: (1) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to NEPA analyzed transportation of natural gas produced from one or more oil wells in that field or unit as a reasonably foreseeable activity, and (2) are located adjacent to an existing disturbed area for the construction of a road or pad. (A "categorical exclusion" is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an environmental assessment nor an environmental impact statement is required.) Declares this categorical exclusion inapplicable if the governor of the state in which the federal land is located requests in writing that it be waived. Applies the categorical exclusion to Indian land for which the Indian tribe with jurisdiction over the land requests in writing that it be applied. Amends the Energy Policy Act of 2005 to direct the Secretary to study permissible actions or proposed changes to federal law which would expedite permitting for gas gathering lines and associated field compression units on federal or Indian land to transport natural gas associated with crude oil production, on any land, to a processing plant or a common carrier pipeline for delivery to markets. Amends the Mineral Leasing Act and the Federal Land Policy and Management Act of 1976 to direct the appropriate agency head to issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit located on federal or public lands: (1) within 30 days after receiving the request for a line and compression unit described in this Act, and (2) within 60 days after receiving a request for all other lines and compression units.

113 S2112 IS: Natural Gas Gathering Enhancement Act U.S. Senate 2014-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2112 IN THE SENATE OF THE UNITED STATES March 12, 2014 Mr. Barrasso Mr. Hoeven Mr. Enzi Committee on Energy and Natural Resources A BILL To authorize the approval of natural gas pipelines and establish deadlines and expedite permits for certain natural gas gathering lines on Federal land and Indian land. 1. Short title This Act may be cited as the Natural Gas Gathering Enhancement Act 2. Findings Congress finds that— (1) record volumes of natural gas production in the United States as of the date of enactment of this Act are providing enormous benefits to the United States, including by— (A) reducing the need for imports of natural gas, thereby directly reducing the trade deficit; (B) strengthening trade ties among the United States, Canada, and Mexico; (C) providing the opportunity for the United States to join the emerging global gas trade through the export of liquefied natural gas; (D) creating and supporting millions of new jobs across the United States; (E) adding billions of dollars to the gross domestic product of the United States every year; (F) generating additional Federal, State, and local government tax revenues; and (G) revitalizing the manufacturing sector by providing abundant and affordable feedstock; (2) large quantities of natural gas are lost due to venting and flaring, primarily in areas where natural gas infrastructure has not been developed quickly enough, such as States with large quantities of Federal land and Indian land; (3) permitting processes can hinder the development of natural gas infrastructure, such as pipeline lines and gathering lines on Federal land and Indian land; and (4) additional authority for the Secretary of the Interior to approve natural gas pipelines and gathering lines on Federal land and Indian land would— (A) assist in bringing gas to market that would otherwise be vented or flared; and (B) significantly increase royalties collected by the Secretary of the Interior and disbursed to Federal, State, and tribal governments and individual Indians. 3. Authority to approve natural gas pipelines Section 1 of the Act of February 15, 1901 (31 Stat. 790, chapter 372; 16 U.S.C. 79 , for natural gas pipelines distribution of electrical power 4. Certain natural gas gathering lines located on Federal land and Indian land (a) In general Subtitle B of title III of the Energy Policy Act of 2005 ( Public Law 109–58 319. Certain natural gas gathering lines located on Federal land and Indian land (a) Definitions In this section: (1) Gas gathering line and associated field compression unit (A) In general The term gas gathering line and associated field compression unit (i) a pipeline that is installed to transport natural gas production associated with 1 or more wells drilled and completed to produce crude oil; and (ii) if necessary, a compressor to raise the pressure of that transported natural gas to higher pressures suitable to enable the gas to flow into pipelines and other facilities. (B) Exclusions The term gas gathering line and associated field compression unit (2) Federal land (A) In general The term Federal land (B) Exclusions The term Federal land (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; or (iii) a component of the National Wilderness Preservation System. (3) Indian land The term Indian land (A) the United States in trust for an Indian tribe or an individual Indian; or (B) an Indian tribe or an individual Indian subject to a restriction by the United States against alienation. (b) Certain natural gas gathering lines (1) In general Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gas gathering line and associated field compression unit that is located on Federal land or Indian land and that services any oil well shall be considered to be an action that is categorically excluded (as defined in section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (A) within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of natural gas produced from 1 or more oil wells in that field or unit as a reasonably foreseeable activity; and (B) located adjacent to an existing disturbed area for the construction of a road or pad. (2) Applicability (A) Federal land Paragraph (1) shall not apply to Federal land, or a portion of Federal land, for which the Governor of the State in which the Federal land is located submits to the Secretary of the Interior or the Secretary of Agriculture, as applicable, a written request that paragraph (1) not apply to that Federal land (or portion of Federal land). (B) Indian land Paragraph (1) shall apply to Indian land, or a portion of Indian land, for which the Indian tribe with jurisdiction over the Indian land submits to the Secretary of the Interior a written request that paragraph (1) apply to that Indian land (or portion of Indian land). (c) Effect on other law Nothing in this section affects or alters any requirement— (1) relating to prior consent under— (A) section 2 of the Act of February 5, 1948 ( 25 U.S.C. 324 (B) section 16(e) of the Act of June 18, 1934 ( 25 U.S.C. 476(e) Indian Reorganization Act (2) under any other Federal law (including regulations) relating to tribal consent for rights-of-way across Indian land. . (b) Assessments Title XVIII of the Energy Policy Act of 2005 ( Public Law 109–58 1841. Natural gas gathering system assessments (a) Definition of gas gathering line and associated field compression unit In this section, the term gas gathering line and associated field compression unit (b) Study Not later than 1 year after the date of enactment of the Natural Gas Gathering Enhancement Act (1) any actions that may be taken, under Federal law (including regulations), to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and (2) any proposed changes to Federal law (including regulations) to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets. (c) Report Not later than 180 days after the date of enactment of the Natural Gas Gathering Enhancement Act (1) the progress made in expediting permits for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and (2) any issues impeding that progress. . (c) Technical amendments (1) Section 1(b) of the Energy Policy Act of 2005 ( Public Law 109–58 Sec. 319. Natural gas gathering lines located on Federal land and Indian land. . (2) Section 1(b) of the Energy Policy Act of 2005 ( Public Law 109–58 Sec. 1841. Natural gas gathering system assessments. . 5. Deadlines for permitting natural gas gathering lines under the Mineral Leasing Act Section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 (z) Natural gas gathering lines The Secretary of the Interior or other appropriate agency head shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on Federal lands— (1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and (2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance. . 6. Deadlines for permitting natural gas gathering lines under the Federal Land Policy and Management Act of 1976 Section 504 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1764 (k) Natural gas gathering lines The Secretary concerned shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on public lands— (1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and (2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance. .

Natural Gas Gathering Enhancement Act

Taxpayer Right-to-Know Act - (Sec. 2) Defines "program" for purposes of this Act as an organized set of activities by one or more agencies directed toward a common purpose or goal. Requires that the website of the Office of Management and Budget (OMB) include a program inventory that identifies each program of the federal government, which shall include: (1) any activity that is commonly referred to as a program; (2) any activity specifically created by law, or referenced in law, as a program; (3) each program that has an application process; (4) each program for which financial awards are made on a competitive basis; and (5) any activity identified as a program activity in a budget request. Requires, for each program identified in such program inventory: (1) an identification of the specific statute that authorizes the program and any program regulations; (2) an estimate of the number of individuals served by any program that provides grants or financial assistance and the beneficiaries who received financial assistance under the program; (3) an estimate of the number of full-time employees who administer the program and the number of such employees whose salary is paid, in full or part, by the federal government; (4) links to any evaluation, assessment, or program performance reviews by the agency, an Inspector General, or the Government Accountability Office (GAO) released during the preceding five years; and (5) financial information for each program required to be reported under the Federal Funding Accountability and Transparency Act of 2006. Requires the OMB Director to issue guidance to assist agencies in identifying how the program activities used in budget or appropriations accounts correspond with programs identified in the program inventory required by this Act. Authorizes the Director to issue guidance to agencies on how to more closely align programs in the program inventory for purposes of the President's annual budget submission to Congress. (Sec. 3) Requires: (1) the OMB Director, not later than 120 days after the enactment of this Act, to prescribe regulations or other guidance to implement this Act; and (2) the implementation of this Act not later than 1 year after its enactment.

113 S2113 IS: Taxpayers Right-To-Know Act U.S. Senate 2014-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2113 IN THE SENATE OF THE UNITED STATES March 12, 2014 Mr. Coburn Ms. Ayotte Mr. Begich Mr. Burr Mr. Chambliss Ms. Collins Mr. Cruz Mr. Enzi Mr. Flake Mr. Hatch Mr. Inhofe Mr. Johnson of Wisconsin Mr. McCain Mrs. McCaskill Mr. Paul Mr. Portman Mr. Risch Mr. Scott Mr. Vitter Mr. Warner Committee on Homeland Security and Governmental Affairs A BILL To provide taxpayers with an annual report disclosing the cost and performance of Government programs and areas of duplication among them, and for other purposes. 1. Short title This Act may be cited as the Taxpayers Right-To-Know Act 2. Cost and performance of Government programs (a) Amendment Section 1122(a) (3) Additional information (A) In general Information for each program described under paragraph (1) shall include the following (which shall be updated not less frequently than annually): (i) The total administrative expenses for the program for the previous fiscal year. (ii) The expenditures for services for the program for the previous fiscal year. (iii) An estimate of the number of clients served by the program and beneficiaries who received assistance under the program (if applicable) for the previous fiscal year. (iv) An estimate of, for the previous fiscal year— (I) the number of full-time Federal employees who administer the program; and (II) the number of full-time employees whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance who administer or assist in administering the program. (v) An identification of the specific statute that authorizes the program, including whether such authorization is expired. (vi) Any finding of duplication or overlap identified by internal review, an Inspector General, the Government Accountability Office, or other report to the agency about the program. (vii) Any program performance reviews (including program performance reports required under section 1116). (B) Definitions In this paragraph: (i) Administrative expenses The term administrative expenses (I) has the meaning given that term by the Director of the Office of Management and Budget under section 504(b)(2) of the Energy and Water Development and Related Agencies Appropriations Act, 2010 ( 31 U.S.C. 1105 (II) includes, with respect to an agency— (aa) costs incurred by the agency and costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and (bb) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency. (ii) Services The term services (I) has the meaning given that term by the Director of the Office of Management and Budget; and (II) shall be limited to only activities, assistance, and aid that provide a direct benefit to a recipient, such as the provision of medical care, assistance for housing or tuition, or financial support (including grants and loans). . (b) Expired grant funding Not later than February 1 of each fiscal year, the Director of the Office of Management and Budget shall publish on the public website of the Office of Management and Budget the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. 3. Government Accountability Office requirements relating to identification, consolidation, and elimination of duplicative Government programs Section 21 of the Statutory Pay-As-You-Go Act of 2010 31 U.S.C. 712 (1) by striking The Comptroller General (a) In general The Comptroller General ; and (2) by adding at the end the following: (b) Updates The Comptroller General shall maintain on a publicly available website (which shall include regular updates, not less frequently than annually) the status of responses by Departments and Congress to suggested actions that the Comptroller General has previously identified in annual reports under subsection (a). The status of the suggested actions shall be tracked for an appropriate period to be determined by the Comptroller General. . 4. Classified information Nothing in this Act shall, or the amendments made by this Act, be construed to require the disclosure of classified information. 5. Regulations and implementation (a) Regulations Not later than 120 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall prescribe regulations to implement this Act, and the amendments made by this Act. (b) Implementation This Act, and the amendments made by this Act, shall be implemented not later than 1 year after the date of enactment of this Act. (c) No additional funds authorized No additional funds are authorized to carry out the requirements of this Act, or the amendments made by this Act.

Taxpayers Right-To-Know Act

Bond Transparency Act of 2014 - Amends the Securities Exchange Act of 1934 to define a "riskless principal transaction" as any transaction the Securities and Exchange Commission (SEC) identifies as one, but primarily one in which a broker, dealer, or municipal securities dealer acts on a customer order to buy or sell either municipal securities or corporate debt securities while also acting as principal for its own account in order to complete the transaction. Requires a broker or dealer, at or before completion of the transaction, to make a markup disclosure in writing to the customer of the difference between either: (1) the customer's purchase price and the broker or dealer's purchase price; or (2) the customer's sale price and the broker or dealer's sale price. Subjects riskless principal transactions in corporate debt securities to the same markup disclosure requirements as those for riskless principal transactions in municipal securities.

113 S2114 IS: Bond Transparency Act of 2014 U.S. Senate 2014-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2114 IN THE SENATE OF THE UNITED STATES March 12, 2014 Mr. Warner Mr. Coburn Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 with respect to disclosures to investors in municipal and corporate debt securities, and for other purposes. 1. Short title This Act may be cited as the Bond Transparency Act of 2014 2. Markup disclosure in riskless principal transactions in municipal securities Section 15B of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4 (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: (e) Markup disclosure in riskless principal transactions (1) Definition In this subsection, the term riskless principal transaction (A) a transaction in which a broker, dealer, or municipal securities dealer receives a customer order to buy or sell any municipal securities and, after receiving the customer order, buys the municipal securities from, or sells the municipal securities to, another person, while acting as principal for its own account, to complete the customer order; and (B) any other transaction the Commission identifies by rule as a riskless principal transaction. (2) Disclosure required A broker, dealer, or municipal securities dealer that effects a riskless principal transaction shall disclose to the customer, in writing, at or before the time of completion of the transaction, the amount of the difference between— (A) the customer's purchase price and the broker's, dealer's or municipal securities dealer's purchase price; or (B) the customer's sale price and the broker's, dealer's, or municipal securities dealer's sale price. . 3. Markup disclosure in riskless principal transactions in corporate debt securities Section 15 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o (p) Markup disclosure in riskless principal transactions in corporate debt securities (1) Definitions In this subsection— (A) the term specified debt security (i) means any security that— (I) evidences a liability of the issuer (including any such security that is convertible into stock or similar security), including bonds, debentures, notes, or any similar instruments, and any fractional or participation interests in any of the foregoing; and (II) constitutes— (aa) United States dollar-denominated securities issued by the United States or a foreign private issuer; or (bb) any other security the Commission identifies by rule as a specified debt security for the purposes of this subsection; and (ii) does not include a municipal security, as defined in section 3(a)(29) of this Act; and (B) the term riskless principal transaction (i) a transaction in which a broker or dealer receives a customer order to buy or sell any specified debt securities and, after receiving the customer order, buys the specified debt securities from, or sells the specified debt securities to, another person, while acting as principal for its own account, to complete the customer order; and (ii) any other transaction the Commission identifies by rule as a riskless principal transaction. (2) Disclosure required A broker or dealer that effects a riskless principal transaction shall disclose to the customer, in writing, at or before the time of completion of the transaction, the amount of the difference between— (A) the customer's purchase price and the broker's or dealer's purchase price; or (B) the customer's sale price and the broker's or dealer's sale price. .

Bond Transparency Act of 2014

American Cures Act - Establishes a Biomedical Research Fund to be administered by the Secretary of the Treasury to provide for an expanded and sustained national investment in biomedical research. Requires amounts to be transferred from the Fund for each fiscal year to accounts related to the National Institutes of Health (NIH), the Centers for Disease Control and Prevention (CDC), the Department of Defense (DOD) health program, and the medical and prosthetics research program of the Department of Veterans Affairs (VA) to ensure that funding for such programs and agencies does not fall below 105% of the level of funding provided for the preceding fiscal year and an additional amount to account for any increases in the Gross Domestic Product for the year involved. Requires that amounts appropriated for each of such programs and agencies for a fiscal year be not be less than the amounts appropriated for FY2014. Authorizes and appropriates to the Fund such sums as necessary in each fiscal year to enable such transfers. Amends the Balanced Budget and Emergency Deficit Control Act to exempt the Fund from any sequestration order issued under such Act.

113 S2115 IS: American Cures Act U.S. Senate 2014-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2115 IN THE SENATE OF THE UNITED STATES March 12, 2014 Mr. Durbin Mr. Reed Ms. Hirono Mr. Brown Mrs. Feinstein Mr. Markey Mr. Casey Mr. Cardin Mrs. Boxer Mrs. Hagan Committee on Health, Education, Labor, and Pensions A BILL To provide for the establishment of a fund to provide for an expanded and sustained national investment in biomedical research. 1. Short title This Act may be cited as the American Cures Act 2. Biomedical Research Fund (a) Purpose It is the purpose of this section to establish a Biomedical Research Fund (referred to in this section as the Fund (b) Use of fund (1) In general For each fiscal year, amounts shall be transferred from the Fund to the accounts related to the programs and agencies described in paragraph (2) to ensure that funding for such programs and agencies for such fiscal year does not fall below 105 percent of the level of funding provided for the fiscal year immediately preceding the fiscal year for which the determination is being made and an additional amount to account for any increases in the Gross Domestic Product for the year involved. (2) Agencies The programs and agencies described in this paragraph are the following: (A) The National Institutes of Health. (B) The Centers for Disease Control and Prevention. (C) The Department of Defense health program. (D) The medical and prosthetics research program of the Department of Veterans Affairs. (c) Minimum continued funding requirement Amounts appropriated for each of the programs and agencies described in subsection (b)(2) for a fiscal year shall not be less than the amounts appropriated for such programs and agencies for fiscal year 2014. (d) Funding There are hereby authorized to be appropriated, and appropriated, to the Fund, out of any monies in the Treasury not otherwise appropriated, such sums as may be necessary in each fiscal year to enable the transfers to be made in accordance with subsection (b)(1). (e) Transfer authority The Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives may provide for the transfer of funds in the Fund to eligible programs and agencies under this section, subject to subsection (b). (f) Exemption of certain payments from sequestration (1) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) is amended by inserting after Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600). Biomedical Research Fund. . (2) Applicability The amendment made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.

American Cures Act

Native American Seeds Protection Act of 2014 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize the Secretary of Agriculture to award grants to, and enter into agreements with, Indian tribes and 1994 Institutions to conduct research and education and training programs concerning the purity of Native American seeds. (1994 Institutions are Native American tribally-controlled colleges and universities that were granted land-grant status in 1994.) Requires grant applicants to certify that any research conducted will be performed under a cooperative agreement with at least one other entity that has the capacity and infrastructure necessary to carry out agricultural research projects. Authorizes the use of the grants to fund research to assess the impact of: (1) public law and policies on traditional ways of life and cultural practices relating to the harvesting and cultivating of Native American seeds, and (2) contaminants that compromise the integrity and purity of those seeds. Authorizes the use of the grants to fund education and training programs on: (1) the methods necessary to conduct such research; and (2) the best methods to continuously test, monitor, and otherwise protect the purity of Native American seeds. Amends the Consolidated Farm and Rural Development Act to authorize the use of grants under the community facilities grant program to expand, construct, and develop seed storage facilities that are used to protect and preserve Native American seeds.

113 S2116 IS: Native American Seeds Protection Act of 2014 U.S. Senate 2014-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2116 IN THE SENATE OF THE UNITED STATES March 12, 2014 Mr. Heinrich Mr. Udall of New Mexico Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture, in consultation with Indian tribes, to make grants, competitive grants, and special research grants to, and enter into cooperative agreements and other contracting instruments with, eligible entities to conduct research and education and training programs to protect and preserve Native American seeds, and for other purposes. 1. Short title This Act may be cited as the Native American Seeds Protection Act of 2014 2. Research grants for purposes of protection and preservation of Native American seeds (a) In general Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1418 (7 U.S.C. 3153) the following: 1419. Research grants for purposes of protection and preservation of Native American seeds (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 (B) an Indian tribe. (2) Indian tribe The term Indian tribe 25 U.S.C. 450b (3) Qualified research entity The term qualified research entity (A) a State agricultural experiment station; (B) a college or university (including a 1994 Institution); (C) another research institution or organization; (D) a private organization; (E) a corporation; or (F) an individual. (b) Authority Consistent with this section, the Secretary may make grants (including competitive grants and special research grants) to, and enter into cooperative agreements and other contracting instruments with, eligible entities to conduct research and education and training programs that— (1) are objective, operationally independent, and external to the Federal Government; and (2) concern the purity of Native American seeds (as defined by the Secretary, in consultation with Indian tribes). (c) Cooperation required Grant applications submitted by an eligible entity under this section shall certify that the research to be conducted will be performed under a cooperative agreement with at least 1 other qualified research entity. (d) Activities Under this section, funding may be provided to conduct— (1) research to assess the direct and indirect impacts of— (A) public law and policies on traditional ways of life and cultural practices relating to the harvesting and cultivating of Native American seeds; and (B) contaminants that compromise the integrity and purity of Native American seeds; and (2) education and training programs on— (A) the methods necessary to conduct the research described in paragraph (1); and (B) the best methods to continuously test, monitor, and otherwise protect the purity of Native American seeds. (e) Report Beginning not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains— (1) a description of the results of any research conducted under this section; (2) a description of the effectiveness of any education and training programs conducted under this section in enabling eligible entities to ensure the purity of Native American seeds; and (3) any recommendations of the Secretary to improve the effectiveness of the education and training programs. . (b) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out section 1419 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (as added by subsection (a)), including regulations to define the term Native American seed 3. Developing seed storage facilities to preserve and protect Native American seeds Section 306(a)(19)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(19)(A) (1) by striking ,, (2) by inserting , including the expansion, construction, and infrastructure costs associated with developing seed storage facilities that are used to protect and preserve Native American seeds (as defined by the Secretary pursuant to section 1419 of the National Agricultural Research, Education, and Teaching Policy Act of 1977)

Native American Seeds Protection Act of 2014

Smart Savings Act - Makes the default investment in the Thrift Savings Plan (TSP) an age-appropriate target date asset allocation portfolio (L Fund), instead of the Government Securities Investment Fund (G Fund), if no election has been made for the investment of available funds. Retains the Government Securities Investment Fund as the default fund for members of the Uniformed Services. Requires TSP participants whose default fund is an age-appropriate L Fund to receive a risk acknowledgement before being enrolled to make TSP contributions. Makes this Act: (1) effective on the date the Executive Director of the Federal Retirement Thrift Investment Board issues guidance for implementing this Act, and (2) applicable to individuals who enroll in the Thrift Savings Plan on or after such date. Extends requirements relating to fiduciary protections to TSP beneficiaries.

113 S2117 ES: Smart Savings Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 2117 IN THE SENATE OF THE UNITED STATES AN ACT To amend title 5, United States Code, to change the default investment fund under the Thrift Savings Plan, and for other purposes. 1. Short title This Act may be cited as the Smart Savings Act 2. Thrift Savings Plan default investment fund (a) In general Section 8438(c)(2) (2) (A) Except as provided in subparagraph (B), if an election has not been made with respect to any sums available for investment in the Thrift Savings Fund, the Executive Director shall invest such sums in an age-appropriate target date asset allocation portfolio of the funds described in subsection (b), as determined by the Executive Director. (B) If an election has not been made by a member (as defined in section 211 . (b) Acknowledgment of risk Section 8439(d) (1) by inserting (1) Each employee (2) by adding at the end the following: (2) Before the date on which an individual is enrolled to make contributions to the Thrift Savings Fund, or as soon as practical thereafter, an individual who is automatically enrolled under section 8432(b)(2) shall receive the risk acknowledgment information described in paragraph (1). . (c) Technical and conforming amendment Section 8472(g)(2) required by section 8438 of this title to be invested in securities of the Government under section 8438(c)(2)(B) (d) Guidance Not later than 9 months after the date of enactment of this Act, the Executive Director (as that term is defined under section 8401(13) (e) Effective date and application The amendments made by this section shall— (1) take effect on the date on which the Executive Director issues guidance under subsection (d); and (2) apply to individuals who enroll in the Thrift Savings Plan on or after such date. 3. Clarification of fiduciary protections Section 8477(e)(1)(C)(ii) (1) in subclause (II)— (A) by inserting or beneficiary participant (B) by inserting or option fund (2) in subclause (III)— (A) by inserting or beneficiary participant (B) by inserting or beneficiaries' participants' Passed the Senate September 16, 2014. Secretary

Smart Savings Act

Head Start Improvement Act of 2014 - Amends the Head Start Act to eliminate, beginning on the first fiscal year following this Act's enactment, the formula for allotting Head Start program funds to Head Start agencies. Directs the Secretary of Health and Human Services (HHS) to allot block grants for prekindergarten programs to states, the District of Columbia, U.S. territories, the Republic of Palau, and each federally recognized Indian tribe on the basis of each jurisdiction's share of children aged five and younger who are from families with incomes below 130% of the poverty level. Requires the Governor or other chief executive of each grantee to certify that all grant funds will be used to directly or indirectly provide comprehensive education and related services to low-income children and their families. Requires grantees to: (1) award subgrants to prekindergarten providers of their choosing, (2) establish rules and standards for those subgrantees to follow, and (3) monitor compliance with those rules and standards. Gives grantees full flexibility to use the grant funds to finance a prekindergarten education provider, service, or program, including to establish a portable voucher system. Requires grantees to provide matching funds from nonfederal sources equal to 20% of their grant.

113 S2119 IS: Head Start Improvement Act of 2014 U.S. Senate 2014-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2119 IN THE SENATE OF THE UNITED STATES March 12, 2014 Mr. Lee Committee on Health, Education, Labor, and Pensions A BILL To amend the Head Start Act to authorize block grants to States for prekindergarten education. 1. Short title This Act may be cited as the Head Start Improvement Act of 2014 2. Head Start Block grants The Head Start Act (42 U.S.C. 9831 et seq.) is amended— (1) in section 640, by adding at the end the following: (p) Beginning on October 1 of the first fiscal year following the date of enactment of the Head Start Improvement Act of 2014, the Secretary shall not allocate, reserve, or otherwise provide funds pursuant to this section. ; and (2) by inserting after section 640 the following: 640A. Block grants to eligible grantees (a) In general Notwithstanding any other provision of this subchapter, beginning on October 1 of the first fiscal year following the date of enactment of the Head Start Improvement Act of 2014, from the amounts appropriated to carry out this subchapter under section 639 for a fiscal year, the Secretary shall award grants to eligible grantees in accordance with this section. (b) Allotments (1) Eligible grantee defined In this section, the term eligible grantee (2) Formula The Secretary shall allot the amount appropriated under section 639 for a fiscal year among the eligible grantees in proportion to the number of children, aged 5 and younger, who reside within the eligible grantee and are from families with incomes below 130 percent of the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such children who reside in all such eligible grantees for that fiscal year. (c) Use of funds (1) In general An eligible grantee that receives a grant under this section shall use 100 percent of the grant funds— (A) for prekindergarten education programs in the eligible grantee; (B) for the administration of the programs described in subparagraph (A); and (C) to provide direct technical assistance, oversight, monitoring, research, and training with respect to the programs described in subparagraph (A). (2) Certification The Governor, or other chief executive, of each eligible grantee that receives a grant under this section shall certify that all grant funds received under this section will be used to directly or indirectly provide comprehensive education and related services to low-income children and their families. (3) Eligible grantee responsibilities An eligible grantee that receives a grant under this section shall— (A) award subgrants to eligible entities (as defined by the eligible grantee) to enable such entities to provide prekindergarten education programs in the eligible grantee; (B) establish rules and standards for the entities awarded subgrants under subparagraph (A); and (C) monitor compliance by entities awarded subgrants under subparagraph (A). (4) Flexibility Subject to the requirements of this section, an eligible grantee that receives a grant under this section shall have full flexibility to use grant funds to finance a prekindergarten education provider, service, or program, including to establish a portable voucher system. (5) Members of federally recognized indian tribes A member of a federally recognized Indian tribe who is eligible to receive services pursuant to a program funded under this section may elect to receive such services from any eligible entity in the eligible grantee in which the member resides. (d) Matching funds An eligible grantee that receives a grant under this section shall provide matching funds from non-Federal sources equal to 20 percent of the amount of the grant to carry out the activities described in this section. .

Head Start Improvement Act of 2014

SGR Repeal and Medicare Beneficiary Access Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) end and remove sustainable growth rate (SGR) methodology from the determination of annual conversion factors in the formula for payment for physicians' services, (2) freeze the update to the single conversion factor at 0.5% for 2014 through 2018 and at 0.00% for 2019 through 2023, and (3) establish an update of 1% for health professionals participating in alternative payment models (APMs) and an update of 0.5% for all other health professionals after 2023. Directs the Medicare Payment Advisory Commission (MEDPAC) to report to Congress on the relationship between: (1) physician and other health professional utilization and expenditures (and their rate of increase) of items and services for which Medicare payment is made; and (2) total utilization and expenditures (and their rate of increase) under Medicare parts A (Hospital Insurance), B (Supplementary Medical Insurance), and D (Voluntary Prescription Drug Benefit Program). Requires a separate report on the 2014-2018 update to physicians' services under Medicare Revises and consolidates components of the three specified existing performance incentive programs into a merit-based incentive payment (MIP) system the Secretary of Health and Human Services (HHS) is directed to establish, under which MIP-eligible professionals (excluding most APM participants) receive annual payment increases or decreases based on their performance. Requires specified incentive payments to eligible APM participants. Directs the Secretary to make available on the Physician Compare website certain information, including information regarding the performance of MIP-eligible professionals. Requires the Comptroller General (GAO) to evaluate the VBP program. Requires the Secretary to study the application of federal fraud prevention laws related to APMs. Directs the Secretary to draft a plan for development of quality measures to assess professionals, including non-patient-facing professionals. Requires the Secretary to establish new Healthcare Common Procedure Coding System (HCPCS) codes for chronic care management services. Directs the Secretary to conduct an education and outreach campaign to inform professionals who furnish items and services under Medicare part B and part B enrollees of the benefits of chronic care management services. Authorizes the Secretary to: (1) collect and use information on the resources directly or indirectly related to physicians' services in the determination of relative values under the fee schedule; and (2) establish or adjust practice expense relative values using cost, charge, or other data from suppliers or service providers. Revises and expands factors for identification of potentially misvalued codes. Sets an annual target for relative value adjustments for misvalued services. Phases-in significant relative value unit (RVU) reductions. Directs the Secretary to establish a program to promote the use of appropriate use evidence-based criteria for applicable imaging services furnished in an applicable setting by ordering professionals and furnishing professionals. Expands the kinds of uses of Medicare data available to qualified entities for quality improvement activities. Directs the Secretary to provide Medicare data to qualified clinical data registries to facilitate quality improvement or patient safety. Allows continuing renewals of any two-year period for which a physician or practitioner opts out of the Medicare claims process under a private contract with a beneficiary. Declares it a national objective to achieve widespread exchange of health information through interoperable certified electronic health records (EHR) technology nationwide by December 31, 2017. Directs the Secretary to establish related metrics. Requires meaningful EHR professionals and hospitals to demonstrate that they have not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology. Directs GAO to study specified telehealth and remote patient monitoring services. Modifies extensions and other requirements pertaining to the work geographic adjustment as well as Medicare payment for therapy services and ambulance services. Revises requirements for: (1) the Medicare-dependent hospital (MDH) program, (2) the Medicare inpatient hospital payment adjustment for low-volume hospitals, as well as (3) specialized Medicare Advantage (MA) plans for special needs individuals. Amends SSA title XIX (Medicaid) to extend the qualifying individual (QI) program, the transitional medical assistance (TMA) program, and express lane program eligibility. Amends SSA title XI with respect to continue funding for pediatric quality measures. Amends the Public Health Service Act to extend certain special diabetes programs. Extends the abstinence education grant program, the personal responsibility education program, and family-to-family health information centers. Extends the health workforce demonstration project for low-income individuals under SSA title XX. Requires each Medicare administrative contractor to establish an improper payment outreach and education program to give service providers and suppliers information on payment errors with a view to reducing improper Medicare payments. Revises requirements for a Medicaid fraud control unit's authority to investigate and prosecute complaints of abuse and neglect of patients in home and community-based settings. Authorizes the HHS Inspector General to receive and retain 3% of all amounts collected pursuant to civil debt collection and administrative enforcement actions related to false claims or frauds involving the Medicare or Medicaid program. Requires valid prescriber National Provider Identifiers on pharmacy claims against prescription drug plans (PDPs). Directs the Secretary to establish a Commission on Improving Patient Directed Health Care. Expands the definition of inpatient hospital services for certain cancer hospitals. Directs the Secretary to provide for the development of one or more quality measures under Medicare to accurately communicate the existence and provide for the transfer of patient health information and patient care preferences when an individual transitions from a hospital to return home or move to other post-acute care settings. Specifies that the minimum level of supervision with respect to outpatient therapeutic critical access hospital services shall be general supervision. Requires state licensure of bidding entities under the competitive acquisition program for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). Recognizes attending physician assistants as attending physicians to serve hospice patients under Medicare. Directs the Secretary to conduct remote patient monitoring pilot projects. Requires the Secretary to establish a Community-Based Institutional Special Needs Plan demonstration project to prevent and delay institutionalization under Medicaid among targeted low-income Medicare beneficiaries. Directs the Secretary to implement a strategic plan to increase the usefulness of data about Medicaid programs reported by states to the Centers for Medicare and Medicaid Services. Includes podiatrists as physicians under the Medicaid program. Modifies Medicare requirements for inclusion of diabetic shoes under medical and other health services. Directs the Secretary to: (1) publish criteria for a clinic to be certified by a state as a certified community behavioral health clinic, (2) award states planning grants to develop proposals to participate in time-limited related demonstration programs, and (3) select states to participate in such programs. Requires the Secretary to report annually to Congress on payment adjustments to disproportionate share hospitals (DSHs) in order to provide Congress with information relevant to determining an appropriate level of overall funding for such adjustments during and after a certain period in which aggregate reductions in DSH allotments to states are required. Amends the Patient Protection and Affordable Care Act and the Internal Revenue Code (IRC) to repeal the requirement that individuals maintain minimal essential health care coverage beginning in 2014, subject to a specified tax penalty for failing to do so (individual mandate). Requires the IRC to be applied and administered as if such requirement had never been enacted.

113 S2122 PCS: Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 U.S. Senate 2014-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 330 113th CONGRESS 2d Session S. 2122 IN THE SENATE OF THE UNITED STATES March 12, 2014 Mr. Hatch Mr. McConnell Mr. Cornyn March 13, 2014 Read the second time and placed on the calendar A BILL To amend titles XVIII and XIX of the Social Security Act to repeal the Medicare sustainable growth rate and to improve Medicare and Medicaid payments, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Medicare Payment for Physicians' Services Sec. 101. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services. Sec. 102. Priorities and funding for measure development. Sec. 103. Encouraging care management for individuals with chronic care needs. Sec. 104. Ensuring accurate valuation of services under the physician fee schedule. Sec. 105. Promoting evidence-based care. Sec. 106. Empowering beneficiary choices through access to information on physicians’ services. Sec. 107. Expanding availability of Medicare data. Sec. 108. Reducing administrative burden and other provisions. TITLE II—Extensions Subtitle A—Medicare Extensions Sec. 201. Work geographic adjustment. Sec. 202. Medicare payment for therapy services. Sec. 203. Medicare ambulance services. Sec. 204. Revision of the Medicare-dependent hospital (MDH) program. Sec. 205. Revision of Medicare inpatient hospital payment adjustment for low-volume hospitals. Sec. 206. Specialized Medicare Advantage plans for special needs individuals. Sec. 207. Reasonable cost reimbursement contracts. Sec. 208. Quality measure endorsement and selection. Sec. 209. Permanent extension of funding outreach and assistance for low-income programs. Subtitle B—Medicaid and Other Extensions Sec. 211. Qualifying individual program. Sec. 212. Transitional Medical Assistance. Sec. 213. Express lane eligibility. Sec. 214. Pediatric quality measures. Sec. 215. Special diabetes programs. Subtitle C—Human Services Extensions Sec. 221. Abstinence education grants. Sec. 222. Personal responsibility education program. Sec. 223. Family-to-family health information centers. Sec. 224. Health workforce demonstration project for low-income individuals. TITLE III—Medicare and Medicaid program integrity Sec. 301. Reducing improper Medicare payments. Sec. 302. Authority for Medicaid fraud control units to investigate and prosecute complaints of abuse and neglect of Medicaid patients in home and community-based settings. Sec. 303. Improved use of funds received by the HHS Inspector General from oversight and investigative activities. Sec. 304. Preventing and reducing improper Medicare and Medicaid expenditures. TITLE IV—Other Provisions Sec. 401. Commission on Improving Patient Directed Health Care. Sec. 402. Expansion of the definition of inpatient hospital services for certain cancer hospitals. Sec. 403. Quality measures for certain post-acute care providers relating to notice and transfer of patient health information and patient care preferences. Sec. 404. Criteria for medically necessary, short inpatient hospital stays. Sec. 405. Transparency of reasons for excluding additional procedures from the Medicare ambulatory surgical center (ASC) approved list. Sec. 406. Supervision in critical access hospitals. Sec. 407. Requiring State licensure of bidding entities under the competitive acquisition program for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). Sec. 408. Recognition of attending physician assistants as attending physicians To serve hospice patients. Sec. 409. Remote patient monitoring pilot projects. Sec. 410. Community-Based Institutional Special Needs Plan Demonstration Program. Sec. 411. Applying CMMI waiver authority to PACE in order to foster innovations. Sec. 412. Improve and modernize Medicaid data systems and reporting. Sec. 413. Fairness in Medicaid supplemental needs trusts. Sec. 414. Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians. Sec. 415. Demonstration programs to improve community mental health services. Sec. 416. Annual Medicaid DSH report. Sec. 417. Implementation. TITLE V—Restoring individual liberty Sec. 501. Restoring individual liberty. I Medicare Payment for Physicians' Services 101. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services (a) Stabilizing fee updates (1) Repeal of SGR payment methodology Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (A) in subsection (d)— (i) in paragraph (1)(A), by inserting or a subsequent paragraph paragraph (4) (ii) in paragraph (4)— (I) in the heading, by inserting and ending with 2013 years beginning with 2001 (II) in subparagraph (A), by inserting and ending with 2013 a year beginning with 2001 (B) in subsection (f)— (i) in paragraph (1)(B), by inserting through 2013 of each succeeding year (ii) in paragraph (2), in the matter preceding subparagraph (A), by inserting and ending with 2013 beginning with 2000 (2) Update of rates for April through December of 2014, 2015, and subsequent years Subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (15) Update for 2014 through 2018 The update to the single conversion factor established in paragraph (1)(C) for 2014 and each subsequent year through 2018 shall be 0.5 percent. (16) Update for 2019 through 2023 The update to the single conversion factor established in paragraph (1)(C) for 2019 and each subsequent year through 2023 shall be zero percent. (17) Update for 2024 and subsequent years The update to the single conversion factor established in paragraph (1)(C) for 2024 and each subsequent year shall be— (A) for items and services furnished by a qualifying APM participant (as defined in section 1833(z)(2)) for such year, 1.0 percent; and (B) for other items and services, 0.5 percent. . (3) MedPAC reports (A) Initial report Not later than July 1, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship between— (i) physician and other health professional utilization and expenditures (and the rate of increase of such utilization and expenditures) of items and services for which payment is made under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (ii) total utilization and expenditures (and the rate of increase of such utilization and expenditures) under parts A, B, and D of title XVIII of such Act. Such report shall include a methodology to describe such relationship and the impact of changes in such physician and other health professional practice and service ordering patterns on total utilization and expenditures under parts A, B, and D of such title. (B) Final report Not later than July 1, 2020, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship described in subparagraph (A), including the results determined from applying the methodology included in the report submitted under such subparagraph. (C) Report on update to physicians’ services under Medicare Not later than July 1, 2018, the Medicare Payment Advisory Commission shall submit to Congress a report on— (i) the payment update for professional services applied under the Medicare program under title XVIII of the Social Security Act for the period of years 2014 through 2018; (ii) the effect of such update on the efficiency, economy, and quality of care provided under such program; (iii) the effect of such update on ensuring a sufficient number of providers to maintain access to care by Medicare beneficiaries; and (iv) recommendations for any future payment updates for professional services under such program to ensure adequate access to care is maintained for Medicare beneficiaries. (b) Consolidation of certain current law performance programs with new merit-Based Incentive Payment System (1) EHR meaningful use incentive program (A) Sunsetting separate meaningful use payment adjustments Section 1848(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(A) (i) in clause (i), by striking 2015 or any subsequent payment year 2015, 2016, or 2017 (ii) in clause (ii)— (I) in the matter preceding subclause (I), by striking Subject to clause (iii), for For (II) in subclause (III), by striking and each subsequent year (iii) by striking clause (iii). (B) Continuation of meaningful use determinations for MIPS Section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) (i) in subparagraph (A), in the matter preceding clause (i)— (I) by striking For purposes of paragraph (1), an An (II) by inserting , or pursuant to subparagraph (D) for purposes of subsection (q), for a performance period under such subsection for a year under such subsection for a year (ii) by adding at the end the following new subparagraph: (D) Continued application for purposes of MIPS With respect to 2018 and each subsequent payment year, the Secretary shall, for purposes of subsection (q) and in accordance with paragraph (1)(F) of such subsection, determine whether an eligible professional who is a MIPS eligible professional (as defined in subsection (q)(1)(C)) for such year is a meaningful EHR user under this paragraph for the performance period under subsection (q) for such year. . (2) Quality reporting (A) Sunsetting separate quality reporting incentives Section 1848(a)(8)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(8)(A) (i) in clause (i), by striking 2015 or any subsequent year 2015, 2016, or 2017 (ii) in clause (ii)(II), by striking and each subsequent year and 2017 (B) Continuation of quality measures and processes for MIPS Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (i) in subsection (k), by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the provisions of this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. ; and (ii) in subsection (m)— (I) by redesignating paragraph (7) added by section 10327(a) of Public Law 111–148 (II) by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the processes under this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. . (3) Value-based payments (A) Sunsetting separate value-based payments Clause (iii) of section 1848(p)(4)(B) of the Social Security Act ( 42 U.S.C. 1395w–4(p)(4)(B) (iii) Application The Secretary shall apply the payment modifier established under this subsection for items and services furnished on or after January 1, 2015, but before January 1, 2018, with respect to specific physicians and groups of physicians the Secretary determines appropriate. Such payment modifier shall not be applied for items and services furnished on or after January 1, 2018. . (B) Continuation of value-based payment modifier measures for MIPS Section 1848(p) of the Social Security Act ( 42 U.S.C. 1395w–4(p) (i) in paragraph (2), by adding at the end the following new subparagraph: (C) Continued application for purposes of MIPS The Secretary shall, in accordance with subsection (q)(1)(F), carry out subparagraph (B) for purposes of subsection (q). ; and (ii) in paragraph (3), by adding at the end the following: With respect to 2018 and each subsequent year, the Secretary shall, in accordance with subsection (q)(1)(F), carry out this paragraph for purposes of subsection (q). (c) Merit-Based Incentive Payment System (1) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (q) Merit-Based Incentive Payment System (1) Establishment (A) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish an eligible professional Merit-based Incentive Payment System (in this subsection referred to as the MIPS (i) develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) for a performance period (as established under paragraph (4)) for a year; (ii) using such methodology, provide for a composite performance score in accordance with paragraph (5) for each such professional for each performance period; and (iii) use such composite performance score of the MIPS eligible professional for a performance period for a year to determine and apply a MIPS adjustment factor (and, as applicable, an additional MIPS adjustment factor) under paragraph (6) to the professional for the year. (B) Program implementation The MIPS shall apply to payments for items and services furnished on or after January 1, 2018. (C) MIPS eligible professional defined (i) In general For purposes of this subsection, subject to clauses (ii) and (iv), the term MIPS eligible professional (I) for the first and second years for which the MIPS applies to payments (and for the performance period for such first and second year), a physician (as defined in section 1861(r)), a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)) and a group that includes such professionals; and (II) for the third year for which the MIPS applies to payments (and for the performance period for such third year) and for each succeeding year (and for the performance period for each such year), the professionals described in subclause (I) and such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary and a group that includes such professionals. (ii) Exclusions For purposes of clause (i), the term MIPS eligible professional (I) is a qualifying APM participant (as defined in section 1833(z)(2)); (II) subject to clause (vii), is a partial qualifying APM participant (as defined in clause (iii)) for the most recent period for which data are available and who, for the performance period with respect to such year, does not report on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS; or (III) for the performance period with respect to such year, does not exceed the low-volume threshold measurement selected under clause (iv). (iii) Partial qualifying APM participant For purposes of this subparagraph, the term partial qualifying APM participant (I) with respect to 2018 and 2019, the reference in subparagraph (A) of such paragraph to 25 percent was instead a reference to 20 percent; (II) with respect to 2020 and 2021— (aa) the reference in subparagraph (B)(i) of such paragraph to 50 percent was instead a reference to 40 percent; and (bb) the references in subparagraph (B)(ii) of such paragraph to 50 percent and 25 percent of such paragraph were instead references to 40 percent and 20 percent, respectively; and (III) with respect to 2022 and subsequent years— (aa) the reference in subparagraph (C)(i) of such paragraph to 75 percent was instead a reference to 50 percent; and (bb) the references in subparagraph (C)(ii) of such paragraph to 75 percent and 25 percent of such paragraph were instead references to 50 percent and 20 percent, respectively. (iv) Selection of low-volume threshold measurement The Secretary shall select a low-volume threshold to apply for purposes of clause (ii)(III), which may include one or more or a combination of the following: (I) The minimum number (as determined by the Secretary) of individuals enrolled under this part who are treated by the eligible professional for the performance period involved. (II) The minimum number (as determined by the Secretary) of items and services furnished to individuals enrolled under this part by such professional for such performance period. (III) The minimum amount (as determined by the Secretary) of allowed charges billed by such professional under this part for such performance period. (v) Treatment of new Medicare enrolled eligible professionals In the case of a professional who first becomes a Medicare enrolled eligible professional during the performance period for a year (and had not previously submitted claims under this title such as a person, an entity, or a part of a physician group or under a different billing number or tax identifier), such professional shall not be treated under this subsection as a MIPS eligible professional until the subsequent year and performance period for such subsequent year. (vi) Clarification In the case of items and services furnished during a year by an individual who is not a MIPS eligible professional (including pursuant to clauses (ii) and (v)) with respect to a year, in no case shall a MIPS adjustment factor (or additional MIPS adjustment factor) under paragraph (6) apply to such individual for such year. (vii) Partial qualifying APM participant clarifications (I) Treatment as MIPS eligible professional In the case of an eligible professional who is a partial qualifying APM participant, with respect to a year, and who for the performance period for such year reports on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS, such eligible professional is considered to be a MIPS eligible professional with respect to such year. (II) Not eligible for qualifying APM participant payments In no case shall an eligible professional who is a partial qualifying APM participant, with respect to a year, be considered a qualifying APM participant (as defined in paragraph (2) of section 1833(z)) for such year or be eligible for the additional payment under paragraph (1) of such section for such year. (D) Application to group practices (i) In general Under the MIPS: (I) Quality performance category The Secretary shall establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing performance of such group with respect to the performance category described in clause (i) of paragraph (2)(A). (II) Other performance categories The Secretary may establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing the performance of such group with respect to the performance categories described in clauses (ii) through (iv) of such paragraph. (ii) Ensuring comprehensiveness of group practice assessment The process established under clause (i) shall to the extent practicable reflect the range of items and services furnished by the MIPS eligible professionals in the group practice involved. (iii) Clarification MIPS eligible professionals electing to be a virtual group under paragraph (5)(I) shall not be considered MIPS eligible professionals in a group practice for purposes of applying this subparagraph. (E) Use of registries Under the MIPS, the Secretary shall encourage the use of qualified clinical data registries pursuant to subsection (m)(3)(E) in carrying out this subsection. (F) Application of certain provisions In applying a provision of subsection (k), (m), (o), or (p) for purposes of this subsection, the Secretary shall— (i) adjust the application of such provision to ensure the provision is consistent with the provisions of this subsection; and (ii) not apply such provision to the extent that the provision is duplicative with a provision of this subsection. (G) Accounting for risk factors (i) Risk factors Taking into account the relevant studies conducted and recommendations made in reports under section 101(f)(1) of the Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (ii) Accounting for other factors in payment adjustments Taking into account the studies conducted and recommendations made in reports under section 101(f)(1) of the Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (2) Measures and activities under performance categories (A) Performance categories Under the MIPS, the Secretary shall use the following performance categories (each of which is referred to in this subsection as a performance category) in determining the composite performance score under paragraph (5): (i) Quality. (ii) Resource use. (iii) Clinical practice improvement activities. (iv) Meaningful use of certified EHR technology. (B) Measures and activities specified for each category For purposes of paragraph (3)(A) and subject to subparagraph (C), measures and activities specified for a performance period (as established under paragraph (4)) for a year are as follows: (i) Quality For the performance category described in subparagraph (A)(i), the quality measures included in the final measures list published under subparagraph (D)(i) for such year and the list of quality measures described in subparagraph (D)(vi) used by qualified clinical data registries under subsection (m)(3)(E). (ii) Resource use For the performance category described in subparagraph (A)(ii), the measurement of resource use for such period under subsection (p)(3), using the methodology under subsection (r) as appropriate, and, as feasible and applicable, accounting for the cost of drugs under part D. (iii) Clinical practice improvement activities For the performance category described in subparagraph (A)(iii), clinical practice improvement activities (as defined in subparagraph (C)(v)(III)) under subcategories specified by the Secretary for such period, which shall include at least the following: (I) The subcategory of expanded practice access, which shall include activities such as same day appointments for urgent needs and after hours access to clinician advice. (II) The subcategory of population management, which shall include activities such as monitoring health conditions of individuals to provide timely health care interventions or participation in a qualified clinical data registry. (III) The subcategory of care coordination, which shall include activities such as timely communication of test results, timely exchange of clinical information to patients and other providers, and use of remote monitoring or telehealth. (IV) The subcategory of beneficiary engagement, which shall include activities such as the establishment of care plans for individuals with complex care needs, beneficiary self-management assessment and training, and using shared decision-making mechanisms. (V) The subcategory of patient safety and practice assessment, such as through use of clinical or surgical checklists and practice assessments related to maintaining certification. (VI) The subcategory of participation in an alternative payment model (as defined in section 1833(z)(3)(C)). In establishing activities under this clause, the Secretary shall give consideration to the circumstances of small practices (consisting of 15 or fewer professionals) and practices located in rural areas and in health professional shortage areas (as designated under section 332(a)(1)(A) of the Public Health Service Act). (iv) Meaningful EHR use For the performance category described in subparagraph (A)(iv), the requirements established for such period under subsection (o)(2) for determining whether an eligible professional is a meaningful EHR user. (C) Additional provisions (i) Emphasizing outcome measures under the quality performance category In applying subparagraph (B)(i), the Secretary shall, as feasible, emphasize the application of outcome measures. (ii) Application of additional system measures The Secretary may use measures used for a payment system other than for physicians, such as measures for inpatient hospitals, for purposes of the performance categories described in clauses (i) and (ii) of subparagraph (A). For purposes of the previous sentence, the Secretary may not use measures for hospital outpatient departments, except in the case of emergency physicians. (iii) Global and population-based measures The Secretary may use global measures, such as global outcome measures, and population-based measures for purposes of the performance category described in subparagraph (A)(i). (iv) Application of measures and activities to non-patient-facing professionals In carrying out this paragraph, with respect to measures and activities specified in subparagraph (B) for performance categories described in subparagraph (A), the Secretary— (I) shall give consideration to the circumstances of professional types (or subcategories of those types determined by practice characteristics) who typically furnish services that do not involve face-to-face interaction with a patient; and (II) may, to the extent feasible and appropriate, take into account such circumstances and apply under this subsection with respect to MIPS eligible professionals of such professional types or subcategories, alternative measures or activities that fulfill the goals of the applicable performance category. In carrying out the previous sentence, the Secretary shall consult with professionals of such professional types or subcategories. (v) Clinical practice improvement activities (I) Request for information In initially applying subparagraph (B)(iii), the Secretary shall use a request for information to solicit recommendations from stakeholders to identify activities described in such subparagraph and specifying criteria for such activities. (II) Contract authority for clinical practice improvement activities performance category In applying subparagraph (B)(iii), the Secretary may contract with entities to assist the Secretary in— (aa) identifying activities described in subparagraph (B)(iii); (bb) specifying criteria for such activities; and (cc) determining whether a MIPS eligible professional meets such criteria. (III) Clinical practice improvement activities defined For purposes of this subsection, the term clinical practice improvement activity (D) Annual list of quality measures available for MIPS assessment (i) In general Under the MIPS, the Secretary, through notice and comment rulemaking and subject to the succeeding clauses of this subparagraph, shall, with respect to the performance period for a year, establish an annual final list of quality measures from which MIPS eligible professionals may choose for purposes of assessment under this subsection for such performance period. Pursuant to the previous sentence, the Secretary shall— (I) not later than November 1 of the year prior to the first day of the first performance period under the MIPS, establish and publish in the Federal Register a final list of quality measures; and (II) not later than November 1 of the year prior to the first day of each subsequent performance period, update the final list of quality measures from the previous year (and publish such updated final list in the Federal Register), by— (aa) removing from such list, as appropriate, quality measures, which may include the removal of measures that are no longer meaningful (such as measures that are topped out); (bb) adding to such list, as appropriate, new quality measures; and (cc) determining whether or not quality measures on such list that have undergone substantive changes should be included in the updated list. (ii) Call for quality measures (I) In general Eligible professional organizations and other relevant stakeholders shall be requested to identify and submit quality measures to be considered for selection under this subparagraph in the annual list of quality measures published under clause (i) and to identify and submit updates to the measures on such list. For purposes of the previous sentence, measures may be submitted regardless of whether such measures were previously published in a proposed rule or endorsed by an entity with a contract under section 1890(a). (II) Eligible professional organization defined In this subparagraph, the term eligible professional organization (iii) Requirements In selecting quality measures for inclusion in the annual final list under clause (i), the Secretary shall— (I) provide that, to the extent practicable, all quality domains (as defined in subsection (s)(1)(B)) are addressed by such measures; and (II) ensure that such selection is consistent with the process for selection of measures under subsections (k), (m), and (p)(2). (iv) Peer review Before including a new measure or a measure described in clause (i)(II)(cc) in the final list of measures published under clause (i) for a year, the Secretary shall submit for publication in applicable specialty-appropriate peer-reviewed journals such measure and the method for developing and selecting such measure, including clinical and other data supporting such measure. (v) Measures for inclusion The final list of quality measures published under clause (i) shall include, as applicable, measures under subsections (k), (m), and (p)(2), including quality measures from among— (I) measures endorsed by a consensus-based entity; (II) measures developed under subsection (s); and (III) measures submitted under clause (ii)(I). Any measure selected for inclusion in such list that is not endorsed by a consensus-based entity shall have a focus that is evidence-based. (vi) Exception for qualified clinical data registry measures Measures used by a qualified clinical data registry under subsection (m)(3)(E) shall not be subject to the requirements under clauses (i), (iv), and (v). The Secretary shall publish the list of measures used by such qualified clinical data registries on the Internet website of the Centers for Medicare & Medicaid Services. (vii) Exception for existing quality measures Any quality measure specified by the Secretary under subsection (k) or (m), including under subsection (m)(3)(E), and any measure of quality of care established under subsection (p)(2) for the reporting period under the respective subsection beginning before the first performance period under the MIPS— (I) shall not be subject to the requirements under clause (i) (except under items (aa) and (cc) of subclause (II) of such clause) or to the requirement under clause (iv); and (II) shall be included in the final list of quality measures published under clause (i) unless removed under clause (i)(II)(aa). (viii) Consultation with relevant eligible professional organizations and other relevant stakeholders Relevant eligible professional organizations and other relevant stakeholders, including State and national medical societies, shall be consulted in carrying out this subparagraph. (ix) Optional application The process under section 1890A is not required to apply to the selection of measures under this subparagraph. (3) Performance standards (A) Establishment Under the MIPS, the Secretary shall establish performance standards with respect to measures and activities specified under paragraph (2)(B) for a performance period (as established under paragraph (4)) for a year. (B) Considerations in establishing standards In establishing such performance standards with respect to measures and activities specified under paragraph (2)(B), the Secretary shall consider the following: (i) Historical performance standards. (ii) Improvement. (iii) The opportunity for continued improvement. (4) Performance period The Secretary shall establish a performance period (or periods) for a year (beginning with the year described in paragraph (1)(B)). Such performance period (or periods) shall begin and end prior to the beginning of such year and be as close as possible to such year. In this subsection, such performance period (or periods) for a year shall be referred to as the performance period for the year. (5) Composite performance score (A) In general Subject to the succeeding provisions of this paragraph and taking into account, as available and applicable, paragraph (1)(G), the Secretary shall develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) with respect to applicable measures and activities specified in paragraph (2)(B) with respect to each performance category applicable to such professional for a performance period (as established under paragraph (4)) for a year. Using such methodology, the Secretary shall provide for a composite assessment (using a scoring scale of 0 to 100) for each such professional for the performance period for such year. In this subsection such a composite assessment for such a professional with respect to a performance period shall be referred to as the composite performance score (B) Incentive to report; encouraging use of certified EHR technology for reporting quality measures (i) Incentive to report Under the methodology established under subparagraph (A), the Secretary shall provide that in the case of a MIPS eligible professional who fails to report on an applicable measure or activity that is required to be reported by the professional, the professional shall be treated as achieving the lowest potential score applicable to such measure or activity. (ii) Encouraging use of certified EHR technology and qualified clinical data registries for reporting quality measures Under the methodology established under subparagraph (A), the Secretary shall— (I) encourage MIPS eligible professionals to report on applicable measures with respect to the performance category described in paragraph (2)(A)(i) through the use of certified EHR technology and qualified clinical data registries; and (II) with respect to a performance period, with respect to a year, for which a MIPS eligible professional reports such measures through the use of such EHR technology, treat such professional as satisfying the clinical quality measures reporting requirement described in subsection (o)(2)(A)(iii) for such year. (C) Clinical practice improvement activities performance score (i) Rule for accreditation A MIPS eligible professional who is in a practice that is certified as a patient-centered medical home or comparable specialty practice pursuant to subsection (b)(8)(B)(i) with respect to a performance period shall be given the highest potential score for the performance category described in paragraph (2)(A)(iii) for such period. (ii) APM participation Participation by a MIPS eligible professional in an alternative payment model (as defined in section 1833(z)(3)(C)) with respect to a performance period shall earn such eligible professional a minimum score of one-half of the highest potential score for the performance category described in paragraph (2)(A)(iii) for such performance period. (iii) Subcategories A MIPS eligible professional shall not be required to perform activities in each subcategory under paragraph (2)(B)(iii) or participate in an alternative payment model in order to achieve the highest potential score for the performance category described in paragraph (2)(A)(iii). (D) Achievement and improvement (i) Taking into account improvement Beginning with the second year to which the MIPS applies, in addition to the achievement of a MIPS eligible professional, if data sufficient to measure improvement is available, the methodology developed under subparagraph (A)— (I) in the case of the performance score for the performance category described in clauses (i) and (ii) of paragraph (2)(A), shall take into account the improvement of the professional; and (II) in the case of performance scores for other performance categories, may take into account the improvement of the professional. (ii) Assigning higher weight for achievement Beginning with the fourth year to which the MIPS applies, under the methodology developed under subparagraph (A), the Secretary may assign a higher scoring weight under subparagraph (F) with respect to the achievement of a MIPS eligible professional than with respect to any improvement of such professional applied under clause (i) with respect to a measure, activity, or category described in paragraph (2). (E) Weights for the performance categories (i) In general Under the methodology developed under subparagraph (A), subject to subparagraph (F)(i) and clauses (ii) and (iii), the composite performance score shall be determined as follows: (I) Quality (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (i) of paragraph (2)(A). In applying the previous sentence, the Secretary shall, as feasible, encourage the application of outcome measures within such category. (bb) First 2 years For the first and second years for which the MIPS applies to payments, the percentage applicable under item (aa) shall be increased in a manner such that the total percentage points of the increase under this item for the respective year equals the total number of percentage points by which the percentage applied under subclause (II)(bb) for the respective year is less than 30 percent. (II) Resource use (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (bb) First 2 years For the first year for which the MIPS applies to payments, not more than 10 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). For the second year for which the MIPS applies to payments, not more than 15 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (III) Clinical practice improvement activities Fifteen percent of such score shall be based on performance with respect to the category described in clause (iii) of paragraph (2)(A). (IV) Meaningful use of certified EHR technology Twenty-five percent of such score shall be based on performance with respect to the category described in clause (iv) of paragraph (2)(A). (ii) Authority to adjust percentages in case of high EHR meaningful use adoption In any year in which the Secretary estimates that the proportion of eligible professionals (as defined in subsection (o)(5)) who are meaningful EHR users (as determined under subsection (o)(2)) is 75 percent or greater, the Secretary may reduce the percent applicable under clause (i)(IV), but not below 15 percent. If the Secretary makes such reduction for a year, subject to subclauses (I)(bb) and (II)(bb) of clause (i), the percentages applicable under one or more of subclauses (I), (II), and (III) of clause (i) for such year shall be increased in a manner such that the total percentage points of the increase under this clause for such year equals the total number of percentage points reduced under the preceding sentence for such year. (F) Certain flexibility for weighting performance categories, measures, and activities Under the methodology under subparagraph (A), if there are not sufficient measures and clinical practice improvement activities applicable and available to each type of eligible professional involved, the Secretary shall assign different scoring weights (including a weight of 0)— (i) which may vary from the scoring weights specified in subparagraph (E), for each performance category based on the extent to which the category is applicable to the type of eligible professional involved; and (ii) for each measure and activity specified under paragraph (2)(B) with respect to each such category based on the extent to which the measure or activity is applicable and available to the type of eligible professional involved. (G) Resource use Analysis of the performance category described in paragraph (2)(A)(ii) shall include results from the methodology described in subsection (r)(5), as appropriate. (H) Inclusion of quality measure data from other payers In applying subsections (k), (m), and (p) with respect to measures described in paragraph (2)(B)(i), analysis of the performance category described in paragraph (2)(A)(i) may include data submitted by MIPS eligible professionals with respect to items and services furnished to individuals who are not individuals entitled to benefits under part A or enrolled under part B. (I) Use of voluntary virtual groups for certain assessment purposes (i) In general In the case of MIPS eligible professionals electing to be a virtual group under clause (ii) with respect to a performance period for a year, for purposes of applying the methodology under subparagraph (A)— (I) the assessment of performance provided under such methodology with respect to the performance categories described in clauses (i) and (ii) of paragraph (2)(A) that is to be applied to each such professional in such group for such performance period shall be with respect to the combined performance of all such professionals in such group for such period; and (II) the composite score provided under this paragraph for such performance period with respect to each such performance category for each such MIPS eligible professional in such virtual group shall be based on the assessment of the combined performance under subclause (I) for the performance category and performance period. (ii) Election of practices to be a virtual group The Secretary shall, in accordance with clause (iii), establish and have in place a process to allow an individual MIPS eligible professional or a group practice consisting of not more than 10 MIPS eligible professionals to elect, with respect to a performance period for a year, for such individual MIPS eligible professional or all such MIPS eligible professionals in such group practice, respectively, to be a virtual group under this subparagraph with at least one other such individual MIPS eligible professional or group practice making such an election. Such a virtual group may be based on geographic areas or on provider specialties defined by nationally recognized multispecialty boards of certification or equivalent certification boards and such other eligible professional groupings in order to capture classifications of providers across eligible professional organizations and other practice areas or categories. (iii) Requirements The process under clause (ii)— (I) shall provide that an election under such clause, with respect to a performance period, shall be made before or during the beginning of such performance period and may not be changed during such performance period; (II) shall provide that a practice described in such clause, and each MIPS eligible professional in such practice, may elect to be in no more than one virtual group for a performance period; and (III) may provide that a virtual group may be combined at the tax identification number level. (6) MIPS payments (A) MIPS adjustment factor Taking into account paragraph (1)(G), the Secretary shall specify a MIPS adjustment factor for each MIPS eligible professional for a year. Such MIPS adjustment factor for a MIPS eligible professional for a year shall be in the form of a percent and shall be determined— (i) by comparing the composite performance score of the eligible professional for such year to the performance threshold established under subparagraph (D)(i) for such year; (ii) in a manner such that the adjustment factors specified under this subparagraph for a year result in differential payments under this paragraph reflecting that— (I) MIPS eligible professionals with composite performance scores for such year at or above such performance threshold for such year receive zero or positive incentive payment adjustment factors for such year in accordance with clause (iii), with such professionals having higher composite performance scores receiving higher adjustment factors; and (II) MIPS eligible professionals with composite performance scores for such year below such performance threshold for such year receive negative payment adjustment factors for such year in accordance with clause (iv), with such professionals having lower composite performance scores receiving lower adjustment factors; (iii) in a manner such that MIPS eligible professionals with composite scores described in clause (ii)(I) for such year, subject to clauses (i) and (ii) of subparagraph (F), receive a zero or positive adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the applicable percent specified in subparagraph (B) is assigned for a score of 100; and (iv) in a manner such that— (I) subject to subclause (II), MIPS eligible professionals with composite performance scores described in clause (ii)(II) for such year receive a negative payment adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the negative of the applicable percent specified in subparagraph (B) is assigned for a score of 0; and (II) MIPS eligible professionals with composite performance scores that are equal to or greater than 0, but not greater than 1/4 (B) Applicable percent defined For purposes of this paragraph, the term applicable percent (i) for 2018, 4 percent; (ii) for 2019, 5 percent; (iii) for 2020, 7 percent; and (iv) for 2021 and subsequent years, 9 percent. (C) Additional MIPS adjustment factors for exceptional performance (i) In general In the case of a MIPS eligible professional with a composite performance score for a year at or above the additional performance threshold under subparagraph (D)(ii) for such year, in addition to the MIPS adjustment factor under subparagraph (A) for the eligible professional for such year, subject to the availability of funds under clause (ii), the Secretary shall specify an additional positive MIPS adjustment factor for such professional and year. Such additional MIPS adjustment factors shall be determined by the Secretary in a manner such that professionals having higher composite performance scores above the additional performance threshold receive higher additional MIPS adjustment factors. (ii) Additional funding pool For 2018 and each subsequent year through 2023, there is appropriated from the Federal Supplementary Medical Insurance Trust Fund $500,000,000 for MIPS payments under this paragraph resulting from the application of the additional MIPS adjustment factors under clause (i). (D) Establishment of performance thresholds (i) Performance threshold For each year of the MIPS, the Secretary shall compute a performance threshold with respect to which the composite performance score of MIPS eligible professionals shall be compared for purposes of determining adjustment factors under subparagraph (A) that are positive, negative, and zero. Such performance threshold for a year shall be the mean or median (as selected by the Secretary) of the composite performance scores for all MIPS eligible professionals with respect to a prior period specified by the Secretary. The Secretary may reassess the selection under the previous sentence every 3 years. (ii) Additional performance threshold for exceptional performance In addition to the performance threshold under clause (i), for each year of the MIPS, the Secretary shall compute an additional performance threshold for purposes of determining the additional MIPS adjustment factors under subparagraph (C)(i). For each such year, the Secretary shall apply either of the following methods for computing such additional performance threshold for such a year: (I) The threshold shall be the score that is equal to the 25th percentile of the range of possible composite performance scores above the performance threshold with respect to the prior period described in clause (i). (II) The threshold shall be the score that is equal to the 25th percentile of the actual composite performance scores for MIPS eligible professionals with composite performance scores at or above the performance threshold with respect to the prior period described in clause (i). (iii) Special rule for initial 2 years With respect to each of the first two years to which the MIPS applies, the Secretary shall, prior to the performance period for such years, establish a performance threshold for purposes of determining MIPS adjustment factors under subparagraph (A) and a threshold for purposes of determining additional MIPS adjustment factors under subparagraph (C)(i). Each such performance threshold shall— (I) be based on a period prior to such performance periods; and (II) take into account— (aa) data available with respect to performance on measures and activities that may be used under the performance categories under subparagraph (2)(B); and (bb) other factors determined appropriate by the Secretary. (E) Application of MIPS adjustment factors In the case of items and services furnished by a MIPS eligible professional during a year (beginning with 2018), the amount otherwise paid under this part with respect to such items and services and MIPS eligible professional for such year, shall be multiplied by— (i) 1, plus (ii) the sum of— (I) the MIPS adjustment factor determined under subparagraph (A) divided by 100, and (II) as applicable, the additional MIPS adjustment factor determined under subparagraph (C)(i) divided by 100. (F) Aggregate application of MIPS adjustment factors (i) Application of scaling factor (I) In general With respect to positive MIPS adjustment factors under subparagraph (A)(ii)(I) for eligible professionals whose composite performance score is above the performance threshold under subparagraph (D)(i) for such year, subject to subclause (II), the Secretary shall increase or decrease such adjustment factors by a scaling factor in order to ensure that the budget neutrality requirement of clause (ii) is met. (II) Scaling factor limit In no case may be the scaling factor applied under this clause exceed 3.0. (ii) Budget neutrality requirement (I) In general Subject to clause (iii), the Secretary shall ensure that the estimated amount described in subclause (II) for a year is equal to the estimated amount described in subclause (III) for such year. (II) Aggregate increases The amount described in this subclause is the estimated increase in the aggregate allowed charges resulting from the application of positive MIPS adjustment factors under subparagraph (A) (after application of the scaling factor described in clause (i)) to MIPS eligible professionals whose composite performance score for a year is above the performance threshold under subparagraph (D)(i) for such year. (III) Aggregate decreases The amount described in this subclause is the estimated decrease in the aggregate allowed charges resulting from the application of negative MIPS adjustment factors under subparagraph (A) to MIPS eligible professionals whose composite performance score for a year is below the performance threshold under subparagraph (D)(i) for such year. (iii) Exceptions (I) In the case that all MIPS eligible professionals receive composite performance scores for a year that are below the performance threshold under subparagraph (D)(i) for such year, the negative MIPS adjustment factors under subparagraph (A) shall apply with respect to such MIPS eligible professionals and the budget neutrality requirement of clause (ii) shall not apply for such year. (II) In the case that, with respect to a year, the application of clause (i) results in a scaling factor equal to the maximum scaling factor specified in clause (i)(II), such scaling factor shall apply and the budget neutrality requirement of clause (ii) shall not apply for such year. (iv) Additional incentive payment adjustments In specifying the MIPS additional adjustment factors under subparagraph (C)(i) for each applicable MIPS eligible professional for a year, the Secretary shall ensure that the estimated increase in payments under this part resulting from the application of such additional adjustment factors for MIPS eligible professionals in a year shall be equal (as estimated by the Secretary) to the additional funding pool amount for such year under subparagraph (C)(ii). (7) Announcement of result of adjustments Under the MIPS, the Secretary shall, not later than 30 days prior to January 1 of the year involved, make available to MIPS eligible professionals the MIPS adjustment factor (and, as applicable, the additional MIPS adjustment factor) under paragraph (6) applicable to the eligible professional for items and services furnished by the professional for such year. The Secretary may include such information in the confidential feedback under paragraph (12). (8) No effect in subsequent years The MIPS adjustment factors and additional MIPS adjustment factors under paragraph (6) shall apply only with respect to the year involved, and the Secretary shall not take into account such adjustment factors in making payments to a MIPS eligible professional under this part in a subsequent year. (9) Public reporting (A) In general The Secretary shall, in an easily understandable format, make available on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services the following: (i) Information regarding the performance of MIPS eligible professionals under the MIPS, which— (I) shall include the composite score for each such MIPS eligible professional and the performance of each such MIPS eligible professional with respect to each performance category; and (II) may include the performance of each such MIPS eligible professional with respect to each measure or activity specified in paragraph (2)(B). (ii) The names of eligible professionals in eligible alternative payment models (as defined in section 1833(z)(3)(D)) and, to the extent feasible, the names of such eligible alternative payment models and performance of such models. (B) Disclosure The information made available under this paragraph shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (C) Opportunity to review and submit corrections The Secretary shall provide for an opportunity for a professional described in subparagraph (A) to review, and submit corrections for, the information to be made public with respect to the professional under such subparagraph prior to such information being made public. (D) Aggregate information The Secretary shall periodically post on the Physician Compare Internet website aggregate information on the MIPS, including the range of composite scores for all MIPS eligible professionals and the range of the performance of all MIPS eligible professionals with respect to each performance category. (10) Consultation The Secretary shall consult with stakeholders in carrying out the MIPS, including for the identification of measures and activities under paragraph (2)(B) and the methodologies developed under paragraphs (5)(A) and (6) and regarding the use of qualified clinical data registries. Such consultation shall include the use of a request for information or other mechanisms determined appropriate. (11) Technical assistance to small practices and practices in health professional shortage areas (A) In general The Secretary shall enter into contracts or agreements with appropriate entities (such as quality improvement organizations, regional extension centers (as described in section 3012(c) of the Public Health Service Act), or regional health collaboratives) to offer guidance and assistance to MIPS eligible professionals in practices of 15 or fewer professionals (with priority given to such practices located in rural areas, health professional shortage areas (as designated under in section 332(a)(1)(A) of such Act), and medically underserved areas, and practices with low composite scores) with respect to— (i) the performance categories described in clauses (i) through (iv) of paragraph (2)(A); or (ii) how to transition to the implementation of and participation in an alternative payment model as described in section 1833(z)(3)(C). (B) Funding for implementation (i) In general For purposes of implementing subparagraph (A), the Secretary shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 to the Centers for Medicare & Medicaid Services Program Management Account of $40,000,000 for each of fiscal years 2015 through 2019. Amounts transferred under this subparagraph for a fiscal year shall be available until expended. (ii) Technical assistance Of the amounts transferred pursuant to clause (i) for each of fiscal years 2015 through 2019, not less than $10,000,000 shall be made available for each such year for technical assistance to small practices in health professional shortage areas (as so designated) and medically underserved areas. (12) Feedback and information to improve performance (A) Performance feedback (i) In general Beginning July 1, 2016, the Secretary— (I) shall make available timely (such as quarterly) confidential feedback to MIPS eligible professionals on the performance of such professionals with respect to the performance categories under clauses (i) and (ii) of paragraph (2)(A); and (II) may make available confidential feedback to each such professional on the performance of such professional with respect to the performance categories under clauses (iii) and (iv) of such paragraph. (ii) Mechanisms The Secretary may use one or more mechanisms to make feedback available under clause (i), which may include use of a web-based portal or other mechanisms determined appropriate by the Secretary. With respect to the performance category described in paragraph (2)(A)(i), feedback under this subparagraph shall, to the extent an eligible professional chooses to participate in a data registry for purposes of this subsection (including registries under subsections (k) and (m)), be provided based on performance on quality measures reported through the use of such registries. With respect to any other performance category described in paragraph (2)(A), the Secretary shall encourage provision of feedback through qualified clinical data registries as described in subsection (m)(3)(E)). (iii) Use of data For purposes of clause (i), the Secretary may use data, with respect to a MIPS eligible professional, from periods prior to the current performance period and may use rolling periods in order to make illustrative calculations about the performance of such professional. (iv) Disclosure exemption Feedback made available under this subparagraph shall be exempt from disclosure under section 552 of title 5, United States Code. (v) Receipt of information The Secretary may use the mechanisms established under clause (ii) to receive information from professionals, such as information with respect to this subsection. (B) Additional information (i) In general Beginning July 1, 2017, the Secretary shall make available to each MIPS eligible professional information, with respect to individuals who are patients of such MIPS eligible professional, about items and services for which payment is made under this title that are furnished to such individuals by other suppliers and providers of services, which may include information described in clause (ii). Such information may be made available under the previous sentence to such MIPS eligible professionals by mechanisms determined appropriate by the Secretary, which may include use of a web-based portal. Such information may be made available in accordance with the same or similar terms as data are made available to accountable care organizations participating in the shared savings program under section 1899, including a beneficiary opt-out. (ii) Type of information For purposes of clause (i), the information described in this clause, is the following: (I) With respect to selected items and services (as determined appropriate by the Secretary) for which payment is made under this title and that are furnished to individuals, who are patients of a MIPS eligible professional, by another supplier or provider of services during the most recent period for which data are available (such as the most recent three-month period), such as the name of such providers furnishing such items and services to such patients during such period, the types of such items and services so furnished, and the dates such items and services were so furnished. (II) Historical data, such as averages and other measures of the distribution if appropriate, of the total, and components of, allowed charges (and other figures as determined appropriate by the Secretary). (13) Review (A) Targeted review The Secretary shall establish a process under which a MIPS eligible professional may seek an informal review of the calculation of the MIPS adjustment factor applicable to such eligible professional under this subsection for a year. The results of a review conducted pursuant to the previous sentence shall not be taken into account for purposes of paragraph (6) with respect to a year (other than with respect to the calculation of such eligible professional’s MIPS adjustment factor for such year or additional MIPS adjustment factor for such year) after the factors determined in subparagraph (A) and subparagraph (C) of such paragraph have been determined for such year. (B) Limitation Except as provided for in subparagraph (A), there shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the following: (i) The methodology used to determine the amount of the MIPS adjustment factor under paragraph (6)(A) and the amount of the additional MIPS adjustment factor under paragraph (6)(C)(i) and the determination of such amounts. (ii) The establishment of the performance standards under paragraph (3) and the performance period under paragraph (4). (iii) The identification of measures and activities specified under paragraph (2)(B) and information made public or posted on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services under paragraph (9). (iv) The methodology developed under paragraph (5) that is used to calculate performance scores and the calculation of such scores, including the weighting of measures and activities under such methodology. . (2) GAO reports (A) Evaluation of eligible professional MIPS Not later than October 1, 2019, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report evaluating the eligible professional Merit-based Incentive Payment System under subsection (q) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (i) examine the distribution of the composite performance scores and MIPS adjustment factors (and additional MIPS adjustment factors) for MIPS eligible professionals (as defined in subsection (q)(1)(c) of such section) under such program, and patterns relating to such scores and adjustment factors, including based on type of provider, practice size, geographic location, and patient mix; (ii) provide recommendations for improving such program; (iii) evaluate the impact of technical assistance funding under section 1848(q)(11) of the Social Security Act, as added by paragraph (1), on the ability of professionals to improve within such program or successfully transition to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)), with priority for such evaluation given to practices located in rural areas, health professional shortage areas (as designated in section 332(a)(1)(a) of the Public Health Service Act), and medically underserved areas; and (iv) provide recommendations for optimizing the use of such technical assistance funds. (B) Study to examine alignment of quality measures used in public and private programs (i) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (I) compares the similarities and differences in the use of quality measures under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act, the Medicare Advantage program under part C of such title, selected State Medicaid programs under title XIX of such Act, and private payer arrangements; and (II) makes recommendations on how to reduce the administrative burden involved in applying such quality measures. (ii) Requirements The report under clause (i) shall— (I) consider those measures applicable to individuals entitled to, or enrolled for, benefits under such part A, or enrolled under such part B and individuals under the age of 65; and (II) focus on those measures that comprise the most significant component of the quality performance category of the eligible professional MIPS incentive program under subsection (q) of section 1848 of the Social Security Act (42 U.S.C. 1395w–4), as added by paragraph (1). (C) Study on role of independent risk managers Not later than January 1, 2016, the Comptroller General of the United States shall submit to Congress a report examining whether entities that pool financial risk for physician practices, such as independent risk managers, can play a role in supporting physician practices, particularly small physician practices, in assuming financial risk for the treatment of patients. Such report shall examine barriers that small physician practices currently face in assuming financial risk for treating patients, the types of risk management entities that could assist physician practices in participating in two-sided risk payment models, and how such entities could assist with risk management and with quality improvement activities. Such report shall also include an analysis of any existing legal barriers to such arrangements. (D) Study to examine rural and health professional shortage area alternative payment models Not later than October 1, 2020, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report that examines the transition of professionals in rural areas, health professional shortage areas (as designated in section 332(a)(1)(A) of the Public Health Service Act), or medically underserved areas to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)). Such report shall make recommendations for removing administrative barriers to practices, including small practices consisting of 15 or fewer professionals, in rural areas, health professional shortage areas, and medically underserved areas to participation in such models. (3) Funding for implementation For purposes of implementing the provisions of and the amendments made by this section, the Secretary of Health and Human Services shall provide for the transfer of $80,000,000 from the Supplementary Medical Insurance Trust Fund established under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Program Management Account for each of the fiscal years 2014 through 2018. Amounts transferred under this paragraph shall be available until expended. (d) Improving quality reporting for composite scores (1) Changes for group reporting option (A) In general Section 1848(m)(3)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(C)(ii) and, for 2015 and subsequent years, may provide shall provide (B) Clarification of qualified clinical data registry reporting to group practices Section 1848(m)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(D) and, for 2015 and subsequent years, subparagraph (A) or (C) subparagraph (A) (2) Changes for multiple reporting periods and alternative criteria for satisfactory reporting Section 1848(m)(5)(F) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(5)(F) (A) by striking and subsequent years through reporting periods occurring in 2014 (B) by inserting and, for reporting periods occurring in 2015 and subsequent years, the Secretary may establish shall establish (3) Physician feedback program reports succeeded by reports under MIPS Section 1848(n) of the Social Security Act ( 42 U.S.C. 1395w–4(n) (11) Reports ending with 2016 Reports under the Program shall not be provided after December 31, 2016. See subsection (q)(12) for reports under the eligible professionals Merit-based Incentive Payment System. . (4) Coordination with satisfying meaningful EHR use clinical quality measure reporting requirement Section 1848(o)(2)(A)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(iii) and subsection (q)(5)(B)(ii)(II) Subject to subparagraph (B)(ii) (e) Promoting alternative payment models (1) Increasing transparency of physician focused payment models Section 1868 of the Social Security Act ( 42 U.S.C. 1395ee (c) Physician focused payment models (1) Technical advisory committee (A) Establishment There is established an ad hoc committee to be known as the Payment Model Technical Advisory Committee Committee (B) Membership (i) Number and appointment The Committee shall be composed of 11 members appointed by the Comptroller General of the United States. (ii) Qualifications The membership of the Committee shall include individuals with national recognition for their expertise in payment models and related delivery of care. No more than 5 members of the Committee shall be providers of services or suppliers, or representatives of providers of services or suppliers. (iii) Prohibition on federal employment A member of the Committee shall not be an employee of the Federal Government. (iv) Ethics disclosure The Comptroller General shall establish a system for public disclosure by members of the Committee of financial and other potential conflicts of interest relating to such members. Members of the Committee shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978 ( Public Law 95–521 (v) Date of initial appointments The initial appointments of members of the Committee shall be made by not later than 180 days after the date of enactment of this subsection. (C) Term; vacancies (i) Term The terms of members of the Committee shall be for 3 years except that the Comptroller General shall designate staggered terms for the members first appointed. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Committee shall be filled in the manner in which the original appointment was made. (D) Duties The Committee shall meet, as needed, to provide comments and recommendations to the Secretary, as described in paragraph (2)(C), on physician-focused payment models. (E) Compensation of members (i) In general Except as provided in clause (ii), a member of the Committee shall serve without compensation. (ii) Travel expenses A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (F) Operational and technical support (i) In general The Assistant Secretary for Planning and Evaluation shall provide technical and operational support for the Committee, which may be by use of a contractor. The Office of the Actuary of the Centers for Medicare & Medicaid Services shall provide to the Committee actuarial assistance as needed. (ii) Funding The Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, such amounts as are necessary to carry out clause (i) (not to exceed $5,000,000) for fiscal year 2014 and each subsequent fiscal year. Any amounts transferred under the preceding sentence for a fiscal year shall remain available until expended. (G) Application Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (2) Criteria and process for submission and review of physician-focused payment models (A) Criteria for assessing physician-focused payment models (i) Rulemaking Not later than November 1, 2015, the Secretary shall, through notice and comment rulemaking, following a request for information, establish criteria for physician-focused payment models, including models for specialist physicians, that could be used by the Committee for making comments and recommendations pursuant to paragraph (1)(D). (ii) MedPAC submission of comments During the comment period for the proposed rule described in clause (i), the Medicare Payment Advisory Commission may submit comments to the Secretary on the proposed criteria under such clause. (iii) Updating The Secretary may update the criteria established under this subparagraph through rulemaking. (B) Stakeholder submission of physician focused payment models On an ongoing basis, individuals and stakeholder entities may submit to the Committee proposals for physician-focused payment models that such individuals and entities believe meet the criteria described in subparagraph (A). (C) TAC review of models submitted The Committee shall, on a periodic basis, review models submitted under subparagraph (B), prepare comments and recommendations regarding whether such models meet the criteria described in subparagraph (A), and submit such comments and recommendations to the Secretary. (D) Secretary review and response The Secretary shall review the comments and recommendations submitted by the Committee under subparagraph (C) and post a detailed response to such comments and recommendations on the Internet Website of the Centers for Medicare & Medicaid Services. (3) Rule of construction Nothing in this subsection shall be construed to impact the development or testing of models under this title or titles XI, XIX, or XXI. . (2) Incentive payments for participation in eligible alternative payment models Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (z) Incentive payments for participation in eligible alternative payment models (1) Payment incentive (A) In general In the case of covered professional services furnished by an eligible professional during a year that is in the period beginning with 2018 and ending with 2023 and for which the professional is a qualifying APM participant, in addition to the amount of payment that would otherwise be made for such covered professional services under this part for such year, there also shall be paid to such professional an amount equal to 5 percent of the payment amount for the covered professional services under this part for the preceding year. For purposes of the previous sentence, the payment amount for the preceding year may be an estimation for the full preceding year based on a period of such preceding year that is less than the full year. The Secretary shall establish policies to implement this subparagraph in cases where payment for covered professional services furnished by a qualifying APM participant in an alternative payment model is made to an entity participating in the alternative payment model rather than directly to the qualifying APM participant. (B) Form of payment Payments under this subsection shall be made in a lump sum, on an annual basis, as soon as practicable. (C) Treatment of payment incentive Payments under this subsection shall not be taken into account for purposes of determining actual expenditures under an alternative payment model and for purposes of determining or rebasing any benchmarks used under the alternative payment model. (D) Coordination The amount of the additional payment for an item or service under this subsection or subsection (m) shall be determined without regard to any additional payment for the item or service under subsection (m) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (x) shall be determined without regard to any additional payment for the item or service under subsection (x) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (y) shall be determined without regard to any additional payment for the item or service under subsection (y) and this subsection, respectively. (2) Qualifying APM participant For purposes of this subsection, the term qualifying APM participant (A) 2018 and 2019 With respect to 2018 and 2019, an eligible professional for whom the Secretary determines that at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (B) 2020 and 2021 With respect to 2020 and 2021, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 50 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 50 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (C) Beginning in 2022 With respect to 2022 and each subsequent year, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 75 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 75 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (3) Additional definitions In this subsection: (A) Covered professional services The term covered professional services (B) Eligible professional The term eligible professional (C) Alternative payment model (APM) The term alternative payment model (i) A model under section 1115A (other than a health care innovation award). (ii) The shared savings program under section 1899. (iii) A demonstration under section 1866C. (iv) A demonstration required by Federal law. (D) Eligible alternative payment model (APM) (i) In general The term eligible alternative payment model (I) that requires use of certified EHR technology (as defined in subsection (o)(4)); (II) that provides for payment for covered professional services based on quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i); and (III) that satisfies the requirement described in clause (ii). (ii) Additional requirement For purposes of clause (i)(III), the requirement described in this clause, with respect to a year and an alternative payment model, is that the alternative payment model— (I) is one in which one or more entities bear financial risk for monetary losses under such model that are in excess of a nominal amount; or (II) is a medical home expanded under section 1115A(c). (4) Limitation There shall be no administrative or judicial review under section 1869, 1878, or otherwise, of the following: (A) The determination that an eligible professional is a qualifying APM participant under paragraph (2) and the determination that an alternative payment model is an eligible alternative payment model under paragraph (3)(D). (B) The determination of the amount of the 5 percent payment incentive under paragraph (1)(A), including any estimation as part of such determination. . (3) Coordination conforming amendments Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (A) in subsection (x)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. (B) in subsection (y)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. (4) Encouraging development and testing of certain models Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) (A) in subparagraph (B), by adding at the end the following new clauses: (xxi) Focusing primarily on physicians’ services (as defined in section 1848(j)(3)) furnished by physicians who are not primary care practitioners. (xxii) Focusing on practices of 15 or fewer professionals. (xxiii) Focusing on risk-based models for small physician practices which may involve two-sided risk and prospective patient assignment, and which examine risk-adjusted decreases in mortality rates, hospital readmissions rates, and other relevant and appropriate clinical measures. (xxiv) Focusing primarily on title XIX, working in conjunction with the Center for Medicaid and CHIP Services. ; and (B) in subparagraph (C)(viii), by striking other public sector or private sector payers other public sector payers, private sector payers, or Statewide payment models (5) Construction regarding telehealth services Nothing in the provisions of, or amendments made by, this Act shall be construed as precluding an alternative payment model or a qualifying APM participant (as those terms are defined in section 1833(z) of the Social Security Act, as added by paragraph (1)) from furnishing a telehealth service for which payment is not made under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)). (6) Integrating Medicare Advantage alternative payment models Not later than July 1, 2015, the Secretary of Health and Human Services shall submit to Congress a study that examines the feasibility of integrating alternative payment models in the Medicare Advantage payment system. The study shall include the feasibility of including a value-based modifier and whether such modifier should be budget neutral. (7) Study and report on fraud related to alternative payment models under the Medicare program (A) Study The Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall conduct a study that— (i) examines the applicability of the Federal fraud prevention laws to items and services furnished under title XVIII of the Social Security Act for which payment is made under an alternative payment model (as defined in section 1833(z)(3)(C) of such Act ( 42 U.S.C. 1395l(z)(3)(C) (ii) identifies aspects of such alternative payment models that are vulnerable to fraudulent activity; and (iii) examines the implications of waivers to such laws granted in support of such alternative payment models, including under any potential expansion of such models. (B) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the results of the study conducted under subparagraph (A). Such report shall include recommendations for actions to be taken to reduce the vulnerability of such alternative payment models to fraudulent activity. Such report also shall include, as appropriate, recommendations of the Inspector General for changes in Federal fraud prevention laws to reduce such vulnerability. (f) Improving payment accuracy (1) Studies and reports of effect of certain information on quality and resource use (A) Study using existing Medicare data (i) Study The Secretary of Health and Human Services (in this subsection referred to as the Secretary (ii) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (B) Study using other data (i) Study The Secretary shall conduct a study that examines the impact of risk factors, such as those described in section 1848(p)(3) of the Social Security Act (42 U.S.C. 1395w–4(p)(3)), race, health literacy, limited English proficiency (LEP), and patient activation, on quality and resource use outcome measures under the Medicare program (such as to recognize that less healthy individuals may require more intensive interventions). In conducting such study the Secretary may use existing Federal data and collect such additional data as may be necessary to complete the study. (ii) Report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (C) Examination of data in conducting studies In conducting the studies under subparagraphs (A) and (B), the Secretary shall examine what non-Medicare data sets, such as data from the American Community Survey (ACS), can be useful in conducting the types of studies under such paragraphs and how such data sets that are identified as useful can be coordinated with Medicare administrative data in order to improve the overall data set available to do such studies and for the administration of the Medicare program. (D) Recommendations to account for information in payment adjustment mechanisms If the studies conducted under subparagraphs (A) and (B) find a relationship between the factors examined in the studies and quality and resource use outcome measures, then the Secretary shall also provide recommendations for how the Centers for Medicare & Medicaid Services should— (i) obtain access to the necessary data (if such data is not already being collected) on such factors, including recommendations on how to address barriers to the Centers in accessing such data; and (ii) account for such factors in determining payment adjustments based on quality and resource use outcome measures under the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act (42 U.S.C. 1395w–4(q)) and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (E) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph $6,000,000, to remain available until expended. (2) CMS activities (A) Hierarchal Condition Category (HCC) improvement Taking into account the relevant studies conducted and recommendations made in reports under paragraph (1), the Secretary, on an ongoing basis, shall, as the Secretary determines appropriate, estimate how an individual’s health status and other risk factors affect quality and resource use outcome measures and, as feasible, shall incorporate information from quality and resource use outcome measurement (including care episode and patient condition groups) into provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (B) Accounting for other factors in payment adjustment mechanisms (i) In general Taking into account the studies conducted and recommendations made in reports under paragraph (1) and other information as appropriate, the Secretary shall, as the Secretary determines appropriate, account for identified factors with an effect on quality and resource use outcome measures when determining payment adjustment mechanisms under provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (ii) Accessing data The Secretary shall collect or otherwise obtain access to the data necessary to carry out this paragraph through existing and new data sources. (iii) Periodic analyses The Secretary shall carry out periodic analyses, at least every 3 years, based on the factors referred to in clause (i) so as to monitor changes in possible relationships. (C) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph and the application of this paragraph to the Merit-based Incentive Payment System under section 1848(q) of such Act $10,000,000, to remain available until expended. (3) Strategic plan for accessing race and ethnicity data Not later than 18 months after the date of the enactment of this Act, the Secretary shall develop and report to Congress on a strategic plan for collecting or otherwise accessing data on race and ethnicity for purposes of carrying out the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (g) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (r) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement (1) In general In order to involve the physician, practitioner, and other stakeholder communities in enhancing the infrastructure for resource use measurement, including for purposes of the Merit-based Incentive Payment System under subsection (q) and alternative payment models under section 1833(z), the Secretary shall undertake the steps described in the succeeding provisions of this subsection. (2) Development of care episode and patient condition groups and classification codes (A) In general In order to classify similar patients into care episode groups and patient condition groups, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Public availability of existing efforts to design an episode grouper Not later than 120 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a list of the episode groups developed pursuant to subsection (n)(9)(A) and related descriptive information. (C) Stakeholder input The Secretary shall accept, through the date that is 60 days after the day the Secretary posts the list pursuant to subparagraph (B), suggestions from physician specialty societies, applicable practitioner organizations, and other stakeholders for episode groups in addition to those posted pursuant to such subparagraph, and specific clinical criteria and patient characteristics to classify patients into— (i) care episode groups; and (ii) patient condition groups. (D) Development of proposed classification codes (i) In general Taking into account the information described in subparagraph (B) and the information received under subparagraph (C), the Secretary shall— (I) establish care episode groups and patient condition groups, which account for a target of an estimated 2/3 (II) assign codes to such groups. (ii) Care episode groups In establishing the care episode groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical problems at the time items and services are furnished during an episode of care, such as the clinical conditions or diagnoses, whether or not inpatient hospitalization is anticipated or occurs, and the principal procedures or services planned or furnished; and (II) other factors determined appropriate by the Secretary. (iii) Patient condition groups In establishing the patient condition groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical history at the time of each medical visit, such as the patient’s combination of chronic conditions, current health status, and recent significant history (such as hospitalization and major surgery during a previous period, such as 3 months); and (II) other factors determined appropriate by the Secretary, such as eligibility status under this title (including eligibility under section 226(a), 226(b), or 226A, and dual eligibility under this title and title XIX). (E) Draft care episode and patient condition groups and classification codes Not later than 180 days after the end of the comment period described in subparagraph (C), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the care episode and patient condition codes established under subparagraph (D) (and the criteria and characteristics assigned to such code). (F) Solicitation of input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (E), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the care episode and patient condition groups (and codes) posted under subparagraph (E). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include use of open door forums, town hall meetings, or other appropriate mechanisms. (G) Operational list of care episode and patient condition groups and codes Not later than 180 days after the end of the comment period described in subparagraph (F), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of care episode and patient condition codes (and the criteria and characteristics assigned to such code). (H) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational lists of care episode and patient condition codes as the Secretary determines may be appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (3) Attribution of patients to physicians or practitioners (A) In general In order to facilitate the attribution of patients and episodes (in whole or in part) to one or more physicians or applicable practitioners furnishing items and services, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Development of patient relationship categories and codes The Secretary shall develop patient relationship categories and codes that define and distinguish the relationship and responsibility of a physician or applicable practitioner with a patient at the time of furnishing an item or service. Such patient relationship categories shall include different relationships of the physician or applicable practitioner to the patient (and the codes may reflect combinations of such categories), such as a physician or applicable practitioner who— (i) considers themself to have the primary responsibility for the general and ongoing care for the patient over extended periods of time; (ii) considers themself to be the lead physician or practitioner and who furnishes items and services and coordinates care furnished by other physicians or practitioners for the patient during an acute episode; (iii) furnishes items and services to the patient on a continuing basis during an acute episode of care, but in a supportive rather than a lead role; (iv) furnishes items and services to the patient on an occasional basis, usually at the request of another physician or practitioner; or (v) furnishes items and services only as ordered by another physician or practitioner. (C) Draft list of patient relationship categories and codes Not later than 270 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the patient relationship categories and codes developed under subparagraph (B). (D) Stakeholder Input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (C), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the patient relationship categories and codes posted under subparagraph (C). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (E) Operational list of patient relationship categories and codes Not later than 180 days after the end of the comment period described in subparagraph (D), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of patient relationship categories and codes. (F) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational list of patient relationship categories and codes as the Secretary determines appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (4) Reporting of information for resource use measurement Claims submitted for items and services furnished by a physician or applicable practitioner on or after January 1, 2017, shall, as determined appropriate by the Secretary, include— (A) applicable codes established under paragraphs (2) and (3); and (B) the national provider identifier of the ordering physician or applicable practitioner (if different from the billing physician or applicable practitioner). (5) Methodology for resource use analysis (A) In general In order to evaluate the resources used to treat patients (with respect to care episode and patient condition groups), the Secretary shall— (i) use the patient relationship codes reported on claims pursuant to paragraph (4) to attribute patients (in whole or in part) to one or more physicians and applicable practitioners; (ii) use the care episode and patient condition codes reported on claims pursuant to paragraph (4) as a basis to compare similar patients and care episodes and patient condition groups; and (iii) conduct an analysis of resource use (with respect to care episodes and patient condition groups of such patients), as the Secretary determines appropriate. (B) Analysis of patients of physicians and practitioners In conducting the analysis described in subparagraph (A)(iii) with respect to patients attributed to physicians and applicable practitioners, the Secretary shall, as feasible— (i) use the claims data experience of such patients by patient condition codes during a common period, such as 12 months; and (ii) use the claims data experience of such patients by care episode codes— (I) in the case of episodes without a hospitalization, during periods of time (such as the number of days) determined appropriate by the Secretary; and (II) in the case of episodes with a hospitalization, during periods of time (such as the number of days) before, during, and after the hospitalization. (C) Measurement of resource use In measuring such resource use, the Secretary— (i) shall use per patient total allowed charges for all services under part A and this part (and, if the Secretary determines appropriate, part D) for the analysis of patient resource use, by care episode codes and by patient condition codes; and (ii) may, as determined appropriate, use other measures of allowed charges (such as subtotals for categories of items and services) and measures of utilization of items and services (such as frequency of specific items and services and the ratio of specific items and services among attributed patients or episodes). (D) Stakeholder Input The Secretary shall seek comments from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the resource use methodology established pursuant to this paragraph. In seeking comments the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (6) Implementation To the extent that the Secretary contracts with an entity to carry out any part of the provisions of this subsection, the Secretary may not contract with an entity or an entity with a subcontract if the entity or subcontracting entity currently makes recommendations to the Secretary on relative values for services under the fee schedule for physicians’ services under this section. (7) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of— (A) care episode and patient condition groups and codes established under paragraph (2); (B) patient relationship categories and codes established under paragraph (3); and (C) measurement of, and analyses of resource use with respect to, care episode and patient condition codes and patient relationship codes pursuant to paragraph (5). (8) Administration Chapter 35 (9) Definitions In this section: (A) Physician The term physician (B) Applicable practitioner The term applicable practitioner (i) a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)); and (ii) beginning January 1, 2018, such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary. (10) Clarification The provisions of sections 1890(b)(7) and 1890A shall not apply to this subsection. . 102. Priorities and funding for measure development Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (s) Priorities and funding for measure development (1) Plan identifying measure development priorities and timelines (A) Draft measure development plan Not later than January 1, 2015, the Secretary shall develop, and post on the Internet website of the Centers for Medicare & Medicaid Services, a draft plan for the development of quality measures for application under the applicable provisions (as defined in paragraph (5)). Under such plan the Secretary shall— (i) address how measures used by private payers and integrated delivery systems could be incorporated under title XVIII; (ii) describe how coordination, to the extent possible, will occur across organizations developing such measures; and (iii) take into account how clinical best practices and clinical practice guidelines should be used in the development of quality measures. (B) Quality domains For purposes of this subsection, the term quality domains (i) Clinical care. (ii) Safety. (iii) Care coordination. (iv) Patient and caregiver experience. (v) Population health and prevention. (C) Consideration In developing the draft plan under this paragraph, the Secretary shall consider— (i) gap analyses conducted by the entity with a contract under section 1890(a) or other contractors or entities; (ii) whether measures are applicable across health care settings; (iii) clinical practice improvement activities submitted under subsection (q)(2)(C)(iv) for identifying possible areas for future measure development and identifying existing gaps with respect to such measures; and (iv) the quality domains applied under this subsection. (D) Priorities In developing the draft plan under this paragraph, the Secretary shall give priority to the following types of measures: (i) Outcome measures, including patient reported outcome and functional status measures. (ii) Patient experience measures. (iii) Care coordination measures. (iv) Measures of appropriate use of services, including measures of over use. (E) Stakeholder input The Secretary shall accept through March 1, 2015, comments on the draft plan posted under paragraph (1)(A) from the public, including health care providers, payers, consumers, and other stakeholders. (F) Final measure development plan Not later than May 1, 2015, taking into account the comments received under this subparagraph, the Secretary shall finalize the plan and post on the Internet website of the Centers for Medicare & Medicaid Services an operational plan for the development of quality measures for use under the applicable provisions. Such plan shall be updated as appropriate. (2) Contracts and other arrangements for quality measure development (A) In general The Secretary shall enter into contracts or other arrangements with entities for the purpose of developing, improving, updating, or expanding in accordance with the plan under paragraph (1) quality measures for application under the applicable provisions. Such entities shall include organizations with quality measure development expertise. (B) Prioritization (i) In general In entering into contracts or other arrangements under subparagraph (A), the Secretary shall give priority to the development of the types of measures described in paragraph (1)(D). (ii) Consideration In selecting measures for development under this subsection, the Secretary shall consider— (I) whether such measures would be electronically specified; and (II) clinical practice guidelines to the extent that such guidelines exist. (3) Annual report by the Secretary (A) In general Not later than May 1, 2016, and annually thereafter, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a report on the progress made in developing quality measures for application under the applicable provisions. (B) Requirements Each report submitted pursuant to subparagraph (A) shall include the following: (i) A description of the Secretary’s efforts to implement this paragraph. (ii) With respect to the measures developed during the previous year— (I) a description of the total number of quality measures developed and the types of such measures, such as an outcome or patient experience measure; (II) the name of each measure developed; (III) the name of the developer and steward of each measure; (IV) with respect to each type of measure, an estimate of the total amount expended under this title to develop all measures of such type; and (V) whether the measure would be electronically specified. (iii) With respect to measures in development at the time of the report— (I) the information described in clause (ii), if available; and (II) a timeline for completion of the development of such measures. (iv) A description of any updates to the plan under paragraph (1) (including newly identified gaps and the status of previously identified gaps) and the inventory of measures applicable under the applicable provisions. (v) Other information the Secretary determines to be appropriate. (4) Stakeholder input With respect to paragraph (1), the Secretary shall seek stakeholder input with respect to— (A) the identification of gaps where no quality measures exist, particularly with respect to the types of measures described in paragraph (1)(D); (B) prioritizing quality measure development to address such gaps; and (C) other areas related to quality measure development determined appropriate by the Secretary. (5) Definition of applicable provisions In this subsection, the term applicable provisions (A) Subsection (q)(2)(B)(i). (B) Section 1833(z)(2)(C). (6) Funding For purposes of carrying out this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $15,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2014 through 2018. Amounts transferred under this paragraph shall remain available through the end of fiscal year 2021. . 103. Encouraging care management for individuals with chronic care needs (a) In general Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) (8) Encouraging care management for individuals with chronic care needs (A) In general In order to encourage the management of care by an applicable provider (as defined in subparagraph (B)) for individuals with chronic care needs the Secretary shall— (i) establish one or more HCPCS codes for chronic care management services for such individuals; and (ii) subject to subparagraph (D), make payment (as the Secretary determines to be appropriate) under this section for such management services furnished on or after January 1, 2015, by an applicable provider. (B) Applicable provider defined For purposes of this paragraph, the term applicable provider (i) is recognized as such a medical home or comparable specialty practice by an organization that is recognized by the Secretary for purposes of such recognition as such a medical home or practice; or (ii) meets such other comparable qualifications as the Secretary determines to be appropriate. (C) Budget neutrality The budget neutrality provision under subsection (c)(2)(B)(ii)(II) shall apply in establishing the payment under subparagraph (A)(ii). (D) Policies relating to payment In carrying out this paragraph, with respect to chronic care management services, the Secretary shall— (i) make payment to only one applicable provider for such services furnished to an individual during a period; (ii) not make payment under subparagraph (A) if such payment would be duplicative of payment that is otherwise made under this title for such services (such as in the case of hospice care or home health services); and (iii) not require that an annual wellness visit (as defined in section 1861(hhh)) or an initial preventive physical examination (as defined in section 1861(ww)) be furnished as a condition of payment for such management services. . (b) Education and outreach (1) Campaign (A) In general The Secretary of Health and Human Services (in this subsection referred to as the Secretary (B) Requirements Such campaign shall— (i) be directed by the Office of Rural Health Policy of the Department of Health and Human Services and the Office of Minority Health of the Centers for Medicare & Medicaid Services; and (ii) focus on encouraging participation by underserved rural populations and racial and ethnic minority populations. (2) Report (A) In general Not later than December 31, 2017, the Secretary shall submit to Congress a report on the use of chronic care management services described in such section 1848(b)(8) by individuals living in rural areas and by racial and ethnic minority populations. Such report shall— (i) identify barriers to receiving chronic care management services; and (ii) make recommendations for increasing the appropriate use of chronic care management services. 104. Ensuring accurate valuation of services under the physician fee schedule (a) Authority To collect and use information on physicians’ services in the determination of relative values (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (M) Authority to collect and use information on physicians’ services in the determination of relative values (i) Collection of information Notwithstanding any other provision of law, the Secretary may collect or obtain information on the resources directly or indirectly related to furnishing services for which payment is made under the fee schedule established under subsection (b). Such information may be collected or obtained from any eligible professional or any other source. (ii) Use of information Notwithstanding any other provision of law, subject to clause (v), the Secretary may (as the Secretary determines appropriate) use information collected or obtained pursuant to clause (i) in the determination of relative values for services under this section. (iii) Types of information The types of information described in clauses (i) and (ii) may, at the Secretary’s discretion, include any or all of the following: (I) Time involved in furnishing services. (II) Amounts and types of practice expense inputs involved with furnishing services. (III) Prices (net of any discounts) for practice expense inputs, which may include paid invoice prices or other documentation or records. (IV) Overhead and accounting information for practices of physicians and other suppliers. (V) Any other element that would improve the valuation of services under this section. (iv) Information collection mechanisms Information may be collected or obtained pursuant to this subparagraph from any or all of the following: (I) Surveys of physicians, other suppliers, providers of services, manufacturers, and vendors. (II) Surgical logs, billing systems, or other practice or facility records. (III) Electronic health records. (IV) Any other mechanism determined appropriate by the Secretary. (v) Transparency of use of information (I) In general Subject to subclauses (II) and (III), if the Secretary uses information collected or obtained under this subparagraph in the determination of relative values under this subsection, the Secretary shall disclose the information source and discuss the use of such information in such determination of relative values through notice and comment rulemaking. (II) Thresholds for use The Secretary may establish thresholds in order to use such information, including the exclusion of information collected or obtained from eligible professionals who use very high resources (as determined by the Secretary) in furnishing a service. (III) Disclosure of information The Secretary shall make aggregate information available under this subparagraph but shall not disclose information in a form or manner that identifies an eligible professional or a group practice, or information collected or obtained pursuant to a nondisclosure agreement. (vi) Incentive to participate The Secretary may provide for such payments under this part to an eligible professional that submits such solicited information under this subparagraph as the Secretary determines appropriate in order to compensate such eligible professional for such submission. Such payments shall be provided in a form and manner specified by the Secretary. (vii) Administration Chapter 35 (viii) Definition of eligible professional In this subparagraph, the term eligible professional (ix) Funding For purposes of carrying out this subparagraph, in addition to funds otherwise appropriated, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $2,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each fiscal year beginning with fiscal year 2014. Amounts transferred under the preceding sentence for a fiscal year shall be available until expended. . (2) Limitation on review Section 1848(i)(1) of the Social Security Act ( 42 U.S.C. 1395w–4(i)(1) (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking the period at the end and inserting , and (C) by adding at the end the following new subparagraph: (F) the collection and use of information in the determination of relative values under subsection (c)(2)(M). . (b) Authority for alternative approaches To establishing practice expense relative values Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (N) Authority for alternative approaches to establishing practice expense relative values The Secretary may establish or adjust practice expense relative values under this subsection using cost, charge, or other data from suppliers or providers of services, including information collected or obtained under subparagraph (M). . (c) Revised and expanded identification of potentially misvalued codes Section 1848(c)(2)(K)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(K)(ii) (ii) Identification of potentially misvalued codes For purposes of identifying potentially misvalued codes pursuant to clause (i)(I), the Secretary shall examine codes (and families of codes as appropriate) based on any or all of the following criteria: (I) Codes that have experienced the fastest growth. (II) Codes that have experienced substantial changes in practice expenses. (III) Codes that describe new technologies or services within an appropriate time period (such as 3 years) after the relative values are initially established for such codes. (IV) Codes which are multiple codes that are frequently billed in conjunction with furnishing a single service. (V) Codes with low relative values, particularly those that are often billed multiple times for a single treatment. (VI) Codes that have not been subject to review since implementation of the fee schedule. (VII) Codes that account for the majority of spending under the physician fee schedule. (VIII) Codes for services that have experienced a substantial change in the hospital length of stay or procedure time. (IX) Codes for which there may be a change in the typical site of service since the code was last valued. (X) Codes for which there is a significant difference in payment for the same service between different sites of service. (XI) Codes for which there may be anomalies in relative values within a family of codes. (XII) Codes for services where there may be efficiencies when a service is furnished at the same time as other services. (XIII) Codes with high intra-service work per unit of time. (XIV) Codes with high practice expense relative value units. (XV) Codes with high cost supplies. (XVI) Codes as determined appropriate by the Secretary. . (d) Target for relative value adjustments for misvalued services (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (O) Target for relative value adjustments for misvalued services With respect to fee schedules established for each of 2015 through 2018, the following shall apply: (i) Determination of net reduction in expenditures For each year, the Secretary shall determine the estimated net reduction in expenditures under the fee schedule under this section with respect to the year as a result of adjustments to the relative values established under this paragraph for misvalued codes. (ii) Budget neutral redistribution of funds if target met and counting overages towards the target for the succeeding year If the estimated net reduction in expenditures determined under clause (i) for the year is equal to or greater than the target for the year— (I) reduced expenditures attributable to such adjustments shall be redistributed for the year in a budget neutral manner in accordance with subparagraph (B)(ii)(II); and (II) the amount by which such reduced expenditures exceeds the target for the year shall be treated as a reduction in expenditures described in clause (i) for the succeeding year, for purposes of determining whether the target has or has not been met under this subparagraph with respect to that year. (iii) Exemption from budget neutrality if target not met If the estimated net reduction in expenditures determined under clause (i) for the year is less than the target for the year, reduced expenditures in an amount equal to the target recapture amount shall not be taken into account in applying subparagraph (B)(ii)(II) with respect to fee schedules beginning with 2015. (iv) Target recapture amount For purposes of clause (iii), the target recapture amount is, with respect to a year, an amount equal to the difference between— (I) the target for the year; and (II) the estimated net reduction in expenditures determined under clause (i) for the year. (v) Target For purposes of this subparagraph, with respect to a year, the target is calculated as 0.5 percent of the estimated amount of expenditures under the fee schedule under this section for the year. . (2) Conforming amendment Section 1848(c)(2)(B)(v) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(v) (VIII) Reductions for misvalued services if target not met Effective for fee schedules beginning with 2015, reduced expenditures attributable to the application of the target recapture amount described in subparagraph (O)(iii). . (e) Phase-In of significant relative value unit (RVU) reductions (1) In general Section 1848(c) of the Social Security Act ( 42 U.S.C. 1395w–4(c) (7) Phase-in of significant relative value unit (RVU) reductions Effective for fee schedules established beginning with 2015, if the total relative value units for a service for a year would otherwise be decreased by an estimated amount equal to or greater than 20 percent as compared to the total relative value units for the previous year, the applicable adjustments in work, practice expense, and malpractice relative value units shall be phased-in over a 2-year period. . (2) Conforming amendments Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (A) in subparagraph (B)(ii)(I), by striking subclause (II) subclause (II) and paragraph (7) (B) in subparagraph (K)(iii)(VI)— (i) by striking provisions of subparagraph (B)(ii)(II) provisions of subparagraph (B)(ii)(II) and paragraph (7) (ii) by striking under subparagraph (B)(ii)(II) under subparagraph (B)(ii)(I) (f) Authority To smooth relative values within groups of services Section 1848(c)(2)(C) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(C) (1) in each of clauses (i) and (iii), by striking the service the service or group of services (2) in the first sentence of clause (ii), by inserting or group of services (g) GAO study and report on Relative Value Scale Update Committee (1) Study The Comptroller General of the United States (in this subsection referred to as the Comptroller General (2) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1). (h) Adjustment to Medicare payment localities (1) In general Section 1848(e) of the Social Security Act ( 42 U.S.C. 1395w–4(e) (6) Use of MSAs as fee schedule areas in California (A) In general Subject to the succeeding provisions of this paragraph and notwithstanding the previous provisions of this subsection, for services furnished on or after January 1, 2017, the fee schedule areas used for payment under this section applicable to California shall be the following: (i) Each Metropolitan Statistical Area (each in this paragraph referred to as an MSA (ii) All areas not included in an MSA shall be treated as a single rest-of-State fee schedule area. (B) Transition for MSAs previously in rest-of-State payment locality or in locality 3 (i) In general For services furnished in California during a year beginning with 2017 and ending with 2021 in an MSA in a transition area (as defined in subparagraph (D)), subject to subparagraph (C), the geographic index values to be applied under this subsection for such year shall be equal to the sum of the following: (I) Current law component The old weighting factor (described in clause (ii)) for such year multiplied by the geographic index values under this subsection for the fee schedule area that included such MSA that would have applied in such area (as estimated by the Secretary) if this paragraph did not apply. (II) MSA-based component The MSA-based weighting factor (described in clause (iii)) for such year multiplied by the geographic index values computed for the fee schedule area under subparagraph (A) for the year (determined without regard to this subparagraph). (ii) Old weighting factor The old weighting factor described in this clause— (I) for 2017, is 5/6 (II) for each succeeding year, is the old weighting factor described in this clause for the previous year minus 1/6 (iii) MSA-based weighting factor The MSA-based weighting factor described in this clause for a year is 1 minus the old weighting factor under clause (ii) for that year. (C) Hold harmless For services furnished in a transition area in California during a year beginning with 2017, the geographic index values to be applied under this subsection for such year shall not be less than the corresponding geographic index values that would have applied in such transition area (as estimated by the Secretary) if this paragraph did not apply. (D) Transition area defined In this paragraph, the term transition area (i) The rest-of-State payment locality. (ii) Payment locality 3. (E) References to fee schedule areas Effective for services furnished on or after January 1, 2017, for California, any reference in this section to a fee schedule area shall be deemed a reference to a fee schedule area established in accordance with this paragraph. . (2) Conforming amendment to definition of fee schedule area Section 1848(j)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(2) The term Except as provided in subsection (e)(6)(D), the term (i) Disclosure of data used To establish multiple procedure payment reduction policy The Secretary of Health and Human Services shall make publicly available the information used to establish the multiple procedure payment reduction policy to the professional component of imaging services in the final rule published in the Federal Register, v. 77, n. 222, November 16, 2012, pages 68891–69380 under the physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 105. Promoting evidence-based care (a) In general Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (p) Recognizing appropriate use criteria for certain imaging services (1) Program established (A) In general The Secretary shall establish a program to promote the use of appropriate use criteria (as defined in subparagraph (B)) for applicable imaging services (as defined in subparagraph (C)) furnished in an applicable setting (as defined in subparagraph (D)) by ordering professionals and furnishing professionals (as defined in subparagraphs (E) and (F), respectively). (B) Appropriate use criteria defined In this subsection, the term appropriate use criteria (C) Applicable imaging service defined In this subsection, the term applicable imaging service (i) one or more applicable appropriate use criteria specified under paragraph (2) apply; (ii) there are one or more qualified clinical decision support mechanisms listed under paragraph (3)(C); and (iii) one or more of such mechanisms is available free of charge. (D) Applicable setting defined In this subsection, the term applicable setting (E) Ordering professional defined In this subsection, the term ordering professional (F) Furnishing professional defined In this subsection, the term furnishing professional (2) Establishment of applicable appropriate use criteria (A) In general Not later than November 15, 2015, the Secretary shall through rulemaking, and in consultation with physicians, practitioners, and other stakeholders, specify applicable appropriate use criteria for applicable imaging services only from among appropriate use criteria developed or endorsed by national professional medical specialty societies or other provider-led entities. (B) Considerations In specifying applicable appropriate use criteria under subparagraph (A), the Secretary shall take into account whether the criteria— (i) have stakeholder consensus; (ii) are scientifically valid and evidence based; and (iii) are based on studies that are published and reviewable by stakeholders. (C) Revisions The Secretary shall review, on an annual basis, the specified applicable appropriate use criteria to determine if there is a need to update or revise (as appropriate) such specification of applicable appropriate use criteria and make such updates or revisions through rulemaking. (D) Treatment of multiple applicable appropriate use criteria In the case where the Secretary determines that more than one appropriate use criteria applies with respect to an applicable imaging service, the Secretary shall permit one or more applicable appropriate use criteria under this paragraph for the service. (3) Mechanisms for consultation with applicable appropriate use criteria (A) Identification of mechanisms to consult with applicable appropriate use criteria (i) In general The Secretary shall specify qualified clinical decision support mechanisms that could be used by ordering professionals to consult with applicable appropriate use criteria for applicable imaging services. (ii) Consultation The Secretary shall consult with physicians, practitioners, health care technology experts, and other stakeholders in specifying mechanisms under this paragraph. (iii) Inclusion of certain mechanisms Mechanisms specified under this paragraph may include any or all of the following that meet the requirements described in subparagraph (B)(ii): (I) Use of clinical decision support modules in certified EHR technology (as defined in section 1848(o)(4)). (II) Use of private sector clinical decision support mechanisms that are independent from certified EHR technology, which may include use of clinical decision support mechanisms available from medical specialty organizations. (III) Use of a clinical decision support mechanism established by the Secretary. (B) Qualified clinical decision support mechanisms (i) In general For purposes of this subsection, a qualified clinical decision support mechanism is a mechanism that the Secretary determines meets the requirements described in clause (ii). (ii) Requirements The requirements described in this clause are the following: (I) The mechanism makes available to the ordering professional applicable appropriate use criteria specified under paragraph (2) and the supporting documentation for the applicable imaging service ordered. (II) In the case where there are more than one applicable appropriate use criteria specified under such paragraph for an applicable imaging service, the mechanism indicates the criteria that it uses for the service. (III) The mechanism determines the extent to which an applicable imaging service ordered is consistent with the applicable appropriate use criteria so specified. (IV) The mechanism generates and provides to the ordering professional a certification or documentation that documents that the qualified clinical decision support mechanism was consulted by the ordering professional. (V) The mechanism is updated on a timely basis to reflect revisions to the specification of applicable appropriate use criteria under such paragraph. (VI) The mechanism meets privacy and security standards under applicable provisions of law. (VII) The mechanism performs such other functions as specified by the Secretary, which may include a requirement to provide aggregate feedback to the ordering professional. (C) List of mechanisms for consultation with applicable appropriate use criteria (i) Initial list Not later than April 1, 2016, the Secretary shall publish a list of mechanisms specified under this paragraph. (ii) Periodic updating of list The Secretary shall identify on an annual basis the list of qualified clinical decision support mechanisms specified under this paragraph. (4) Consultation with applicable appropriate use criteria (A) Consultation by ordering professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service ordered by an ordering professional that would be furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), an ordering professional shall— (i) consult with a qualified decision support mechanism listed under paragraph (3)(C); and (ii) provide to the furnishing professional the information described in clauses (i) through (iii) of subparagraph (B). (B) Reporting by furnishing professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), payment for such service may only be made if the claim for the service includes the following: (i) Information about which qualified clinical decision support mechanism was consulted by the ordering professional for the service. (ii) Information regarding— (I) whether the service ordered would adhere to the applicable appropriate use criteria specified under paragraph (2); (II) whether the service ordered would not adhere to such criteria; or (III) whether such criteria was not applicable to the service ordered. (iii) The national provider identifier of the ordering professional (if different from the furnishing professional). (C) Exceptions The provisions of subparagraphs (A) and (B) and paragraph (6)(A) shall not apply to the following: (i) Emergency services An applicable imaging service ordered for an individual with an emergency medical condition (as defined in section 1867(e)(1)). (ii) Inpatient services An applicable imaging service ordered for an inpatient and for which payment is made under part A. (iii) Alternative payment models An applicable imaging service ordered by an ordering professional with respect to an individual attributed to an alternative payment model (as defined in section 1833(z)(3)(C)). (iv) Significant hardship An applicable imaging service ordered by an ordering professional who the Secretary may, on a case-by-case basis, exempt from the application of such provisions if the Secretary determines, subject to annual renewal, that consultation with applicable appropriate use criteria would result in a significant hardship, such as in the case of a professional who practices in a rural area without sufficient Internet access. (D) Applicable payment system defined In this subsection, the term applicable payment system (i) The physician fee schedule established under section 1848(b). (ii) The prospective payment system for hospital outpatient department services under section 1833(t). (iii) The ambulatory surgical center payment systems under section 1833(i). (5) Identification of outlier ordering professionals (A) In general With respect to applicable imaging services furnished beginning with 2017, the Secretary shall determine, on an annual basis, no more than five percent of the total number of ordering professionals who are outlier ordering professionals. (B) Outlier ordering professionals The determination of an outlier ordering professional shall— (i) be based on low adherence to applicable appropriate use criteria specified under paragraph (2), which may be based on comparison to other ordering professionals; and (ii) include data for ordering professionals for whom prior authorization under paragraph (6)(A) applies. (C) Use of two years of data The Secretary shall use two years of data to identify outlier ordering professionals under this paragraph. (D) Process The Secretary shall establish a process for determining when an outlier ordering professional is no longer an outlier ordering professional. (E) Consultation with stakeholders The Secretary shall consult with physicians, practitioners and other stakeholders in developing methods to identify outlier ordering professionals under this paragraph. (6) Prior authorization for ordering professionals who are outliers (A) In general Beginning January 1, 2020, subject to paragraph (4)(C), with respect to services furnished during a year, the Secretary shall, for a period determined appropriate by the Secretary, apply prior authorization for applicable imaging services that are ordered by an outlier ordering professional identified under paragraph (5). (B) Appropriate use criteria in prior authorization In applying prior authorization under subparagraph (A), the Secretary shall utilize only the applicable appropriate use criteria specified under this subsection. (C) Funding For purposes of carrying out this paragraph, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $5,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2019 through 2021. Amounts transferred under the preceding sentence shall remain available until expended. (7) Construction Nothing in this subsection shall be construed as granting the Secretary the authority to develop or initiate the development of clinical practice guidelines or appropriate use criteria. . (b) Conforming amendment Section 1833(t)(16) of the Social Security Act ( 42 U.S.C. 1395l(t)(16) (E) Application of appropriate use criteria for certain imaging services For provisions relating to the application of appropriate use criteria for certain imaging services, see section 1834(p). . (c) Report on experience of imaging appropriate use criteria program Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes a description of the extent to which appropriate use criteria could be used for other services under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. 106. Empowering beneficiary choices through access to information on physicians’ services (a) In general The Secretary shall make publicly available on Physician Compare the information described in subsection (b) with respect to eligible professionals. (b) Information described The following information, with respect to an eligible professional, is described in this subsection: (1) Information on the number of services furnished by the eligible professional under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. (2) Information on submitted charges and payments for services under such part. (3) A unique identifier for the eligible professional that is available to the public, such as a national provider identifier. (c) Searchability The information made available under this section shall be searchable by at least the following: (1) The specialty or type of the eligible professional. (2) Characteristics of the services furnished, such as volume or groupings of services. (3) The location of the eligible professional. (d) Disclosure The information made available under this section shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (e) Implementation (1) Initial implementation Physician Compare shall include the information described in subsection (b)— (A) with respect to physicians, by not later than July 1, 2015; and (B) with respect to other eligible professionals, by not later than July 1, 2016. (2) Annual updating The information made available under this section shall be updated on Physician Compare not less frequently than on an annual basis. (f) Opportunity To review and submit corrections The Secretary shall provide for an opportunity for an eligible professional to review, and submit corrections for, the information to be made public with respect to the eligible professional under this section prior to such information being made public. (g) Definitions In this section: (1) Eligible professional; physician; secretary The terms eligible professional physician Secretary Public Law 111–148 (2) Physician Compare The term Physician Compare 107. Expanding availability of Medicare data (a) Expanding uses of Medicare data by qualified entities (1) Additional analyses (A) In general Subject to subparagraph (B), to the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may use the combined data described in paragraph (4)(B)(iii) of such section received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), to conduct additional non-public analyses (as determined appropriate by the Secretary) and provide or sell such analyses to authorized users for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (B) Limitations with respect to analyses (i) Employers Any analyses provided or sold under subparagraph (A) to an employer described in paragraph (9)(A)(iii) may only be used by such employer for purposes of providing health insurance to employees and retirees of the employer. (ii) Health insurance issuers A qualified entity may not provide or sell an analysis to a health insurance issuer described in paragraph (9)(A)(iv) unless the issuer is providing the qualified entity with data under section 1874(e)(4)(B)(iii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(B)(iii)). (2) Access to certain data (A) Access To the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (i) provide or sell the combined data described in paragraph (4)(B)(iii) of such section to authorized users described in clauses (i), (ii), and (v) of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B); or (ii) subject to subparagraph (C), provide Medicare claims data to authorized users described in clauses (i), (ii), and (v), of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B). (B) Purposes described The purposes described in this subparagraph are assisting providers of services and suppliers in developing and participating in quality and patient care improvement activities, including developing new models of care. (C) Medicare claims data must be provided at no cost A qualified entity may not charge a fee for providing the data under subparagraph (A)(ii). (3) Protection of information (A) In general Except as provided in subparagraph (B), an analysis or data that is provided or sold under paragraph (1) or (2) shall not contain information that individually identifies a patient. (B) Information on patients of the provider of services or supplier To the extent consistent with applicable information, privacy, security, and disclosure laws, an analysis or data that is provided or sold to a provider of services or supplier under paragraph (1) or (2) may contain information that individually identifies a patient of such provider or supplier, including with respect to items and services furnished to the patient by other providers of services or suppliers. (C) Prohibition on using analyses or data for marketing purposes An authorized user shall not use an analysis or data provided or sold under paragraph (1) or (2) for marketing purposes. (4) Data use agreement A qualified entity and an authorized user described in clauses (i), (ii), and (v) of paragraph (9)(A) shall enter into an agreement regarding the use of any data that the qualified entity is providing or selling to the authorized user under paragraph (2). Such agreement shall describe the requirements for privacy and security of the data and, as determined appropriate by the Secretary, any prohibitions on using such data to link to other individually identifiable sources of information. If the authorized user is not a covered entity under the rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, the agreement shall identify the relevant regulations, as determined by the Secretary, that the user shall comply with as if it were acting in the capacity of such a covered entity. (5) No redisclosure of analyses or data (A) In general Except as provided in subparagraph (B), an authorized user that is provided or sold an analysis or data under paragraph (1) or (2) shall not redisclose or make public such analysis or data or any analysis using such data. (B) Permitted redisclosure A provider of services or supplier that is provided or sold an analysis or data under paragraph (1) or (2) may, as determined by the Secretary, redisclose such analysis or data for the purposes of performance improvement and care coordination activities but shall not make public such analysis or data or any analysis using such data. (6) Opportunity for providers of services and suppliers to review Prior to a qualified entity providing or selling an analysis to an authorized user under paragraph (1), to the extent that such analysis would individually identify a provider of services or supplier who is not being provided or sold such analysis, such qualified entity shall provide such provider or supplier with the opportunity to appeal and correct errors in the manner described in section 1874(e)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)). (7) Assessment for a breach (A) In general In the case of a breach of a data use agreement under this section or section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (i) an agreement between the Secretary and a qualified entity; and (ii) an agreement between a qualified entity and an authorized user. (B) Assessment The assessment under subparagraph (A) shall be an amount up to $100 for each individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title— (i) in the case of an agreement described in subparagraph (A)(i), for whom the Secretary provided data on to the qualified entity under paragraph (2); and (ii) in the case of an agreement described in subparagraph (A)(ii), for whom the qualified entity provided data on to the authorized user under paragraph (2). (C) Deposit of amounts collected Any amounts collected pursuant to this paragraph shall be deposited in Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act ( 42 U.S.C. 1395t (8) Annual reports Any qualified entity that provides or sells an analysis or data under paragraph (1) or (2) shall annually submit to the Secretary a report that includes— (A) a summary of the analyses provided or sold, including the number of such analyses, the number of purchasers of such analyses, and the total amount of fees received for such analyses; (B) a description of the topics and purposes of such analyses; (C) information on the entities who received the data under paragraph (2), the uses of the data, and the total amount of fees received for providing, selling, or sharing the data; and (D) other information determined appropriate by the Secretary. (9) Definitions In this subsection and subsection (b): (A) Authorized user The term authorized user (i) A provider of services. (ii) A supplier. (iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). (iv) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). (v) A medical society or hospital association. (vi) Any entity not described in clauses (i) through (v) that is approved by the Secretary (other than an employer or health insurance issuer not described in clauses (iii) and (iv), respectively, as determined by the Secretary). (B) Provider of services The term provider of services (C) Qualified entity The term qualified entity (D) Secretary The term Secretary (E) Supplier The term supplier (b) Access to Medicare data by qualified clinical data registries To facilitate quality improvement (1) Access (A) In general To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning July 1, 2015, the Secretary shall, at the request of a qualified clinical data registry under section 1848(m)(3)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E) (B) Data described The data described in this subparagraph is— (i) claims data under the Medicare program under title XVIII of the Social Security Act; and (ii) if the Secretary determines appropriate, claims data under the Medicaid program under title XIX of such Act and the State Children's Health Insurance Program under title XXI of such Act. (2) Fee Data described in paragraph (1)(B) shall be provided to a qualified clinical data registry under paragraph (1) at a fee equal to the cost of providing such data. Any fee collected pursuant to the preceding sentence shall be deposited in the Centers for Medicare & Medicaid Services Program Management Account. (c) Expansion of data available to qualified entities Section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (1) in the subsection heading, by striking Medicare (2) in paragraph (3)— (A) by inserting after the first sentence the following new sentence: Beginning July 1, 2015, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under titles XIX and XXI for assistance provided under such titles for one or more specified geographic areas and time periods requested by a qualified entity. (B) in the last sentence, by inserting or under titles XIX or XXI (d) Revision of placement of fees Section 1874(e)(4)(A) of the Social Security Act ( 42 U.S.C. 1395kk(e)(4)(A) (1) by inserting , for periods prior to July 1, 2015, deposited (2) by inserting the following before the period at the end: , and, beginning July 1, 2015, into the Centers for Medicare & Medicaid Services Program Management Account 108. Reducing administrative burden and other provisions (a) Medicare physician and practitioner opt-Out to private contract (1) Indefinite, continuing automatic extension of opt out election (A) In general Section 1802(b)(3) of the Social Security Act ( 42 U.S.C. 1395a(b)(3) (i) in subparagraph (B)(ii), by striking during the 2-year period beginning on the date the affidavit is signed during the applicable 2-year period (as defined in subparagraph (D)) (ii) in subparagraph (C), by striking during the 2-year period described in subparagraph (B)(ii) during the applicable 2-year period (iii) by adding at the end the following new subparagraph: (D) Applicable 2-year periods for effectiveness of affidavits In this subsection, the term applicable 2-year period . (B) Effective date The amendments made by subparagraph (A) shall apply to affidavits entered into on or after the date that is 60 days after the date of the enactment of this Act. (2) Public availability of information on opt-out physicians and practitioners Section 1802(b) of the Social Security Act ( 42 U.S.C. 1395a(b) (A) in paragraph (5), by adding at the end the following new subparagraph: (D) Opt-out physician or practitioner The term opt-out physician or practitioner ; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: (5) Posting of information on opt-out physicians and practitioners (A) In general Beginning not later than February 1, 2015, the Secretary shall make publicly available through an appropriate publicly accessible website of the Department of Health and Human Services information on the number and characteristics of opt-out physicians and practitioners and shall update such information on such website not less often than annually. (B) Information to be included The information to be made available under subparagraph (A) shall include at least the following with respect to opt-out physicians and practitioners: (i) Their number. (ii) Their physician or professional specialty or other designation. (iii) Their geographic distribution. (iv) The timing of their becoming opt-out physicians and practitioners, relative to when they first entered practice and with respect to applicable 2-year periods. (v) The proportion of such physicians and practitioners who billed for emergency or urgent care services. . (b) Gainsharing study and report Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall submit to Congress a report with legislative recommendations to amend existing fraud and abuse laws, through exceptions, safe harbors, or other narrowly targeted provisions, to permit gainsharing or similar arrangements between physicians and hospitals that improve care while reducing waste and increasing efficiency. The report shall— (1) consider whether such provisions should apply to ownership interests, compensation arrangements, or other relationships; (2) describe how the recommendations address accountability, transparency, and quality, including how best to limit inducements to stint on care, discharge patients prematurely, or otherwise reduce or limit medically necessary care; and (3) consider whether a portion of any savings generated by such arrangements should accrue to the Medicare program under title XVIII of the Social Security Act. (c) Promoting interoperability of electronic health record systems (1) Recommendations for achieving widespread EHR interoperability (A) Objective As a consequence of a significant Federal investment in the implementation of health information technology through the Medicare and Medicaid EHR incentive programs, Congress declares it a national objective to achieve widespread exchange of health information through interoperable certified EHR technology nationwide by December 31, 2017. (B) Definitions In this paragraph: (i) Widespread interoperability The term widespread interoperability (ii) Interoperability The term interoperability (C) Establishment of metrics Not later than July 1, 2015, and in consultation with stakeholders, the Secretary shall establish metrics to be used to determine if and to the extent that the objective described in subparagraph (A) has been achieved. (D) Recommendations if objective not achieved If the Secretary of Health and Human Services determines that the objective described in subparagraph (A) has not been achieved by December 31, 2017, then the Secretary shall submit to Congress a report, by not later than December 31, 2018, that identifies barriers to such objective and recommends actions that the Federal Government can take to achieve such objective. Such recommended actions may include recommendations— (i) to adjust payments for not being meaningful EHR users under the Medicare EHR incentive programs; and (ii) for criteria for decertifying certified EHR technology products. (2) Preventing blocking the sharing of information (A) For meaningful EHR professionals Section 1848(o)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(ii) , and the professional demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the professional has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology (B) For meaningful EHR hospitals Section 1886(n)(3)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395ww(n)(3)(A)(ii) , and the hospital demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the hospital has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology (C) Effective date The amendments made by this subsection shall apply to meaningful EHR users as of the date that is one year after the date of the enactment of this Act. (3) Study and report on the feasibility of establishing a website to compare certified EHR technology products (A) Study The Secretary shall conduct a study to examine the feasibility of establishing mechanisms that includes aggregated results of surveys of meaningful EHR users on the functionality of certified EHR technology products to enable such users to directly compare the functionality and other features of such products. Such information may be made available through contracts with physician, hospital, or other organizations that maintain such comparative information. (B) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the website. The report shall include information on the benefits of, and resources needed to develop and maintain, such a website. (4) Definitions In this subsection: (A) The term certified EHR technology (B) The term meaningful EHR user (C) The term Medicare and Medicaid EHR incentive programs (i) in the case of the Medicare program under title XVIII of the Social Security Act, the incentive programs under section 1814(l)(3), section 1848(o), subsections (l) and (m) of section 1853, and section 1886(n) of the Social Security Act (42 U.S.C. 1395f(l)(3), 1395w–4(o), 1395w–23, 1395ww(n)); and (ii) in the case of the Medicaid program under title XIX of such Act, the incentive program under subsections (a)(3)(F) and (t) of section 1903 of such Act (42 U.S.C. 1396b). (D) The term Secretary (d) GAO studies and reports on the use of telehealth under Federal programs and on remote patient monitoring services (1) Study on telehealth services The Comptroller General of the United States shall conduct a study on the following: (A) How the definition of telehealth across various Federal programs and Federal efforts can inform the use of telehealth in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (B) Issues that can facilitate or inhibit the use of telehealth under the Medicare program under such title, including oversight and professional licensure, changing technology, privacy and security, infrastructure requirements, and varying needs across urban and rural areas. (C) Potential implications of greater use of telehealth with respect to payment and delivery system transformations under the Medicare program under such title XVIII and the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. (D) How the Centers for Medicare & Medicaid Services conducts oversight of payments made under the Medicare program under such title XVIII to providers for telehealth services. (2) Study on remote patient monitoring services (A) In general The Comptroller General of the United States shall conduct a study— (i) of the dissemination of remote patient monitoring technology in the private health insurance market; (ii) of the financial incentives in the private health insurance market relating to adoption of such technology; (iii) of the barriers to adoption of such services under the Medicare program under title XVIII of the Social Security Act; (iv) that evaluates the patients, conditions, and clinical circumstances that could most benefit from remote patient monitoring services; and (v) that evaluates the challenges related to establishing appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (B) Definitions For purposes of this paragraph: (i) Remote patient monitoring services The term remote patient monitoring services (ii) Remote patient monitoring technology The term remote patient monitoring technology (3) Reports Not later than 24 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress— (A) a report containing the results of the study conducted under paragraph (1); and (B) a report containing the results of the study conducted under paragraph (2). A report required under this paragraph shall be submitted together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. The Comptroller General may submit one report containing the results described in subparagraphs (A) and (B) and the recommendations described in the previous sentence. (e) Rule of construction regarding healthcare provider standards of care (1) Maintenance of state standards The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed— (A) to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim; or (B) to preempt any standard of care or duty of care, owed by a health care provider to a patient, duly established under State or common law. (2) Definitions For purposes of this subsection: (A) Federal health care provision The term Federal health care provision Public Law 111–148 Public Law 111–152 (B) Health care provider The term health care provider (i) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (ii) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (C) Medical malpractice or medical product liability action or claim The term medical malpractice or medical product liability action or claim 42 U.S.C. 11151(7) (D) State The term State (3) Preservation of State law No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152 II Extensions A Medicare Extensions 201. Work geographic adjustment Section 1848(e)(1)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(e)(1)(E) and before April 1, 2014, 202. Medicare payment for therapy services (a) Repeal of therapy cap and 1-year extension of threshold for manual medical review Section 1833(g) of the Social Security Act ( 42 U.S.C. 1395l(g) (1) in paragraph (4)— (A) by striking This subsection Except as provided in paragraph (5)(C)(iii), this subsection (B) by inserting the following before the period at the end: or with respect to services furnished on or after the date of enactment of the Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (2) in paragraph (5)(C), by adding at the end the following new clause: (iii) Beginning on the date of enactment of the Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 . (b) Medical review of outpatient therapy services (1) Medical review of outpatient therapy services Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (aa) Medical review of outpatient therapy services (1) In general (A) Process for medical review The Secretary shall implement a process for the medical review (as described in paragraph (2)) of outpatient therapy services (as defined in paragraph (10)) and, subject to paragraph (12), apply such process to such services furnished on or after the date that is 12 months after the date of enactment of the Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (B) Identification of services for review Under the process, the Secretary shall identify services for medical review, using such factors as the Secretary determines appropriate, which may include the following: (i) Services furnished by a therapy provider (as defined in paragraph (10)) whose pattern of billing is aberrant compared to peers. (ii) Services furnished by a therapy provider who, in a prior period, has a high claims denial percentage or is less compliant with other applicable requirements under this title. (iii) Services furnished by a therapy provider that is newly enrolled under this title. (iv) Services furnished by a therapy provider who has questionable billing practices, such as billing medically unlikely units of services in a day. (v) Services furnished to treat a type of medical condition. (vi) Services identified by use of the standardized data elements required to be reported under section 1834(p). (vii) Services furnished by a single therapy provider or a group that includes a therapy provider identified by factors described in this subparagraph. (viii) Other services as determined appropriate by the Secretary. (2) Medical review (A) Prior authorization medical review (i) In general Subject to the succeeding provisions of this subparagraph, the Secretary shall use prior authorization medical review for outpatient therapy services furnished to an individual above one or more thresholds established by the Secretary, such as a dollar threshold or a threshold based on other factors. (ii) Ending application of prior authorization for a therapy provider The Secretary shall end the application of prior authorization medical review to outpatient therapy services furnished by a therapy provider if the Secretary determines that the provider has a low denial rate under such prior authorization. The Secretary may subsequently reapply prior authorization medical review to such therapy provider if the Secretary determines it to be appropriate. (iii) Prior authorization of multiple services The Secretary shall, where practicable, provide for prior authorization medical review for multiple services at a single time, such as services in a therapy plan of care described in section 1861(p)(2). (B) Other types of medical review The Secretary may use pre-payment review or post-payment review for services identified under paragraph (1)(B) that are not subject to prior authorization medical review under subparagraph (A). (C) Limitation for law enforcement activities The Secretary may determine that medical review under this subsection does not apply in the case where potential fraud may be involved. (3) Review contractors The Secretary shall conduct prior authorization medical review of outpatient therapy services under this subsection using medicare administrative contractors (as described in section 1874A) or other review contractors (other than contractors under section 1893(h) or contractors paid on a contingent basis). (4) No payment without prior authorization With respect to an outpatient therapy service for which prior authorization medical review under this subsection applies, the following shall apply: (A) Prior authorization determination The Secretary shall make a determination, prior to the service being furnished, of whether the service would or would not meet the applicable requirements of section 1862(a)(1)(A). (B) Denial of payment Subject to paragraph (6), no payment shall be made under this part for the service unless the Secretary determines pursuant to subparagraph (A) that the service would meet the applicable requirements of such section. (5) Submission of information A therapy provider may submit the information necessary for medical review by fax, by mail, or by electronic means. The Secretary shall make available the electronic means described in the preceding sentence as soon as practicable, but not later than 24 months after the date of enactment of this subsection. (6) Timeliness If the Secretary does not make a prior authorization determination under paragraph (4)(A) within 10 business days of the date of the Secretary’s receipt of medical documentation needed to make such determination, paragraph (4)(B) shall not apply. (7) Construction With respect to an outpatient therapy service that has been affirmed by medical review under this subsection, nothing in this subsection shall be construed to preclude the subsequent denial of a claim for such service that does not meet other applicable requirements under this Act. (8) Beneficiary protections With respect to services furnished on or after January 1, 2015, where payment may not be made as a result of application of medical review under this subsection, section 1879 shall apply in the same manner as such section applies to a denial that is made by reason of section 1862(a)(1). (9) Implementation (A) Authority The Secretary may implement the provisions of this subsection by interim final rule with comment period. (B) Administration Chapter 35 (C) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the identification of services for medical review or the process for medical review under this subsection. (10) Definitions For purposes of this subsection: (A) Outpatient therapy services The term outpatient therapy services (i) Physical therapy services of the type described in section 1861(p). (ii) Speech-language pathology services of the type described in such section though the application of section 1861(ll)(2). (iii) Occupational therapy services of the type described in section 1861(p) through the operation of section 1861(g). (B) Therapy provider The term therapy provider (11) Funding For purposes of implementing this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $35,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each fiscal year (beginning with fiscal year 2014). Amounts transferred under this paragraph shall remain available until expended. (12) Scaling back (A) Periodic determinations Beginning with 2017, and every two years thereafter, the Secretary shall— (i) make a determination of the improper payment rate for outpatient therapy services for a 12-month period; and (ii) make such determination publicly available. (B) Scaling back If the improper payment rate for outpatient therapy services determined for a 12-month period under subparagraph (A) is 50 percent or less of the Medicare fee-for-service improper payment rate for such period, the Secretary shall— (i) reduce the amount and extent of medical review conducted for a prospective year under the process established in this subsection; and (ii) return an appropriate portion of the funding provided for such year under paragraph (11). . (2) GAO study and report (A) Study The Comptroller General of the United States shall conduct a study on the effectiveness of medical review of outpatient therapy services under section 1833(aa) of the Social Security Act, as added by paragraph (1). Such study shall include an analysis of— (i) aggregate data on— (I) the number of individuals, therapy providers, and claims subject to such review; and (II) the number of reviews conducted under such section; and (ii) the outcomes of such reviews. (B) Report Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study under subparagraph (A), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) Collection of standardized data elements for outpatient therapy services (1) Collection of standardized data elements for outpatient therapy services Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (p) Collection of standardized data elements for outpatient therapy services (1) Standardized data elements (A) In general Not later than 6 months after the date of enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of standardized data elements for individuals receiving outpatient therapy services. (B) Domains Such standardized data elements shall include information with respect to the following domains, as determined appropriate by the Secretary: (i) Demographic information. (ii) Diagnosis. (iii) Severity. (iv) Affected body structures and functions. (v) Limitations with activities of daily living and participation. (vi) Functional status. (vii) Other domains determined to be appropriate by the Secretary. (C) Solicitation of input The Secretary shall accept comments from stakeholders through the date that is 60 days after the date the Secretary posts the draft list of standardized data elements pursuant to subparagraph (A). In seeking such comments, the Secretary shall use one or more mechanisms to solicit input from stakeholders that may include use of open door forums, town hall meetings, requests for information, or other mechanisms determined appropriate by the Secretary. (D) Operational list of standardized data elements Not later than 120 days after the end of the comment period described in subparagraph (C), the Secretary, taking into account such comments, shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of standardized data elements. (E) Subsequent revisions Subsequent revisions to the operational list of standardized data elements shall be made through rulemaking. Such revisions may be based on experience and input from stakeholders. (2) System to report standardized data elements (A) In general Not later than 18 months after the date the Secretary posts the operational list of standardized data elements pursuant to paragraph (1)(D), the Secretary shall develop and implement an electronic system (which may be a web portal) for therapy providers to report the standardized data elements for individuals with respect to outpatient therapy services. (B) Consultation The Secretary shall seek comments from stakeholders regarding the best way to report the standardized data elements. (3) Reporting (A) Frequency of reporting The Secretary shall specify the frequency of reporting standardized data elements. The Secretary shall seek comments from stakeholders regarding the frequency of the reporting of such data elements. (B) Reporting requirement Beginning on the date the system to report standardized data elements under this subsection is operational, no payment shall be made under this part for outpatient therapy services furnished to an individual unless a therapy provider reports the standardized data elements for such individual. (4) Report on new payment system for outpatient therapy services (A) In general Not later than 24 months after the date described in paragraph (3)(B), the Secretary shall submit to Congress a report on the design of a new payment system for outpatient therapy services. The report shall include an analysis of the standardized data elements collected and other appropriate data and information. (B) Features Such report shall consider— (i) appropriate adjustments to payment (such as case mix and outliers); (ii) payments on an episode of care basis; and (iii) reduced payment for multiple episodes. (C) Consultation The Secretary shall consult with stakeholders regarding the design of such a new payment system. (5) Implementation (A) Funding For purposes of implementing this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $7,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2014 through 2018. Amounts transferred under this subparagraph shall remain available until expended. (B) Administration Chapter 35 (C) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the specification of standardized data elements required under this subsection or the system to report such standardized data elements. (D) Definition of outpatient therapy services and therapy provider In this subsection, the terms outpatient therapy services therapy provider . (2) Sunset of current claims-based collection of therapy data Section 3005(g)(1) of the Middle Class Tax Extension and Job Creation Act of 2012 (42 U.S.C. 1395l note) is amended, in the first sentence, by inserting and ending on the date the system to report standardized data elements under section 1834(p) of the Social Security Act ( 42 U.S.C. 1395m(p) January 1, 2013, (d) Reporting of certain information Section 1842(t) of the Social Security Act ( 42 U.S.C. 1395u(t) (3) Each request for payment, or bill submitted, by a therapy provider (as defined in section 1833(aa)(10)) for an outpatient therapy service (as defined in such section) furnished by a therapy assistant on or after January 1, 2015, shall include (in a form and manner specified by the Secretary) an indication that the service was furnished by a therapy assistant. . 203. Medicare ambulance services (a) Extension of certain ambulance add-on payments (1) Ground Ambulance Section 1834(l)(13)(A) of the Social Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended by striking April 1, 2014 January 1, 2019 (2) Super Rural Ambulance Section 1834(l)(12)(A) of the Social Security Act ( 42 U.S.C. 1395m(l)(12)(A) April 1, 2014 January 1, 2019 (b) Requiring ambulance providers To submit cost and other information Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) (16) Submission of cost and other information (A) Development of data collection system The Secretary shall develop a data collection system (which may include use of a cost survey and standardized definitions) for providers and suppliers of ambulance services to collect cost, revenue, utilization, and other information determined appropriate by the Secretary. Such system shall be designed to submit information— (i) needed to evaluate the appropriateness of payment rates under this subsection; (ii) on the utilization of capital equipment and ambulance capacity; and (iii) on different types of ambulance services furnished in different geographic locations, including rural areas and low population density areas described in paragraph (12). (B) Specification of data collection system (i) In general Not later than July 1, 2015, the Secretary shall— (I) specify the data collection system under subparagraph (A) and the time period during which such data is required to be submitted; and (II) identify the providers and suppliers of ambulance services who would be required to submit the information under such data collection system. (ii) Respondents Subject to subparagraph (D)(ii), the Secretary shall determine an appropriate sample of providers and suppliers of ambulance services to submit information under the data collection system for each period for which reporting of data is required. (C) Penalty for failure to report cost and other information Beginning on July 1, 2016, a 5 percent reduction to payments under this part shall be made for a 1-year prospective period specified by the Secretary to a provider or supplier of ambulance services who— (i) is identified under subparagraph (B)(i)(II) as being required to submit the information under the data collection system; and (ii) does not submit such information during the period specified under subparagraph (B)(i)(I). (D) Ongoing data collection (i) Revision of data collection system The Secretary may, as determined appropriate, periodically revise the data collection system. (ii) Subsequent data collection In order to continue to evaluate the appropriateness of payment rates under this subsection, the Secretary shall, for years after 2016 (but not less often than once every 3 years), require providers and suppliers of ambulance services to submit information for a period the Secretary determines appropriate. The penalty described in subparagraph (C) shall apply to such subsequent data collection periods. (E) Consultation The Secretary shall consult with stakeholders in carrying out the development of the system and collection of information under this paragraph, including the activities described in subparagraphs (A) and (D). Such consultation shall include the use of requests for information and other mechanisms determined appropriate by the Secretary. (F) Administration Chapter 35 (G) Limitations on review There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the data collection system or identification of respondents under this paragraph. (H) Funding for implementation For purposes of carrying out subparagraph (A), the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $1,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2014. Amounts transferred under this subparagraph shall remain available until expended. . 204. Revision of the Medicare-dependent hospital (MDH) program (a) Permanent extension of payment methodology (1) In general Section 1886(d)(5)(G) of the Social Security Act (A) in clause (i), by striking and before April 1, 2014, (B) in clause (ii)(II), by striking and before April 1, 2014, (2) Conforming amendments (A) Target amount Section 1886(b)(3)(D) of the Social Security Act (i) in the matter preceding clause (i), by striking and before April 1, 2014, (ii) in clause (iv), by striking through fiscal year 2013 and the portion of fiscal year 2014 before April 1, 2014 or a subsequent fiscal year (B) Hospital value-based purchasing program Section 1886(o)(7)(D)(ii)(I) of the Social Security Act (with respect to discharges occurring during fiscal year 2012 and 2013) (C) Hospital readmission reduction program Section 1886(q)(2)(B)(i) of the Social Security Act (with respect to discharges occurring during fiscal years 2012 and 2013) (D) Permitting hospitals to decline reclassification Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 42 U.S.C. 1395ww fiscal year 1998, fiscal year 1999, or fiscal year 2000 through the first 2 quarters of fiscal year 2014 or fiscal year 1998 or a subsequent fiscal year (b) GAO study and report on Medicare-dependent hospitals (1) Study The Comptroller General of the United States shall conduct a study on the following: (A) The payor mix of medicare-dependent, small rural hospitals (as defined in section 1886(d)(5)(G)(iv)), how such mix will trend in future years, and whether or not the requirement under subclause (IV) of such section should be revised. (B) The characteristics of medicare-dependent, small rural hospitals that meet the requirement of such subclause (IV) through the application of paragraph (a)(iii)(A) or (a)(iii)(B) of section 412.108 of the Code of Federal Regulations, including Medicare inpatient and outpatient utilization, payor mix, and financial status, including Medicare and total margins, and whether or not Medicare payments for such hospitals should be revised. (C) Such other items related to medicare-dependent, small rural hospitals as the Comptroller General determines appropriate. (2) Report Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) Implementation Notwithstanding any other provision of law, for purposes of fiscal year 2014, the Secretary of Health and Human Services may implement the provisions of, and the amendments made by, this section through program instruction or otherwise. 205. Revision of Medicare inpatient hospital payment adjustment for low-volume hospitals (a) In general Section 1886(d)(12) of the Social Security Act ( 42 U.S.C. 1395ww(d)(12) (1) in subparagraph (B)— (A) in the subparagraph heading, by inserting for fiscal years 2005 through 2010 increase (B) in the matter preceding clause (i), by striking and for discharges occurring in the portion of fiscal year 2014 beginning on April 1, 2014, fiscal year 2015, and subsequent years (2) in subparagraph (C)(i)— (A) by striking fiscal years 2011, 2012, and 2013, and the portion of fiscal year 2014 before fiscal year 2011 and subsequent fiscal years, (B) by striking or portion of fiscal year during the fiscal year (3) in subparagraph (D)— (A) in the heading, by striking Temporary applicable percentage increase Applicable percentage increase for fiscal year 2011 and subsequent fiscal years (B) by striking fiscal years 2011, 2012, and 2013, and the portion of fiscal year 2014 before April 1, 2014 fiscal year 2011 or a subsequent fiscal year (C) by striking or the portion of fiscal year in the fiscal year (b) Implementation Notwithstanding any other provision of law, for purposes of fiscal year 2014, the Secretary of Health and Human Services may implement the provisions of, and the amendments made by, this section through program instruction or otherwise. 206. Specialized Medicare Advantage plans for special needs individuals (a) Extension Section 1859(f)(1) of the Social Security Act ( 42 U.S.C. 1395w–28(f)(1) (1) by striking enrollment enrollment (A) In general Subject to subparagraphs (B) and (C), in the case ; (2) in subparagraph (A), as added by paragraph (1), by striking and for periods before January 1, 2016 (3) by adding at the end the following new subparagraphs: (B) Application to dual SNPs Subparagraph (A) shall only apply to a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) for periods before January 1, 2021. (C) Application to severe or disabling chronic condition SNPs Subparagraph (A) shall only apply to a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(iii) for periods before January 1, 2018. . (b) Increased integration of dual SNPs (1) In general Section 1859(f) of the Social Security Act ( 42 U.S.C. 1395w–28(f) (A) in paragraph (3), by adding at the end the following new subparagraph: (F) The plan meets the requirements applicable under paragraph (8). ; and (B) by adding at the end the following new paragraph: (8) Increased integration of dual SNPs (A) Designated contact The Secretary, acting through the Federal Coordinated Health Care Office (Medicare-Medicaid Coordination Office) established under section 2602 of the Patient Protection and Affordable Care Act (in this paragraph referred to as the MMCO (i) establish a uniform process for disseminating to State Medicaid agencies information under this title impacting contracts between such agencies and such plans under this subsection; and (ii) establish basic resources for States interested in exploring such plans as a platform for integration. (B) Unified grievances and appeals process (i) In general Not later than April 1, 2015, the Secretary shall establish procedures unifying the grievances and appeals procedures under sections 1852(f), 1852(g), 1902(a)(3), and 1902(a)(5) for items and services provided by specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) under this title and title XIX. The Secretary shall solicit comment in developing such procedures from States, plans, beneficiary representatives, and other relevant stakeholders. (ii) Procedures The procedures established under clause (i) shall— (I) adopt the most protective provisions for the enrollee under current law, including continuation of benefits under title XIX pending appeal if an appeal is filed in a timely manner; (II) take into account differences in State plans under title XIX; (III) be easily navigable by an enrollee; and (IV) include the elements described in clause (iii). (iii) Elements described The following elements are described in this clause: (I) Single notification of all applicable grievances and appeal rights under this title and title XIX. (II) Notices written in plain language and available in a language and format that is accessible to the enrollee. (III) Unified timeframes for internal and external grievances and appeals processes, such as an individual's filing of a grievance or appeal, a plan’s acknowledgment and resolution of a grievance or appeal, and notification of decisions with respect to a grievance or appeal. (IV) Guidelines to allow the plan to process, track, and resolve grievances and appeals, to ensure beneficiaries are notified on a timely basis of decisions that are made throughout the grievance or appeals process and are able to easily determine the status of a grievance or appeal. (C) Requirement for unified grievances and appeals (i) In general For 2016 and subsequent years, the contract of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) with a State Medicaid agency under this subsection shall require the use of unified grievances and appeals procedures as described in subparagraph (B). (ii) Consideration of application for other SNPs The Secretary shall consider applying the unified grievances and appeals process described in subparagraph (B) to specialized MA plans for special needs individuals described in subsection (b)(6)(B)(i) and subsection (b)(6)(B)(iii) that have a substantial portion of enrollees who are dually eligible for benefits under this title and title XIX and are at risk for full benefits under title XIX. (D) Requirement for full integration for certain dual SNPs (i) Requirement Subject to the succeeding provisions of this subparagraph, for 2018 and subsequent years, a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) shall— (I) integrate all benefits under this title and title XIX; and (II) meet the requirements of a fully integrated plan described in section 1853(a)(1)(B)(iv)(II) (other than the requirement that the plan have similar average levels of frailty, as determined by the Secretary, as the PACE program), including with respect to long-term care services or behavioral health services to the extent State law permits capitation of those services under such plan. (ii) Initial sanctions for failure to meet requirement for 2018 or 2019 For each of 2018 and 2019, if the Secretary determines that a plan has failed to meet the requirement described in clause (i), the Secretary shall impose one of the following on the plan: (I) A reduction in payment to the plan under this part in an amount at least equal to the portion of the monthly rebate computed under section 1854(b)(1)(C)(i) for the plan and year that would otherwise be kept by the plan after application of the beneficiary rebate rule under section 1854(b)(1)(C). (II) Closing enrollment in the plan. (III) Sanctioning the plan in accordance with section 1857(g). (IV) Other reasonable action (other than the sanction described in clause (iii)) the Secretary determines appropriate. (iii) Sanctions for failure to meet requirement for 2020 and subsequent years For 2020 and subsequent years, if the Secretary determines that a plan has failed to meet the requirement described in clause (i), the plan shall be deemed to no longer meet the definition of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii). (iv) Limitation This subparagraph shall not apply to a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) that only enrolls individuals for whom the only medical assistance to which the individuals are entitled under the State plan is medicare cost sharing described in section 1905(p)(3)(A)(ii). . (2) Conforming amendment to responsibilities of Federal Coordinated Health Care Office (MMCO) Section 2602(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1315b(d) (6) To act as a designated contact for States under subsection (f)(8)(A) of section 1859 of the Social Security Act ( 42 U.S.C. 1395w–28 . (c) Improvements to severe or disabling chronic condition SNPs Section 1859(f)(5) of the Social Security Act ( 42 U.S.C. 1395w–28(f)(5) (1) by striking all SNPs all SNPs (A) In general Subject to subparagraph (B), the requirements ; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (3) in clause (ii), as redesignated by paragraph (2), by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; and (4) by adding at the end the following new subparagraph: (B) Improvements to care management requirements for severe or disabling chronic condition SNPs For 2016 and subsequent years, in the case of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(iii), the requirements described in this paragraph include the following: (i) The interdisciplinary team under subparagraph (A)(ii)(III) includes a team of providers with demonstrated expertise, including training in an applicable specialty, in treating individuals similar to the targeted population of the plan. (ii) Requirements developed by the Secretary to provide face-to-face encounters with individuals enrolled in the plan not less frequently than on an annual basis. (iii) As part of the model of care under clause (i) of subparagraph (A), the results of the initial assessment and annual reassessment under clause (ii)(I) of such subparagraph of each individual enrolled in the plan are addressed in the individual’s individualized care plan under clause (ii)(II) of such subparagraph. (iv) As part of the annual evaluation and approval of such model of care, the Secretary shall take into account whether the plan fulfilled the previous year’s goals (as required under the model of care). (v) The Secretary shall establish a minimum benchmark for each element of the model of care of a plan. The Secretary shall only approve a plan's model of care under this paragraph if each element of the model of care meets the minimum benchmark applicable under the preceding sentence. . (d) GAO Study on Quality Improvement (1) Study The Comptroller General of the United States shall conduct a study on how the Secretary of Health and Human Services could change the quality measurement system under the Medicare Advantage program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. (2) Report Not later than July 1, 2016, the Comptroller General shall submit to Congress a report containing the results of the study under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (e) Changes to quality ratings and measurement of SNPs and determination of feasability of quality measurement at the plan level Section 1853(o) of the Social Security Act ( 42 U.S.C. 1395w–23(o) (6) Changes to quality ratings of SNPs (A) Emphasis on improvement across SNPs Subject to subparagraph (B), beginning in plan year 2016, in the case of a specialized MA plan for special needs individuals, the Secretary shall increase the emphasis on the plan’s improvement or decline in performance when determining the star rating of the plan under this subsection for the year as follows: (i) (I) For plan year 2016, at least 10 percent, but not more than 12 percent, of the total star rating of the plan shall be based on improvement or decline in performance. (II) For plan year 2017 and subsequent plan years, at least 12 percent, but not more than 15 percent, of the total star rating of the plan shall be based on improvement or decline in performance. (ii) Improvement or decline in performance under this subparagraph shall be measured based on net change in the individual star rating measures of the plan, with appropriate weight given to specific individual star ratings measures, such as readmission rates, as determined by the Secretary. (iii) The Secretary shall make an appropriate adjustment to the improvement rating of a plan under this subparagraph if the plan has achieved a 4.5-star rating or the highest rating possible overall or for an individual measure in order to ensure that the plan is not punished in cases where it is not possible to improve. (B) No application to certain plans Subparagraph (A) shall not apply, with respect to a year, to a specialized MA plan for special needs individuals that has a rating that is less than two-and-one-half stars. (C) Quality Measurement at the Plan Level (i) In general The Secretary may require reporting for and apply under this subsection quality measures at the plan level for specialized MA plan for special needs individuals instead of at the contract level. (ii) Consideration The Secretary shall take into consideration the minimum number of enrollees in a specialized MA plan for special needs individuals in order to determine if a statistically significant or valid measurement of quality at the plan level is possible under clause (i). (iii) Application If the Secretary applies quality measurement at the plan level under this subparagraph— (I) such quality measurement shall include Medicare Health Outcomes Survey (HOS), Healthcare Effectiveness Data and Information Set (HEDIS), and Consumer Assessment of Healthcare Providers and Systems (CAHPS) measures; and (II) payment and other administrative actions linked to quality measurement (including the 5-star rating system under this subsection) shall be applied at the plan level in accordance with this subparagraph. (7) Determination of feasibility of quality measurement at the plan level (A) Determination of feasibility The Secretary shall determine the feasibility of requiring reporting for and applying under this subsection quality measures at the plan level for all MA plans under this part. (B) Consideration of change After making a determination under subparagraph (A), the Secretary shall consider requiring such reporting and applying such quality measures at the plan level as described in such subparagraph. . 207. Reasonable cost reimbursement contracts (a) One-year transition and notice regarding transition Section 1876(h)(5)(C) of the Social Security Act ( 42 U.S.C. 1395mm(h)(5)(C) (1) in clause (ii), in the matter preceding subclause (I), by striking For any Subject to clause (iv), for any (2) by adding at the end the following new clauses: (iv) In the case of an eligible organization that is offering a reasonable cost reimbursement contract that may no longer be extended or renewed because of the application of clause (ii), the following shall apply: (I) Notwithstanding such clause, such contract may be extended or renewed for the two years subsequent to the previous year described in clause (ii). The second of the two years described in the preceding sentence with respect to a contract is referred to in this subsection as the last reasonable cost reimbursement contract year for the contract (II) The organization may not enroll any new enrollees under such contract during the last reasonable cost reimbursement contract year for the contract. (III) Not later than a date determined appropriate by the Secretary prior to the beginning of the last reasonable cost reimbursement contract year for the contract, the organization shall provide notice to the Secretary as to whether or not the organization will apply to have the contract converted over and offered as a Medicare Advantage plan under part C for the year following the last reasonable cost reimbursement contract year for the contract. (IV) If the organization provides the notice described in subclause (III) that the contract will be converted, the organization shall, not later than a date determined appropriate by the Secretary, provide the Secretary with such information as the Secretary determines appropriate in order to carry out sections 1851(c)(4) and 1854(a)(5), including subparagraph (C) of such section. (v) If an eligible organization that is offering a reasonable cost reimbursement contract that is extended or renewed pursuant to clause (iv) provides the notice described in clause (iv)(III) that the contract will be converted, the following provisions shall apply: (I) The deemed enrollment under section 1851(c)(4). (II) The special rule for quality increases under 1853(o)(3)(A)(iv). . (b) Deemed enrollment from reasonable cost reimbursement contracts converted to Medicare Advantage plans (1) In general Section 1851(c) of the Social Security Act ( 42 U.S.C. 1395w–21(c) (A) in paragraph (1), by striking Such elections Subject to paragraph (4), such elections (B) by adding at the end the following: (4) Deemed enrollment relating to converted reasonable cost reimbursement contracts (A) In general On the first day of the annual, coordinated election period under subsection (e)(3) for plan years beginning on or after January 1, 2017, an MA eligible individual described in clause (i) or (ii) of subparagraph (B) is deemed to have elected to receive benefits under this title through an applicable MA plan (and shall be enrolled in such plan) beginning with such plan year, if— (i) the individual is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year; (ii) such reasonable cost reimbursement contract was extended or renewed for the last reasonable cost reimbursement contract year of the contract pursuant to section 1876(h)(5)(C)(iv); (iii) the eligible organization that is offering such reasonable cost reimbursement contract provided the notice described in subclause (III) of such section that the contract was to be converted; (iv) the applicable MA plan— (I) is the plan that was converted from the reasonable cost reimbursement contract described in clause (iii); (II) is offered by the same entity (or an organization affiliated with such entity that has a common ownership interest of control) that entered into such contract; and (III) is offered in the service area where the individual resides; (v) the applicable MA plan provides benefits, premiums, and access to in-network and out-of-network providers that are comparable to the benefits, premiums, and access to in-network and out-of-network providers under such reasonable cost reimbursement contract for the previous plan year; and (vi) the applicable MA plan— (I) allows enrollees transitioning from the converted reasonable cost contract to such plan to maintain current providers and course of treatment at the time of enrollment for at least 90 days after enrollment; and (II) during such period, pays non-contracting providers for items and services furnished to the enrollee an amount that is not less than the amount of payment applicable for those items and services under the original medicare fee-for-service program under parts A and B. (B) MA eligible individuals described (i) Without prescription drug coverage An MA eligible individual described in this clause, with respect to a plan year, is an MA eligible individual who is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year and who does not, for such previous plan year, receive any prescription drug coverage under part D, including coverage under section 1860D–22. (ii) With prescription drug coverage An MA eligible individual described in this clause, with respect to a plan year, is an MA eligible individual who is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year and who, for such previous plan year, receives prescription drug coverage under part D— (I) through such contract; or (II) through a prescription drug plan, if the sponsor of such plan is the same entity (or an organization affiliated with such entity) that entered into such contract. (C) Applicable MA plan defined In this paragraph, the term applicable MA plan (i) subparagraph (B)(i), an MA plan that is not an MA–PD plan; and (ii) subparagraph (B)(ii), an MA–PD plan. (D) Identification and notification of deemed individuals Not later than 30 days before the first day of the annual, coordinated election period under subsection (e)(3) for plan years beginning on or after January 1, 2017, the Secretary shall identify and notify the individuals who will be subject to deemed elections under subparagraph (A) . (2) Beneficiary option to discontinue or change MA plan or MA–PD plan after deemed enrollment (A) In general Section 1851(e)(2) of the Social Security Act ( 42 U.S.C. 1395w–21(e)(4) (F) Special period for certain deemed elections (i) In general At any time during the period beginning after the last day of the annual, coordinated election period under paragraph (3) in which an individual is deemed to have elected to enroll in an MA plan or MA–PD plan under subsection (c)(4) and ending on the last day of February of the first plan year for which the individual is enrolled in such plan, such individual may change the election under subsection (a)(1) (including changing the MA plan or MA–PD plan in which the individual is enrolled). (ii) Limitation of one change An individual may exercise the right under clause (i) only once during the applicable period described in such clause. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under paragraph (4). . (B) Conforming amendments (i) Plan requirement for open enrollment Section 1851(e)(6)(A) of the Social Security Act ( 42 U.S.C. 1395w–21(e)(6)(A) paragraph (1), paragraph (1), during the period described in paragraph (2)(F), (ii) Part D Section 1860D–1(b)(1)(B) of such Act ( 42 U.S.C. 1395w–101(b)(1)(B) (I) in clause (ii), by adding and paragraph (4) paragraph (3)(A) (II) in clause (iii) by striking and (E) (E), and (F) (3) Treatment of ESRD for deemed enrollment Section 1851(a)(3)(B) of the Social Security Act ( 42 U.S.C. 1395w–21(a)(3)(B) An individual who develops end-stage renal disease while enrolled in a reasonable cost reimbursement contract under section 1876(h) shall be treated as an MA eligible individual for purposes of applying the deemed enrollment under subsection (c)(4). . (c) Information requirements Section 1851(d)(2)(B) of the Social Security Act ( 42 U.S.C. 1395w–21(d)(2)(B) (1) by striking the subparagraph heading and inserting the following: (i) (2) by adding at the end the following: (ii) Notification related to certain deemed elections The Secretary shall require the converting cost plan to mail, not later than 15 days prior to the first day of the annual, coordinated election period under subsection (e)(3) of a year, to any individual identified by the Secretary under subsection (c)(4)(D) for such year— (I) a notification that such individual will, on such day, be deemed to have made an election to receive benefits under this title through an MA plan or MA–PD plan (and shall be enrolled in such plan) for the next plan year under subsection (c)(4)(A), but that the individual may make a different election during the annual, coordinated election period for such year; (II) the information described in subparagraph (A); (III) a description of the differences between such MA plan or MA–PD plan and the reasonable cost reimbursement contract in which the individual was most recently enrolled with respect to benefits covered under such plans, including cost-sharing, premiums, drug coverage, and provider networks; (IV) information about the special period for elections under subsection (e)(2)(F); and (V) other information the Secretary may specify . (d) Treatment of transition plan for quality rating for payment purposes Section 1853(o)(4) of the Social Security Act ( 42 U.S.C. 1395w–23(o)(4) (C) Special rule for first 3 plan years for plans that were converted from a reasonable cost reimbursement contract For purposes of applying paragraph (1) and section 1854(b)(1)(C) for the first 3 plan years under this part in the case of an MA plan to which deemed enrollment applies under section 1851(c)(4)— (i) such plan shall not be treated as a new plan (as defined in paragraph (3)(A)(iii)(II)); and (ii) in determining the star rating of the plan under subparagraph (A), to the extent that Medicare Advantage data for such plan is not available for a measure used to determine such star rating, the Secretary shall use data from the period in which such plan was a reasonable cost reimbursement contract. . 208. Quality measure endorsement and selection (a) Contract with an entity regarding input on the selection of measures (1) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (A) by redesignating section 1890A as section 1890B; and (B) by inserting after section 1890 the following new section: 1890A Contract with an entity regarding input on the selection of measures (a) Contract (1) In general For purposes of activities conducted under this Act, the Secretary shall identify and have in effect a contract with an entity that meets the requirements described in subsection (c). Such contract shall provide that the entity will perform the duties described in subsection (b). (2) Timing for first contract The first contract under paragraph (1) shall begin on, or as soon as practicable after, October 1, 2014. (3) Period of contract A contract under paragraph (1) shall be for a period of 3 years (except as may be renewed after a subsequent bidding process). (4) Competitive procedures Competitive procedures (as defined in section 4(5) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(5) (b) Duties The duties described in this subsection are the following: (c) Requirements described The requirements described in this subsection are the following: (1) Private nonprofit, board membership, membership fees, and not a measure developer The requirements described in paragraphs (1), (2), (7), and (8) of section 1890(c). (2) Experience The entity has at least 4 years of experience working with quality and efficiency measures. . (2) Duties of entity (A) Transfer of priority setting process Paragraph (1) of section 1890(b) of the Social Security Act ( 42 U.S.C. 1395aaa(b) (B) Transfer of multi-stakeholder process Paragraphs (7) and (8) of such section 1890(b) are redesignated as paragraphs (2) and (3), respectively, of section 1890A(b) of such Act, as added by paragraph (1) and amended by subparagraph (A). (C) Additional duties Section 1890A(b) of such Act, as added by paragraph (1) and amended by subparagraphs (A) and (B), is amended by adding at the end the following new paragraphs: (4) Facilitation to better coordinate and align public and private sector use of quality measures (A) In general The entity shall facilitate increased coordination and alignment between the public and private sector with respect to quality and efficiency measures. (B) Reports The entity shall prepare and make available to the public annual reports on its findings under this paragraph. Such public availability shall include posting each report on the Internet website of the entity. (5) Gap analysis The entity shall conduct an ongoing analysis of— (A) gaps in endorsed quality and efficiency measures, which shall include measures that are within priority areas identified by the Secretary under the national strategy established under section 399HH of the Public Health Service Act; and (B) areas where quality measures are unavailable or inadequate to identify or address such gaps. (6) Annual report to congress and the Secretary; Secretarial publication and comment (A) Annual report By not later than June 1 of each year, the entity shall submit to Congress and the Secretary a report containing— (i) a description of— (I) the recommendations made under paragraph (1); (II) the matters described in clauses (i) and (ii) of paragraph (2)(A); (III) the results of the analysis under paragraph (5); and (IV) the performance by the entity of the duties required under the contract entered into with the Secretary under subsection (a); and (ii) any other items determined appropriate by the Secretary. (B) Secretarial review and publication of annual report Not later than 6 months after receiving a report under subparagraph (A), the Secretary shall— (i) review such report; and (ii) publish such report in the Federal Register, together with any comments of the Secretary on such report. . (D) Additional amendments Section 1890A(b) of such Act, as so added and amended, is amended— (i) in paragraph (2)— (I) in subparagraph (A)(i)— (aa) in subclause (I), by inserting with a contract under section 1890 entity (bb) in subclause (II), by striking such entity the entity with a contract under section 1890 (II) in the heading of subparagraph (B) by inserting and efficiency Quality (III) in subparagraph (B)(i)(III), by striking this Act this title (IV) by adding at the end the following new subparagraphs: (E) Input In providing the input described in subparagraph (A), the multi-stakeholder groups— (i) shall include a detailed description of the rationale for each recommendation made by the multi-stakeholder group, including in areas relating to— (I) the expected impact that implementing the measure will have on individuals; (II) the burden on providers of services and suppliers; (III) the expected influence over the behavior of providers of services and suppliers; (IV) the applicability of a measure for more than one setting or program; and (V) other areas determined in consultation with the Secretary; and (ii) may consider whether it is appropriate to provide separate recommendations with respect to measures for internal use, public reporting, and payment provisions. (F) Equal representation In convening multi-stakeholder groups pursuant to this paragraph, the entity shall, to the extent feasible, make every effort to ensure such groups are balanced across stakeholders. ; and (ii) in paragraph (3), by striking Not later Not later than the applicable dates described in section 1890B(a)(3) of each year (or, as applicable, the timeframe described in section 1890B(a)(4)), the entity shall transmit to the Secretary the input of the multi-stakeholder groups under paragraph (2). (b) Revisions to contract with consensus-based entity (1) Contract Section 1890(a) of the Social Security Act (42 U.S.C. 1395aaa(a)) is amended— (A) in paragraph (1), by striking , such as the National Quality Forum, (B) in paragraph (3), by striking 4 years 3 years (2) Duties Section 1890(b) of the Social Security Act (42 U.S.C. 1395aaa(b)), as amended by subsection (a)(2), is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (B) in paragraph (2), as redesignated by subparagraph (A), by striking paragraph (2) paragraph (1) (C) by striking paragraphs (5) and (6); and (D) by adding at the end the following new paragraphs: (3) Facilitation to better coordinate and align public and private sector use of quality measures (A) In general The entity shall facilitate increased coordination and alignment between the public and private sector with respect to quality and efficiency measures. (B) Reports The entity shall prepare and make available to the public annual reports on its findings under this paragraph. Such public availability shall include posting each report on the Internet website of the entity. (4) Annual report to congress and the Secretary; secretarial publication and comment (A) Annual report By not later than March 1 of each year, the entity shall submit to Congress and the Secretary a report containing— (i) a description of— (I) the coordination of quality initiatives under this title and titles XIX and XXI with quality initiatives implemented by other payers; (II) areas in which evidence is insufficient to support endorsement of quality measures in priority areas identified by the Secretary under the national strategy established under section 399HH of the Public Health Service Act and where targeted research may address such gaps; and (III) the performance by the entity of the duties required under the contract entered into with the Secretary under subsection (a); and (ii) any other items determined appropriate by the Secretary. (B) Secretarial review and publication of annual report Not later than 6 months after receiving a report under subparagraph (A), the Secretary shall— (i) review such report; and (ii) publish such report in the Federal Register, together with any comments of the Secretary on such report. . (3) Requirements Section 1890(c) of the Social Security Act (42 U.S.C. 1395aaa(c)) is amended by adding at the end the following new paragraph: (8) Not a measure developer The entity is not a measure developer. . (c) Revisions to duties of the Secretary regarding use of measures (1) In general Section 1890B(a) of the Social Security Act (42 U.S.C. 1395aaa–1(a)), as redesignated by subsection (a)(1)(A), is amended— (A) by striking section 1890(b)(7)(B) section 1890A(b)(2)(B) (B) in paragraph (1)— (i) by striking section 1890(b)(7) section 1890A(b)(2) (ii) by striking section 1890 section 1890A (C) by striking paragraphs (2) and (3) and inserting the following: (2) Public availability of measures considered for selection Subject to paragraph (4), not later than October 1 or December 31 of each year (or as soon as practicable after such dates for the first year of the contract), the Secretary shall make available to the public a list of quality and efficiency measures described in section 1890A(b)(2)(B) that the Secretary is considering under this title. The Secretary shall provide for an appropriate balance of the number of measures to be made available by each such date in a year. (3) Transmission of multi-stakeholder input (A) In general Subject to paragraph (4), not later than the applicable date described in subparagraph (B) of each year, the entity with a contract under section 1890A shall, pursuant to subsection (b)(3) of such section, transmit to the Secretary the input of multi-stakeholder groups described in paragraph (1). (B) Applicable date described The applicable date described in this subparagraph for a year is— (i) February 1 (or as soon as practicable after such date for the first year of the contract) with respect to quality and efficiency measures made available under paragraph (2) by October 1 of the preceding year; and (ii) April 1 (or as soon as practicable after such dates for the first year of the contract) with respect to quality and efficiency measures made available under paragraph (2) by December 31 of the preceding year. ; (D) by redesignating— (i) paragraph (6) as paragraph (8); and (ii) paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (E) by inserting after paragraph (3) the following new paragraph: (4) Limited process for additional multi-stakeholder input In addition to the Secretary making measures publically available pursuant to the dates described in paragraph (2) and multi-stakeholder groups transmitting the input pursuant to the applicable dates described in paragraph (3)— (A) the Secretary may, at times that do not meet the time requirements described in paragraph (2), make available to the public a limited number of quality and efficiency measures described in section 1890A(b)(2) that the Secretary is considering under this title; and (B) if the Secretary uses the authority under subparagraph (A), the entity with a contract under section 1890A shall, pursuant to section 1890A(b)(3), transmit to the Secretary on a timely basis the input from a multi-stakeholder group described in paragraph (1) with respect to such measures. ; (F) in paragraph (6), as redesignated by subparagraph (D)(ii), by inserting or that has not been recommended by the multi-stakeholder group under section 1890A(b)(2) (G) by inserting after paragraph (6) the following new paragraph: (7) Concordance rates For each year (beginning with 2015), the Secretary shall include a list of concordance rates with respect to the input provided under section 1890A(b)(2)(A) for those new measures adopted for each type of provider of services and supplier in the annual final rule applicable to such type of provider or supplier. . (2) Review Section 1890B(c) of the Social Security Act (42 U.S.C. 1395aaa–1(c)), as redesignated by subsection (a)(1)(A), is amended— (A) in paragraph (1)(A), by striking section 1890(b)(7)(B) section 1890A(b)(2)(B) (B) in paragraph (2)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B), by striking the period at the end and inserting ; and (iii) by adding at the end the following new subparagraph: (C) take into consideration the benefits of the alignment of measures between the public and private sector. . (d) Funding for quality measure endorsement, input, and selection (1) Fiscal year 2014 In addition to amounts transferred under section 3014(c) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (2) Fiscal years 2015 through 2017 Section 1890B of the Social Security Act (42 U.S.C. 1395aaa–1), as redesignated by subsection (a)(1)(A), is amended by adding at the end the following new subsection: (g) Funding (1) In general For purposes of carrying out this section (other than subsections (e) and (f)) and sections 1890 and 1890A, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841, in such proportion as the Secretary determines appropriate, to the Centers for Medicare & Medicaid Services Program Management Account of $25,000,000 for each of fiscal years 2015 through 2017. (2) Availability Amounts transferred under paragraph (1) shall remain available until expended. . (3) Conforming amendment Subsection (d) of section 1890 of the Social Security Act (42 U.S.C. 1395aaa) is repealed. (e) Conforming amendments (1) Section 1848(m)(3)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E)(iii) section 1890(b)(7) and 1890A(a) section 1890A(b)(2) and 1890B(a) (2) Section 1866D(b)(2)(C) of the Social Security Act ( 42 U.S.C. 1395cc–4(b)(2)(C) section 1890 and 1890A sections 1890, 1890A, and 1890B (3) Section 1899A(n)(2)(A) of the Social Security Act ( 42 U.S.C. 1395cc–4(n)(2)(A) section 1890(b)(7)(B) section 1890A(b)(2)(B) (f) Effective date (1) In general The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to contract periods under sections 1890 and 1890A of the Social Security Act that begin on or after such date. (2) New contracts The Secretary of Health and Human Services shall enter into a new contract under both sections 1890 and 1890A of the Social Security Act, as amended by this Act, for a contract period beginning on, or as soon as practicable after, October 1, 2014. 209. Permanent extension of funding outreach and assistance for low-income programs (a) Additional funding for State health insurance programs Subsection (a)(1)(B)(iv) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 ( 42 U.S.C. 1395b–3 Public Law 111–148 Public Law 113–67 (iv) for fiscal year 2014 and for each subsequent fiscal year, $7,500,000. . (b) Additional funding for area agencies on aging Subsection (b)(1)(B)(iv) of such section 119, as so amended, is amended to read as follows: (iv) for fiscal year 2014 and for each subsequent fiscal year, $7,500,000. . (c) Additional funding for aging and disability resource centers Subsection (c)(1)(B)(iv) of such section 119, as so amended, is amended to read as follows: (iv) for fiscal year 2014 and for each subsequent fiscal year, $5,000,000. . (d) Additional funding for contract with the national center for benefits and outreach enrollment Subsection (d)(2)(iv) of such section 119, as so amended, is amended to read as follows: (iv) for fiscal year 2014 and for each subsequent fiscal year, $5,000,000. . B Medicaid and Other Extensions 211. Qualifying individual program (a) Extension Section 1902(a)(10)(E)(iv) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(E)(iv) March 2104 December 2018 (b) Eliminating limitations on eligibility Section 1933 of the Social Security Act ( 42 U.S.C. 1396u–3 (c) Eliminating allocations Section 1933 of the Social Security Act ( 42 U.S.C. 1396u–3 (d) Conforming amendments (1) In general Section 1933 of the Social Security Act ( 42 U.S.C. 1396u–3 (A) by striking subsection (a) and inserting the following new subsection: (a) Applicable FMAP With respect to assistance described in section 1902(a)(10)(E)(iv) furnished in a State, the Federal medical assistance percentage shall be equal to 100 percent. ; (B) by striking subsection (d); and (C) by redesignating subsection (f) as subsection (b). (2) Definition of FMAP Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) section 1933(d) section 1933(a) (e) Effective date The amendments made by this section shall take effect on April 1, 2014, and shall apply with respect to calendar quarters beginning on or after such date. 212. Transitional Medical Assistance (a) Extension Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act ( 42 U.S.C. 1396a(e)(1)(B) March 31, 2014 December 31, 2018 (b) Opt-out option for States that expand adult coverage and provide 12-month continuous eligibility under Medicaid and CHIP (1) In general Section 1925 of the Social Security Act ( 42 U.S.C. 1396r–6 (A) in subsection (a)— (i) in paragraph (1)(A), by striking paragraph (5) paragraphs (5) and (6) (ii) by adding at the end the following: (6) Opt-out option for States that expand adult coverage and provide 12-month continuous eligibility under Medicaid and CHIP (A) In general In the case of a State described in subparagraph (B), the State may elect through a State plan amendment to have this section and sections 408(a)(11)(A), 1902(a)(52), 1902(e)(1), and 1931(c)(2) not apply to the State. (B) State described A State is described in this subparagraph if the State is one of the 50 States or the District of Columbia and— (i) has elected to provide medical assistance to individuals under subclause (VIII) of section 1902(a)(10)(A)(i); (ii) has elected under section 1902(e)(12)(A) the option to provide continuous eligibility for a 12-month period for individuals under 19 years of age; (iii) has elected under section 1902(e)(12)(B) the option to provide continuous eligibility for a 12-month period for all categories of individuals described in that section; and (iv) has elected to apply section 1902(e)(12)(A) to the State child health plan under title XXI. ; and (B) in subsection (b)(1), by striking subsection (a)(5) paragraphs (5) and (6) of subsection (a) (2) Conforming amendment to 4-month requirement Section 1902(e)(1) of the Social Security Act ( 42 U.S.C. 1396a(e)(1) (A) in subparagraph (B), by striking Subparagraph (A) Subject to subparagraph (C), subparagraph (A) (B) by adding at the end the following: (C) If a State has made an election under section 1925(a)(6), subparagraph (A) and section 1925 shall not apply to the State. . (c) Extension of 12-month continuous eligibility option to certain adult enrollees under Medicaid; clarification of application to CHIP (1) In general Section 1902(e)(12) of the Social Security Act ( 42 U.S.C. 1396a(e)(12) (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) by inserting (A) (12) (C) by adding at the end the following: (B) At the option of the State, the plan may provide that an individual who is determined to be eligible for benefits under a State plan approved under this title under any of the following eligibility categories, or who is redetermined to be eligible for such benefits under any of such categories, shall be considered to meet the eligibility requirements met on the date of application and shall remain eligible for those benefits until the end of the 12–month period following the date of the determination or redetermination of eligibility: (i) Section 1902(a)(10)(A)(i)(VIII). (ii) Section 1931. . (2) Application to CHIP Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) (A) by redesignating subparagraphs (E) through (O) as subparagraphs (F) through (P), respectively; and (B) by inserting after subparagraph (D), the following: (E) Section 1902(e)(12)(A) (relating to the State option for 12-month continuous eligibility and enrollment). . (d) Conforming and technical amendments relating to section 1931 transitional coverage requirements (1) In general Section 1931(c) of the Social Security Act ( 42 U.S.C. 1396u–1(c) (A) in paragraph (1)— (i) in the paragraph heading, by striking child spousal (ii) by striking The provisions Subject to paragraph (3), the provisions (iii) by striking child or (B) in paragraph (2), by striking For continued Subject to paragraph (3), for continued (C) by adding at the end the following: (3) Opt-out option for States that expand adult coverage and provide 12-month continuous eligibility under Medicaid and CHIP (A) In general In the case of a State described in subparagraph (B), the State may elect through a State plan amendment to have paragraphs (1) and (2) of this subsection and sections 408(a)(11), 1902(a)(52), 1902(e)(1), and 1925 not apply to the State. (B) State described A State is described in this subparagraph if the State is one of the 50 States or the District of Columbia and— (i) has elected to provide medical assistance to individuals under subclause (VIII) of section 1902(a)(10)(A)(i); (ii) has elected under section 1902(e)(12)(A) the option to provide continuous eligibility for a 12-month period for individuals under 19 years of age; (iii) has elected under section 1902(e)(12)(B) the option to provide continuous eligibility for a 12-month period for all categories of individuals described in that section; and (iv) has elected to apply section 1902(e)(12)(A) to the State child health plan under title XXI. . (2) Conforming amendment to section 408 Section 408(a)(11) of the Social Security Act ( 42 U.S.C. 608(a)(11) (A) in the paragraph heading, by striking child spousal (B) in subparagraph (B)— (i) in the subparagraph heading, by striking Child Spousal (ii) by striking child or (e) Conforming amendment relating to maintenance of effort for children Section 1902(gg)(4) of the Social Security Act ( 42 U.S.C. 1396a(gg)(4) (C) States that expand adult coverage and elect to opt-out of transitional coverage (i) In general For purposes of determining compliance with the requirements of paragraph (2), a State which exercises the option under sections 1925(a)(6) and 1931(c)(3) to provide no transitional medical assistance or other extended eligibility (as applicable) shall not, as a result of exercising such option, be considered to have in effect eligibility standards, methodologies, or procedures described in clause (ii) that are more restrictive than the standards, methodologies, or procedures in effect under the State plan or under a waiver of the plan on the date of enactment of the Patient Protection and Affordable Care Act. (ii) Standards, methodologies, or procedures described The eligibility standards, methodologies, or procedures described in this clause are those standards, methodologies, or procedures applicable to determining the eligibility for medical assistance of any child under 19 years of age (or such higher age as the State may have elected). . (f) Effective date The amendments made by this section shall take effect on April 1, 2014. 213. Express lane eligibility Section 1902(e)(13)(I) of the Social Security Act ( 42 U.S.C. 1396a(e)(13)(I) September 30, 2014 September 30, 2015 214. Pediatric quality measures (a) Continuation of funding for pediatric quality measures for improving the quality of children's health care Section 1139B(e) of the Social Security Act (42 U.S.C. 1320b–9b(e)) is amended by adding at the end the following: Of the funds appropriated under this subsection, not less than $15,000,000 shall be used to carry out section 1139A(b). (b) Elimination of restriction on medicaid quality measurement program Section 1139B(b)(5)(A) of the Social Security Act (42 U.S.C. 1320b–9b(b)(5)(A)) is amended by striking The aggregate amount awarded by the Secretary for grants and contracts for the development, testing, and validation of emerging and innovative evidence-based measures under such program shall equal the aggregate amount awarded by the Secretary for grants under section 1139A(b)(4)(A) 215. Special diabetes programs (a) Special diabetes programs for type I Section 330B(b)(2)(C) of the Public Health Service Act ( 42 U.S.C. 254c–2(b)(2)(C) 2014 2019 (b) Special diabetes programs for indians Section 330C(c)(2)(C) of the Public Health Service Act ( 42 U.S.C. 254c–3(c)(2)(C) 2014 2019 C Human Services Extensions 221. Abstinence education grants (a) In general Section 510 of the Social Security Act ( 42 U.S.C. 710 (1) in subsection (a), in the matter preceding paragraph (1), by striking 2010 through 2014 2015 through 2019 (2) in subsection (d)— (A) by striking 2010 through 2014 2015 through 2019 (B) by striking the second sentence. (b) Effective date The amendments made by this section shall take effect on October 1, 2014. 222. Personal responsibility education program (a) In general Section 513 of the Social Security Act ( 42 U.S.C. 713 (1) in subsection (a)— (A) in paragraph (1)(A), by striking 2010 through 2014 2015 through 2019 (B) in paragraph (4)— (i) in subparagraph (A)— (I) by striking 2010 or 2011 2015 or 2016 (II) by striking 2010 through 2014 2015 through 2019 (III) by striking 2012 through 2014 2017 through 2019 (ii) in subparagraph (B)(i)— (I) by striking 2012, 2013, and 2014 2017, 2018, and 2019 (II) by striking 2010 or 2011 2015 or 2016 (C) in paragraph (5), by striking 2009 2014 (2) in subsection (b)(2)(A), in the matter preceding clause (i), by inserting and youth at risk of becoming victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) 22 U.S.C. 7102(9)(A) adolescents (3) in subsection(c)(1), by inserting youth at risk of becoming victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) 22 U.S.C. 7102(9)(A) youth in foster care, (4) in subsection (f), by striking 2010 through 2014 2015 through 2019 (b) Effective date The amendments made by this section shall take effect on October 1, 2014. 223. Family-to-family health information centers (a) In general Section 501(c) of the Social Security Act ( 42 U.S.C. 701(c) (1) in paragraph (1)(A), by striking clause (iv) and inserting the following: (iv) $6,000,000 for each of fiscal years 2014 through 2018. ; and (2) by striking paragraph (5). (b) Prevention of duplicate appropriations for fiscal year 2014 Expenditures made for fiscal year 2014 pursuant to section 501(c)(iv) of the Social Security Act (42 U.S.C. 701(c)(iv)), as amended by section 1203 of division B of the Bipartisan Budget Act of 2013 ( Public Law 113–67 224. Health workforce demonstration project for low-income individuals Section 2008(c)(1) of the Social Security Act ( 42 U.S.C. 1397g(c)(1) through 2014 2012, and only to carry out subsection (a), $85,000,000 for each of fiscal years 2013 through 2016 III Medicare and Medicaid program integrity 301. Reducing improper Medicare payments (a) Medicare administrative contractor improper payment outreach and education program (1) In general Section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 (A) in subsection (a)(4)— (i) by redesignating subparagraph (G) as subparagraph (H); and (ii) by inserting after subparagraph (F) the following new subparagraph: (G) Improper payment outreach and education program Having in place an improper payment outreach and education program described in subsection (h). ; and (B) by adding at the end the following new subsection: (h) Improper payment outreach and education program (1) In general In order to reduce improper payments under this title, each medicare administrative contractor shall establish and have in place an improper payment outreach and education program under which the contractor, through outreach, education, training, and technical assistance activities, shall provide providers of services and suppliers located in the region covered by the contract under this section with the information described in paragraph (3). The activities described in the preceding sentence shall be conducted on a regular basis. (2) Forms of outreach, education, training, and technical assistance activities The outreach, education, training, and technical assistance activities under a payment outreach and education program shall be carried out through any of the following: (A) Emails and other electronic communications. (B) Webinars. (C) Telephone calls. (D) In-person training. (E) Other forms of communications determined appropriate by the Secretary. (3) Information to be provided through activities The information to be provided to providers of services and suppliers under a payment outreach and education program shall include all of the following information: (A) A list of the provider’s or supplier's most frequent and expensive payment errors over the last quarter. (B) Specific instructions regarding how to correct or avoid such errors in the future. (C) A notice of all new topics that have been approved by the Secretary for audits conducted by recovery audit contractors under section 1893(h). (D) Specific instructions to prevent future issues related to such new audits. (E) Other information determined appropriate by the Secretary. (4) Error rate reduction training (A) In general The activities under a payment outreach and education program shall include error rate reduction training. (B) Requirements (i) In general The training described in subparagraph (A) shall— (I) be provided at least annually; and (II) focus on reducing the improper payments described in paragraph (5). (C) Invitation A medicare administrative contractor shall ensure that all providers of services and suppliers located in the region covered by the contract under this section are invited to attend the training described in subparagraph (A) either in person or online. (5) Priority A medicare administrative contractor shall give priority to activities under the improper payment outreach and education program that will reduce improper payments for items and services that— (A) have the highest rate of improper payment; (B) have the greatest total dollar amount of improper payments; (C) are due to clear misapplication or misinterpretation of Medicare policies; (D) are clearly due to common and inadvertent clerical or administrative errors; or (E) are due to other types of errors that the Secretary determines could be prevented through activities under the program. (6) Information on improper payments from recovery audit contractors (A) In general In order to assist medicare administrative contractors in carrying out improper payment outreach and education programs, the Secretary shall provide each contractor with a complete list of improper payments identified by recovery audit contractors under section 1893(h) with respect to providers of services and suppliers located in the region covered by the contract under this section. Such information shall be provided on a quarterly basis. (B) Information The information described in subparagraph (A) shall include the following information: (i) The providers of services and suppliers that have the highest rate of improper payments. (ii) The providers of services and suppliers that have the greatest total dollar amounts of improper payments. (iii) The items and services furnished in the region that have the highest rates of improper payments. (iv) The items and services furnished in the region that are responsible for the greatest total dollar amount of improper payments. (v) Other information the Secretary determines would assist the contractor in carrying out the improper payment outreach and education program. (C) Format of information The information furnished to medicare administrative contractors by the Secretary under this paragraph shall be transmitted in a manner that permits the contractor to easily identify the areas of the Medicare program in which targeted outreach, education, training, and technical assistance would be most effective. In carrying out the preceding sentence, the Secretary shall ensure that— (i) the information with respect to improper payments made to a provider of services or supplier clearly displays the name and address of the provider or supplier, the amount of the improper payment, and any other information the Secretary determines appropriate; and (ii) the information is in an electronic, easily searchable database. (7) Communications All communications with providers of services and suppliers under a payment outreach and education program are subject to the standards and requirements of subsection (g). (8) Funding After application of paragraph (1)(C) of section 1893(h), the Secretary shall retain a portion of the amounts recovered by recovery audit contractors under such section which shall be available to the program management account of the Centers for Medicare & Medicaid Services for purposes of carrying out this subsection and to implement corrective actions to help reduce the error rate of payments under this title. The amount retained under the preceding sentence shall not exceed an amount equal to 25 percent of the amounts recovered under section 1893(h). . (2) Funding conforming amendment Section 1893(h)(2) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(2) or section 1874(h)(8) paragraph (1)(C) (3) Effective date The amendments made by this subsection take effect on January 1, 2015. (b) Transparency Section 1893(h)(8) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(8) (1) by striking report report (A) In general The Secretary ; and (2) by adding at the end the following new subparagraph: (B) Inclusion of certain information (i) In general For reports submitted under this paragraph for 2015 or a subsequent year, each such report shall include the information described in clause (ii) with respect to each of the following categories of audits carried out by recovery audit contractors under this subsection: (I) Automated. (II) Complex. (III) Medical necessity review. (IV) Part A. (V) Part B. (VI) Durable medical equipment. (ii) Information described For purposes of clause (i), the information described in this clause, with respect to a category of audit described in clause (i), is the result of all appeals for each individual level of appeals in such category. . (c) Recovery Audit Contractor Demonstration Project (1) In general The Secretary shall conduct a demonstration project under title XVIII of the Social Security Act that— (A) targets audits by recovery audit contractors under section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)) with respect to high error providers of services and suppliers identified under paragraph (3); and (B) rewards low error providers of services and suppliers identified under such paragraph. (2) Scope (A) Duration The demonstration project shall be implemented not later than January 1, 2015, and shall be conducted for a period of three years. (B) Demonstration area In determining the geographic area of the demonstration project, the Secretary shall consider the following: (i) The total number of providers of services and suppliers in the region. (ii) The diversity of types of providers of services and suppliers in the region. (iii) The level and variation of improper payment rates of and among individual providers of services and suppliers in the region. (iv) The inclusion of a mix of both urban and rural areas. (3) Identification of low error and high error providers of services and suppliers (A) In general In conducting the demonstration project, the Secretary shall identify the following two groups of providers in accordance with this paragraph: (i) Low error providers of services and suppliers. (ii) High error providers of services and suppliers. (B) Analysis For purposes of identifying the groups under subparagraph (A), the Secretary shall analyze the following as they relate to the total number and amount of claims submitted in the area and by each provider: (i) The improper payment rates of individual providers of services and suppliers. (ii) The amount of improper payments made to individual providers of services and suppliers. (iii) The frequency of errors made by the provider of services or supplier over time. (iv) Other information determined appropriate by the Secretary. (C) Assignment based on composite score The Secretary shall assign selected providers of services and suppliers under the demonstration program based on a composite score determined using the analysis under subparagraph (B) as follows: (i) Providers of services and suppliers with high, expensive, and frequent errors shall receive a high score and be identified as high error providers of services and suppliers under subparagraph (A). (ii) Providers of services and suppliers with few, inexpensive, and infrequent errors shall receive a low score and be identified as low error providers of services and suppliers under such subparagraph. (iii) Only a small proportion of the total providers of services and suppliers and individual types of providers of services and suppliers in the geographic area of the demonstration project shall be assigned to either group identified under such subparagraph. (D) Timeframe of identification (i) In general Any identification of a provider of services or a supplier under subparagraph (A) shall be for a period of 12 months. (ii) Reevaluation The Secretary shall reevaluate each such identification at the end of such period. (iii) Use of most current information In carrying out the reevaluation under clause (ii) with respect to a provider of services or supplier, the Secretary shall— (I) consider the most current information available with respect to the provider of services or supplier under the analysis under subparagraph (B); and (II) take into account improvement or regression of the provider of services or supplier. (4) Adjustment of record request maximum Under the demonstration project, the Secretary shall establish procedures to— (A) increase the maximum record request made by recovery audit contractors to providers of services and suppliers identified as high error providers of services and suppliers under paragraph (3); and (B) decrease the maximum record request made by recovery audit contractors to providers of services and suppliers identified as low error providers of services and supplier under such paragraph. (5) Additional adjustments (A) In general Under the demonstration project, the Secretary may make additional adjustments to requirements for recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) (B) Limitation The Secretary shall not exempt any group of providers of services or suppliers in the demonstration project from being subject to audit by a recovery audit contractor under such section 1893(h). (6) Evaluation and report (A) Evaluation The Inspector General of the Department of Health and Human Services shall conduct an evaluation of the demonstration project under this subsection. The evaluation shall include an analysis of— (i) the error rates of providers of services and suppliers— (I) identified under paragraph (3) as low error providers of services and suppliers; (II) identified under such paragraph as high error providers of services and suppliers; and (III) that are located in the geographic area of the demonstration project and are not identified as either a low error or high error provider of services or supplier under such paragraph; and (ii) any improvements in the error rates of those high error providers of services and suppliers identified under such paragraph. (B) Report Not later than 12 months after completion of the demonstration project, the Inspector General shall submit to Congress a report containing the results of the evaluation conducted under subparagraph (A), together with recommendations on whether the demonstration project should be continued or expanded, including on a permanent or nationwide basis. (7) Funding (A) Funding for implementation For purposes of carrying out the demonstration project under this subsection (other than the evaluation and report under paragraph (6)), the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 ( 42 U.S.C. 1395i 42 U.S.C. 1395t (B) Funding for Inspector General evaluation and report For purposes of carrying out the evaluation and report under paragraph (6), the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under such section 1817 and the Federal Supplementary Medical Insurance Trust Fund under such section 1841, in such proportion as the Secretary determines appropriate, of $245,000 to the Inspector General of the Department of Health and Human Services. (C) Availability Amounts transferred under subparagraph (A) or (B) shall remain available until expended. (8) Definitions In this section: (A) Demonstration project The term demonstration project (B) Provider of services The term provider of services (C) Recovery audit contractor The term recovery audit contractor (D) Secretary The term Secretary (E) Supplier The term supplier 302. Authority for Medicaid fraud control units to investigate and prosecute complaints of abuse and neglect of Medicaid patients in home and community-based settings (a) In general Section 1903(q)(4)(A) of the Social Security Act ( 42 U.S.C. 1396b(q)(4)(A) (4) (A) The entity’s function includes a statewide program for the— (i) investigation and prosecution, or referral for prosecution or other action, of complaints of abuse or neglect of patients in health care facilities which receive payments under the State plan under this title or under a waiver of such plan; (ii) at the option of the entity, investigation and prosecution, or referral for prosecution or other action, of complaints of abuse or neglect of individuals in connection with any aspect of the provision of medical assistance and the activities of providers of such assistance in a home or community based setting that is paid for under the State plan under this title or under a waiver of such plan; and (iii) at the option of the entity, investigation and prosecution, or referral for prosecution or other action, of complaints of abuse or neglect of patients residing in board and care facilities. . (b) Effective date The amendment made by subsection (a) shall take effect on January 1, 2015. 303. Improved use of funds received by the HHS Inspector General from oversight and investigative activities (a) In general Section 1128C(b) of the Social Security Act (42 U.S.C. 1320a–7c(b)) is amended to read as follows: (b) Additional use of funds by Inspector General (1) Collections from Medicare and Medicaid recovery actions Notwithstanding section 3302 (2) Crediting Funds received by the Inspector General under paragraph (1) shall be deposited as offsetting collections to the credit of any appropriation available for oversight and enforcement activities of the Inspector General permitted under subsection (a), and shall remain available until expended. . (b) Effective date The amendment made by subsection (a) shall apply to funds received from settlements finalized, judgments entered, or final agency decisions issued, on or after the date of the enactment of this Act. 304. Preventing and reducing improper Medicare and Medicaid expenditures (a) Requiring valid prescriber National Provider Identifiers on pharmacy claims Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) (4) Requiring valid prescriber National Provider Identifiers on pharmacy claims (A) In general For plan year 2015 and subsequent plan years, subject to subparagraph (B), the Secretary shall prohibit PDP sponsors of prescription drug plans from paying claims for prescription drugs under this part that do not include a valid prescriber National Provider Identifier. (B) Procedures The Secretary shall establish procedures for determining the validity of prescriber National Provider Identifiers under subparagraph (A). (C) Report Not later than January 1, 2017, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the effectiveness of the procedures established under subparagraph (B). . (b) Reforming how CMS tracks and corrects the vulnerabilities identified by Recovery Audit Contractors Section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) (1) in paragraph (8), as amended by section 301, by adding at the end the following new subparagraphs: (C) Inclusion of improper payment vulnerabilities identified For reports submitted under this paragraph for 2015 or a subsequent year, each such report shall include— (i) a description of— (I) the types and financial cost to the program under this title of improper payment vulnerabilities identified by recovery audit contractors under this subsection; and (II) how the Secretary is addressing such improper payment vulnerabilities; and (ii) an assessment of the effectiveness of changes made to payment policies and procedures under this title in order to address the vulnerabilities so identified. (D) Limitation The Secretary shall ensure that each report submitted under subparagraph (A) does not include information that the Secretary determines would be sensitive or would otherwise negatively impact program integrity. ; and (2) by adding at the end the following new paragraph: (10) Addressing improper payment vulnerabilities The Secretary shall address improper payment vulnerabilities identified by recovery audit contractors under this subsection in a timely manner, prioritized based on the risk to the program under this title. . (c) Strengthening Medicaid program integrity through flexibility Section 1936 of the Social Security Act (42 U.S.C. 1396u–6) is amended— (1) in subsection (a), by inserting , or otherwise, entities (2) in subsection (e)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting (including the costs of equipment, salaries and benefits, and travel and training) Program under this section (B) in paragraph (3), by striking by 100 by 100, or such number as determined necessary by the Secretary to carry out the Program under this section, (d) Access to the National Directory of New Hires Section 453(j) of the Social Security Act ( 42 U.S.C. 653(j) (12) Information comparisons and disclosures to assist in administration of the Medicare program and State health subsidy programs (A) Disclosure to the Administrator of the Centers for Medicare & Medicaid Services The Administrator of the Centers for Medicare & Medicaid shall have access to the information in the National Directory of New Hires for purposes of determining the eligibility of an applicant for, or enrollee in, the Medicare program under title XVIII or an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(e) (B) Disclosure to the Inspector General of the Department of Health and Human Services (i) In general If the Inspector General of the Department of Health and Human Services transmits to the Secretary the names and social security account numbers of individuals, the Secretary shall disclose to the Inspector General information on such individuals and their employers maintained in the National Directory of New Hires. (ii) Use of information The Inspector General of the Department of Health and Human Services may use information provided under clause (i) only for purposes of — (I) enforcing mandatory and permissive exclusions under title XI; or (II) evaluating the integrity of the Medicare program or an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act). The authority under this clause is in addition to any authority conferred under the Inspector General Act of 1978 (5 U.S.C. App). (C) Disclosure to State agencies (i) In general If, for purposes of determining the eligibility of an applicant for, or an enrollee in, an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(e) (ii) Condition on disclosure by the Secretary The Secretary shall make a disclosure under clause (i) only to the extent that the Secretary determines that the disclosure would not interfere with the effective operation of the program under this part. (iii) Use and disclosure of information by State agencies (I) In general A State agency may not use or disclose information provided under clause (i) except for purposes of determining the eligibility of an applicant for, or an enrollee in, a program referred to in clause (i). (II) Information security The State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of information obtained under clause (i) and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures. (III) Penalty for misuse of information An officer or employee of the State agency who fails to comply with this clause shall be subject to the sanctions under subsection (l)(2) to the same extent as if such officer or employee were an officer or employee of the United States. (iv) Procedural requirements State agencies requesting information under clause (i) shall adhere to uniform procedures established by the Secretary governing information requests and data matching under this paragraph. (v) Reimbursement of costs The State agency shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this subparagraph. . (e) Improving the sharing of data between the Federal Government and State Medicaid programs (1) In general The Secretary of Health and Human Services (in this subsection referred to as the Secretary Medi-Medi Program (2) Program revisions To improve Medi-Medi Data Match Program participation by States Section 1893(g)(1)(A) of the Social Security Act (42 U.S.C. 1395ddd(g)(1)(A)) is amended— (A) in the matter preceding clause (i), by inserting or otherwise eligible entities (B) in clause (i)— (i) by inserting to review claims data algorithms (ii) by striking service, time, or patient provider, service, time, or patient (C) in clause (ii)— (i) by inserting to investigate and recover amounts with respect to suspect claims appropriate actions (ii) by striking ; and (D) in clause (iii), by striking the period and inserting ; and (E) by adding at end the following new clause: (iv) furthering the Secretary’s design, development, installation, or enhancement of an automated data system architecture— (I) to collect, integrate, and assess data for purposes of program integrity, program oversight, and administration, including the Medi-Medi Program; and (II) that improves the coordination of requests for data from States. . (3) Providing states with data on improper payments made for items or services provided to dual eligible individuals (A) In general The Secretary shall develop and implement a plan that allows each State agency responsible for administering a State plan for medical assistance under title XIX of the Social Security Act access to relevant data on improper or fraudulent payments made under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (B) Dual eligible individual defined In this paragraph, the term dual eligible individual 42 U.S.C. 1395j et seq. 42 U.S.C. 1396 et seq. IV Other Provisions 401. Commission on Improving Patient Directed Health Care (a) Findings Congress finds the following: (1) In order to elevate the role of patient choices in the health care system, the American public must engage in an informed, national, public debate on how the current health care system empowers and informs health care decision-making, and what can be done to improve the likelihood patients receive the care they want and need. (2) Research suggests that patients often do not receive the care they want. As a result, the end of life is associated with a substantial burden of suffering by the patient and negative health and financial consequences that extend to family members and society. (3) Patients face a complex and fragmented health care system that may decrease the likelihood that health care choices are known and carried out. The health care system should embed principles that take into account patient wishes. (4) Decisions concerning health care, including end-of-life issues, affect an increasing number of Americans. (5) Medical advances are prolonging life expectancy in the United States both in acute life-threatening situations and protracted battles with illness. These advances raise new challenges surrounding health care decision-making. (6) The United States health care system should promote consideration of a person’s preference in health care decision-making and end-of-life choices. (b) Commission The Social Security Act is amended by inserting after section 1150B ( 42 U.S.C. 1320b–24 1150C. Commission on Improving Patient Directed Health Care (a) Purposes The purposes of this section are to— (1) provide a forum for a nationwide public debate on improving patient self-determination in health care decision-making; (2) identify strategies that ensure every American has the health care they want; and (3) provide recommendations to Congress that result from the debate. (b) Establishment The Secretary shall establish an entity to be known as the Commission on Improving Patient Directed Health Care (referred to in this section as the Commission (c) Membership (1) Number and appointment The Commission shall be composed of 15 members. One member shall be the Secretary. The Comptroller General of the United States shall appoint 14 members. (2) Qualifications The membership of the Commission shall include— (A) health care consumers impacted by decision-making in advance of a health care crisis, such as individuals of advanced age, individuals with chronic, terminal and mental illnesses, family care givers, and individuals with disabilities; (B) providers in settings where crucial health care decision-making occurs, such as those working in intensive care settings, emergency room departments, primary care settings, nursing homes, hospice, or palliative care settings; (C) payors ensuring patients get the level of care they want; (D) experts in advance care planning, hospice, palliative care, information technology, bioethics, aging policy, disability policy, pediatric ethics, cultural sensitivity, psychology, and health care financing; (E) individuals who represent culturally diverse perspectives on patient self-determination and end-of-life issues; and (F) members of the faith community. (d) Period of appointment Members of the Commission shall be appointed for the life of the Commission. Any vacancies shall not affect the power and duties of the Commission but shall be filled in the same manner as the original appointment. (e) Designation of the chairperson Not later than 15 days after the date on which all members of the Commission have been appointed, the Comptroller General shall designate the chairperson of the Commission. (f) Subcommittees The Commission may establish subcommittees if doing so increases the efficiency of the Commission in completing tasks. (g) Duties (1) Hearings Not later than 90 days after the date of designation of the chairperson under subsection (e), the Commission shall hold no fewer than 8 hearings to examine— (A) the current state of health care decision-making and advance care planning laws in the United States at the Federal level and across the States, as well as options for improving advance care planning tools, especially with regard to use, portability, and storage; (B) consumer-focused approaches that educate the American public about patient choices, care planning, and other end-of-life issues; (C) the use of comprehensive, patient-centered care plans by providers, the impact care plans have on health care delivery and spending, and methods to expand the use of high quality care planning tools in both public and private health care systems; (D) the role of electronic medical records and other technologies in improving patient-directed health care; (E) innovative tools for improving patient experience with advanced illness, such as palliative care, hospice, and other models; (F) the role social determinants of health, such as socio-economic status, play in patient self-direction in health care; (G) the use of culturally-competent tools for health care decision-making; (H) strategies for educating providers and increasing provider engagement on care planning, palliative care, hospice care, and other issues surrounding honoring patient choices; (I) the sociological and psychological factors that influence health care decision-making and end-of-life choices; and (J) the role of spirituality and religion in patient self-determination in health care. (2) Additional hearings The Commission may hold additional hearings on subjects other than those listed in paragraph (1) so long as such hearings are determined necessary by the Commission in carrying out the purposes of this section. Such additional hearings do not have to be completed within the time period specified but shall not delay the other activities of the Commission under this section. (3) Number and location of hearings and additional hearings The Commission shall hold no fewer than 8 hearings as indicated in paragraph (1) and in sufficient number in order to receive information that reflects— (A) the geographic differences throughout the United States; (B) diverse populations; and (C) a balance among urban and rural populations. (4) Interactive technology The Commission may encourage public participation in hearings through interactive technology and other means as determined appropriate by the Commission. (5) Report to the american people on patient directed health care Not later than 90 days after the hearings described in paragraphs (1) and (2) are completed, the Commission shall prepare and make available to health care consumers through the Internet and other appropriate public channels, a report to be entitled, Report to the American People on Patient Directed Health Care (A) a summary of— (i) the hearings described in such paragraphs; (ii) how the current health care system empowers and informs decision-making in advance of a health care crisis; (iii) factors that contribute to the provision of health care that does not adhere to patient wishes; (iv) the impact of care that does not follow patient choices, particularly at the end-of-life, on patients, families, providers, spending, and the health care system; (v) the laws surrounding advance care planning and health care decision-making including issues of portability, use, and storage; (vi) consumer-focused approaches to education of the American public about patient choices, care planning, and other end-of-life issues; (vii) the role of care plans in health care decision-making; (viii) the role of providers in ensuring patients receive the care they want; (ix) the role of electronic medical records and other technologies in improving patient directed health care; (x) the impact of social determinants on patient self-direction in health care services; (xi) the use of culturally competent methods for health care decision-making; (xii) the sociological and psychological factors that influence patient self-determination; and (xiii) the role of spirituality and religion in health care decision-making and end-of-life care; (B) best practices from communities, providers, and payors that document patient wishes and provide health care that adheres to those wishes; and (C) information on educating providers about health care decision-making and end-of-life issues. (6) Interim requirements Not later than 180 days after the date of completion of the hearings, the Commission shall prepare and make available to the public through the Internet and other appropriate public channels, an interim set of recommendations on patient self-determination in health care and ways to improve and strengthen the health care system based on the information and preferences expressed at the community meetings. There shall be a 90-day public comment period on such recommendations. (h) Recommendations Not later than 120 days after the expiration of the public comment period described in subsection (g)(6), the Commission shall submit to Congress and the President a final set of recommendations. The recommendations must be comprehensive and detailed. The recommendations must contain recommendations or proposals for legislative or administrative action as the Commission deems appropriate, including proposed legislative language to carry out the recommendations or proposals. (i) Administration (1) Executive director There shall be an Executive Director of the Commission who shall be appointed by the chairperson of the Commission in consultation with the members of the Commission. (2) Compensation While serving on the business of the Commission (including travel time), a member of the Commission shall be entitled to compensation at the per diem equivalent of the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code, and while so serving away from home and the member’s regular place of business, a member may be allowed travel expenses, as authorized by the chairperson of the Commission. For purposes of pay and employment benefits, rights, and privileges, all personnel of the Commission shall be treated as if they were employees of the Senate. (3) 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 Commission the head of such department or agency shall furnish such information. (4) 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. (j) Detail Not more than 4 Federal Government employees employed by the Department of Labor, 4 Federal Government employees employed by the Social Security Administration, and 8 Federal Government employees employed by the Department of Health and Human Services may be detailed to the Commission under this section without further reimbursement. Any detail of an employee shall be without interruption or loss of civil service status or privilege. (k) 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. (l) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter during the existence of the Commission, the Commission shall report to Congress and make public a detailed description of the expenditures of the Commission used to carry out its duties under this section. (m) Sunset of commission The Commission shall terminate on the date that is 3 years after the date on which all the members of the Commission have been appointed under subsection (c)(1) and appropriations are first made available to carry out this section. (n) Administration review and comments Not later than 45 days after receiving the final recommendations of the Commission under subsection (h), the President shall submit a report to Congress which shall contain— (1) additional views and comments on such recommendations; and (2) recommendations for such legislation and administrative action as the President considers appropriate. (o) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section, $3,000,000 for each of fiscal years 2014 and 2015. (2) Report to the American people on patient directed health care There are authorized to be appropriated for the preparation and dissemination of the Report to the American People on Patient Directed Health Care described in subsection (g)(5), $1,000,000 for the fiscal year in which the report is required to be submitted. . 402. Expansion of the definition of inpatient hospital services for certain cancer hospitals Section 1861(b) of the Social Security Act ( 42 U.S.C. 1395x(b) (1) in paragraph (3)— (A) by inserting (A) (3) (B) by adding and (C) by adding at the end the following new subparagraph: (B) subject to the third sentence of this subsection, with respect to a hospital that— (i) is described in section 1886(d)(1)(B)(v); and (ii) as of the date of the enactment of the Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 412.22(e) 412.22(f) items and services described in paragraphs (1) and (2) furnished on or after October 1, 2014, by such hospital described in section 1886(d)(1)(B)(v) or by others under arrangements with them made by the hospital; ; and (2) by adding at the end the following new flush sentence: Paragraph (3)(B) shall only apply to payments with respect to the total number of the hospital’s patient days at any satellite of the hospital or such days at another hospital providing services under arrangements to the hospital, determined as of the date of the enactment of the Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 . 403. Quality measures for certain post-acute care providers relating to notice and transfer of patient health information and patient care preferences (a) Development The Secretary of Health and Human Services (in this section referred to as the Secretary 42 U.S.C. 1395 et seq. (b) Use of measure developers The Secretary shall arrange for the development of such measures by appropriate measure developers. (c) Endorsement The Secretary shall arrange for such developed measures to be submitted for endorsement to a consensus-based entity as described in section 1890(a) of the Social Security Act ( 42 U.S.C. 1395aaa(a) (d) Use of measures The Secretary shall, through notice and comment rulemaking, use such measures under the quality reporting programs with respect to— (1) inpatient hospitals under section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)); (2) skilled nursing facilities under section 1888(e) of such Act ( 42 U.S.C. 1395yy(e) (3) home health services under section 1895(b)(3)(B)(v) of such Act ( 42 U.S.C. 1395fff(b)(3)(B)(v) (4) other providers of services (as defined in section 1861(u) of such Act) and suppliers (as defined in section 1861(d) of such Act) that the Secretary determines appropriate. 404. Criteria for medically necessary, short inpatient hospital stays (a) In general The Secretary of Health and Human Services shall consult with, and seek input from, interested stakeholders to determine appropriate criteria for payment under the Medicare program under title XVIII of the Social Security Act of an inpatient hospital admission that— (1) is medically necessary; and (2) is an inpatient hospital stay that is less than two midnights, as described in section 412.3 of title 42, Code of Federal Regulation, as finalized in the final rule published by the Centers for Medicare & Medicaid Services in the Federal Register on August 19, 2013 (78 Federal Register 50496) entitled Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status (b) Interested stakeholders In subsection (a), the term interested stakeholders (1) Hospitals. (2) Physicians (3) Medicare administrative contractors under section 1874A of the Social Security Act (42 U.S.C. 1395kk–1). (4) Recovery audit contractors under section 1893(h) of such Act ( 42 U.S.C. 1395ddd(h) (5) Other parties determined appropriate by the Secretary. 405. Transparency of reasons for excluding additional procedures from the Medicare ambulatory surgical center (ASC) approved list Section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) In updating such lists for application in years beginning after December 31, 2014, for each procedure that was not proposed but was requested to be included on such lists during the public comment where the Secretary does not finalize (in the final rule updating such lists) to so include, the Secretary shall describe in such final rule the specific safety criteria for not including such requested procedure on such lists. 406. Supervision in critical access hospitals (a) General supervision in critical access hospitals Section 1834(g) of the Social Security Act ( 42 U.S.C. 1395m(g) (6) Supervision In the case of services furnished on or after the date of the enactment of this paragraph, the minimum level of supervision with respect to outpatient therapeutic critical access hospital services shall be general supervision (as defined by the Secretary). . (b) Supervision of cardiac and pulmonary rehabilitation programs in critical access hospitals Section 1861(eee)(2)(B) of the Social Security Act ( 42 U.S.C. 1395x(eee)(2)(B) , or in the case of a critical access hospital, a physician, or (beginning on the date of enactment of Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 a physician 407. Requiring State licensure of bidding entities under the competitive acquisition program for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) Section 1847(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(1) (G) Requiring State licensure of bidding entities With respect to rounds of competitions beginning on or after the date of enactment of this subparagraph, the Secretary may only accept a bid from an entity for an area if the entity meets applicable State licensure requirements for such area for all items in such bid for a product category. . 408. Recognition of attending physician assistants as attending physicians To serve hospice patients (a) Recognition of attending physician assistants as attending physicians To serve hospice patients (1) In general Section 1861(dd)(3)(B) of the Social Security Act (42 U.S.C. 1395x(dd)(3)(B)) is amended— (A) by striking or nurse , the nurse (B) by inserting , or the physician assistant (as defined in such subsection) subsection (aa)(5)) (2) Clarification of hospice role of physician assistants Section 1814(a)(7)(A)(i)(I) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(A)(i)(I) or a physician assistant a nurse practitioner (b) Effective date The amendments made by this section shall apply to items and services furnished on or after October 1, 2015. 409. Remote patient monitoring pilot projects (a) Pilot projects (1) In general Not later than 9 months after the date of the enactment of this Act, the Secretary shall conduct pilot projects under title XVIII of the Social Security Act for the purpose of providing incentives to home health agencies to furnish remote patient monitoring services that reduce expenditures under such title. (2) Site requirements (A) Urban and Rural The Secretary shall conduct the pilot projects under this section in both urban and rural areas. (B) Site in a small state The Secretary shall conduct at least 1 of the pilot projects in a State with a population of less than 1,000,000. (b) Medicare beneficiaries within the scope of projects (1) In general The Secretary shall specify the criteria for identifying those Medicare beneficiaries who shall be considered within the scope of the pilot projects under this section for purposes of the application of subsection (c) and for the assessment of the effectiveness of the home health agency in achieving the objectives of this section. (2) Criteria The criteria specified under paragraph (1)— (A) shall include conditions and clinical circumstances, including congestive heart failure, diabetes, and chronic pulmonary obstructive disease, and other conditions determined appropriate by the Secretary; and (B) may provide for the inclusion in the projects of Medicare beneficiaries who begin receiving home health services under title XVIII of the Social Security Act after the date of the implementation of the projects. (c) Incentives (1) Performance targets The Secretary shall establish for each home health agency participating in a pilot project under this section a performance target using one of the following methodologies, as determined appropriate by the Secretary: (A) Adjusted historical performance target The Secretary shall establish for the agency— (i) a base expenditure amount equal to the average total payments made under parts A, B, and D of title XVIII of the Social Security Act for Medicare beneficiaries determined to be within the scope of the pilot project in a base period determined by the Secretary; and (ii) an annual per capita expenditure target for such beneficiaries, reflecting the base expenditure amount adjusted for risk, changes in costs, and growth rates. (B) Comparative performance target The Secretary shall establish for the agency a comparative performance target equal to the average total payments made under such parts A, B, and D during the pilot project for comparable individuals in the same geographic area that are not determined to be within the scope of the pilot project. (2) Payment Subject to paragraph (3), the Secretary shall pay to each home health agency participating in a pilot project a payment for each year under the pilot project equal to a 75 percent share of the total Medicare cost savings realized for such year relative to the performance target under paragraph (1). (3) Limitation on expenditures The Secretary shall limit payments under this section in order to ensure that the aggregate expenditures under title XVIII of the Social Security Act (including payments under this subsection) do not exceed the amount that the Secretary estimates would have been expended if the pilot projects under this section had not been implemented, including any reasonable costs incurred by the Secretary in the administration of the pilot projects. (4) No duplication in participation in shared savings programs A home health agency that participates in any of the following shall not be eligible to participate in the pilot projects under this section: (A) A model tested or expanded under section 1115A of the Social Security Act ( 42 U.S.C. 1315a (B) The independence at home medical practice demonstration program under section 1866E of such Act ( 42 U.S.C. 1395cc–5 (d) Waiver authority The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot projects under this section. (e) Report to Congress Not later than 3 years after the date that the first pilot project under this section is implemented, the Secretary shall submit to Congress a report on the projects. Such report shall contain— (1) a detailed description of the projects, including any changes in clinical outcomes for Medicare beneficiaries under the projects, Medicare beneficiary satisfaction under the projects, utilization of items and services under parts A, B, and D of title XVIII of the Social Security Act by Medicare beneficiaries under the projects, and Medicare per-beneficiary and Medicare aggregate spending under the projects; (2) a detailed description of issues related to the expansion of the projects under subsection (f); (3) recommendations for such legislation and administrative actions as the Secretary considers appropriate; and (4) other items considered appropriate by the Secretary. (f) Expansion If the Secretary determines that any of the pilot projects under this section enhance health outcomes for Medicare beneficiaries and reduce expenditures under title XVIII of the Social Security Act, the Secretary shall initiate comparable projects in additional areas. (g) Payments have no effect on other Medicare payments to home health agencies A payment under this section shall have no effect on the amount of payments that a home health agency would otherwise receive under title XVIII of the Social Security Act for the provision of home health services. (h) Study and report on the appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule (1) Study The Secretary shall conduct a study on the appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (2) Report Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under paragraph (1), together with such recommendations as the Secretary determines appropriate. (i) Definitions In this section: (1) Home health agency The term home health agency 42 U.S.C. 1395x(o) (2) Remote patient monitoring services (A) In general The term remote patient monitoring services (i) shall include patient monitoring or patient assessment; and (ii) may include in-home technology-based professional consultations, patient training services, clinical observation, treatment, and any additional services that utilize technologies specified by the Secretary. (B) Limitation The term remote patient monitoring services (3) Remote patient monitoring technology The term remote patient monitoring technology (4) Secretary The term Secretary 410. Community-Based Institutional Special Needs Plan Demonstration Program (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Establishment The Secretary shall enter into agreements with not more than 5 specialized MA plans for special needs individuals, as defined in section 1859(b)(6)(B)(i) of the Social Security Act ( 42 U.S.C. 1395w–28(b)(6)(B)(i) 42 U.S.C. 1395w-22(a)(3) (1) the Secretary determines appropriate for the purposes of the CBI-SNP demonstration program; and (2) for which payment may be made under the State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) of the State in which the targeted low-income Medicare beneficiary is located. (c) Eligible plans To be eligible to participate in the CBI-SNP demonstration program, a specialized MA plan for special needs individuals must— (1) serve special needs individuals (as defined in section 1859(b)(6)(B)(i) of the Social Security Act ( 42 U.S.C. 1395w–28(b)(6)(B)(i) (2) have experience in offering special needs plans for nursing home-eligible, non-institutionalized Medicare beneficiaries who live in the community; (3) be located in a State that the Secretary has determined will participate in the CBI-SNP demonstration program by agreeing to make available data necessary for purposes of conducting the independent evaluation required under subsection (f); and (4) meet such other criteria as the Secretary may require. (d) Targeted low-income Medicare beneficiary defined In this section, the term targeted low-income Medicare beneficiary (1) is enrolled in a specialized MA plan for special needs individuals that has been selected to participate in the CBI-SNP demonstration program; (2) is a subsidy eligible individual (as defined in section 1860D–14(a)(3)(A) of the Social Security Act ( 42 U.S.C. 1395w-114(a)(3)(A) (3) is unable to perform 2 or more activities of daily living (as defined in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986). (e) Implementation deadline; duration The CBI-SNP demonstration program shall be implemented not later than January 1, 2016, and shall be conducted for a period of 3 years. (f) Independent evaluation and reports (1) Independent evaluation Not later than 2 years after the completion of the CBI-SNP demonstration program, the Secretary shall provide for the evaluation of the CBI-SNP demonstration program by an independent third party. The evaluation shall determine whether the CBI-SNP demonstration program has improved patient care and quality of life for the targeted low-income Medicare beneficiaries participating in the CBI-SNP demonstration program. Specifically, the evaluation shall determine if the CBI-SNP demonstration program has— (A) reduced hospitalizations or re-hospitalizations; (B) reduced Medicaid nursing home facility stays; and (C) reduced spenddown of income and assets for purposes of becoming eligible for Medicaid. (2) Reports Not later than 3 years after the completion of the CBI-SNP demonstration program, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), together with such recommendations for legislative or administrative action as the Secretary determines appropriate. (g) Funding (1) Funding for implementation For purposes of carrying out the demonstration program under this section (other than the evaluation and report under subsection (f)), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i 42 U.S.C. 1395t (2) Funding for evaluation and report For purposes of carrying out the evaluation and report under subsection (f), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under such section 1817 and the Federal Supplementary Medical Insurance Trust Fund under such section 1841, in such proportion as the Secretary determines appropriate, of $500,000. (3) Availability Amounts transferred under paragraph (1) or (2) shall remain available until expended. (h) Budget neutrality In conducting the CBI-SNP demonstration program, the Secretary shall ensure that the aggregate payments made by the Secretary do not exceed the amount which the Secretary estimates would have been expended under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) if the CBI-SNP demonstration program had not been implemented. (i) Paperwork Reduction Act Chapter 35 411. Applying CMMI waiver authority to PACE in order to foster innovations (a) CMMI waiver authority Subsection (d)(1) of section 1115A of the Social Security Act ( 42 U.S.C. 1315a (1) by inserting (other than subsections (b)(1)(A) and (c)(5) of section 1894) XVIII (2) by striking and 1903(m)(2)(A)(iii) 1903(m)(2)(A)(iii), and 1934 (other than subsections (b)(1)(A) and (c)(5) of such section) (b) Sense of the Senate It is the sense of the Senate that the Secretary of Health and Human Services should use the waiver authority provided under the amendments made by this section to provide, in a budget neutral manner, programs of all-inclusive care for the elderly (PACE programs) with increased operational flexibility to support the ability of such programs to improve and innovate and to reduce technical and administrative barriers that have hindered enrollment in such programs. 412. Improve and modernize Medicaid data systems and reporting (a) In general The Secretary of Health and Human Services shall implement a strategic plan to increase the usefulness of data about State Medicaid programs reported by States to the Centers for Medicare & Medicaid Services. The strategic plan shall address redundancies and gaps in Medicaid data systems and reporting through improvements to, and modernization of, computer and data systems. Areas for improvement under the plan shall include (but not be limited to) the following: (1) The reporting of encounter data by managed care plans. (2) The timeliness and quality of reported data, including enrollment data. (3) The consistency of data reported from multiple sources. (4) Information about State program policies. (b) Implementation status report Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the status of the implementation of the strategic plan required under subsection (a). (c) Authorization of appropriations There is authorized to be appropriated to the Secretary of Health and Human Services for the period of fiscal years 2015 through 2019, such sums as may be necessary to carry out this section. 413. Fairness in Medicaid supplemental needs trusts (a) In general Section 1917(d)(4)(A) of the Social Security Act ( 42 U.S.C. 1396p(d)(4)(A) the individual, for the benefit of such individual by (b) Effective date The amendment made by subsection (a) shall apply to trusts established on or after the date of the enactment of this Act. 414. Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians (a) Including podiatrists as physicians under the Medicaid program (1) In general Section 1905(a)(5)(A) of the Social Security Act ( 42 U.S.C. 1396d(a)(5)(A) section 1861(r)(1) paragraphs (1) and (3) of section 1861(r) (2) Effective date (A) In general Except as provided in subparagraph (B), the amendment made by paragraph (1) shall apply to services furnished on or after the date of enactment of this Act. (B) Extension of effective date for State law amendment In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (b) Modifications to requirements for diabetic shoes to be included under medical and other health services under Medicare (1) In general Section 1861(s)(12) of the Social Security Act ( 42 U.S.C. 1395x(s)(12) (12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes (in this paragraph referred to as therapeutic shoes (A) the physician who is managing the individual’s diabetic condition— (i) documents that the individual has diabetes; (ii) certifies that the individual is under a comprehensive plan of care related to the individual’s diabetic condition; and (iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have such extra-depth shoes with inserts or custom molded shoes with inserts; (B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who— (i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and (ii) communicates in writing the medical necessity to the physician described in subparagraph (A) for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre-ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and (C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area); . (2) Effective date The amendment made by paragraph (1) shall apply with respect to items and services furnished on or after January 1, 2015. 415. Demonstration programs to improve community mental health services (a) Criteria for certified community behavioral health clinics to participate in demonstration programs (1) Publication Not later than September 1, 2015, the Secretary shall publish criteria for a clinic to be certified by a State as a certified community behavioral health clinic for purposes of participating in a demonstration program conducted under subsection (d). (2) Requirements The criteria published under this subsection shall include criteria with respect to the following: (A) Staffing Staffing requirements, including criteria that staff have diverse disciplinary backgrounds, have necessary State-required license and accreditation, and are culturally and linguistically trained to serve the needs of the clinic's patient population. (B) Availability and accessibility of services Availability and accessibility of services, including crisis management services that are available and accessible 24 hours a day, the use of a sliding scale for payment, and no rejection for services or limiting of services on the basis of a patient's ability to pay or a place of residence. (C) Care coordination Care coordination, including requirements to coordinate care across settings and providers to ensure seamless transitions for patients across the full spectrum of health services including acute, chronic, and behavioral health needs. Care coordination requirements shall include partnerships or formal contracts with the following: (i) Federally-qualified health centers (and as applicable, rural health clinics) to provide Federally-qualified health center services (and as applicable, rural health clinic services) to the extent such services are not provided directly through the certified community behavioral health clinic. (ii) Inpatient psychiatric facilities and substance use detoxification, post-detoxification step-down services, and residential programs. (iii) Other community or regional services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies and facilities, Indian Health Service youth regional treatment centers, State licensed and nationally accredited child placing agencies for therapeutic foster care service, and other social and human services. (iv) Department of Veterans Affairs medical centers, independent outpatient clinics, drop-in centers, and other facilities of the Department as defined in section 1801 of title 38, United States Code. (v) Inpatient acute care hospitals and hospital outpatient clinics. (D) Scope of services Provision (in a manner reflecting person-centered care) of the following services which, if not available directly through the certified community behavioral health clinic, are provided or referred through formal relationships with other providers: (i) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. (ii) Screening, assessment, and diagnosis, including risk assessment. (iii) Patient-centered treatment planning or similar processes, including risk assessment and crisis planning. (iv) Outpatient mental health and substance use services. (v) Outpatient clinic primary care screening and monitoring of key health indicators and health risk. (vi) Targeted case management. (vii) Psychiatric rehabilitation services. (viii) Peer support and counselor services and family supports. (ix) Intensive, community-based mental health care for members of the armed forces and veterans, particularly those members and veterans located in rural areas, provided the care is consistent with minimum clinical mental health guidelines promulgated by the Veterans Health Administration including clinical guidelines contained in the Uniform Mental Health Services Handbook of such Administration. (E) Quality and other reporting Reporting of encounter data, clinical outcomes data, quality data, and such other data as the Secretary requires. (F) Organizational authority Criteria that a clinic be a non-profit or part of a local government behavioral health authority or operated under the authority of the Indian Health Service, an Indian tribe or tribal organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination Act ( 25 U.S.C. 450 et seq. (b) Guidance on development of prospective payment system for testing under demonstration programs (1) In general Not later than September 1, 2015, the Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, shall issue guidance for the establishment of a prospective payment system that shall only apply to medical assistance for mental health services furnished by a certified community behavioral health clinic participating in a demonstration program under subsection (d). (2) Requirements The guidance issued by the Secretary under paragraph (1) shall provide that— (A) no payment shall be made for inpatient care, residential treatment, room and board expenses, or any other non-ambulatory services, as determined by the Secretary; and (B) no payment shall be made to satellite facilities of certified community behavioral health clinics if such facilities are established after the date of enactment of this Act. (c) Planning grants (1) In general Not later than January 1, 2016, the Secretary shall award planning grants to States for the purpose of developing proposals to participate in time-limited demonstration programs described in subsection (d). (2) Use of funds A State awarded a planning grant under this subsection shall— (A) solicit input with respect to the development of such a demonstration program from patients, providers, and other stakeholders; (B) certify clinics as certified community behavioral health clinics for purposes of participating in a demonstration program conducted under subsection (d); and (C) establish a prospective payment system for mental health services furnished by a certified community behavioral health clinic participating in a demonstration program under subsection (d) in accordance with the guidance issued under subsection (b). (d) Demonstration programs (1) In general Not later than September 1, 2017, the Secretary shall select States to participate in demonstration programs that are developed through planning grants awarded under subsection (c), meet the requirements of this subsection, and represent a diverse selection of geographic areas, including rural and underserved areas. (2) Application requirements (A) In general The Secretary shall solicit applications to participate in demonstration programs under this subsection solely from States awarded planning grants under subsection (c). (B) Required information An application for a demonstration program under this subsection shall include the following: (i) The target Medicaid population to be served under the demonstration program. (ii) A list of participating certified community behavioral health clinics. (iii) Verification that the State has certified a participating clinic as a certified community behavioral health clinic in accordance with the requirements of subsection (b). (iv) A description of the scope of the mental health services available under the State Medicaid program that will be paid for under the prospective payment system tested in the demonstration program. (v) Verification that the State has agreed to pay for such services at the rate established under the prospective payment system. (vi) Such other information as the Secretary may require relating to the demonstration program including with respect to determining the soundness of the proposed prospective payment system. (3) Number and length of demonstration programs Not more than 8 States shall be selected for 4-year demonstration programs under this subsection. (4) Requirements for selecting demonstration programs (A) In general The Secretary shall give preference to selecting demonstration programs where participating certified community behavioral health clinics— (i) provide the most complete scope of services described in subsection (a)(2)(D) to individuals eligible for medical assistance under the State Medicaid program; (ii) will improve availability of, access to, and participation in, services described in subsection (a)(2)(D) to individuals eligible for medical assistance under the State Medicaid program; (iii) will improve availability of, access to, and participation in assisted outpatient mental health treatment in the State; or (iv) demonstrate the potential to expand available mental health services in a demonstration area and increase the quality of such services without increasing net Federal spending. (5) Payment for medical assistance for mental health services provided by certified community behavioral health clinics (A) In general The Secretary shall pay a State participating in a demonstration program under this subsection the Federal matching percentage specified in subparagraph (B) for amounts expended by the State to provide medical assistance for mental health services described in the demonstration program application in accordance with paragraph (2)(B)(iv) that are provided by certified community behavioral health clinics to individuals who are enrolled in the State Medicaid program. Payments to States made under this paragraph shall be considered to have been under, and are subject to the requirements of, section 1903 of the Social Security Act (42 U.S.C. 1396b). (B) Federal matching percentage The Federal matching percentage specified in this subparagraph is with respect to medical assistance described in subparagraph (A) that is furnished— (i) to a newly eligible individual described in paragraph (2) of section 1905(y) of the Social Security Act ( 42 U.S.C. 1396d(y) (ii) to an individual who is not a newly eligible individual (as so described) but who is eligible for medical assistance under the State Medicaid program, the enhanced FMAP applicable to the State. (C) Limitations (i) In general Payments shall be made under this paragraph to a State only for mental health services— (I) that are described in the demonstration program application in accordance with paragraph (2)(B)(iv); (II) for which payment is available under the State Medicaid program; and (III) that are provided to an individual who is eligible for medical assistance under the State Medicaid program. (ii) Prohibited payments No payment shall be made under this paragraph— (I) for inpatient care, residential treatment, room and board expenses, or any other non-ambulatory services, as determined by the Secretary; or (II) with respect to payments made to satellite facilities of certified community behavioral health clinics if such facilities are established after the date of enactment of this Act. (6) Waiver of statewideness requirement The Secretary shall waive section 1902(a)(1) of the Social Security Act ( 42 U.S.C. 1396a(a)(1) (7) Annual reports (A) In general Not later than 1 year after the date on which the first State is selected for a demonstration program under this subsection, and annually thereafter, the Secretary shall submit to Congress an annual report on the use of funds provided under all demonstration programs conducted under this subsection. Each such report shall include— (i) an assessment of access to community-based mental health services under the Medicaid program in the area or areas of a State targeted by a demonstration program compared to other areas of the State; (ii) an assessment of the quality and scope of services provided by certified community behavioral health clinics compared to community-based mental health services provided in States not participating in a demonstration program under this subsection and in areas of a demonstration State that are not participating in the demonstration program; and (iii) an assessment of the impact of the demonstration programs on the Federal and State costs of a full range of mental health services (including inpatient, emergency and ambulatory services). (B) Recommendations Not later than December 31, 2021, the Secretary shall submit to Congress recommendations concerning whether the demonstration programs under this section should be continued, expanded, modified, or terminated. (e) Definitions In this section: (1) Federally-qualified health center services; Federally-qualified health center; rural health clinic services; rural health clinic The terms Federally-qualified health center services Federally-qualified health center rural health clinic services rural health clinic (2) Enhanced FMAP The term enhanced FMAP 42 U.S.C. 1397dd(b) (3) Secretary The term Secretary (4) State The term State 42 U.S.C. 1396 et seq. (f) Funding (1) In general Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary— (A) for purposes of carrying out subsections (a), (b), and (d)(7), $2,000,000 for fiscal year 2014; and (B) for purposes of awarding planning grants under subsection (c), $25,000,000 for fiscal year 2016. (2) Availability Funds appropriated under paragraph (1) shall remain available until expended. 416. Annual Medicaid DSH report Section 1923 of the Social Security Act ( 42 U.S.C. 1396r–4 (k) Annual report to Congress (1) In general Beginning January 1, 2015, and annually thereafter, the Secretary shall submit a report to Congress on the program established under this section for making payment adjustments to disproportionate share hospitals for the purpose of providing Congress with information relevant to determining an appropriate level of overall funding for such payment adjustments during and after the period in which aggregate reductions in the DSH allotments to States are required under paragraphs (7) and (8) of subsection (f). (2) Required report information Except as otherwise provided, each report submitted under this subsection shall include the following: (A) Information and data relating to changes in the number of uninsured individuals for the most recent year for which such data are available as compared to 2013 and as compared to the Congressional Budget Office estimates of uninsured individuals made at the time of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152 (B) Information and data relating to the extent to which hospitals continue to incur uncompensated care costs from providing unreimbursed or under-reimbursed services to individuals who either are eligible for medical assistance under the State plan under this title or under a waiver of such plan or who have no health insurance (or other source of third party coverage) for such services. (C) Information and data relating to the extent to which hospitals continue to provide charity care and unreimbursed or under-reimbursed services, or otherwise incur bad debt, under the program established under this title, the State Children's Health Insurance Program established under title XXI, and State or local indigent care programs, as reported on cost reports submitted under title XVIII or such other data as the Secretary determines appropriate. (D) In the first report submitted under this section, a methodology for estimating the amount of unpaid patient deductibles, copayments and coinsurance incurred by hospitals for patients enrolled in qualified health plans through an American Health Benefits Exchange, using existing data and minimizing the administrative burden on hospitals to the extent possible, and in subsequent reports, data regarding such uncompensated care costs collected pursuant to such methodology. (E) For each State, information and data relating to the difference between the DSH allotment for the State for the fiscal year that began on October 1 of the year preceding the year in which the report is submitted and the aggregate amount of uncompensated care costs for all disproportionate share hospitals in the State. (F) Information and data relating to the extent to which there are certain vital hospital systems that are disproportionately experiencing high levels of uncompensated care and that have multiple other missions, such as a commitment to graduate medical education, the provision of tertiary and trauma care services, providing public health and essential community services, and providing comprehensive, coordinated care. (G) Such other information and data relevant to the determination of the level of funding for, and amount of, State DSH allotments as the Secretary determines appropriate (3) Authorization of appropriations There is authorized to be appropriated to the Secretary for the period of fiscal years 2015 through 2109, such sums as may be necessary to carry out this subsection. . 417. Implementation To the extent the Secretary of Health and Human Services issues a regulation to carry out the provisions of this Act, the Secretary shall, unless otherwise specified in this Act— (1) issue a notice of proposed rulemaking that includes the proposed regulation; (2) provide a period of not less than 60 calendar days for comments on the proposed regulation; (3) not more than 24 months following the date of publication of the proposed rule, publish the final regulation or take alternative action (such as withdrawing the rule or proposing a revised rule with a new comment period) on the proposed regulation; and (4) not less than 30 days before the effective date of the final regulation, publish the final regulation or take alternative action (such as withdrawing the rule or proposing a revised rule with a new comment period) on the proposed regulation. V Restoring individual liberty 501. Restoring individual liberty Sections 1501 and 1502 and subsections (a), (b), (c), and (d) of section 10106 of the Patient Protection and Affordable Care Act (and the amendments made by such sections and subsections) are repealed and the Internal Revenue Code of 1986 shall be applied and administered as if such provisions and amendments had never been enacted. March 13, 2014 Read the second time and placed on the calendar

Responsible Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014

School District 318 Land Exchange Act - Directs the Secretary of the Interior to: (1) accept any offer by the Minnesota Independent School District number 318 in Grand Rapids, Minnesota, to convey to the United States approximately 1.6 acres of specified non-federal land (including any structures on it), and (2) convey to the District in exchange approximately 1.3 acres of specified U.S. Geological Survey land.

113 S2123 IS: School District 318 Land Exchange Act U.S. Senate 2014-03-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2123 IN THE SENATE OF THE UNITED STATES March 12, 2014 Mr. Franken Ms. Klobuchar Committee on Energy and Natural Resources A BILL To authorize the exchange of certain Federal land and non-Federal land in the State of Minnesota. 1. Short title This Act may be cited as the School District 318 Land Exchange Act 2. Purposes The purposes of this Act are— (1) to provide greater safety to the students of the Robert J. Elkington Middle School and the families of those students in Grand Rapids, Minnesota; and (2) to promote the mission of the United States Geological Survey. 3. Definitions In this Act: (1) District The term District (2) Federal land (A) In general The term Federal land (B) Inclusion The term Federal land (3) Map The term map USGS and School Parcel Locations (4) Non-Federal land (A) In general The term non-Federal land (B) Inclusion The term non-Federal land (5) Secretary The term Secretary 4. Exchange of federal land and non-Federal land (a) In general If the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land, the Secretary shall— (1) accept the offer; and (2) convey to the District all right, title, and interest of the United States in and to the Federal land. (b) Valuation (1) In general The value of the Federal land and non-Federal land to be exchanged under subsection (a) shall be determined— (A) by an independent appraiser selected by the Secretary; and (B) in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (2) Approval Appraisals conducted under paragraph (1) shall be submitted to the Secretary for approval. (3) Cash equalization payments (A) In general If the value of the Federal land and non-Federal land to be exchanged under subsection (a) is not of equal value, the value shall be equalized through a cash equalization payment to the Secretary. (B) Use of amounts Amounts received under subparagraph (A) shall be deposited in the Treasury and credited to miscellaneous receipts.

School District 318 Land Exchange Act

Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 - Makes available to Ukraine for loan guarantees specified funds under the Consolidated Appropriations Act, 2014 and funds under prior Acts for the Department of State, foreign operations, and related programs. States that such amounts shall not be considered "assistance" for the purposes of law limiting assistance to Ukraine. Directs the Secretary of State to assist: (1) the government of Ukraine to recover assets linked to acts of corruption by Viktor Yanukovych, members of his family, or other former or current Ukrainian government officials in any jurisdiction through appropriate programs, including the Kleptocracy Asset Recovery Initiative of the Department of Justice (DOJ); and (2) the government of Ukraine, the European Union (EU), and other appropriate countries with related investigative assistance and training. Directs the Secretary of the Treasury to ensure that the Financial Crimes Enforcement Network provides related assistance. Directs the Secretary of State to: (1) improve democratic governance and anti-corruption efforts in Ukraine, (2) support Ukrainian government efforts to foster national unity, (3) assist in diversifying Ukraine's economy and energy supplies, (4) strengthen democratic institutions and political and civil society organizations in Ukraine, (5) expand free access to independent media in Ukraine and assist with the protection of journalists and civil society activists, and (6) support efforts to enhance the economic and political empowerment of women in Ukraine and to address violence against women and girls in Ukraine. Authorizes FY2015 appropriations for such activities. Directs the President to: (1) enhance security cooperation efforts and relationships amongst countries in Central and Eastern Europe and among the United States, the EU, and countries in Central and Eastern Europe; (2) provide additional security assistance, including defense articles, services, and military training, to countries in Central and Eastern Europe, including Ukraine; and (3) support reform and capacity-building efforts within the military, intelligence, and security services in Central and Eastern Europe, including Ukraine. Authorizes FY2015-FY2017 appropriations for such activities. Directs the President to impose asset blocking and U.S. exclusion sanctions against: (1) any person, including a current or former official of the government of Ukraine or a person acting on behalf of that government, who has perpetrated or is responsible for directing significant acts of violence or gross human rights abuses against persons associated with the anti-government protests in Ukraine that began on November 21, 2013; (2) any person who has perpetrated or is responsible for directing significant acts intended to undermine Ukraine's peace, sovereignty, or territorial integrity, including acts of economic extortion; (3) any official of the government of the Russian Federation, or a close associate or family member of such an official, who is responsible for or complicit in directing acts of significant corruption in Ukraine; and (4) any individual who has materially assisted, sponsored, or provided financial, material, or technological support for such acts. Authorizes and encourages the President to impose asset blocking and U.S. exclusion sanctions against: (1) any government official of the Russian Federation, or a close associate or family member of such an official, who is responsible for or complicit in directing acts of significant corruption in the Russian Federation, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; and (2) any individual who has materially assisted, sponsored, or provided financial, material, or technological support for such acts. Sets forth related penalty requirements. States that U.S. exclusion sanctions shall not apply if necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations or other applicable international obligations. Authorizes the President to waive sanctions if in the U.S. national security interests, and with prior congressional notification. Appropriates funds for an increase in the U.S. quota in the International Monetary Fund (IMF) equal to a specified amount of Special Drawing Rights. Rescinds a similar amount of funds from amounts available for loans to the IMF. Directs the Secretary of Defense (DOD) to report to Congress each year through 2020 on the current and probable future course of military-technological development of the Russian military, the probable development of the security strategy and military strategy of the government of Russia, and military organizations and operational concepts. Rescinds specified amounts from appropriations for: (1) international narcotics control and law enforcement, (2) the International Development Association, (3) the Asian Development Fund, (4) the African Development Fund, (5) the Export-Import Bank of the United States, and (6) DOD procurement accounts.

113 S2124 PCS: Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 329 113th CONGRESS 2d Session S. 2124 IN THE SENATE OF THE UNITED STATES March 12, 2014 Mr. Menendez Committee on Foreign Relations A BILL To support sovereignty and democracy in Ukraine, and for other purposes. 1. Short title This Act may be cited as the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 2. Definitions In this Act: (1) Alien The term alien (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) Materially assisted The term materially assisted (4) United states person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3. United states policy toward Ukraine It is the policy of the United States— (1) to condemn the unjustified military intervention of the Russian Federation in the Crimea region of Ukraine and its concurrent occupation of that region, as well as any other form of political, economic, or military aggression against Ukraine; (2) to reaffirm the commitment of the United States to, and to remind Russia of its ongoing commitment to, the 1994 Budapest Memorandum on Security Assurances, which was executed jointly with the Russian Federation and the United Kingdom and explicitly secures the independence, sovereignty, and territorial integrity and borders of Ukraine, and to demand the immediate cessation of improper activities, including the seizures of airfields and other locations, and the immediate return of Russian forces to their barracks; (3) to work with United States partners in the European Union, the North Atlantic Treaty Organization, and at the United Nations to ensure that all nations recognize and not undermine, nor seek to undermine, the independence, sovereignty, or territorial or economic integrity of Ukraine; (4) to use all appropriate economic elements of United States national power, in coordination with United States allies, to protect the independence, sovereignty, and territorial and economic integrity of Ukraine; (5) to support the people of Ukraine in their desire to forge closer ties with Europe, including signing an Association Agreement with the European Union as a means to address endemic corruption, consolidate democracy, and achieve sustained prosperity; (6) to use the voice and vote of the United States to secure sufficient resources through the International Monetary Fund to support needed economic structural reforms in Ukraine under conditions that will reinforce a sovereign decision by the Government of Ukraine to sign and implement an association agreement with the European Union; (7) to help the Government of Ukraine prepare for the presidential election in May 2014; (8) to reinforce the efforts of the Government of Ukraine to bring to justice those responsible for the acts of violence against peaceful protestors and other unprovoked acts of violence related to the antigovernment protests in that began on November 21, 2013; (9) to support the efforts of the Government of Ukraine to recover and return to the Ukrainian state funds stolen by former President Yanukovych, his family, and other current and former members of the Ukrainian government and elites; (10) to support the continued professionalization of the Ukrainian military; (11) to condemn economic extortion by the Russian Federation against Ukraine, Moldova, Lithuania, and other countries in the region designed to obstruct closer ties between the European Union and the countries of the Eastern Partnership and to reduce the harmful consequences of such extortion; (12) to condemn the continuing and long-standing pattern and practice by the Government of the Russian Federation of physical and economic aggression toward neighboring countries; (13) to enhance and extend our security cooperation with, security assistance to, and military exercises conducted with, states in Central and Eastern Europe, including North Atlantic Treaty Organization (NATO) member countries, NATO aspirants, and appropriate Eastern Partnership countries; (14) to reaffirm United States defense commitments to its treaty allies under Article V of the North Atlantic Treaty; (15) that the continued participation of the Russian Federation in the Group of Eight (G–8) nations should be conditioned on the Government of the Russian Federation respecting the territorial integrity of its neighbors and accepting and adhering to the norms and standards of free, democratic societies as generally practiced by every other member nation of the G–8 nations; (16) to explore ways for the United States Government to assist the countries of Central and Eastern Europe to diversify their energy sources and achieve energy security; and (17) to ensure the United States maintains its predominant leadership position and influence within the International Monetary Fund, and to guarantee the International Monetary Fund has the resources and governance structure necessary to support structural reforms in Ukraine and respond to and prevent a potentially serious financial crisis in Ukraine or other foreign economic crises that threatens United States national security. 4. Provision of costs of loan guarantees for Ukraine (a) In general From the unobligated balance of amounts appropriated or otherwise made available under the heading Economic Support Fund Funds Appropriated to the President Public Law 113–76 2 U.S.C. 661a (b) Inapplicability of certain limitations Amounts made available for the costs of loan guarantees for Ukraine pursuant to subsection (a) shall not be considered assistance 5. Recovery of assets linked to governmental corruption in Ukraine (a) Asset recovery The Secretary of State, in coordination with the Attorney General and the Secretary of the Treasury, shall assist, on an expedited basis as appropriate, the Government of Ukraine to identify, secure, and recover assets linked to acts of corruption by Viktor Yanukovych, members of his family, or other former or current officials of the Government of Ukraine or their accomplices in any jurisdiction through appropriate programs, including the Kleptocracy Asset Recovery Initiative of the Department of Justice. (b) Coordination Any asset recovery efforts undertaken pursuant to subsection (a) shall be coordinated through the relevant bilateral or multilateral entities, including, as appropriate, the Egmont Group of Financial Intelligence Units, the Stolen Asset Recovery Initiative of the World Bank Group and the United Nations Office on Drugs and Crime, the Camden Asset Recovery Inter-Agency Network, and the Global Focal Point Initiative of the International Criminal Police Organization (INTERPOL). (c) Investigative assistance The Secretary of State, in coordination with the Attorney General, shall assist the Government of Ukraine, the European Union, and other appropriate countries, on an expedited basis, with formal and informal investigative assistance and training, as appropriate, to support the identification, seizure, and return to the Government of Ukraine of assets linked to acts of corruption. (d) Priority assigned The Secretary of the Treasury shall ensure that the Financial Crimes Enforcement Network of the Department of the Treasury assists the Government of Ukraine, the European Union, and other appropriate countries under section 314(a) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 ( 31 U.S.C. 5311 6. Democracy, civil society, governance, and technical assistance for ukraine and other states in Central and Eastern Europe (a) In general The Secretary of State shall, subject to the availability of appropriations, directly or through nongovernmental organizations— (1) improve democratic governance, transparency, accountability, rule of law, and anti-corruption efforts in Ukraine; (2) support efforts by the Government of Ukraine to foster greater unity among the people and regions of the country; (3) support the people and Government of Ukraine in preparing to conduct and contest free and fair elections, including through domestic and international election monitoring; (4) assist in diversifying Ukraine's economy, trade, and energy supplies, including at the national, regional, and local levels; (5) strengthen democratic institutions and political and civil society organizations in Ukraine; (6) expand free and unfettered access to independent media of all kinds in Ukraine and assist with the protection of journalists and civil society activists who have been targeted for free speech activities; (7) support political and economic reform initiatives by Eastern Partnership countries; and (8) support the efforts of the Government of Ukraine, civil society, and international organizations to enhance the economic and political empowerment of women in Ukraine and to prevent and address violence against women and girls in Ukraine, and support the inclusion of women in Ukraine in any negotiations to restore Ukraine’s security, independence, sovereignty, or territorial or economic integrity. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $50,000,000 for fiscal year 2015 to carry out the activities set forth in subsection (a). Amounts appropriated for the activities set forth in subsection (a) shall be used pursuant to the authorization and requirements contained in this section. Additional amounts may be authorized to be appropriated under other provisions of law. (c) Strategy requirement Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a strategy to carry out the activities set forth in subsection (a). (d) Notification requirement (1) In general Funds appropriated or otherwise made available pursuant to subsection (b) may not be obligated until 15 days after the date on which the President has provided notice of intent to obligate such funds to the appropriate congressional committees. (2) Waiver The President may waive the notification requirement under paragraph (1) if the President determines that failure to do so would pose a substantial risk to human health or welfare, in which case notification shall be provided as early as practicable, but in no event later than three days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver. 7. Enhanced security cooperation with Ukraine and other countries in Central and Eastern Europe (a) In general The President shall, subject to the availability of appropriations— (1) enhance security cooperation efforts and relationships amongst countries in Central and Eastern Europe and among the United States, the European Union, and countries in Central and Eastern Europe; (2) provide additional security assistance, including defense articles and defense services (as those terms are defined in section 47 of the Arms Export Control Act (22 U.S.C. 2794)) and military training, to countries in Central and Eastern Europe, including Ukraine; and (3) support greater reform, professionalism, and capacity-building efforts within the military, intelligence, and security services in Central and Eastern Europe, including Ukraine. (b) Authorization of appropriations There is authorized to be appropriated to the President a total of $100,000,000 for fiscal years 2015 through 2017 to carry out this section. Amounts appropriated for the activities set forth in subsection (a) shall be used pursuant to the authorization and requirements contained in this section. Additional amounts may be authorized to be appropriated under other provisions of law. (c) Strategy requirement Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a strategy to carry out the activities set forth in subsection (a). (d) Notification requirement (1) In general Funds appropriated or otherwise made available pursuant to subsection (b) may not be obligated until 15 days after the date on which the President has provided notice of intent to obligate such funds to the appropriate congressional committees and the Committees on Armed Services of the Senate and the House of Representatives. (2) Waiver The President may waive the notification requirement under paragraph (1) if the President determines that failure to do so would pose a substantial risk to human health or welfare, in which case notification shall be provided as early as practicable, but in no event later than three days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver. 8. Sanctions on persons responsible for violence or undermining the peace, security, stability, sovereignty, or territorial integrity of Ukraine (a) In general The President shall impose the sanctions described in subsection (b) with respect to— (1) any person, including a current or former official of the Government of Ukraine or a person acting on behalf of that Government, that the President determines has perpetrated, or is responsible for ordering, controlling, or otherwise directing, significant acts of violence or gross human rights abuses in Ukraine against persons associated with the antigovernment protests in Ukraine that began on November 21, 2013; (2) any person that the President determines has perpetrated, or is responsible for ordering, controlling, or otherwise directing, significant acts that are intended to undermine the peace, security, stability, sovereignty, or territorial integrity of Ukraine, including acts of economic extortion; (3) any official of the Government of the Russian Federation, or a close associate or family member of such an official, that the President determines is responsible for, complicit in, or responsible for ordering, controlling, or otherwise directing, acts of significant corruption in Ukraine, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; and (4) any individual that the President determines materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the commission of acts described in paragraph (1), (2), or (3). (b) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (B) Exclusion from the united states and revocation of visa or other documentation In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (3) Exception to comply with United Nations Headquarters Agreement Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver The President may waive the application of sanctions under subsection (b) with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. (d) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 9. Sanctions on persons in the Russian Federation complicit in or responsible for significant corruption (a) In general The President is authorized and encouraged to impose the sanctions described in subsection (b) with respect to— (1) any official of the Government of the Russian Federation, or a close associate or family member of such an official, that the President determines is responsible for, or complicit in, or responsible for ordering, controlling, or otherwise directing, acts of significant corruption in the Russian Federation, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; and (2) any individual who has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an act described in paragraph (1). (b) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (B) Exclusion from the united states and revocation of visa or other documentation In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (3) Exception to comply with United Nations headquarters agreement Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver The President may waive the application of sanctions under subsection (b) with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. (d) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 10. United States leadership in the International Monetary Fund (a) United States quota for International Monetary Fund direct loan program account (1) Appropriation There are appropriated, for an increase in the quota of the United States in the International Monetary Fund, the dollar equivalent of 40,871,800,000 Special Drawing Rights, to remain available until expended. (2) Cost estimation (A) In general Notwithstanding the provisos under the heading United States Quota, International Monetary Fund International monetary programs International assistance programs Public Law 111–32 (B) Discount rate The discount rate for a present value calculation under subparagraph (A) shall be the appropriate interest rate on marketable Treasury securities. (3) Adjustments under sequestration reports Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) shall not apply to amounts appropriated by paragraph (1). (b) Loans to International Monetary Fund direct loan program account (1) Rescission Of amounts appropriated under the heading Loans to International Monetary Fund international monetary programs international assistance programs Public Law 111–32 (A) on the date on which the rollback of the credit arrangement of the United States in the New Arrangements to Borrow of the International Monetary Fund takes effect; but (B) not earlier than the increase in the quota of the United States authorized by section 72 of the Bretton Woods Agreements Act, as added by subsection (c)(2). (2) Cost estimation (A) In general Notwithstanding the second through fourth provisos under the heading Loans to International Monetary Fund international monetary programs international assistance programs Public Law 111–32 (B) Discount rate The discount rate for a present value calculation under subparagraph (A) shall be the appropriate interest rate on marketable Treasury securities. (3) Adjustments under sequestration reports Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) shall not apply to amounts rescinded by paragraph (1). (c) Amendments to the Bretton Woods Agreements Act (1) Rescission of funds Section 17(b) of the Bretton Woods Agreements Act ( 22 U.S.C. 286e–2(b) only to the extent that such amounts are not rescinded by an Act of Congress (2) Acceptance of amendments to articles of agreement; quota increase The Bretton Woods Agreements Act ( 22 U.S.C. 286 et seq. 71. Acceptance of amendments to the Articles of Agreement of the Fund The United States Governor of the Fund may accept the amendments to the Articles of Agreement of the Fund as proposed in resolution 66–2 of the Board of Governors of the Fund. 72. Quota increase (a) In general The United States Governor of the Fund may consent to an increase in the quota of the United States in the Fund equivalent to 40,871,800,000 Special Drawing Rights. (b) Subject to appropriations The authority provided by subsection (a) shall be effective only to such extent or in such amounts as are appropriated in advance. . 11. Annual report on military and security developments involving the Russian Federation (a) Report Not later than June 1, 2015, and June 1 of each year thereafter through 2020, the Secretary of Defense shall submit to the specified congressional committees a report, in both classified and unclassified form, on the current and future military power of the Russian Federation (in this section referred to as Russia (b) Matters to be included The report required under subsection (a) shall include the following: (1) An assessment of the security situation in regions neighboring Russia. (2) The goals and factors shaping the security strategy and military strategy of the Government of Russia. (3) Trends in Russian security and military behavior that would be designed to achieve, or that are consistent with, the goals described in paragraph (2). (4) An assessment of the global and regional security objectives of the Government of Russia, including objectives that would affect the North Atlantic Treaty Organization, the Middle East, or the People's Republic of China. (5) A detailed assessment of the sizes, locations, and capabilities of the nuclear, special operations, land, sea, and air forces of the Government of Russia. (6) Developments in Russian military doctrine and training. (7) An assessment of the proliferation activities of the Government of Russia and Russian entities, as a supplier of materials, technologies, or expertise relating to nuclear weapons or other weapons of mass destruction or missile systems. (8) Developments in the asymmetric capabilities of the Government of Russia, including its strategy and efforts to develop and deploy cyberwarfare and electronic warfare capabilities, details on the number of malicious cyber incidents originating from Russia against Department of Defense infrastructure, and associated activities originating or suspected of originating from Russia. (9) The strategy and capabilities of space and counterspace programs in Russia, including trends, global and regional activities, the involvement of military and civilian organizations, including state-owned enterprises, academic institutions, and commercial entities, and efforts to develop, acquire, or gain access to advanced technologies that would enhance Russian military capabilities. (10) Developments in Russia's nuclear program, including the size and state of Russia's stockpile, its nuclear strategy and associated doctrines, its civil and military production capacities, and projections of its future arsenals. (11) A description of the anti-access and area denial capabilities of the Government of Russia. (12) A description of Russia's command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and its applications for Russia's precision guided weapons. (13) In consultation with the Secretary of Energy and the Secretary of State, developments regarding United States-Russian engagement and cooperation on security matters. (14) Other military and security developments involving Russia that the Secretary of Defense considers relevant to United States national security. (c) Specified congressional committees defined In this section, the term specified congressional committees (1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. 12. Rescissions from foreign relations accounts (a) International Narcotics Control and Law Enforcement Of the funds appropriated under the heading International Security Assistance, Department of State, International Narcotics Control and Law Enforcement Public Law 113–76 (b) Contribution to the International Development Association Of the funds appropriated under the heading Multilateral Assistance, International Financial Institutions, Contribution to the International Development Association Public Law 113–76 (c) Contribution to the Asian Development Fund Of the funds appropriated under the heading Multilateral Assistance, International Financial Institutions, Contribution to the Asian Development Fund Public Law 113–76 (d) Contribution to the African Development Fund Of the funds appropriated under the heading Multilateral Assistance, International Financial Institutions, Contribution to the African Development Fund Public Law 113–76 (e) Subsidy appropriation for the Export-Import Bank of the United States Of the unexpended balances available under the heading Export and Investment Assistance, Export-Import Bank of the United States, Subsidy Appropriation 13. Rescissions from Department of Defense procurement accounts Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: (1) Other Procurement, Army, 2013/2015: $41,500,000. (2) Aircraft Procurement, Army, 2014/2016: $80,000,000. (3) Missile Procurement, Air Force, 2014/2016: $36,000,000. March 12, 2014 Read twice and placed on the calendar

Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014

Public Safety and Economic Security Communications Act of 2014 - Amends the Communications Act of 1934 to require an intermediate provider that offers the capability to transmit certain voice communications and signaling information from one destination to another, and that charges a rate to any other entity (including an affiliated entity) for the transmission, to: (1) register with the Federal Communications Commission (FCC), and (2) comply with service quality standards to be established by the FCC. Defines "intermediate provider" as any entity that: (1) carries or processes traffic that is generated from the placement of a call from a connection using a North American Numbering Plan resource or a call placed to a connection using such a numbering resource, and (2) does not itself originate or terminate such traffic in the context of the carriage or processing. Prohibits certain long-distance voice service providers (including local exchange carriers, interexchange carriers, commercial mobile radio services, interconnected voice over Internet Protocol [VoIP] services, and certain non-interconnected VoIP services) from using an intermediate provider to transmit voice communications and signals unless the intermediate provider is so registered. Directs the FCC, in promulgating rules for such standards, to: (1) ensure the integrity of the transmission of voice communications to all customers in the United States, (2) prevent unjust or unreasonable discrimination among areas of the United States in the delivery of such voice communications, and (3) make a registry of intermediate providers publicly available on the FCC website.

113 S2125 IS: Public Safety and Economic Security Communications Act of 2014 U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2125 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mr. Johnson of South Dakota Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to ensure the integrity of voice communications and to prevent unjust or unreasonable discrimination among areas of the United States in the delivery of such communications. 1. Short title This Act may be cited as the Public Safety and Economic Security Communications Act of 2014 2. Ensuring the integrity of voice communications Part II of title II of the Communications Act of 1934 ( 47 U.S.C. 251 et seq. 262. Ensuring the integrity of voice communications (a) Registration and compliance by intermediate providers An intermediate provider that offers or holds itself out as offering the capability to transmit covered voice communications from one destination to another and that charges any rate to any other entity (including an affiliated entity) for the transmission shall— (1) register with the Commission; and (2) comply with the service quality standards for such transmission to be established by the Commission under subsection (c)(1)(B). (b) Required use of registered intermediate providers A covered provider may not use an intermediate provider to transmit covered voice communications unless such intermediate provider is registered under subsection (a)(1). (c) Commission rules (1) In general Not later than 180 days after the date of the enactment of this section, the Commission shall promulgate rules to establish— (A) a registry to record registrations under subsection (a)(1); and (B) service quality standards for the transmission of covered voice communications by intermediate providers. (2) Requirements In promulgating the rules required by paragraph (1), the Commission shall— (A) ensure the integrity of the transmission of covered voice communications to all customers in the United States; and (B) prevent unjust or unreasonable discrimination among areas of the United States in the delivery of covered voice communications. (d) Public availability of registry The Commission shall make the registry established under subsection (c)(1)(A) publicly available on the website of the Commission. (e) Scope of application The requirements of this section shall apply regardless of the format by which any communication or service is provided, the protocol or format by which the transmission of such communication or service is achieved, or the regulatory classification of such communication or service. (f) Rule of construction Nothing in this section shall be construed to affect the regulatory classification of any communication or service. (g) Definitions In this section: (1) Covered provider The term covered provider section 64.2101 (2) Covered voice communication The term covered voice communication (A) from the placement of a call from a connection using a North American Numbering Plan resource or a call placed to a connection using such a numbering resource; and (B) through any service provided by a covered provider. (3) Intermediate provider The term intermediate provider (A) carries or processes traffic that is generated from the placement of a call from a connection using a North American Numbering Plan resource or a call placed to a connection using such a numbering resource; and (B) does not itself originate or terminate such traffic in the context of the carriage or processing. .

Public Safety and Economic Security Communications Act of 2014

Regenerative Medicine Promotion Act of 2014 - Requires the Comptroller General to submit to Congress a report identifying all ongoing federal programs and activities regarding regenerative medicine. Directs the Secretary of Health and Human Services (HHS) to establish a Regenerative Medicine Coordinating Council, which shall: prepare a national strategy to support research into regenerative medicine and enable the development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; develop national goals for regenerative medicine research and product development; prepare a plan specifying priorities for research into regenerative medicine; identify sources of funding for research into regenerative medicine and areas where such funding is inadequate or duplicative; make recommendations regarding federal policies to support development and marketing of regenerative medicine products; develop consensus standards regarding scientific issues critical to regulator approval of regenerative medicine products; and determine the need for establishing centers of excellence or consortia to further advance regenerative medicine. Directs the Council to: (1) adopt procedures to ensure the receipt of public input; and (2) submit an annual report on its activities to Congress, the Director of the National Institutes of Health (NIH), and the Commissioner of Food and Drugs (FDA).

113 S2126 IS: Regenerative Medicine Promotion Act of 2014 U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2126 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mrs. Boxer Mr. Kirk Committee on Health, Education, Labor, and Pensions A BILL To launch a national strategy to support regenerative medicine through the establishment of a Regenerative Medicine Coordinating Council, and for other purposes. 1. Short title This Act may be cited as the Regenerative Medicine Promotion Act of 2014 2. Findings Congress finds the following: (1) Regenerative medicine has the potential to treat many chronic diseases, promote economic growth, and reduce health care spending in the United States. (2) Regenerative medicine products have already successfully treated numerous health conditions and have the potential to provide cures, treatments and diagnostics for a range of diseases and disabilities including diabetes, spinal cord injury, heart disease, stroke, various forms of cancer, and other age-related conditions that represent a huge quality of life, social, and economic burden on society. (3) A United States national strategy on regenerative medicine is critical to ensure that this technology fulfills its potential to cure and treat diseases and disabilities, reduce overall health care spending, and promote economic growth. (4) The Department of Defense has stated that regenerative medicine has the potential to treat many battlefield injuries such as burns, that it has the potential to heal wounds without scarring, and that it has the potential to be used for craniofacial reconstruction, limb reconstruction, regeneration, and transplantation. (5) The Department of Health and Human Services and the Multi-Agency Tissue Engineering Science Interagency Working Group have endorsed a national initiative to support research and product development in regenerative medicine. (6) The Department of Health and Human Services has said the potential benefits of regenerative medicine in improved health care and economic savings are enormous. States that have invested in regenerative medicine have experienced economic growth and see future growth potential, including an increase in biotech employment, payroll increases, and proportional impacts on tax receipts. 3. Report on ongoing Federal programs and activities regarding regenerative medicine Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall provide for the completion, and submission to Congress, of a report identifying all ongoing Federal programs and activities regarding regenerative medicine. 4. Establishment of Regenerative Medicine Coordinating Council (a) Establishment The Secretary of Health and Human Services shall establish, in the Office of the Secretary, a Regenerative Medicine Coordinating Council (in this section referred to as the Council (b) Composition The Council shall be composed of the following: (1) The Secretary of Commerce. (2) The Secretary of Defense. (3) The Secretary of Health and Human Services. (4) The Secretary of the Treasury. (5) The Secretary of Veterans Affairs. (6) The Administrator of the Agency for Healthcare Research and Quality. (7) The Administrator of the Centers for Medicare & Medicaid Services. (8) The Commissioner of Food and Drugs. (9) The Director of the National Institutes of Health. (10) The Director of the National Institutes of Standards and Technology. (11) Such other members as may be appointed by the Secretary of Health and Human Services. (c) Chair The Secretary of Health and Human Services shall be the Chair of the Council. (d) Members appointed by Secretary The members of the Council appointed by the Secretary of Health and Human Services under subsection (b)(11) shall include health insurers, regenerative medicine researchers from academic institutions, patient advocates, persons with expertise in drug discovery, persons with expertise in drug development, persons with expertise in basic research, persons with expertise in translational research, persons with expertise in medical device development, persons with expertise in biomaterials, and persons with expertise in clinical research. (e) Functions The Council shall— (1) prepare, and keep up-to-date, a national strategy to support research into regenerative medicine and enable the development of drugs, biological products, medical devices, and biomaterials for use in regenerative medicine; (2) develop national goals for regenerative medicine research and product development; (3) prepare a plan specifying priorities for research into regenerative medicine; (4) identify sources of funding for research into regenerative medicine; (5) identify areas where such funding is inadequate or duplicative; (6) make recommendations regarding Federal regulatory, reimbursement, and other policies that will support development and marketing of regenerative medicine products; (7) develop consensus standards regarding scientific issues critical to regulatory approval of regenerative medicine products; and (8) determine the need for establishing centers of excellence or consortia to further advance regenerative medicine. (f) Transparency; reporting requirements (1) Transparency The Council shall adopt procedures to ensure the receipt of public input, such as holding public stakeholder meetings or creating advisory boards. (2) Annual reports The Council shall submit an annual report on its activities to Congress, the Director of the National Institutes of Health, and the Commissioner of Food and Drugs. Each such report shall— (A) provide details on progress in meeting goals identified by the Council for regenerative medicine; (B) provide recommendations regarding funding, regulatory, or other policies to achieve regenerative medicine goals identified by the Council; (C) identify regenerative medicine products currently on the market and those in development; (D) identify regenerative medicine research and technological advances and discoveries that occurred in the previous year; and (E) assess the impact of regenerative medicine on the Nation's economy, including with respect to— (i) the number of people employed in companies or research institutions working in regenerative medicine; (ii) the number of companies pursuing regenerative medicine products; and (iii) increases in tax revenues.

Regenerative Medicine Promotion Act of 2014

Inspector General Empowerment Act of 2014 - Amends the Inspector General Act of 1978 to eliminate a provision of such Act that requires referral of allegations of misconduct involving Department of Justice (DOJ) attorneys, investigators, or law enforcement personnel to the DOJ Office of Professional Responsibility (thus allowing the DOJ Inspector General to investigate such allegations).

113 S2127 IS: Inspector General Empowerment Act of 2014 U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2127 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mr. Lee Mr. Tester Mr. Grassley Ms. Murkowski Committee on the Judiciary A BILL To amend the Inspector General Act of 1978 relative to the powers of the Department of Justice Inspector General. 1. Short title This Act may be cited as the Inspector General Empowerment Act of 2014 2. Investigations of Department of Justice personnel Section 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (b)— (A) in paragraph (2), by striking and paragraph (3) (B) by striking paragraph (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (D) in paragraph (4), as redesignated, by striking paragraph (4) paragraph (3) (2) in subsection (d), by striking , except with respect to allegations described in subsection (b)(3),

Inspector General Empowerment Act of 2014

Winter Roads Safety Act of 2014 - Directs the Secretary of Transportation (DOT), for a specified period, to waive certain federal vehicle weight limitations for covered logging vehicles to operate on the Interstate Highway System. Specifies the period beginning upon enactment of this Act and ending on the date the Commissioner of the Minnesota Department of Transportation terminates the seasonal vehicle weight limit increase in the North Zone pursuant to the Minnesota Statutes. Defines the term "covered logging vehicle" to mean a vehicle that: (1) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips; (2) has a gross vehicle weight of no more than 99,000 pounds; (3) has at least six axles; (4) is operating on specified segments of Interstate Route 35 and Interstate Route 535 in Minnesota; and (5) has obtained the appropriate overweight vehicle permit from the Department. Prohibits this waiver, however, until the bridges along the road segments have been inspected and certified by the Minnesota Department to be structurally capable of supporting such covered logging vehicles.

113 S2130 IS: Winter Roads Safety Act of 2014 U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2130 IN THE SENATE OF THE UNITED STATES March 13, 2014 Ms. Klobuchar Mr. Franken Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to temporarily waive certain vehicle weight limits for covered logging vehicles, and for other purposes. 1. Short title This Act may be cited as the Winter Roads Safety Act of 2014 2. Temporary waiver (a) In general During the period beginning on the date of the enactment of this Act and ending on the date on which the Commissioner of the Minnesota Department of Transportation terminates the seasonal vehicle weight limit increase in the North Zone in accordance with section 169.826 of the Minnesota Statutes, the Secretary of Transportation shall waive, for a covered logging vehicle, the application of any vehicle weight limit established under section 127 of title 23, United States Code. (b) Inspection requirement Notwithstanding subsection (a), a waiver described in such subsection may not be granted until the bridges along the road segments described in subsection (c)(4) have been inspected and certified by the Minnesota Department of Transportation to be structurally capable of supporting vehicles with a gross vehicle weight of 99,000 pounds. (c) Defined term In this section, the term covered logging vehicle (1) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips; (2) has a gross vehicle weight of not more than 99,000 pounds; (3) has not fewer than 6 axles; (4) is operating on a segment of— (A) Interstate Route 35 in Minnesota between mile marker 235.4 and mile marker 259.552; or (B) Interstate Route 535 in Minnesota between mile marker 0 and mile marker 1.571; and (5) has obtained the appropriate overweight vehicle permit from the Minnesota Department of Transportation.

Winter Roads Safety Act of 2014

Coast Guard Arctic Preparedness Act - Requires the Coast Guard to be the sole supplier of icebreaking services to federal agencies. Permits agencies to acquire icebreaking services from another entity if the Coast Guard is unable to provide such services. Amends the Coast Guard and Maritime Transportation Act of 2012 to direct the Secretary of the department in which the Coast Guard is operating to initiate a reactivation and an extention of the service life of the icebreaker Polar Sea for 7 to 10 years. Authorizes the Commandant of the Coast Guard, as part of any project for the acquisition of one or more new heavy polar icebreakers, to solicit bids and enter into contracts that include the provision of classification services by any classification society to which the Secretary has delegated such authority for vessels not owned by the U.S. government. Sets forth vessel requirements to be included in a final rule concerning notices of arrival and departure and the automatic identification system (AIS). Directs the Secretary to establish a permitting process by which an operator of a marine exchange or other non-federal vessel traffic information service may apply for permission to use the AIS to transmit weather, ice, and other navigation safety information to vessels. Permits the Secretary to recover appropriate travel and subsistence costs incurred in providing a service or thing of value to vessels, seamen, or other persons liable for certain fees or charges. Authorizes the Secretary to order to active duty an organized training unit or member of the Coast Guard Ready Reserve (without consent of the members, for a continuous period of up to 120 days) as an emergency augmentation of regular Coast Guard forces in response to: (1) a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or (2) a spill of national significance under the National Oil and Hazardous Substances Pollution Contingency Plan. Extends through September 30, 2017, the Commandant's acquisition workforce expedited hiring authority under which acquisition positions may be designated as positions for which there is a shortage of candidates or a critical hiring need. Directs the Secretary to submit an authorization request to Congress for each fiscal year. Authorizes the establishment of an interagency Arctic fusion center to: (1) improve maritime domain awareness in the Arctic, and (2) coordinate information sharing between specified agencies. Directs the Secretary to develop a five-year strategic plan to guide interagency and international intergovernmental cooperation. Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to eliminate the National Response Unit at Elizabeth City, North Carolina. Transfers the Unit's response functions directly to the Secretary. (Currently, such functions are carried out by the Secretary acting through such Unit.) Authorizes the Secretary to construct or lease hangar, berthing, and messing facilities in the Arctic Region and Bering Sea-Aleutian Islands operating area. Requires the Secretary, within an hour after receiving a report of certain marine casualties, to forward the report to appropriate state agencies and tribal governments. Directs the Commandant to publish on a publicly accessible website all written incident action plans prepared and approved as a part of the response to an oil spill in which the Coast Guard serves as the federal on-scene coordinator leading a unified command. Expands the activities required to be performed by centers of expertise for Coast Guard prevention and response missions. Authorizes the Commandant, through the Secretary with the concurrence of the Secretary of State, to coordinate with foreign government agencies on research, development, testing, and evaluations relating to the performance of any Coast Guard function, including intelligence systems and capabilities. Requires area contingency plans for the removal or oil and hazardous substances to include input from tribal governments and a framework with respect to the closing and reopening of fishing areas following a discharge. Directs the Secretary to require: (1) Coast Guard-approved response plans to be updated at least every five years with the best commercially available technology and methods to address a worst case discharge, including a discharge resulting from fire or explosion; and (2) each vessel response plan prepared for a mobile offshore drilling unit to include information regarding the planned response to, and threat of, such a worst case discharge. Establishes a Support of Seafarers Fund from which the Secretary is authorized to pay the necessary support of: (1) seafarers who enter, remain, or are paroled into the United States and are involved in an investigation, reporting, documentation, or adjudication of any matter related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard; and (2) seafarers abandoned in the United States. Authorizes, if necessary to avoid serious injustice, the reimbursement of certain shipowners or operators who have provided necessary support of a seafarer paroled into the United States to facilitate such an investigation, reporting, documentation, or adjudication. Defines "seafarer" as an alien crewman who is employed or engaged in any capacity on a vessel subject to U.S. jurisdiction. Amends the Outer Continental Shelf Lands Act to: (1) require oil produced from federal leases in Arctic water planning areas of the Chukchi Sea, Beaufort Sea, or Hope Basin to be transported by pipeline to onshore facilities; and (2) provide for the transportation of oil from federal leases in Arctic waters in preproduction phases (including exploration) by means other than a pipeline. Authorizes the Commandant to lease submerged lands and tidelands under the control of the Coast Guard for periods longer than five years. Increases fines and penalties relating to false or unauthorized uses of: (1) aids to maritime navigation and distress messages, (2) Coast Guard ensigns and pennants, and (3) the words "Coast Guard."

113 S2131 IS: Coast Guard Arctic Preparedness Act U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2131 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mr. Begich Ms. Cantwell Committee on Commerce, Science, and Transportation A BILL To amend the statutory authorities of the Coast Guard to strengthen Coast Guard prevention and response capabilities in the Arctic, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Coast Guard Arctic Preparedness Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Secretary defined. TITLE I—Prevention Sec. 101. Clarification of Coast Guard ice operations mission. Sec. 102. Reactivation of Polar Sea. Sec. 103. Competitive bidding in heavy polar icebreaker design and construction. Sec. 104. Vessel requirements for notices of arrival and departure and automatic identification system. Sec. 105. Improved safety information for vessels. Sec. 106. Recovery of travel and subsistence costs for prevention services. TITLE II—Preparedness and response Sec. 201. Commandant; appointment. Sec. 202. Active duty for emergency augmentation of regular forces. Sec. 203. Acquisition workforce expedited hiring authority. Sec. 204. Transmission of annual Coast Guard authorization request. Sec. 205. Interagency Arctic fusion center. Sec. 206. Enhanced national response capability. Sec. 207. Forward operating facilities. Sec. 208. Prompt intergovernmental notice of marine casualties. Sec. 209. Prompt publication of oil spill information. Sec. 210. Coast Guard centers of expertise. Sec. 211. Research, development, testing, and evaluation. Sec. 212. Area contingency plans. Sec. 213. Coast Guard response plan requirements. Sec. 214. Protection and fair treatment of seafarers. TITLE III—Miscellaneous Sec. 301. Waiver. Sec. 302. Transportation of oil from Arctic outer continental shelf lands. Sec. 303. Lease of tidelands and submerged lands under control of the Coast Guard. Sec. 304. Inflationary adjustment for regional citizens’ advisory council. Sec. 305. Coast Guard cutters classification by the American Bureau of Shipping. Sec. 306. Updates to fines and penalties. Sec. 307. Technical amendment; Coast Guard Academy charges and fees for attendance. 2. Secretary defined In this Act, except as otherwise specifically provided, the term Secretary I Prevention 101. Clarification of Coast Guard ice operations mission (a) Coast Guard provision of Federal icebreaking services Chapter 5 section 86 87. Provision of icebreaking services (a) In general Notwithstanding any other provision of law, except as provided in subsection (b), the Coast Guard shall be the sole supplier of icebreaking services, on an advance payment or reimbursable basis, to each Federal agency that requires icebreaking services. (b) Exception In the event that a Federal agency requires icebreaking services and the Coast Guard is unable to provide the services, the Federal agency may acquire icebreaking services from another entity. . (b) Priority of Coast Guard missions in polar regions (1) Section 110 Section 110(b)(2) of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4109(b)(2) (A) by inserting to execute the statutory missions of the Coast Guard and needed (B) by inserting and all budget authority related to such operations projects, (2) Section 312 Section 312(c) of the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2441(c) to execute the statutory missions of the Coast Guard and needed (c) Conforming amendment The table of contents for chapter 5 87. Provision of icebreaking services. . 102. Reactivation of Polar Sea (a) In general Section 222 of the Coast Guard and Maritime Transportation Act of 2012 (126 Stat. 1560), is amended— (1) by amending subsection (d) to read as follows: (d) Reactivation of Polar Sea (1) In general The Secretary shall— (A) develop a service life extension plan for the reactivation of the Polar Sea, including a timetable for that reactivation; and (B) initiate reactivating and extending the service life of the Polar Sea for 7 to 10 years, in accordance with the service life extension plan under subparagraph (A). (2) Utilization of existing resources In the development of the service life extension plan under paragraph (1)(A), the Secretary shall utilize to the greatest extent practicable recent plans, studies, assessments, and analyses regarding the Coast Guard’s icebreakers and high latitude mission needs and operating requirements. (3) Submission The Secretary shall submit the service life extension plan under paragraph (1)(A) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 30 days after the date of its completion. ; and (2) in subsection (e)— (A) by striking Except as provided in subsection (d), the The (B) in paragraph (1), by inserting unless it is necessary for purposes of the service life extension plan under subsection (d), transfer (b) Authorization of appropriations There is authorized to be appropriated for fiscal year 2015 to the Secretary of the department in which the Coast Guard is operating such sums as may be necessary to reactivate and extend the service life of the Coast Guard Cutter Polar Sea (WAGB 11) for 7 to 10 years. 103. Competitive bidding in heavy polar icebreaker design and construction Notwithstanding the requirement of section 3316(a) chapter 15 104. Vessel requirements for notices of arrival and departure and automatic identification system (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall publish a final rule implementing the proposed rule Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System (b) Rule of construction The Secretary shall ensure, with respect to a final rule issued under subsection (a), that any notice of arrival or notice of departure requirement in the final rule applies to vessels in a manner consistent with the regulations promulgated under section 109(a) of the Security and Accountability for Every Port Act of 2006 ( 33 U.S.C. 1223 105. Improved safety information for vessels Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a permitting process by which an operator of a marine exchange or other non-Federal vessel traffic information service may apply for permission to use the automatic identification system to transmit weather, ice, and other important navigation safety information to vessels. 106. Recovery of travel and subsistence costs for prevention services (a) Title 46, United States Code Section 2110 (1) in subsection (c), by inserting appropriate travel and subsistence costs incurred providing a service or thing of value under this subtitle and recover (2) in subsection (d), by inserting at the end the following: (3) Amounts received as reimbursement for appropriate travel and subsistence costs incurred providing a service or thing of value under this section may be credited to the account from which expended. (4) Reimbursement for services provided under this section may include in kind reimbursement for transportation, travel, and subsistence. . (b) Title 14, United States Code Section 664 (1) in subsection (c), by inserting appropriate travel and subsistence costs incurred by the Coast Guard in providing a service or thing of value, for the fee or charge the (2) in subsection (e), by inserting and, as appropriate, for travel and subsistence costs incurred when providing a service or thing of value charge (3) by adding at the end the following: (h) Reimbursement for services provided by the Coast Guard may include in-kind reimbursement for transportation, travel, and subsistence. . II Preparedness and response 201. Commandant; appointment Section 44 The term of an appointment, and any reappointment, shall begin on June 1 of the current year and end four years later on May 31, except that, in the event of death, retirement, resignation, or reassignment, or when the needs of the Service demand, the Secretary may alter the date on which the term begins or ends. 202. Active duty for emergency augmentation of regular forces Section 712(a) (1) by striking another any other (2) by striking prevention of prevention of— (3) by inserting (1) an imminent (4) in paragraph (1), as redesignated, by striking unit. unit; and (5) by inserting at the end the following: (2) a major disaster or emergency (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 . 203. Acquisition workforce expedited hiring authority Section 404(b) of the Coast Guard Authorization Act of 2010 (124 Stat. 2951), as amended by section 218 of the Coast Guard and Maritime Transportation Act of 2012 (126 Stat. 1558), is amended by striking 2015 2017 204. Transmission of annual Coast Guard authorization request (a) In general Title 14, United States Code, is amended by inserting after section 662 the following: 662a. Transmission of annual Coast Guard authorization request (a) In general Not later than 30 days after the date on which the President submits to Congress a budget request for a fiscal year pursuant to section 1105 (b) Coast Guard authorization request defined In this section, the term Coast Guard authorization request (1) recommended end-of-year strengths for active duty personnel and military training student loads for that fiscal year, as described in section 661; (2) recommended authorizations of appropriations for that fiscal year, including with respect to matters described in section 662; and (3) any other matter the Secretary considers appropriate for inclusion in a Coast Guard authorization bill. . (b) Conforming amendment The table of contents for chapter 17 662a. Transmission of annual Coast Guard authorization request. . 205. Interagency Arctic fusion center (a) In general Chapter 7 154. Interagency Arctic fusion center (a) Establishment (1) In general The Secretary is authorized to establish an interagency Arctic fusion center (referred to in this section as the Center (2) Purpose The purpose of the Center shall be to improve maritime domain awareness in the Arctic— (A) by promoting interagency cooperation and coordination; (B) by employing joint, interagency, and international capabilities; and (C) by facilitating the sharing of information, intelligence, and data related to the Arctic maritime domain between the participating agencies and departments under paragraph (3). (3) Participating agencies and departments The Center shall coordinate the participation by and sharing of information, intelligence, and data related to the Arctic maritime domain between the following: (A) the Department of Homeland Security; (B) the Department of Defense; (C) the Department of Transportation; (D) the Department of State; (E) the Department of the Interior; (F) the National Aeronautics and Space Administration; (G) the National Oceanic and Atmospheric Administration; (H) the Environmental Protection Agency; and (I) the National Science Foundation. (b) Organization (1) Staffing and other resources The Secretary and the head of an agency or department under subsection (a)(3) may— (A) by agreement, on a reimbursable basis or otherwise, provide permanent representation to the Center; (B) by agreement, on a reimbursable basis or otherwise, share personnel, services, equipment (including aircraft and vessels), and facilities with the Center for the purpose under subsection (a)(2); and (C) to the extent possible, and consistent with applicable law, extend the authorities provided under their enabling statutes to the other participating departments and agencies in furtherance of the purpose under subsection (a)(2). (2) Budget The Secretary and the head of each participating agency and department under subsection (a)(3), at their discretion, may develop interagency plans and budgets and engage in interagency financing to establish and maintain the Center. (c) Information sharing (1) In general The Secretary and the head of each participating agency and department under subsection (a)(3), to the maximum extent permissible under law, shall share through the Center all applicable information, intelligence, and data related to maritime domain awareness in the Arctic. (2) Collection and use Subject to applicable confidentiality and privacy laws, the Secretary, through the Center, shall oversee and coordinate the collection, storage, analysis, and use of all applicable information, intelligence, and data shared under paragraph (1). (d) 5-Year strategic plan Not later than 180 days after the date that the Center is established under subsection (a), the Secretary shall develop a 5-year strategic plan to guide interagency and international intergovernmental cooperation and coordination for the purpose of improving maritime domain awareness in the Arctic. The Secretary shall update the plan at least once every 5 years thereafter. (e) Definitions In this section— (1) Arctic The term Arctic (2) Maritime domain awareness The term maritime domain awareness . (b) Conforming amendment The table of contents for chapter 7 154. Interagency Arctic fusion center. . 206. Enhanced national response capability (a) In general Section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 (1) in subsection (a)(23)— (A) by striking Unit Functions (B) by striking established maintained (2) in subsection (j)(2), by striking National response unit acting through the National Response Unit National response functions The Secretary of the department in which the Coast Guard is operating— ; and (3) in subsection (j)(4)(C)(vi), by striking , and into operating procedures of the National Response Unit (b) Conforming amendment Section 4202(b) of the Oil Pollution Act of 1990 ( 33 U.S.C. 1321 (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. 207. Forward operating facilities The Secretary is authorized to construct or lease hangar, berthing, and messing facilities in the Arctic Region and Bering Sea-Aleutian Islands operating area. The facilities shall— (1) support aircraft maintenance, including exhaust ventilation, heat, engine wash system, head facilities, fuel, ground support services, and electrical power; (2) provide shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska, for at least 20 years; and (3) provide berthing and messing facilities for maintenance and aircrew personnel. 208. Prompt intergovernmental notice of marine casualties Section 6101 (c) Notice to State and tribal governments (1) Requirement to notify Not later than 1 hour after receiving a report of a marine casualty under this section, the Secretary shall forward the report to the designated official of— (A) each appropriate State agency of a State; and (B) each tribal government of an Indian tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a (2) Designated official Each State and tribal government referred to in paragraph (1) shall identify for the Secretary the designated official to receive a report under paragraph (1). . 209. Prompt publication of oil spill information (a) In general In any response to an oil spill in which the Coast Guard serves as the Federal on-scene coordinator leading a unified command, the Commandant of the Coast Guard shall publish, on a publicly accessible website, all written incident action plans prepared and approved as a part of the response to the oil spill. (b) Timeliness and duration The Commandant of the Coast Guard shall— (1) publish each incident action plan under subsection (a) promptly after the incident action plan is approved for implementation by the unified command, but not later than 12 hours after the beginning of the operational period for which the plan is prepared; and (2) ensure that each incident action plan under subsection (a) remains publicly accessible on the website under subsection (a) for the duration of the response to the applicable oil spill. (c) Redaction of personal information The Commandant may redact information from an incident action plans published under subsection (a) to the extent necessary to comply with applicable privacy laws and other laws regarding the protection of personal information. 210. Coast Guard centers of expertise Section 58(b) (b) Missions A center shall— (1) promote, facilitate, and conduct education, training, and research programs; (2) develop and maintain a repository of information on operations, practices, and resources; and (3) perform and support any mission of the Coast Guard that the Commandant may specify. . 211. Research, development, testing, and evaluation Section 93 (1) in subsection (a)(4), by striking agencies and with private agencies; agencies, private agencies, and, through the Secretary with the concurrence of the Secretary of State, with foreign government agencies; and (2) by adding at the end the following: (f) Equipment, technology, and techniques For the purposes of subsection (a)(4), the Commandant is authorized to possess, use, and consume any personal property or materials of another government agency or a private agency, or a foreign government agency, subject to the conditions regarding foreign government agencies imposed by that subsection, for the purpose of conducting research, development, testing, evaluation, and demonstration of equipment, technology, or a technique. . 212. Area contingency plans Section 311(j)(4) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(4) (1) in subparagraph (A), by inserting , and of tribal governments of Indian tribes (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 429a and local agencies (2) in subparagraph (B)(ii)— (A) by striking and local , local, and tribal (B) by striking wildlife; wildlife, including advance planning with respect to the closing and reopening of fishing grounds following a discharge; (3) in subparagraph (B)(iii), by striking and local , local, and tribal (4) in subparagraph (C)— (A) in clause (iv), by inserting and tribal governments of Indian tribes local agencies, (B) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and (C) by inserting after clause (vi) the following: (vii) develop a framework for advance planning and decisionmaking with respect to the closing and reopening of fishing grounds following a discharge, including protocols and standards for the closing and reopening of fishing areas; . 213. Coast Guard response plan requirements (a) Response plan updates (1) In general The Secretary shall require that a response plan that is approved by the Coast Guard be updated at least once every 5 years. (2) Best commercially available technology Each update under paragraph (1) shall incorporate the best commercially available technology and methods to contain and remove, to the maximum extent practicable, a worst case discharge, including a discharge resulting from fire or explosion, and to mitigate or prevent a substantial threat of such a discharge. (3) Technology standards The Secretary may establish requirements and guidance for utilizing the best commercially available technology and methods. The technology and methods shall be based on measurable standards and capabilities, and planning criteria, whenever practicable. (b) Vessel response plan contents The Secretary shall require that each vessel response plan prepared for a mobile offshore drilling unit include information from the facility response plan prepared for the mobile offshore drilling unit regarding the planned response to a worst case discharge, and to a threat of such a discharge. (c) Definitions In this section: (1) Mobile offshore drilling unit The term mobile offshore drilling unit (2) Response plan The term response plan (3) Worst case discharge The term worst case discharge 214. Protection and fair treatment of seafarers (a) In general Chapter 111 11113. Protection and fair treatment of seafarers (a) Purpose The purpose of this section shall be to ensure the protection and fair treatment of seafarers. (b) Special fund (1) Establishment There is established in the Treasury a special fund known as the Support of Seafarers Fund. (2) Use of amounts in fund The amounts deposited into the Fund shall be available to the Secretary, without fiscal year limitation— (A) to pay necessary support under subsection (c)(1); and (B) to reimburse a shipowner for necessary support under subsection (c)(2). (3) Amounts credited to fund Notwithstanding any other provision of law, the Fund may receive— (A) any moneys ordered to be paid to the Fund in the form of community service under section 8B1.3 of the United States Sentencing Guidelines Manual or to the extent permitted under paragraph (4); and (B) amounts reimbursed or recovered under subsection (e). (4) Prerequisite for community service credits The Fund may receive credits under paragraph (3)(A) if the unobligated balance of the Fund is less than $5,000,000. (5) Authorization of appropriation There is authorized to be appropriated, from the Fund, for each fiscal year such sums as may be necessary for the purposes set forth in paragraph (2). (6) Report required (A) In general The Secretary shall submit to Congress, concurrent with the President's budget submission for a given fiscal year, a report that describes— (i) the amounts credited to the Fund under paragraph (3) for the preceding fiscal year; (ii) in detail, the activities for which amounts were charged; and (iii) the projected level of expenditures from the Fund for the upcoming fiscal year, based on— (I) on-going activities; and (II) new cases, derived from historic data. (B) Exception Subparagraph (A) shall not apply to obligations during the first fiscal year during which amounts are credited to the Fund. (7) Fund manager The Secretary shall designate a Fund manager who shall— (A) ensure the visibility and accountability of transactions utilizing the Fund; (B) prepare the report under paragraph (6); (C) monitor the unobligated balance of the Fund; and (D) provide notice to the Secretary and the Attorney General whenever the unobligated balance of the Fund is less than $5,000,000. (c) Authority The Secretary may— (1) pay, from amounts appropriated from the Fund, necessary support of— (A) a seafarer that— (i) enters, remains, or is paroled into the United States; and (ii) is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard; and (B) a seafarer that the Secretary determines was abandoned in the United States; and (2) reimburse, from amounts appropriated from the Fund, a shipowner that has provided necessary support of a seafarer who has been paroled into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard, for the costs of necessary support if the Secretary determines that reimbursement is necessary to avoid serious injustice. (d) Limitation Nothing in this section shall be construed— (1) to create a right, benefit, or entitlement to necessary support; or (2) to compel the Secretary to pay or reimburse the cost of necessary support. (e) Reimbursement; recovery (1) In general A shipowner shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of a seafarer plus a surcharge of 25 percent of the total amount if— (A) the shipowner— (i) during the course of an investigation, reporting, documentation, or adjudication of any matter that the Coast Guard referred to a United States Attorney or the Attorney General, fails to provide necessary support of a seafarer who was paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication; and (ii) subsequently receives a criminal penalty; or (B) the shipowner, under any circumstance, abandons a seafarer in the United States, as determined by the Secretary. (2) Enforcement If a shipowner fails to reimburse the Fund under paragraph (1), the Secretary may— (A) proceed in rem against any vessel of the shipowner in the Federal district court for the district in which the vessel is found; and (B) withhold or revoke the clearance required under section 60105 of any vessel of the shipowner wherever the vessel is found. (3) Remedy A vessel may obtain clearance from the Secretary after it is withheld or revoked under paragraph (2)(B) if the shipowner reimburses the Fund the amount required under paragraph (1). (f) Bond and surety (1) Authority The Secretary may require a bond or a surety satisfactory as an alternative to withholding or revoking clearance under subsection (e) if, in the opinion of the Secretary, the bond or surety satisfactory is necessary to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard. (2) Surety corporations A surety corporation may provide a bond or surety satisfactory under paragraph (1) if the surety corporation is authorized by the Secretary of the Treasury under section 9305 of title 31 to provide surety bonds under section 9304 (3) Application The authority to require a bond or surety satisfactory or to request the withholding or revocation of the clearance under subsection (e) applies to any investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard. (g) Definitions In this section: (1) Abandons; abandoned The term abandons abandoned (A) a shipowner's unilateral severance of ties with a seafarer; or (B) a shipowner's failure to provide necessary support of a seafarer. (2) Fund The term Fund (3) Necessary support The term necessary support (4) Seafarer The term seafarer (5) Shipowner The term shipowner (6) Vessel subject to the jurisdiction of the United States The term vessel subject to the jurisdiction of the United States (A) a vessel— (i) that is owned by the United States, a State or political subdivision thereof, or a foreign nation; and (ii) that is not engaged in commerce; and (B) a bareboat— (i) that is chartered and operated by the United States, a State or political subdivision thereof, or a foreign nation; and (ii) that is not engaged in commerce. (h) Regulations The Secretary may prescribe regulations to implement this section. . (b) Conforming amendment The table of contents for chapter 111 11113. Protection and fair treatment of seafarers. . (c) Authorization of appropriations There is authorized to be appropriated to the Support of Seafarers Fund $1,500,000 for each of fiscal years 2014 and 2015. III Miscellaneous 301. Waiver Notwithstanding sections 12112 and 12132 and chapter 551 302. Transportation of oil from Arctic outer continental shelf lands Section 5 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334 (k) Oil transportation in Arctic waters The Secretary shall— (1) require that oil produced from Federal leases in Arctic waters in the Chukchi Sea planning area, Beaufort Sea planning area, or Hope Basin planning area be transported by pipeline to onshore facilities; and (2) provide for, and issue appropriate permits for, the transportation of oil from Federal leases in Arctic waters in preproduction phases (including exploration) by means other than pipeline. . 303. Lease of tidelands and submerged lands under control of the Coast Guard Section 93 (g) Lease of tidelands and submerged lands (1) Exception from maximum lease term Notwithstanding subsection (a)(13), a lease described in paragraph (2) may be for such term in excess of 5 years as the Commandant considers appropriate. (2) Lease described A lease referred to in paragraph (1) is a lease of the following: (A) Tidelands under the control of the Coast Guard. (B) Submerged lands under the control of the Coast Guard. . 304. Inflationary adjustment for regional citizens’ advisory council Section 5002(k)(3) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2732(k)(3) more than $1,000,000 less than $1,400,000 305. Coast Guard cutters classification by the American Bureau of Shipping Section 573(c)(3) (1) by striking (A) In general (2) by striking before final acceptance Shipping 306. Updates to fines and penalties (a) Aids to navigation and false distress messages Chapter 5 (1) in section 83, by striking $100 $1,500 (2) in section 84, by striking $500 $5,000 (3) in section 85, by striking $100 $1,500 (4) in section 88(c)(2), by striking $5,000 $10,000 (b) Coast Guard ensigns and pennants Section 638(b) $5,000 $50,000 (c) Unauthorized use of words Coast Guard Section 639 $1,000 $10,000 307. Technical amendment; Coast Guard Academy charges and fees for attendance Section 197(b) of Homeland Security

Coast Guard Arctic Preparedness Act

Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 - Amends laws governing the ability of Indian tribes to develop energy resources located on tribal lands Title I: Indian Tribal Energy Development and Self-Determination Act Amendments - (Sec. 101) Amends the Energy Policy Act of 1992 to require the Department of the Interior to: (1) consult with an Indian tribe before adopting or approving a well spacing program that affects its energy resources, (2) provide tribes with technical assistance in planning their energy resource development programs, and (3) work with the Office of Indian Energy Policy and Programs of the Department of Energy (DOE) in establishing the Indian energy resource development program. Makes intertribal organizations eligible for DOE Indian Energy Education Planning and Management Assistance Program grants to manage energy development and efficiency programs. Makes tribal energy development organizations eligible for DOE energy development loan guarantees. (Sec. 102) Requires Interior to make scientific and technical information and expertise available to tribal energy development organizations (in addition to Indian tribes) when issuing energy resource development grants. (Sec. 103) Amends provisions relating to tribal energy resource agreements. States that leases or business agreements entered into by tribes for energy resource development may include construction or operation of facilities that: (1) produce electricity from renewable resources located on tribal land, or (2) process or refine energy resources if a portion has been developed on or produced from tribal land. Allows leases and business agreements that pool, unitize, or communitize a tribe's energy resources with energy resources of other parties. Provides that a lease or business agreement between the Indian tribe and a tribal energy development organization, that is majority owned and controlled by the Indian tribe does not require review and approval by Interior if the lease or business agreement was executed in accordance with specified procedures and does not exceed 30 years or 10 years for an oil and gas lease if oil and gas is produced in paying quantities. Provides that rights-of-way granted by Indian tribes: (1) may include facilities that produce electricity from renewable resources, and (2) do not require review or approval by Interior if specified conditions are met. Alters the process and conditions for Interior's approval of tribal energy resource agreements. Requires Interior to disapprove the agreement only if: (1) the tribe has failed to demonstrate capacity, (2) the agreement would violate federal law or a treaty of the Indian tribe, or (3) the agreement fails to include provisions required by law, such as establishing an environmental review process or allowing for periodic reviews by Interior. Revises the process for determining tribal capacity for an agreement. Requires Interior to determine whether the tribe has sufficient capacity to regulate the development of one or more of the specific energy resources identified for development under the agreement. Requires Interior to consider Indian tribes to have demonstrated capacity if: (1) the tribe has successfully carried out a contract or compact under the Indian Self-Determination and Education Assistance Act for three consecutive years involving the management of the environment, tribal land, realty, or natural resources; (2) the tribe has carried out approval of surface leases under the Long-Term Leasing Act without a finding of a compliance violation; or (3) Interior fails to make a determination within the required time period. States that a tribe may determine any mitigation measures required for an agreement and permits a tribe to identify categorical exclusions from the environmental review process. Revises the process for interested parties to challenge a tribe's compliance with an agreement. Requires the party to demonstrate with substantial evidence that the party would sustain an adverse environmental impact due to a tribe's noncompliance with an agreement. Authorizes a tribe to amend an agreement to assume authority over another energy resource and requires Interior to promulgate regulations implementing the process and requirements for the amendment. Requires Interior to provide funding to tribes in an amount equal to savings the United States will realize as a result of the tribe carrying out the agreement. Sets forth certification requirements for tribal energy development organizations. (Sec. 104) Directs DOE to collaborate with the Directors of the National Laboratories in making the full array of DOE technical and scientific resources available for tribal energy activities and projects. (Sec. 106) Amends the Energy Policy and Conservation Act to direct DOE to award competitive grants to assist Indian tribes in implementing strategies to: (1) develop alternative and renewable energy resources and, (2) increase energy efficiency. Gives priority to projects that: (1) increase energy efficiency and conservation, rather than generate new energy; (2) integrate cost-effective renewable energy with energy efficiency; (3) are ready for implementation; (4) clearly articulate and demonstrate the ability to achieve measurable goals; (5) have the potential to make an impact in the government buildings, infrastructure, communities, and land of a tribe; and (6) maximize the creation or retention of jobs on Indian land. Title II: Miscellaneous Amendments - (Sec. 201) Amends the Federal Power Act to provide Indian tribes with the preferences that states and municipalities currently receive when preliminary permits or original licenses are issued for hydroelectric projects. (Sec. 202) Amends the Tribal Forest Protection Act of 2004 to establish a biomass demonstration project for federally recognized Indian tribes and Alaska Native corporations to promote biomass energy production. Specifies procedures and requirements for the projects. (Sec. 203) Amends the Energy Conservation and Production Act to provide weatherization grants directly to Indian tribes. (Sec. 204) Amends the Energy Policy Act of 1992 to allow Interior, an affected Indian tribe, or a certified third-party appraiser to appraise Indian mineral or energy resources involved in a transaction requiring Interior's approval. Requires Interior to review and accept or reject the appraisal within 45 days. (Sec. 205) Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into a lease for the exploration, development, or extraction of any mineral resources without the approval of Interior, if the lease is executed under tribal regulations approved by Interior and meets specified term limits. Authorizes the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without Interior's approval if the leases are executed under tribal regulations approved by Interior. (Currently, the leases may not exceed 25 years but may include an option to renew for up to 2 additional terms, neither of which may exceed 25 years.) (Sec. 206) Allows the Crow Tribe of Montana to enter into leases on its restricted land for a term of up to 99 years. (Sec. 207) Requires Interior, at the request of an Indian tribe or individual Indian, to hold in trust any advance payments, bid deposits, or other earnest money received in connection with the review and approval of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian.

113 S2132 IS: Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2132 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mr. Barrasso Mr. Hoeven Mr. McCain Mr. Thune Mr. Enzi Committee on Indian Affairs A BILL To amend the Indian Tribal Energy Development and Self-Determination Act of 2005, and for other purposes. 1. Short title This Act may be cited as the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Indian tribal energy development and self-determination act amendments Sec. 101. Indian tribal energy resource development. Sec. 102. Indian tribal energy resource regulation. Sec. 103. Tribal energy resource agreements. Sec. 104. Technical assistance for Indian tribal governments. Sec. 105. Conforming amendments. TITLE II—Miscellaneous amendments Sec. 201. Issuance of preliminary permits or licenses. Sec. 202. Tribal biomass demonstration project. Sec. 203. Weatherization program. Sec. 204. Appraisals. Sec. 205. Leases of restricted lands for Navajo Nation. I Indian tribal energy development and self-determination act amendments 101. Indian tribal energy resource development (a) In general Section 2602(a) of the Energy Policy Act of 1992 (25 U.S.C. 3502(a)) is amended— (1) in paragraph (2)— (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: (E) consult with each applicable Indian tribe before adopting or approving a well spacing program or plan applicable to the energy resources of that Indian tribe or the members of that Indian tribe. ; and (2) by adding at the end the following: (4) Planning (A) In general In carrying out the program established by paragraph (1), the Secretary shall provide technical assistance to interested Indian tribes to develop energy plans, including— (i) plans for electrification; (ii) plans for oil and gas permitting, renewable energy permitting, energy efficiency, electricity generation, transmission planning, water planning, and other planning relating to energy issues; (iii) plans for the development of energy resources and to ensure the protection of natural, historic, and cultural resources; and (iv) any other plans that would assist an Indian tribe in the development or use of energy resources. (B) Cooperation In establishing the program under paragraph (1), the Secretary shall work in cooperation with the Office of Indian Energy Policy and Programs of the Department of Energy. . (b) Department of Energy Indian energy education planning and management assistance program Section 2602(b)(2) of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(2)) is amended— (1) in the matter preceding subparagraph (A), by inserting , intertribal organization, Indian tribe (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (3) by inserting after subparagraph (B) the following: (C) activities to increase the capacity of Indian tribes to manage energy development and energy efficiency programs; . (c) Department of Energy loan guarantee program Section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) (1) in paragraph (1), by inserting or a tribal energy development organization Indian tribe (2) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking guarantee guaranteed (B) in subparagraph (A), by striking or (C) in subparagraph (B), by striking the period at the end and inserting ; or (D) by adding at the end the following: (C) a tribal energy development organization, from funds of the tribal energy development organization. ; and (3) in paragraph (5), by striking The Secretary of Energy may Not later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 102. Indian tribal energy resource regulation Section 2603(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3503(c) (1) in paragraph (1), by striking on the request of an Indian tribe, the Indian tribe on the request of an Indian tribe or a tribal energy development organization, the Indian tribe or tribal energy development organization (2) in paragraph (2)(B), by inserting or tribal energy development organization Indian tribe 103. Tribal energy resource agreements (a) Amendment Section 2604 of the Energy Policy Act of 1992 ( 25 U.S.C. 3504 (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B)— (I) by striking clause (i) and inserting the following: (i) an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land; or ; and (II) in clause (ii)— (aa) by inserting , at least a portion of which have been energy resources (bb) by inserting or produced from developed on (cc) by striking and or (iii) by adding at the end the following: (C) pooling, unitization, or communitization of the energy mineral resources of the Indian tribe located on tribal land with any other energy mineral resource (including energy mineral resources owned by the Indian tribe or an individual Indian in fee, trust, or restricted status or by any other persons or entities) if the owner of the resources has consented or consents to the pooling, unitization, or communitization of the other resources under any lease or agreement; and ; and (B) by striking paragraph (2) and inserting the following: (2) a lease or business agreement described in paragraph (1) shall not require review by, or the approval of, the Secretary under section 2103 of the Revised Statutes (25 U.S.C. 81), or any other provision of law, if the lease or business agreement— (A) was executed— (i) in accordance with the requirements of a tribal energy resource agreement in effect under subsection (e) (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to subparagraphs (D) and (E) of subsection (e)(2)); or (ii) by the Indian tribe and a tribal energy development organization— (I) for which the Indian tribe has obtained certification pursuant to subsection (h); and (II) the majority of the interest in which is, and continues to be throughout the full term or renewal term (if any) of the lease or business agreement, owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); and (B) has a term that does not exceed— (i) 30 years; or (ii) in the case of a lease for the production of oil resources, gas resources, or both, 10 years and as long thereafter as oil or gas is produced in paying quantities. ; (2) by striking subsection (b) and inserting the following: (b) Rights-of-Way An Indian tribe may grant a right-of-way over tribal land without review or approval by the Secretary if the right-of-way— (1) serves— (A) an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land; (B) a facility located on tribal land that extracts, produces, processes, or refines energy resources; or (C) the purposes, or facilitates in carrying out the purposes, of any lease or agreement entered into for energy resource development on tribal land; and (2) was executed— (A) in accordance with the requirements of a tribal energy resource agreement in effect under subsection (e) (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to subparagraphs (D) and (E) of subsection (e)(2)); or (B) by the Indian tribe and a tribal energy development organization— (i) for which the Indian tribe has obtained certification pursuant to subsection (h); and (ii) the majority of the interest in which is, and continues to be throughout the full term or renewal term (if any) of the right-of-way, owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); and (3) has a term that does not exceed 30 years. ; (3) by striking subsection (d) and inserting the following: (d) Validity No lease or business agreement entered into, or right-of-way granted, pursuant to this section shall be valid unless the lease, business agreement, or right-of-way is authorized by subsection (a) or (b). ; (4) in subsection (e)— (A) in paragraph (2)— (i) by striking (2)(A) (2) Procedure (A) Effective date (i) In general On the date that is 271 days after the date on which the Secretary receives a tribal energy resource agreement from an Indian tribe under paragraph (1), the tribal energy resource agreement shall take effect, unless the Secretary disapproves the tribal energy resource agreement under subparagraph (B). (ii) Revised tribal energy resource agreement On the date that is 91 days after the date on which the Secretary receives a revised tribal energy resource agreement from an Indian tribe under paragraph (4)(B), the revised tribal energy resource agreement shall take effect, unless the Secretary disapproves the revised tribal energy resource agreement under subparagraph (B). ; (ii) in subparagraph (B)— (I) by striking (B) if— (B) Disapproval The Secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph (1) or (4)(B) only if— ; (II) by striking clause (i) and inserting the following: (i) the Secretary determines that the Indian tribe has not demonstrated that the Indian tribe has sufficient capacity to regulate the development of the specific 1 or more energy resources identified for development under the tribal energy resource agreement submitted by the Indian tribe; ; (III) by redesignating clause (iii) as clause (iv) and indenting appropriately; (IV) by striking clause (ii) and inserting the following: (ii) a provision of the tribal energy resource agreement would violate applicable Federal law (including regulations) or a treaty applicable to the Indian tribe; (iii) the tribal energy resource agreement does not include 1 or more provisions required under subparagraph (D); or ; and (V) in clause (iv) (as redesignated by subclause (III))— (aa) in the matter preceding subclause (I), by striking includes section— does not include provisions that, with respect to any lease, business agreement, or right-of-way to which the tribal energy resource agreement applies— (bb) in subclause (XVI)(bb), by striking or tribal (iii) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting the approval of with respect to (II) by striking clause (ii) and inserting the following: (ii) the identification of mitigation measures, if any, that, in the discretion of the Indian tribe, the Indian tribe might propose for incorporation into the lease, business agreement, or right-of-way; ; (III) in clause (iii)(I), by striking proposed action approval of the lease, business agreement, or right-of-way (IV) in clause (iv), by striking and (V) in clause (v), by striking the period at the end and inserting ; and (VI) by adding at the end the following: (vi) the identification of specific classes or categories of actions, if any, determined by the Indian tribe not to have significant environmental effects. ; (iv) in subparagraph (D)(ii), by striking subparagraph (B)(iii)(XVI) subparagraph (B)(iv)(XV) (v) by adding at the end the following: (F) A tribal energy resource agreement that takes effect pursuant to this subsection shall remain in effect to the extent any provision of the tribal energy resource agreement is consistent with applicable Federal law (including regulations), unless the tribal energy resource agreement is— (i) rescinded by the Secretary pursuant to paragraph (7)(D)(iii)(II); or (ii) voluntarily rescinded by the Indian tribe pursuant to the regulations promulgated under paragraph (8)(B) (or successor regulations). (G) (i) The Secretary shall make a capacity determination under subparagraph (B)(i) not later than 120 days after the date on which the Indian tribe submits to the Secretary the tribal energy resource agreement of the Indian tribe pursuant to paragraph (1), unless the Secretary and the Indian tribe mutually agree to an extension of the time period for making the determination. (ii) Any determination that the Indian tribe lacks the requisite capacity shall be treated as a disapproval under paragraph (4) and, not later than 10 days after the date of the determination, the Secretary shall provide to the Indian tribe— (I) a detailed, written explanation of each reason for the determination; and (II) a description of the steps that the Indian tribe should take to demonstrate sufficient capacity. (H) Notwithstanding any other provision of this section, an Indian tribe shall be considered to have demonstrated sufficient capacity under subparagraph (B)(i) to regulate the development of the specific 1 or more energy resources of the Indian tribe identified for development under the tribal energy resource agreement submitted by the Indian tribe pursuant to paragraph (1) if— (i) the Secretary determines that— (I) the Indian tribe has carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and (II) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the tribal energy resource agreement of the Indian tribe pursuant to paragraph (1) or (4)(B), the contract or compact— (aa) has been carried out by the Indian tribe without material audit exceptions (or without any material audit exceptions that were not corrected within the 3-year period); and (bb) has included programs or activities relating to the management of tribal land; or (ii) the Secretary fails to make the determination within the time allowed under subparagraph (G)(i) (including any extension of time agreed to under that subparagraph). ; (B) in paragraph (4), by striking date of disapproval date of disapproval, provide the Indian tribe with— (A) a detailed, written explanation of— (i) each reason for the disapproval; and (ii) the revisions or changes to the tribal energy resource agreement necessary to address each reason; and (B) an opportunity to revise and resubmit the tribal energy resource agreement. ; (C) in paragraph (6)— (i) in subparagraph (B)— (I) by striking (B) Subject to (B) Subject only to ; and (II) by striking subparagraph (D) subparagraphs (C) and (D) (ii) in subparagraph (C), in the matter preceding clause (i), by inserting to perform the obligations of the Secretary under this section and to ensure (iii) in subparagraph (D), by adding at the end the following: (iii) Nothing in this section absolves, limits, or otherwise affects the liability, if any, of the United States for any— (I) term of any lease, business agreement, or right-of-way under this section that is not a negotiated term; or (II) losses that are not the result of a negotiated term, including losses resulting from the failure of the Secretary to perform an obligation of the Secretary under this section. ; and (D) in paragraph (7)— (i) in subparagraph (A), by striking has demonstrated the Secretary determines has demonstrated with substantial evidence (ii) in subparagraph (B), by striking any tribal remedy all remedies (if any) provided under the laws of the Indian tribe (iii) in subparagraph (D)— (I) in clause (i), by striking determine determine— (I) whether the petitioner is an interested party; and (II) if the petitioner is an interested party, whether the Indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition. ; (II) in clause (ii), by striking determination determinations (III) in clause (iii), in the matter preceding subclause (I) by striking agreement , including agreement pursuant to clause (i), the Secretary shall only take such action as the Secretary determines necessary to address the claims of noncompliance made in the petition, including (iv) in subparagraph (E)(i), by striking the manner in which , with respect to each claim made in the petition, how (v) by adding at the end the following: (G) Notwithstanding any other provision of this paragraph, the Secretary shall dismiss any petition from an interested party that has agreed with the Indian tribe to a resolution of the claims presented in the petition of that party. ; (5) by redesignating subsection (g) as subsection (j); and (6) by inserting after subsection (f) the following: (g) Financial assistance in lieu of activities by the Secretary (1) In general Any amounts that the Secretary would otherwise expend to operate or carry out any program, function, service, or activity (or any portion of a program, function, service, or activity) of the Department that, as a result of an Indian tribe carrying out activities under a tribal energy resource agreement, the Secretary does not expend, the Secretary shall, at the request of the Indian tribe, make available to the Indian tribe in accordance with this subsection. (2) Annual funding agreements The Secretary shall make the amounts described in paragraph (1) available to an Indian tribe through an annual written funding agreement that is negotiated and entered into with the Indian tribe that is separate from the tribal energy resource agreement. (3) Effect of appropriations Notwithstanding paragraph (1)— (A) the provision of amounts to an Indian tribe under this subsection is subject to the availability of appropriations; and (B) the Secretary shall not be required to reduce amounts for programs, functions, services, or activities that serve any other Indian tribe to make amounts available to an Indian tribe under this subsection. (4) Determination (A) In general The Secretary shall calculate the amounts under paragraph (1) in accordance with the regulations adopted under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (B) Applicability The effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by— (i) a delay in the promulgation of regulations under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (ii) the period of time needed by the Secretary to make the calculation required under paragraph (1); or (iii) the adoption of a funding agreement under paragraph (2). (h) Certification of tribal energy development organization (1) In general Not later than 90 days after the date on which an Indian tribe submits an application for certification of a tribal energy development organization in accordance with regulations promulgated under section 103(b) of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (2) Requirements The Secretary shall approve an application for certification if— (A) (i) the Indian tribe has carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); and (ii) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application, the contract or compact— (I) has been carried out by the Indian tribe without material audit exceptions (or without any material audit exceptions that were not corrected within the 3-year period); and (II) has included programs or activities relating to the management of tribal land; and (B) (i) the tribal energy development organization is organized under the laws of the Indian tribe and subject to the jurisdiction and authority of the Indian tribe; (ii) the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); and (iii) the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and 1 or more other Indian tribes) own and control at all times a majority of the interest in the tribal energy development organization. (3) Action by Secretary If the Secretary approves an application for certification pursuant to paragraph (2), the Secretary shall, not more than 10 days after making the determination— (A) issue a certification stating that— (i) the tribal energy development organization is organized under the laws of the Indian tribe and subject to the jurisdiction and authority of the Indian tribe; (ii) the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and 1 or more other Indian tribes); (iii) the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and 1 or more other Indian tribes) own and control at all times a majority of the interest in the tribal energy development organization; and (iv) the certification is issued pursuant this subsection; (B) deliver a copy of the certification to the Indian tribe; and (C) publish the certification in the Federal Register. (i) Sovereign immunity Nothing in this section waives the sovereign immunity of an Indian tribe. . (b) Regulations Not later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (1) section 2604(g) of the Energy Policy Act of 1992 ( 25 U.S.C. 3504(g) (A) identify the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) that the Secretary will not have to operate or carry out as a result of the Indian tribe carrying out activities under a tribal energy resource agreement; (B) identify the amounts that the Secretary would have otherwise expended to operate or carry out each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to subparagraph (A); and (C) provide to the Indian tribe a list of the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) identified pursuant subparagraph (A) and the amounts associated with each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to subparagraph (B); and (2) section 2604(h) of the Energy Policy Act of 1992 ( 25 U.S.C. 3504(h) 104. Technical assistance for Indian tribal governments Section 2602(b) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(b) (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (2) by inserting after paragraph (2) the following: (3) Technical and scientific resources In addition to providing grants to Indian tribes under this subsection, the Secretary shall collaborate with the Directors of the National Laboratories in making the full array of technical and scientific resources of the Department of Energy available for tribal energy activities and projects. . 105. Conforming amendments (a) Definition of tribal energy development organization Section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 (11) The term tribal energy development organization (A) any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe (including an organization incorporated pursuant to section 17 of the Indian Reorganization Act of 1934 ( 25 U.S.C. 477 25 U.S.C. 503 Oklahoma Indian Welfare Act (B) any organization of 2 or more entities, at least 1 of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under section 2602 or to enter into a lease or business agreement with, or acquire a right-of-way from, an Indian tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of section 2604. . (b) Indian tribal energy resource development Section 2602 of the Energy Policy Act of 1992 ( 25 U.S.C. 3502 (1) in subsection (a)— (A) in paragraph (1), by striking tribal energy resource development organizations tribal energy development organizations (B) in paragraph (2), by striking tribal energy resource development organizations tribal energy development organizations (2) in subsection (b)(2), by striking tribal energy resource development organization tribal energy development organization (c) Wind and hydropower feasibility study Section 2606(c)(3) of the Energy Policy Act of 1992 ( 25 U.S.C. 3506(c)(3) energy resource development energy development (d) Conforming amendments Section 2604(e) of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)) is amended— (1) in paragraph (1)— (A) by striking (1) On the date (1) In general On the date ; and (B) by striking for approval (2) in paragraph (2)(B)(iv) (as redesignated by section 4(a)(4)(A)(ii)(III))— (A) in subclause (XIV), by inserting and (B) by striking subclause (XV); and (C) by redesignating subclause (XVI) as subclause (XV); (3) in paragraph (3)— (A) by striking (3) The Secretary (3) Notice and comment; Secretarial review The Secretary ; and (B) by striking for approval (4) in paragraph (4), by striking (4) If the Secretary (4) Action in case of disapproval If the Secretary ; (5) in paragraph (5)— (A) by striking (5) If an Indian tribe (5) Provision of documents to Secretary If an Indian tribe ; and (B) in the matter preceding subparagraph (A), by striking approved in effect (6) in paragraph (6)— (A) by striking (6)(A) In carrying out (6) Secretarial obligations and effect of section (A) In carrying out ; (B) in subparagraph (A), by indenting clauses (i) and (ii) appropriately; (C) in subparagraph (B), by striking approved in effect (D) in subparagraph (D)— (i) in clause (i), by striking an approved tribal energy resource agreement a tribal energy resource agreement in effect under this section (ii) in clause (ii), by striking approved by the Secretary in effect (7) in paragraph (7)— (A) by striking (7)(A) In this paragraph (7) Petitions by interested parties (A) In this paragraph ; (B) in subparagraph (A), by striking approved by the Secretary in effect (C) in subparagraph (B), by striking approved by the Secretary in effect (D) in subparagraph (D)(iii)— (i) in subclause (I), by striking approved (ii) in subclause (II)— (I) by striking approval of (II) by striking subsection (a) or (b) subsection (a)(2)(A)(i) or (b)(2)(A) II Miscellaneous amendments 201. Issuance of preliminary permits or licenses (a) In general Section 7(a) of the Federal Power Act ( 16 U.S.C. 800(a) States and municipalities States, Indian tribes, and municipalities (b) Applicability The amendment made by subsection (a) shall not affect— (1) any preliminary permit or original license issued before the date of enactment of the Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (2) an application for an original license, if the Commission has issued a notice accepting that application for filing pursuant to section 4.32(d) Indian Tribal Energy Development and Self-Determination Act Amendments of 2014 (c) Definition of Indian tribe For purposes of section 7(a) of the Federal Power Act ( 16 U.S.C. 800(a) Indian tribe 25 U.S.C. 450b 202. Tribal biomass demonstration project (a) Purpose The purpose of this section is to establish a biomass demonstration project for federally recognized Indian tribes and Alaska Native corporations to promote biomass energy production. (b) Tribal biomass demonstration project The Tribal Forest Protection Act of 2004 ( Public Law 108–278 (1) in section 2(a), by striking In this section In this Act (2) by adding at the end the following: 3. Tribal biomass demonstration project (a) Stewardship contracts or similar agreements For each of fiscal years 2015 through 2019, the Secretary shall enter into stewardship contracts or similar agreements (excluding direct service contracts) with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land. (b) Demonstration projects In each fiscal year for which projects are authorized, at least 4 new demonstration projects that meet the eligibility criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a). (c) Eligibility criteria To be eligible to enter into a contract or agreement under this section, an Indian tribe shall submit to the Secretary an application— (1) containing such information as the Secretary may require; and (2) that includes a description of— (A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and (B) the demonstration project proposed to be carried out by the Indian tribe. (d) Selection In evaluating the applications submitted under subsection (c), the Secretary shall— (1) take into consideration— (A) the factors set forth in paragraphs (1) and (2) of section 2(e); and (B) whether a proposed project would— (i) increase the availability or reliability of local or regional energy; (ii) enhance the economic development of the Indian tribe; (iii) result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; (iv) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; (v) demonstrate new investments in infrastructure; or (vi) otherwise promote the use of woody biomass; and (2) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. (e) Implementation The Secretary shall— (1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and (2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section. (f) Report Not later than September 20, 2017, the Secretary shall submit to Congress a report that describes, with respect to the reporting period— (1) each individual tribal application received under this section; and (2) each contract and agreement entered into pursuant to this section. (g) Incorporation of management plans In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the maximum extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. (h) Term A contract or agreement entered into under this section— (1) shall be for a term of not more than 20 years; and (2) may be renewed in accordance with this section for not more than an additional 10 years. . (c) Alaska Native Corporation biomass demonstration project (1) Definitions In this subsection: (A) Alaska Native corporation The term Alaska Native corporation Native Corporation 43 U.S.C. 1602 (B) Federal land The term Federal land (i) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) (ii) public lands (as defined in section 103 of the Federal Land Policy Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (C) Forest land The term forest land (i) is conveyed to an Alaska Native corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (ii) (I) is considered chiefly valuable for the production of forest products or to maintain watershed or other land values enhanced by a forest cover (including commercial and noncommercial timberland and woodland), regardless of whether a formal inspection and land classification action has been taken; or (II) formerly had a forest or vegetative cover that is capable of restoration. (D) Secretary The term Secretary (i) the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and (ii) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management. (2) Agreements For each of fiscal years 2015 through 2019, the Secretary shall enter into a stewardship contract or similar agreement (excluding a direct service contract) with 1 or more Alaska Native corporations to carry out a demonstration project to promote biomass energy production (including biofuel, heat, and electricity generation) on forest land of the Alaska Native corporations and in nearby communities by providing reliable supplies of woody biomass from Federal land. (3) Demonstration projects In each fiscal year for which projects are authorized, at least 1 new demonstration project that meets the eligibility criteria described in paragraph (4) shall be carried out under contracts or agreements described in paragraph (2). (4) Eligibility criteria To be eligible to enter into a contract or agreement under this subsection, an Alaska Native corporation shall submit to the Secretary an application— (A) containing such information as the Secretary may require; and (B) that includes a description of— (i) the forest land or rangeland under the jurisdiction of the Alaska Native corporation; and (ii) the demonstration project proposed to be carried out by the Alaska Native corporation. (5) Selection In evaluating the applications submitted under paragraph (4), the Secretary shall— (A) take into consideration whether a proposed project would— (i) increase the availability or reliability of local or regional energy; (ii) enhance the economic development of the Alaska Native corporation; (iii) result in or improve the connection of electric power transmission facilities serving the Alaska Native corporation with other electric transmission facilities; (iv) improve the forest health or watersheds of Federal land or Alaska Native corporation forest land or rangeland; (v) demonstrate new investments in infrastructure; or (vi) otherwise promote the use of woody biomass; and (B) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. (6) Implementation The Secretary shall— (A) ensure that the criteria described in paragraph (4) are publicly available by not later than 120 days after the date of enactment of this subsection; and (B) to the maximum extent practicable, consult with Alaska Native corporations and appropriate Alaska Native organizations likely to be affected in developing the application and otherwise carrying out this subsection. (7) Report Not later than September 20, 2017, the Secretary shall submit to Congress a report that describes, with respect to the reporting period— (A) each individual application received under this subsection; and (B) each contract and agreement entered into pursuant to this subsection. (8) Term A contract or agreement entered into under this subsection— (A) shall be for a term of not more than 20 years; and (B) may be renewed in accordance with this subsection for not more than an additional 10 years. 203. Weatherization program Section 413(d) of the Energy Conservation and Production Act ( 42 U.S.C. 6863(d) (1) by striking paragraph (1) and inserting the following: (1) Reservation of amounts (A) In general Subject to subparagraph (B) and notwithstanding any other provision of this part, the Secretary shall reserve from amounts that would otherwise be allocated to a State under this part not less than 100 percent, but not more than 150 percent, of an amount which bears the same proportion to the allocation of that State for the applicable fiscal year as the population of all low-income members of an Indian tribe in that State bears to the population of all low-income individuals in that State. (B) Restrictions Subparagraph (A) shall apply only if— (i) the tribal organization serving the low-income members of the applicable Indian tribe requests that the Secretary make a grant directly; and (ii) the Secretary determines that the low-income members of the applicable Indian tribe would be equally or better served by making a grant directly than a grant made to the State in which the low-income members reside. ; (2) in paragraph (2)— (A) by striking The sums Administration (B) by striking on the basis of his determination (C) by striking individuals for whom such a determination has been made low-income members of the Indian tribe (D) by striking he the Secretary (3) in paragraph (3), by striking In order Application 204. Appraisals (a) In general Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end the following: 2607. Appraisals (a) In general For any transaction that requires approval of the Secretary and involves mineral or energy resources held in trust by the United States for the benefit of an Indian tribe or by an Indian tribe subject to Federal restrictions against alienation, any appraisal relating to fair market value of those resources required to be prepared under applicable law may be prepared by— (1) the Secretary; (2) the affected Indian tribe; or (3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. (b) Secretarial review and approval Not later than 45 days after the date on which the Secretary receives an appraisal prepared by or for an Indian tribe under paragraph (2) or (3) of subsection (a), the Secretary shall— (1) review the appraisal; and (2) approve the appraisal unless the Secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection (d). (c) Notice of Disapproval If the Secretary determines that an appraisal submitted for approval under subsection (b) should be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a description of— (1) each reason for the disapproval; and (2) how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection (d). (d) Regulations The Secretary shall promulgate regulations to carry out this section, including standards the Secretary shall use for approving or disapproving the appraisal described in subsection (a). . 205. Leases of restricted lands for Navajo Nation (a) In general Subsection (e)(1) of the first section of the Act of August 9, 1955 (commonly known as the Long-Term Leasing Act 25 U.S.C. 415(e)(1) (1) by striking , except a lease for , including a lease for (2) by striking subparagraph (A) and inserting the following: (A) in the case of a business or agricultural lease, 99 years; ; (3) in subparagraph (B), by striking the period at the end and inserting ; and (4) by adding at the end the following: (C) in the case of a lease for the exploration, development, or extraction of any mineral resource (including geothermal resources), 25 years, except that— (i) any such lease may include an option to renew for 1 additional term of not to exceed 25 years; and (ii) any such lease for the exploration, development, or extraction of an oil or gas resource shall be for a term of not to exceed 10 years, plus such additional period as the Navajo Nation determines to be appropriate in any case in which an oil or gas resource is produced in a paying quantity. . (b) GAO report Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report describing the progress made in carrying out the amendment made by subsection (a)(4).

Indian Tribal Energy Development and Self-Determination Act Amendments of 2014

Fair Employment Protection Act of 2014 - Sets forth employer liability standards to be applied in employee harassment claims under specified provisions of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Revised Statutes, the Genetic Information Nondiscrimination Act of 2008, the Government Employee Rights Act of 1991, employment discrimination laws relating to certain executive branch employees, and the Congressional Accountability Act of 1995. Declares employers under such Acts liable for the acts of any individual whose harassment of an employee has created or continued an unlawful hostile work environment if, at the time of the harassment: (1) such individual was authorized by that employer to undertake or recommend tangible employment actions affecting the employee or to direct the employee's daily work activities, or (2) the negligence of the employer led to the creation or continuation of that hostile work environment (thus modifies the liability standards provided by the Supreme Court in Vance v. Ball State University, which limited the category of supervisors for whom an employer may be held vicariously liable to those individuals who have authority to take tangible employment actions).

113 S2133 IS: Fair Employment Protection Act of 2014 U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2133 IN THE SENATE OF THE UNITED STATES March 13, 2014 Ms. Baldwin Mr. Harkin Mr. Leahy Mrs. Murray Mr. Whitehouse Mr. Blumenthal Ms. Mikulski Mr. Durbin Mr. Schumer Mr. Schatz Ms. Warren Mr. Casey Mr. Franken Committee on Health, Education, Labor, and Pensions A BILL To amend title VII of the Civil Rights Act of 1964 and other statutes to clarify appropriate liability standards for Federal antidiscrimination claims. 1. Short title This Act may be cited as the Fair Employment Protection Act of 2014 2. Findings and purposes (a) Findings Congress finds the following: (1) Harassment is a widespread problem in workplaces in the United States. Surveys indicate that at least one-fourth of all working women and 10 percent of men have experienced sexual harassment on the job. (2) In fiscal year 2013, a combined total of over 30,000 harassment charges were filed with the Equal Employment Opportunity Commission and State fair employment practices agencies. More than 10,000 of these charges involved sexual harassment. (3) Women and people of color working in low-wage jobs are particularly vulnerable to harassment in the workplace. (4) In some industries harassment is even more widespread. For example, 80 percent of female farm-workers working in the fields in central California reported that they had experienced sexual harassment. (5) Studies indicate that sexual harassment of women, including unwanted touching, grabbing, and stalking, is also common in male-dominated industries, such as construction, public safety, manufacturing, farming, and the high-tech industry. Harassment in male-dominated industries operates as a barrier to women’s entry into higher-paying jobs. (6) Racial harassment remains a pervasive problem in the workplace in the United States. In fiscal year 2013, more than 11,000 of the charges of harassment filed with the Equal Employment Opportunity Commission and State fair employment practices agencies were charges of racial harassment. (7) Research shows that workers in a wide spectrum of occupations, ranging from service and support positions to management and professional positions, report experiencing race-based harassment while on the job. (8) Harassment in the workplace is a persistent barrier to opportunity for people with disabilities. Harassment can result in workers with disabilities being forced off the job. Workplace harassment is used to send the message that workers with disabilities do not belong at work. (9) Age discrimination continues to be a barrier to employment for older workers. Over one-third of older workers report that they or someone they know experienced age discrimination in the workplace. (10) Three-quarters of older Americans surveyed are concerned that age may be an obstacle to finding work. (11) The Supreme Court’s decision in Vance v. Ball State University, No. 11–556 (June 24, 2013), significantly undermines protections against discrimination that the Supreme Court established in Faragher v. Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), which held that an employer may be vicariously liable under title VII of the Civil Rights Act of 1964 for harassment of an employee by an individual that has supervisory authority over that employee. (12) In Faragher and Ellerth, the Supreme Court held that employers will be subject to a strict liability standard when employees with supervisory authority engage in harassment that results in tangible employment actions supervisors (A) the employer exercised reasonable care to prevent and correct any harassing behavior; and (B) the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided. (13) Whether an employer should be vicariously liable for harassment is a functional analysis that is based not on the title of the harasser or the employer’s job description for the harasser’s position but on the authority vested in that individual by the employer. (14) The Supreme Court holding in Vance limits the category of individuals who are considered supervisors and for which an employer may be held vicariously liable under Faragher and Ellerth to those individuals that have authority to take tangible employment actions. This holding ignores the reality that employees with the authority to control their subordinates’ daily work should be included in that category, for which an employer may be held vicariously liable, because such individuals are aided by that authority in perpetuating a discriminatory work environment. (15) Individuals who direct the daily work activities of employees but do not have the authority to take tangible employment actions against those employees are common in the workplace in the United States, particularly in industries that employ low-wage workers. Workers in industries including retail, restaurant, health care, housekeeping, and personal care, which may pay low wages and employ a large numbers of female workers, are particularly vulnerable to harassment by individuals who have the power to direct day-to-day work activities but lack the power to take tangible employment actions. (b) Purpose The purpose of this Act is to clarify that an employer’s vicarious liability for harassment under title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, section 1977 of the Revised Statutes, the Genetic Information Nondiscrimination Act of 2008, the Government Employee Rights Act of 1991, the Congressional Accountability Act of 1995, and title III of the United States Code extends to— (1) an individual with the authority to undertake or recommend tangible employment actions affecting the victim of the harassment; or (2) an individual with the authority to direct the victim’s daily work activities. 3. Amendment to title VII of the Civil Rights Act of 1964 (a) Standard for employer liability for hostile work environment Section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 (o) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (b) Standard for employer liability for retaliatory hostile work environment Section 704 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–3 (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. . (c) Federal employees Section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 (g) The provisions of sections 703(o) and 704(b) shall apply to hostile work environment claims and retaliatory hostile work environment claims, respectively, under this section. . 4. Amendment to the Age Discrimination in Employment Act (a) Standard for employer liability for hostile work environment Section 4 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 (n) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (b) Standard for employer liability for retaliatory hostile work environment Section 4(d) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 or litigation under this Act. or litigation under this Act. Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by that employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. . (c) Federal employees Section 15 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 633a (h) Subsections (d) and (n) of section 4 shall apply to retaliatory hostile work environment claims and hostile work environment claims, respectively, under this section. . 5. Amendment to the Americans With Disabilities Act (a) Standard for employer liability for hostile work environment Section 102 of the Americans with Disabilities Act (42 U.S.C. 12112) is amended by adding at the end the following: (e) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the qualified individual; or (B) to direct the qualified individual's daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (b) Standard for employer liability for retaliatory hostile work environment Section 503 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12203 (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following: (c) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee's daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. ; and (3) in subsection (d), as redesignated by paragraph (1), by striking subsections (a) and (b) subsections (a), (b), and (c) 6. Amendment to the Rehabilitation Act (a) Standard for employer liability for hostile work environment and Retaliatory Hostile Work Environment Section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 (h) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by that department, agency, instrumentality, or the Smithsonian Institution— (A) to undertake or recommend tangible employment actions affecting the individual with a disability; or (B) to direct the daily work activities of the individual with a disability; or (2) the negligence of that department, agency, instrumentality, or the Smithsonian Institution led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . (b) Standard for employer liability for hostile work environment and retaliatory hostile work environment Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (e) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by such employer— (A) to undertake or recommend tangible employment actions affecting the qualified individual with a disability; or (B) to direct the daily work activities of the qualified individual with a disability; or (2) the negligence of such employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . (c) Remedies Section 505 of the Rehabilitation Act ( 29 U.S.C. 794a (3) Sections 501(h) and 504(e) shall apply to hostile work environment claims and retaliatory hostile work environment claims under this section. . 7. Amendment to section 1977 of the Revised Statutes Section 1977 of the Revised Statutes ( 42 U.S.C. 1981 (d) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . 8. Amendment to the Genetic Information Nondiscrimination Act of 2008 (a) Standard for employer liability for hostile work environment Section 202 of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–1) is amended by adding at the end the following: (d) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment. . (b) Standard for employer liability for retaliatory hostile work environment Section 207(f) of the Genetic Information Nondiscrimination Act (42 U.S.C. 2000ff–6(f)) is amended by striking violations of this subsection. violations of this subsection. Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by the employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that retaliatory hostile work environment. . 9. Amendment to the Government Employee Rights Act of 1991 Section 302 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b) is amended by adding at the end the following: (c) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by such employer— (A) to undertake or recommend tangible employment actions affecting the employee; or (B) to direct the employee’s daily work activities; or (2) the negligence of the employer led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . 10. Amendment to title 3 of the United States Code Section 411 (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2) by inserting after subsection (b) the following: (c) Liability of employing office Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by the employing office— (A) to undertake or recommend tangible employment actions affecting the covered employee; or (B) to direct the covered employee’s daily work activities; or (2) the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. ; and (3) in subsection (f), as redesignated by paragraph (2), by striking “subsections (a) through (c)” and inserting “subsections (a) through (d)”. 11. Amendment to the Congressional Accountability Act of 1995 Section 201 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311 (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Subject to section 12 of the Fair Employment Protection Act of 2014 (1) such individual was authorized by the employing office— (A) to undertake or recommend tangible employment actions affecting the covered employee; or (B) to direct the covered employee’s daily work activities; or (2) the negligence of the employing office led to the creation or continuation of that hostile work environment or retaliatory hostile work environment. . 12. Rule of construction Nothing in this Act shall be construed to limit the availability of, or access to, defenses available under the law. 13. Savings clause If any provision of this Act is declared invalid, the other provisions in this Act will remain in full force and effect. 14. Application This Act, and the amendments made by this Act, shall apply to all claims pending on or after the date of enactment of this Act.

Fair Employment Protection Act of 2014

Act to Ban Zohydro - Ends the sale and distribution of pure hydrocodone bitartrate extended-release capsules (marketed as Zohydro ER) within 45 days by withdrawing approval for its new drug application. Prohibits the Commissioner of Food and Drugs (FDA) from approving any new drug application for the capsules unless they are formulated to prevent abuse.

113 S2134 IS: Act to Ban Zohydro U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2134 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mr. Manchin Committee on Health, Education, Labor, and Pensions A BILL To withdraw approval for the drug Zohydro ER and prohibit the Food and Drug Administration from approving such drug unless it is reformulated to prevent abuse. 1. Short title This Act may be cited as the Act to Ban Zohydro 2. Findings Congress finds as follows: (1) The drug Zohydro ER is a high-dose hydrocone-only opioid narcotic painkiller listed in schedule II of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) (2) The Food and Drug Administration Anesthetic and Analgesic Drug Products Advisory Committee report cited available dosages of Zohydro ER that, according to health care and substance abuse professionals, have up to 10 times more hydrocodone than any hydrocodone painkiller currently on the market. (3) Zohydro ER is manufactured without an abuse deterrent formulation. (4) Zohydro’s time-released effect, an important element of its pharmaceutical use, is easily negated by abusers to achieve a heroin-like effect. (5) The Anesthetic and Analgesic Drug Products Advisory Committee concluded that, if approved and marketed, Zohydro ER will be abused, possibly at a rate greater than that of currently available hydrocodone combination products. (6) The Anesthetic and Analgesic Drug Products Advisory Committee voted 11 to 2 against approval of Zohydro ER, citing the high possibility for addiction. (7) The Food and Drug Administration approved Zohydro ER without an abuse deterrent formulation despite the fact that the Anesthetic and Analgesic Drug Products Advisory Committee voted 11 to 2 against doing so. (8) The Food and Drug Administration has acknowledged that the widespread abuse of opioid drugs across the country has reached epidemic proportions in some parts of the country. (9) According to the Centers for Disease Control and Prevention, deaths connected to prescription opioids have more than quadrupled in the United States, from 4,030 deaths involving the painkillers in 1999 to 16,651 deaths in 2010. (10) The Centers for Disease Control and Prevention has identified reducing deaths attributable to prescription painkiller abuse and overdose as a top health priority for 2014. (11) Attorneys General from 28 States have asked the Food and Drug Administration to reconsider its approval of Zohydro ER. (12) Health care professionals, addiction treatment providers, and community-based drug and alcohol prevention programs are groups opposed to the approval of Zohydro ER. (13) The burdens of Zohydro ER to the public health outweigh its potential therapeutic benefits. Given that alternative pain medicines and methods are widely available, approval of Zohydro ER should be withdrawn until such time that there is available a Food and Drug Administration-approved abuse deterrent formulation. 3. Withdrawal of approval of drug Zohydro ER (a) Withdrawal of approval Effective beginning on the day that is 45 days after the date of enactment of this Act, approval of the application with respect to pure hydrocodone bitartrate extended-release capsules (marketed as the drug Zohydro ER) under section 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) (b) No approval of any formulation that is not abuse deterrent The Commissioner of Food and Drugs shall not approve any application under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355

Act to Ban Zohydro

Tar Sands Tax Loophole Elimination Act - Amends the Internal Revenue Code to expand the definition of "crude oil" for purposes of the excise tax on petroleum to include any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale). Authorizes the Secretary of the Treasury to include as crude oil or as a petroleum product for excise tax purposes any fuel feedstock or finished fuel product customarily transported by pipeline, vessel, railcar, or tanker truck if: (1) the Secretary determines that the classification of such feedstock or fuel is consistent with the definition of oil under the Oil Pollution Act of 1990, and (2) such feedstock or fuel is produced in sufficient commercial quantities as to pose a significant risk of hazard in the event of a discharge.

113 S2135 IS: Tar Sands Tax Loophole Elimination Act U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2135 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mr. Markey Mr. Levin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to clarify that products derived from tar sands are crude oil for purposes of the Federal excise tax on petroleum, and for other purposes. 1. Short title This Act may be cited as the Tar Sands Tax Loophole Elimination Act 2. Clarification of tar sands as crude oil for excise tax purposes (a) In general Paragraph (1) of section 4612(a) (1) Crude oil The term crude oil . (b) Regulatory Authority To Address Other Types of Crude Oil and Petroleum Products Subsection (a) of section 4612 of such Code is amended by adding at the end the following new paragraph: (10) Regulatory Authority To Address Other Types of Crude Oil and Petroleum Products Under such regulations as the Secretary may prescribe, after consultation with the Administrator of the Environmental Protection Agency, the Secretary may include as crude oil or as a petroleum product subject to tax under section 4611, any fuel feedstock or finished fuel product customarily transported by pipeline, vessel, railcar, or tanker truck if the Secretary determines that— (A) the classification of such fuel feedstock or finished fuel product is consistent with the definition of oil under the Oil Pollution Act of 1990, and (B) such fuel feedstock or finished fuel product is produced in sufficient commercial quantities as to pose a significant risk of hazard in the event of a discharge. . (c) Technical amendment Paragraph (2) of section 4612(a) of such Code is amended by striking from a well located (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.

Tar Sands Tax Loophole Elimination Act

Veterans Hiring Act - Amends the Internal Revenue Code to allow an employer a 50% reduction in the rate of the employment tax for wages paid to a veteran who served on active duty in the Armed Forces and was discharged or released under conditions other than dishonorable. Makes such reduced rate effective during the period of four consecutive calendar quarters beginning with the first day of the first such calendar quarter beginning after the enactment of this Act.

113 S2138 IS: Veterans Hiring Act U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2138 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mrs. Shaheen Committee on Finance A BILL To provide a payroll tax holiday for newly hired veterans. 1. Short title This Act may be cited as the Veterans Hiring Act 2. Employee payroll tax holiday for newly hired veterans (a) In general Subsection (d) of section 3111 (d) Special exemption for eligible veterans hired during certain calendar quarters (1) In general Subsection (a) shall not apply to 50 percent of the wages paid by the employer with respect to employment during the holiday period of any eligible veteran for services performed— (A) in a trade or business of the employer, or (B) in the case of an employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under such section. (2) Holiday period For purposes of this subsection, the term holiday period Veterans Hiring Act (3) Eligible veteran For purposes of this subsection— (A) In general The term eligible veteran (i) begins work for the employer during the holiday period, (ii) was discharged or released from the Armed Forces of the United States under conditions other than dishonorable, and (iii) is not an individual described in section 51(i)(1) (applied by substituting employer taxpayer (B) Veteran The term veteran (i) has served on active duty (other than active duty for training) in the Armed Forces of the United States for a period of more than 180 days, or has been discharged or released from active duty in the Armed Forces of the United States for a service-connected disability (within the meaning of section 101 of title 38, United States Code), (ii) has not served on extended active duty (as such term is used in section 51(d)(3)(B)) in the Armed Forces of the United States on any day during the 60-day period ending on the hiring date, and (iii) provides to the employer a copy of the individual's DD Form 214, Certificate of Release or Discharge from Active Duty, that includes the nature and type of discharge. (4) Election An employer may elect not to have this subsection apply. Such election shall be made in such manner as the Secretary may require. (5) Coordination with work opportunity credit For coordination with the work opportunity credit, see section 51(3)(D). . (b) Coordination with work opportunity credit (1) In general Paragraph (3) of section 51 (D) Denial of credit for veterans subject to 50 percent payroll tax holiday If section 3111(d)(1) (as amended by the Veterans Hiring Act qualified veteran . (2) Conforming amendment Subsection (c) of section 51 of such Code is amended by striking paragraph (5).

Veterans Hiring Act

Preserve Access to Affordable Generics Act - Amends the Federal Trade Commission Act to authorize the Federal Trade Commission (FTC) to initiate a proceeding against parties to any agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a drug. Establishes a presumption that any such agreement has anticompetitive effects and is unlawful if the filer of an abbreviated new drug (generic) application receives anything of value and agrees to limit or forego research, development, manufacturing, marketing, or sales of the generic drug for any period of time. Allows an exception to such presumption if the parties to the agreement demonstrate by clear and convincing evidence, based on specified competitive factors, that the pro-competitive benefits of the agreement outweigh the anticompetitive effects. Exempts from the restrictions of this Act a resolution or settlement of a patent infringement claim if the only consideration granted by the brand name manufacturer to the generic manufacturer is: (1) the right to market the generic drug in the United States prior to the expiration of any patent that is the basis for the patent infringement claim or any patent right or other statutory exclusivity that would prevent the marketing of such drug, (2) a payment for reasonable litigation expenses not exceeding $7.5 million, and (3) a covenant not to sue on any claim that the generic drug infringes a U.S. patent. Allows review of FTC enforcement orders under this Act in federal court. Imposes civil penalties for violations of this Act. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to require a brand name manufacturer and generic manufacturer to submit to the FTC any other agreements the parties enter into within 30 days of entering into an agreement related to the manufacturing, marketing, or sale of the brand name or generic drug or the exclusivity period. Requires the Chief Executive Officer or the company official responsible for negotiating any such agreement to file a certification that materials filed with respect to such agreement are complete, final, and exclusive. Amends the Federal Food, Drug, and Cosmetic Act to forfeit the 180-day exclusivity period for the marketing of a generic drug if there is a final decision of the FTC or a court that an agreement has violated this Act. Grants the FTC exclusive authority to litigate matters relating to anticompetitive practices in connection with the sale of generic brand drugs. Establishes a three-year limitation period for bringing FTC enforcement actions (other than cease and desist requests) under this Act.

114 S2019 IS: Preserve Access to Affordable Generics Act U.S. Senate 2015-09-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 2019 IN THE SENATE OF THE UNITED STATES September 9, 2015 Ms. Klobuchar Mr. Grassley Committee on the Judiciary A BILL To prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market. 1. Short title This Act may be cited as the Preserve Access to Affordable Generics Act 2. Congressional findings and declaration of purposes (a) Findings Congress finds the following: (1) In 1984, the Drug Price Competition and Patent Term Restoration Act ( Public Law 98–417 1984 Act (2) Prescription drugs make up approximately 10 percent of the national health care spending. (3) Until recently, the 1984 Act was successful in facilitating generic competition to the benefit of consumers and health care payers, although 86 percent of all prescriptions dispensed in the United States are generic drugs, they account for only 27 percent of all expenditures. (4) Generic drugs cost substantially less than brand name drugs, with discounts off the brand price averaging 80 to 85 percent. (5) Federal dollars currently account for an estimated 38.6 percent of the $271,000,000,000 spent on prescription drugs, and this share is expected to rise to 47 percent by 2023. (6) (A) In recent years, the intent of the 1984 Act has been subverted by certain settlement agreements in which brand name companies transfer value to their potential generic competitors to settle claims that the generic company is infringing the branded company’s patents. (B) These reverse payment (i) allow a branded company to share its monopoly profits with the generic company as a way to protect the branded company’s monopoly; and (ii) have unduly delayed the marketing of low-cost generic drugs contrary to free competition, the interests of consumers, and the principles underlying antitrust law. (C) Because of the price disparity between brand name and generic drugs, such agreements are more profitable for both the brand and generic manufacturers than competition and will become increasingly common unless prohibited. (D) These agreements result in consumers losing the benefits that the 1984 Act was intended to provide. (b) Purposes The purposes of this Act are— (1) to enhance competition in the pharmaceutical market by stopping anticompetitive agreements between brand name and generic drug manufacturers that limit, delay, or otherwise prevent competition from generic drugs; and (2) to support the purpose and intent of antitrust law by prohibiting anticompetitive practices in the pharmaceutical industry that harm consumers. 3. Unlawful compensation for delay (a) In general The Federal Trade Commission Act ( 15 U.S.C. 44 et seq. 15 U.S.C. 57c–2 27. Preserving access to affordable generics (a) In general (1) Enforcement proceeding The Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a drug product. (2) Presumption and violation (A) In general Subject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and be a violation of this section if— (i) an ANDA filer receives anything of value, including an exclusive license; and (ii) the ANDA filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the ANDA product for any period of time. (B) Exception Subparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. (b) Limitations In determining whether the settling parties have met their burden under subsection (a)(2)(B), the fact finder shall not presume— (1) that entry would not have occurred until the expiration of the relevant patent or statutory exclusivity; or (2) that the agreement’s provision for entry of the ANDA product prior to the expiration of the relevant patent or statutory exclusivity means that the agreement is procompetitive. (c) Exclusions Nothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration granted by the NDA holder to the ANDA filer as part of the resolution or settlement includes only one or more of the following: (1) The right to market the ANDA product in the United States prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such drug. (2) A payment for reasonable litigation expenses not to exceed $7,500,000. (3) A covenant not to sue on any claim that the ANDA product infringes a United States patent. (d) Enforcement (1) Enforcement A violation of this section shall be treated as a violation of section 5. (2) Judicial review (A) In general Any party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder is incorporated as of the date that the NDA is filed with the Commissioner of Food and Drugs; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer is incorporated as of the date that the ANDA is filed with the Commissioner of Food and Drugs. (B) Treatment of findings In a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive. (e) Antitrust laws Nothing in this section shall be construed to modify, impair, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) (f) Penalties (1) Forfeiture Each party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder, the penalty to the NDA holder shall be sufficient to deter violations, but in no event greater than 3 times the value given to the ANDA filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist (A) In general If the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception In an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty In determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder, compensation received by the ANDA filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition Remedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law. (g) Definitions In this section: (1) Agreement The term agreement 15 U.S.C. 1 (2) Agreement resolving or settling a patent infringement claim The term agreement resolving or settling a patent infringement claim (3) ANDA The term ANDA 21 U.S.C. 355(j) 21 U.S.C. 355(b)(2) (4) ANDA filer The term ANDA filer (5) ANDA product The term ANDA product (6) Drug product The term drug product (7) NDA The term NDA 21 U.S.C. 355(b) (8) NDA holder The term NDA holder (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Party The term party (10) Patent infringement The term patent infringement (11) Patent infringement claim The term patent infringement claim (12) Statutory exclusivity The term statutory exclusivity 21 U.S.C. 355(c)(3)(E) . (b) Effective date Section 27 of the Federal Trade Commission Act, as added by this section, shall apply to all agreements described in section 27(a)(1) of that Act entered into after June 17, 2013. Section 27(f) of the Federal Trade Commission Act, as added by this section, shall apply to agreements entered into on or after the date of enactment of this Act. 4. Notice and certification of agreements (a) Notice of all agreements Section 1112(c)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 (1) striking the Commission the (A) the ; (2) striking the period and inserting ; and (3) inserting at the end the following: (B) any other agreement the parties enter into within 30 days of entering into an agreement covered by subsection (a) or (b). . (b) Certification of agreements Section 1112 of such Act is amended by adding at the end the following: (d) Certification The Chief Executive Officer or the company official responsible for negotiating any agreement under subsection (a) or (b) that is required to be filed under subsection (c) shall execute and file with the Assistant Attorney General and the Commission a certification as follows: ‘I declare that the following is true, correct, and complete to the best of my knowledge: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification— (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing.’. . 5. Forfeiture of 180-day exclusivity period Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(D)(i)(V) section 27 of the Federal Trade Commission Act or that the agreement has violated 6. Commission litigation authority Section 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) (1) in subparagraph (D), by striking or (2) in subparagraph (E), by inserting or (3) inserting after subparagraph (E) the following: (F) under section 27; . 7. Statute of limitations The Federal Trade Commission shall commence any enforcement proceeding described in section 27 of the Federal Trade Commission Act, as added by section 3, except for an action described in section 27(f)(2) of the Federal Trade Commission Act, not later than 6 years after the date on which the parties to the agreement file the Notice of Agreement as provided by sections 1112(c)(2) and (d) of the Medicare Prescription Drug Improvement and Modernization Act of 2003 ( 21 U.S.C. 355 8. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such Act or amendments to any person or circumstance shall not be affected.

Preserve Access to Affordable Generics Act

(This measure has not been amended since it was reported to the Senate on September 17, 2014. The summary of the Senate passed version is repeated here.) Sunscreen Innovation Act - (Sec. 2) Amends the Federal Food, Drug, and Cosmetic Act to establish a process for the review and approval of over-the-counter (OTC) sunscreen active ingredients. Allows any person to request that the Secretary of Health and Human Services (HHS) determine whether an OTC sunscreen active ingredient or combination of ingredients is safe and effective. Requires the Secretary to review any request regarding a sunscreen active ingredient or combination of ingredients that has been in use and that is not included in the stayed sunscreen monograph published by the Food and Drug Administration (FDA). Directs the Secretary to invite the sponsor of the request to provide data and other information on the safety and efficacy of the sunscreen active ingredient or combination of ingredients. Requires the Secretary to determine whether the provided information is sufficient to conduct a review, and if so, file the request, and if not, explain to the sponsor why the provided information is insufficient. Requires the Director of the Center for Drug Evaluation and Research to complete a review of a filed request and determine the safety and efficacy of the sunscreen active ingredient or combination of ingredients within 300 days for new requests or a shorter timeframe for requests pending before enactment of this Act. Directs the Commissioner of Food and Drugs to make the determination if the Director does not make a determination in the allowed timeframe. Allows sunscreen active ingredients that are determined to be safe and effective to be used in OTC sunscreen products. Allows the Secretary to amend a determination if additional information becomes available. (Sec. 3) Allows sponsors of eligible non-sunscreen OTC drug applications to request that the Secretary provide a framework for review of their application. Requires the Secretary to respond with framework options, including options that follow the review process set forth in this Act for sunscreen active ingredients. (Sec. 4) Directs the Comptroller General (GAO) to report on the progress of the Secretary in establishing this process and the role of the Commissioner of Food and Drugs in issuing determinations on pending requests. Requires the Secretary to report on the decisions made about the safety and efficacy of sunscreen active ingredients, the amount of time between submission and decision for each request, the cost of the review process, and recommended improvements to the review process.

S2141 ENR: Sunscreen Innovation Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 2141 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Federal Food, Drug, and Cosmetic Act to provide an alternative process for review of safety and effectiveness of nonprescription sunscreen active ingredients and for other purposes. 1. Short title This Act may be cited as the Sunscreen Innovation Act 2. Regulation of nonprescription sunscreen active ingredients (a) In general Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. I Nonprescription sunscreen and other active ingredients 586. Definitions In this subchapter— (1) the term Advisory Committee (2) the term final sunscreen order (A) is GRASE and is not misbranded if marketed in accordance with such order; or (B) is not GRASE and is misbranded; (3) the term GRASE (4) the term GRASE determination (5) the term nonprescription (6) the term pending request Sunscreen Innovation Act (A) that was determined to be eligible for such review by publication of a notice of eligibility in the Federal Register prior to the date of enactment of such Act; and (B) for which safety and effectiveness data have been submitted to the Secretary prior to such date of enactment; (7) the term proposed sunscreen order (A) is GRASE and is not misbranded if marketed in accordance with such order; (B) is not GRASE and is misbranded; or (C) is not GRASE and is misbranded because the data are insufficient to classify such ingredient or combination of ingredients as GRASE and not misbranded and additional information is necessary to allow the Secretary to determine otherwise; (8) the term sponsor (A) a request under section 586A; (B) a pending request; or (C) any other application subject to this subchapter; (9) the term sunscreen (10) the term sunscreen active ingredient 586A. Submission of requests Any person may submit a request to the Secretary for a determination of whether a nonprescription sunscreen active ingredient or a combination of nonprescription sunscreen active ingredients, for use under specified conditions, to be prescribed, recommended, or suggested in the labeling thereof (including dosage form, dosage strength, and route of administration) is GRASE and should be included in part 352 of title 21, Code of Federal Regulations (or any successor regulations) concerning nonprescription sunscreen. 586B. Eligibility determinations; data submission; filing (a) Eligibility determinations (1) In general Not later than 60 calendar days after the date of receipt of a request under section 586A, the Secretary shall— (A) determine, in accordance with paragraph (2), whether the request is eligible for further review under subsection (b) and section 586C; (B) notify the sponsor of the determination of the Secretary; and (C) make such determination publicly available in accordance with paragraph (3) and subsection (b)(1). (2) Criteria for eligibility (A) In general To be eligible for review under subsection (b) and section 586C, a request shall be for a nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients, for use under specified conditions, to be prescribed, recommended, or suggested in the labeling thereof, that— (i) is not included in part 352 of title 21, Code of Federal Regulations (or any successor regulations) concerning nonprescription sunscreen; and (ii) has been used to a material extent and for a material time under such conditions, as described in section 201(p)(2). (B) Establishment of time and extent A sponsor shall include in a request under section 586A the information required under section 330.14 of title 21, Code of Federal Regulations (or any successor regulations) to meet the standard described in subparagraph (A)(ii). (3) Public availability (A) Redactions for confidential information If a nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients is determined under paragraph (1)(A) to be eligible for further review, the Secretary shall make the request publicly available, with redactions for information that is treated as confidential under section 552(b) (B) Identification of confidential information by sponsor At the time that a request is made under section 586A, the sponsor of such request shall identify any information that such sponsor considers to be confidential information described in subparagraph (A). (C) Confidentiality during eligibility review The information contained in a request under section 586A shall remain confidential during the Secretary’s consideration under this section of whether the request is eligible for further review consistent with section 330.14 (b) Data submission and filing of requests (1) In general In the case of a request under section 586A that is determined to be eligible under subsection (a) for further review under this section and section 586C, the Secretary shall, in notifying the public under subsection (a)(1)(C) of such eligibility determination, post the eligibility determination on the Internet website of the Food and Drug Administration, invite the sponsor of such request and any other interested party to submit comments, and provide a period of not less than 45 calendar days for comments in support of or otherwise relating to a GRASE determination, including published and unpublished data and other information related to the safety and efficacy of such request. (2) Filing determination Not later than 60 calendar days after the submission of data and other information described in paragraph (1) by the sponsor, the Secretary shall determine whether the data and other information submitted by the sponsor under this section are sufficiently complete, including being formatted in a manner that enables the Secretary to determine the completeness of such data and information, to enable the Secretary to conduct a substantive review under section 586C with respect to such request. Not later than 60 calendar days after the submission of data and other information described in paragraph (1) by the sponsor, if the Secretary determines— (A) that such data and other information are sufficiently complete, the Secretary shall— (i) issue a written notification to the sponsor of the determination to file such request, and make such notification publicly available; and (ii) file such request made under section 586A; or (B) that such data and other information are not sufficiently complete, the Secretary shall issue a written notification to the sponsor of the determination to refuse to file the request, which shall include the reasons for the refusal, including why such data and other information are not sufficiently complete, and make such notification publicly available. (3) Refusal to file a request (A) Request for meetings; submission of additional data or other information If the Secretary refuses to file a request made under section 586A, the sponsor may— (i) within 30 calendar days of receipt of written notification of such refusal, request, in writing, a meeting with the Secretary regarding the filing determination; and (ii) submit additional data or other information. (B) Meetings (i) In general If a sponsor seeks a meeting under subparagraph (A)(i), the Secretary shall convene the meeting within 30 calendar days of the request for such meeting. (ii) Actions after meeting Following any meeting held under clause (i)— (I) the Secretary may file the request within 60 calendar days; (II) the sponsor may submit additional data or other information; or (III) if the sponsor elects, within 120 calendar days, to have the Secretary file the request (with or without amendments to correct any purported deficiencies to the request)— (aa) the Secretary shall file the request over protest, not later than 30 calendar days after the sponsor makes such election; (bb) at the time of filing, the Secretary shall provide written notification of such filing to the sponsor; and (cc) the Secretary shall make such notification publicly available. (iii) Requests filed over protest The Secretary shall not require the sponsor to resubmit a copy of the request for purposes of filing a request filed over protest, as described in clause (ii)(III). (C) Submissions of additional data or other information Within 60 calendar days of any submission of additional data or other information under subparagraph (A)(ii) or (B)(ii)(II), the Secretary shall reconsider the previous determination made under paragraph (2) with respect to the applicable request and make a new determination in accordance with paragraph (2). (4) Public availability (A) Redactions for confidential information After the period of confidentiality described in subsection (a)(3)(C), the Secretary shall make data and other information submitted in connection with a request under section 586A publicly available, with redactions for information that is treated as confidential under section 552(b) section 1905 (B) Identification of confidential information by sponsor A person submitting information under this section shall identify at the time of such submission the portions of such information that the person considers to be confidential information described in subparagraph (A). 586C. GRASE determination (a) Review of new request (1) Proposed sunscreen order In the case of a request under section 586A, not later than 300 calendar days after the date on which such request is filed under subsection (b)(2)(A) or (b)(3)(B)(ii)(III) of section 586B, the Secretary— (A) may convene a meeting of the Advisory Committee to review such request; and (B) shall complete the review of such request and issue a proposed sunscreen order with respect to such request. (2) Proposed sunscreen order by Commissioner If the Secretary does not issue a proposed sunscreen order under paragraph (1)(B) within such 300-day period, the sponsor of such request may notify the Office of the Commissioner of such request and request review by the Office of the Commissioner. If such sponsor so notifies the Office of the Commissioner, the Commissioner shall, not later than 60 calendar days after the date of notification under this paragraph, issue a proposed sunscreen order with respect to such request. (3) Public comment period A proposed sunscreen order issued under paragraph (1)(B) or (2) with respect to a request shall provide for a period of 45 calendar days for public comment. (4) Meeting A sponsor may request, in writing, a meeting with respect to a proposed sunscreen order issued under this subsection and described in subparagraph (B) or (C) of section 586(7), not later than 30 calendar days after the Secretary issues such order. The Secretary shall convene a meeting with such sponsor not later than 45 calendar days after such request for a meeting. (5) Final sunscreen order With respect to a proposed sunscreen order under paragraph (1)(B) or (2)— (A) the Secretary shall issue a final sunscreen order— (i) in the case of a proposed sunscreen order described in subparagraph (A) or (B) of section 586(7), not later than 90 calendar days after the end of the public comment period under paragraph (3); or (ii) in the case of a proposed sunscreen order described in subparagraph (C) of section 586(7), not later than 210 calendar days after the date on which the sponsor submits the additional information requested pursuant to such proposed sunscreen order; or (B) if the Secretary does not issue such final sunscreen order within such 90- or 210-calendar-day period, as applicable, the sponsor of such request may notify the Office of the Commissioner of such request and request review by the Office of the Commissioner. (6) Final sunscreen order by Commissioner The Commissioner shall issue a final sunscreen order with respect to a proposed sunscreen order subject to paragraph (5)(B) not later than 60 calendar days after the date of notification under such paragraph. (b) Review of pending requests (1) In general The review of a pending request shall be carried out by the Secretary in accordance with this subsection. (2) Inapplicability of sections 586A and 586B Sections 586A and 586B shall not apply with respect to any pending request. (3) Feedback letters as proposed sunscreen order Notwithstanding the requirements of section 586(7), a letter issued pursuant to section 330.14(g) of title 21, Code of Federal Regulations before the date of enactment of the Sunscreen Innovation Act (4) Proposed sunscreen order In the case of a pending request for which the Secretary has not issued a letter pursuant to section 330.14(g) Sunscreen Innovation Act (5) Proposed sunscreen order by Commissioner If the Secretary does not issue a proposed sunscreen order under paragraph (4), or the Secretary does not publish a notification of the availability of a letter under paragraph (3), as applicable, the sponsor of such request may notify the Office of the Commissioner of such request and request review by the Office of the Commissioner. The Commissioner shall, not later than 60 calendar days after the date of notification under this paragraph, issue a proposed order with respect to such request. (6) Public comment period A proposed sunscreen order issued under paragraph (4) or (5), or a notification of the availability of a letter under paragraph (3), with respect to a pending request shall provide for a period of 45 calendar days for public comment. (7) Meeting A sponsor may request, in writing, a meeting with respect to a proposed sunscreen order issued under this subsection, including a letter deemed to be a proposed sunscreen order under paragraph (3), not later than 30 calendar days after the Secretary issues such order or the date upon which such feedback letter is deemed to be a proposed sunscreen order, as applicable. The Secretary shall convene a meeting with such sponsor not later than 45 calendar days after the date of such request for a meeting. (8) Advisory committee In the case of a proposed sunscreen order under paragraph (3), (4), or (5), an Advisory Committee meeting may be convened for the purpose of reviewing and providing recommendations regarding the pending request. (9) Final sunscreen order In the case of a proposed sunscreen order under paragraph (3), (4), or (5)— (A) the Secretary shall issue a final sunscreen order with respect to the request— (i) in the case of a proposed sunscreen order described in subparagraph (A) or (B) of section 586(7), not later than 90 calendar days after the end of the public comment period under paragraph (6); or (ii) in the case of a proposed sunscreen order described in subparagraph (C) of section 586(7)— (I) if the Advisory Committee is not convened under paragraph (8), not later than 210 calendar days after the date on which the sponsor submits the additional information requested pursuant to such proposed sunscreen order, which shall include a rationale for not convening such Advisory Committee; or (II) if the Advisory Committee is convened under paragraph (8), not later than 270 calendar days after the date on which the sponsor submits such additional information; or (B) if the Secretary does not issue such final sunscreen order within such 90-, 210-, or 270-calendar-day period, as applicable, the sponsor of such request may notify the Office of the Commissioner about such request and request review by the Office of the Commissioner. (10) Final sunscreen order by Commissioner The Commissioner shall issue a final sunscreen order with respect to a proposed sunscreen order subject to paragraph (9)(B) not later than 60 calendar days after the date of notification under such paragraph. (c) Advisory committee The Secretary shall not be required to— (1) convene the Advisory Committee— (A) more than once with respect to any request under section 586A or any pending request; or (B) more than twice in any calendar year with respect to the review under this section; or (2) submit more than a total of 3 requests under section 586A or pending requests to the Advisory Committee per meeting. (d) No delegation Any responsibility vested in the Commissioner by subsection (a)(2), (a)(6), (b)(5), or (b)(10) shall not be delegated. (e) Effect of final sunscreen order (1) In general (A) Sunscreen active ingredients determined to be GRASE Upon issuance of a final sunscreen order determining that a nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients is GRASE and is not misbranded, a sunscreen containing such ingredient or combination of ingredients shall be permitted to be introduced or delivered into interstate commerce for use under the conditions described in such final sunscreen order, in accordance with all requirements applicable to drugs not subject to section 503(b)(1), for so long as such final sunscreen order remains in effect. (B) Sunscreen active ingredients determined not to be GRASE Upon issuance of a final sunscreen order determining that a nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients is not GRASE and is misbranded, a sunscreen containing such ingredient or combination of ingredients shall not be introduced or delivered into interstate commerce, for use under the conditions described in such final sunscreen order, unless an application is approved pursuant to section 505 with respect to a sunscreen containing such ingredient or combination of ingredients, or unless conditions are later established under which such ingredient or combination of ingredients is later determined to be GRASE and not misbranded under the over-the-counter drug monograph system. (2) Amendments to final sunscreen orders (A) Amendments at initiative of Secretary In the event that information relevant to a nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients becomes available to the Secretary after issuance of a final sunscreen order, the Secretary may amend such final sunscreen order by issuing a new proposed sunscreen order under subsection (a)(1) and following the procedures set forth in this section. (B) Petition to amend final order Any interested person may petition the Secretary to amend a final sunscreen order under section 10.30, title 21 Code of Federal Regulations (or any successor regulations). If the Secretary grants any petition under such section, the Secretary shall initiate the process for amending a final sunscreen order by issuing a new proposed sunscreen order under subsection (a)(1) and following the procedures set forth in this section. (C) Applicability of final orders Once the Secretary issues a new proposed sunscreen order to amend a final sunscreen order under subparagraph (A) or (B), such final sunscreen order shall remain in effect and paragraph (3) shall not apply to such final sunscreen order until the Secretary has issued a new final sunscreen order or has determined not to amend the final sunscreen order. (3) Inclusion of Ingredients that are subjects of Final Orders in the Sunscreen Monograph (A) Amending regulations (i) Requirement At any time that the Secretary proposes to amend part 352 of title 21, Code of Federal Regulations (or any successor regulations) concerning nonprescription sunscreen, including pursuant to section 586E, except as provided in clause (iv), the Secretary shall include in such part 352 (or any successor regulations) any nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients that is the subject of an effective final sunscreen order of the type described in section 586(2)(A) and issued since the time that the Secretary last amended such regulations. Such regulation shall set forth conditions of use under which each such ingredient or combination of ingredients is GRASE and not misbranded. If these conditions differ from, or are in addition to, those previously set forth in the applicable final sunscreen order, the Secretary shall provide notice and opportunity for comment on such conditions in the rulemaking, and the applicable final sunscreen order shall continue in effect until the effective date of a final regulation, as set forth in clause (iii). (ii) Inclusion of orders In proposing to amend the regulations as described in clause (i), the Secretary shall include in the proposed regulations a list of final sunscreen orders that shall cease to be effective on the effective date of a resulting final regulation. Such list shall include all final sunscreen orders of the type described in section 586(2)(A) that are in effect on the date that such regulations are proposed, with the exception that such list shall not include any final sunscreen orders that, on the date that the regulations are proposed, the Secretary is in the process of amending under paragraph (2). (iii) Orders no longer effective Any final sunscreen order included by the Secretary in a list described in clause (ii) and in a list included in resulting final regulations shall cease to be effective on the date that such final regulations including such order in such list become effective. (iv) Ingredients not GRASE If, notwithstanding a final sunscreen order stating that a nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients is GRASE and is not misbranded if marketed in accordance with such order, while amending the regulations as described in clause (i), the Secretary concludes that such ingredient or combination of ingredients is no longer GRASE for use in nonprescription sunscreen, the Secretary shall, at the discretion of the Secretary, either initiate the process for amending the final sunscreen order set forth in paragraph (2) of this subsection or include in a proposed regulation an explanation and information supporting the determination of the Secretary that such ingredient or combination of ingredients is no longer GRASE for use in nonprescription sunscreen. (B) Procedure for updating regulations After the Secretary amends and finalizes the regulations under part 352 of title 21, Code of Federal Regulations under section 586E and such regulations become effective, the Secretary may use direct final rulemaking to include in such regulations any nonprescription sunscreen active ingredients that are the subject of effective final sunscreen orders. 586D. Guidance; other provisions (a) Guidance (1) In general (A) Draft guidance Not later than 1 year after the date of enactment of the Sunscreen Innovation Act (i) the format and content of information submitted by a sponsor in support of a request under section 586A or a pending request; (ii) the data required to meet the safety and efficacy standard for determining whether a nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients is GRASE and is not misbranded; (iii) the process by which a request under section 586A or a pending request is withdrawn; and (iv) the process by which the Secretary will carry out section 586C(c), including with respect to how the Secretary will address the total number of requests received under section 586A and pending requests. (B) Final guidance The Secretary shall finalize the guidance described in subparagraph (A) not later than 2 years after the date of enactment of the Sunscreen Innovation Act (C) Inapplicability of Paperwork Reduction Act Chapter 35 (2) Submissions pending issuance of final guidance Irrespective of whether final guidance under paragraph (1) has been issued— (A) persons may, beginning on the date of enactment of the Sunscreen Innovation Act (B) the Secretary shall review and act upon such submissions in accordance with this subchapter. (b) Rules of construction (1) Currently marketed sunscreens Nothing in this subchapter shall be construed to affect the marketing of sunscreens that are marketed in interstate commerce on or before the date of enactment of this subchapter, except as otherwise provided in this subchapter. (2) Ensuring safety and effectiveness Nothing in this subchapter shall be construed to alter the authority of the Secretary with respect to prohibiting the marketing of a sunscreen that is not safe and effective or is misbranded, or with respect to imposing restrictions on the marketing of a sunscreen to ensure safety and effectiveness, except as otherwise provided in this subchapter, including section 586C(e). (3) Other drugs Except as otherwise provided in section 586F, nothing in this subchapter shall be construed to affect the authority of the Secretary under this Act or the Public Health Service Act (42 U.S.C. 201 et seq.) with respect to a drug other than a nonprescription sunscreen. (4) Effect on drugs otherwise approved Nothing in this subchapter shall affect the marketing of a drug approved under section 505 of this Act or section 351 of the Public Health Service Act. (c) Timelines The timelines for the processes and procedures under paragraphs (1), (2), (5), and (6) of section 586C(a) shall not apply to any requests submitted to the Secretary under section 586A after the date that is 6 years after the date of enactment of the Sunscreen Innovation Act 586E. Sunscreen monograph (a) In general Not later than 5 years after the date of enactment of the Sunscreen Innovation Act (b) Reports If the regulations promulgated under subsection (a) do not include provisions related to the effectiveness of various sun protection factor levels, and do not address all dosage forms known to the Secretary to be used in sunscreens marketed in the United States without a new drug approval under section 505, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the rationale for such provisions not being included in such regulations, and a plan and timeline to compile any information necessary to address such provisions through final regulations. . (b) Rules of construction Nothing in the amendment made by this section shall be construed to— (1) limit the right of a sponsor (as defined in section 586(8) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)) to request that the Secretary of Health and Human Services convene an advisory committee; or (2) limit the authority of the Secretary of Health and Human Services to meet with a sponsor (as defined in section 586(8) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)). 3. Non-sunscreen time and extent applications Subchapter I of chapter V of the Federal Food, Drug, and Cosmetic Act, as added by section 2, is amended by adding at the end the following: 586F. Non-sunscreen time and extent applications (a) Pending time and extent applications (1) In general (A) Request for framework for review If, prior to the date of enactment of the Sunscreen Innovation Act section 330.14 (B) Request requirements A request for a framework for review of an application made under subparagraph (A) shall be made within 180 calendar days of the date of enactment of the Sunscreen Innovation Act (i) the processes and procedures set forth for pending requests under section 586C(b), except that specific timelines shall be determined in accordance with other applicable requirements under this section; (ii) the processes and procedures set forth under part 330 of title 21, Code of Federal Regulations (or any successor regulations); (iii) an initial filing determination under the processes and procedures described in section 586B(b) and the processes and procedures set forth for pending requests under section 586C(b), except that specific timelines shall be determined in accordance with other applicable requirements under this section; or (iv) an initial filing determination under the processes and procedures described in section 586B(b) and the processes and procedures set forth under part 330 of title 21, Code of Federal Regulations (or any successor regulations). (C) No request If a sponsor described in subparagraph (A) does not make such request within 180 calendar days of the date of enactment of the Sunscreen Innovation Act (2) Framework Not later than 1 year after the date of enactment of the Sunscreen Innovation Act (A) such timelines shall account for the considerations under paragraph (5); and (B) the timelines for the various processes and procedures shall not be shorter than the timelines set forth for pending requests under sections 586B(b) and 586C(b), as applicable. (3) Governing processes and procedures for review (A) Election Not later than 60 calendar days after the Secretary provides a framework to a sponsor under paragraph (2), such sponsor may provide an election to the Secretary regarding the processes and procedures for review under clause (i), (ii), (iii), or (iv) of paragraph (1)(B). If such sponsor makes such election, the Secretary shall review the application that is the subject of such election pursuant to the processes and procedures elected by such sponsor and the applicable timelines in calendar days set forth under such framework, which the Secretary shall confirm in writing to the sponsor not later than the date upon which the Secretary provides a report under paragraph (4). If such sponsor does not make such election, such application shall be reviewed by the Secretary in accordance with the timelines of the applicable regulations when such regulations are finalized under subsection (b). (B) Different processes and procedures At any time during review of an application, the Secretary may review such application under different processes and procedures under clause (i), (ii), (iii), or (iv) of paragraph (1)(B) than the processes and procedures the sponsor elected in accordance with subparagraph (A), so long as the Secretary proposes, in writing, the change and the sponsor agrees, in writing, to such change. (C) Inclusion of ingredients in monographs If the sponsor elects to use the processes and procedures for review in accordance with clause (i) or (iii) of paragraph (1)(B), the Secretary may incorporate any resulting final order into a regulation addressing the conditions under which other drugs in the same therapeutic category are GRASE and not misbranded, including through direct final rulemaking, and the final order so incorporated shall cease to be effective on the effective date of the final regulation that addresses such drug. (4) Letter regarding pending applications Not later than 18 months after the date of enactment of the Sunscreen Innovation Act (5) Timelines The timelines in calendar days established by the Secretary pursuant to this subsection— (A) may vary based on the content, complexity, and format of the application submitted to the Secretary; and (B) shall— (i) reflect the public health priorities of the Food and Drug Administration, including the potential public health benefits posed by the inclusion of additional drugs in the over-the-counter drug monograph system; (ii) take into consideration the resources available to the Secretary for carrying out such priorities and the processes and procedures described in paragraphs (1)(B) and (2); and (iii) be reasonable, taking into consideration the requirements described in clauses (i) and (ii). (b) New time and extent applications (1) In general Not later than 18 months after the date of enactment of the Sunscreen Innovation Act Sunscreen Innovation Act section 330.14 (A) timely and efficient completion of evaluations of applications under section 330.14 (B) timely and efficient completion of the review of the safety and effectiveness submissions pursuant to such applications, including establishing— (i) reasonable timelines, in calendar days, for the applicable proposed and final regulations for applications of various content, complexity, and format, and timelines for internal procedures related to such processes; and (ii) measurable metrics for tracking the extent to which the timelines set forth in the regulations are met. (2) Timelines The timelines in calendar days established in the regulations under paragraph (1)— (A) may vary based on the content, complexity, and format of the application submitted to the Secretary; and (B) shall— (i) reflect the public health priorities of the Food and Drug Administration, including the potential public health benefits posed by the inclusion of additional drugs in the over-the-counter drug monograph system; (ii) take into consideration the resources available to the Secretary for carrying out such priorities and the processes and procedures described in paragraph (1); and (iii) be reasonable, taking into consideration the requirements described in clauses (i) and (ii). (3) Procedure In promulgating regulations under this subsection, the Secretary shall issue a notice of proposed rulemaking that includes a copy of the proposed regulation, provide a period of not less than 60 calendar days for comments on the proposed regulation, and publish the final regulation not less than 30 calendar days before the effective date of the regulation. (4) Restrictions Notwithstanding any other provision of law, the Secretary shall promulgate regulations implementing this section only as described in paragraphs (1), (2), and (3). (5) Final regulations The Secretary shall finalize the regulations under this section not later than 27 months after the date of enactment of the Sunscreen Innovation Act . 4. Reports (a) Initial GAO report Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report reviewing the overall progress of the Secretary of Health and Human Services in carrying out subchapter I of chapter V of the Federal Food, Drug, and Cosmetic Act (as added by section 2 and amended by section 3 and subsection (c)), including findings on and recommendations with respect to— (1) the progress made in completing the review of requests under subchapter I of chapter V of the Federal Food, Drug, and Cosmetic Act, including pending requests, and the feasibility of the timelines associated with such subchapter; (2) the role of the Office of the Commissioner of Food and Drugs in issuing determinations with respect to requests reviewed under such subchapter, including the number of requests transferred to the Office of the Commissioner under section 586C of such Act; (3) the extent to which advisory committees were convened by the Secretary regarding requests under subchapter I of chapter V of the Federal Food, Drug, and Cosmetic Act, including pending requests; and (4) the types of metrics that have been, or should be, established for the review of time and extent applications. (b) Subsequent GAO report Not later than 5 1/2 (1) updates on the matters reported on by the Comptroller General under subsection (a); (2) significant factors impacting the ability of the Food and Drug Administration to fulfill the mission of the agency with regard to the regulation of over-the-counter drug products, including finalizing outstanding monographs and responding to emerging and novel safety issues; (3) the performance of the Secretary in carrying out section 586E of the Federal Food, Drug, and Cosmetic Act; (4) the types of metrics that have been, or should be, established for the review and regulation of over-the-counter drug products; and (5) timeliness, efficiency, and accountability in reviewing time and extent applications and safety and effectiveness reviews for over-the-counter drug products. (c) FDA report Subchapter I of chapter V of the Federal Food, Drug, and Cosmetic Act, as amended by section 3, is further amended by adding at the end the following: 586G. Report (a) In general (1) In general Not later than 18 months after the date of enactment of the Sunscreen Innovation Act (2) Contents The reports under this subsection shall include— (A) a review of the progress made in issuing GRASE determinations for pending requests, including the number of pending requests— (i) reviewed and the decision times for each request, measured from the date of the original request for an eligibility determination submitted by the sponsor; (ii) resulting in a determination that the nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients is GRASE and is not misbranded; (iii) resulting in a determination that the nonprescription sunscreen active ingredient or combination of nonprescription sunscreen active ingredients is not GRASE and is misbranded and the reasons for such determinations; and (iv) for which a determination has not been made, and an explanation for the delay, a description of the current status of each such request, and the length of time each such request has been pending, measured from the date of original request for an eligibility determination by the sponsor; (B) a review of the progress made in issuing GRASE determinations for requests not included in the reporting under subparagraph (A), including the number of such requests— (i) reviewed and the decision times for each request; (ii) resulting in a determination that the nonprescription sunscreen active ingredient, combination of nonprescription sunscreen active ingredients, or other ingredient is GRASE and is not misbranded; (iii) resulting in a determination that the nonprescription sunscreen active ingredient, combination of nonprescription sunscreen active ingredients, or other ingredient is not GRASE and is misbranded and the reasons for such determinations; and (iv) for which a determination has not been made, and an explanation for the delay, a description of the current status of each such request, and the length of time each such request has been pending, measured from the date of original request for an eligibility determination by the sponsor; (C) an annual accounting (including information from years prior to the date of enactment of the Sunscreen Innovation Act (D) a description of the staffing and resources relating to the costs associated with the review and decisionmaking pertaining to requests under this subchapter; (E) a review of the progress made in meeting the deadlines with respect to processing requests under this subchapter; and (F) to the extent the Secretary determines appropriate, recommendations for process improvements in the handling of requests under this subchapter, including the advisory committee review process. (b) Method The Secretary shall publish the reports under subsection (a) in the manner the Secretary determines to be the most effective for efficiently disseminating the report, including publication of the report on the Internet website of the Food and Drug Administration. . Speaker of the House of Representatives Vice President of the United States and President of the Senate

Sunscreen Innovation Act

(This measure has not been amended since it was passed by the Senate on December 8, 2014. The summary of that version is repeated here.) Venezuela Defense of Human Rights and Civil Society Act of 2014 - (Sec. 3) Expresses the sense of Congress that: the United States aspires to a mutually beneficial relationship with Venezuela based on respect for human rights and the rule of law, and a productive relationship on issues of public security, including counter narcotics and counterterrorism; the United States supports the efforts of the people of Venezuela to realize their economic potential and advance representative democracy; the government of Venezuela's mismanagement of its economy has produced conditions of economic hardship; the government's failure to guarantee public security has led Venezuela to become one of the most violent countries in the world; the government continues to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature, persecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens; the people of Venezuela have turned out in demonstrations throughout the country to protest the government's inability to ensure their political and economic well-being; and the use of violence by the National Guard and security personnel is intolerable and the use of unprovoked violence by protesters is also a matter of serious concern. (Sec. 4) States that it is U.S. policy to: support the people of Venezuela in their aspiration to live under peace and representative democracy, work with the Organization of American States (OAS) and the European Union (EU) to ensure the peaceful resolution of the situation in Venezuela and the cessation of violence against antigovernment protestors, hold accountable government and security officials in Venezuela responsible for or complicit in the use of force against antigovernment protests, and support the development of democratic political processes and independent civil society in Venezuela. (Sec. 5) Directs the President to impose U.S. asset blocking and U.S. exclusion sanctions against any person, including a current or former government of Venezuela official or a person acting on behalf of such government, who has: perpetrated or is responsible for otherwise directing significant acts of violence or serious human rights abuses against persons associated with the antigovernment protests in Venezuela that began on February 4, 2014; directed or ordered the arrest or prosecution of a person primarily because of the person's legitimate exercise of freedom of expression or assembly; or knowingly materially assisted or provided significant financial, material, or technological support for the commission of such acts. Sets forth related penalty requirements. States that: (1) asset blocking sanctions shall not authorize the imposition of sanctions on imported goods, and (2) U.S. exclusion sanctions shall not apply if necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations or other applicable international obligations. Authorizes the President to waive sanctions if in U.S. national security interests, and with congressional notification. Terminates the requirement to impose sanctions on December 31, 2016. (Sec. 6) Directs the Chairman of the Broadcasting Board of Governors to report to Congress: an evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate news and information; an assessment of efforts relating to broadcasting, information distribution, and circumvention technology distribution in Venezuela by the U.S. government and otherwise; and a strategy for expanding such efforts in Venezuela.

S2142 ENR: Venezuela Defense of Human Rights and Civil Society Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 2142 IN THE SENATE OF THE UNITED STATES AN ACT To impose targeted sanctions on persons responsible for violations of human rights of antigovernment protesters in Venezuela, to strengthen civil society in Venezuela, and for other purposes. 1. Short title This Act may be cited as the Venezuela Defense of Human Rights and Civil Society Act of 2014 2. Findings Congress makes the following findings: (1) The Central Bank of Venezuela and the National Statistical Institute of Venezuela stated that the annual inflation rate in Venezuela in 2013 was 56.30, the highest level of inflation in the Western Hemisphere and the third highest level of inflation in the world behind South Sudan and Syria. (2) The Central Bank of Venezuela and the Government of Venezuela have imposed a series of currency controls that has exacerbated economic problems and, according to the World Economic Forum, has become the most problematic factor for doing business in Venezuela. (3) The Central Bank of Venezuela declared that the scarcity index of Venezuela reached 29.4 percent in March 2014, which signifies that fewer than one in 4 basic goods is unavailable at any given time. The Central Bank has not released any information on the scarcity index since that time. (4) Since 1999, violent crime in Venezuela has risen sharply and the Venezuelan Violence Observatory, an independent nongovernmental organization, found the national per capita murder rate to be 79 per 100,000 people in 2013. (5) The international nongovernmental organization Human Rights Watch recently stated, Under the leadership of President Chàvez and now President Maduro, the accumulation of power in the executive branch and the erosion of human rights guarantees have enabled the government to intimidate, censor, and prosecute its critics. (6) The Country Reports on Human Rights Practices for 2013 of the Department of State maintained that in Venezuela the government did not respect judicial independence or permit judges to act according to the law without fear of retaliation the government used the judiciary to intimidate and selectively prosecute political, union, business, and civil society leaders who were critical of government policies or actions (7) The Government of Venezuela has detained foreign journalists and threatened and expelled international media outlets operating in Venezuela, and the international nongovernmental organization Freedom House declared that Venezuela’s media climate is permeated by intimidation, sometimes including physical attacks, and strong antimedia rhetoric by the government is common (8) Since February 4, 2014, the Government of Venezuela has responded to antigovernment protests with violence and killings perpetrated by its public security forces. (9) In May 2014, Human Rights Watch found that the unlawful use of force perpetrated against antigovernment protesters was part of a systematic practice by the Venezuelan security forces (10) As of September 1, 2014, 41 people had been killed, approximately 3,000 had been arrested unjustly, and more than 150 remained in prison and faced criminal charges as a result of antigovernment demonstrations throughout Venezuela. (11) Opposition leader Leopoldo Lopez was arrested on February 18, 2014, in relation to the protests and was unjustly charged with criminal incitement, conspiracy, arson, and property damage. Since his arrest, Lopez has been held in solitary confinement and has been denied 58 out of 60 of his proposed witnesses at his ongoing trial. (12) As of September 1, 2014, not a single member of the public security forces of the Government of Venezuela had been held accountable for acts of violence perpetrated against antigovernment protesters. 3. Sense of Congress regarding antigovernment protests in Venezuela and the need to prevent further violence in Venezuela It is the sense of Congress that— (1) the United States aspires to a mutually beneficial relationship with Venezuela based on respect for human rights and the rule of law and a functional and productive relationship on issues of public security, including counternarcotics and counterterrorism; (2) the United States supports the people of Venezuela in their efforts to realize their full economic potential and to advance representative democracy, human rights, and the rule of law within their country; (3) the chronic mismanagement by the Government of Venezuela of its economy has produced conditions of economic hardship and scarcity of basic goods and foodstuffs for the people of Venezuela; (4) the failure of the Government of Venezuela to guarantee minimal standards of public security for its citizens has led the country to become one of the most violent and corrupt in the world; (5) the Government of Venezuela continues to take steps to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature through use of executive decree powers, persecute and prosecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens; (6) Venezuelans, responding to ongoing economic hardship, high levels of crime and violence, and the lack of basic political rights and individual freedoms, have turned out in demonstrations in Caracas and throughout the country to protest the failure of the Government of Venezuela to protect the political and economic well-being of its citizens; and (7) the repeated use of violence perpetrated by the National Guard and security personnel of Venezuela, as well as persons acting on behalf of the Government of Venezuela, against antigovernment protesters that began on February 4, 2014, is intolerable and the use of unprovoked violence by protesters is also a matter of serious concern. 4. United States policy toward Venezuela It is the policy of the United States— (1) to support the people of Venezuela in their aspiration to live under conditions of peace and representative democracy as defined by the Inter-American Democratic Charter of the Organization of American States; (2) to work in concert with the other member states within the Organization of American States, as well as the countries of the European Union, to ensure the peaceful resolution of the current situation in Venezuela and the immediate cessation of violence against antigovernment protestors; (3) to hold accountable government and security officials in Venezuela responsible for or complicit in the use of force in relation to antigovernment protests and similar future acts of violence; and (4) to continue to support the development of democratic political processes and independent civil society in Venezuela. 5. Sanctions on persons responsible for violence in Venezuela (a) In general The President shall impose the sanctions described in subsection (b) with respect to any foreign person, including any current or former official of the Government of Venezuela or any person acting on behalf of that Government, that the President determines— (1) has perpetrated, or is responsible for ordering or otherwise directing, significant acts of violence or serious human rights abuses in Venezuela against persons associated with the antigovernment protests in Venezuela that began on February 4, 2014; (2) has ordered or otherwise directed the arrest or prosecution of a person in Venezuela primarily because of the person's legitimate exercise of freedom of expression or assembly; or (3) has knowingly materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services in support of, the commission of acts described in paragraph (1) or (2). (b) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (B) Exclusion from the United States and revocation of visa or other documentation In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (3) Exception relating to importation of goods The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (4) Exception to comply with united nations headquarters agreement Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver The President may waive the application of sanctions under subsection (b) with respect to a person if the President— (1) determines that such a waiver is in the national interest of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and justification for the waiver. (d) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (e) Termination The requirement to impose sanctions under this section shall terminate on December 31, 2016. (f) Definitions In this section: (1) Admitted; alien The terms admitted alien (2) Financial institution The term financial institution section 5312 (3) Foreign person The term foreign person (4) Good The term good 50 U.S.C. 1701 et seq. (5) Knowingly The term knowingly (6) Materially assisted The term materially assisted (7) United states person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 6. Report on broadcasting, information distribution, and circumvention technology distribution in Venezuela (a) In general Not later than 30 days after the date of the enactment of this Act, the Chairman of the Broadcasting Board of Governors (in this section referred to as the Board (1) a thorough evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate, objective, and comprehensive news and information about domestic and international affairs; (2) an assessment of current efforts relating to broadcasting, information distribution, and circumvention technology distribution in Venezuela, by the United States Government and otherwise; and (3) a strategy for expanding such efforts in Venezuela, including recommendations for additional measures to expand upon current efforts. (b) Elements The report required by subsection (a) shall include— (1) an assessment of the current level of Federal funding dedicated to broadcasting, information distribution, and circumvention technology distribution in Venezuela by the Board before the date of the enactment of this Act; (2) an assessment of the extent to which the current level and type of news and related programming and content provided by the Voice of America and other sources is addressing the informational needs of the people of Venezuela; and (3) recommendations for increasing broadcasting, information distribution, and circumvention technology distribution in Venezuela. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Venezuela Defense of Human Rights and Civil Society Act of 2014

Veterans Entrepreneurship Act - Amends the Small Business Act to prohibit the Administrator of the Small Business Administration (SBA) from assessing a guarantee fee in connection with a loan made under the SBA Express Program to a veteran or spouse of a veteran on or after October 1, 2014. Directs the Administrator to report to Congress on: (1) the feasibility of providing financial planning and counseling to owners of small business concerns who are members of a reserve component prior to deployment; (2) the level of outreach to and consultation with female veterans by women's business centers and veterans business outreach centers; and (3) the Military Reservists Economic Injury Disaster Loan Program, which shall include a discussion of SBA outreach efforts to increase participation, the number of loans made, and an analysis of the effectiveness of, and recommendations for improving, the Program.

113 S2143 IS: Veterans Entrepreneurship Act U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2143 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mrs. Shaheen Committee on Small Business and Entrepreneurship A BILL To increase access to capital for veteran entrepreneurs to help create jobs. 1. Short title This Act may be cited as the Veterans Entrepreneurship Act 2. Definitions In this Act— (1) the term Administrator (2) the term reserve component section 10101 (3) the term small business concern 15 U.S.C. 632(a) (4) the term veteran (5) the term Veterans Business Outreach Center (6) the term women's business center 15 U.S.C. 656 3. Permanent SBA express loan guarantee fee waiver for veterans Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) (1) in paragraph (18)(A), by striking With respect Except as provided in paragraph (31), with respect (2) in paragraph (31), adding at the end the following: (G) Guarantee fee waiver for veterans (i) Definition In this subparagraph, the term veteran or spouse of a veteran (I) a veteran, as defined in section 3(q)(4); (II) a member of the Armed Forces serving on active duty who is eligible to participate in the Transition Assistance Program established under section 1144 (III) a member of a reserve component of the Armed Forces named in section 10101 (IV) the spouse of an individual described in subclause (I), (II), or (III); or (V) the surviving spouse of an individual described in subclause (I), (II), or (III) who died while serving on active duty or as a result of a service-connected (as defined in section 101 (ii) Guarantee fee waiver The Administrator may not assess a guarantee fee under paragraph (18) in connection with a loan made under this paragraph to a veteran or spouse of a veteran on or after October 1, 2014. . 4. Report on financial planning and counseling for owners of small business concerns in the National Guard and Reserves Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report assessing the feasibility of providing financial planning and counseling to owners of small business concerns who are members of a reserve component prior to deployment. 5. Report on accessibility and outreach to female veterans by the Small Business Administration Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report assessing the level of outreach to and consultation with female veterans by women's business centers and Veterans Business Outreach Centers. 6. Report on the Military Reservists Economic Injury Disaster Loan Program Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the Military Reservists Economic Injury Disaster Loan Program (in this section referred to as the program 15 U.S.C. 636(b)(3) (1) a discussion of the outreach efforts of the Small Business Administration to increase participation in the program; (2) the number of loans made under the program; (3) an analysis of the effectiveness of the program; and (4) recommendations for improving the program.

Veterans Entrepreneurship Act

Preventing Unnecessary Medicare Payments (PUMP) Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to: (1) apply Medicare competitive bidding to vacuum erection systems, and (2) require the Secretary of Health and Human Services (HHS) to phase-in a national mail order program for such devices.

113 S2144 IS: Preventing Unnecessary Medicare Payments (PUMP) Act of 2014 U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2144 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mrs. McCaskill Committee on Finance A BILL To amend title XVIII of the Social Security Act to apply Medicare competitive bidding to vacuum erection systems and to require the Secretary of Health and Human Services to implement a national mail order program for such devices. 1. Short title This Act may be cited as the Preventing Unnecessary Medicare Payments (PUMP) Act of 2014 2. Application of Medicare competitive bidding to vacuum erection systems and requiring a national mail order program for such devices (a) Inclusion in program Section 1847(a)(2) of the Social Security Act (42 U.S.C. 1395w–3(a)(2)) is amended by adding at the end the following new subparagraph: (D) Vacuum erection systems Vacuum erection systems covered as prosthetic devices described in section 1861(s)(8) for which payment would otherwise be made under section 1834(h). . (b) National mail order program Section 1847(a)(1)(D) of the Social Security Act (42 U.S.C. 1395w–3(a)(1)(D)) is amended by adding at the end the following new clause: (iv) National mail order program for vacuum erection systems The Secretary shall phase in a national mail order program under this section for vacuum erection systems described in paragraph (2)(D). The first round of competition for such program shall occur in 2016, with contracts taking effect after the competition is completed. Chapter 35 Paperwork Reduction Act of 1995 .

Preventing Unnecessary Medicare Payments (PUMP) Act of 2014

Veteran Voting Support Act - Directs the Secretary of Veterans Affairs to provide mail voter registration application forms to each veteran who: (1) seeks to enroll in the Department of Veterans Affairs (VA) health care system at the time of such enrollment, and (2) is already enrolled in such system when there is a change in the veteran's enrollment status or when there is a change in the veteran's address. Requires the Secretary to accept completed application forms for transmittal to appropriate state election officials. Instructs that forms accepted at VA medical centers, community living centers, community-based outpatient centers, and domiciliaries be transmitted within ten days of acceptance, unless a completed form is accepted within five days before the last day for registration to vote in an election, in which case the application shall be transmitted to the appropriate state election official within five days of acceptance. Prohibits any information relating to registering to vote, or to a declination to register to vote, under this Act from being used for any purpose other than voter registration. Requires each Director of a VA community living center, domiciliary, or medical center to provide assistance in voting by absentee ballot to resident veterans. Requires such assistance to include: (1) providing information relating to the opportunity to request an absentee ballot; (2) making available absentee ballot applications upon request, as well as assisting in completing such applications and ballots; and (3) working with local election administration officials to ensure the proper transmission of the applications and ballots. Directs the Secretary to permit nonpartisan organizations to provide voter registration information and assistance at facilities of the VA health care system. Prohibits the Secretary from banning any election administration official, whether state or local, party-affiliated or non-party affiliated, or elected or appointed, from providing voting information to veterans at any VA facility. Directs the Secretary to provide reasonable access to facilities of the VA health care system to state and local election officials for the purpose of providing nonpartisan voter registration services to individuals.

113 S2145 IS: Veteran Voting Support Act U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2145 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mrs. Feinstein Mr. Leahy Mr. Reid Mr. Durbin Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to permit facilities of the Department of Veterans Affairs to be designated as voter registration agencies, and for other purposes. 1. Short title This Act may be cited as the Veteran Voting Support Act 2. Findings Congress makes the following findings: (1) Veterans have performed a great service to, and risked the greatest sacrifice in the name of, our country, and should be supported by the people and the Government of the United States. (2) Veterans are especially qualified to understand issues of war, foreign policy, and government support for veterans, and they should have the opportunity to voice that understanding through voting. (3) The Department of Veterans Affairs should assist veterans to register to vote and to vote. 3. Voter registration and assistance (a) In general The Secretary of Veterans Affairs shall provide a mail voter registration application form to each veteran— (1) who seeks to enroll in the Department of Veterans Affairs health care system (including enrollment in a medical center, a community living center, a community-based outpatient center, or a domiciliary of the Department of Veterans Affairs health care system), at the time of such enrollment; and (2) who is enrolled in such health care system— (A) at any time when there is a change in the enrollment status of the veteran; and (B) at any time when there is a change in the address of the veteran. (b) Providing voter registration information and assistance The Secretary shall provide to each veteran described in subsection (a) the same degree of information and assistance with voter registration as is provided by the Department with regard to the completion of its own forms, unless the applicant refuses such assistance. (c) Transmittal of voter registration application forms (1) In general The Secretary shall accept completed voter registration application forms for transmittal to the appropriate State election official. (2) Transmittal deadline (A) In general Subject to subparagraph (B), a completed voter registration application form accepted at a medical center, community living center, community-based outpatient center, or domiciliary of the Department shall be transmitted to the appropriate State election official not later than 10 days after the date of acceptance. (B) Exception If a completed voter registration application form is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate State election official not later than 5 days after the date of acceptance. (d) Requirements of voter registration information and assistance The Secretary shall ensure that the information and assistance with voter registration that is provided under subsection (b) will not— (1) seek to influence an applicant’s political preference or party registration; (2) display any such political preference or party allegiance; (3) make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or (4) make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not register has any bearing on the availability of services or benefits. (e) Limitation on use of information No information relating to registering to vote, or a declination to register to vote, under this section may be used for any purpose other than voter registration. (f) Enforcement (1) Notice (A) Notice to the facility director or the secretary A person who is aggrieved by a violation of this section or section 4 may provide written notice of the violation to the Director of the facility of the Department health care system involved or to the Secretary. The Director or the Secretary shall respond to a written notice provided under the preceding sentence within 20 days of receipt of such written notice. (B) Notice to the Attorney General and the Election Assistance Commission If the violation is not corrected within 90 days after receipt of a notice under subparagraph (A), the aggrieved person may provide written notice of the violation to the Attorney General and the Election Assistance Commission. (2) Attorney general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section or section 4. 4. Assistance with absentee ballots (a) In general Consistent with State and local laws, each director of a community living center, a domiciliary, or a medical center of the Department of Veterans Affairs health care system shall provide assistance in voting by absentee ballot to veterans residing in the community living center or domiciliary or who are inpatients of the medical center, as the case may be. (b) Assistance provided The assistance provided under subsection (a) shall include— (1) providing information relating to the opportunity to request an absentee ballot; (2) making available absentee ballot applications upon request, as well as assisting in completing such applications and ballots; and (3) working with local election administration officials to ensure proper transmission of absentee ballot applications and absentee ballots. 5. Information provided by nonpartisan organizations The Secretary of Veterans Affairs shall permit nonpartisan organizations to provide voter registration information and assistance at facilities of the Department of Veterans Affairs health care system, subject to reasonable time, place, and manner restrictions, including limiting activities to regular business hours and requiring advance notice. 6. Assistance provided by election officials at department of veterans affairs facilities (a) Distribution of information (1) In general Subject to reasonable time, place, and manner restrictions, the Secretary of Veterans Affairs shall not prohibit any election administration official, whether State or local, party-affiliated or non-party affiliated, or elected or appointed, from providing voting information to veterans at any facility of the Department of Veterans Affairs. (2) Voting information In this subsection, the term voting information (b) Voter registration services The Secretary shall provide reasonable access to facilities of the Department health care system to State and local election officials for the purpose of providing nonpartisan voter registration services to individuals, subject to reasonable time, place, and manner restrictions, including limiting activities to regular business hours and requiring advance notice. 7. Annual report on compliance The Secretary of Veterans Affairs shall submit to Congress an annual report on how the Secretary has complied with the requirements of this Act. Such report shall include the following information with respect to the preceding year: (1) The number of veterans who were served by facilities of the Department of Veterans Affairs health care system. (2) The number of such veterans who requested information on or assistance with voter registration. (3) The number of such veterans who received information on or assistance with voter registration. (4) Information with respect to written notices submitted under section 3(f), including information with respect to the resolution of the violations alleged in such written notices. 8. Rules of construction (a) No individual benefit Nothing in this Act may be construed to convey a benefit to an individual veteran. (b) No effect on other laws Nothing in this Act may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. (2) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.). (3) The Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff et seq. (4) The National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (6) The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq.

Veteran Voting Support Act

Patent Fee Integrity Act - Establishes in the Treasury the United States Patent and Trademark Office Innovation Promotion Fund (Innovation Promotion Fund) to be used as a revolving fund by the Director of the U.S. Patent and Trademark Office (USPTO) without fiscal year limitation. Requires to be credited to or deposited in the Innovation Promotion Fund: (1) appropriations for defraying the costs of USPTO activities; (2) fees collected under federal patent and trademark laws; and (3) any available unobligated balances remaining in the Patent and Trademark Office Appropriation Account and in the Patent and Trademark Fee Reserve Fund. (Replaces the Patent and Trademark Office Appropriation Account, eliminates the Patent and Trademark Fee Reserve Fund, and provides a source of permanent funding for the USPTO.) Requires fees collected by the Director to remain available to the Director until expended. Makes the Public Enterprise Fund available to cover: (1) ordinary and reasonable administrative, operating, and other expenses incurred by the Director for the continued operation of USPTO services, programs, activities, and duties relating to patents and trademarks; and (2) expenses incurred pursuant to obligations, representations, or other commitments of the USPTO. Requires the Director, on an annual basis, to: (1) report to Congress with operation and spending plans for the current and next fiscal year, including financial details and staff levels broken down by each major activity; (2) provide for an independent audit of USPTO financial statements; and (3) submit a budget to the President.

113 S2146 IS: Patent Fee Integrity Act U.S. Senate 2014-03-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2146 IN THE SENATE OF THE UNITED STATES March 13, 2014 Mrs. Feinstein Mr. Coburn Ms. Klobuchar Mr. Flake Committee on the Judiciary A BILL To establish a United States Patent and Trademark Office Innovation Promotion Fund, and for other purposes. 1. Short title This Act may be cited as the Patent Fee Integrity Act 2. Patent and Trademark Office Funding (a) Definitions In this Act: (1) Director The term Director (2) Fund The term Fund (3) Office The term Office (4) Trademark Act of 1946 The term Trademark Act of 1946 An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes 15 U.S.C. 1051 et seq. Trademark Act of 1946 Lanham Act (b) Funding (1) In general Section 42 (A) in subsection (b), by striking Patent and Trademark Office Appropriation Account United States Patent and Trademark Office Innovation Promotion Fund (B) in subsection (c), (i) in paragraph (1)— (I) by striking To the extent fees Fees (II) by striking shall be collected by and shall, subject to paragraph (3), be available to the Director shall be collected by the Director and shall be available to the Director until expended (ii) by striking paragraph (2); and (iii) by redesignating paragraph (3) as paragraph (2). (2) Effective date The amendments made by paragraph (1) shall take effect on the first day of the first fiscal year that begins on or after the date of enactment of this Act. (c) USPTO revolving fund (1) Establishment There is established in the Treasury of the United States a revolving fund to be known as the United States Patent and Trademark Office Innovation Promotion Fund (2) Derivation of resources (A) In general There shall be deposited into the Fund on or after the effective date described in subsection (b)(2)— (i) any fees collected under title 35, United States Code; and (ii) any fees collected under the Trademark Act of 1946. (B) Remaining balances There shall be deposited in the Fund, on the effective date described in subsection (b)(2), any available unobligated balances remaining in the Patent and Trademark Office Appropriation Account, and in the Patent and Trademark Fee Reserve Fund established under section 42(b)(2) (3) Expenses Amounts deposited into the Fund under paragraph (2) shall be available, without fiscal year limitation, to cover— (A) all expenses to the extent consistent with the limitation on the use of fees set forth in section 42(c) of title 35, United States Code, including all administrative and operating expenses, determined in the discretion of the Director to be ordinary and reasonable, incurred by the Director for the continued operation of all services, programs, activities, and duties of the Office relating to patents and trademarks, as such services, programs, activities, and duties are described under— (i) title 35, United States Code; and (ii) the Trademark Act of 1946; and (B) all expenses incurred pursuant to any obligation, representation, or other commitment of the Office. (d) Annual report and operation plan Not later than 60 days after the end of each fiscal year, the Director shall submit to Congress a report that— (1) summarizes the operations of the Office for the preceding fiscal year, including financial details and staff levels broken down by each major activity of the Office; (2) describes the long-term modernization plans of the Office; (3) sets forth details of any progress towards such modernization plans made in the preceding fiscal year; and (4) includes the results of the most recent audit carried out under subsection (f). (e) Annual spending plan (1) In general Not later than 30 days after the beginning of each fiscal year, the Director shall notify the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives of the plan for the obligation and expenditure by the Office of the total amount of the funds for that fiscal year in accordance with section 605 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109–108; 119 Stat. 2334). (2) Contents Each plan under paragraph (1) shall— (A) summarize the operations of the Office for the current and next fiscal year, including financial details and staff levels with respect to major activities; and (B) detail the operating plan of the Office, including specific expense and staff needs, for the current and next fiscal year. (f) Audit The Director shall, on an annual basis, provide for an independent audit of the financial statements of the Office. Such audit shall be conducted in accordance with generally accepted accounting principles. (g) Budget The Fund shall prepare and submit each year to the President a business-type budget in such manner, and before such date, as the President prescribes by regulation.

Patent Fee Integrity Act

Independent Innovator and Repurposing Act - Establishes procedures under which the term of an unexpired patent claiming a method of using a biological product shall be extended for five years from its original expiration date. Requires an application for such an extension to demonstrate that: (1) the patent was issued to an independent innovator, and (2) the owner of record is the independent innovator or a small business (with fewer than 500 employees and which is not affiliated with the holder of the marketing application approved under licensing requirements of the Public Health Service Act for the commercial marketing of such biological product) in which the independent innovator has an ownership interest. Defines "independent innovator" as a person or entity that obtains a method of use patent for a biological product and is not, at the time of invention or patent filing, affiliated with the holder of an approved application for the commercial marketing of the product.

113 S2150 IS: Independent Innovator and Repurposing Act U.S. Senate 2014-03-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2150 IN THE SENATE OF THE UNITED STATES March 24, 2014 Mr. Blumenthal Mr. Hatch Committee on the Judiciary A BILL To advance the public health by encouraging independent innovators to pursue drug repurposing research and develop new treatments and cures by providing appropriate intellectual property protections for those innovations, and for other purposes. 1. Short title This Act may be cited as the Independent Innovator and Repurposing Act 2. Extension of patent term for method of using biological product (a) Extension for regulatory delay The term of a patent claiming a method of using a biological product shall be extended for 5 years from the original expiration date of the patent, which shall include any patent term adjustment granted under section 154(b) (1) an application for an extension is submitted by the owner of record of the patent or its agent in accordance with the requirements of subsection (b); and (2) the term of the patent— (A) has not expired before the application is so submitted; and (B) has not been extended under subsection (c) of this section or section 156 (b) Application for extension To obtain an extension of the term of a patent under this section, the owner of record of the patent or its agent shall submit an application to the Director. The application shall contain— (1) the identity of the biological product; (2) the identity of the patent for which an extension is being sought and the identity of each claim of such patent that claims the method of using the biological product; (3) information demonstrating to the Director that— (A) the patent was issued to an independent innovator; (B) the owner of record is— (i) the independent innovator; or (ii) a qualified small business in which the independent innovator has an ownership interest; (C) an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) (D) a period of not less than 10 years elapsed between the original date of submission of an application for an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) for investigating such method of use and the date on which the Food and Drug Administration approved the application described in subparagraph (C); and (4) a brief description of the activities undertaken by the owner of record of the patent, or the agent of such owner, during such period with respect to the biological product and the significant dates applicable to such activities to the extent such information is possessed by such owner. (c) Determination of extension (1) In general A determination that a patent is eligible for extension shall be made by the Director solely on the basis of the representations contained in the application for the extension. If the Director determines that a patent is eligible for extension under subsection (a) and that the requirements of subsection (b) have been complied with, the Director shall issue to the applicant for the extension of the term of the patent a certificate of extension, under seal, for 5 years. Such certificate shall be recorded in the official file of the patent and shall be considered as part of the original patent. (2) Interim extension If the term of a patent for which an application has been submitted under subsection (b) would expire before a certificate of extension is issued or denied under paragraph (1) respecting the application, the Director shall extend, until such determination is made, the term of the patent for periods of up to one year if the Director determines that the patent is eligible for extension. (d) Definitions In this section: (1) Biological product The term biological product (2) Director The term Director (3) Independent innovator (A) The term independent innovator (i) obtains a method of use patent for a biological product; and (ii) is not, at the time of invention or patent filing, affiliated with the holder of a marketing application approved under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) (B) For purposes of subparagraph (A) and paragraph (4), the term affiliated (4) Qualified small business The term qualified small business (e) Effective date This section shall take effect on the date of the enactment of this Act and shall apply to any unexpired patent issued before, on, or after that effective date.

Independent Innovator and Repurposing Act

Early Warning Reporting System Improvement Act of 2014 - Revises early warning reporting requirements for manufacturers of motor vehicles regarding possible defects of motor vehicles and motor vehicle equipment. Directs the Secretary of Transportation (DOT) to require a manufacturer in cases where the defect has caused a fatality to provide certain additional information as part of its report to the Secretary. Requires that information to be publicly disclosed and entered into the National Highway Traffic Safety Administration (NHTSA) early warning reporting database. Directs the Secretary to: (1) take specified actions to improve public accessibility to information on NHTSA's public vehicle safety databases; and (2) give public notice via the internet of all inspections or investigations conducted by the Secretary to enforce a motor vehicle safety requirement or order, or that are related to a motor vehicle accident due to a possible defect.

113 S2151 IS: Early Warning Reporting System Improvement Act of 2014 U.S. Senate 2014-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2151 IN THE SENATE OF THE UNITED STATES March 25, 2014 Mr. Markey Mr. Blumenthal Committee on Commerce, Science, and Transportation A BILL To enhance the early warning reporting requirements for motor vehicle manufacturers. 1. Short title This Act may be cited as the Early Warning Reporting System Improvement Act of 2014 2. Additional early warning reporting requirements Section 30166(m) (1) in paragraph (3)(C)— (A) by striking The manufacturer (i) In general The manufacturer ; and (B) by adding at the end the following: (ii) Fatal incidents If an incident described in clause (i) involves fatalities, the Secretary shall require the manufacturer to submit, as part of its incident report— (I) all initial claims or notice documents that notified the manufacturer of the incident; (II) any police reports or other documents describing or reconstructing the incident; and (III) any amendments or supplements to the documents described in subclause (I), except for— (aa) medical documents and bills; (bb) property damage invoices or estimates; and (cc) documents related to damages. ; (2) in paragraph (4), by amending subparagraph (C) to read as follows: (C) Disclosure (i) In general The information provided to the Secretary pursuant to this subsection— (I) shall be disclosed publicly unless exempt from disclosure under section 552(b) (II) shall be entered into the early warning reporting database in a manner that is searchable by manufacturer name, vehicle or equipment make and model name, model year, and type of potential defect. (ii) Presumption In administering this subparagraph, the Secretary shall presume in favor of maximum public availability of information. (iii) Inapplicability of confidentiality provisions In administering this paragraph, the confidentiality provisions under section 552(b)(4) (I) production information regarding passenger motor vehicles; (II) information on incidents involving death or injury; (III) numbers of property damage claims; or (IV) aggregated numbers of consumer complaints. ; and (3) by adding at the end the following: (6) Use of early warning reports The Secretary shall consider information gathered under this section in proceedings described in sections 30118 and 30162. . 3. Improved National Highway Traffic Safety Administration vehicle safety databases (a) In general Not later than 2 years after the date of the enactment of this Act, and after consultation with frequent users of its publicly available databases, the Secretary of Transportation (referred to in this section as the Secretary (1) improving organization and functionality, including design features such as drop-down menus, and allowing for data from all of the publicly accessible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner— (A) consistent with the public interest; and (B) that facilitates easy use by consumers; (2) providing greater consistency in presentation of vehicle safety issues; (3) improving searchability about specific vehicles and issues through standardization of commonly used search terms and the integration of databases to enable all to be simultaneously searched using the same keyword search function; and (4) ensuring that all documents, studies, investigations, inspections, incident reports, and other materials related to an incident that are created or obtained by the National Highway Traffic Safety Administration be made publicly available in a manner that is searchable in databases by— (A) manufacturer name, vehicle or equipment make and model name, and model year; (B) type of potential defect; (C) number of injuries or fatalities; and (D) any other element that the Secretary determines to be in the public interest. (b) Inspection and investigation information The Secretary shall— (1) provide public notice of all inspection and investigation activities conducted by the Secretary under section 30166 (2) make such notices, and notice of any enforcement or other action taken as a result of an inspection or investigation— (A) available to consumers on the Internet immediately after such notice is issued; and (B) searchable by manufacturer name, vehicle or equipment make and model name, model year, system or component, and the type of inspection or investigation being conducted.

Early Warning Reporting System Improvement Act of 2014

National Regulatory Budget Act of 2014 - Establishes the Office of Regulatory Analysis in the executive branch as an independent establishment. Requires the Director of such Office to submit by January 30 of each year to the House Committees on Oversight and Government Reform and Small Business and the Senate Committees on Homeland Security and Governmental Affairs and Small Business and Entrepreneurship a Report on National Regulatory Costs, which shall include: (1) regulatory costs imposed on regulated entities; (2) an analysis of any major changes in estimation methodology used by the Office since its last annual report; (3) an analysis of any major estimate changes caused by improved or inadequate data; and (4) recommendations on how regulations may be streamlined, simplified, and modernized, what regulations should be repealed, and how the federal government may reduce the cost of regulations without diminishing their effectiveness. Requires the Director to publish in the Federal Register and on the website of the Office a regulatory analysis of each proposed covered federal rule (i.e., a rule, an information collection requirement, guidance, or a directive that imposes not less than $25 million in annual costs on regulated entities) and each proposed withdrawal or modification of a covered federal rule by an executive agency that imposes or reduces costs on a regulated entity. Requires Congress, not later than July 31 of each year, to pass a bill establishing a National Regulatory Budget that sets an annual overall regulatory cost cap and an annual agency regulatory cost cap for each executive agency for the fiscal year beginning on October 1. Provides that the initial National Regulatory Budget shall take effect in FY2016. Makes cooperation with the requests of the Director for information mandatory upon executive agencies. Imposes sanctions on such agencies for failure to provide timely information to the Director. Prohibits an executive agency that exceeds the annual agency regulatory cost cap imposed by the National Regulatory Budget for a fiscal year from promulgating a new covered federal rule that increases regulatory costs. Requires the Director to report to Congress on positions in the federal government that are duplicative of the work performed by the Office and on the effectiveness of regulatory analysis.

113 S2153 IS: National Regulatory Budget Act of 2014 U.S. Senate 2014-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2153 IN THE SENATE OF THE UNITED STATES March 25, 2014 Mr. Rubio Committee on Homeland Security and Governmental Affairs A BILL To establish a National Regulatory Budget, and for other purposes. 1. Short title This Act may be cited as the National Regulatory Budget Act of 2014 2. Establishment of the Office of Regulatory Analysis (a) In general Part I of title 5, United States Code, is amended by inserting after chapter 6 the following: 6A National Regulatory Budget and Office of Regulatory Analysis Sec. 613. Definitions. 614. Office of Regulatory Analysis; establishment; powers. 615. Functions of Office of Regulatory Analysis; Executive branch agency compliance. 616. Public disclosure of estimate methodology and data; privacy. 617. National Regulatory Budget; timeline. 618. Executive branch agency cooperation mandatory; information sharing. 619. Enforcement. 620. Regulatory Analysis Advisory Board. 613. Definitions In this chapter— (1) the term aggregate costs (A) the direct costs of the covered Federal rule; and (B) the regulatory costs of the covered Federal rule; (2) the term covered Federal rule (A) a rule (as defined in section 551); (B) an information collection requirement given a control number by the Office of Management and Budget; or (C) guidance or a directive that— (i) is not described in subparagraph (A) or (B); (ii) (I) is mandatory in its application to regulated entities; or (II) represents a statement of agency position that regulated entities would reasonably construe as reflecting the enforcement or litigation position of the agency; and (iii) imposes not less than $25,000,000 in annual costs on regulated entities; (3) the term direct costs (A) expenditures made by an Executive branch agency that relate to the promulgation, administration, or enforcement of a covered Federal rule; or (B) costs incurred by an Executive branch agency, a Government corporation, the United States Postal Service, or any other instrumentality of the Federal Government because of a covered Federal rule; (4) the term Director (5) the term Executive branch agency (A) an Executive department (as defined in section 101); and (B) an independent establishment (as defined in section 104); (6) the term regulated entity (A) a for-profit private sector entity (including an individual who is in business as a sole proprietor); (B) a not-for-profit private sector entity; or (C) a State or local government; and (7) the term regulatory costs 614. Office of Regulatory Analysis; establishment; powers (a) Establishment There is established in the executive branch an independent establishment to be known as the Office of Regulatory Analysis (b) Director (1) Establishment of position There shall be at the head of the Office of Regulatory Analysis a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Term (A) In general The term of office of the Director shall— (i) be 4 years; and (ii) expire on the last day of February following each Presidential election. (B) Appointments prior to expiration of term Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. (C) Service until appointment of successor An individual serving as Director at the expiration of a term may continue to serve until a successor is appointed. (3) Powers (A) Appointment of Deputy Directors, officers, and employees (i) In general The Director may appoint Deputy Directors, officers, and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53. (ii) Term of Deputy Directors A Deputy Director shall serve until the expiration of the term of office of the Director who appointed the Deputy Director (and until a successor to that Director is appointed), unless sooner removed by the Director. (B) Contracting (i) In general The Director may contract for financial and administrative services (including those related to budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration, or such other Federal agency as the Director determines appropriate, for which payment shall be made in advance, or by reimbursement, from funds of the Office of Regulatory Analysis in such amounts as may be agreed upon by the Director and the head of the Federal agency providing the services. (ii) Subject to appropriations Contract authority under clause (i) shall be effective for any fiscal year only to the extent that appropriations are available for that purpose. (c) Authorization of appropriations There are authorized to be appropriated to the Office of Regulatory Analysis for each fiscal year such sums as may be necessary to enable the Office of Regulatory Analysis to carry out its duties and functions. 615. Functions of Office of Regulatory Analysis; Executive branch agency compliance (a) Annual report required (1) In general Not later than January 30 of each year, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Small Business of the House of Representatives a Report on National Regulatory Costs (referred to in this section as the Report (2) Contents Each Report shall include– (A) an estimate, for the fiscal year during which the Report is submitted and for the preceding fiscal year, of— (i) the regulatory costs imposed by each Executive branch agency on regulated entities; (ii) the aggregate costs imposed by each Executive branch agency; (iii) the aggregate costs imposed by all Executive branch agencies combined; (iv) the direct costs incurred by the Federal Government because of covered Federal rules issued by each Executive branch agency; (v) the sum of the costs described in clauses (iii) and (iv); (vi) the regulatory costs imposed by each Executive branch agency on small businesses, small organizations, and small governmental jurisdictions (as those terms are defined in section 601); and (vii) the sum of the costs described in clause (vi); (B) an analysis of any major changes in estimation methodology used by the Office of Regulatory Analysis since the previous annual report; (C) an analysis of any major estimate changes caused by improved or inadequate data since the previous annual report; (D) recommendations, both general and specific, regarding— (i) how regulations may be streamlined, simplified, and modernized; (ii) regulations that should be repealed; and (iii) how the Federal Government may reduce the costs of regulations without diminishing the effectiveness of regulations; and (E) any other information that the Director determines may be of assistance to Congress in determining the National Regulatory Budget required under section 617. (b) Regulatory analysis of new rules (1) Requirement The Director shall publish in the Federal Register and on the website of the Office of Regulatory Analysis a regulatory analysis of each proposed covered Federal rule issued by an Executive branch agency, and each proposed withdrawal or modification of a covered Federal rule by an Executive branch agency, that— (A) imposes costs on a regulated entity; or (B) reduces costs imposed on a regulated entity. (2) Contents Each regulatory analysis published under paragraph (1) shall include— (A) an estimate of the change in regulatory cost of each proposed covered Federal rule (or proposed withdrawal or modification of a covered Federal rule); and (B) any other information or recommendation that the Director may choose to provide. (3) Timing of regulatory analysis (A) Initial regulatory analysis Not later than 60 days after the date on which the Director receives a copy of a proposed covered Federal rule from the head of an Executive branch agency under paragraph (4), the Director shall publish an initial regulatory analysis. (B) Revised regulatory analysis The Director may publish a revised regulatory analysis at any time. (4) Notice to Director of proposed covered Federal rule The head of an Executive branch agency shall provide a copy of each proposed covered Federal rule to the Director in a manner prescribed by the Director. (c) Effective dates (1) In general Except as provided in paragraph (2), a covered Federal rule may not take effect earlier than 75 days after the date on which the head of the Executive branch agency proposing the covered Federal rule submits a copy of the proposed covered Federal rule to the Director in the manner prescribed by the Director under subsection (b)(4). (2) Exception If the head of the Executive branch agency proposing a covered Federal rule determines that the public health or safety or national security requires that the covered Federal rule be promulgated earlier than the date specified under paragraph (1), the head of the Executive branch agency may promulgate the covered Federal rule without regard to paragraph (1). 616. Public disclosure of estimate methodology and data; privacy (a) Privacy The Director shall comply with all relevant privacy laws, including— (1) the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note); (2) section 9 (3) section 6103 (b) Disclosure (1) In general To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the Report on National Regulatory Costs required under section 615. (2) Goal of disclosure In disclosing the methodology and data under paragraph (1), the Director shall seek to provide sufficient information so that outside researchers may replicate the results contained in the Report on National Regulatory Costs. 617. National Regulatory Budget; timeline (a) Definition In this section— (1) the term annual overall regulatory cost cap (2) the term annual agency regulatory cost cap (3) the term National Regulatory Budget (A) the annual overall regulatory cost cap; and (B) an annual agency regulatory cost cap for each Executive branch agency. (b) Committee deadlines (1) Referral Not later than March 31 of each year— (A) the Committee on Small Business and Entrepreneurship of the Senate shall refer to the Committee on Homeland Security and Governmental Affairs of the Senate a bill that sets forth a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and (B) the Committee on Small Business of the House of Representatives shall refer to the Committee on Oversight and Government Reform of the House of Representatives a bill that sets forth a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (2) Reporting Not later than May 31 of each year— (A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and (B) the Committee on Oversight and Government Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (c) Passage Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (d) Presentment Not later than September 15 of each year, Congress shall pass and present to the President a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (e) Default budget (1) In general If a National Regulatory Budget is not enacted with respect to a fiscal year, the most recently enacted National Regulatory Budget shall apply to that fiscal year. (2) Default initial budget (A) Calculation If a National Regulatory Budget is not enacted with respect to a fiscal year, and no National Regulatory Budget has previously been enacted— (i) the annual agency regulatory cost cap for an Executive branch agency for the fiscal year shall be equal to the amount of regulatory costs imposed by that Executive branch agency on regulated entities during the preceding fiscal year, as estimated by the Director in the annual report submitted to Congress under section 615(a); and (ii) the annual overall regulatory cost cap for the fiscal year shall be equal to the sum of the amounts described in clause (i). (B) Effect For purposes of section 619, an annual agency regulatory cost cap described in subparagraph (A) that applies to a fiscal year shall have the same effect as if the annual agency regulatory cost cap were part of a National Regulatory Budget applicable to that fiscal year. (f) Initial budget The first National Regulatory Budget shall be with respect to fiscal year 2016. 618. Executive branch agency cooperation mandatory; information sharing (a) Executive branch agency cooperation mandatory Not later than 45 days after the date on which the Director requests any information from an Executive branch agency, the Executive branch agency shall provide the Director with the information. (b) Memoranda of understanding regarding confidentiality (1) In general An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. (2) Degree of confidentiality or data protection An Executive branch agency may not require a greater degree of confidentiality or data protection from the Director in a memorandum of understanding entered into under paragraph (1) than the Executive branch agency itself must adhere to. (3) Scope A memorandum of understanding entered into by the Director and an Executive branch agency under paragraph (1) shall— (A) be general in scope; and (B) govern all pending and future requests made to the Executive branch agency by the Director. (c) Sanctions for non-Cooperation (1) In general The appropriations of an Executive branch agency for a fiscal year shall be reduced by one-half of 1 percent if, during that fiscal year, the Director finds that— (A) the Executive branch agency has failed to timely provide information that the Director requested under subsection (a); (B) the Director has provided notice of the failure described in subparagraph (A) to the Executive branch agency; (C) the Executive branch agency has failed to cure the failure described in subparagraph (A) within 30 days of being notified under subparagraph (B); and (D) the information that the Director requested under subsection (a)— (i) is in the possession of the Executive branch agency; or (ii) may reasonably be developed by the Executive branch agency. (2) Sequestration The Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, shall enforce a reduction in appropriations under paragraph (1) by sequestering the appropriate amount of funds and returning the funds to the Treasury. (3) Appeals (A) In general The Director of the Office of Management and Budget may reduce the amount of, or except as provided in subparagraph (B), waive, a sanction imposed under paragraph (1) if the Director of the Office of Management and Budget finds that— (i) the sanction is unwarranted; (ii) the sanction is disproportionate to the gravity of the failure; (iii) the failure has been cured; or (iv) providing the requested information would adversely affect national security. (B) No waiver for historically non-compliant agencies The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraph (1) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). (d) National security The Director may not require an Executive branch agency to provide information under subsection (a) that would adversely affect national security. 619. Enforcement (a) Exceeding annual agency regulatory cost cap An Executive branch agency that exceeds the annual agency regulatory cost cap imposed by the National Regulatory Budget for a fiscal year may not promulgate a new covered Federal rule that increases regulatory costs until the Executive branch agency no longer exceeds the annual agency regulatory cost cap imposed by the applicable National Regulatory Budget. (b) Determination of Director (1) In general An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 615(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. (2) Timing The Director shall make a determination under paragraph (1) with respect to a proposed covered Federal rule not later than 60 days after the Director receives a copy of the proposed covered Federal rule under section 615(b)(4). (c) Effect of violation of this section (1) No force or effect A covered Federal rule that is promulgated in violation of this section shall have no force or effect. (2) Judicial Enforcement Any party may bring an action in a district court of the United States to declare that a covered Federal rule has no force or effect because the covered Federal rule was promulgated in violation of this section. 620. Regulatory Analysis Advisory Board (a) Establishment of Board In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall— (1) establish a Regulatory Analysis Advisory Board; and (2) appoint not fewer than 9 and not more than 15 individuals as members of the Regulatory Analysis Advisory Board. (b) Qualifications The Director shall appoint individuals with technical and practical expertise in economics, law, accounting, science, management, and other areas that will aid the Director in preparing the annual Report on National Regulatory Costs required under section 615. . (b) Technical and conforming amendments (1) Table of chapters The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 6 the following: 6A. National Regulatory Budget and Office of Regulatory Analysis 613 . (2) Internal Revenue Code of 1986 Section 6103(j) (7) Office of Regulatory Analysis Upon written request by the Director of the Office of Regulatory Analysis established under section 614 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs. . 3. Report on duplicative personnel; report on regulatory analysis (a) Report on duplicative personnel Not later than December 31, 2014, the Director shall submit to Congress a report determining positions in the Federal Government that are— (1) duplicative of the work performed by the Office of Regulatory Analysis established under section 614 of title 5, United States Code; or (2) otherwise rendered cost ineffective by the work of the Office of Regulatory Analysis. (b) Report on regulatory analysis (1) Report required Not later than June 30, 2015, the Director shall provide to Congress a report analyzing the practice with respect to, and the effectiveness of— (A) chapter 6 of this title (commonly known as the Regulatory Flexibility Act (B) the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 (C) chapter 35 Paperwork Reduction Act (D) each Executive order that mandates economic analysis of Federal regulations; and (E) Office of Management and Budget circulars, directives, and memoranda that mandate the economic analysis of Federal regulation. (2) Recommendations The report under paragraph (1) shall include recommendations about how Federal regulatory analysis may be improved. 4. Administrative procedure (a) Definition of rule Section 551(4) requirements of an agency , whether or not the agency statement amends the Code of Federal Regulations and including, without limitation, a statement described by the agency as a regulation, rule, directive, or guidance, (b) Notice of proposed rulemaking Section 553(b) interpretative rules, general statements of policy, or

National Regulatory Budget Act of 2014

(This measure has not been amended since it was reported to the Senate on July 23, 2014. The summary of that version is repeated here.) Emergency Medical Services for Children Reauthorization Act of 2014 - Amends the Public Health Service Act to reauthorize the Emergency Medical Services for Children Program through FY2019.

S2154 ENR: Emergency Medical Services for Children Reauthorization Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Thirteenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen S. 2154 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Public Health Service Act to reauthorize the Emergency Medical Services for Children Program. 1. Short title This Act may be cited as the Emergency Medical Services for Children Reauthorization Act of 2014 2. Authorization of appropriations Section 1910(d) of the Public Health Service Act ( 42 U.S.C. 300w–9(d) (1) by striking and $30,387,656 $30,387,656 (2) by inserting before the period , and $20,213,000 for each of fiscal years 2015 through 2019 Speaker of the House of Representatives Vice President of the United States and President of the Senate

Emergency Medical Services for Children Reauthorization Act of 2014

Maximizing Spectrum Efficiency and Value Act of 2014 - Amends the National Telecommunications and Information Administration Organization Act to establish a Federal Spectrum Reallocation Commission to make recommendations to the President on the reallocation of federal spectrum over a specified time period. Directs each federal agency to include a spectrum utilization plan as part of the budget justification documents submitted to Congress each fiscal year. Requires copies of the plan to be submitted to the Reallocation Commission, the Secretary of Commerce, and the National Telecommunications and Information Administration (NTIA). Requires the Secretary to submit to Congress, the Comptroller General (GAO), and the Reallocation Commission a report identifying and recommending for reallocation bands of frequencies that: (1) are allocated primarily for federal government use, (2) are not required for federal government needs, and (3) can feasibly be made available for assignment through a competitive bidding system under the Communications Act of 1934 during the five-year period beginning on the date of submission of the report. Directs the Reallocation Commission to hold public hearings and submit to the President and Congress a review and analysis of the Secretary's recommendations with an explanation and justification of any Reallocation Commission recommendation for federal spectrum reallocation that is different from the Secretary's recommendations. Directs the President to determine whether to approve the Reallocation Commission recommendations and to submit a report on such determination to Congress and the Reallocation Commission. Sets forth a process requiring the Reallocation Commission, if the President disapproves the recommendations, to continue submitting a revised list of recommendations until the President approves it. Terminates the Reallocation Commission 60 days after the President approves the recommendations. Directs the President to submit the approved recommendations to Congress. Directs the head of each federal entity required to relocate spectrum under the approved recommendations to prepare and submit an implementation plan to the President, Congress, the NTIA, the Federal Communications Commission (FCC), the Office of Management and Budget (OMB), and GAO. Directs each such federal entity, after the President submits the approved recommendations to Congress, to: (1) initiate actions required to comply with the recommendations within two years, and (2) complete such actions within five years. Prohibits federal entities from initiating such compliance actions if a joint resolution is enacted that disapproves the recommendations within a specified period. Requires the FCC, within two years after the President submits the approved recommendations to Congress, to commence the auctioning of frequencies that will be made available for assignment of new intitial licenses subject to new service rules or for other purposes. Directs any federal government station operating on electromagnetic spectrum identified in the approved recommendations for the reallocation of federal spectrum, to the maximum extent practicable, to relocate its spectrum use to other frequencies allocated for federal use or to consolidate its spectrum use with other federal government stations in a manner that maximizes the spectrum available for nonfederal use. Authorizes Congress, if a federal entity fails to comply with an OMB-approved relocation deadline, to decrease the amount appropriated to the entity in the following fiscal year by up to one-half of 1%. Sets forth authority for the payment of relocation or sharing costs from the Spectrum Relocation Fund. Requires specified proceeds from the auction of frequencies to be deposited in the Treasury's general fund for the sole purpose of deficit reduction. Prohibits the FCC from: (1) establishing licensing conditions relating to its Report and Order on Preserving the Open Internet and Broadband Industry Practices adopted on December 21, 2010, (2) restricting the number or type of bidders or any specific bidder from participating in a public auction, (3) prescribing the rates or terms of or otherwise conditioning services that may be offered by successful bidders in any such auction, or (4) imposing any additional license requirements or rules on successful bidders once any such auction has been completed.

113 S2155 IS: Maximizing Spectrum Efficiency and Value Act of 2014 U.S. Senate 2014-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2155 IN THE SENATE OF THE UNITED STATES March 25, 2014 Mr. Kirk Committee on Commerce, Science, and Transportation A BILL To amend the National Telecommunications and Information Administration Organization Act to create a Federal Spectrum Reallocation Commission, to provide for the use of a portion of the proceeds from the auction of reallocated Federal spectrum for deficit reduction, and for other purposes. 1. Short title This Act may be cited as the Maximizing Spectrum Efficiency and Value Act of 2014 2. Findings Congress finds the following: (1) Demand for electromagnetic spectrum is sharply rising due to the growing advanced network of communications devices that rely on spectrum to transmit and receive information. (2) It is necessary for the United States to maintain its investments in innovation of spectrum and broadband infrastructure to ensure the United States is a global leader in the wireless age. (3) Spectrum is a finite resource, and in order to spur innovation, the United States must provide for better and more efficient spectrum management. (4) Many spectrum holders do not efficiently use their frequency assignments, and a restructuring of the usable spectrum is a viable solution to make up for this lost opportunity. (5) Making available additional spectrum to meet the demands of broadband technologies and services will prevent dropped connections, blocked service, decreased connection speed, and even higher prices for certain advanced applications. (6) The availability of increased spectrum will allow advanced technologies such as 4G mobile services, high-speed wireless, high definition television, and more to continue operating without network problems and interference. (7) The United States public debt totals not less than $14,300,000,000,000. (8) Congress should look for ways to increase Federal Government revenues without creating additional burdens on taxpayers. (9) Auctioning spectrum is the most economically sound method for accurate valuation and assignment of spectrum to develop the next generation of wireless technologies, expand broadband service to underserved areas of the country, develop an interoperable public safety network, and reduce the deficit. (10) Certain frequencies of spectrum have substantial market value and could raise significant new revenue in a public auction. (11) Barriers to a spectrum auction such as regulatory and administrative delays are not conducive to the free-market approach and can hurt innovation. (12) Federal Government spectrum, while extremely important, is vast and should be included in any spectrum reform initiative. 3. Federal Spectrum Reallocation Commission (a) In general Part B of title I of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 921 et seq. 120. Federal Spectrum Reallocation Commission (a) Definitions In this section— (1) the term appropriate congressional committees (A) the Committee on Appropriations of the Senate; (B) the Committee on Appropriations of the House of Representatives; (C) the Committee on Commerce, Science, and Transportation of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives; (2) the term Chairperson (3) the term Director (4) the term Executive agency (5) the term Federal entity (6) the term Reallocation Commission (7) the term relocation or sharing costs (A) means the costs incurred by a Federal entity to achieve comparable capability of systems, regardless of whether that capability is achieved by relocating to a new frequency assignment or by utilizing an alternative technology; and (B) includes— (i) the costs of any modification or replacement of equipment, software, facilities, operating manuals, training costs, or regulations that are attributable to relocation; (ii) the costs of all engineering, equipment, software, site acquisition, and construction costs, as well as any legitimate and prudent transaction expense, including outside consultants, and reasonable additional costs incurred by the Federal entity that are attributable to relocation, including increased recurring costs associated with the replacement facilities; (iii) the costs of engineering studies, economic analyses, or other expenses reasonably incurred in calculating the estimated relocation or sharing costs that are provided to the Commission under subsection (e)(1)(C) and approved by the Director of the Office of Management and Budget under subsection (e)(1)(D); (iv) the one-time costs of any modification of equipment reasonably necessary to accommodate commercial use of reallocated frequencies prior to the termination of the Federal entity’s primary allocation or protected status, when the frequencies are made available for private-sector uses by competitive bidding and a Federal entity retains primary allocation or protected status in those frequencies for a period of time after the completion of the competitive bidding process; and (v) the costs associated with the accelerated replacement of systems and equipment if such acceleration is necessary to ensure the timely relocation of systems to a new frequency assignment. (b) Establishment and operation of Reallocation Commission (1) Establishment There is established an independent commission to be known as the Federal Spectrum Reallocation Commission (2) Duties The Reallocation Commission shall carry out the duties described in this section. (3) Membership (A) Appointments (i) In general The Reallocation Commission shall be composed of 9 members appointed by the President, by and with the advice and consent of the Senate. (ii) Requirements for membership (I) In general Of the 9 members appointed by the President under clause (i)— (aa) not more than 1 member may be a current employee or contractor of the Department of Defense; (bb) not more than 1 member may be former employee or contractor of the Department of Defense; (cc) not fewer than 1 member shall be a representative of the commercial mobile technology industry; and (dd) not fewer than 1 member shall be a representative from a standards-setting body that is accredited by the American National Standards Institute to develop voluntary industry standards. (II) Private-sector representation In making appointments under clause (i), the President shall ensure that there is robust private-sector representation on the Reallocation Commission. (iii) Transmission of nominations Not later than 180 days after the date of enactment of this section, the President shall transmit to the Senate the nominations for appointment to the Commission. (iv) Consultation In selecting individuals for nominations for appointments to the Reallocation Commission, the President shall consult with— (I) the Speaker of the House of Representatives concerning the appointment of 3 members; (II) the majority leader of the Senate concerning the appointment of 3 members; (III) the minority leader of the House of Representatives concerning the appointment of 1 member; and (IV) the minority leader of the Senate concerning the appointment of 1 member. (v) Nonpolitical nature of appointment No political test or qualification may be used in selecting, appointing, promoting, or taking other personnel actions with respect to members, officers, agents, or employees of the Reallocation Commission. (B) Chairperson At the time the President nominates individuals for appointments under subparagraph (A), the President shall designate 1 of the individuals nominated to serve as the Chairperson of the Reallocation Commission. (C) Terms (i) In general Each member of the Reallocation Commission may serve until the Commission sunsets under paragraph (12). (ii) Chairperson The Chairperson may serve until the confirmation of a successor. (iii) Vacancies Any vacancy in the Reallocation Commission shall be filled in the same manner as the original appointment. (D) Compensation of members (i) In general Each member of the Reallocation Commission, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 (ii) Chairperson The Chairperson shall be paid for each day referred to in clause (i) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (4) Meetings (A) In general Each meeting of the Reallocation Commission, other than meetings in which classified information is to be discussed, shall be open to the public. (B) Access to information All of the proceedings, information, and deliberations of the Commission shall be open, upon request, to— (i) the Chairman and the ranking member of the Subcommittee on Communications, Technology, and the Internet of the Committee on Commerce, Science, and Transportation of the Senate, or such other members of the Subcommittee designated by the Chairman or ranking member of the Subcommittee; (ii) the Chairman and the ranking member of the Subcommittee on Communications and Technology of the Committee on Energy and Commerce of the House of Representatives, or such other members of the Subcommittee designated by the Chairman or ranking member of the Subcommittee; and (iii) the Chairmen and ranking members of the Subcommittees on Commerce, Justice, Science, and Related Agencies and on Financial Services and General Government of the Committees on Appropriations of the Senate and of the House of Representatives, or such other members of the Subcommittees designated by such Chairmen or ranking members. (5) Director of staff (A) In general The Reallocation Commission shall, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a Director. (B) Pay The Director shall, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates), be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (6) Staff (A) In general Subject to subparagraphs (B) and (C), the Director, with the approval of the Reallocation Commission, may appoint and fix the pay of additional personnel as may be necessary to enable the Reallocation Commission to perform the duties of the Reallocation Commission. (B) Limitation The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual appointed under this paragraph may not receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule. (C) Detail of Government employees Upon request of the Director, the Secretary may detail any of the personnel of the Department of Commerce to the Reallocation Commission to assist the Reallocation Commission in carrying out its duties. (D) GAO agreement The Comptroller General of the United States shall provide assistance, including the detailing of employees, to the Reallocation Commission in accordance with an agreement entered into with the Reallocation Commission. (7) Procurement of temporary and intermittent services The Chairperson may procure temporary and intermittent services under section 3109 (8) Property The Chairperson may lease space and acquire personal property to the extent funds are available. (9) Postal and printing services The Reallocation Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other agencies of the United States. (10) Obtaining information The Reallocation Commission may secure directly from any agency or department of the United States information necessary to enable it to carry out its duties under this section. Upon request of any member of the Reallocation Commission, the head of that agency or department shall furnish that information to the Reallocation Commission in a full and timely manner. (11) Funding There are authorized to be transferred to the Reallocation Commission $13,000,000 from the Spectrum Relocation Fund established under section 118 to carry out the duties of the Reallocation Commission under this section, and such funds shall remain available until the term of the Reallocation Commission sunsets under paragraph (12). The funds remaining after the sunset of the Commission shall be returned to the Treasury for the sole purpose of deficit reduction. (12) Sunset This subsection is repealed effective 60 days after the date on which the President approves the recommendations of the Reallocation Commission pursuant to subsection (d)(4). (c) Spectrum utilization plan (1) In general As part of the budget justification documents submitted to Congress in support of the budget submitted under section 1105 of title 31, United States Code, for each fiscal year, the head of each Federal entity shall include a spectrum utilization plan. (2) Contents A spectrum utilization plan submitted by the head of a Federal entity under paragraph (1) shall include— (A) the total spectrum authorized for the entity (in percentage terms and in sum) in each band the entity uses; (B) the approximate number of transmitters, end-user terminals, or receivers, excluding unintended radiators, that have been deployed by the entity or authorized to be used by the entity; (C) if such information is available— (i) the type of transmitters, end-user terminals, or receivers, excluding unintended radiators, operated by the entity and whether they are space-, air-, or ground-based; (ii) the type of transmitters, end-user terminals, or receivers, excluding unintended radiators, authorized to be operated by the entity and whether they are space-, air-, or ground-based; (iii) contour maps or other information that illustrates the coverage area, receiver performance, and other parameters relevant to an assessment of the availability of spectrum in each band used by the entity; (iv) the approximate geolocation of base stations or fixed transmitters used by the entity; (v) the approximate extent of use, by geography, of each band of frequencies used by the entity, such as the amount and percentage of time of use, number of end-users, or other measures as appropriate to the particular band; (vi) the activities, capabilities, functions, or missions supported by the transmitters, end-user terminals, or receivers used by the entity; and (vii) the types of unlicensed devices authorized to be operated by the entity; (D) the opportunity cost borne by the entity for each spectrum band the entity uses; (E) the planned uses of technologies or expanded services requiring spectrum for a period of time agreed to by the entity; and (F) suggested spectrum-efficient approaches to meeting the spectrum requirements identified under subparagraph (E). (3) Requirement The head of each Federal entity required to submit a spectrum utilization plan under paragraph (1) shall submit a copy of each plan submitted under such paragraph to the Reallocation Commission, the Secretary, and the NTIA. (4) National security; classified information (A) National security If the head of a Federal entity determines that disclosure of information required under paragraph (1) would be harmful to the national security of the United States, such head shall— (i) notify the Secretary of such determination; and (ii) provide to the Secretary— (I) the other publicly releasable information required under paragraph (1); (II) to the maximum extent practicable, a summary description of the information with respect to which the determination was made; and (III) an annex containing the information with respect to which the determination was made. (B) Classified information If the head of a Federal entity determines that any information required under paragraph (1) is classified in accordance with Executive Order 13526 ( 50 U.S.C. 435 (i) notify the Secretary of such determination; and (ii) provide to the Secretary— (I) the information required under paragraph (1) that is not classified; (II) to the maximum extent practicable, a summary description of the information that is classified; and (III) an annex containing the information that is classified. (C) Annex restriction (i) Availability to NTIA and Relocation Commission The Secretary shall make an annex described in subparagraph (A)(ii)(III) or (B)(ii)(III) available to the NTIA and the Relocation Commission. (ii) No public availability The NTIA, the Secretary, and the Relocation Commission shall not make an annex described in subparagraph (A)(ii)(III) or (B)(ii)(III) available to the public or to any unauthorized person through any means. (d) Procedure for making recommendations for spectrum reallocation (1) Recommendations by Secretary of Commerce Not later than 18 months after the date on which the President submits the budget documents that include spectrum utilization plans described in subsection (c) to Congress for the first fiscal year following the date of enactment of this section, the Secretary shall prepare and submit to the appropriate congressional committees, the Comptroller General of the United States, and the Reallocation Commission a report identifying and recommending for reallocation bands of frequencies— (A) that are allocated on a primary basis for Federal Government use; (B) that— (i) are not required for the needs of the Federal Government at the time the report is submitted; or (ii) will not be required for such needs in the identifiable future; and (C) that can feasibly be made available, as of the date of submission of the report or at any time during the 5-year period beginning on such date, for assignment through a system of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) (2) Criteria for identification (A) Needs of the Federal Government In determining whether a band of frequencies meets one of the criteria specified in paragraph (1)(B), the Secretary shall— (i) consider whether the band of frequencies is used to provide a communications service that is or could be available from a commercial provider or other vendor, or whether the communications services provided on such frequencies could be relocated to other frequencies used by the Federal Government; (ii) seek to promote— (I) the maximum practicable reliance on commercially available substitutes; (II) the efficient use of spectrum by Federal Government stations; (III) the development and use of new communications technologies; and (IV) the use of nonradiating communications systems where practicable; and (iii) seek to avoid— (I) serious degradation of Federal Government services and operations; (II) excessive costs to the Federal Government and users of Federal Government services; and (III) excessive disruption of existing use of Federal Government frequencies by amateur radio licensees. (B) Direct discussions (i) In general The Secretary shall encourage and provide opportunities for direct discussions among commercial representatives and Federal Government users of the spectrum to aid the Secretary in determining which frequencies to recommend for reallocation under paragraph (1). (ii) Hearings and public comment (I) In general As part of the discussions required under clause (i), the Secretary shall conduct public hearings and accept public comment on the recommendations. (II) Testimony under oath All testimony before the Secretary at a public hearing conducted under this clause shall be presented under oath. (III) Publication on website All testimony and public comments collected under this clause shall be made available on a public website. (iii) Representation A representative of the Reallocation Commission, and of the Secretary at the election of the Secretary, may attend any discussion held under clause (i). (iv) Further comment The Secretary shall provide the public and the Reallocation Commission with an opportunity to comment on the results of a discussion held under clause (i) before the Secretary submits the recommendation required under paragraph (1). (3) Review and recommendations by the Reallocation Commission (A) Review (i) In general After receiving the recommendations from the Secretary under paragraph (1), the Reallocation Commission shall review and analyze the recommendations. (ii) New and innovative management techniques and technologies In conducting the review and analysis under clause (i), the Reallocation Commission shall give priority to recommendations that make accommodation for new and innovative management techniques and technologies for maximizing the value and use of spectrum. (iii) Hearings (I) In general As part of the review and analysis required under clause (i), the Reallocation Commission shall conduct public hearings on the recommendations. (II) Testimony under oath All testimony before the Reallocation Commission at a public hearing conducted under this clause shall be presented under oath. (B) Recommendations (i) In general Not later than 180 days after the date on which the Secretary submits recommendations under paragraph (1) to the Reallocation Commission, the Reallocation Commission shall submit to the President and the appropriate congressional committees a report on the findings and conclusions of the Reallocation Commission from the review and analysis conducted under subparagraph (A), including any recommendations for Federal spectrum reallocation. (ii) Requirement A report submitted under clause (i) shall contain an explanation and justification of any recommendation for Federal spectrum reallocation included in the report that is different from the recommendations submitted by the Secretary under paragraph (1). (C) Transmission of information to Congress After the Reallocation Commission submits recommendations to the President under subparagraph (B), upon request by a Member of Congress, the Reallocation Commission shall provide to the Member of Congress any information used by the Reallocation Commission in making the recommendations. (D) GAO requirements The Comptroller General of the United States shall— (i) assist the Reallocation Commission, to the extent requested, in the review and analysis under subparagraph (A); and (ii) not later than 90 days after the date on which the Secretary makes recommendations under paragraph (1), submit to Congress and to the Reallocation Commission a report that contains a detailed analysis of the recommendations and selection process of the Secretary. (4) Review by the President (A) In general Not later than 30 days after the date on which the Reallocation Commission submits recommendations for Federal spectrum reallocation under paragraph (3)(B), the President shall— (i) determine whether to approve the recommendations made by the Reallocation Commission; and (ii) submit to Congress and the Reallocation Commission a report that describes the determination made under clause (i). (B) Approval If the President approves the recommendations under subparagraph (A)(i), the President shall submit a copy of the recommendations to Congress. (C) Disapproval (i) In general If the President disapproves the recommendations under subparagraph (A)(i), the President shall submit to Congress and to the Reallocation Commission a report that describes the reasons that the President disapproves of the recommendations. (ii) Reallocation Commission revisions Not later than 60 days after the date on which the President submits to the Reallocation Commission a report under clause (i), the Reallocation Commission shall submit to the President a revised list of recommendations for reallocation of Federal spectrum. (iii) Approval and disapproval of revisions (I) Approval If the President approves the revised list of recommendations submitted by the Reallocation Commission under clause (ii), the President shall submit the revised list to Congress. (II) Disapproval If the President disapproves the revised list of recommendations submitted by the Reallocation Commission under clause (ii), the President and the Reallocation Commission shall complete the requirements described in clauses (i) and (ii) until the President approves recommendations from the Reallocation Commission. (5) Public disclosure and nondisclosure (A) In general If the head of an Executive agency or Federal entity, the Chairperson, or the President determines that public disclosure of any information contained in the reports, recommendations, testimony, or comments required under this section would reveal classified national security information or other information for which there is a legal basis for nondisclosure and such public disclosure would be detrimental to national security, homeland security, or public safety or would jeopardize law enforcement investigations, the head of the Executive agency or Federal entity, the Chairperson, or the President shall notify the Secretary of that determination prior to release of such information. (B) Annex (i) In general If the head of an Executive agency or Federal entity, the Chairperson, or the President notifies the Secretary of a determination under subparagraph (A), the information required to be disclosed under this section shall be included in a separate classified annex, as needed. (ii) Requirement A classified annex described under clause (i)— (I) shall be provided to the subcommittees of primary jurisdiction of the committees of primary jurisdiction of the Senate and House of Representatives in accordance with appropriate national security stipulations; and (II) shall not be disclosed to the public or provided to any unauthorized person through any means. (e) Reallocation of Federal Spectrum (1) Agency action (A) NTIA requirement Not later than 180 days after the date on which the President submits approved recommendations for the reallocation of Federal spectrum to Congress under subparagraph (B) or (C)(iii)(I) of subsection (d)(4), the NTIA shall provide to each Federal entity that is required to take action under the recommendations information regarding an alternative frequency assignment to which the radio communications operations of the Federal entity could be relocated for purposes of calculating the estimated relocation or sharing costs and timeline required under subparagraph (C). (B) Requirement To the extent practicable and consistent with national security considerations, the NTIA shall provide the information described in subparagraph (A) by the geographic location of the facilities or systems of the Federal entity and the frequency bands used by the facilities or systems. (C) Implementation plan (i) In general Not later than 1 year after the date on which the President submits approved recommendations for the reallocation of Federal spectrum to Congress under subparagraph (B) or (C)(iii)(I) of subsection (d)(4), the head of each Federal entity required to relocate spectrum under the recommendations shall prepare and submit to the President, the appropriate congressional committees, the NTIA, the Federal Communications Commission, the Director of the Office of Management and Budget, and the Comptroller General of the United States a plan for implementation of the recommendations related to the Federal entity. (ii) Contents An implementation plan submitted by a Federal entity under clause (i) shall include— (I) a description of how the Federal entity will comply with the approved recommendations for the reallocation of Federal spectrum submitted to Congress under subparagraph (B) or (C)(iii)(I) of subsection (d)(4); (II) any statutory or regulatory barriers that will prohibit the Federal entity from complying with the recommendations described in subclause (I); (III) the estimated cost to the Federal entity of frequency withdrawal or relocation; and (IV) the estimated timeline of the Federal entity for frequency withdrawal or relocation. (D) Review of implementation plan (i) In general Not later than 30 days after the date on which an implementation plan is submitted under subparagraph (C), the Director of the Office of Management and Budget shall review and determine whether to approve the implementation plan. (ii) Disapproval If an implementation plan submitted under subparagraph (C) is disapproved by the Director of the Office of Management and Budget, the Federal entity that submitted the implementation plan shall submit a revised implementation plan under such subparagraph, and the submission and review process shall continue until an implementation plan is approved. (iii) Approval of all plans Not later than 7 days after the date on which the Director of the Office of Management and Budget approves the plans submitted under subparagraph (C), the Director shall notify the Federal Communications Commission of the estimated relocation or sharing costs and timelines of all Federal entities required to submit a plan under such subparagraph. (iv) Review of progress (I) In general At the beginning of each fiscal year following approval of a plan required under subparagraph (C), the Director of the Office of Management and Budget shall review the progress of the Federal entity in meeting the cost and timelines of the implementation plan. (II) Enforcement by Director If, at any point while conducting a review under subclause (I), the Director determines the Federal entity will not meet the implementation plan cost or timelines, the Director shall take action to enforce the approved plan. (E) Compliance (i) Initiation of required action Not later than 2 years after the date on which the President submits approved recommendations for the reallocation of Federal spectrum to Congress under subparagraph (B) or (C)(iii)(I) of subsection (d)(4), the head of each Federal entity shall initiate all actions required to comply with the approved recommendations. (ii) Completion of required action Not later than 5 years after the date on which the President submits approved recommendations for the reallocation of Federal spectrum to Congress under subparagraph (B) or (C)(iii)(I) of subsection (d)(4), the head of each Federal entity shall complete all actions required to comply with the approved recommendations. (2) Congressional Disapproval (A) In general No Federal entity may initiate any action in accordance with the approved recommendations for the reallocation of Federal spectrum submitted to Congress by the President under subparagraph (B) or (C)(iii)(I) of subsection (d)(4) if there is enacted a joint resolution disapproving the recommendations before the earlier of— (i) the end of the 45-day period beginning on the date on which the President submits the recommendations to Congress under subparagraph (B) or (C)(iii)(I) of subsection (d)(4); or (ii) the adjournment of Congress sine die for the session during which the recommendations described in clause (i) are submitted. (B) Computation of time period The days on which either the Senate or the House of Representatives is not in session because of an adjournment for more than 3 days to a day certain shall be excluded in the computation of the time period described in subparagraph (A)(i). (3) Notification of successful relocation The President shall terminate the authorization of a Federal entity and notify the Secretary and the Federal Communications Commission of the termination if— (A) the NTIA determines that a Federal entity has achieved comparable capability of systems by relocating to a new frequency assignment or by utilizing an alternative technology; or (B) the Federal entity has unreasonably failed to comply with the timeline for relocation approved by the Director of the Office of Management and Budget under paragraph (1)(D). (f) Auction of available frequencies (1) In general Not later than 18 months after the date on which the President submits approved recommendations for the reallocation of Federal spectrum to Congress under subparagraph (B) or (C)(iii)(I) of subsection (d)(4), the Federal Communications Commission shall promulgate rules for the conduct of auctions of frequencies that will be made available according to such recommendations for assignment of new initial licenses subject to new service rules or for other purposes. (2) Requirement In promulgating rules under paragraph (1), the Federal Communications Commission shall— (A) minimize the cost to the taxpayer of the transition of the spectrum to be auctioned to its newly identified use; and (B) ensure that any licensing conditions established are restricted to interference protections and ethical, geographic, and financial qualifications of licensees. (3) Schedule for auctions Not later than 2 years after the date on which the President submits approved recommendations for the reallocation of Federal spectrum to Congress under subparagraph (B) or (C)(iii)(I) of subsection (d)(4), the Federal Communications Commission shall commence auctions under this subsection. (g) Relocation of Federal Government stations (1) relocation or sharing costs Any Federal entity that operates a Federal Government station assigned to a band of frequencies and that incurs relocation or sharing costs because of the reallocation of frequencies from Federal use to non-Federal use pursuant to this section shall receive payment for such costs from the Spectrum Relocation Fund, in accordance with section 118. (2) Federal action to expedite spectrum transfer Any Federal Government station that operates on electromagnetic spectrum that has been identified in the approved recommendations for the reallocation of Federal spectrum submitted to Congress by the President under subparagraph (B) or (C)(iii)(I) of subsection (d)(4) shall, to the maximum extent practicable through the use of the authority granted under this section and any other applicable provision of law, take action to relocate its spectrum use to other frequencies that are allocated for Federal use or to consolidate its spectrum use with other Federal Government stations in a manner that maximizes the spectrum available for non-Federal use. (3) Failure to comply If a Federal entity does not comply with the timeline established in the implementation plan of the entity that was approved under subsection (e)(1)(D), Congress may decrease the amount appropriated to the entity in the following fiscal year by up to ½ (4) Equipment upgrades for Department of Defense If a band of frequencies assigned to the Department of Defense is reallocated from Federal use to non-Federal use pursuant to this section, the relocation or sharing costs for which the Department may receive payment from the Spectrum Relocation Fund under section 118 shall include the costs of replacement with state-of-the-art equipment of any of the equipment used for relocated operations, whether or not such replacement is necessary to achieve comparable capability of systems, if the Secretary of Defense considers such replacement appropriate. (h) Treatment of certain spectrum subject to other reallocation processes In the case of spectrum that has been identified for reallocation, is in the process of being reallocated, or has been reallocated from Federal to non-Federal use under any other provision of law or administrative process, but with respect to relocation from which the Federal entity being relocated has not received payment for relocation or sharing costs, such spectrum shall be treated as spectrum allocated for Federal use that may be recommended for reallocation by the Secretary, the Reallocation Commission, or the President under this section. . (b) Technical and conforming amendments (1) Auction proceeds Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended— (A) in paragraph (3), by striking subparagraph (F) and inserting the following: (F) for any auction of— (i) eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(2) (ii) frequencies described in section 120(f)(1) of the National Telecommunications and Information Administration Organization Act, the recovery of 110 percent of estimated relocation or sharing costs as provided to the Commission under section 120(e)(1)(D)(iii) of such Act. ; (B) in paragraph (8)(D)— (i) in clause (i), by inserting or (iii) provided in clause (ii) (ii) by adding at the end the following: (iii) Proceeds relating to Maximizing Spectrum Efficiency and Value Act of 2013 With respect to each auction of frequencies described in section 120(f)(1) of the National Telecommunications and Information Administration Organization Act— (I) an amount of the proceeds equal to the estimated relocation or sharing costs provided to the Commission under section 120(e)(1)(D)(iii) of such Act for relocation of Federal entities from the frequencies being assigned through such auction shall be deposited in the Spectrum Relocation Fund; and (II) the remainder of the proceeds shall be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. ; and (C) in paragraph (16)— (i) in the header, by striking eligible frequencies reallocated Federal spectrum (ii) by striking subparagraphs (A) and (B) and inserting the following: (A) Special regulations The Commission shall revise the regulations prescribed under paragraph (4)(F) to prescribe methods by which— (i) the total cash proceeds from any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)) shall at least equal 110 percent of the total estimated relocation or sharing costs provided to the Commission pursuant to section 113(g)(4) of such Act; and (ii) the total cash proceeds from any auction of frequencies described in section 120(f)(1) of such Act shall at least equal 110 percent of the total estimated relocation or sharing costs provided to the Commission pursuant to section 120(e)(1)(D)(iii) of such Act. (B) Conclusion of auctions contingent on minimum proceeds (i) In general The Commission may not conclude any auction— (I) of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(2) (II) of frequencies described in section 120(f)(1) of such Act if the total cash proceeds attributable to such spectrum are less than 110 percent of the total estimated relocation or sharing costs provided to the Commission pursuant to section 120(e)(1)(D)(iii) of such Act. (ii) Inability to conclude auction If the Commission is unable to conclude an auction because of the requirement of subclause (I) or (II) of clause (i), the Commission shall cancel the auction, return within 45 days after the auction cancellation date any deposits from participating bidders held in escrow, and absolve such bidders from any obligation to the United States to bid in any subsequent reauction of such spectrum. ; and (iii) in subparagraph (C)— (I) by striking eligible frequencies frequencies (II) by striking an eligible Federal entity’s a Federal entity’s (2) Separation from relocation process under section 113 of the NTIA Organization Act Section 113(g)(2)(B) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)(B)) is amended by inserting before the period at the end the following: , or frequencies described in section 120(f)(1) of this Act (3) Spectrum Relocation Fund Section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 (A) by striking subsection (c) and inserting the following: (c) Used To pay relocation or sharing costs The amounts in the Fund— (1) from auctions of eligible frequencies described in section 113(g)(2) are authorized to be used to pay relocation or sharing costs, as defined in section 113(g)(3), of an eligible Federal entity incurring such costs with respect to relocation from or sharing of those frequencies; and (2) from auctions of frequencies described in section 120(f)(1) are authorized to be used to pay relocation or sharing costs, as defined in section 120(a)(7), of a Federal entity incurring such costs with respect to relocation from those frequencies. ; (B) in subsection (d)— (i) in paragraph (1), by striking subsection (c) of this section paragraph (1) and the relocation or sharing costs specified in paragraph (2) of subsection (c) (ii) in paragraph (2)— (I) in the matter before subparagraph (A), by striking eligible (II) in subparagraph (C), by striking for approval (III) in the matter after subparagraph (C), by striking Unless disapproved In the case of an initial transfer to a Federal entity incurring relocation or sharing costs with respect to relocation from frequencies described in section 120(f)(1), approval of the implementation plan of the entity under section 120(e)(1)(D) constitutes approval under subparagraph (B). (C) in subsection (e)— (i) in the header, by striking Eligible (ii) in paragraph (1)— (I) in subparagraph (A), by striking section 113(g)(1) of this Act section 113(g)(1), or Federal entities incurring relocation or sharing costs with respect to relocation from frequencies described in section 120(f)(1) (II) in subparagraph (B), by striking An eligible Federal entity A Federal entity (III) in subparagraph (C), by striking eligible (iii) in paragraph (2), by striking An eligible Federal entity A Federal entity 4. Prohibition against certain conditions on licensure and auction participation Section 309(j) of the Communications Act of 1934, as amended by section 3(b)(1), is further amended by adding at the end the following: (18) Prohibition against certain conditions on licensure and auction participation The Commission may not— (A) establish on a license for the use of spectrum frequencies any condition relating to its Report and Order with regard to Preserving the Open Internet; Broadband Industry Practices (GN Docket No. 09–191, WC Docket No. 07–52) (adopted December 21, 2010); (B) restrict the number or type of bidders or any specific bidder from participating in any public auction for the assignment of licenses for the use of spectrum frequencies; (C) prescribe the rates or terms of or otherwise condition services that may be offered by successful bidders in any such auction; or (D) notwithstanding section 316, impose any additional license requirements or rules on successful bidders once any such auction has been completed. .

Maximizing Spectrum Efficiency and Value Act of 2014

Regulatory Fairness Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define the period of time in which the Administrator of the Environmental Protection Agency (EPA) is authorized to restrict or deny a permit for the discharge of dredged or fill materials into navigable waters as the period that: begins on the date that the Secretary of the Army, acting through the Chief of Engineers, provides notice to the Administrator that the Secretary has completed all procedures for processing an application for a permit for dredged or fill material and is ready to determine whether the permit should be issued; and ends on the date that the Secretary issues the permit. Requires the Administrator to consult with the Secretary before restricting or denying a permit. Directs the Administrator to make publicly available the basis of and reasons for making a determination to restrict or deny such a permit and information reviewed in making the determination. Prohibits previous action by the Administrator that occurred outside of this period to deny or restrict a permit or to prohibit the specification of any defined area as a disposal site for dredged or fill materials from being valid or otherwise enforceable.

113 S2156 IS: Regulatory Fairness Act of 2014 U.S. Senate 2014-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2156 IN THE SENATE OF THE UNITED STATES March 25, 2014 Mr. Vitter Mr. Manchin Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to confirm the scope of the authority of the Administrator of the Environmental Protection Agency to deny or restrict the use of defined areas as disposal sites. 1. Short title This Act may be cited as the Regulatory Fairness Act of 2014 2. Permits for dredged or fill material Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 (c) Denial or restriction of use of specified disposal sites (1) In general During and only during the period beginning on the date on which the Secretary publishes the notice required under subsection (a) of this section and ending once the Secretary issues a permit under such subsection, the Administrator may deny or restrict the use of any defined area identified in such notice as a specified disposal site if the Administrator determines, after notice and opportunity for public comment, that the discharge of dredged or fill material into such defined area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. (2) Consultation Before making a determination under paragraph (1), the Administrator shall consult with the Secretary. (3) Explanation of determination The Administrator shall set forth in writing and make publicly available— (A) any findings of the Administrator; (B) the basis of and reasons for making a determination under paragraph (1); and (C) all information and data reviewed in making any determination under paragraph (1). (4) Previous action in absence of notice invalid No previous action by the Administrator to deny or restrict the use or prohibit the specification of any defined area as a disposal site, and which occurred in the absence of the Secretary’s publishing of a notice under subsection (a) of this section, is valid or otherwise enforceable. (5) Previous action after permit issued invalid No previous action by the Administrator to deny or restrict the use or prohibit the specification of any defined area as a disposal site and for which the Secretary had issued a permit under subsection (a) of this section, and which occurred after the Secretary issued the permit, is valid or otherwise enforceable. .

Regulatory Fairness Act of 2014

Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) end and remove sustainable growth rate (SGR) methodology from the determination of annual conversion factors in the formula for payment for physicians' services; (2) freeze the update to the single conversion factor at 0.5% for 2014 through 2018 and at 0.00% for 2019 through 2023, and (3) establish an update of 1% for health professionals participating in alternative payment models (APMs) and an update of 0.5% for all other health professionals after 2023. Directs the Medicare Payment Advisory Commission (MEDPAC) to report to Congress on the relationship between: (1) physician and other health professional utilization and expenditures (and their rate of increase) of items and services for which Medicare payment is made, and (2) total utilization and expenditures (and their rate of increase) under Medicare parts A (Hospital Insurance), B (Supplementary Medical Insurance), and D (Voluntary Prescription Drug Benefit Program). Requires a separate report on the 2014-2018 update to physicians' services under Medicare Revises and consolidates components of the three specified existing performance incentive programs into a merit-based incentive payment (MIP) system the Secretary of Health and Human Services (HHS) is directed to establish, under which MIP-eligible professionals (excluding most APM participants) receive annual payment increases or decreases based on their performance. Requires specified incentive payments to eligible APM participants. Directs the Secretary to make available on the Physician Compare website certain information, including information regarding the performance of MIP-eligible professionals. Requires the Comptroller General (GAO) to evaluate the VBP program. Requires the Secretary to study the application of federal fraud prevention laws related to APMs. Directs the Secretary to draft a plan for development of quality measures to assess professionals, including non-patient-facing professionals. Requires the Secretary to establish new Healthcare Common Procedure Coding System (HCPCS) codes for chronic care management services. Directs the Secretary to conduct an education and outreach campaign to inform professionals who furnish items and services under Medicare part B and part B enrollees of the benefits of chronic care management services. Authorizes the Secretary to: (1) collect and use information on the resources directly or indirectly related to physicians' services in the determination of relative values under the fee schedule; and (2) establish or adjust practice expense relative values using cost, charge, or other data from suppliers or service providers. Revises and expands factors for identification of potentially misvalued codes. Sets an annual target for relative value adjustments for misvalued services. Phases-in significant relative value unit (RVU) reductions. Directs the Secretary to establish a program to promote the use of appropriate use evidence-based criteria for applicable imaging services furnished in an applicable setting by ordering professionals and furnishing professionals. Expands the kinds of uses of Medicare data available to qualified entities for quality improvement activities. Directs the Secretary to provide Medicare data to qualified clinical data registries to facilitate quality improvement or patient safety. Allows continuing renewals of any two-year period for which a physician or practitioner opts out of the Medicare claims process under a private contract with a beneficiary. Declares it a national objective to achieve widespread exchange of health information through interoperable certified electronic health records (EHR) technology nationwide by December 31, 2017. Directs the Secretary to establish related metrics. Requires meaningful EHR professionals and hospitals to demonstrate that they have not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology. Directs GAO to study specified telehealth and remote patient monitoring services. Modifies extensions and other requirements pertaining to the work geographic adjustment as well as Medicare payment for therapy services and ambulance services. Revises requirements for: (1) the Medicare-dependent hospital (MDH) program, (2) the Medicare inpatient hospital payment adjustment for low-volume hospitals, as well as (3) specialized Medicare Advantage (MA) plans for special needs individuals. Amends SSA title XIX (Medicaid) to extend the qualifying individual (QI) program, the transitional medical assistance (TMA) program, and express lane program eligibility. Amends SSA title XI with respect to continue funding for pediatric quality measures. Amends the Public Health Service Act to extend certain special diabetes programs. Extends the abstinence education grant program, the personal responsibility education program, and family-to-family health information centers. Extends the health workforce demonstration project for low-income individuals under SSA title XX. Requires each Medicare administrative contractor to establish an improper payment outreach and education program to give service providers and suppliers information on payment errors with a view to reducing improper Medicare payments. Revises requirements for a Medicaid fraud control unit's authority to investigate and prosecute complaints of abuse and neglect of patients in home and community-based settings. Authorizes the HHS Inspector General to receive and retain 3% of all amounts collected pursuant to civil debt collection and administrative enforcement actions related to false claims or frauds involving the Medicare or Medicaid program. Requires valid prescriber National Provider Identifiers on pharmacy claims against prescription drug plans (PDPs). Directs the Secretary to establish a Commission on Improving Patient Directed Health Care. Expands the definition of inpatient hospital services for certain cancer hospitals. Directs the Secretary to provide for the development of one or more quality measures under Medicare to accurately communicate the existence and provide for the transfer of patient health information and patient care preferences when an individual transitions from a hospital to return home or move to other post-acute care settings. Specifies that the minimum level of supervision with respect to outpatient therapeutic critical access hospital services shall be general supervision unless the Secretary specifies otherwise for a particular service. Requires state licensure of bidding entities under the competitive acquisition program for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). Recognizes attending physician assistants as attending physicians to serve hospice patients under Medicare. Directs the Secretary to conduct remote patient monitoring pilot projects. Requires the Secretary to establish a Community-Based Institutional Special Needs Plan demonstration project to prevent and delay institutionalization under Medicaid among targeted low-income Medicare beneficiaries. Directs the Secretary to implement a strategic plan to increase the usefulness of data about Medicaid programs reported by states to the Centers for Medicare and Medicaid Services. Includes podiatrists as physicians under the Medicaid program. Modifies Medicare requirements for inclusion of diabetic shoes under medical and other health services. Directs the Secretary to: (1) publish criteria for a clinic to be certified by a state as a certified community behavioral health clinic, (2) award states planning grants to develop proposals to participate in time-limited related demonstration programs, and (3) select states to participate in such programs. Requires the Secretary to report annually to Congress on payment adjustments to disproportionate share hospitals (DSHs) in order to provide Congress with information relevant to determining an appropriate level of overall funding for such adjustments during and after a certain period in which aggregate reductions in DSH allotments to states are required. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) with respect to enforcing discretionary spending limits under a sequestration to specify diminishing maximum levels of budget authority designated for any of FY2016-2021 as emergency requirements for Overseas Contingency Operations (OCO)/Global War on Terrorism. Expresses the sense of Congress that: (1) the annual adjustments to the statutory limits on discretionary spending should be reserved for programs and activities in budget functions 050 (National Defense) and 150 (International Affairs) necessary to meet OCO needs, and (2) the requirements for designating OCO funding provided for under that Act should remain fully in effect. Expresses the sense of the Congress that savings from any reductions in annual adjustments to discretionary spending should be reserved for deficit reduction only. Declares that nothing in this Act shall be construed to modify or eliminate any point of order that would otherwise be available against legislation that establishes or modifies any limit or adjustment to a limit on discretionary spending.

113 S2157 PCS: Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 U.S. Senate 2014-03-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 336 113th CONGRESS 2d Session S. 2157 IN THE SENATE OF THE UNITED STATES March 25, 2014 Mr. Wyden March 26, 2014 Read the second time and placed on the calendar A BILL To amend titles XVIII and XIX of the Social Security Act to repeal the Medicare sustainable growth rate and to improve Medicare and Medicaid payments, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Medicare Payment for Physicians' Services Sec. 101. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services. Sec. 102. Priorities and funding for measure development. Sec. 103. Encouraging care management for individuals with chronic care needs. Sec. 104. Ensuring accurate valuation of services under the physician fee schedule. Sec. 105. Promoting evidence-based care. Sec. 106. Empowering beneficiary choices through access to information on physicians’ services. Sec. 107. Expanding availability of Medicare data. Sec. 108. Reducing administrative burden and other provisions. TITLE II—Extensions Subtitle A—Medicare Extensions Sec. 201. Work geographic adjustment. Sec. 202. Medicare payment for therapy services. Sec. 203. Medicare ambulance services. Sec. 204. Revision of the Medicare-dependent hospital (MDH) program. Sec. 205. Revision of Medicare inpatient hospital payment adjustment for low-volume hospitals. Sec. 206. Specialized Medicare Advantage plans for special needs individuals. Sec. 207. Reasonable cost reimbursement contracts. Sec. 208. Quality measure endorsement and selection. Sec. 209. Permanent extension of funding outreach and assistance for low-income programs. Subtitle B—Medicaid and Other Extensions Sec. 211. Qualifying individual program. Sec. 212. Transitional Medical Assistance. Sec. 213. Express lane eligibility. Sec. 214. Pediatric quality measures. Sec. 215. Special diabetes programs. Subtitle C—Human Services Extensions Sec. 221. Abstinence education grants. Sec. 222. Personal responsibility education program. Sec. 223. Family-to-family health information centers. Sec. 224. Health workforce demonstration project for low-income individuals. TITLE III—Medicare and Medicaid program integrity Sec. 301. Reducing improper Medicare payments. Sec. 302. Authority for Medicaid fraud control units to investigate and prosecute complaints of abuse and neglect of Medicaid patients in home and community-based settings. Sec. 303. Improved use of funds received by the HHS Inspector General from oversight and investigative activities. Sec. 304. Preventing and reducing improper Medicare and Medicaid expenditures. TITLE IV—Other Provisions Sec. 401. Commission on Improving Patient Directed Health Care. Sec. 402. Expansion of the definition of inpatient hospital services for certain cancer hospitals. Sec. 403. Quality measures for certain post-acute care providers relating to notice and transfer of patient health information and patient care preferences. Sec. 404. Criteria for medically necessary, short inpatient hospital stays. Sec. 405. Transparency of reasons for excluding additional procedures from the Medicare ambulatory surgical center (ASC) approved list. Sec. 406. Supervision in critical access hospitals. Sec. 407. Requiring State licensure of bidding entities under the competitive acquisition program for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS). Sec. 408. Recognition of attending physician assistants as attending physicians to serve hospice patients. Sec. 409. Remote patient monitoring pilot projects. Sec. 410. Community-Based Institutional Special Needs Plan Demonstration Program. Sec. 411. Applying CMMI waiver authority to PACE in order to foster innovations. Sec. 412. Improve and modernize Medicaid data systems and reporting. Sec. 413. Fairness in Medicaid supplemental needs trusts. Sec. 414. Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians. Sec. 415. Demonstration programs to improve community mental health services. Sec. 416. Annual Medicaid DSH report. Sec. 417. Implementation. TITLE V—Amendment to OCO adjustments Sec. 501. Amendment to OCO adjustments. Sec. 502. Limitation on the use of OCO funding. I Medicare Payment for Physicians' Services 101. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services (a) Stabilizing fee updates (1) Repeal of SGR payment methodology Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (A) in subsection (d)— (i) in paragraph (1)(A), by inserting or a subsequent paragraph paragraph (4) (ii) in paragraph (4)— (I) in the heading, by inserting and ending with 2013 years beginning with 2001 (II) in subparagraph (A), by inserting and ending with 2013 a year beginning with 2001 (B) in subsection (f)— (i) in paragraph (1)(B), by inserting through 2013 of each succeeding year (ii) in paragraph (2), in the matter preceding subparagraph (A), by inserting and ending with 2013 beginning with 2000 (2) Update of rates for April through December of 2014, 2015, and subsequent years Subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (15) Update for 2014 through 2018 The update to the single conversion factor established in paragraph (1)(C) for 2014 and each subsequent year through 2018 shall be 0.5 percent. (16) Update for 2019 through 2023 The update to the single conversion factor established in paragraph (1)(C) for 2019 and each subsequent year through 2023 shall be zero percent. (17) Update for 2024 and subsequent years The update to the single conversion factor established in paragraph (1)(C) for 2024 and each subsequent year shall be— (A) for items and services furnished by a qualifying APM participant (as defined in section 1833(z)(2)) for such year, 1.0 percent; and (B) for other items and services, 0.5 percent. . (3) MedPAC reports (A) Initial report Not later than July 1, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship between— (i) physician and other health professional utilization and expenditures (and the rate of increase of such utilization and expenditures) of items and services for which payment is made under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (ii) total utilization and expenditures (and the rate of increase of such utilization and expenditures) under parts A, B, and D of title XVIII of such Act. Such report shall include a methodology to describe such relationship and the impact of changes in such physician and other health professional practice and service ordering patterns on total utilization and expenditures under parts A, B, and D of such title. (B) Final report Not later than July 1, 2020, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship described in subparagraph (A), including the results determined from applying the methodology included in the report submitted under such subparagraph. (C) Report on update to physicians’ services under Medicare Not later than July 1, 2018, the Medicare Payment Advisory Commission shall submit to Congress a report on— (i) the payment update for professional services applied under the Medicare program under title XVIII of the Social Security Act for the period of years 2014 through 2018; (ii) the effect of such update on the efficiency, economy, and quality of care provided under such program; (iii) the effect of such update on ensuring a sufficient number of providers to maintain access to care by Medicare beneficiaries; and (iv) recommendations for any future payment updates for professional services under such program to ensure adequate access to care is maintained for Medicare beneficiaries. (b) Consolidation of certain current law performance programs with new merit-Based Incentive Payment System (1) EHR meaningful use incentive program (A) Sunsetting separate meaningful use payment adjustments Section 1848(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(A) (i) in clause (i), by striking 2015 or any subsequent payment year 2015, 2016, or 2017 (ii) in clause (ii)— (I) in the matter preceding subclause (I), by striking Subject to clause (iii), for For (II) in subclause (III), by striking and each subsequent year (iii) by striking clause (iii). (B) Continuation of meaningful use determinations for MIPS Section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) (i) in subparagraph (A), in the matter preceding clause (i)— (I) by striking For purposes of paragraph (1), an An (II) by inserting , or pursuant to subparagraph (D) for purposes of subsection (q), for a performance period under such subsection for a year under such subsection for a year (ii) by adding at the end the following new subparagraph: (D) Continued application for purposes of MIPS With respect to 2018 and each subsequent payment year, the Secretary shall, for purposes of subsection (q) and in accordance with paragraph (1)(F) of such subsection, determine whether an eligible professional who is a MIPS eligible professional (as defined in subsection (q)(1)(C)) for such year is a meaningful EHR user under this paragraph for the performance period under subsection (q) for such year. . (2) Quality reporting (A) Sunsetting separate quality reporting incentives Section 1848(a)(8)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(8)(A) (i) in clause (i), by striking 2015 or any subsequent year 2015, 2016, or 2017 (ii) in clause (ii)(II), by striking and each subsequent year and 2017 (B) Continuation of quality measures and processes for MIPS Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (i) in subsection (k), by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the provisions of this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. ; and (ii) in subsection (m)— (I) by redesignating paragraph (7) added by section 10327(a) of Public Law 111–148 (II) by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the processes under this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. . (3) Value-based payments (A) Sunsetting separate value-based payments Clause (iii) of section 1848(p)(4)(B) of the Social Security Act ( 42 U.S.C. 1395w–4(p)(4)(B) (iii) Application The Secretary shall apply the payment modifier established under this subsection for items and services furnished on or after January 1, 2015, but before January 1, 2018, with respect to specific physicians and groups of physicians the Secretary determines appropriate. Such payment modifier shall not be applied for items and services furnished on or after January 1, 2018. . (B) Continuation of value-based payment modifier measures for MIPS Section 1848(p) of the Social Security Act ( 42 U.S.C. 1395w–4(p) (i) in paragraph (2), by adding at the end the following new subparagraph: (C) Continued application for purposes of MIPS The Secretary shall, in accordance with subsection (q)(1)(F), carry out subparagraph (B) for purposes of subsection (q). ; and (ii) in paragraph (3), by adding at the end the following: With respect to 2018 and each subsequent year, the Secretary shall, in accordance with subsection (q)(1)(F), carry out this paragraph for purposes of subsection (q). (c) Merit-Based Incentive Payment System (1) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (q) Merit-Based Incentive Payment System (1) Establishment (A) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish an eligible professional Merit-based Incentive Payment System (in this subsection referred to as the MIPS (i) develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) for a performance period (as established under paragraph (4)) for a year; (ii) using such methodology, provide for a composite performance score in accordance with paragraph (5) for each such professional for each performance period; and (iii) use such composite performance score of the MIPS eligible professional for a performance period for a year to determine and apply a MIPS adjustment factor (and, as applicable, an additional MIPS adjustment factor) under paragraph (6) to the professional for the year. (B) Program implementation The MIPS shall apply to payments for items and services furnished on or after January 1, 2018. (C) MIPS eligible professional defined (i) In general For purposes of this subsection, subject to clauses (ii) and (iv), the term MIPS eligible professional (I) for the first and second years for which the MIPS applies to payments (and for the performance period for such first and second year), a physician (as defined in section 1861(r)), a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)) and a group that includes such professionals; and (II) for the third year for which the MIPS applies to payments (and for the performance period for such third year) and for each succeeding year (and for the performance period for each such year), the professionals described in subclause (I) and such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary and a group that includes such professionals. (ii) Exclusions For purposes of clause (i), the term MIPS eligible professional (I) is a qualifying APM participant (as defined in section 1833(z)(2)); (II) subject to clause (vii), is a partial qualifying APM participant (as defined in clause (iii)) for the most recent period for which data are available and who, for the performance period with respect to such year, does not report on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS; or (III) for the performance period with respect to such year, does not exceed the low-volume threshold measurement selected under clause (iv). (iii) Partial qualifying APM participant For purposes of this subparagraph, the term partial qualifying APM participant (I) with respect to 2018 and 2019, the reference in subparagraph (A) of such paragraph to 25 percent was instead a reference to 20 percent; (II) with respect to 2020 and 2021— (aa) the reference in subparagraph (B)(i) of such paragraph to 50 percent was instead a reference to 40 percent; and (bb) the references in subparagraph (B)(ii) of such paragraph to 50 percent and 25 percent of such paragraph were instead references to 40 percent and 20 percent, respectively; and (III) with respect to 2022 and subsequent years— (aa) the reference in subparagraph (C)(i) of such paragraph to 75 percent was instead a reference to 50 percent; and (bb) the references in subparagraph (C)(ii) of such paragraph to 75 percent and 25 percent of such paragraph were instead references to 50 percent and 20 percent, respectively. (iv) Selection of low-volume threshold measurement The Secretary shall select a low-volume threshold to apply for purposes of clause (ii)(III), which may include one or more or a combination of the following: (I) The minimum number (as determined by the Secretary) of individuals enrolled under this part who are treated by the eligible professional for the performance period involved. (II) The minimum number (as determined by the Secretary) of items and services furnished to individuals enrolled under this part by such professional for such performance period. (III) The minimum amount (as determined by the Secretary) of allowed charges billed by such professional under this part for such performance period. (v) Treatment of new Medicare enrolled eligible professionals In the case of a professional who first becomes a Medicare enrolled eligible professional during the performance period for a year (and had not previously submitted claims under this title such as a person, an entity, or a part of a physician group or under a different billing number or tax identifier), such professional shall not be treated under this subsection as a MIPS eligible professional until the subsequent year and performance period for such subsequent year. (vi) Clarification In the case of items and services furnished during a year by an individual who is not a MIPS eligible professional (including pursuant to clauses (ii) and (v)) with respect to a year, in no case shall a MIPS adjustment factor (or additional MIPS adjustment factor) under paragraph (6) apply to such individual for such year. (vii) Partial qualifying APM participant clarifications (I) Treatment as MIPS eligible professional In the case of an eligible professional who is a partial qualifying APM participant, with respect to a year, and who for the performance period for such year reports on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS, such eligible professional is considered to be a MIPS eligible professional with respect to such year. (II) Not eligible for qualifying APM participant payments In no case shall an eligible professional who is a partial qualifying APM participant, with respect to a year, be considered a qualifying APM participant (as defined in paragraph (2) of section 1833(z)) for such year or be eligible for the additional payment under paragraph (1) of such section for such year. (D) Application to group practices (i) In general Under the MIPS: (I) Quality performance category The Secretary shall establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing performance of such group with respect to the performance category described in clause (i) of paragraph (2)(A). (II) Other performance categories The Secretary may establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing the performance of such group with respect to the performance categories described in clauses (ii) through (iv) of such paragraph. (ii) Ensuring comprehensiveness of group practice assessment The process established under clause (i) shall to the extent practicable reflect the range of items and services furnished by the MIPS eligible professionals in the group practice involved. (iii) Clarification MIPS eligible professionals electing to be a virtual group under paragraph (5)(I) shall not be considered MIPS eligible professionals in a group practice for purposes of applying this subparagraph. (E) Use of registries Under the MIPS, the Secretary shall encourage the use of qualified clinical data registries pursuant to subsection (m)(3)(E) in carrying out this subsection. (F) Application of certain provisions In applying a provision of subsection (k), (m), (o), or (p) for purposes of this subsection, the Secretary shall— (i) adjust the application of such provision to ensure the provision is consistent with the provisions of this subsection; and (ii) not apply such provision to the extent that the provision is duplicative with a provision of this subsection. (G) Accounting for risk factors (i) Risk factors Taking into account the relevant studies conducted and recommendations made in reports under section 101(f)(1) of the Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (ii) Accounting for other factors in payment adjustments Taking into account the studies conducted and recommendations made in reports under section 101(f)(1) of the Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (2) Measures and activities under performance categories (A) Performance categories Under the MIPS, the Secretary shall use the following performance categories (each of which is referred to in this subsection as a performance category) in determining the composite performance score under paragraph (5): (i) Quality. (ii) Resource use. (iii) Clinical practice improvement activities. (iv) Meaningful use of certified EHR technology. (B) Measures and activities specified for each category For purposes of paragraph (3)(A) and subject to subparagraph (C), measures and activities specified for a performance period (as established under paragraph (4)) for a year are as follows: (i) Quality For the performance category described in subparagraph (A)(i), the quality measures included in the final measures list published under subparagraph (D)(i) for such year and the list of quality measures described in subparagraph (D)(vi) used by qualified clinical data registries under subsection (m)(3)(E). (ii) Resource use For the performance category described in subparagraph (A)(ii), the measurement of resource use for such period under subsection (p)(3), using the methodology under subsection (r) as appropriate, and, as feasible and applicable, accounting for the cost of drugs under part D. (iii) Clinical practice improvement activities For the performance category described in subparagraph (A)(iii), clinical practice improvement activities (as defined in subparagraph (C)(v)(III)) under subcategories specified by the Secretary for such period, which shall include at least the following: (I) The subcategory of expanded practice access, which shall include activities such as same day appointments for urgent needs and after hours access to clinician advice. (II) The subcategory of population management, which shall include activities such as monitoring health conditions of individuals to provide timely health care interventions or participation in a qualified clinical data registry. (III) The subcategory of care coordination, which shall include activities such as timely communication of test results, timely exchange of clinical information to patients and other providers, and use of remote monitoring or telehealth. (IV) The subcategory of beneficiary engagement, which shall include activities such as the establishment of care plans for individuals with complex care needs, beneficiary self-management assessment and training, and using shared decision-making mechanisms. (V) The subcategory of patient safety and practice assessment, such as through use of clinical or surgical checklists and practice assessments related to maintaining certification. (VI) The subcategory of participation in an alternative payment model (as defined in section 1833(z)(3)(C)). In establishing activities under this clause, the Secretary shall give consideration to the circumstances of small practices (consisting of 15 or fewer professionals) and practices located in rural areas and in health professional shortage areas (as designated under section 332(a)(1)(A) of the Public Health Service Act). (iv) Meaningful EHR use For the performance category described in subparagraph (A)(iv), the requirements established for such period under subsection (o)(2) for determining whether an eligible professional is a meaningful EHR user. (C) Additional provisions (i) Emphasizing outcome measures under the quality performance category In applying subparagraph (B)(i), the Secretary shall, as feasible, emphasize the application of outcome measures. (ii) Application of additional system measures The Secretary may use measures used for a payment system other than for physicians, such as measures for inpatient hospitals, for purposes of the performance categories described in clauses (i) and (ii) of subparagraph (A). For purposes of the previous sentence, the Secretary may not use measures for hospital outpatient departments, except in the case of emergency physicians. (iii) Global and population-based measures The Secretary may use global measures, such as global outcome measures, and population-based measures for purposes of the performance category described in subparagraph (A)(i). (iv) Application of measures and activities to non-patient-facing professionals In carrying out this paragraph, with respect to measures and activities specified in subparagraph (B) for performance categories described in subparagraph (A), the Secretary— (I) shall give consideration to the circumstances of professional types (or subcategories of those types determined by practice characteristics) who typically furnish services that do not involve face-to-face interaction with a patient; and (II) may, to the extent feasible and appropriate, take into account such circumstances and apply under this subsection with respect to MIPS eligible professionals of such professional types or subcategories, alternative measures or activities that fulfill the goals of the applicable performance category. In carrying out the previous sentence, the Secretary shall consult with professionals of such professional types or subcategories. (v) Clinical practice improvement activities (I) Request for information In initially applying subparagraph (B)(iii), the Secretary shall use a request for information to solicit recommendations from stakeholders to identify activities described in such subparagraph and specifying criteria for such activities. (II) Contract authority for clinical practice improvement activities performance category In applying subparagraph (B)(iii), the Secretary may contract with entities to assist the Secretary in— (aa) identifying activities described in subparagraph (B)(iii); (bb) specifying criteria for such activities; and (cc) determining whether a MIPS eligible professional meets such criteria. (III) Clinical practice improvement activities defined For purposes of this subsection, the term clinical practice improvement activity (D) Annual list of quality measures available for MIPS assessment (i) In general Under the MIPS, the Secretary, through notice and comment rulemaking and subject to the succeeding clauses of this subparagraph, shall, with respect to the performance period for a year, establish an annual final list of quality measures from which MIPS eligible professionals may choose for purposes of assessment under this subsection for such performance period. Pursuant to the previous sentence, the Secretary shall— (I) not later than November 1 of the year prior to the first day of the first performance period under the MIPS, establish and publish in the Federal Register a final list of quality measures; and (II) not later than November 1 of the year prior to the first day of each subsequent performance period, update the final list of quality measures from the previous year (and publish such updated final list in the Federal Register), by— (aa) removing from such list, as appropriate, quality measures, which may include the removal of measures that are no longer meaningful (such as measures that are topped out); (bb) adding to such list, as appropriate, new quality measures; and (cc) determining whether or not quality measures on such list that have undergone substantive changes should be included in the updated list. (ii) Call for quality measures (I) In general Eligible professional organizations and other relevant stakeholders shall be requested to identify and submit quality measures to be considered for selection under this subparagraph in the annual list of quality measures published under clause (i) and to identify and submit updates to the measures on such list. For purposes of the previous sentence, measures may be submitted regardless of whether such measures were previously published in a proposed rule or endorsed by an entity with a contract under section 1890(a). (II) Eligible professional organization defined In this subparagraph, the term eligible professional organization (iii) Requirements In selecting quality measures for inclusion in the annual final list under clause (i), the Secretary shall— (I) provide that, to the extent practicable, all quality domains (as defined in subsection (s)(1)(B)) are addressed by such measures; and (II) ensure that such selection is consistent with the process for selection of measures under subsections (k), (m), and (p)(2). (iv) Peer review Before including a new measure or a measure described in clause (i)(II)(cc) in the final list of measures published under clause (i) for a year, the Secretary shall submit for publication in applicable specialty-appropriate peer-reviewed journals such measure and the method for developing and selecting such measure, including clinical and other data supporting such measure. (v) Measures for inclusion The final list of quality measures published under clause (i) shall include, as applicable, measures under subsections (k), (m), and (p)(2), including quality measures from among— (I) measures endorsed by a consensus-based entity; (II) measures developed under subsection (s); and (III) measures submitted under clause (ii)(I). Any measure selected for inclusion in such list that is not endorsed by a consensus-based entity shall have a focus that is evidence-based. (vi) Exception for qualified clinical data registry measures Measures used by a qualified clinical data registry under subsection (m)(3)(E) shall not be subject to the requirements under clauses (i), (iv), and (v). The Secretary shall publish the list of measures used by such qualified clinical data registries on the Internet website of the Centers for Medicare & Medicaid Services. (vii) Exception for existing quality measures Any quality measure specified by the Secretary under subsection (k) or (m), including under subsection (m)(3)(E), and any measure of quality of care established under subsection (p)(2) for the reporting period under the respective subsection beginning before the first performance period under the MIPS— (I) shall not be subject to the requirements under clause (i) (except under items (aa) and (cc) of subclause (II) of such clause) or to the requirement under clause (iv); and (II) shall be included in the final list of quality measures published under clause (i) unless removed under clause (i)(II)(aa). (viii) Consultation with relevant eligible professional organizations and other relevant stakeholders Relevant eligible professional organizations and other relevant stakeholders, including State and national medical societies, shall be consulted in carrying out this subparagraph. (ix) Optional application The process under section 1890A is not required to apply to the selection of measures under this subparagraph. (3) Performance standards (A) Establishment Under the MIPS, the Secretary shall establish performance standards with respect to measures and activities specified under paragraph (2)(B) for a performance period (as established under paragraph (4)) for a year. (B) Considerations in establishing standards In establishing such performance standards with respect to measures and activities specified under paragraph (2)(B), the Secretary shall consider the following: (i) Historical performance standards. (ii) Improvement. (iii) The opportunity for continued improvement. (4) Performance period The Secretary shall establish a performance period (or periods) for a year (beginning with the year described in paragraph (1)(B)). Such performance period (or periods) shall begin and end prior to the beginning of such year and be as close as possible to such year. In this subsection, such performance period (or periods) for a year shall be referred to as the performance period for the year. (5) Composite performance score (A) In general Subject to the succeeding provisions of this paragraph and taking into account, as available and applicable, paragraph (1)(G), the Secretary shall develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) with respect to applicable measures and activities specified in paragraph (2)(B) with respect to each performance category applicable to such professional for a performance period (as established under paragraph (4)) for a year. Using such methodology, the Secretary shall provide for a composite assessment (using a scoring scale of 0 to 100) for each such professional for the performance period for such year. In this subsection such a composite assessment for such a professional with respect to a performance period shall be referred to as the composite performance score (B) Incentive to report; encouraging use of certified EHR technology for reporting quality measures (i) Incentive to report Under the methodology established under subparagraph (A), the Secretary shall provide that in the case of a MIPS eligible professional who fails to report on an applicable measure or activity that is required to be reported by the professional, the professional shall be treated as achieving the lowest potential score applicable to such measure or activity. (ii) Encouraging use of certified EHR technology and qualified clinical data registries for reporting quality measures Under the methodology established under subparagraph (A), the Secretary shall— (I) encourage MIPS eligible professionals to report on applicable measures with respect to the performance category described in paragraph (2)(A)(i) through the use of certified EHR technology and qualified clinical data registries; and (II) with respect to a performance period, with respect to a year, for which a MIPS eligible professional reports such measures through the use of such EHR technology, treat such professional as satisfying the clinical quality measures reporting requirement described in subsection (o)(2)(A)(iii) for such year. (C) Clinical practice improvement activities performance score (i) Rule for accreditation A MIPS eligible professional who is in a practice that is certified as a patient-centered medical home or comparable specialty practice pursuant to subsection (b)(8)(B)(i) with respect to a performance period shall be given the highest potential score for the performance category described in paragraph (2)(A)(iii) for such period. (ii) APM participation Participation by a MIPS eligible professional in an alternative payment model (as defined in section 1833(z)(3)(C)) with respect to a performance period shall earn such eligible professional a minimum score of one-half of the highest potential score for the performance category described in paragraph (2)(A)(iii) for such performance period. (iii) Subcategories A MIPS eligible professional shall not be required to perform activities in each subcategory under paragraph (2)(B)(iii) or participate in an alternative payment model in order to achieve the highest potential score for the performance category described in paragraph (2)(A)(iii). (D) Achievement and improvement (i) Taking into account improvement Beginning with the second year to which the MIPS applies, in addition to the achievement of a MIPS eligible professional, if data sufficient to measure improvement is available, the methodology developed under subparagraph (A)— (I) in the case of the performance score for the performance category described in clauses (i) and (ii) of paragraph (2)(A), shall take into account the improvement of the professional; and (II) in the case of performance scores for other performance categories, may take into account the improvement of the professional. (ii) Assigning higher weight for achievement Beginning with the fourth year to which the MIPS applies, under the methodology developed under subparagraph (A), the Secretary may assign a higher scoring weight under subparagraph (F) with respect to the achievement of a MIPS eligible professional than with respect to any improvement of such professional applied under clause (i) with respect to a measure, activity, or category described in paragraph (2). (E) Weights for the performance categories (i) In general Under the methodology developed under subparagraph (A), subject to subparagraph (F)(i) and clauses (ii) and (iii), the composite performance score shall be determined as follows: (I) Quality (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (i) of paragraph (2)(A). In applying the previous sentence, the Secretary shall, as feasible, encourage the application of outcome measures within such category. (bb) First 2 years For the first and second years for which the MIPS applies to payments, the percentage applicable under item (aa) shall be increased in a manner such that the total percentage points of the increase under this item for the respective year equals the total number of percentage points by which the percentage applied under subclause (II)(bb) for the respective year is less than 30 percent. (II) Resource use (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (bb) First 2 years For the first year for which the MIPS applies to payments, not more than 10 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). For the second year for which the MIPS applies to payments, not more than 15 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (III) Clinical practice improvement activities Fifteen percent of such score shall be based on performance with respect to the category described in clause (iii) of paragraph (2)(A). (IV) Meaningful use of certified EHR technology Twenty-five percent of such score shall be based on performance with respect to the category described in clause (iv) of paragraph (2)(A). (ii) Authority to adjust percentages in case of high EHR meaningful use adoption In any year in which the Secretary estimates that the proportion of eligible professionals (as defined in subsection (o)(5)) who are meaningful EHR users (as determined under subsection (o)(2)) is 75 percent or greater, the Secretary may reduce the percent applicable under clause (i)(IV), but not below 15 percent. If the Secretary makes such reduction for a year, subject to subclauses (I)(bb) and (II)(bb) of clause (i), the percentages applicable under one or more of subclauses (I), (II), and (III) of clause (i) for such year shall be increased in a manner such that the total percentage points of the increase under this clause for such year equals the total number of percentage points reduced under the preceding sentence for such year. (F) Certain flexibility for weighting performance categories, measures, and activities Under the methodology under subparagraph (A), if there are not sufficient measures and clinical practice improvement activities applicable and available to each type of eligible professional involved, the Secretary shall assign different scoring weights (including a weight of 0)— (i) which may vary from the scoring weights specified in subparagraph (E), for each performance category based on the extent to which the category is applicable to the type of eligible professional involved; and (ii) for each measure and activity specified under paragraph (2)(B) with respect to each such category based on the extent to which the measure or activity is applicable and available to the type of eligible professional involved. (G) Resource use Analysis of the performance category described in paragraph (2)(A)(ii) shall include results from the methodology described in subsection (r)(5), as appropriate. (H) Inclusion of quality measure data from other payers In applying subsections (k), (m), and (p) with respect to measures described in paragraph (2)(B)(i), analysis of the performance category described in paragraph (2)(A)(i) may include data submitted by MIPS eligible professionals with respect to items and services furnished to individuals who are not individuals entitled to benefits under part A or enrolled under part B. (I) Use of voluntary virtual groups for certain assessment purposes (i) In general In the case of MIPS eligible professionals electing to be a virtual group under clause (ii) with respect to a performance period for a year, for purposes of applying the methodology under subparagraph (A)— (I) the assessment of performance provided under such methodology with respect to the performance categories described in clauses (i) and (ii) of paragraph (2)(A) that is to be applied to each such professional in such group for such performance period shall be with respect to the combined performance of all such professionals in such group for such period; and (II) the composite score provided under this paragraph for such performance period with respect to each such performance category for each such MIPS eligible professional in such virtual group shall be based on the assessment of the combined performance under subclause (I) for the performance category and performance period. (ii) Election of practices to be a virtual group The Secretary shall, in accordance with clause (iii), establish and have in place a process to allow an individual MIPS eligible professional or a group practice consisting of not more than 10 MIPS eligible professionals to elect, with respect to a performance period for a year, for such individual MIPS eligible professional or all such MIPS eligible professionals in such group practice, respectively, to be a virtual group under this subparagraph with at least one other such individual MIPS eligible professional or group practice making such an election. Such a virtual group may be based on geographic areas or on provider specialties defined by nationally recognized multispecialty boards of certification or equivalent certification boards and such other eligible professional groupings in order to capture classifications of providers across eligible professional organizations and other practice areas or categories. (iii) Requirements The process under clause (ii)— (I) shall provide that an election under such clause, with respect to a performance period, shall be made before or during the beginning of such performance period and may not be changed during such performance period; (II) shall provide that a practice described in such clause, and each MIPS eligible professional in such practice, may elect to be in no more than one virtual group for a performance period; and (III) may provide that a virtual group may be combined at the tax identification number level. (6) MIPS payments (A) MIPS adjustment factor Taking into account paragraph (1)(G), the Secretary shall specify a MIPS adjustment factor for each MIPS eligible professional for a year. Such MIPS adjustment factor for a MIPS eligible professional for a year shall be in the form of a percent and shall be determined— (i) by comparing the composite performance score of the eligible professional for such year to the performance threshold established under subparagraph (D)(i) for such year; (ii) in a manner such that the adjustment factors specified under this subparagraph for a year result in differential payments under this paragraph reflecting that— (I) MIPS eligible professionals with composite performance scores for such year at or above such performance threshold for such year receive zero or positive incentive payment adjustment factors for such year in accordance with clause (iii), with such professionals having higher composite performance scores receiving higher adjustment factors; and (II) MIPS eligible professionals with composite performance scores for such year below such performance threshold for such year receive negative payment adjustment factors for such year in accordance with clause (iv), with such professionals having lower composite performance scores receiving lower adjustment factors; (iii) in a manner such that MIPS eligible professionals with composite scores described in clause (ii)(I) for such year, subject to clauses (i) and (ii) of subparagraph (F), receive a zero or positive adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the applicable percent specified in subparagraph (B) is assigned for a score of 100; and (iv) in a manner such that— (I) subject to subclause (II), MIPS eligible professionals with composite performance scores described in clause (ii)(II) for such year receive a negative payment adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the negative of the applicable percent specified in subparagraph (B) is assigned for a score of 0; and (II) MIPS eligible professionals with composite performance scores that are equal to or greater than 0, but not greater than 1/4 (B) Applicable percent defined For purposes of this paragraph, the term applicable percent (i) for 2018, 4 percent; (ii) for 2019, 5 percent; (iii) for 2020, 7 percent; and (iv) for 2021 and subsequent years, 9 percent. (C) Additional MIPS adjustment factors for exceptional performance (i) In general In the case of a MIPS eligible professional with a composite performance score for a year at or above the additional performance threshold under subparagraph (D)(ii) for such year, in addition to the MIPS adjustment factor under subparagraph (A) for the eligible professional for such year, subject to the availability of funds under clause (ii), the Secretary shall specify an additional positive MIPS adjustment factor for such professional and year. Such additional MIPS adjustment factors shall be determined by the Secretary in a manner such that professionals having higher composite performance scores above the additional performance threshold receive higher additional MIPS adjustment factors. (ii) Additional funding pool For 2018 and each subsequent year through 2023, there is appropriated from the Federal Supplementary Medical Insurance Trust Fund $500,000,000 for MIPS payments under this paragraph resulting from the application of the additional MIPS adjustment factors under clause (i). (D) Establishment of performance thresholds (i) Performance threshold For each year of the MIPS, the Secretary shall compute a performance threshold with respect to which the composite performance score of MIPS eligible professionals shall be compared for purposes of determining adjustment factors under subparagraph (A) that are positive, negative, and zero. Such performance threshold for a year shall be the mean or median (as selected by the Secretary) of the composite performance scores for all MIPS eligible professionals with respect to a prior period specified by the Secretary. The Secretary may reassess the selection under the previous sentence every 3 years. (ii) Additional performance threshold for exceptional performance In addition to the performance threshold under clause (i), for each year of the MIPS, the Secretary shall compute an additional performance threshold for purposes of determining the additional MIPS adjustment factors under subparagraph (C)(i). For each such year, the Secretary shall apply either of the following methods for computing such additional performance threshold for such a year: (I) The threshold shall be the score that is equal to the 25th percentile of the range of possible composite performance scores above the performance threshold with respect to the prior period described in clause (i). (II) The threshold shall be the score that is equal to the 25th percentile of the actual composite performance scores for MIPS eligible professionals with composite performance scores at or above the performance threshold with respect to the prior period described in clause (i). (iii) Special rule for initial 2 years With respect to each of the first two years to which the MIPS applies, the Secretary shall, prior to the performance period for such years, establish a performance threshold for purposes of determining MIPS adjustment factors under subparagraph (A) and a threshold for purposes of determining additional MIPS adjustment factors under subparagraph (C)(i). Each such performance threshold shall— (I) be based on a period prior to such performance periods; and (II) take into account— (aa) data available with respect to performance on measures and activities that may be used under the performance categories under subparagraph (2)(B); and (bb) other factors determined appropriate by the Secretary. (E) Application of MIPS adjustment factors In the case of items and services furnished by a MIPS eligible professional during a year (beginning with 2018), the amount otherwise paid under this part with respect to such items and services and MIPS eligible professional for such year, shall be multiplied by— (i) 1, plus (ii) the sum of— (I) the MIPS adjustment factor determined under subparagraph (A) divided by 100, and (II) as applicable, the additional MIPS adjustment factor determined under subparagraph (C)(i) divided by 100. (F) Aggregate application of MIPS adjustment factors (i) Application of scaling factor (I) In general With respect to positive MIPS adjustment factors under subparagraph (A)(ii)(I) for eligible professionals whose composite performance score is above the performance threshold under subparagraph (D)(i) for such year, subject to subclause (II), the Secretary shall increase or decrease such adjustment factors by a scaling factor in order to ensure that the budget neutrality requirement of clause (ii) is met. (II) Scaling factor limit In no case may be the scaling factor applied under this clause exceed 3.0. (ii) Budget neutrality requirement (I) In general Subject to clause (iii), the Secretary shall ensure that the estimated amount described in subclause (II) for a year is equal to the estimated amount described in subclause (III) for such year. (II) Aggregate increases The amount described in this subclause is the estimated increase in the aggregate allowed charges resulting from the application of positive MIPS adjustment factors under subparagraph (A) (after application of the scaling factor described in clause (i)) to MIPS eligible professionals whose composite performance score for a year is above the performance threshold under subparagraph (D)(i) for such year. (III) Aggregate decreases The amount described in this subclause is the estimated decrease in the aggregate allowed charges resulting from the application of negative MIPS adjustment factors under subparagraph (A) to MIPS eligible professionals whose composite performance score for a year is below the performance threshold under subparagraph (D)(i) for such year. (iii) Exceptions (I) In the case that all MIPS eligible professionals receive composite performance scores for a year that are below the performance threshold under subparagraph (D)(i) for such year, the negative MIPS adjustment factors under subparagraph (A) shall apply with respect to such MIPS eligible professionals and the budget neutrality requirement of clause (ii) shall not apply for such year. (II) In the case that, with respect to a year, the application of clause (i) results in a scaling factor equal to the maximum scaling factor specified in clause (i)(II), such scaling factor shall apply and the budget neutrality requirement of clause (ii) shall not apply for such year. (iv) Additional incentive payment adjustments In specifying the MIPS additional adjustment factors under subparagraph (C)(i) for each applicable MIPS eligible professional for a year, the Secretary shall ensure that the estimated increase in payments under this part resulting from the application of such additional adjustment factors for MIPS eligible professionals in a year shall be equal (as estimated by the Secretary) to the additional funding pool amount for such year under subparagraph (C)(ii). (7) Announcement of result of adjustments Under the MIPS, the Secretary shall, not later than 30 days prior to January 1 of the year involved, make available to MIPS eligible professionals the MIPS adjustment factor (and, as applicable, the additional MIPS adjustment factor) under paragraph (6) applicable to the eligible professional for items and services furnished by the professional for such year. The Secretary may include such information in the confidential feedback under paragraph (12). (8) No effect in subsequent years The MIPS adjustment factors and additional MIPS adjustment factors under paragraph (6) shall apply only with respect to the year involved, and the Secretary shall not take into account such adjustment factors in making payments to a MIPS eligible professional under this part in a subsequent year. (9) Public reporting (A) In general The Secretary shall, in an easily understandable format, make available on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services the following: (i) Information regarding the performance of MIPS eligible professionals under the MIPS, which— (I) shall include the composite score for each such MIPS eligible professional and the performance of each such MIPS eligible professional with respect to each performance category; and (II) may include the performance of each such MIPS eligible professional with respect to each measure or activity specified in paragraph (2)(B). (ii) The names of eligible professionals in eligible alternative payment models (as defined in section 1833(z)(3)(D)) and, to the extent feasible, the names of such eligible alternative payment models and performance of such models. (B) Disclosure The information made available under this paragraph shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (C) Opportunity to review and submit corrections The Secretary shall provide for an opportunity for a professional described in subparagraph (A) to review, and submit corrections for, the information to be made public with respect to the professional under such subparagraph prior to such information being made public. (D) Aggregate information The Secretary shall periodically post on the Physician Compare Internet website aggregate information on the MIPS, including the range of composite scores for all MIPS eligible professionals and the range of the performance of all MIPS eligible professionals with respect to each performance category. (10) Consultation The Secretary shall consult with stakeholders in carrying out the MIPS, including for the identification of measures and activities under paragraph (2)(B) and the methodologies developed under paragraphs (5)(A) and (6) and regarding the use of qualified clinical data registries. Such consultation shall include the use of a request for information or other mechanisms determined appropriate. (11) Technical assistance to small practices and practices in health professional shortage areas (A) In general The Secretary shall enter into contracts or agreements with appropriate entities (such as quality improvement organizations, regional extension centers (as described in section 3012(c) of the Public Health Service Act), or regional health collaboratives) to offer guidance and assistance to MIPS eligible professionals in practices of 15 or fewer professionals (with priority given to such practices located in rural areas, health professional shortage areas (as designated under in section 332(a)(1)(A) of such Act), and medically underserved areas, and practices with low composite scores) with respect to— (i) the performance categories described in clauses (i) through (iv) of paragraph (2)(A); or (ii) how to transition to the implementation of and participation in an alternative payment model as described in section 1833(z)(3)(C). (B) Funding for implementation (i) In general For purposes of implementing subparagraph (A), the Secretary shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 to the Centers for Medicare & Medicaid Services Program Management Account of $40,000,000 for each of fiscal years 2015 through 2019. Amounts transferred under this subparagraph for a fiscal year shall be available until expended. (ii) Technical assistance Of the amounts transferred pursuant to clause (i) for each of fiscal years 2015 through 2019, not less than $10,000,000 shall be made available for each such year for technical assistance to small practices in health professional shortage areas (as so designated) and medically underserved areas. (12) Feedback and information to improve performance (A) Performance feedback (i) In general Beginning July 1, 2016, the Secretary— (I) shall make available timely (such as quarterly) confidential feedback to MIPS eligible professionals on the performance of such professionals with respect to the performance categories under clauses (i) and (ii) of paragraph (2)(A); and (II) may make available confidential feedback to each such professional on the performance of such professional with respect to the performance categories under clauses (iii) and (iv) of such paragraph. (ii) Mechanisms The Secretary may use one or more mechanisms to make feedback available under clause (i), which may include use of a web-based portal or other mechanisms determined appropriate by the Secretary. With respect to the performance category described in paragraph (2)(A)(i), feedback under this subparagraph shall, to the extent an eligible professional chooses to participate in a data registry for purposes of this subsection (including registries under subsections (k) and (m)), be provided based on performance on quality measures reported through the use of such registries. With respect to any other performance category described in paragraph (2)(A), the Secretary shall encourage provision of feedback through qualified clinical data registries as described in subsection (m)(3)(E)). (iii) Use of data For purposes of clause (i), the Secretary may use data, with respect to a MIPS eligible professional, from periods prior to the current performance period and may use rolling periods in order to make illustrative calculations about the performance of such professional. (iv) Disclosure exemption Feedback made available under this subparagraph shall be exempt from disclosure under section 552 of title 5, United States Code. (v) Receipt of information The Secretary may use the mechanisms established under clause (ii) to receive information from professionals, such as information with respect to this subsection. (B) Additional information (i) In general Beginning July 1, 2017, the Secretary shall make available to each MIPS eligible professional information, with respect to individuals who are patients of such MIPS eligible professional, about items and services for which payment is made under this title that are furnished to such individuals by other suppliers and providers of services, which may include information described in clause (ii). Such information may be made available under the previous sentence to such MIPS eligible professionals by mechanisms determined appropriate by the Secretary, which may include use of a web-based portal. Such information may be made available in accordance with the same or similar terms as data are made available to accountable care organizations participating in the shared savings program under section 1899, including a beneficiary opt-out. (ii) Type of information For purposes of clause (i), the information described in this clause, is the following: (I) With respect to selected items and services (as determined appropriate by the Secretary) for which payment is made under this title and that are furnished to individuals, who are patients of a MIPS eligible professional, by another supplier or provider of services during the most recent period for which data are available (such as the most recent three-month period), such as the name of such providers furnishing such items and services to such patients during such period, the types of such items and services so furnished, and the dates such items and services were so furnished. (II) Historical data, such as averages and other measures of the distribution if appropriate, of the total, and components of, allowed charges (and other figures as determined appropriate by the Secretary). (13) Review (A) Targeted review The Secretary shall establish a process under which a MIPS eligible professional may seek an informal review of the calculation of the MIPS adjustment factor applicable to such eligible professional under this subsection for a year. The results of a review conducted pursuant to the previous sentence shall not be taken into account for purposes of paragraph (6) with respect to a year (other than with respect to the calculation of such eligible professional’s MIPS adjustment factor for such year or additional MIPS adjustment factor for such year) after the factors determined in subparagraph (A) and subparagraph (C) of such paragraph have been determined for such year. (B) Limitation Except as provided for in subparagraph (A), there shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the following: (i) The methodology used to determine the amount of the MIPS adjustment factor under paragraph (6)(A) and the amount of the additional MIPS adjustment factor under paragraph (6)(C)(i) and the determination of such amounts. (ii) The establishment of the performance standards under paragraph (3) and the performance period under paragraph (4). (iii) The identification of measures and activities specified under paragraph (2)(B) and information made public or posted on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services under paragraph (9). (iv) The methodology developed under paragraph (5) that is used to calculate performance scores and the calculation of such scores, including the weighting of measures and activities under such methodology. . (2) GAO reports (A) Evaluation of eligible professional MIPS Not later than October 1, 2019, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report evaluating the eligible professional Merit-based Incentive Payment System under subsection (q) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (i) examine the distribution of the composite performance scores and MIPS adjustment factors (and additional MIPS adjustment factors) for MIPS eligible professionals (as defined in subsection (q)(1)(c) of such section) under such program, and patterns relating to such scores and adjustment factors, including based on type of provider, practice size, geographic location, and patient mix; (ii) provide recommendations for improving such program; (iii) evaluate the impact of technical assistance funding under section 1848(q)(11) of the Social Security Act, as added by paragraph (1), on the ability of professionals to improve within such program or successfully transition to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)), with priority for such evaluation given to practices located in rural areas, health professional shortage areas (as designated in section 332(a)(1)(a) of the Public Health Service Act), and medically underserved areas; and (iv) provide recommendations for optimizing the use of such technical assistance funds. (B) Study to examine alignment of quality measures used in public and private programs (i) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (I) compares the similarities and differences in the use of quality measures under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act, the Medicare Advantage program under part C of such title, selected State Medicaid programs under title XIX of such Act, and private payer arrangements; and (II) makes recommendations on how to reduce the administrative burden involved in applying such quality measures. (ii) Requirements The report under clause (i) shall— (I) consider those measures applicable to individuals entitled to, or enrolled for, benefits under such part A, or enrolled under such part B and individuals under the age of 65; and (II) focus on those measures that comprise the most significant component of the quality performance category of the eligible professional MIPS incentive program under subsection (q) of section 1848 of the Social Security Act (42 U.S.C. 1395w–4), as added by paragraph (1). (C) Study on role of independent risk managers Not later than January 1, 2016, the Comptroller General of the United States shall submit to Congress a report examining whether entities that pool financial risk for physician practices, such as independent risk managers, can play a role in supporting physician practices, particularly small physician practices, in assuming financial risk for the treatment of patients. Such report shall examine barriers that small physician practices currently face in assuming financial risk for treating patients, the types of risk management entities that could assist physician practices in participating in two-sided risk payment models, and how such entities could assist with risk management and with quality improvement activities. Such report shall also include an analysis of any existing legal barriers to such arrangements. (D) Study to examine rural and health professional shortage area alternative payment models Not later than October 1, 2020, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report that examines the transition of professionals in rural areas, health professional shortage areas (as designated in section 332(a)(1)(A) of the Public Health Service Act), or medically underserved areas to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)). Such report shall make recommendations for removing administrative barriers to practices, including small practices consisting of 15 or fewer professionals, in rural areas, health professional shortage areas, and medically underserved areas to participation in such models. (3) Funding for implementation For purposes of implementing the provisions of and the amendments made by this section, the Secretary of Health and Human Services shall provide for the transfer of $80,000,000 from the Supplementary Medical Insurance Trust Fund established under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Program Management Account for each of the fiscal years 2014 through 2018. Amounts transferred under this paragraph shall be available until expended. (d) Improving quality reporting for composite scores (1) Changes for group reporting option (A) In general Section 1848(m)(3)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(C)(ii) and, for 2015 and subsequent years, may provide shall provide (B) Clarification of qualified clinical data registry reporting to group practices Section 1848(m)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(D) and, for 2015 and subsequent years, subparagraph (A) or (C) subparagraph (A) (2) Changes for multiple reporting periods and alternative criteria for satisfactory reporting Section 1848(m)(5)(F) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(5)(F) (A) by striking and subsequent years through reporting periods occurring in 2014 (B) by inserting and, for reporting periods occurring in 2015 and subsequent years, the Secretary may establish shall establish (3) Physician feedback program reports succeeded by reports under MIPS Section 1848(n) of the Social Security Act ( 42 U.S.C. 1395w–4(n) (11) Reports ending with 2016 Reports under the Program shall not be provided after December 31, 2016. See subsection (q)(12) for reports under the eligible professionals Merit-based Incentive Payment System. . (4) Coordination with satisfying meaningful EHR use clinical quality measure reporting requirement Section 1848(o)(2)(A)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(iii) and subsection (q)(5)(B)(ii)(II) Subject to subparagraph (B)(ii) (e) Promoting alternative payment models (1) Increasing transparency of physician focused payment models Section 1868 of the Social Security Act ( 42 U.S.C. 1395ee (c) Physician focused payment models (1) Technical advisory committee (A) Establishment There is established an ad hoc committee to be known as the Payment Model Technical Advisory Committee Committee (B) Membership (i) Number and appointment The Committee shall be composed of 11 members appointed by the Comptroller General of the United States. (ii) Qualifications The membership of the Committee shall include individuals with national recognition for their expertise in payment models and related delivery of care. No more than 5 members of the Committee shall be providers of services or suppliers, or representatives of providers of services or suppliers. (iii) Prohibition on federal employment A member of the Committee shall not be an employee of the Federal Government. (iv) Ethics disclosure The Comptroller General shall establish a system for public disclosure by members of the Committee of financial and other potential conflicts of interest relating to such members. Members of the Committee shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978 ( Public Law 95–521 (v) Date of initial appointments The initial appointments of members of the Committee shall be made by not later than 180 days after the date of enactment of this subsection. (C) Term; vacancies (i) Term The terms of members of the Committee shall be for 3 years except that the Comptroller General shall designate staggered terms for the members first appointed. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Committee shall be filled in the manner in which the original appointment was made. (D) Duties The Committee shall meet, as needed, to provide comments and recommendations to the Secretary, as described in paragraph (2)(C), on physician-focused payment models. (E) Compensation of members (i) In general Except as provided in clause (ii), a member of the Committee shall serve without compensation. (ii) Travel expenses A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (F) Operational and technical support (i) In general The Assistant Secretary for Planning and Evaluation shall provide technical and operational support for the Committee, which may be by use of a contractor. The Office of the Actuary of the Centers for Medicare & Medicaid Services shall provide to the Committee actuarial assistance as needed. (ii) Funding The Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, such amounts as are necessary to carry out clause (i) (not to exceed $5,000,000) for fiscal year 2014 and each subsequent fiscal year. Any amounts transferred under the preceding sentence for a fiscal year shall remain available until expended. (G) Application Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (2) Criteria and process for submission and review of physician-focused payment models (A) Criteria for assessing physician-focused payment models (i) Rulemaking Not later than November 1, 2015, the Secretary shall, through notice and comment rulemaking, following a request for information, establish criteria for physician-focused payment models, including models for specialist physicians, that could be used by the Committee for making comments and recommendations pursuant to paragraph (1)(D). (ii) MedPAC submission of comments During the comment period for the proposed rule described in clause (i), the Medicare Payment Advisory Commission may submit comments to the Secretary on the proposed criteria under such clause. (iii) Updating The Secretary may update the criteria established under this subparagraph through rulemaking. (B) Stakeholder submission of physician focused payment models On an ongoing basis, individuals and stakeholder entities may submit to the Committee proposals for physician-focused payment models that such individuals and entities believe meet the criteria described in subparagraph (A). (C) TAC review of models submitted The Committee shall, on a periodic basis, review models submitted under subparagraph (B), prepare comments and recommendations regarding whether such models meet the criteria described in subparagraph (A), and submit such comments and recommendations to the Secretary. (D) Secretary review and response The Secretary shall review the comments and recommendations submitted by the Committee under subparagraph (C) and post a detailed response to such comments and recommendations on the Internet Website of the Centers for Medicare & Medicaid Services. (3) Rule of construction Nothing in this subsection shall be construed to impact the development or testing of models under this title or titles XI, XIX, or XXI. . (2) Incentive payments for participation in eligible alternative payment models Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (z) Incentive payments for participation in eligible alternative payment models (1) Payment incentive (A) In general In the case of covered professional services furnished by an eligible professional during a year that is in the period beginning with 2018 and ending with 2023 and for which the professional is a qualifying APM participant, in addition to the amount of payment that would otherwise be made for such covered professional services under this part for such year, there also shall be paid to such professional an amount equal to 5 percent of the payment amount for the covered professional services under this part for the preceding year. For purposes of the previous sentence, the payment amount for the preceding year may be an estimation for the full preceding year based on a period of such preceding year that is less than the full year. The Secretary shall establish policies to implement this subparagraph in cases where payment for covered professional services furnished by a qualifying APM participant in an alternative payment model is made to an entity participating in the alternative payment model rather than directly to the qualifying APM participant. (B) Form of payment Payments under this subsection shall be made in a lump sum, on an annual basis, as soon as practicable. (C) Treatment of payment incentive Payments under this subsection shall not be taken into account for purposes of determining actual expenditures under an alternative payment model and for purposes of determining or rebasing any benchmarks used under the alternative payment model. (D) Coordination The amount of the additional payment for an item or service under this subsection or subsection (m) shall be determined without regard to any additional payment for the item or service under subsection (m) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (x) shall be determined without regard to any additional payment for the item or service under subsection (x) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (y) shall be determined without regard to any additional payment for the item or service under subsection (y) and this subsection, respectively. (2) Qualifying APM participant For purposes of this subsection, the term qualifying APM participant (A) 2018 and 2019 With respect to 2018 and 2019, an eligible professional for whom the Secretary determines that at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (B) 2020 and 2021 With respect to 2020 and 2021, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 50 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 50 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (C) Beginning in 2022 With respect to 2022 and each subsequent year, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 75 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 75 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (3) Additional definitions In this subsection: (A) Covered professional services The term covered professional services (B) Eligible professional The term eligible professional (C) Alternative payment model (APM) The term alternative payment model (i) A model under section 1115A (other than a health care innovation award). (ii) The shared savings program under section 1899. (iii) A demonstration under section 1866C. (iv) A demonstration required by Federal law. (D) Eligible alternative payment model (APM) (i) In general The term eligible alternative payment model (I) that requires use of certified EHR technology (as defined in subsection (o)(4)); (II) that provides for payment for covered professional services based on quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i); and (III) that satisfies the requirement described in clause (ii). (ii) Additional requirement For purposes of clause (i)(III), the requirement described in this clause, with respect to a year and an alternative payment model, is that the alternative payment model— (I) is one in which one or more entities bear financial risk for monetary losses under such model that are in excess of a nominal amount; or (II) is a medical home expanded under section 1115A(c). (4) Limitation There shall be no administrative or judicial review under section 1869, 1878, or otherwise, of the following: (A) The determination that an eligible professional is a qualifying APM participant under paragraph (2) and the determination that an alternative payment model is an eligible alternative payment model under paragraph (3)(D). (B) The determination of the amount of the 5 percent payment incentive under paragraph (1)(A), including any estimation as part of such determination. . (3) Coordination conforming amendments Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (A) in subsection (x)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. (B) in subsection (y)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. (4) Encouraging development and testing of certain models Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) (A) in subparagraph (B), by adding at the end the following new clauses: (xxi) Focusing primarily on physicians’ services (as defined in section 1848(j)(3)) furnished by physicians who are not primary care practitioners. (xxii) Focusing on practices of 15 or fewer professionals. (xxiii) Focusing on risk-based models for small physician practices which may involve two-sided risk and prospective patient assignment, and which examine risk-adjusted decreases in mortality rates, hospital readmissions rates, and other relevant and appropriate clinical measures. (xxiv) Focusing primarily on title XIX, working in conjunction with the Center for Medicaid and CHIP Services. ; and (B) in subparagraph (C)(viii), by striking other public sector or private sector payers other public sector payers, private sector payers, or Statewide payment models (5) Construction regarding telehealth services Nothing in the provisions of, or amendments made by, this Act shall be construed as precluding an alternative payment model or a qualifying APM participant (as those terms are defined in section 1833(z) of the Social Security Act, as added by paragraph (1)) from furnishing a telehealth service for which payment is not made under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)). (6) Integrating Medicare Advantage alternative payment models Not later than July 1, 2015, the Secretary of Health and Human Services shall submit to Congress a study that examines the feasibility of integrating alternative payment models in the Medicare Advantage payment system. The study shall include the feasibility of including a value-based modifier and whether such modifier should be budget neutral. (7) Study and report on fraud related to alternative payment models under the Medicare program (A) Study The Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall conduct a study that— (i) examines the applicability of the Federal fraud prevention laws to items and services furnished under title XVIII of the Social Security Act for which payment is made under an alternative payment model (as defined in section 1833(z)(3)(C) of such Act ( 42 U.S.C. 1395l(z)(3)(C) (ii) identifies aspects of such alternative payment models that are vulnerable to fraudulent activity; and (iii) examines the implications of waivers to such laws granted in support of such alternative payment models, including under any potential expansion of such models. (B) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the results of the study conducted under subparagraph (A). Such report shall include recommendations for actions to be taken to reduce the vulnerability of such alternative payment models to fraudulent activity. Such report also shall include, as appropriate, recommendations of the Inspector General for changes in Federal fraud prevention laws to reduce such vulnerability. (f) Improving payment accuracy (1) Studies and reports of effect of certain information on quality and resource use (A) Study using existing Medicare data (i) Study The Secretary of Health and Human Services (in this subsection referred to as the Secretary (ii) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (B) Study using other data (i) Study The Secretary shall conduct a study that examines the impact of risk factors, such as those described in section 1848(p)(3) of the Social Security Act (42 U.S.C. 1395w–4(p)(3)), race, health literacy, limited English proficiency (LEP), and patient activation, on quality and resource use outcome measures under the Medicare program (such as to recognize that less healthy individuals may require more intensive interventions). In conducting such study the Secretary may use existing Federal data and collect such additional data as may be necessary to complete the study. (ii) Report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (C) Examination of data in conducting studies In conducting the studies under subparagraphs (A) and (B), the Secretary shall examine what non-Medicare data sets, such as data from the American Community Survey (ACS), can be useful in conducting the types of studies under such paragraphs and how such data sets that are identified as useful can be coordinated with Medicare administrative data in order to improve the overall data set available to do such studies and for the administration of the Medicare program. (D) Recommendations to account for information in payment adjustment mechanisms If the studies conducted under subparagraphs (A) and (B) find a relationship between the factors examined in the studies and quality and resource use outcome measures, then the Secretary shall also provide recommendations for how the Centers for Medicare & Medicaid Services should— (i) obtain access to the necessary data (if such data is not already being collected) on such factors, including recommendations on how to address barriers to the Centers in accessing such data; and (ii) account for such factors in determining payment adjustments based on quality and resource use outcome measures under the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act (42 U.S.C. 1395w–4(q)) and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (E) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph $6,000,000, to remain available until expended. (2) CMS activities (A) Hierarchal Condition Category (HCC) improvement Taking into account the relevant studies conducted and recommendations made in reports under paragraph (1), the Secretary, on an ongoing basis, shall, as the Secretary determines appropriate, estimate how an individual’s health status and other risk factors affect quality and resource use outcome measures and, as feasible, shall incorporate information from quality and resource use outcome measurement (including care episode and patient condition groups) into provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (B) Accounting for other factors in payment adjustment mechanisms (i) In general Taking into account the studies conducted and recommendations made in reports under paragraph (1) and other information as appropriate, the Secretary shall, as the Secretary determines appropriate, account for identified factors with an effect on quality and resource use outcome measures when determining payment adjustment mechanisms under provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (ii) Accessing data The Secretary shall collect or otherwise obtain access to the data necessary to carry out this paragraph through existing and new data sources. (iii) Periodic analyses The Secretary shall carry out periodic analyses, at least every 3 years, based on the factors referred to in clause (i) so as to monitor changes in possible relationships. (C) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph and the application of this paragraph to the Merit-based Incentive Payment System under section 1848(q) of such Act $10,000,000, to remain available until expended. (3) Strategic plan for accessing race and ethnicity data Not later than 18 months after the date of the enactment of this Act, the Secretary shall develop and report to Congress on a strategic plan for collecting or otherwise accessing data on race and ethnicity for purposes of carrying out the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (g) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (r) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement (1) In general In order to involve the physician, practitioner, and other stakeholder communities in enhancing the infrastructure for resource use measurement, including for purposes of the Merit-based Incentive Payment System under subsection (q) and alternative payment models under section 1833(z), the Secretary shall undertake the steps described in the succeeding provisions of this subsection. (2) Development of care episode and patient condition groups and classification codes (A) In general In order to classify similar patients into care episode groups and patient condition groups, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Public availability of existing efforts to design an episode grouper Not later than 120 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a list of the episode groups developed pursuant to subsection (n)(9)(A) and related descriptive information. (C) Stakeholder input The Secretary shall accept, through the date that is 60 days after the day the Secretary posts the list pursuant to subparagraph (B), suggestions from physician specialty societies, applicable practitioner organizations, and other stakeholders for episode groups in addition to those posted pursuant to such subparagraph, and specific clinical criteria and patient characteristics to classify patients into— (i) care episode groups; and (ii) patient condition groups. (D) Development of proposed classification codes (i) In general Taking into account the information described in subparagraph (B) and the information received under subparagraph (C), the Secretary shall— (I) establish care episode groups and patient condition groups, which account for a target of an estimated 2/3 (II) assign codes to such groups. (ii) Care episode groups In establishing the care episode groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical problems at the time items and services are furnished during an episode of care, such as the clinical conditions or diagnoses, whether or not inpatient hospitalization is anticipated or occurs, and the principal procedures or services planned or furnished; and (II) other factors determined appropriate by the Secretary. (iii) Patient condition groups In establishing the patient condition groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical history at the time of each medical visit, such as the patient’s combination of chronic conditions, current health status, and recent significant history (such as hospitalization and major surgery during a previous period, such as 3 months); and (II) other factors determined appropriate by the Secretary, such as eligibility status under this title (including eligibility under section 226(a), 226(b), or 226A, and dual eligibility under this title and title XIX). (E) Draft care episode and patient condition groups and classification codes Not later than 180 days after the end of the comment period described in subparagraph (C), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the care episode and patient condition codes established under subparagraph (D) (and the criteria and characteristics assigned to such code). (F) Solicitation of input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (E), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the care episode and patient condition groups (and codes) posted under subparagraph (E). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include use of open door forums, town hall meetings, or other appropriate mechanisms. (G) Operational list of care episode and patient condition groups and codes Not later than 180 days after the end of the comment period described in subparagraph (F), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of care episode and patient condition codes (and the criteria and characteristics assigned to such code). (H) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational lists of care episode and patient condition codes as the Secretary determines may be appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (3) Attribution of patients to physicians or practitioners (A) In general In order to facilitate the attribution of patients and episodes (in whole or in part) to one or more physicians or applicable practitioners furnishing items and services, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Development of patient relationship categories and codes The Secretary shall develop patient relationship categories and codes that define and distinguish the relationship and responsibility of a physician or applicable practitioner with a patient at the time of furnishing an item or service. Such patient relationship categories shall include different relationships of the physician or applicable practitioner to the patient (and the codes may reflect combinations of such categories), such as a physician or applicable practitioner who— (i) considers themself to have the primary responsibility for the general and ongoing care for the patient over extended periods of time; (ii) considers themself to be the lead physician or practitioner and who furnishes items and services and coordinates care furnished by other physicians or practitioners for the patient during an acute episode; (iii) furnishes items and services to the patient on a continuing basis during an acute episode of care, but in a supportive rather than a lead role; (iv) furnishes items and services to the patient on an occasional basis, usually at the request of another physician or practitioner; or (v) furnishes items and services only as ordered by another physician or practitioner. (C) Draft list of patient relationship categories and codes Not later than 270 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the patient relationship categories and codes developed under subparagraph (B). (D) Stakeholder Input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (C), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the patient relationship categories and codes posted under subparagraph (C). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (E) Operational list of patient relationship categories and codes Not later than 180 days after the end of the comment period described in subparagraph (D), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of patient relationship categories and codes. (F) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational list of patient relationship categories and codes as the Secretary determines appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (4) Reporting of information for resource use measurement Claims submitted for items and services furnished by a physician or applicable practitioner on or after January 1, 2017, shall, as determined appropriate by the Secretary, include— (A) applicable codes established under paragraphs (2) and (3); and (B) the national provider identifier of the ordering physician or applicable practitioner (if different from the billing physician or applicable practitioner). (5) Methodology for resource use analysis (A) In general In order to evaluate the resources used to treat patients (with respect to care episode and patient condition groups), the Secretary shall— (i) use the patient relationship codes reported on claims pursuant to paragraph (4) to attribute patients (in whole or in part) to one or more physicians and applicable practitioners; (ii) use the care episode and patient condition codes reported on claims pursuant to paragraph (4) as a basis to compare similar patients and care episodes and patient condition groups; and (iii) conduct an analysis of resource use (with respect to care episodes and patient condition groups of such patients), as the Secretary determines appropriate. (B) Analysis of patients of physicians and practitioners In conducting the analysis described in subparagraph (A)(iii) with respect to patients attributed to physicians and applicable practitioners, the Secretary shall, as feasible— (i) use the claims data experience of such patients by patient condition codes during a common period, such as 12 months; and (ii) use the claims data experience of such patients by care episode codes— (I) in the case of episodes without a hospitalization, during periods of time (such as the number of days) determined appropriate by the Secretary; and (II) in the case of episodes with a hospitalization, during periods of time (such as the number of days) before, during, and after the hospitalization. (C) Measurement of resource use In measuring such resource use, the Secretary— (i) shall use per patient total allowed charges for all services under part A and this part (and, if the Secretary determines appropriate, part D) for the analysis of patient resource use, by care episode codes and by patient condition codes; and (ii) may, as determined appropriate, use other measures of allowed charges (such as subtotals for categories of items and services) and measures of utilization of items and services (such as frequency of specific items and services and the ratio of specific items and services among attributed patients or episodes). (D) Stakeholder Input The Secretary shall seek comments from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the resource use methodology established pursuant to this paragraph. In seeking comments the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (6) Implementation To the extent that the Secretary contracts with an entity to carry out any part of the provisions of this subsection, the Secretary may not contract with an entity or an entity with a subcontract if the entity or subcontracting entity currently makes recommendations to the Secretary on relative values for services under the fee schedule for physicians’ services under this section. (7) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of— (A) care episode and patient condition groups and codes established under paragraph (2); (B) patient relationship categories and codes established under paragraph (3); and (C) measurement of, and analyses of resource use with respect to, care episode and patient condition codes and patient relationship codes pursuant to paragraph (5). (8) Administration Chapter 35 (9) Definitions In this section: (A) Physician The term physician (B) Applicable practitioner The term applicable practitioner (i) a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)); and (ii) beginning January 1, 2018, such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary. (10) Clarification The provisions of sections 1890(b)(7) and 1890A shall not apply to this subsection. . 102. Priorities and funding for measure development Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (s) Priorities and funding for measure development (1) Plan identifying measure development priorities and timelines (A) Draft measure development plan Not later than January 1, 2015, the Secretary shall develop, and post on the Internet website of the Centers for Medicare & Medicaid Services, a draft plan for the development of quality measures for application under the applicable provisions (as defined in paragraph (5)). Under such plan the Secretary shall— (i) address how measures used by private payers and integrated delivery systems could be incorporated under title XVIII; (ii) describe how coordination, to the extent possible, will occur across organizations developing such measures; and (iii) take into account how clinical best practices and clinical practice guidelines should be used in the development of quality measures. (B) Quality domains For purposes of this subsection, the term quality domains (i) Clinical care. (ii) Safety. (iii) Care coordination. (iv) Patient and caregiver experience. (v) Population health and prevention. (C) Consideration In developing the draft plan under this paragraph, the Secretary shall consider— (i) gap analyses conducted by the entity with a contract under section 1890(a) or other contractors or entities; (ii) whether measures are applicable across health care settings; (iii) clinical practice improvement activities submitted under subsection (q)(2)(C)(iv) for identifying possible areas for future measure development and identifying existing gaps with respect to such measures; and (iv) the quality domains applied under this subsection. (D) Priorities In developing the draft plan under this paragraph, the Secretary shall give priority to the following types of measures: (i) Outcome measures, including patient reported outcome and functional status measures. (ii) Patient experience measures. (iii) Care coordination measures. (iv) Measures of appropriate use of services, including measures of over use. (E) Stakeholder input The Secretary shall accept through March 1, 2015, comments on the draft plan posted under paragraph (1)(A) from the public, including health care providers, payers, consumers, and other stakeholders. (F) Final measure development plan Not later than May 1, 2015, taking into account the comments received under this subparagraph, the Secretary shall finalize the plan and post on the Internet website of the Centers for Medicare & Medicaid Services an operational plan for the development of quality measures for use under the applicable provisions. Such plan shall be updated as appropriate. (2) Contracts and other arrangements for quality measure development (A) In general The Secretary shall enter into contracts or other arrangements with entities for the purpose of developing, improving, updating, or expanding in accordance with the plan under paragraph (1) quality measures for application under the applicable provisions. Such entities shall include organizations with quality measure development expertise. (B) Prioritization (i) In general In entering into contracts or other arrangements under subparagraph (A), the Secretary shall give priority to the development of the types of measures described in paragraph (1)(D). (ii) Consideration In selecting measures for development under this subsection, the Secretary shall consider— (I) whether such measures would be electronically specified; and (II) clinical practice guidelines to the extent that such guidelines exist. (3) Annual report by the Secretary (A) In general Not later than May 1, 2016, and annually thereafter, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a report on the progress made in developing quality measures for application under the applicable provisions. (B) Requirements Each report submitted pursuant to subparagraph (A) shall include the following: (i) A description of the Secretary’s efforts to implement this paragraph. (ii) With respect to the measures developed during the previous year— (I) a description of the total number of quality measures developed and the types of such measures, such as an outcome or patient experience measure; (II) the name of each measure developed; (III) the name of the developer and steward of each measure; (IV) with respect to each type of measure, an estimate of the total amount expended under this title to develop all measures of such type; and (V) whether the measure would be electronically specified. (iii) With respect to measures in development at the time of the report— (I) the information described in clause (ii), if available; and (II) a timeline for completion of the development of such measures. (iv) A description of any updates to the plan under paragraph (1) (including newly identified gaps and the status of previously identified gaps) and the inventory of measures applicable under the applicable provisions. (v) Other information the Secretary determines to be appropriate. (4) Stakeholder input With respect to paragraph (1), the Secretary shall seek stakeholder input with respect to— (A) the identification of gaps where no quality measures exist, particularly with respect to the types of measures described in paragraph (1)(D); (B) prioritizing quality measure development to address such gaps; and (C) other areas related to quality measure development determined appropriate by the Secretary. (5) Definition of applicable provisions In this subsection, the term applicable provisions (A) Subsection (q)(2)(B)(i). (B) Section 1833(z)(2)(C). (6) Funding For purposes of carrying out this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $15,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2014 through 2018. Amounts transferred under this paragraph shall remain available through the end of fiscal year 2021. . 103. Encouraging care management for individuals with chronic care needs (a) In general Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) (8) Encouraging care management for individuals with chronic care needs (A) In general In order to encourage the management of care by an applicable provider (as defined in subparagraph (B)) for individuals with chronic care needs the Secretary shall— (i) establish one or more HCPCS codes for chronic care management services for such individuals; and (ii) subject to subparagraph (D), make payment (as the Secretary determines to be appropriate) under this section for such management services furnished on or after January 1, 2015, by an applicable provider. (B) Applicable provider defined For purposes of this paragraph, the term applicable provider (i) is recognized as such a medical home or comparable specialty practice by an organization that is recognized by the Secretary for purposes of such recognition as such a medical home or practice; or (ii) meets such other comparable qualifications as the Secretary determines to be appropriate. (C) Budget neutrality The budget neutrality provision under subsection (c)(2)(B)(ii)(II) shall apply in establishing the payment under subparagraph (A)(ii). (D) Policies relating to payment In carrying out this paragraph, with respect to chronic care management services, the Secretary shall— (i) make payment to only one applicable provider for such services furnished to an individual during a period; (ii) not make payment under subparagraph (A) if such payment would be duplicative of payment that is otherwise made under this title for such services (such as in the case of hospice care or home health services); and (iii) not require that an annual wellness visit (as defined in section 1861(hhh)) or an initial preventive physical examination (as defined in section 1861(ww)) be furnished as a condition of payment for such management services. . (b) Education and outreach (1) Campaign (A) In general The Secretary of Health and Human Services (in this subsection referred to as the Secretary (B) Requirements Such campaign shall— (i) be directed by the Office of Rural Health Policy of the Department of Health and Human Services and the Office of Minority Health of the Centers for Medicare & Medicaid Services; and (ii) focus on encouraging participation by underserved rural populations and racial and ethnic minority populations. (2) Report (A) In general Not later than December 31, 2017, the Secretary shall submit to Congress a report on the use of chronic care management services described in such section 1848(b)(8) by individuals living in rural areas and by racial and ethnic minority populations. Such report shall— (i) identify barriers to receiving chronic care management services; and (ii) make recommendations for increasing the appropriate use of chronic care management services. 104. Ensuring accurate valuation of services under the physician fee schedule (a) Authority To collect and use information on physicians’ services in the determination of relative values (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (M) Authority to collect and use information on physicians’ services in the determination of relative values (i) Collection of information Notwithstanding any other provision of law, the Secretary may collect or obtain information on the resources directly or indirectly related to furnishing services for which payment is made under the fee schedule established under subsection (b). Such information may be collected or obtained from any eligible professional or any other source. (ii) Use of information Notwithstanding any other provision of law, subject to clause (v), the Secretary may (as the Secretary determines appropriate) use information collected or obtained pursuant to clause (i) in the determination of relative values for services under this section. (iii) Types of information The types of information described in clauses (i) and (ii) may, at the Secretary’s discretion, include any or all of the following: (I) Time involved in furnishing services. (II) Amounts and types of practice expense inputs involved with furnishing services. (III) Prices (net of any discounts) for practice expense inputs, which may include paid invoice prices or other documentation or records. (IV) Overhead and accounting information for practices of physicians and other suppliers. (V) Any other element that would improve the valuation of services under this section. (iv) Information collection mechanisms Information may be collected or obtained pursuant to this subparagraph from any or all of the following: (I) Surveys of physicians, other suppliers, providers of services, manufacturers, and vendors. (II) Surgical logs, billing systems, or other practice or facility records. (III) Electronic health records. (IV) Any other mechanism determined appropriate by the Secretary. (v) Transparency of use of information (I) In general Subject to subclauses (II) and (III), if the Secretary uses information collected or obtained under this subparagraph in the determination of relative values under this subsection, the Secretary shall disclose the information source and discuss the use of such information in such determination of relative values through notice and comment rulemaking. (II) Thresholds for use The Secretary may establish thresholds in order to use such information, including the exclusion of information collected or obtained from eligible professionals who use very high resources (as determined by the Secretary) in furnishing a service. (III) Disclosure of information The Secretary shall make aggregate information available under this subparagraph but shall not disclose information in a form or manner that identifies an eligible professional or a group practice, or information collected or obtained pursuant to a nondisclosure agreement. (vi) Incentive to participate The Secretary may provide for such payments under this part to an eligible professional that submits such solicited information under this subparagraph as the Secretary determines appropriate in order to compensate such eligible professional for such submission. Such payments shall be provided in a form and manner specified by the Secretary. (vii) Administration Chapter 35 (viii) Definition of eligible professional In this subparagraph, the term eligible professional (ix) Funding For purposes of carrying out this subparagraph, in addition to funds otherwise appropriated, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $2,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each fiscal year beginning with fiscal year 2014. Amounts transferred under the preceding sentence for a fiscal year shall be available until expended. . (2) Limitation on review Section 1848(i)(1) of the Social Security Act ( 42 U.S.C. 1395w–4(i)(1) (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking the period at the end and inserting , and (C) by adding at the end the following new subparagraph: (F) the collection and use of information in the determination of relative values under subsection (c)(2)(M). . (b) Authority for alternative approaches To establishing practice expense relative values Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (N) Authority for alternative approaches to establishing practice expense relative values The Secretary may establish or adjust practice expense relative values under this subsection using cost, charge, or other data from suppliers or providers of services, including information collected or obtained under subparagraph (M). . (c) Revised and expanded identification of potentially misvalued codes Section 1848(c)(2)(K)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(K)(ii) (ii) Identification of potentially misvalued codes For purposes of identifying potentially misvalued codes pursuant to clause (i)(I), the Secretary shall examine codes (and families of codes as appropriate) based on any or all of the following criteria: (I) Codes that have experienced the fastest growth. (II) Codes that have experienced substantial changes in practice expenses. (III) Codes that describe new technologies or services within an appropriate time period (such as 3 years) after the relative values are initially established for such codes. (IV) Codes which are multiple codes that are frequently billed in conjunction with furnishing a single service. (V) Codes with low relative values, particularly those that are often billed multiple times for a single treatment. (VI) Codes that have not been subject to review since implementation of the fee schedule. (VII) Codes that account for the majority of spending under the physician fee schedule. (VIII) Codes for services that have experienced a substantial change in the hospital length of stay or procedure time. (IX) Codes for which there may be a change in the typical site of service since the code was last valued. (X) Codes for which there is a significant difference in payment for the same service between different sites of service. (XI) Codes for which there may be anomalies in relative values within a family of codes. (XII) Codes for services where there may be efficiencies when a service is furnished at the same time as other services. (XIII) Codes with high intra-service work per unit of time. (XIV) Codes with high practice expense relative value units. (XV) Codes with high cost supplies. (XVI) Codes as determined appropriate by the Secretary. . (d) Target for relative value adjustments for misvalued services (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (O) Target for relative value adjustments for misvalued services With respect to fee schedules established for each of 2015 through 2018, the following shall apply: (i) Determination of net reduction in expenditures For each year, the Secretary shall determine the estimated net reduction in expenditures under the fee schedule under this section with respect to the year as a result of adjustments to the relative values established under this paragraph for misvalued codes. (ii) Budget neutral redistribution of funds if target met and counting overages towards the target for the succeeding year If the estimated net reduction in expenditures determined under clause (i) for the year is equal to or greater than the target for the year— (I) reduced expenditures attributable to such adjustments shall be redistributed for the year in a budget neutral manner in accordance with subparagraph (B)(ii)(II); and (II) the amount by which such reduced expenditures exceeds the target for the year shall be treated as a reduction in expenditures described in clause (i) for the succeeding year, for purposes of determining whether the target has or has not been met under this subparagraph with respect to that year. (iii) Exemption from budget neutrality if target not met If the estimated net reduction in expenditures determined under clause (i) for the year is less than the target for the year, reduced expenditures in an amount equal to the target recapture amount shall not be taken into account in applying subparagraph (B)(ii)(II) with respect to fee schedules beginning with 2015. (iv) Target recapture amount For purposes of clause (iii), the target recapture amount is, with respect to a year, an amount equal to the difference between— (I) the target for the year; and (II) the estimated net reduction in expenditures determined under clause (i) for the year. (v) Target For purposes of this subparagraph, with respect to a year, the target is calculated as 0.5 percent of the estimated amount of expenditures under the fee schedule under this section for the year. . (2) Conforming amendment Section 1848(c)(2)(B)(v) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(v) (VIII) Reductions for misvalued services if target not met Effective for fee schedules beginning with 2015, reduced expenditures attributable to the application of the target recapture amount described in subparagraph (O)(iii). . (e) Phase-In of significant relative value unit (RVU) reductions (1) In general Section 1848(c) of the Social Security Act ( 42 U.S.C. 1395w–4(c) (7) Phase-in of significant relative value unit (RVU) reductions Effective for fee schedules established beginning with 2015, if the total relative value units for a service for a year would otherwise be decreased by an estimated amount equal to or greater than 20 percent as compared to the total relative value units for the previous year, the applicable adjustments in work, practice expense, and malpractice relative value units shall be phased-in over a 2-year period. . (2) Conforming amendments Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (A) in subparagraph (B)(ii)(I), by striking subclause (II) subclause (II) and paragraph (7) (B) in subparagraph (K)(iii)(VI)— (i) by striking provisions of subparagraph (B)(ii)(II) provisions of subparagraph (B)(ii)(II) and paragraph (7) (ii) by striking under subparagraph (B)(ii)(II) under subparagraph (B)(ii)(I) (f) Authority To smooth relative values within groups of services Section 1848(c)(2)(C) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(C) (1) in each of clauses (i) and (iii), by striking the service the service or group of services (2) in the first sentence of clause (ii), by inserting or group of services (g) GAO study and report on Relative Value Scale Update Committee (1) Study The Comptroller General of the United States (in this subsection referred to as the Comptroller General (2) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1). (h) Adjustment to Medicare payment localities (1) In general Section 1848(e) of the Social Security Act ( 42 U.S.C. 1395w–4(e) (6) Use of MSAs as fee schedule areas in California (A) In general Subject to the succeeding provisions of this paragraph and notwithstanding the previous provisions of this subsection, for services furnished on or after January 1, 2017, the fee schedule areas used for payment under this section applicable to California shall be the following: (i) Each Metropolitan Statistical Area (each in this paragraph referred to as an MSA (ii) All areas not included in an MSA shall be treated as a single rest-of-State fee schedule area. (B) Transition for MSAs previously in rest-of-State payment locality or in locality 3 (i) In general For services furnished in California during a year beginning with 2017 and ending with 2021 in an MSA in a transition area (as defined in subparagraph (D)), subject to subparagraph (C), the geographic index values to be applied under this subsection for such year shall be equal to the sum of the following: (I) Current law component The old weighting factor (described in clause (ii)) for such year multiplied by the geographic index values under this subsection for the fee schedule area that included such MSA that would have applied in such area (as estimated by the Secretary) if this paragraph did not apply. (II) MSA-based component The MSA-based weighting factor (described in clause (iii)) for such year multiplied by the geographic index values computed for the fee schedule area under subparagraph (A) for the year (determined without regard to this subparagraph). (ii) Old weighting factor The old weighting factor described in this clause— (I) for 2017, is 5/6 (II) for each succeeding year, is the old weighting factor described in this clause for the previous year minus 1/6 (iii) MSA-based weighting factor The MSA-based weighting factor described in this clause for a year is 1 minus the old weighting factor under clause (ii) for that year. (C) Hold harmless For services furnished in a transition area in California during a year beginning with 2017, the geographic index values to be applied under this subsection for such year shall not be less than the corresponding geographic index values that would have applied in such transition area (as estimated by the Secretary) if this paragraph did not apply. (D) Transition area defined In this paragraph, the term transition area (i) The rest-of-State payment locality. (ii) Payment locality 3. (E) References to fee schedule areas Effective for services furnished on or after January 1, 2017, for California, any reference in this section to a fee schedule area shall be deemed a reference to a fee schedule area established in accordance with this paragraph. . (2) Conforming amendment to definition of fee schedule area Section 1848(j)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(2) The term Except as provided in subsection (e)(6)(D), the term (i) Disclosure of data used To establish multiple procedure payment reduction policy The Secretary of Health and Human Services shall make publicly available the information used to establish the multiple procedure payment reduction policy to the professional component of imaging services in the final rule published in the Federal Register, v. 77, n. 222, November 16, 2012, pages 68891–69380 under the physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 105. Promoting evidence-based care (a) In general Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (p) Recognizing appropriate use criteria for certain imaging services (1) Program established (A) In general The Secretary shall establish a program to promote the use of appropriate use criteria (as defined in subparagraph (B)) for applicable imaging services (as defined in subparagraph (C)) furnished in an applicable setting (as defined in subparagraph (D)) by ordering professionals and furnishing professionals (as defined in subparagraphs (E) and (F), respectively). (B) Appropriate use criteria defined In this subsection, the term appropriate use criteria (C) Applicable imaging service defined In this subsection, the term applicable imaging service (i) one or more applicable appropriate use criteria specified under paragraph (2) apply; (ii) there are one or more qualified clinical decision support mechanisms listed under paragraph (3)(C); and (iii) one or more of such mechanisms is available free of charge. (D) Applicable setting defined In this subsection, the term applicable setting (E) Ordering professional defined In this subsection, the term ordering professional (F) Furnishing professional defined In this subsection, the term furnishing professional (2) Establishment of applicable appropriate use criteria (A) In general Not later than November 15, 2015, the Secretary shall through rulemaking, and in consultation with physicians, practitioners, and other stakeholders, specify applicable appropriate use criteria for applicable imaging services only from among appropriate use criteria developed or endorsed by national professional medical specialty societies or other provider-led entities. (B) Considerations In specifying applicable appropriate use criteria under subparagraph (A), the Secretary shall take into account whether the criteria— (i) have stakeholder consensus; (ii) are scientifically valid and evidence based; and (iii) are based on studies that are published and reviewable by stakeholders. (C) Revisions The Secretary shall review, on an annual basis, the specified applicable appropriate use criteria to determine if there is a need to update or revise (as appropriate) such specification of applicable appropriate use criteria and make such updates or revisions through rulemaking. (D) Treatment of multiple applicable appropriate use criteria In the case where the Secretary determines that more than one appropriate use criteria applies with respect to an applicable imaging service, the Secretary shall permit one or more applicable appropriate use criteria under this paragraph for the service. (3) Mechanisms for consultation with applicable appropriate use criteria (A) Identification of mechanisms to consult with applicable appropriate use criteria (i) In general The Secretary shall specify qualified clinical decision support mechanisms that could be used by ordering professionals to consult with applicable appropriate use criteria for applicable imaging services. (ii) Consultation The Secretary shall consult with physicians, practitioners, health care technology experts, and other stakeholders in specifying mechanisms under this paragraph. (iii) Inclusion of certain mechanisms Mechanisms specified under this paragraph may include any or all of the following that meet the requirements described in subparagraph (B)(ii): (I) Use of clinical decision support modules in certified EHR technology (as defined in section 1848(o)(4)). (II) Use of private sector clinical decision support mechanisms that are independent from certified EHR technology, which may include use of clinical decision support mechanisms available from medical specialty organizations. (III) Use of a clinical decision support mechanism established by the Secretary. (B) Qualified clinical decision support mechanisms (i) In general For purposes of this subsection, a qualified clinical decision support mechanism is a mechanism that the Secretary determines meets the requirements described in clause (ii). (ii) Requirements The requirements described in this clause are the following: (I) The mechanism makes available to the ordering professional applicable appropriate use criteria specified under paragraph (2) and the supporting documentation for the applicable imaging service ordered. (II) In the case where there are more than one applicable appropriate use criteria specified under such paragraph for an applicable imaging service, the mechanism indicates the criteria that it uses for the service. (III) The mechanism determines the extent to which an applicable imaging service ordered is consistent with the applicable appropriate use criteria so specified. (IV) The mechanism generates and provides to the ordering professional a certification or documentation that documents that the qualified clinical decision support mechanism was consulted by the ordering professional. (V) The mechanism is updated on a timely basis to reflect revisions to the specification of applicable appropriate use criteria under such paragraph. (VI) The mechanism meets privacy and security standards under applicable provisions of law. (VII) The mechanism performs such other functions as specified by the Secretary, which may include a requirement to provide aggregate feedback to the ordering professional. (C) List of mechanisms for consultation with applicable appropriate use criteria (i) Initial list Not later than April 1, 2016, the Secretary shall publish a list of mechanisms specified under this paragraph. (ii) Periodic updating of list The Secretary shall identify on an annual basis the list of qualified clinical decision support mechanisms specified under this paragraph. (4) Consultation with applicable appropriate use criteria (A) Consultation by ordering professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service ordered by an ordering professional that would be furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), an ordering professional shall— (i) consult with a qualified decision support mechanism listed under paragraph (3)(C); and (ii) provide to the furnishing professional the information described in clauses (i) through (iii) of subparagraph (B). (B) Reporting by furnishing professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), payment for such service may only be made if the claim for the service includes the following: (i) Information about which qualified clinical decision support mechanism was consulted by the ordering professional for the service. (ii) Information regarding— (I) whether the service ordered would adhere to the applicable appropriate use criteria specified under paragraph (2); (II) whether the service ordered would not adhere to such criteria; or (III) whether such criteria was not applicable to the service ordered. (iii) The national provider identifier of the ordering professional (if different from the furnishing professional). (C) Exceptions The provisions of subparagraphs (A) and (B) and paragraph (6)(A) shall not apply to the following: (i) Emergency services An applicable imaging service ordered for an individual with an emergency medical condition (as defined in section 1867(e)(1)). (ii) Inpatient services An applicable imaging service ordered for an inpatient and for which payment is made under part A. (iii) Alternative payment models An applicable imaging service ordered by an ordering professional with respect to an individual attributed to an alternative payment model (as defined in section 1833(z)(3)(C)). (iv) Significant hardship An applicable imaging service ordered by an ordering professional who the Secretary may, on a case-by-case basis, exempt from the application of such provisions if the Secretary determines, subject to annual renewal, that consultation with applicable appropriate use criteria would result in a significant hardship, such as in the case of a professional who practices in a rural area without sufficient Internet access. (D) Applicable payment system defined In this subsection, the term applicable payment system (i) The physician fee schedule established under section 1848(b). (ii) The prospective payment system for hospital outpatient department services under section 1833(t). (iii) The ambulatory surgical center payment systems under section 1833(i). (5) Identification of outlier ordering professionals (A) In general With respect to applicable imaging services furnished beginning with 2017, the Secretary shall determine, on an annual basis, no more than five percent of the total number of ordering professionals who are outlier ordering professionals. (B) Outlier ordering professionals The determination of an outlier ordering professional shall— (i) be based on low adherence to applicable appropriate use criteria specified under paragraph (2), which may be based on comparison to other ordering professionals; and (ii) include data for ordering professionals for whom prior authorization under paragraph (6)(A) applies. (C) Use of two years of data The Secretary shall use two years of data to identify outlier ordering professionals under this paragraph. (D) Process The Secretary shall establish a process for determining when an outlier ordering professional is no longer an outlier ordering professional. (E) Consultation with stakeholders The Secretary shall consult with physicians, practitioners and other stakeholders in developing methods to identify outlier ordering professionals under this paragraph. (6) Prior authorization for ordering professionals who are outliers (A) In general Beginning not later than January 1, 2020, subject to paragraph (4)(C), with respect to services furnished during a year, the Secretary shall, for a period determined appropriate by the Secretary, apply prior authorization for applicable imaging services that are ordered by an outlier ordering professional identified under paragraph (5). (B) Appropriate use criteria in prior authorization In applying prior authorization under subparagraph (A), the Secretary shall utilize only the applicable appropriate use criteria specified under this subsection. (C) Funding For purposes of carrying out this paragraph, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $5,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2019 through 2021. Amounts transferred under the preceding sentence shall remain available until expended. (7) Construction Nothing in this subsection shall be construed as granting the Secretary the authority to develop or initiate the development of clinical practice guidelines or appropriate use criteria. . (b) Conforming amendment Section 1833(t)(16) of the Social Security Act ( 42 U.S.C. 1395l(t)(16) (E) Application of appropriate use criteria for certain imaging services For provisions relating to the application of appropriate use criteria for certain imaging services, see section 1834(p). . (c) Report on experience of imaging appropriate use criteria program Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes a description of the extent to which appropriate use criteria could be used for other services under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. 106. Empowering beneficiary choices through access to information on physicians’ services (a) In general The Secretary shall make publicly available on Physician Compare the information described in subsection (b) with respect to eligible professionals. (b) Information described The following information, with respect to an eligible professional, is described in this subsection: (1) Information on the number of services furnished by the eligible professional under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. (2) Information on submitted charges and payments for services under such part. (3) A unique identifier for the eligible professional that is available to the public, such as a national provider identifier. (c) Searchability The information made available under this section shall be searchable by at least the following: (1) The specialty or type of the eligible professional. (2) Characteristics of the services furnished, such as volume or groupings of services. (3) The location of the eligible professional. (d) Disclosure The information made available under this section shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (e) Implementation (1) Initial implementation Physician Compare shall include the information described in subsection (b)— (A) with respect to physicians, by not later than July 1, 2015; and (B) with respect to other eligible professionals, by not later than July 1, 2016. (2) Annual updating The information made available under this section shall be updated on Physician Compare not less frequently than on an annual basis. (f) Opportunity To review and submit corrections The Secretary shall provide for an opportunity for an eligible professional to review, and submit corrections for, the information to be made public with respect to the eligible professional under this section prior to such information being made public. (g) Definitions In this section: (1) Eligible professional; physician; secretary The terms eligible professional physician Secretary Public Law 111–148 (2) Physician Compare The term Physician Compare 107. Expanding availability of Medicare data (a) Expanding uses of Medicare data by qualified entities (1) Additional analyses (A) In general Subject to subparagraph (B), to the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may use the combined data described in paragraph (4)(B)(iii) of such section received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), to conduct additional non-public analyses (as determined appropriate by the Secretary) and provide or sell such analyses to authorized users for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (B) Limitations with respect to analyses (i) Employers Any analyses provided or sold under subparagraph (A) to an employer described in paragraph (9)(A)(iii) may only be used by such employer for purposes of providing health insurance to employees and retirees of the employer. (ii) Health insurance issuers A qualified entity may not provide or sell an analysis to a health insurance issuer described in paragraph (9)(A)(iv) unless the issuer is providing the qualified entity with data under section 1874(e)(4)(B)(iii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(B)(iii)). (2) Access to certain data (A) Access To the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (i) provide or sell the combined data described in paragraph (4)(B)(iii) of such section to authorized users described in clauses (i), (ii), and (v) of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B); or (ii) subject to subparagraph (C), provide Medicare claims data to authorized users described in clauses (i), (ii), and (v), of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B). (B) Purposes described The purposes described in this subparagraph are assisting providers of services and suppliers in developing and participating in quality and patient care improvement activities, including developing new models of care. (C) Medicare claims data must be provided at no cost A qualified entity may not charge a fee for providing the data under subparagraph (A)(ii). (3) Protection of information (A) In general Except as provided in subparagraph (B), an analysis or data that is provided or sold under paragraph (1) or (2) shall not contain information that individually identifies a patient. (B) Information on patients of the provider of services or supplier To the extent consistent with applicable information, privacy, security, and disclosure laws, an analysis or data that is provided or sold to a provider of services or supplier under paragraph (1) or (2) may contain information that individually identifies a patient of such provider or supplier, including with respect to items and services furnished to the patient by other providers of services or suppliers. (C) Prohibition on using analyses or data for marketing purposes An authorized user shall not use an analysis or data provided or sold under paragraph (1) or (2) for marketing purposes. (4) Data use agreement A qualified entity and an authorized user described in clauses (i), (ii), and (v) of paragraph (9)(A) shall enter into an agreement regarding the use of any data that the qualified entity is providing or selling to the authorized user under paragraph (2). Such agreement shall describe the requirements for privacy and security of the data and, as determined appropriate by the Secretary, any prohibitions on using such data to link to other individually identifiable sources of information. If the authorized user is not a covered entity under the rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, the agreement shall identify the relevant regulations, as determined by the Secretary, that the user shall comply with as if it were acting in the capacity of such a covered entity. (5) No redisclosure of analyses or data (A) In general Except as provided in subparagraph (B), an authorized user that is provided or sold an analysis or data under paragraph (1) or (2) shall not redisclose or make public such analysis or data or any analysis using such data. (B) Permitted redisclosure A provider of services or supplier that is provided or sold an analysis or data under paragraph (1) or (2) may, as determined by the Secretary, redisclose such analysis or data for the purposes of performance improvement and care coordination activities but shall not make public such analysis or data or any analysis using such data. (6) Opportunity for providers of services and suppliers to review Prior to a qualified entity providing or selling an analysis to an authorized user under paragraph (1), to the extent that such analysis would individually identify a provider of services or supplier who is not being provided or sold such analysis, such qualified entity shall provide such provider or supplier with the opportunity to appeal and correct errors in the manner described in section 1874(e)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)). (7) Assessment for a breach (A) In general In the case of a breach of a data use agreement under this section or section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (i) an agreement between the Secretary and a qualified entity; and (ii) an agreement between a qualified entity and an authorized user. (B) Assessment The assessment under subparagraph (A) shall be an amount up to $100 for each individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title— (i) in the case of an agreement described in subparagraph (A)(i), for whom the Secretary provided data on to the qualified entity under paragraph (2); and (ii) in the case of an agreement described in subparagraph (A)(ii), for whom the qualified entity provided data on to the authorized user under paragraph (2). (C) Deposit of amounts collected Any amounts collected pursuant to this paragraph shall be deposited in Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act ( 42 U.S.C. 1395t (8) Annual reports Any qualified entity that provides or sells an analysis or data under paragraph (1) or (2) shall annually submit to the Secretary a report that includes— (A) a summary of the analyses provided or sold, including the number of such analyses, the number of purchasers of such analyses, and the total amount of fees received for such analyses; (B) a description of the topics and purposes of such analyses; (C) information on the entities who received the data under paragraph (2), the uses of the data, and the total amount of fees received for providing, selling, or sharing the data; and (D) other information determined appropriate by the Secretary. (9) Definitions In this subsection and subsection (b): (A) Authorized user The term authorized user (i) A provider of services. (ii) A supplier. (iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). (iv) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). (v) A medical society or hospital association. (vi) Any entity not described in clauses (i) through (v) that is approved by the Secretary (other than an employer or health insurance issuer not described in clauses (iii) and (iv), respectively, as determined by the Secretary). (B) Provider of services The term provider of services (C) Qualified entity The term qualified entity (D) Secretary The term Secretary (E) Supplier The term supplier (b) Access to Medicare data by qualified clinical data registries To facilitate quality improvement (1) Access (A) In general To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning July 1, 2015, the Secretary shall, at the request of a qualified clinical data registry under section 1848(m)(3)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E) (B) Data described The data described in this subparagraph is— (i) claims data under the Medicare program under title XVIII of the Social Security Act; and (ii) if the Secretary determines appropriate, claims data under the Medicaid program under title XIX of such Act and the State Children's Health Insurance Program under title XXI of such Act. (2) Fee Data described in paragraph (1)(B) shall be provided to a qualified clinical data registry under paragraph (1) at a fee equal to the cost of providing such data. Any fee collected pursuant to the preceding sentence shall be deposited in the Centers for Medicare & Medicaid Services Program Management Account. (c) Expansion of data available to qualified entities Section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (1) in the subsection heading, by striking Medicare (2) in paragraph (3)— (A) by inserting after the first sentence the following new sentence: Beginning July 1, 2015, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under titles XIX and XXI for assistance provided under such titles for one or more specified geographic areas and time periods requested by a qualified entity. (B) in the last sentence, by inserting or under titles XIX or XXI (d) Revision of placement of fees Section 1874(e)(4)(A) of the Social Security Act ( 42 U.S.C. 1395kk(e)(4)(A) (1) by inserting , for periods prior to July 1, 2015, deposited (2) by inserting the following before the period at the end: , and, beginning July 1, 2015, into the Centers for Medicare & Medicaid Services Program Management Account 108. Reducing administrative burden and other provisions (a) Medicare physician and practitioner opt-Out to private contract (1) Indefinite, continuing automatic extension of opt out election (A) In general Section 1802(b)(3) of the Social Security Act ( 42 U.S.C. 1395a(b)(3) (i) in subparagraph (B)(ii), by striking during the 2-year period beginning on the date the affidavit is signed during the applicable 2-year period (as defined in subparagraph (D)) (ii) in subparagraph (C), by striking during the 2-year period described in subparagraph (B)(ii) during the applicable 2-year period (iii) by adding at the end the following new subparagraph: (D) Applicable 2-year periods for effectiveness of affidavits In this subsection, the term applicable 2-year period . (B) Effective date The amendments made by subparagraph (A) shall apply to affidavits entered into on or after the date that is 60 days after the date of the enactment of this Act. (2) Public availability of information on opt-out physicians and practitioners Section 1802(b) of the Social Security Act ( 42 U.S.C. 1395a(b) (A) in paragraph (5), by adding at the end the following new subparagraph: (D) Opt-out physician or practitioner The term opt-out physician or practitioner ; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: (5) Posting of information on opt-out physicians and practitioners (A) In general Beginning not later than February 1, 2015, the Secretary shall make publicly available through an appropriate publicly accessible website of the Department of Health and Human Services information on the number and characteristics of opt-out physicians and practitioners and shall update such information on such website not less often than annually. (B) Information to be included The information to be made available under subparagraph (A) shall include at least the following with respect to opt-out physicians and practitioners: (i) Their number. (ii) Their physician or professional specialty or other designation. (iii) Their geographic distribution. (iv) The timing of their becoming opt-out physicians and practitioners, relative to when they first entered practice and with respect to applicable 2-year periods. (v) The proportion of such physicians and practitioners who billed for emergency or urgent care services. . (b) Gainsharing study and report Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall submit to Congress a report with legislative recommendations to amend existing fraud and abuse laws, through exceptions, safe harbors, or other narrowly targeted provisions, to permit gainsharing or similar arrangements between physicians and hospitals that improve care while reducing waste and increasing efficiency. The report shall— (1) consider whether such provisions should apply to ownership interests, compensation arrangements, or other relationships; (2) describe how the recommendations address accountability, transparency, and quality, including how best to limit inducements to stint on care, discharge patients prematurely, or otherwise reduce or limit medically necessary care; and (3) consider whether a portion of any savings generated by such arrangements should accrue to the Medicare program under title XVIII of the Social Security Act. (c) Promoting interoperability of electronic health record systems (1) Recommendations for achieving widespread EHR interoperability (A) Objective As a consequence of a significant Federal investment in the implementation of health information technology through the Medicare and Medicaid EHR incentive programs, Congress declares it a national objective to achieve widespread exchange of health information through interoperable certified EHR technology nationwide by December 31, 2017. (B) Definitions In this paragraph: (i) Widespread interoperability The term widespread interoperability (ii) Interoperability The term interoperability (C) Establishment of metrics Not later than July 1, 2015, and in consultation with stakeholders, the Secretary shall establish metrics to be used to determine if and to the extent that the objective described in subparagraph (A) has been achieved. (D) Recommendations if objective not achieved If the Secretary of Health and Human Services determines that the objective described in subparagraph (A) has not been achieved by December 31, 2017, then the Secretary shall submit to Congress a report, by not later than December 31, 2018, that identifies barriers to such objective and recommends actions that the Federal Government can take to achieve such objective. Such recommended actions may include recommendations— (i) to adjust payments for not being meaningful EHR users under the Medicare EHR incentive programs; and (ii) for criteria for decertifying certified EHR technology products. (2) Preventing blocking the sharing of information (A) For meaningful EHR professionals Section 1848(o)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(ii) , and the professional demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the professional has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology (B) For meaningful EHR hospitals Section 1886(n)(3)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395ww(n)(3)(A)(ii) , and the hospital demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the hospital has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology (C) Effective date The amendments made by this subsection shall apply to meaningful EHR users as of the date that is one year after the date of the enactment of this Act. (3) Study and report on the feasibility of establishing a website to compare certified EHR technology products (A) Study The Secretary shall conduct a study to examine the feasibility of establishing mechanisms that includes aggregated results of surveys of meaningful EHR users on the functionality of certified EHR technology products to enable such users to directly compare the functionality and other features of such products. Such information may be made available through contracts with physician, hospital, or other organizations that maintain such comparative information. (B) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the website. The report shall include information on the benefits of, and resources needed to develop and maintain, such a website. (4) Definitions In this subsection: (A) The term certified EHR technology (B) The term meaningful EHR user (C) The term Medicare and Medicaid EHR incentive programs (i) in the case of the Medicare program under title XVIII of the Social Security Act, the incentive programs under section 1814(l)(3), section 1848(o), subsections (l) and (m) of section 1853, and section 1886(n) of the Social Security Act (42 U.S.C. 1395f(l)(3), 1395w–4(o), 1395w–23, 1395ww(n)); and (ii) in the case of the Medicaid program under title XIX of such Act, the incentive program under subsections (a)(3)(F) and (t) of section 1903 of such Act (42 U.S.C. 1396b). (D) The term Secretary (d) GAO studies and reports on the use of telehealth under Federal programs and on remote patient monitoring services (1) Study on telehealth services The Comptroller General of the United States shall conduct a study on the following: (A) How the definition of telehealth across various Federal programs and Federal efforts can inform the use of telehealth in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (B) Issues that can facilitate or inhibit the use of telehealth under the Medicare program under such title, including oversight and professional licensure, changing technology, privacy and security, infrastructure requirements, and varying needs across urban and rural areas. (C) Potential implications of greater use of telehealth with respect to payment and delivery system transformations under the Medicare program under such title XVIII and the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. (D) How the Centers for Medicare & Medicaid Services conducts oversight of payments made under the Medicare program under such title XVIII to providers for telehealth services. (2) Study on remote patient monitoring services (A) In general The Comptroller General of the United States shall conduct a study— (i) of the dissemination of remote patient monitoring technology in the private health insurance market; (ii) of the financial incentives in the private health insurance market relating to adoption of such technology; (iii) of the barriers to adoption of such services under the Medicare program under title XVIII of the Social Security Act; (iv) that evaluates the patients, conditions, and clinical circumstances that could most benefit from remote patient monitoring services; and (v) that evaluates the challenges related to establishing appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (B) Definitions For purposes of this paragraph: (i) Remote patient monitoring services The term remote patient monitoring services (ii) Remote patient monitoring technology The term remote patient monitoring technology (3) Reports Not later than 24 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress— (A) a report containing the results of the study conducted under paragraph (1); and (B) a report containing the results of the study conducted under paragraph (2). A report required under this paragraph shall be submitted together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. The Comptroller General may submit one report containing the results described in subparagraphs (A) and (B) and the recommendations described in the previous sentence. (e) Rule of construction regarding healthcare provider standards of care (1) Maintenance of state standards The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed— (A) to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim; or (B) to preempt any standard of care or duty of care, owed by a health care provider to a patient, duly established under State or common law. (2) Definitions For purposes of this subsection: (A) Federal health care provision The term Federal health care provision Public Law 111–148 Public Law 111–152 (B) Health care provider The term health care provider (i) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (ii) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (C) Medical malpractice or medical product liability action or claim The term medical malpractice or medical product liability action or claim 42 U.S.C. 11151(7) (D) State The term State (3) Preservation of State law No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152 II Extensions A Medicare Extensions 201. Work geographic adjustment Section 1848(e)(1)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(e)(1)(E) and before April 1, 2014, 202. Medicare payment for therapy services (a) Repeal of therapy cap and 1-year extension of threshold for manual medical review Section 1833(g) of the Social Security Act ( 42 U.S.C. 1395l(g) (1) in paragraph (4)— (A) by striking This subsection Except as provided in paragraph (5)(C)(iii), this subsection (B) by inserting the following before the period at the end: or with respect to services furnished on or after the date of enactment of the Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (2) in paragraph (5)(C), by adding at the end the following new clause: (iii) Beginning on the date of enactment of the Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 . (b) Medical review of outpatient therapy services (1) Medical review of outpatient therapy services Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (aa) Medical review of outpatient therapy services (1) In general (A) Process for medical review The Secretary shall implement a process for the medical review (as described in paragraph (2)) of outpatient therapy services (as defined in paragraph (10)) and, subject to paragraph (12), apply such process to such services furnished on or after the date that is 12 months after the date of enactment of the Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (B) Identification of services for review Under the process, the Secretary shall identify services for medical review, using such factors as the Secretary determines appropriate, which may include the following: (i) Services furnished by a therapy provider (as defined in paragraph (10)) whose pattern of billing is aberrant compared to peers. (ii) Services furnished by a therapy provider who, in a prior period, has a high claims denial percentage or is less compliant with other applicable requirements under this title. (iii) Services furnished by a therapy provider that is newly enrolled under this title. (iv) Services furnished by a therapy provider who has questionable billing practices, such as billing medically unlikely units of services in a day. (v) Services furnished to treat a type of medical condition. (vi) Services identified by use of the standardized data elements required to be reported under section 1834(p). (vii) Services furnished by a single therapy provider or a group that includes a therapy provider identified by factors described in this subparagraph. (viii) Other services as determined appropriate by the Secretary. (2) Medical review (A) Prior authorization medical review (i) In general Subject to the succeeding provisions of this subparagraph, the Secretary shall use prior authorization medical review for outpatient therapy services furnished to an individual above one or more thresholds established by the Secretary, such as a dollar threshold or a threshold based on other factors. (ii) Ending application of prior authorization for a therapy provider The Secretary shall end the application of prior authorization medical review to outpatient therapy services furnished by a therapy provider if the Secretary determines that the provider has a low denial rate under such prior authorization. The Secretary may subsequently reapply prior authorization medical review to such therapy provider if the Secretary determines it to be appropriate. (iii) Prior authorization of multiple services The Secretary shall, where practicable, provide for prior authorization medical review for multiple services at a single time, such as services in a therapy plan of care described in section 1861(p)(2). (B) Other types of medical review The Secretary may use pre-payment review or post-payment review for services identified under paragraph (1)(B) that are not subject to prior authorization medical review under subparagraph (A). (C) Limitation for law enforcement activities The Secretary may determine that medical review under this subsection does not apply in the case where potential fraud may be involved. (3) Review contractors The Secretary shall conduct prior authorization medical review of outpatient therapy services under this subsection using medicare administrative contractors (as described in section 1874A) or other review contractors (other than contractors under section 1893(h) or contractors paid on a contingent basis). (4) No payment without prior authorization With respect to an outpatient therapy service for which prior authorization medical review under this subsection applies, the following shall apply: (A) Prior authorization determination The Secretary shall make a determination, prior to the service being furnished, of whether the service would or would not meet the applicable requirements of section 1862(a)(1)(A). (B) Denial of payment Subject to paragraph (6), no payment shall be made under this part for the service unless the Secretary determines pursuant to subparagraph (A) that the service would meet the applicable requirements of such section. (5) Submission of information A therapy provider may submit the information necessary for medical review by fax, by mail, or by electronic means. The Secretary shall make available the electronic means described in the preceding sentence as soon as practicable, but not later than 24 months after the date of enactment of this subsection. (6) Timeliness If the Secretary does not make a prior authorization determination under paragraph (4)(A) within 10 business days of the date of the Secretary’s receipt of medical documentation needed to make such determination, paragraph (4)(B) shall not apply. (7) Construction With respect to an outpatient therapy service that has been affirmed by medical review under this subsection, nothing in this subsection shall be construed to preclude the subsequent denial of a claim for such service that does not meet other applicable requirements under this Act. (8) Beneficiary protections With respect to services furnished on or after January 1, 2015, where payment may not be made as a result of application of medical review under this subsection, section 1879 shall apply in the same manner as such section applies to a denial that is made by reason of section 1862(a)(1). (9) Implementation (A) Authority The Secretary may implement the provisions of this subsection by interim final rule with comment period. (B) Administration Chapter 35 (C) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the identification of services for medical review or the process for medical review under this subsection. (10) Definitions For purposes of this subsection: (A) Outpatient therapy services The term outpatient therapy services (i) Physical therapy services of the type described in section 1861(p). (ii) Speech-language pathology services of the type described in such section though the application of section 1861(ll)(2). (iii) Occupational therapy services of the type described in section 1861(p) through the operation of section 1861(g). (B) Therapy provider The term therapy provider (11) Funding For purposes of implementing this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $35,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each fiscal year (beginning with fiscal year 2014). Amounts transferred under this paragraph shall remain available until expended. (12) Scaling back (A) Periodic determinations Beginning with 2017, and every two years thereafter, the Secretary shall— (i) make a determination of the improper payment rate for outpatient therapy services for a 12-month period; and (ii) make such determination publicly available. (B) Scaling back If the improper payment rate for outpatient therapy services determined for a 12-month period under subparagraph (A) is 50 percent or less of the Medicare fee-for-service improper payment rate for such period, the Secretary shall— (i) reduce the amount and extent of medical review conducted for a prospective year under the process established in this subsection; and (ii) return an appropriate portion of the funding provided for such year under paragraph (11). . (2) GAO study and report (A) Study The Comptroller General of the United States shall conduct a study on the effectiveness of medical review of outpatient therapy services under section 1833(aa) of the Social Security Act, as added by paragraph (1). Such study shall include an analysis of— (i) aggregate data on— (I) the number of individuals, therapy providers, and claims subject to such review; and (II) the number of reviews conducted under such section; and (ii) the outcomes of such reviews. (B) Report Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study under subparagraph (A), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) Collection of standardized data elements for outpatient therapy services (1) Collection of standardized data elements for outpatient therapy services Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (p) Collection of standardized data elements for outpatient therapy services (1) Standardized data elements (A) In general Not later than 6 months after the date of enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of standardized data elements for individuals receiving outpatient therapy services. (B) Domains Such standardized data elements shall include information with respect to the following domains, as determined appropriate by the Secretary: (i) Demographic information. (ii) Diagnosis. (iii) Severity. (iv) Affected body structures and functions. (v) Limitations with activities of daily living and participation. (vi) Functional status. (vii) Other domains determined to be appropriate by the Secretary. (C) Solicitation of input The Secretary shall accept comments from stakeholders through the date that is 60 days after the date the Secretary posts the draft list of standardized data elements pursuant to subparagraph (A). In seeking such comments, the Secretary shall use one or more mechanisms to solicit input from stakeholders that may include use of open door forums, town hall meetings, requests for information, or other mechanisms determined appropriate by the Secretary. (D) Operational list of standardized data elements Not later than 120 days after the end of the comment period described in subparagraph (C), the Secretary, taking into account such comments, shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of standardized data elements. (E) Subsequent revisions Subsequent revisions to the operational list of standardized data elements shall be made through rulemaking. Such revisions may be based on experience and input from stakeholders. (2) System to report standardized data elements (A) In general Not later than 18 months after the date the Secretary posts the operational list of standardized data elements pursuant to paragraph (1)(D), the Secretary shall develop and implement an electronic system (which may be a web portal) for therapy providers to report the standardized data elements for individuals with respect to outpatient therapy services. (B) Consultation The Secretary shall seek comments from stakeholders regarding the best way to report the standardized data elements. (3) Reporting (A) Frequency of reporting The Secretary shall specify the frequency of reporting standardized data elements. The Secretary shall seek comments from stakeholders regarding the frequency of the reporting of such data elements. (B) Reporting requirement Beginning on the date the system to report standardized data elements under this subsection is operational, no payment shall be made under this part for outpatient therapy services furnished to an individual unless a therapy provider reports the standardized data elements for such individual. (4) Report on new payment system for outpatient therapy services (A) In general Not later than 24 months after the date described in paragraph (3)(B), the Secretary shall submit to Congress a report on the design of a new payment system for outpatient therapy services. The report shall include an analysis of the standardized data elements collected and other appropriate data and information. (B) Features Such report shall consider— (i) appropriate adjustments to payment (such as case mix and outliers); (ii) payments on an episode of care basis; and (iii) reduced payment for multiple episodes. (C) Consultation The Secretary shall consult with stakeholders regarding the design of such a new payment system. (5) Implementation (A) Funding For purposes of implementing this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $7,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2014 through 2018. Amounts transferred under this subparagraph shall remain available until expended. (B) Administration Chapter 35 (C) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the specification of standardized data elements required under this subsection or the system to report such standardized data elements. (D) Definition of outpatient therapy services and therapy provider In this subsection, the terms outpatient therapy services therapy provider . (2) Sunset of current claims-based collection of therapy data Section 3005(g)(1) of the Middle Class Tax Extension and Job Creation Act of 2012 (42 U.S.C. 1395l note) is amended, in the first sentence, by inserting and ending on the date the system to report standardized data elements under section 1834(p) of the Social Security Act ( 42 U.S.C. 1395m(p) January 1, 2013, (d) Reporting of certain information Section 1842(t) of the Social Security Act ( 42 U.S.C. 1395u(t) (3) Each request for payment, or bill submitted, by a therapy provider (as defined in section 1833(aa)(10)) for an outpatient therapy service (as defined in such section) furnished by a therapy assistant on or after January 1, 2015, shall include (in a form and manner specified by the Secretary) an indication that the service was furnished by a therapy assistant. . 203. Medicare ambulance services (a) Extension of certain ambulance add-on payments (1) Ground Ambulance Section 1834(l)(13)(A) of the Social Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended by striking April 1, 2014 January 1, 2019 (2) Super Rural Ambulance Section 1834(l)(12)(A) of the Social Security Act ( 42 U.S.C. 1395m(l)(12)(A) April 1, 2014 January 1, 2019 (b) Requiring ambulance providers To submit cost and other information Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) (16) Submission of cost and other information (A) Development of data collection system The Secretary shall develop a data collection system (which may include use of a cost survey and standardized definitions) for providers and suppliers of ambulance services to collect cost, revenue, utilization, and other information determined appropriate by the Secretary. Such system shall be designed to submit information— (i) needed to evaluate the appropriateness of payment rates under this subsection; (ii) on the utilization of capital equipment and ambulance capacity; and (iii) on different types of ambulance services furnished in different geographic locations, including rural areas and low population density areas described in paragraph (12). (B) Specification of data collection system (i) In general Not later than July 1, 2015, the Secretary shall— (I) specify the data collection system under subparagraph (A) and the time period during which such data is required to be submitted; and (II) identify the providers and suppliers of ambulance services who would be required to submit the information under such data collection system. (ii) Respondents Subject to subparagraph (D)(ii), the Secretary shall determine an appropriate sample of providers and suppliers of ambulance services to submit information under the data collection system for each period for which reporting of data is required. (C) Penalty for failure to report cost and other information Beginning on July 1, 2016, a 5 percent reduction to payments under this part shall be made for a 1-year prospective period specified by the Secretary to a provider or supplier of ambulance services who— (i) is identified under subparagraph (B)(i)(II) as being required to submit the information under the data collection system; and (ii) does not submit such information during the period specified under subparagraph (B)(i)(I). (D) Ongoing data collection (i) Revision of data collection system The Secretary may, as determined appropriate, periodically revise the data collection system. (ii) Subsequent data collection In order to continue to evaluate the appropriateness of payment rates under this subsection, the Secretary shall, for years after 2016 (but not less often than once every 3 years), require providers and suppliers of ambulance services to submit information for a period the Secretary determines appropriate. The penalty described in subparagraph (C) shall apply to such subsequent data collection periods. (E) Consultation The Secretary shall consult with stakeholders in carrying out the development of the system and collection of information under this paragraph, including the activities described in subparagraphs (A) and (D). Such consultation shall include the use of requests for information and other mechanisms determined appropriate by the Secretary. (F) Administration Chapter 35 (G) Limitations on review There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the data collection system or identification of respondents under this paragraph. (H) Funding for implementation For purposes of carrying out subparagraph (A), the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $1,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2014. Amounts transferred under this subparagraph shall remain available until expended. . 204. Revision of the Medicare-dependent hospital (MDH) program (a) Permanent extension of payment methodology (1) In general Section 1886(d)(5)(G) of the Social Security Act (A) in clause (i), by striking and before April 1, 2014, (B) in clause (ii)(II), by striking and before April 1, 2014, (2) Conforming amendments (A) Target amount Section 1886(b)(3)(D) of the Social Security Act (i) in the matter preceding clause (i), by striking and before April 1, 2014, (ii) in clause (iv), by striking through fiscal year 2013 and the portion of fiscal year 2014 before April 1, 2014 or a subsequent fiscal year (B) Hospital value-based purchasing program Section 1886(o)(7)(D)(ii)(I) of the Social Security Act (with respect to discharges occurring during fiscal year 2012 and 2013) (C) Hospital readmission reduction program Section 1886(q)(2)(B)(i) of the Social Security Act (with respect to discharges occurring during fiscal years 2012 and 2013) (D) Permitting hospitals to decline reclassification Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 42 U.S.C. 1395ww fiscal year 1998, fiscal year 1999, or fiscal year 2000 through the first 2 quarters of fiscal year 2014 or fiscal year 1998 or a subsequent fiscal year (b) GAO study and report on Medicare-dependent hospitals (1) Study The Comptroller General of the United States shall conduct a study on the following: (A) The payor mix of medicare-dependent, small rural hospitals (as defined in section 1886(d)(5)(G)(iv)), how such mix will trend in future years, and whether or not the requirement under subclause (IV) of such section should be revised. (B) The characteristics of medicare-dependent, small rural hospitals that meet the requirement of such subclause (IV) through the application of paragraph (a)(iii)(A) or (a)(iii)(B) of section 412.108 of the Code of Federal Regulations, including Medicare inpatient and outpatient utilization, payor mix, and financial status, including Medicare and total margins, and whether or not Medicare payments for such hospitals should be revised. (C) Such other items related to medicare-dependent, small rural hospitals as the Comptroller General determines appropriate. (2) Report Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) Implementation Notwithstanding any other provision of law, for purposes of fiscal year 2014, the Secretary of Health and Human Services may implement the provisions of, and the amendments made by, this section through program instruction or otherwise. 205. Revision of Medicare inpatient hospital payment adjustment for low-volume hospitals (a) In general Section 1886(d)(12) of the Social Security Act ( 42 U.S.C. 1395ww(d)(12) (1) in subparagraph (B)— (A) in the subparagraph heading, by inserting for fiscal years 2005 through 2010 increase (B) in the matter preceding clause (i), by striking and for discharges occurring in the portion of fiscal year 2014 beginning on April 1, 2014, fiscal year 2015, and subsequent years (2) in subparagraph (C)(i)— (A) by striking fiscal years 2011, 2012, and 2013, and the portion of fiscal year 2014 before fiscal year 2011 and subsequent fiscal years, (B) by striking or portion of fiscal year during the fiscal year (3) in subparagraph (D)— (A) in the heading, by striking Temporary applicable percentage increase Applicable percentage increase for fiscal year 2011 and subsequent fiscal years (B) by striking fiscal years 2011, 2012, and 2013, and the portion of fiscal year 2014 before April 1, 2014 fiscal year 2011 or a subsequent fiscal year (C) by striking or the portion of fiscal year in the fiscal year (b) Implementation Notwithstanding any other provision of law, for purposes of fiscal year 2014, the Secretary of Health and Human Services may implement the provisions of, and the amendments made by, this section through program instruction or otherwise. 206. Specialized Medicare Advantage plans for special needs individuals (a) Extension Section 1859(f)(1) of the Social Security Act ( 42 U.S.C. 1395w–28(f)(1) (1) by striking enrollment enrollment (A) In general Subject to subparagraphs (B) and (C), in the case ; (2) in subparagraph (A), as added by paragraph (1), by striking and for periods before January 1, 2016 (3) by adding at the end the following new subparagraphs: (B) Application to dual SNPs Subparagraph (A) shall only apply to a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) for periods before January 1, 2021. (C) Application to severe or disabling chronic condition SNPs Subparagraph (A) shall only apply to a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(iii) for periods before January 1, 2018. . (b) Increased integration of dual SNPs (1) In general Section 1859(f) of the Social Security Act ( 42 U.S.C. 1395w–28(f) (A) in paragraph (3), by adding at the end the following new subparagraph: (F) The plan meets the requirements applicable under paragraph (8). ; and (B) by adding at the end the following new paragraph: (8) Increased integration of dual SNPs (A) Designated contact The Secretary, acting through the Federal Coordinated Health Care Office (Medicare-Medicaid Coordination Office) established under section 2602 of the Patient Protection and Affordable Care Act (in this paragraph referred to as the MMCO (i) establish a uniform process for disseminating to State Medicaid agencies information under this title impacting contracts between such agencies and such plans under this subsection; and (ii) establish basic resources for States interested in exploring such plans as a platform for integration. (B) Unified grievances and appeals process (i) In general Not later than April 1, 2015, the Secretary shall establish procedures unifying the grievances and appeals procedures under sections 1852(f), 1852(g), 1902(a)(3), and 1902(a)(5) for items and services provided by specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) under this title and title XIX. The Secretary shall solicit comment in developing such procedures from States, plans, beneficiaries and their representatives, and other relevant stakeholders. (ii) Procedures The procedures established under clause (i) shall— (I) adopt the provisions for the enrollee under current law that are most protective for the enrollee and are compatible with unified timeframes and consolidated access to external review under an integrated process; (II) take into account differences in State plans under title XIX; (III) be easily navigable by an enrollee; and (IV) include the elements described in clause (iii), as applicable, to both unified appeals and unified grievance procedures. (iii) Elements described The following elements are described in this clause: (I) Single notification of all applicable grievances and appeal rights under this title and title XIX. (II) Single pathways for resolution of any grievance or appeal related to a particular item or service provided by specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) under this title and title XIX. (III) Notices written in plain language and available in a language and format that is accessible to the enrollee. (IV) Unified timeframes for grievances and appeals processes, such as an individual’s filing of a grievance or appeal, a plan’s acknowledgment and resolution of a grievance or appeal, and notification of decisions with respect to a grievance or appeal. (V) Guidelines for how the plan must process, track, and resolve grievances and appeals, to ensure beneficiaries are notified on a timely basis of decisions that are made throughout the grievance or appeals process and are able to easily determine the status of a grievance or appeal. (iv) Incorporation of beneficiary protections and implementing regulations The unified procedures under clause (i) shall incorporate beneficiary protections under current law and implementing regulations that provide continuation of benefits pending appeal under title XIX. (C) Requirement for unified grievances and appeals (i) In general For 2017 and subsequent years, the contract of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) with a State Medicaid agency under this subsection shall require the use of unified grievances and appeals procedures as described in subparagraph (B). (ii) Consideration of application for other SNPs The Secretary shall consider applying the unified grievances and appeals process described in subparagraph (B) to specialized MA plans for special needs individuals described in subsection (b)(6)(B)(i) and subsection (b)(6)(B)(iii) that have a substantial portion of enrollees who are dually eligible for benefits under this title and title XIX and are at risk for full benefits under title XIX. (D) Requirement for full integration for certain dual SNPs (i) Requirement Subject to the succeeding provisions of this subparagraph, for 2018 and subsequent years, a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) shall— (I) integrate all benefits under this title and title XIX; and (II) meet the requirements of a fully integrated plan described in section 1853(a)(1)(B)(iv)(II) (other than the requirement that the plan have similar average levels of frailty, as determined by the Secretary, as the PACE program), including with respect to long-term care services or behavioral health services to the extent State law permits capitation of those services under such plan. (ii) Initial sanctions for failure to meet requirement for 2018 or 2019 For each of 2018 and 2019, if the Secretary determines that a plan has failed to meet the requirement described in clause (i), the Secretary shall impose one of the following on the plan: (I) A reduction in payment to the plan under this part in an amount at least equal to the portion of the monthly rebate computed under section 1854(b)(1)(C)(i) for the plan and year. (II) Closing enrollment in the plan. (III) Sanctioning the plan in accordance with section 1857(g). (IV) Other reasonable action (other than the sanction described in clause (iii)) the Secretary determines appropriate. (iii) Sanctions for failure to meet requirement for 2020 and subsequent years For 2020 and subsequent years, if the Secretary determines that a plan has failed to meet the requirement described in clause (i), the plan shall be deemed to no longer meet the definition of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii). . (2) Conforming amendment to responsibilities of Federal Coordinated Health Care Office (MMCO) Section 2602(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1315b(d) (6) To act as a designated contact for States under subsection (f)(8)(A) of section 1859 of the Social Security Act ( 42 U.S.C. 1395w–28 (7) To be responsible for developing regulations and guidance related to the implementation of a unified grievance and appeals process as described in subparagraphs (B) and (C) of section 1859(f)(8) of the Social Security Act (42 U.S.C. 1395w–28(f)(8)). . (c) Improvements to severe or disabling chronic condition SNPs Section 1859(f)(5) of the Social Security Act ( 42 U.S.C. 1395w–28(f)(5) (1) by striking all SNPs all SNPs (A) In general Subject to subparagraph (B), the requirements ; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (3) in clause (ii), as redesignated by paragraph (2), by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; and (4) by adding at the end the following new subparagraph: (B) Improvements to care management requirements for severe or disabling chronic condition SNPs For 2016 and subsequent years, in the case of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(iii), the requirements described in this paragraph include the following: (i) The interdisciplinary team under subparagraph (A)(ii)(III) includes a team of providers with demonstrated expertise, including training in an applicable specialty, in treating individuals similar to the targeted population of the plan. (ii) Requirements developed by the Secretary to provide face-to-face encounters with individuals enrolled in the plan not less frequently than on an annual basis. (iii) As part of the model of care under clause (i) of subparagraph (A), the results of the initial assessment and annual reassessment under clause (ii)(I) of such subparagraph of each individual enrolled in the plan are addressed in the individual’s individualized care plan under clause (ii)(II) of such subparagraph. (iv) As part of the annual evaluation and approval of such model of care, the Secretary shall take into account whether the plan fulfilled the previous year’s goals (as required under the model of care). (v) The Secretary shall establish a minimum benchmark for each element of the model of care of a plan. The Secretary shall only approve a plan's model of care under this paragraph if each element of the model of care meets the minimum benchmark applicable under the preceding sentence. . (d) GAO Study on Quality Improvement (1) Study The Comptroller General of the United States shall conduct a study on how the Secretary of Health and Human Services could change the quality measurement system under the Medicare Advantage program under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. (2) Report Not later than July 1, 2016, the Comptroller General shall submit to Congress a report containing the results of the study under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (e) Changes to quality ratings and measurement of SNPs and determination of feasability of quality measurement at the plan level Section 1853(o) of the Social Security Act ( 42 U.S.C. 1395w–23(o) (6) Changes to quality ratings of SNPs (A) Emphasis on improvement across SNPs Subject to subparagraph (B), beginning in plan year 2016, in the case of a specialized MA plan for special needs individuals, the Secretary shall increase the emphasis on the plan’s improvement or decline in performance when determining the star rating of the plan under this subsection for the year as follows: (i) (I) For plan year 2016, at least 10 percent, but not more than 15 percent, of the total star rating of the plan shall be based on improvement or decline in performance. (II) For plan year 2017 and subsequent plan years, at least 12 percent, but not more than 17 percent, of the total star rating of the plan shall be based on improvement or decline in performance. (ii) Improvement or decline in performance under this subparagraph shall be measured based on net change in the individual star rating measures of the plan, with appropriate weight given to specific individual star ratings measures, such as readmission rates, as determined by the Secretary. (iii) The Secretary shall make an appropriate adjustment to the improvement rating of a plan under this subparagraph if the plan has achieved a 4-star rating or the highest rating possible overall or for an individual measure in order to ensure that the plan is not punished in cases where it is not possible to improve. (B) No application to certain plans Subparagraph (A) shall not apply, with respect to a year, to a specialized MA plan for special needs individuals that has a rating that is less than two-and-one-half stars. (C) Quality Measurement at the Plan Level (i) In general The Secretary may require reporting for and apply under this subsection quality measures at the plan level for specialized MA plan for special needs individuals instead of at the contract level. (ii) Consideration The Secretary shall take into consideration the minimum number of enrollees in a specialized MA plan for special needs individuals in order to determine if a statistically significant or valid measurement of quality at the plan level is possible under clause (i). (iii) Application If the Secretary applies quality measurement at the plan level under this subparagraph— (I) such quality measurement may include Medicare Health Outcomes Survey (HOS), Healthcare Effectiveness Data and Information Set (HEDIS), Consumer Assessment of Healthcare Providers and Systems (CAHPS) measures and quality measures under part D; and (II) payment and other administrative actions linked to quality measurement (including the 5-star rating system under this subsection) shall be applied at the plan level in accordance with this subparagraph. (7) Determination of feasibility of quality measurement at the plan level (A) Determination of feasibility The Secretary shall determine the feasibility of requiring reporting for and applying under this subsection quality measures at the plan level for all MA plans under this part. (B) Consideration of change After making a determination under subparagraph (A), the Secretary shall consider requiring such reporting and applying such quality measures at the plan level as described in such subparagraph. . 207. Reasonable cost reimbursement contracts (a) One-year transition and notice regarding transition Section 1876(h)(5)(C) of the Social Security Act ( 42 U.S.C. 1395mm(h)(5)(C) (1) in clause (ii), in the matter preceding subclause (I), by striking For any Subject to clause (iv), for any (2) by adding at the end the following new clauses: (iv) In the case of an eligible organization that is offering a reasonable cost reimbursement contract that may no longer be extended or renewed because of the application of clause (ii), the following shall apply: (I) Notwithstanding such clause, such contract may be extended or renewed for the two years subsequent to the previous year described in clause (ii). The second of the two years described in the preceding sentence with respect to a contract is referred to in this subsection as the last reasonable cost reimbursement contract year for the contract (II) The organization may not enroll any new enrollees under such contract during the last reasonable cost reimbursement contract year for the contract. (III) Not later than a date determined appropriate by the Secretary prior to the beginning of the last reasonable cost reimbursement contract year for the contract, the organization shall provide notice to the Secretary as to whether or not the organization will apply to have the contract converted over and offered as a Medicare Advantage plan under part C for the year following the last reasonable cost reimbursement contract year for the contract. (IV) If the organization provides the notice described in subclause (III) that the contract will be converted, the organization shall, not later than a date determined appropriate by the Secretary, provide the Secretary with such information as the Secretary determines appropriate in order to carry out sections 1851(c)(4) and 1854(a)(5), including subparagraph (C) of such section. (v) If an eligible organization that is offering a reasonable cost reimbursement contract that is extended or renewed pursuant to clause (iv) provides the notice described in clause (iv)(III) that the contract will be converted, the following provisions shall apply: (I) The deemed enrollment under section 1851(c)(4). (II) The special rule for quality increases under 1853(o)(3)(A)(iv). . (b) Deemed enrollment from reasonable cost reimbursement contracts converted to Medicare Advantage plans (1) In general Section 1851(c) of the Social Security Act ( 42 U.S.C. 1395w–21(c) (A) in paragraph (1), by striking Such elections Subject to paragraph (4), such elections (B) by adding at the end the following: (4) Deemed enrollment relating to converted reasonable cost reimbursement contracts (A) In general On the first day of the annual, coordinated election period under subsection (e)(3) for plan years beginning on or after January 1, 2017, an MA eligible individual described in clause (i) or (ii) of subparagraph (B) is deemed to have elected to receive benefits under this title through an applicable MA plan (and shall be enrolled in such plan) beginning with such plan year, if— (i) the individual is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year; (ii) such reasonable cost reimbursement contract was extended or renewed for the last reasonable cost reimbursement contract year of the contract pursuant to section 1876(h)(5)(C)(iv); (iii) the eligible organization that is offering such reasonable cost reimbursement contract provided the notice described in subclause (III) of such section that the contract was to be converted; (iv) the applicable MA plan— (I) is the plan that was converted from the reasonable cost reimbursement contract described in clause (iii); (II) is offered by the same entity (or an organization affiliated with such entity that has a common ownership interest of control) that entered into such contract; and (III) is offered in the service area where the individual resides; (v) the applicable MA plan provides benefits, premiums, and access to in-network and out-of-network providers that are comparable to the benefits, premiums, and access to in-network and out-of-network providers under such reasonable cost reimbursement contract for the previous plan year; and (vi) the applicable MA plan— (I) allows enrollees transitioning from the converted reasonable cost contract to such plan to maintain current providers and course of treatment at the time of enrollment for at least 90 days after enrollment; and (II) during such period, pays non-contracting providers for items and services furnished to the enrollee an amount that is not less than the amount of payment applicable for those items and services under the original medicare fee-for-service program under parts A and B. (B) MA eligible individuals described (i) Without prescription drug coverage An MA eligible individual described in this clause, with respect to a plan year, is an MA eligible individual who is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year and who does not, for such previous plan year, receive any prescription drug coverage under part D, including coverage under section 1860D–22. (ii) With prescription drug coverage An MA eligible individual described in this clause, with respect to a plan year, is an MA eligible individual who is enrolled in a reasonable cost reimbursement contract under section 1876(h) in the previous plan year and who, for such previous plan year, receives prescription drug coverage under part D— (I) through such contract; or (II) through a prescription drug plan, if the sponsor of such plan is the same entity (or an organization affiliated with such entity) that entered into such contract. (C) Applicable MA plan defined In this paragraph, the term applicable MA plan (i) subparagraph (B)(i), an MA plan that is not an MA–PD plan; and (ii) subparagraph (B)(ii), an MA–PD plan. (D) Identification and notification of deemed individuals Not later than 30 days before the first day of the annual, coordinated election period under subsection (e)(3) for plan years beginning on or after January 1, 2017, the Secretary shall identify and notify the individuals who will be subject to deemed elections under subparagraph (A) . (2) Beneficiary option to discontinue or change MA plan or MA–PD plan after deemed enrollment (A) In general Section 1851(e)(2) of the Social Security Act ( 42 U.S.C. 1395w–21(e)(4) (F) Special period for certain deemed elections (i) In general At any time during the period beginning after the last day of the annual, coordinated election period under paragraph (3) in which an individual is deemed to have elected to enroll in an MA plan or MA–PD plan under subsection (c)(4) and ending on the last day of February of the first plan year for which the individual is enrolled in such plan, such individual may change the election under subsection (a)(1) (including changing the MA plan or MA–PD plan in which the individual is enrolled). (ii) Limitation of one change An individual may exercise the right under clause (i) only once during the applicable period described in such clause. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under paragraph (4). . (B) Conforming amendments (i) Plan requirement for open enrollment Section 1851(e)(6)(A) of the Social Security Act ( 42 U.S.C. 1395w–21(e)(6)(A) paragraph (1), paragraph (1), during the period described in paragraph (2)(F), (ii) Part D Section 1860D–1(b)(1)(B) of such Act ( 42 U.S.C. 1395w–101(b)(1)(B) (I) in clause (ii), by adding and paragraph (4) paragraph (3)(A) (II) in clause (iii) by striking and (E) (E), and (F) (3) Treatment of ESRD for deemed enrollment Section 1851(a)(3)(B) of the Social Security Act ( 42 U.S.C. 1395w–21(a)(3)(B) An individual who develops end-stage renal disease while enrolled in a reasonable cost reimbursement contract under section 1876(h) shall be treated as an MA eligible individual for purposes of applying the deemed enrollment under subsection (c)(4). . (c) Information requirements Section 1851(d)(2)(B) of the Social Security Act ( 42 U.S.C. 1395w–21(d)(2)(B) (1) by striking the subparagraph heading and inserting the following: (i) (2) by adding at the end the following: (ii) Notification related to certain deemed elections The Secretary shall require the converting cost plan to mail, not later than 15 days prior to the first day of the annual, coordinated election period under subsection (e)(3) of a year, to any individual identified by the Secretary under subsection (c)(4)(D) for such year— (I) a notification that such individual will, on such day, be deemed to have made an election to receive benefits under this title through an MA plan or MA–PD plan (and shall be enrolled in such plan) for the next plan year under subsection (c)(4)(A), but that the individual may make a different election during the annual, coordinated election period for such year; (II) the information described in subparagraph (A); (III) a description of the differences between such MA plan or MA–PD plan and the reasonable cost reimbursement contract in which the individual was most recently enrolled with respect to benefits covered under such plans, including cost-sharing, premiums, drug coverage, and provider networks; (IV) information about the special period for elections under subsection (e)(2)(F); and (V) other information the Secretary may specify . (d) Treatment of transition plan for quality rating for payment purposes Section 1853(o)(4) of the Social Security Act ( 42 U.S.C. 1395w–23(o)(4) (C) Special rule for first 3 plan years for plans that were converted from a reasonable cost reimbursement contract For purposes of applying paragraph (1) and section 1854(b)(1)(C) for the first 3 plan years under this part in the case of an MA plan to which deemed enrollment applies under section 1851(c)(4)— (i) such plan shall not be treated as a new plan (as defined in paragraph (3)(A)(iii)(II)); and (ii) in determining the star rating of the plan under subparagraph (A), to the extent that Medicare Advantage data for such plan is not available for a measure used to determine such star rating, the Secretary shall use data from the period in which such plan was a reasonable cost reimbursement contract. . 208. Quality measure endorsement and selection (a) Contract with an entity regarding input on the selection of measures (1) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (A) by redesignating section 1890A as section 1890B; and (B) by inserting after section 1890 the following new section: 1890A Contract with an entity regarding input on the selection of measures (a) Contract (1) In general For purposes of activities conducted under this Act, the Secretary shall identify and have in effect a contract with an entity that meets the requirements described in subsection (c). Such contract shall provide that the entity will perform the duties described in subsection (b). (2) Timing for first contract The first contract under paragraph (1) shall begin on, or as soon as practicable after, October 1, 2014. (3) Period of contract A contract under paragraph (1) shall be for a period of 3 years (except as may be renewed after a subsequent bidding process). (4) Competitive procedures Competitive procedures (as defined in section 4(5) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(5) (b) Duties The duties described in this subsection are the following: (c) Requirements described The requirements described in this subsection are the following: (1) Private nonprofit, board membership, membership fees, and not a measure developer The requirements described in paragraphs (1), (2), (7), and (8) of section 1890(c). (2) Experience The entity has at least 4 years of experience working with quality and efficiency measures. . (2) Duties of entity (A) Transfer of priority setting process Paragraph (1) of section 1890(b) of the Social Security Act ( 42 U.S.C. 1395aaa(b) (B) Transfer of multi-stakeholder process Paragraphs (7) and (8) of such section 1890(b) are redesignated as paragraphs (2) and (3), respectively, of section 1890A(b) of such Act, as added by paragraph (1) and amended by subparagraph (A). (C) Additional duties Section 1890A(b) of such Act, as added by paragraph (1) and amended by subparagraphs (A) and (B), is amended by adding at the end the following new paragraphs: (4) Facilitation to better coordinate and align public and private sector use of quality measures (A) In general The entity shall facilitate increased coordination and alignment between the public and private sector with respect to quality and efficiency measures. (B) Reports The entity shall prepare and make available to the public annual reports on its findings under this paragraph. Such public availability shall include posting each report on the Internet website of the entity. (5) Gap analysis The entity shall conduct an ongoing analysis of— (A) gaps in endorsed quality and efficiency measures, which shall include measures that are within priority areas identified by the Secretary under the national strategy established under section 399HH of the Public Health Service Act; and (B) areas where quality measures are unavailable or inadequate to identify or address such gaps. (6) Annual report to congress and the Secretary; Secretarial publication and comment (A) Annual report By not later than June 1 of each year, the entity shall submit to Congress and the Secretary a report containing— (i) a description of— (I) the recommendations made under paragraph (1); (II) the matters described in clauses (i) and (ii) of paragraph (2)(A); (III) the results of the analysis under paragraph (5); and (IV) the performance by the entity of the duties required under the contract entered into with the Secretary under subsection (a); and (ii) any other items determined appropriate by the Secretary. (B) Secretarial review and publication of annual report Not later than 6 months after receiving a report under subparagraph (A), the Secretary shall— (i) review such report; and (ii) publish such report in the Federal Register, together with any comments of the Secretary on such report. . (D) Additional amendments Section 1890A(b) of such Act, as so added and amended, is amended— (i) in paragraph (2)— (I) in subparagraph (A)(i)— (aa) in subclause (I), by inserting with a contract under section 1890 entity (bb) in subclause (II), by striking such entity the entity with a contract under section 1890 (II) in the heading of subparagraph (B) by inserting and efficiency Quality (III) in subparagraph (B)(i)(III), by striking this Act this title (IV) by adding at the end the following new subparagraphs: (E) Input In providing the input described in subparagraph (A), the multi-stakeholder groups— (i) shall include a detailed description of the rationale for each recommendation made by the multi-stakeholder group, including in areas relating to— (I) the expected impact that implementing the measure will have on individuals; (II) the burden on providers of services and suppliers; (III) the expected influence over the behavior of providers of services and suppliers; (IV) the applicability of a measure for more than one setting or program; and (V) other areas determined in consultation with the Secretary; and (ii) may consider whether it is appropriate to provide separate recommendations with respect to measures for internal use, public reporting, and payment provisions. (F) Equal representation In convening multi-stakeholder groups pursuant to this paragraph, the entity shall, to the extent feasible, make every effort to ensure such groups are balanced across stakeholders. ; and (ii) in paragraph (3), by striking Not later Not later than the applicable dates described in section 1890B(a)(3) of each year (or, as applicable, the timeframe described in section 1890B(a)(4)), the entity shall transmit to the Secretary the input of the multi-stakeholder groups under paragraph (2). (b) Revisions to contract with consensus-based entity (1) Contract Section 1890(a) of the Social Security Act (42 U.S.C. 1395aaa(a)) is amended— (A) in paragraph (1), by striking , such as the National Quality Forum, (B) in paragraph (3), by striking 4 years 3 years (2) Duties Section 1890(b) of the Social Security Act (42 U.S.C. 1395aaa(b)), as amended by subsection (a)(2), is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (B) in paragraph (2), as redesignated by subparagraph (A), by striking paragraph (2) paragraph (1) (C) by striking paragraphs (5) and (6); and (D) by adding at the end the following new paragraphs: (3) Facilitation to better coordinate and align public and private sector use of quality measures (A) In general The entity shall facilitate increased coordination and alignment between the public and private sector with respect to quality and efficiency measures. (B) Reports The entity shall prepare and make available to the public annual reports on its findings under this paragraph. Such public availability shall include posting each report on the Internet website of the entity. (4) Annual report to congress and the Secretary; secretarial publication and comment (A) Annual report By not later than March 1 of each year, the entity shall submit to Congress and the Secretary a report containing— (i) a description of— (I) the coordination of quality initiatives under this title and titles XIX and XXI with quality initiatives implemented by other payers; (II) areas in which evidence is insufficient to support endorsement of quality measures in priority areas identified by the Secretary under the national strategy established under section 399HH of the Public Health Service Act and where targeted research may address such gaps; and (III) the performance by the entity of the duties required under the contract entered into with the Secretary under subsection (a); and (ii) any other items determined appropriate by the Secretary. (B) Secretarial review and publication of annual report Not later than 6 months after receiving a report under subparagraph (A), the Secretary shall— (i) review such report; and (ii) publish such report in the Federal Register, together with any comments of the Secretary on such report. . (3) Requirements Section 1890(c) of the Social Security Act (42 U.S.C. 1395aaa(c)) is amended by adding at the end the following new paragraph: (8) Not a measure developer The entity is not a measure developer. . (c) Revisions to duties of the Secretary regarding use of measures (1) In general Section 1890B(a) of the Social Security Act (42 U.S.C. 1395aaa–1(a)), as redesignated by subsection (a)(1)(A), is amended— (A) by striking section 1890(b)(7)(B) section 1890A(b)(2)(B) (B) in paragraph (1)— (i) by striking section 1890(b)(7) section 1890A(b)(2) (ii) by striking section 1890 section 1890A (C) by striking paragraphs (2) and (3) and inserting the following: (2) Public availability of measures considered for selection Subject to paragraph (4), not later than October 1 or December 31 of each year (or as soon as practicable after such dates for the first year of the contract), the Secretary shall make available to the public a list of quality and efficiency measures described in section 1890A(b)(2)(B) that the Secretary is considering under this title. The Secretary shall provide for an appropriate balance of the number of measures to be made available by each such date in a year. (3) Transmission of multi-stakeholder input (A) In general Subject to paragraph (4), not later than the applicable date described in subparagraph (B) of each year, the entity with a contract under section 1890A shall, pursuant to subsection (b)(3) of such section, transmit to the Secretary the input of multi-stakeholder groups described in paragraph (1). (B) Applicable date described The applicable date described in this subparagraph for a year is— (i) February 1 (or as soon as practicable after such date for the first year of the contract) with respect to quality and efficiency measures made available under paragraph (2) by October 1 of the preceding year; and (ii) April 1 (or as soon as practicable after such dates for the first year of the contract) with respect to quality and efficiency measures made available under paragraph (2) by December 31 of the preceding year. ; (D) by redesignating— (i) paragraph (6) as paragraph (8); and (ii) paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (E) by inserting after paragraph (3) the following new paragraph: (4) Limited process for additional multi-stakeholder input In addition to the Secretary making measures publically available pursuant to the dates described in paragraph (2) and multi-stakeholder groups transmitting the input pursuant to the applicable dates described in paragraph (3)— (A) the Secretary may, at times that do not meet the time requirements described in paragraph (2), make available to the public a limited number of quality and efficiency measures described in section 1890A(b)(2) that the Secretary is considering under this title; and (B) if the Secretary uses the authority under subparagraph (A), the entity with a contract under section 1890A shall, pursuant to section 1890A(b)(3), transmit to the Secretary on a timely basis the input from a multi-stakeholder group described in paragraph (1) with respect to such measures. ; (F) in paragraph (6), as redesignated by subparagraph (D)(ii), by inserting or that has not been recommended by the multi-stakeholder group under section 1890A(b)(2) (G) by inserting after paragraph (6) the following new paragraph: (7) Concordance rates For each year (beginning with 2015), the Secretary shall include a list of concordance rates with respect to the input provided under section 1890A(b)(2)(A) for those new measures adopted for each type of provider of services and supplier in the annual final rule applicable to such type of provider or supplier. . (2) Review Section 1890B(c) of the Social Security Act (42 U.S.C. 1395aaa–1(c)), as redesignated by subsection (a)(1)(A), is amended— (A) in paragraph (1)(A), by striking section 1890(b)(7)(B) section 1890A(b)(2)(B) (B) in paragraph (2)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B), by striking the period at the end and inserting ; and (iii) by adding at the end the following new subparagraph: (C) take into consideration the benefits of the alignment of measures between the public and private sector. . (d) Funding for quality measure endorsement, input, and selection (1) Fiscal year 2014 In addition to amounts transferred under section 3014(c) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (2) Fiscal years 2015 through 2017 Section 1890B of the Social Security Act (42 U.S.C. 1395aaa–1), as redesignated by subsection (a)(1)(A), is amended by adding at the end the following new subsection: (g) Funding (1) In general For purposes of carrying out this section (other than subsections (e) and (f)) and sections 1890 and 1890A, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841, in such proportion as the Secretary determines appropriate, to the Centers for Medicare & Medicaid Services Program Management Account of $25,000,000 for each of fiscal years 2015 through 2017. (2) Availability Amounts transferred under paragraph (1) shall remain available until expended. . (3) Conforming amendment Subsection (d) of section 1890 of the Social Security Act (42 U.S.C. 1395aaa) is repealed. (e) Conforming amendments (1) Section 1848(m)(3)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E)(iii) section 1890(b)(7) and 1890A(a) section 1890A(b)(2) and 1890B(a) (2) Section 1866D(b)(2)(C) of the Social Security Act ( 42 U.S.C. 1395cc–4(b)(2)(C) section 1890 and 1890A sections 1890, 1890A, and 1890B (3) Section 1899A(n)(2)(A) of the Social Security Act ( 42 U.S.C. 1395cc–4(n)(2)(A) section 1890(b)(7)(B) section 1890A(b)(2)(B) (f) Effective date (1) In general The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to contract periods under sections 1890 and 1890A of the Social Security Act that begin on or after such date. (2) New contracts The Secretary of Health and Human Services shall enter into a new contract under both sections 1890 and 1890A of the Social Security Act, as amended by this Act, for a contract period beginning on, or as soon as practicable after, October 1, 2014. 209. Permanent extension of funding outreach and assistance for low-income programs (a) Additional funding for State health insurance programs Subsection (a)(1)(B)(iv) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 ( 42 U.S.C. 1395b–3 Public Law 111–148 Public Law 113–67 (iv) for fiscal year 2014 and for each subsequent fiscal year, $7,500,000. . (b) Additional funding for area agencies on aging Subsection (b)(1)(B)(iv) of such section 119, as so amended, is amended to read as follows: (iv) for fiscal year 2014 and for each subsequent fiscal year, $7,500,000. . (c) Additional funding for aging and disability resource centers Subsection (c)(1)(B)(iv) of such section 119, as so amended, is amended to read as follows: (iv) for fiscal year 2014 and for each subsequent fiscal year, $5,000,000. . (d) Additional funding for contract with the national center for benefits and outreach enrollment Subsection (d)(2)(iv) of such section 119, as so amended, is amended to read as follows: (iv) for fiscal year 2014 and for each subsequent fiscal year, $5,000,000. . B Medicaid and Other Extensions 211. Qualifying individual program (a) Extension Section 1902(a)(10)(E)(iv) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(E)(iv) March 2104 December 2018 (b) Eliminating limitations on eligibility Section 1933 of the Social Security Act ( 42 U.S.C. 1396u–3 (c) Eliminating allocations Section 1933 of the Social Security Act ( 42 U.S.C. 1396u–3 (d) Conforming amendments (1) In general Section 1933 of the Social Security Act ( 42 U.S.C. 1396u–3 (A) by striking subsection (a) and inserting the following new subsection: (a) Applicable FMAP With respect to assistance described in section 1902(a)(10)(E)(iv) furnished in a State, the Federal medical assistance percentage shall be equal to 100 percent. ; (B) by striking subsection (d); and (C) by redesignating subsection (f) as subsection (b). (2) Definition of FMAP Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) section 1933(d) section 1933(a) (e) Effective date The amendments made by this section shall take effect on April 1, 2014, and shall apply with respect to calendar quarters beginning on or after such date. 212. Transitional Medical Assistance (a) Extension Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act ( 42 U.S.C. 1396a(e)(1)(B) March 31, 2014 December 31, 2018 (b) Opt-out option for States that expand adult coverage and provide 12-month continuous eligibility under Medicaid and CHIP (1) In general Section 1925 of the Social Security Act ( 42 U.S.C. 1396r–6 (A) in subsection (a)— (i) in paragraph (1)(A), by striking paragraph (5) paragraphs (5) and (6) (ii) by adding at the end the following: (6) Opt-out option for States that expand adult coverage and provide 12-month continuous eligibility under Medicaid and CHIP (A) In general In the case of a State described in subparagraph (B), the State may elect through a State plan amendment to have this section and sections 408(a)(11)(A), 1902(a)(52), 1902(e)(1), and 1931(c)(2) not apply to the State. (B) State described A State is described in this subparagraph if the State is one of the 50 States or the District of Columbia and— (i) has elected to provide medical assistance to individuals under subclause (VIII) of section 1902(a)(10)(A)(i); (ii) has elected under section 1902(e)(12)(A) the option to provide continuous eligibility for a 12-month period for individuals under 19 years of age; (iii) has elected under section 1902(e)(12)(B) the option to provide continuous eligibility for a 12-month period for all categories of individuals described in that section; and (iv) has elected to apply section 1902(e)(12)(A) to the State child health plan under title XXI. ; and (B) in subsection (b)(1), by striking subsection (a)(5) paragraphs (5) and (6) of subsection (a) (2) Conforming amendment to 4-month requirement Section 1902(e)(1) of the Social Security Act ( 42 U.S.C. 1396a(e)(1) (A) in subparagraph (B), by striking Subparagraph (A) Subject to subparagraph (C), subparagraph (A) (B) by adding at the end the following: (C) If a State has made an election under section 1925(a)(6), subparagraph (A) and section 1925 shall not apply to the State. . (c) Extension of 12-month continuous eligibility option to certain adult enrollees under Medicaid; clarification of application to CHIP (1) In general Section 1902(e)(12) of the Social Security Act ( 42 U.S.C. 1396a(e)(12) (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) by inserting (A) (12) (C) by adding at the end the following: (B) At the option of the State, the plan may provide that an individual who is determined to be eligible for benefits under a State plan approved under this title under any of the following eligibility categories, or who is redetermined to be eligible for such benefits under any of such categories, shall be considered to meet the eligibility requirements met on the date of application and shall remain eligible for those benefits until the end of the 12–month period following the date of the determination or redetermination of eligibility: (i) Section 1902(a)(10)(A)(i)(VIII). (ii) Section 1931. . (2) Application to CHIP Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) (A) by redesignating subparagraphs (E) through (O) as subparagraphs (F) through (P), respectively; and (B) by inserting after subparagraph (D), the following: (E) Section 1902(e)(12)(A) (relating to the State option for 12-month continuous eligibility and enrollment). . (d) Conforming and technical amendments relating to section 1931 transitional coverage requirements (1) In general Section 1931(c) of the Social Security Act ( 42 U.S.C. 1396u–1(c) (A) in paragraph (1)— (i) in the paragraph heading, by striking child spousal (ii) by striking The provisions Subject to paragraph (3), the provisions (iii) by striking child or (B) in paragraph (2), by striking For continued Subject to paragraph (3), for continued (C) by adding at the end the following: (3) Opt-out option for States that expand adult coverage and provide 12-month continuous eligibility under Medicaid and CHIP (A) In general In the case of a State described in subparagraph (B), the State may elect through a State plan amendment to have paragraphs (1) and (2) of this subsection and sections 408(a)(11), 1902(a)(52), 1902(e)(1), and 1925 not apply to the State. (B) State described A State is described in this subparagraph if the State is one of the 50 States or the District of Columbia and— (i) has elected to provide medical assistance to individuals under subclause (VIII) of section 1902(a)(10)(A)(i); (ii) has elected under section 1902(e)(12)(A) the option to provide continuous eligibility for a 12-month period for individuals under 19 years of age; (iii) has elected under section 1902(e)(12)(B) the option to provide continuous eligibility for a 12-month period for all categories of individuals described in that section; and (iv) has elected to apply section 1902(e)(12)(A) to the State child health plan under title XXI. . (2) Conforming amendment to section 408 Section 408(a)(11) of the Social Security Act ( 42 U.S.C. 608(a)(11) (A) in the paragraph heading, by striking child spousal (B) in subparagraph (B)— (i) in the subparagraph heading, by striking Child Spousal (ii) by striking child or (e) Conforming amendment relating to maintenance of effort for children Section 1902(gg)(4) of the Social Security Act ( 42 U.S.C. 1396a(gg)(4) (C) States that expand adult coverage and elect to opt-out of transitional coverage (i) In general For purposes of determining compliance with the requirements of paragraph (2), a State which exercises the option under sections 1925(a)(6) and 1931(c)(3) to provide no transitional medical assistance or other extended eligibility (as applicable) shall not, as a result of exercising such option, be considered to have in effect eligibility standards, methodologies, or procedures described in clause (ii) that are more restrictive than the standards, methodologies, or procedures in effect under the State plan or under a waiver of the plan on the date of enactment of the Patient Protection and Affordable Care Act. (ii) Standards, methodologies, or procedures described The eligibility standards, methodologies, or procedures described in this clause are those standards, methodologies, or procedures applicable to determining the eligibility for medical assistance of any child under 19 years of age (or such higher age as the State may have elected). . (f) Effective date The amendments made by this section shall take effect on April 1, 2014. 213. Express lane eligibility Section 1902(e)(13)(I) of the Social Security Act ( 42 U.S.C. 1396a(e)(13)(I) September 30, 2014 September 30, 2015 214. Pediatric quality measures (a) Continuation of funding for pediatric quality measures for improving the quality of children's health care Section 1139B(e) of the Social Security Act (42 U.S.C. 1320b–9b(e)) is amended by adding at the end the following: Of the funds appropriated under this subsection, not less than $15,000,000 shall be used to carry out section 1139A(b). (b) Elimination of restriction on medicaid quality measurement program Section 1139B(b)(5)(A) of the Social Security Act (42 U.S.C. 1320b–9b(b)(5)(A)) is amended by striking The aggregate amount awarded by the Secretary for grants and contracts for the development, testing, and validation of emerging and innovative evidence-based measures under such program shall equal the aggregate amount awarded by the Secretary for grants under section 1139A(b)(4)(A) 215. Special diabetes programs (a) Special diabetes programs for type I Section 330B(b)(2)(C) of the Public Health Service Act ( 42 U.S.C. 254c–2(b)(2)(C) 2014 2019 (b) Special diabetes programs for indians Section 330C(c)(2)(C) of the Public Health Service Act ( 42 U.S.C. 254c–3(c)(2)(C) 2014 2019 C Human Services Extensions 221. Abstinence education grants (a) In general Section 510 of the Social Security Act ( 42 U.S.C. 710 (1) in subsection (a), in the matter preceding paragraph (1), by striking 2010 through 2014 2015 through 2019 (2) in subsection (d)— (A) by striking 2010 through 2014 2015 through 2019 (B) by striking the second sentence. (b) Effective date The amendments made by this section shall take effect on October 1, 2014. 222. Personal responsibility education program (a) In general Section 513 of the Social Security Act ( 42 U.S.C. 713 (1) in subsection (a)— (A) in paragraph (1)(A), by striking 2010 through 2014 2015 through 2019 (B) in paragraph (4)— (i) in subparagraph (A)— (I) by striking 2010 or 2011 2015 or 2016 (II) by striking 2010 through 2014 2015 through 2019 (III) by striking 2012 through 2014 2017 through 2019 (ii) in subparagraph (B)(i)— (I) by striking 2012, 2013, and 2014 2017, 2018, and 2019 (II) by striking 2010 or 2011 2015 or 2016 (C) in paragraph (5), by striking 2009 2014 (2) in subsection (b)(2)(A), in the matter preceding clause (i), by inserting and youth at risk of becoming victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) 22 U.S.C. 7102(9)(A) adolescents (3) in subsection(c)(1), by inserting youth at risk of becoming victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) 22 U.S.C. 7102(9)(A) youth in foster care, (4) in subsection (f), by striking 2010 through 2014 2015 through 2019 (b) Effective date The amendments made by this section shall take effect on October 1, 2014. 223. Family-to-family health information centers (a) In general Section 501(c) of the Social Security Act ( 42 U.S.C. 701(c) (1) in paragraph (1)(A), by striking clause (iv) and inserting the following: (iv) $6,000,000 for each of fiscal years 2014 through 2018. ; and (2) by striking paragraph (5). (b) Prevention of duplicate appropriations for fiscal year 2014 Expenditures made for fiscal year 2014 pursuant to section 501(c)(iv) of the Social Security Act (42 U.S.C. 701(c)(iv)), as amended by section 1203 of division B of the Bipartisan Budget Act of 2013 ( Public Law 113–67 224. Health workforce demonstration project for low-income individuals Section 2008(c)(1) of the Social Security Act ( 42 U.S.C. 1397g(c)(1) through 2014 2012, and only to carry out subsection (a), $85,000,000 for each of fiscal years 2013 through 2016 III Medicare and Medicaid program integrity 301. Reducing improper Medicare payments (a) Medicare administrative contractor improper payment outreach and education program (1) In general Section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 (A) in subsection (a)(4)— (i) by redesignating subparagraph (G) as subparagraph (H); and (ii) by inserting after subparagraph (F) the following new subparagraph: (G) Improper payment outreach and education program Having in place an improper payment outreach and education program described in subsection (h). ; and (B) by adding at the end the following new subsection: (h) Improper payment outreach and education program (1) In general In order to reduce improper payments under this title, each medicare administrative contractor shall establish and have in place an improper payment outreach and education program under which the contractor, through outreach, education, training, and technical assistance activities, shall provide providers of services and suppliers located in the region covered by the contract under this section with the information described in paragraph (3). The activities described in the preceding sentence shall be conducted on a regular basis. (2) Forms of outreach, education, training, and technical assistance activities The outreach, education, training, and technical assistance activities under a payment outreach and education program shall be carried out through any of the following: (A) Emails and other electronic communications. (B) Webinars. (C) Telephone calls. (D) In-person training. (E) Other forms of communications determined appropriate by the Secretary. (3) Information to be provided through activities The information to be provided to providers of services and suppliers under a payment outreach and education program shall include all of the following information: (A) A list of the provider’s or supplier's most frequent payment errors and most expensive payment errors over the last quarter. (B) Specific instructions regarding how to correct or avoid such errors in the future. (C) A notice of all new topics that have been approved by the Secretary for audits conducted by recovery audit contractors under section 1893(h). (D) Specific instructions to prevent future issues related to such new audits. (E) Other information determined appropriate by the Secretary. (4) Error rate reduction training (A) In general The activities under a payment outreach and education program shall include error rate reduction training. (B) Requirements (i) In general The training described in subparagraph (A) shall— (I) be provided at least annually; and (II) focus on reducing the improper payments described in paragraph (5). (C) Invitation A medicare administrative contractor shall ensure that all providers of services and suppliers located in the region covered by the contract under this section are invited to attend the training described in subparagraph (A) either in person or online. (5) Priority A medicare administrative contractor shall give priority to activities under the improper payment outreach and education program that will reduce improper payments for items and services that— (A) have the highest rate of improper payment; (B) have the greatest total dollar amount of improper payments; (C) are due to clear misapplication or misinterpretation of Medicare policies; (D) are clearly due to common and inadvertent clerical or administrative errors; or (E) are due to other types of errors that the Secretary determines could be prevented through activities under the program. (6) Information on improper payments from recovery audit contractors (A) In general In order to assist medicare administrative contractors in carrying out improper payment outreach and education programs, the Secretary shall provide each contractor with a complete list of improper payments identified by recovery audit contractors under section 1893(h) with respect to providers of services and suppliers located in the region covered by the contract under this section. Such information shall be provided on a quarterly basis. (B) Information The information described in subparagraph (A) shall include the following information: (i) The providers of services and suppliers that have the highest rate of improper payments. (ii) The providers of services and suppliers that have the greatest total dollar amounts of improper payments. (iii) The items and services furnished in the region that have the highest rates of improper payments. (iv) The items and services furnished in the region that are responsible for the greatest total dollar amount of improper payments. (v) Other information the Secretary determines would assist the contractor in carrying out the improper payment outreach and education program. (C) Format of information The information furnished to medicare administrative contractors by the Secretary under this paragraph shall be transmitted in a manner that permits the contractor to easily identify the areas of the Medicare program in which targeted outreach, education, training, and technical assistance would be most effective. In carrying out the preceding sentence, the Secretary shall ensure that— (i) the information with respect to improper payments made to a provider of services or supplier clearly displays the NPI or other provider identifier of the provider or supplier, the amount of the improper payment, and any other information the Secretary determines appropriate; and (ii) the information is in an electronic, easily searchable database. (7) Communications All communications with providers of services and suppliers under a payment outreach and education program are subject to the standards and requirements of subsection (g). (8) Funding After application of paragraph (1)(C) of section 1893(h), the Secretary shall retain a portion of the amounts recovered by recovery audit contractors under such section which shall be available to the Centers for Medicare & Medicaid Services Program Management Account for purposes of carrying out this subsection and to implement corrective actions to help reduce the error rate of payments under this title. The amount retained under the preceding sentence shall not exceed an amount equal to 25 percent of the amounts recovered under section 1893(h). . (2) Funding conforming amendment Section 1893(h)(2) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(2) or section 1874A(h)(8) paragraph (1)(C) (3) Effective date The amendments made by this subsection take effect on the date of enactment of this Act. (b) Transparency Section 1893(h)(8) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(8) (1) by striking report report (A) In general The Secretary ; and (2) by adding at the end the following new subparagraph: (B) Inclusion of certain information (i) In general For reports submitted under this paragraph for 2015 or a subsequent year, each such report shall include the information described in clause (ii) with respect to each of the following categories of audits carried out by recovery audit contractors under this subsection: (I) Automated. (II) Complex. (III) Medical necessity review. (IV) Part A. (V) Part B. (VI) Durable medical equipment. (ii) Information described For purposes of clause (i), the information described in this clause, with respect to a category of audit described in clause (i), is the result of all appeals for each individual level of appeals in such category. . (c) Recovery Audit Contractor Demonstration Project (1) In general The Secretary shall conduct a demonstration project under title XVIII of the Social Security Act that— (A) targets audits by recovery audit contractors under section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)) with respect to high error providers of services and suppliers identified under paragraph (3); and (B) rewards low error providers of services and suppliers identified under such paragraph. (2) Scope (A) Duration The demonstration project shall be implemented not later than January 1, 2015, and shall be conducted for a period of three years. (B) Demonstration area In determining the geographic area of the demonstration project, the Secretary shall consider the following: (i) The total number of providers of services and suppliers in the region. (ii) The diversity of types of providers of services and suppliers in the region. (iii) The level and variation of improper payment rates of and among individual providers of services and suppliers in the region. (iv) The inclusion of a mix of both urban and rural areas. (3) Identification of low error and high error providers of services and suppliers (A) In general Subject to paragraph (5), in conducting the demonstration project, the Secretary shall identify the following two groups of providers in accordance with this paragraph: (i) Low error providers of services and suppliers. (ii) High error providers of services and suppliers. (B) Analysis For purposes of identifying the groups under subparagraph (A), the Secretary shall analyze each of the following: (i) The improper payment rates of individual providers of services and suppliers. (ii) The amount of improper payments made to individual providers of services and suppliers. (iii) The frequency of errors made by the provider of services or supplier over time. (iv) Other information determined appropriate by the Secretary. (C) Assignment based on composite score The Secretary shall analyze the information under subparagraph (B) and assign selected providers of services and suppliers under the demonstration program as follows: (i) Providers of services and suppliers with high, expensive, and frequent errors relative to national error rates for specific items and services shall be identified as high error providers of services and suppliers under subparagraph (A). (ii) Providers of services and suppliers with few, inexpensive, and infrequent errors relative to national error rates for specific items and services shall be identified as low error providers of services and suppliers under such subparagraph. (iii) Only a small proportion of the total providers of services and suppliers and individual types of providers of services and suppliers in the geographic area of the demonstration project shall be assigned to either group identified under such subparagraph. (D) Timeframe of identification (i) In general Any identification of a provider of services or a supplier under subparagraph (A) shall be for a period of 3 months. (ii) Reevaluation The Secretary shall reevaluate each such identification at the end of such period. (iii) Use of most current information In carrying out the reevaluation under clause (ii) with respect to a provider of services or supplier, the Secretary shall— (I) consider the most current information available with respect to the provider of services or supplier under the analysis under subparagraph (B); and (II) take into account improvement or regression of the provider of services or supplier. (4) Adjustment of record request maximum Sujbect to paragraph (5), under the demonstration project, the Secretary shall establish procedures to— (A) increase the maximum record request made by recovery audit contractors to providers of services and suppliers identified as high error providers of services and suppliers under paragraph (3); and (B) decrease the maximum record request made by recovery audit contractors to providers of services and suppliers identified as low error providers of services and supplier under such paragraph. (5) Flexibility Notwithstanding paragraphs (3) and (4), the Secretary may identify more than two groups of providers in a geographical area. If the Secretary identifies more than two groups of providers in a geographic area pursuant to the preceding sentence— (A) providers shall be assigned to such groups in a manner similar to the manner in which providers are assigned to a group under paragraph (3); and (B) the maximum record request would be adjusted in a manner similar to the manner in which the maximum record request is adjusted under paragraph (4). (6) Additional adjustments (A) In general Under the demonstration project, the Secretary may make additional adjustments to requirements for recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) (B) Limitation The Secretary shall not exempt any group of providers of services or suppliers in the demonstration project, absent evidence of fraud or abuse, from being subject to audit by a recovery audit contractor under such section 1893(h). (7) Evaluation and report (A) Evaluation The Inspector General of the Department of Health and Human Services shall conduct an evaluation of the demonstration project under this subsection. The evaluation shall include an analysis of— (i) the error rates of providers of services and suppliers— (I) identified under paragraph (3) (or paragraph (5), as the case may be) as low error providers of services and suppliers; (II) identified under paragraph (3) (or paragraph (5), as the case may be) as high error providers of services and suppliers; and (III) that are located in the geographic area of the demonstration project and are not identified as either a low error or high error provider of services or supplier under such paragraphs; and (ii) any improvements in the error rates of those high error providers of services and suppliers identified under such paragraphs. (B) Report Not later than 12 months after completion of the demonstration project, the Inspector General shall submit to Congress a report containing the results of the evaluation conducted under subparagraph (A), together with recommendations on whether the demonstration project should be continued or expanded, including on a permanent or nationwide basis. (8) Funding (A) Funding for implementation After application of paragraph (1)(C) of section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)) and section 1874A(h)(8) of such Act (42 U.S.C. 1395kk–1(h)(8)), as added by subsection (a)(1), the Secretary shall retain $10,000,000 of the amounts recovered by recovery audit contractors under such section 1893(h), which shall be available to the Centers for Medicare & Medicaid Services Program Management Account for purposes of carrying out the demonstration project under this subsection (other than the evaluation and report under paragraph (7)). The amount retained under the preceding sentence shall remain available until expended. (B) Funding for Inspector General evaluation and report After application of such paragraph (1)(C), such section 1874A(h)(8), as so added, and subparagraph (A), the Secretary shall retain $245,000 of the amounts recovered by recovery audit contractors under such section 1893(h), which shall be transferred to the Inspector General of the Department of Health and Human Services for purposes of carrying out the evaluation and report under paragraph (7). The amount transferred under the preceding sentence shall remain available until expended. (C) No reduction in payments to recovery audit contractors Nothing in subparagraph (A) or (B) of this paragraph or such section 1874A(h)(8), as so added, shall reduce amounts available for payments to recovery audit contractors under such section 1893(h). (D) Funding conforming amendment Section 1893(h)(2) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(2) or section 1874A(h)(8) , section 1874A(h)(8), or subparagraphs (A) and (B) of section 301(c)(8) of the Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 (9) Definitions In this section: (A) Demonstration project The term demonstration project (B) Provider of services The term provider of services (C) Recovery audit contractor The term recovery audit contractor (D) Secretary The term Secretary (E) Supplier The term supplier 302. Authority for Medicaid fraud control units to investigate and prosecute complaints of abuse and neglect of Medicaid patients in home and community-based settings (a) In general Section 1903(q)(4)(A) of the Social Security Act ( 42 U.S.C. 1396b(q)(4)(A) (4) (A) The entity’s function includes a statewide program for the— (i) investigation and prosecution, or referral for prosecution or other action, of complaints of abuse or neglect of patients in health care facilities which receive payments under the State plan under this title or under a waiver of such plan; (ii) at the option of the entity, investigation and prosecution, or referral for prosecution or other action, of complaints of abuse or neglect of individuals in connection with any aspect of the provision of medical assistance and the activities of providers of such assistance in a home or community based setting that is paid for under the State plan under this title or under a waiver of such plan; and (iii) at the option of the entity, investigation and prosecution, or referral for prosecution or other action, of complaints of abuse or neglect of patients residing in board and care facilities. . (b) Effective date The amendment made by subsection (a) shall take effect on January 1, 2015. 303. Improved use of funds received by the HHS Inspector General from oversight and investigative activities (a) In general Section 1128C(b) of the Social Security Act (42 U.S.C. 1320a–7c(b)) is amended to read as follows: (b) Additional use of funds by Inspector General (1) Collections from Medicare and Medicaid recovery actions Notwithstanding section 3302 (2) Crediting Funds received by the Inspector General under paragraph (1) shall be deposited as offsetting collections to the credit of any appropriation available for oversight and enforcement activities of the Inspector General permitted under subsection (a), and shall remain available until expended. . (b) Effective date The amendment made by subsection (a) shall apply to funds received from settlements finalized, judgments entered, or final agency decisions issued, on or after the date of the enactment of this Act. 304. Preventing and reducing improper Medicare and Medicaid expenditures (a) Requiring valid prescriber National Provider Identifiers on pharmacy claims Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) (4) Requiring valid prescriber National Provider Identifiers on pharmacy claims (A) In general For plan year 2015 and subsequent plan years, subject to subparagraph (B), the Secretary shall prohibit PDP sponsors of prescription drug plans from paying claims for prescription drugs under this part that do not include a valid prescriber National Provider Identifier. (B) Procedures The Secretary shall establish procedures for determining the validity of prescriber National Provider Identifiers under subparagraph (A). (C) Report Not later than January 1, 2017, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the effectiveness of the procedures established under subparagraph (B). . (b) Reforming how CMS tracks and corrects the vulnerabilities identified by Recovery Audit Contractors Section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) (1) in paragraph (8), as amended by section 301(b), by adding at the end the following new subparagraphs: (C) Inclusion of improper payment vulnerabilities identified For reports submitted under this paragraph for 2015 or a subsequent year, each such report shall include— (i) a description of— (I) the types and financial cost to the program under this title of improper payment vulnerabilities identified by recovery audit contractors under this subsection; and (II) how the Secretary is addressing such improper payment vulnerabilities; and (ii) an assessment of the effectiveness of changes made to payment policies and procedures under this title in order to address the vulnerabilities so identified. (D) Limitation The Secretary shall ensure that each report submitted under subparagraph (A) does not include information that the Secretary determines would be sensitive or would otherwise negatively impact program integrity. ; and (2) by adding at the end the following new paragraph: (10) Addressing improper payment vulnerabilities The Secretary shall address improper payment vulnerabilities identified by recovery audit contractors under this subsection in a timely manner, prioritized based on the risk to the program under this title. . (c) Strengthening Medicaid program integrity through flexibility Section 1936 of the Social Security Act (42 U.S.C. 1396u–6) is amended— (1) in subsection (a), by inserting , or otherwise, entities (2) in subsection (e)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting (including the costs of equipment, salaries and benefits, and travel and training) Program under this section (B) in paragraph (3), by striking by 100 by 100, or such number as determined necessary by the Secretary to carry out the Program under this section, (d) Access to the National Directory of New Hires Section 453(j) of the Social Security Act ( 42 U.S.C. 653(j) (12) Information comparisons and disclosures to assist in administration of the Medicare program and State health subsidy programs (A) Disclosure to the Administrator of the Centers for Medicare & Medicaid Services The Administrator of the Centers for Medicare & Medicaid shall have access to the information in the National Directory of New Hires for purposes of determining the eligibility of an applicant for, or enrollee in, the Medicare program under title XVIII or an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(e) (B) Disclosure to the Inspector General of the Department of Health and Human Services (i) In general If the Inspector General of the Department of Health and Human Services transmits to the Secretary the names and social security account numbers of individuals, the Secretary shall disclose to the Inspector General information on such individuals and their employers maintained in the National Directory of New Hires. (ii) Use of information The Inspector General of the Department of Health and Human Services may use information provided under clause (i) only for purposes of — (I) enforcing mandatory and permissive exclusions under title XI; or (II) evaluating the integrity of the Medicare program or an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act). The authority under this clause is in addition to any authority conferred under the Inspector General Act of 1978 (5 U.S.C. App). (C) Disclosure to State agencies (i) In general If, for purposes of determining the eligibility of an applicant for, or an enrollee in, an applicable State health subsidy program (as defined in section 1413(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083(e) (ii) Condition on disclosure by the Secretary The Secretary shall make a disclosure under clause (i) only to the extent that the Secretary determines that the disclosure would not interfere with the effective operation of the program under this part. (iii) Use and disclosure of information by State agencies (I) In general A State agency may not use or disclose information provided under clause (i) except for purposes of determining the eligibility of an applicant for, or an enrollee in, a program referred to in clause (i). (II) Information security The State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of information obtained under clause (i) and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures. (III) Penalty for misuse of information An officer or employee of the State agency who fails to comply with this clause shall be subject to the sanctions under subsection (l)(2) to the same extent as if such officer or employee were an officer or employee of the United States. (iv) Procedural requirements State agencies requesting information under clause (i) shall adhere to uniform procedures established by the Secretary governing information requests and data matching under this paragraph. (v) Reimbursement of costs The State agency shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this subparagraph. . (e) Improving the sharing of data between the Federal Government and State Medicaid programs (1) In general The Secretary of Health and Human Services (in this subsection referred to as the Secretary Medi-Medi Program (2) Program revisions To improve Medi-Medi Data Match Program participation by States Section 1893(g)(1)(A) of the Social Security Act (42 U.S.C. 1395ddd(g)(1)(A)) is amended— (A) in the matter preceding clause (i), by inserting or otherwise eligible entities (B) in clause (i)— (i) by inserting to review claims data algorithms (ii) by striking service, time, or patient provider, service, time, or patient (C) in clause (ii)— (i) by inserting to investigate and recover amounts with respect to suspect claims appropriate actions (ii) by striking ; and (D) in clause (iii), by striking the period and inserting ; and (E) by adding at end the following new clause: (iv) furthering the Secretary’s design, development, installation, or enhancement of an automated data system architecture— (I) to collect, integrate, and assess data for purposes of program integrity, program oversight, and administration, including the Medi-Medi Program; and (II) that improves the coordination of requests for data from States. . (3) Providing states with data on improper payments made for items or services provided to dual eligible individuals (A) In general The Secretary shall develop and implement a plan that allows each State agency responsible for administering a State plan for medical assistance under title XIX of the Social Security Act access to relevant data on improper or fraudulent payments made under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (B) Dual eligible individual defined In this paragraph, the term dual eligible individual 42 U.S.C. 1395j et seq. 42 U.S.C. 1396 et seq. IV Other Provisions 401. Commission on Improving Patient Directed Health Care (a) Findings Congress finds the following: (1) In order to elevate the role of patient choices in the health care system, the American public must engage in an informed, national, public debate on how the current health care system empowers and informs health care decision-making, and what can be done to improve the likelihood patients receive the care they want and need. (2) Research suggests that patients often do not receive the care they want. As a result, the end of life is associated with a substantial burden of suffering by the patient and negative health and financial consequences that extend to family members and society. (3) Patients face a complex and fragmented health care system that may decrease the likelihood that health care choices are known and carried out. The health care system should embed principles that take into account patient wishes. (4) Decisions concerning health care, including end-of-life issues, affect an increasing number of Americans. (5) Medical advances are prolonging life expectancy in the United States both in acute life-threatening situations and protracted battles with illness. These advances raise new challenges surrounding health care decision-making. (6) The United States health care system should promote consideration of a person’s preference in health care decision-making and end-of-life choices. (b) Commission The Social Security Act is amended by inserting after section 1150B ( 42 U.S.C. 1320b–24 1150C. Commission on Improving Patient Directed Health Care (a) Purposes The purposes of this section are to— (1) provide a forum for a nationwide public debate on improving patient self-determination in health care decision-making; (2) identify strategies that ensure every American has the health care they want; and (3) provide recommendations to Congress that result from the debate. (b) Establishment The Secretary shall establish an entity to be known as the Commission on Improving Patient Directed Health Care (referred to in this section as the Commission (c) Membership (1) Number and appointment The Commission shall be composed of 15 members. One member shall be the Secretary. The Comptroller General of the United States shall appoint 14 members. (2) Qualifications The membership of the Commission shall include— (A) health care consumers impacted by decision-making in advance of a health care crisis, such as individuals of advanced age, individuals with chronic, terminal and mental illnesses, family care givers, and individuals with disabilities; (B) providers in settings where crucial health care decision-making occurs, such as those working in intensive care settings, emergency room departments, primary care settings, nursing homes, hospice, or palliative care settings; (C) payors ensuring patients get the level of care they want; (D) experts in advance care planning, hospice, palliative care, information technology, bioethics, aging policy, disability policy, pediatric ethics, cultural sensitivity, psychology, and health care financing; (E) individuals who represent culturally diverse perspectives on patient self-determination and end-of-life issues; and (F) members of the faith community. (d) Period of appointment Members of the Commission shall be appointed for the life of the Commission. Any vacancies shall not affect the power and duties of the Commission but shall be filled in the same manner as the original appointment. (e) Designation of the chairperson Not later than 15 days after the date on which all members of the Commission have been appointed, the Comptroller General shall designate the chairperson of the Commission. (f) Subcommittees The Commission may establish subcommittees if doing so increases the efficiency of the Commission in completing tasks. (g) Duties (1) Hearings Not later than 90 days after the date of designation of the chairperson under subsection (e), the Commission shall hold no fewer than 8 hearings to examine— (A) the current state of health care decision-making and advance care planning laws in the United States at the Federal level and across the States, as well as options for improving advance care planning tools, especially with regard to use, portability, and storage; (B) consumer-focused approaches that educate the American public about patient choices, care planning, and other end-of-life issues; (C) the use of comprehensive, patient-centered care plans by providers, the impact care plans have on health care delivery and spending, and methods to expand the use of high quality care planning tools in both public and private health care systems; (D) the role of electronic medical records and other technologies in improving patient-directed health care; (E) innovative tools for improving patient experience with advanced illness, such as palliative care, hospice, and other models; (F) the role social determinants of health, such as socio-economic status, play in patient self-direction in health care; (G) the use of culturally-competent tools for health care decision-making; (H) strategies for educating providers and increasing provider engagement on care planning, palliative care, hospice care, and other issues surrounding honoring patient choices; (I) the sociological and psychological factors that influence health care decision-making and end-of-life choices; and (J) the role of spirituality and religion in patient self-determination in health care. (2) Additional hearings The Commission may hold additional hearings on subjects other than those listed in paragraph (1) so long as such hearings are determined necessary by the Commission in carrying out the purposes of this section. Such additional hearings do not have to be completed within the time period specified but shall not delay the other activities of the Commission under this section. (3) Number and location of hearings and additional hearings The Commission shall hold no fewer than 8 hearings as indicated in paragraph (1) and in sufficient number in order to receive information that reflects— (A) the geographic differences throughout the United States; (B) diverse populations; and (C) a balance among urban and rural populations. (4) Interactive technology The Commission may encourage public participation in hearings through interactive technology and other means as determined appropriate by the Commission. (5) Report to the american people on patient directed health care Not later than 90 days after the hearings described in paragraphs (1) and (2) are completed, the Commission shall prepare and make available to health care consumers through the Internet and other appropriate public channels, a report to be entitled, Report to the American People on Patient Directed Health Care (A) a summary of— (i) the hearings described in such paragraphs; (ii) how the current health care system empowers and informs decision-making in advance of a health care crisis; (iii) factors that contribute to the provision of health care that does not adhere to patient wishes; (iv) the impact of care that does not follow patient choices, particularly at the end-of-life, on patients, families, providers, spending, and the health care system; (v) the laws surrounding advance care planning and health care decision-making including issues of portability, use, and storage; (vi) consumer-focused approaches to education of the American public about patient choices, care planning, and other end-of-life issues; (vii) the role of care plans in health care decision-making; (viii) the role of providers in ensuring patients receive the care they want; (ix) the role of electronic medical records and other technologies in improving patient directed health care; (x) the impact of social determinants on patient self-direction in health care services; (xi) the use of culturally competent methods for health care decision-making; (xii) the sociological and psychological factors that influence patient self-determination; and (xiii) the role of spirituality and religion in health care decision-making and end-of-life care; (B) best practices from communities, providers, and payors that document patient wishes and provide health care that adheres to those wishes; and (C) information on educating providers about health care decision-making and end-of-life issues. (6) Interim requirements Not later than 180 days after the date of completion of the hearings, the Commission shall prepare and make available to the public through the Internet and other appropriate public channels, an interim set of recommendations on patient self-determination in health care and ways to improve and strengthen the health care system based on the information and preferences expressed at the community meetings. There shall be a 90-day public comment period on such recommendations. (h) Recommendations Not later than 120 days after the expiration of the public comment period described in subsection (g)(6), the Commission shall submit to Congress and the President a final set of recommendations. The recommendations must be comprehensive and detailed. The recommendations must contain recommendations or proposals for legislative or administrative action as the Commission deems appropriate, including proposed legislative language to carry out the recommendations or proposals. (i) Administration (1) Executive director There shall be an Executive Director of the Commission who shall be appointed by the chairperson of the Commission in consultation with the members of the Commission. (2) Compensation While serving on the business of the Commission (including travel time), a member of the Commission shall be entitled to compensation at the per diem equivalent of the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code, and while so serving away from home and the member’s regular place of business, a member may be allowed travel expenses, as authorized by the chairperson of the Commission. For purposes of pay and employment benefits, rights, and privileges, all personnel of the Commission shall be treated as if they were employees of the Senate. (3) 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 Commission the head of such department or agency shall furnish such information. (4) 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. (j) Detail Not more than 4 Federal Government employees employed by the Department of Labor, 4 Federal Government employees employed by the Social Security Administration, and 8 Federal Government employees employed by the Department of Health and Human Services may be detailed to the Commission under this section without further reimbursement. Any detail of an employee shall be without interruption or loss of civil service status or privilege. (k) 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. (l) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter during the existence of the Commission, the Commission shall report to Congress and make public a detailed description of the expenditures of the Commission used to carry out its duties under this section. (m) Sunset of commission The Commission shall terminate on the date that is 3 years after the date on which all the members of the Commission have been appointed under subsection (c)(1) and appropriations are first made available to carry out this section. (n) Administration review and comments Not later than 45 days after receiving the final recommendations of the Commission under subsection (h), the President shall submit a report to Congress which shall contain— (1) additional views and comments on such recommendations; and (2) recommendations for such legislation and administrative action as the President considers appropriate. (o) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section, $3,000,000 for each of fiscal years 2014 and 2015. (2) Report to the American people on patient directed health care There are authorized to be appropriated for the preparation and dissemination of the Report to the American People on Patient Directed Health Care described in subsection (g)(5), $1,000,000 for the fiscal year in which the report is required to be submitted. . 402. Expansion of the definition of inpatient hospital services for certain cancer hospitals Section 1861(b) of the Social Security Act ( 42 U.S.C. 1395x(b) (1) in paragraph (3)— (A) by inserting (A) (3) (B) by adding and (C) by adding at the end the following new subparagraph: (B) subject to the third sentence of this subsection, with respect to a hospital that— (i) is described in section 1886(d)(1)(B)(v); and (ii) as of the date of the enactment of the Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 412.22(e) 412.22(f) items and services described in paragraphs (1) and (2) furnished on or after October 1, 2014, by such hospital described in section 1886(d)(1)(B)(v) or by others under arrangements with them made by the hospital; ; and (2) by adding at the end the following new flush sentence: Paragraph (3)(B) shall only apply to payments with respect to the total number of the hospital’s patient days at any satellite of the hospital or such days at another hospital providing services under arrangements to the hospital, determined as of the date of the enactment of the Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 . 403. Quality measures for certain post-acute care providers relating to notice and transfer of patient health information and patient care preferences (a) Development The Secretary of Health and Human Services (in this section referred to as the Secretary 42 U.S.C. 1395 et seq. (b) Use of measure developers The Secretary shall arrange for the development of such measures by appropriate measure developers. (c) Endorsement The Secretary shall arrange for such developed measures to be submitted for endorsement to a consensus-based entity as described in section 1890(a) of the Social Security Act ( 42 U.S.C. 1395aaa(a) (d) Use of measures The Secretary shall, through notice and comment rulemaking, use such measures under the quality reporting programs with respect to— (1) inpatient hospitals under section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)); (2) skilled nursing facilities under section 1888(e) of such Act ( 42 U.S.C. 1395yy(e) (3) home health services under section 1895(b)(3)(B)(v) of such Act ( 42 U.S.C. 1395fff(b)(3)(B)(v) (4) other providers of services (as defined in section 1861(u) of such Act) and suppliers (as defined in section 1861(d) of such Act) that the Secretary determines appropriate. 404. Criteria for medically necessary, short inpatient hospital stays (a) In general The Secretary of Health and Human Services shall consult with, and seek input from, interested stakeholders to determine appropriate criteria for payment under the Medicare program under title XVIII of the Social Security Act of an inpatient hospital admission that— (1) is medically necessary; and (2) is an inpatient hospital stay that is less than two midnights, as described in section 412.3 of title 42, Code of Federal Regulation, as finalized in the final rule published by the Centers for Medicare & Medicaid Services in the Federal Register on August 19, 2013 (78 Federal Register 50496) entitled Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status (b) Interested stakeholders In subsection (a), the term interested stakeholders (1) Hospitals. (2) Physicians (3) Medicare administrative contractors under section 1874A of the Social Security Act (42 U.S.C. 1395kk–1). (4) Recovery audit contractors under section 1893(h) of such Act ( 42 U.S.C. 1395ddd(h) (5) Other parties determined appropriate by the Secretary. 405. Transparency of reasons for excluding additional procedures from the Medicare ambulatory surgical center (ASC) approved list Section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) In updating such lists for application in years beginning after December 31, 2014, for each procedure that was not proposed but was requested to be included on such lists during the public comment where the Secretary does not finalize (in the final rule updating such lists) to so include, the Secretary shall describe in such final rule the specific safety criteria for not including such requested procedure on such lists. 406. Supervision in critical access hospitals (a) General supervision in critical access hospitals Section 1834(g) of the Social Security Act ( 42 U.S.C. 1395m(g) (6) Supervision In the case of services furnished on or after the date of the enactment of this paragraph, the level of supervision with respect to outpatient therapeutic critical access hospital services shall be general supervision (as defined by the Secretary) unless the Secretary specifies otherwise for a particular service. . (b) Supervision of cardiac and pulmonary rehabilitation programs in critical access hospitals Section 1861(eee)(2)(B) of the Social Security Act ( 42 U.S.C. 1395x(eee)(2)(B) (or, in the case of a critical access hospital, a physician, or (beginning on the date of enactment of the Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014 a physician 407. Requiring State licensure of bidding entities under the competitive acquisition program for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) Section 1847(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(1) (G) Requiring State licensure of bidding entities With respect to rounds of competitions beginning on or after the date of enactment of this subparagraph, the Secretary may only accept a bid from an entity for an area if the entity meets applicable State licensure requirements for such area for all items in such bid for a product category. . 408. Recognition of attending physician assistants as attending physicians To serve hospice patients (a) Recognition of attending physician assistants as attending physicians To serve hospice patients (1) In general Section 1861(dd)(3)(B) of the Social Security Act (42 U.S.C. 1395x(dd)(3)(B)) is amended— (A) by striking or nurse , the nurse (B) by inserting , or the physician assistant (as defined in such subsection) subsection (aa)(5)) (2) Clarification of hospice role of physician assistants Section 1814(a)(7)(A)(i)(I) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(A)(i)(I) or a physician assistant a nurse practitioner (b) Effective date The amendments made by this section shall apply to items and services furnished on or after October 1, 2015. 409. Remote patient monitoring pilot projects (a) Pilot projects (1) In general Not later than 9 months after the date of the enactment of this Act, the Secretary shall conduct pilot projects under title XVIII of the Social Security Act for the purpose of providing incentives to home health agencies to furnish remote patient monitoring services that reduce expenditures under such title. (2) Site requirements (A) Urban and Rural The Secretary shall conduct the pilot projects under this section in both urban and rural areas. (B) Site in a small state The Secretary shall conduct at least 1 of the pilot projects in a State with a population of less than 1,000,000. (b) Medicare beneficiaries within the scope of projects (1) In general The Secretary shall specify the criteria for identifying those Medicare beneficiaries who shall be considered within the scope of the pilot projects under this section for purposes of the application of subsection (c) and for the assessment of the effectiveness of the home health agency in achieving the objectives of this section. (2) Criteria The criteria specified under paragraph (1)— (A) shall include conditions and clinical circumstances, including congestive heart failure, diabetes, and chronic pulmonary obstructive disease, and other conditions determined appropriate by the Secretary; and (B) may provide for the inclusion in the projects of Medicare beneficiaries who begin receiving home health services under title XVIII of the Social Security Act after the date of the implementation of the projects. (c) Incentives (1) Performance targets The Secretary shall establish for each home health agency participating in a pilot project under this section a performance target using one of the following methodologies, as determined appropriate by the Secretary: (A) Adjusted historical performance target The Secretary shall establish for the agency— (i) a base expenditure amount equal to the average total payments made under parts A, B, and D of title XVIII of the Social Security Act for Medicare beneficiaries determined to be within the scope of the pilot project in a base period determined by the Secretary; and (ii) an annual per capita expenditure target for such beneficiaries, reflecting the base expenditure amount adjusted for risk, changes in costs, and growth rates. (B) Comparative performance target The Secretary shall establish for the agency a comparative performance target equal to the average total payments made under such parts A, B, and D during the pilot project for comparable individuals in the same geographic area that are not determined to be within the scope of the pilot project. (2) Payment Subject to paragraph (3), the Secretary shall pay to each home health agency participating in a pilot project a payment for each year under the pilot project equal to a 75 percent share of the total Medicare cost savings realized for such year relative to the performance target under paragraph (1). (3) Limitation on expenditures The Secretary shall limit payments under this section in order to ensure that the aggregate expenditures under title XVIII of the Social Security Act (including payments under this subsection) do not exceed the amount that the Secretary estimates would have been expended if the pilot projects under this section had not been implemented, including any reasonable costs incurred by the Secretary in the administration of the pilot projects. (4) No duplication in participation in shared savings programs A home health agency that participates in any of the following shall not be eligible to participate in the pilot projects under this section: (A) A model tested or expanded under section 1115A of the Social Security Act ( 42 U.S.C. 1315a (B) The independence at home medical practice demonstration program under section 1866E of such Act ( 42 U.S.C. 1395cc–5 (d) Waiver authority The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot projects under this section. (e) Report to Congress Not later than 3 years after the date that the first pilot project under this section is implemented, the Secretary shall submit to Congress a report on the projects. Such report shall contain— (1) a detailed description of the projects, including any changes in clinical outcomes for Medicare beneficiaries under the projects, Medicare beneficiary satisfaction under the projects, utilization of items and services under parts A, B, and D of title XVIII of the Social Security Act by Medicare beneficiaries under the projects, and Medicare per-beneficiary and Medicare aggregate spending under the projects; (2) a detailed description of issues related to the expansion of the projects under subsection (f); (3) recommendations for such legislation and administrative actions as the Secretary considers appropriate; and (4) other items considered appropriate by the Secretary. (f) Expansion If the Secretary determines that any of the pilot projects under this section enhance health outcomes for Medicare beneficiaries and reduce expenditures under title XVIII of the Social Security Act, the Secretary shall initiate comparable projects in additional areas. (g) Payments have no effect on other Medicare payments to home health agencies A payment under this section shall have no effect on the amount of payments that a home health agency would otherwise receive under title XVIII of the Social Security Act for the provision of home health services. (h) Study and report on the appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule (1) Study The Secretary shall conduct a study on the appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (2) Report Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under paragraph (1), together with such recommendations as the Secretary determines appropriate. (i) Definitions In this section: (1) Home health agency The term home health agency 42 U.S.C. 1395x(o) (2) Remote patient monitoring services (A) In general The term remote patient monitoring services (i) shall include patient monitoring or patient assessment; and (ii) may include in-home technology-based professional consultations, patient training services, clinical observation, treatment, and any additional services that utilize technologies specified by the Secretary. (B) Limitation The term remote patient monitoring services (3) Remote patient monitoring technology The term remote patient monitoring technology (4) Secretary The term Secretary 410. Community-Based Institutional Special Needs Plan Demonstration Program (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Establishment The Secretary shall enter into agreements with not more than 5 specialized MA plans for special needs individuals, as defined in section 1859(b)(6)(B)(i) of the Social Security Act ( 42 U.S.C. 1395w–28(b)(6)(B)(i) 42 U.S.C. 1395w-22(a)(3) (1) the Secretary determines appropriate for the purposes of the CBI-SNP demonstration program; and (2) for which payment may be made under the State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) of the State in which the targeted low-income Medicare beneficiary is located. (c) Eligible plans To be eligible to participate in the CBI-SNP demonstration program, a specialized MA plan for special needs individuals must— (1) serve special needs individuals (as defined in section 1859(b)(6)(B)(i) of the Social Security Act ( 42 U.S.C. 1395w–28(b)(6)(B)(i) (2) have experience in offering special needs plans for nursing home-eligible, non-institutionalized Medicare beneficiaries who live in the community; (3) be located in a State that the Secretary has determined will participate in the CBI-SNP demonstration program by agreeing to make available data necessary for purposes of conducting the independent evaluation required under subsection (f); and (4) meet such other criteria as the Secretary may require. (d) Targeted low-income Medicare beneficiary defined In this section, the term targeted low-income Medicare beneficiary (1) is enrolled in a specialized MA plan for special needs individuals that has been selected to participate in the CBI-SNP demonstration program; (2) is a subsidy eligible individual (as defined in section 1860D–14(a)(3)(A) of the Social Security Act ( 42 U.S.C. 1395w-114(a)(3)(A) (3) is unable to perform 2 or more activities of daily living (as defined in section 7702B(c)(2)(B) of the Internal Revenue Code of 1986). (e) Implementation deadline; duration The CBI-SNP demonstration program shall be implemented not later than January 1, 2016, and shall be conducted for a period of 3 years. (f) Independent evaluation and reports (1) Independent evaluation Not later than 2 years after the completion of the CBI-SNP demonstration program, the Secretary shall provide for the evaluation of the CBI-SNP demonstration program by an independent third party. The evaluation shall determine whether the CBI-SNP demonstration program has improved patient care and quality of life for the targeted low-income Medicare beneficiaries participating in the CBI-SNP demonstration program. Specifically, the evaluation shall determine if the CBI-SNP demonstration program has— (A) reduced hospitalizations or re-hospitalizations; (B) reduced Medicaid nursing home facility stays; and (C) reduced spenddown of income and assets for purposes of becoming eligible for Medicaid. (2) Reports Not later than 3 years after the completion of the CBI-SNP demonstration program, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under paragraph (1), together with such recommendations for legislative or administrative action as the Secretary determines appropriate. (g) Funding (1) Funding for implementation For purposes of carrying out the demonstration program under this section (other than the evaluation and report under subsection (f)), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i 42 U.S.C. 1395t (2) Funding for evaluation and report For purposes of carrying out the evaluation and report under subsection (f), the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under such section 1817 and the Federal Supplementary Medical Insurance Trust Fund under such section 1841, in such proportion as the Secretary determines appropriate, of $500,000. (3) Availability Amounts transferred under paragraph (1) or (2) shall remain available until expended. (h) Budget neutrality In conducting the CBI-SNP demonstration program, the Secretary shall ensure that the aggregate payments made by the Secretary do not exceed the amount which the Secretary estimates would have been expended under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396 et seq.) if the CBI-SNP demonstration program had not been implemented. (i) Paperwork Reduction Act Chapter 35 411. Applying CMMI waiver authority to PACE in order to foster innovations (a) CMMI waiver authority Subsection (d)(1) of section 1115A of the Social Security Act ( 42 U.S.C. 1315a (1) by inserting (other than subsections (b)(1)(A) and (c)(5) of section 1894) XVIII (2) by striking and 1903(m)(2)(A)(iii) 1903(m)(2)(A)(iii), and 1934 (other than subsections (b)(1)(A) and (c)(5) of such section) (b) Sense of the Senate It is the sense of the Senate that the Secretary of Health and Human Services should use the waiver authority provided under the amendments made by this section to provide, in a budget neutral manner, programs of all-inclusive care for the elderly (PACE programs) with increased operational flexibility to support the ability of such programs to improve and innovate and to reduce technical and administrative barriers that have hindered enrollment in such programs. 412. Improve and modernize Medicaid data systems and reporting (a) In general The Secretary of Health and Human Services shall implement a strategic plan to increase the usefulness of data about State Medicaid programs reported by States to the Centers for Medicare & Medicaid Services. The strategic plan shall address redundancies and gaps in Medicaid data systems and reporting through improvements to, and modernization of, computer and data systems. Areas for improvement under the plan shall include (but not be limited to) the following: (1) The reporting of encounter data by managed care plans. (2) The timeliness and quality of reported data, including enrollment data. (3) The consistency of data reported from multiple sources. (4) Information about State program policies. (b) Implementation status report Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the status of the implementation of the strategic plan required under subsection (a). (c) Authorization of appropriations There is authorized to be appropriated to the Secretary of Health and Human Services for the period of fiscal years 2015 through 2019, such sums as may be necessary to carry out this section. 413. Fairness in Medicaid supplemental needs trusts (a) In general Section 1917(d)(4)(A) of the Social Security Act ( 42 U.S.C. 1396p(d)(4)(A) the individual, for the benefit of such individual by (b) Effective date The amendment made by subsection (a) shall apply to trusts established on or after the date of the enactment of this Act. 414. Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians (a) Including podiatrists as physicians under the Medicaid program (1) In general Section 1905(a)(5)(A) of the Social Security Act ( 42 U.S.C. 1396d(a)(5)(A) section 1861(r)(1) paragraphs (1) and (3) of section 1861(r) (2) Effective date (A) In general Except as provided in subparagraph (B), the amendment made by paragraph (1) shall apply to services furnished on or after the date of enactment of this Act. (B) Extension of effective date for State law amendment In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (b) Modifications to requirements for diabetic shoes to be included under medical and other health services under Medicare (1) In general Section 1861(s)(12) of the Social Security Act ( 42 U.S.C. 1395x(s)(12) (12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes (in this paragraph referred to as therapeutic shoes (A) the physician who is managing the individual’s diabetic condition— (i) documents that the individual has diabetes; (ii) certifies that the individual is under a comprehensive plan of care related to the individual’s diabetic condition; and (iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have such extra-depth shoes with inserts or custom molded shoes with inserts; (B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who— (i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and (ii) communicates in writing the medical necessity to the physician described in subparagraph (A) for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre-ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and (C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area); . (2) Effective date The amendment made by paragraph (1) shall apply with respect to items and services furnished on or after January 1, 2015. 415. Demonstration programs to improve community mental health services (a) Criteria for certified community behavioral health clinics to participate in demonstration programs (1) Publication Not later than September 1, 2015, the Secretary shall publish criteria for a clinic to be certified by a State as a certified community behavioral health clinic for purposes of participating in a demonstration program conducted under subsection (d). (2) Requirements The criteria published under this subsection shall include criteria with respect to the following: (A) Staffing Staffing requirements, including criteria that staff have diverse disciplinary backgrounds, have necessary State-required license and accreditation, and are culturally and linguistically trained to serve the needs of the clinic's patient population. (B) Availability and accessibility of services Availability and accessibility of services, including crisis management services that are available and accessible 24 hours a day, the use of a sliding scale for payment, and no rejection for services or limiting of services on the basis of a patient's ability to pay or a place of residence. (C) Care coordination Care coordination, including requirements to coordinate care across settings and providers to ensure seamless transitions for patients across the full spectrum of health services including acute, chronic, and behavioral health needs. Care coordination requirements shall include partnerships or formal contracts with the following: (i) Federally-qualified health centers (and as applicable, rural health clinics) to provide Federally-qualified health center services (and as applicable, rural health clinic services) to the extent such services are not provided directly through the certified community behavioral health clinic. (ii) Inpatient psychiatric facilities and substance use detoxification, post-detoxification step-down services, and residential programs. (iii) Other community or regional services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies and facilities, Indian Health Service youth regional treatment centers, State licensed and nationally accredited child placing agencies for therapeutic foster care service, and other social and human services. (iv) Department of Veterans Affairs medical centers, independent outpatient clinics, drop-in centers, and other facilities of the Department as defined in section 1801 of title 38, United States Code. (v) Inpatient acute care hospitals and hospital outpatient clinics. (D) Scope of services Provision (in a manner reflecting person-centered care) of the following services which, if not available directly through the certified community behavioral health clinic, are provided or referred through formal relationships with other providers: (i) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. (ii) Screening, assessment, and diagnosis, including risk assessment. (iii) Patient-centered treatment planning or similar processes, including risk assessment and crisis planning. (iv) Outpatient mental health and substance use services. (v) Outpatient clinic primary care screening and monitoring of key health indicators and health risk. (vi) Targeted case management. (vii) Psychiatric rehabilitation services. (viii) Peer support and counselor services and family supports. (ix) Intensive, community-based mental health care for members of the armed forces and veterans, particularly those members and veterans located in rural areas, provided the care is consistent with minimum clinical mental health guidelines promulgated by the Veterans Health Administration including clinical guidelines contained in the Uniform Mental Health Services Handbook of such Administration. (E) Quality and other reporting Reporting of encounter data, clinical outcomes data, quality data, and such other data as the Secretary requires. (F) Organizational authority Criteria that a clinic be a non-profit or part of a local government behavioral health authority or operated under the authority of the Indian Health Service, an Indian tribe or tribal organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination Act ( 25 U.S.C. 450 et seq. (b) Guidance on development of prospective payment system for testing under demonstration programs (1) In general Not later than September 1, 2015, the Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, shall issue guidance for the establishment of a prospective payment system that shall only apply to medical assistance for mental health services furnished by a certified community behavioral health clinic participating in a demonstration program under subsection (d). (2) Requirements The guidance issued by the Secretary under paragraph (1) shall provide that— (A) no payment shall be made for inpatient care, residential treatment, room and board expenses, or any other non-ambulatory services, as determined by the Secretary; and (B) no payment shall be made to satellite facilities of certified community behavioral health clinics if such facilities are established after the date of enactment of this Act. (c) Planning grants (1) In general Not later than January 1, 2016, the Secretary shall award planning grants to States for the purpose of developing proposals to participate in time-limited demonstration programs described in subsection (d). (2) Use of funds A State awarded a planning grant under this subsection shall— (A) solicit input with respect to the development of such a demonstration program from patients, providers, and other stakeholders; (B) certify clinics as certified community behavioral health clinics for purposes of participating in a demonstration program conducted under subsection (d); and (C) establish a prospective payment system for mental health services furnished by a certified community behavioral health clinic participating in a demonstration program under subsection (d) in accordance with the guidance issued under subsection (b). (d) Demonstration programs (1) In general Not later than September 1, 2017, the Secretary shall select States to participate in demonstration programs that are developed through planning grants awarded under subsection (c), meet the requirements of this subsection, and represent a diverse selection of geographic areas, including rural and underserved areas. (2) Application requirements (A) In general The Secretary shall solicit applications to participate in demonstration programs under this subsection solely from States awarded planning grants under subsection (c). (B) Required information An application for a demonstration program under this subsection shall include the following: (i) The target Medicaid population to be served under the demonstration program. (ii) A list of participating certified community behavioral health clinics. (iii) Verification that the State has certified a participating clinic as a certified community behavioral health clinic in accordance with the requirements of subsection (b). (iv) A description of the scope of the mental health services available under the State Medicaid program that will be paid for under the prospective payment system tested in the demonstration program. (v) Verification that the State has agreed to pay for such services at the rate established under the prospective payment system. (vi) Such other information as the Secretary may require relating to the demonstration program including with respect to determining the soundness of the proposed prospective payment system. (3) Number and length of demonstration programs Not more than 8 States shall be selected for 4-year demonstration programs under this subsection. (4) Requirements for selecting demonstration programs (A) In general The Secretary shall give preference to selecting demonstration programs where participating certified community behavioral health clinics— (i) provide the most complete scope of services described in subsection (a)(2)(D) to individuals eligible for medical assistance under the State Medicaid program; (ii) will improve availability of, access to, and participation in, services described in subsection (a)(2)(D) to individuals eligible for medical assistance under the State Medicaid program; (iii) will improve availability of, access to, and participation in assisted outpatient mental health treatment in the State; or (iv) demonstrate the potential to expand available mental health services in a demonstration area and increase the quality of such services without increasing net Federal spending. (5) Payment for medical assistance for mental health services provided by certified community behavioral health clinics (A) In general The Secretary shall pay a State participating in a demonstration program under this subsection the Federal matching percentage specified in subparagraph (B) for amounts expended by the State to provide medical assistance for mental health services described in the demonstration program application in accordance with paragraph (2)(B)(iv) that are provided by certified community behavioral health clinics to individuals who are enrolled in the State Medicaid program. Payments to States made under this paragraph shall be considered to have been under, and are subject to the requirements of, section 1903 of the Social Security Act (42 U.S.C. 1396b). (B) Federal matching percentage The Federal matching percentage specified in this subparagraph is with respect to medical assistance described in subparagraph (A) that is furnished— (i) to a newly eligible individual described in paragraph (2) of section 1905(y) of the Social Security Act ( 42 U.S.C. 1396d(y) (ii) to an individual who is not a newly eligible individual (as so described) but who is eligible for medical assistance under the State Medicaid program, the enhanced FMAP applicable to the State. (C) Limitations (i) In general Payments shall be made under this paragraph to a State only for mental health services— (I) that are described in the demonstration program application in accordance with paragraph (2)(B)(iv); (II) for which payment is available under the State Medicaid program; and (III) that are provided to an individual who is eligible for medical assistance under the State Medicaid program. (ii) Prohibited payments No payment shall be made under this paragraph— (I) for inpatient care, residential treatment, room and board expenses, or any other non-ambulatory services, as determined by the Secretary; or (II) with respect to payments made to satellite facilities of certified community behavioral health clinics if such facilities are established after the date of enactment of this Act. (6) Waiver of statewideness requirement The Secretary shall waive section 1902(a)(1) of the Social Security Act ( 42 U.S.C. 1396a(a)(1) (7) Annual reports (A) In general Not later than 1 year after the date on which the first State is selected for a demonstration program under this subsection, and annually thereafter, the Secretary shall submit to Congress an annual report on the use of funds provided under all demonstration programs conducted under this subsection. Each such report shall include— (i) an assessment of access to community-based mental health services under the Medicaid program in the area or areas of a State targeted by a demonstration program compared to other areas of the State; (ii) an assessment of the quality and scope of services provided by certified community behavioral health clinics compared to community-based mental health services provided in States not participating in a demonstration program under this subsection and in areas of a demonstration State that are not participating in the demonstration program; and (iii) an assessment of the impact of the demonstration programs on the Federal and State costs of a full range of mental health services (including inpatient, emergency and ambulatory services). (B) Recommendations Not later than December 31, 2021, the Secretary shall submit to Congress recommendations concerning whether the demonstration programs under this section should be continued, expanded, modified, or terminated. (e) Definitions In this section: (1) Federally-qualified health center services; Federally-qualified health center; rural health clinic services; rural health clinic The terms Federally-qualified health center services Federally-qualified health center rural health clinic services rural health clinic (2) Enhanced FMAP The term enhanced FMAP 42 U.S.C. 1397dd(b) (3) Secretary The term Secretary (4) State The term State 42 U.S.C. 1396 et seq. (f) Funding (1) In general Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary— (A) for purposes of carrying out subsections (a), (b), and (d)(7), $2,000,000 for fiscal year 2014; and (B) for purposes of awarding planning grants under subsection (c), $25,000,000 for fiscal year 2016. (2) Availability Funds appropriated under paragraph (1) shall remain available until expended. 416. Annual Medicaid DSH report Section 1923 of the Social Security Act ( 42 U.S.C. 1396r–4 (k) Annual report to Congress (1) In general Beginning January 1, 2015, and annually thereafter, the Secretary shall submit a report to Congress on the program established under this section for making payment adjustments to disproportionate share hospitals for the purpose of providing Congress with information relevant to determining an appropriate level of overall funding for such payment adjustments during and after the period in which aggregate reductions in the DSH allotments to States are required under paragraphs (7) and (8) of subsection (f). (2) Required report information Except as otherwise provided, each report submitted under this subsection shall include the following: (A) Information and data relating to changes in the number of uninsured individuals for the most recent year for which such data are available as compared to 2013 and as compared to the Congressional Budget Office estimates of uninsured individuals made at the time of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152 (B) Information and data relating to the extent to which hospitals continue to incur uncompensated care costs from providing unreimbursed or under-reimbursed services to individuals who either are eligible for medical assistance under the State plan under this title or under a waiver of such plan or who have no health insurance (or other source of third party coverage) for such services. (C) Information and data relating to the extent to which hospitals continue to provide charity care and unreimbursed or under-reimbursed services, or otherwise incur bad debt, under the program established under this title, the State Children's Health Insurance Program established under title XXI, and State or local indigent care programs, as reported on cost reports submitted under title XVIII or such other data as the Secretary determines appropriate. (D) In the first report submitted under this section, a methodology for estimating the amount of unpaid patient deductibles, copayments and coinsurance incurred by hospitals for patients enrolled in qualified health plans through an American Health Benefits Exchange, using existing data and minimizing the administrative burden on hospitals to the extent possible, and in subsequent reports, data regarding such uncompensated care costs collected pursuant to such methodology. (E) For each State, information and data relating to the difference between the DSH allotment for the State for the fiscal year that began on October 1 of the year preceding the year in which the report is submitted and the aggregate amount of uncompensated care costs for all disproportionate share hospitals in the State. (F) Information and data relating to the extent to which there are certain vital hospital systems that are disproportionately experiencing high levels of uncompensated care and that have multiple other missions, such as a commitment to graduate medical education, the provision of tertiary and trauma care services, providing public health and essential community services, and providing comprehensive, coordinated care. (G) Such other information and data relevant to the determination of the level of funding for, and amount of, State DSH allotments as the Secretary determines appropriate (3) Authorization of appropriations There is authorized to be appropriated to the Secretary for the period of fiscal years 2015 through 2019, such sums as may be necessary to carry out this subsection. . 417. Implementation To the extent the Secretary of Health and Human Services issues a regulation to carry out the provisions of this Act, the Secretary shall, unless otherwise specified in this Act— (1) issue a notice of proposed rulemaking that includes the proposed regulation; (2) provide a period of not less than 60 calendar days for comments on the proposed regulation; (3) not more than 24 months following the date of publication of the proposed rule, publish the final regulation or take alternative action (such as withdrawing the rule or proposing a revised rule with a new comment period) on the proposed regulation; and (4) not less than 30 days before the effective date of the final regulation, publish the final regulation or take alternative action (such as withdrawing the rule or proposing a revised rule with a new comment period) on the proposed regulation. V Amendment to OCO adjustments 501. Amendment to OCO adjustments Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 (1) in subsection (a), by striking paragraph (2) and inserting the following: (2) Eliminating a breach (A) In general Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category. (B) Overseas contingencies Any amount of budget authority designated as for Overseas Contingency Operations/Global War on Terrorism for any of fiscal years 2016 through 2021 in excess of the levels set in subsection (b)(2)(E) shall be counted in determining whether a breach has occurred in the revised security category during the fiscal year. ; and (2) in subsection (b)(2)— (A) in subparagraph (A)(ii), by inserting for fiscal years 2012 through 2015, the Congress (B) by adding at the end the following: (E) Overseas contingency operations/global war on terrorism If, for fiscal years 2016 through 2021, appropriations for discretionary accounts are enacted that Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by account basis and the President subsequently so designates, the adjustment for the fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for Overseas Contingency Operations/Global War on Terrorism, but not to exceed— (i) for fiscal year 2016, $84,937,000,000 in additional new budget authority; (ii) for fiscal year 2017, $77,292,000,000 in additional new budget authority; (iii) for fiscal year 2018, $69,950,000,000 in additional new budget authority; (iv) for fiscal year 2019, $63,304,000,000 in additional new budget authority; (v) for fiscal year 2020, $57,227,000,000 in additional new budget authority; and (vi) for fiscal year 2021, $51,733,000,000 in additional new budget authority. . 502. Limitation on the use of OCO funding (a) In general It is the sense of Congress that— (1) the annual adjustments established under section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(A)(ii) (2) the requirements for designating funding as for overseas contingency operations provided for under such section should remain fully in effect. (b) Savings for deficit reduction It is the sense of the Congress that savings after the date of enactment of this Act from any reductions in the annual adjustments established under section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(A)(ii) (c) Rule of construction Nothing in this Act shall be construed to modify or eliminate any point of order that would otherwise be available against legislation that establishes or modifies any limit or adjustment to a limit on discretionary spending. March 26, 2014 Read the second time and placed on the calendar

Commonsense Medicare SGR Repeal and Beneficiary Access Improvement Act of 2014

Restoration of America's Wire Act - Amends provisions of the federal criminal code, commonly known as the Wire Act, to provide that the prohibition against transmission of wagering information shall apply to any bet or wager, or information assisting in the placing of any bet or wager (thus making such prohibition applicable to all types of gambling activities, including Internet gambling). States that nothing in this Act shall be construed to: (1) preempt any state law prohibiting gambling; or (2) alter, limit, or extend the relationship between the Interstate Horseracing Act of 1978 and other federal laws currently in effect, the ability of a state licensed lottery retailer to make in-person, computer-generated retail lottery sales, or the relationship between federal laws and state charitable gaming laws.

113 S2159 IS: Restoration of America's Wire Act U.S. Senate 2014-03-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2159 IN THE SENATE OF THE UNITED STATES March 26, 2014 Mr. Graham Mr. Lee Ms. Ayotte Mrs. Feinstein Committee on the Judiciary A BILL To restore long-standing United States policy that the Wire Act prohibits all forms of Internet gambling, and for other purposes. 1. Short title This Act may be cited as the Restoration of America's Wire Act 2. Wire Act clarification Section 1084 (1) in subsection (a)— (A) by striking bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, any bet or wager, or information assisting in the placing of any bet or wager, (B) by striking result of bets or wagers result of any bet or wager (C) by striking placing of bets or wagers placing of any bet or wager (2) by striking subsection (e) and inserting the following: (e) As used in this section— (1) the term bet or wager (2) the term State (3) the term uses a wire communication facility for the transmission in interstate or foreign commerce of any bet or wager (4) the term wire communication 47 U.S.C. 153 . 3. Rule of construction Nothing in this Act, or the amendments made by this Act, shall be construed— (1) to preempt any State law prohibiting gambling; or (2) to alter, limit, or extend— (A) the relationship between the Interstate Horseracing Act of 1978 ( 15 U.S.C. 3001 et seq. (B) the ability of a State licensed lottery retailer to make in-person, computer-generated retail lottery sales under applicable Federal and State laws in effect on the date of the enactment of this Act; or (C) the relationship between Federal laws and State charitable gaming laws in effect on the date of the enactment of this Act.

Restoration of America's Wire Act

Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit any foster care placement over which an Indian tribe has exclusive jurisdiction from being ordered until the tribal social services agency: (1) completes an investigation of the character of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the standards of character the tribe is required to establish. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to such character investigation. Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry. Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual: (1) has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs; or (2) is listed on a child abuse and neglect registry in the state where the individual resides or resided within the preceding five years. Excepts emergency foster care placements from such requirements. Requires each Indian tribe to establish procedures to recertify homes or institutions in which foster care placements are made. Directs the Secretary of the Interior to promulgate a regulation establishing: (1) procedures for investigating the character of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the character investigation, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act.

113 S2160 IS: Native American Children's Safety Act U.S. Senate 2014-03-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2160 IN THE SENATE OF THE UNITED STATES March 26, 2014 Mr. Hoeven Mr. Tester Mr. Barrasso Ms. Heitkamp Committee on Indian Affairs A BILL To amend the Indian Child Protection and Family Violence Prevention Act to require background checks before foster care placements are ordered in tribal court proceedings, and for other purposes. 1. Short title This Act may be cited as the Native American Children's Safety Act 2. Character investigations Section 408 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3207) is amended by adding at the end the following: (d) By tribal social services agency for foster care placements in tribal court proceedings (1) Definitions In this subsection: (A) Covered individual The term covered individual (i) any individual 18 years of age or older; and (ii) any individual who an Indian tribe described in paragraph (2)(A) determines is subject to a character investigation under that paragraph. (B) Foster care placement The term foster care placement (i) the parent or Indian custodian cannot have the child returned on demand; and (ii) parental rights have not been terminated. (C) Indian custodian The term Indian custodian (i) who has legal custody of an Indian child under tribal law or custom or under State law; or (ii) to whom temporary physical care, custody, and control has been transferred by the parent of the child. (D) Parent The term parent (i) any biological parent of an Indian child; or (ii) any Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom. (E) Tribal court The term tribal court (i) with jurisdiction over foster care placements; and (ii) that is— (I) a Court of Indian Offenses; (II) a court established and operated under the code or custom of an Indian tribe; or (III) any other administrative body of a tribe that is vested with authority over foster care placements. (F) Tribal social services agency The term tribal social services agency (2) Character investigations before placement (A) In general Except as provided in paragraph (3), no foster care placement shall be ordered in any proceeding over which an Indian tribe has exclusive jurisdiction until the tribal social services agency— (i) completes an investigation of the character of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made; and (ii) concludes that each covered individual described in clause (i) meets such standards of character as the Indian tribe shall establish in accordance with subparagraph (B). (B) Standards of character The standards of character described in subparagraph (A)(ii) shall include— (i) requirements that each tribal social services agency described in subparagraph (A)— (I) perform criminal records checks, including fingerprint-based checks of national crime information databases (as defined in section 534(f)(3) (II) check any child abuse and neglect registry maintained by the State in which the covered individual resides for information on the covered individual, and request any other State in which the covered individual resided in the preceding 5 years, to enable the tribal social services agency to check any child abuse and neglect registry maintained by that State for such information; and (ii) any other additional requirement that the Indian tribe determines is necessary. (C) Results Except as provided in paragraph (3), no foster care placement shall be ordered in any proceeding described in subparagraph (A) if an investigation described in clause (i) of that subparagraph reveals that a covered individual described in that clause— (i) has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 471(a)(20)(A) of the Social Security Act (42 U.S.C. 671(a)(20)(A)); or (ii) is listed on a registry described in subparagraph (B)(i)(II). (D) Deadline Except as provided in paragraph (3), the tribal social services agency shall satisfy the requirements of clauses (i) and (ii) of subparagraph (A) not later than 14 days after the date on which the proceeding described in subparagraph (A) commences. (3) Emergency placement Paragraph (2) shall not apply to an emergency foster care placement, as determined by an Indian tribe described in paragraph (2)(A). (4) Recertification of foster homes or institutions (A) In general Not later than 180 days after the date of enactment of this subsection, each Indian tribe shall establish procedures to recertify homes or institutions in which foster care placements are made. (B) Contents The procedures described in subparagraph (A) shall include, at a minimum, periodic intervals at which the home or institution shall be subject to recertification to ensure— (i) the safety of the home or institution for the Indian child; and (ii) that each covered individual who resides in the home or is employed at the institution is subject to a character investigation in accordance with this subsection, including any covered individual who— (I) resides in the home or is employed at the institution on the date on which the procedures established under subparagraph (A) commences; and (II) did not reside in the home or was not employed at the institution on the date on which the investigation described in paragraph (2)(A)(i) was completed. (C) Regulations promulgated or guidance issued by the Secretary The procedures established under subparagraph (A) shall be subject to any regulation promulgated or guidance issued by the Secretary that is in accordance with the purpose of this subsection. (5) Regulations Not later than 180 days after the date of enactment of this subsection and after consultation with Indian tribes, the Secretary shall promulgate a regulation regarding— (A) procedures for a character investigation of any covered individual who— (i) resides in the home or is employed at the institution in which the foster care placement is made after the date on which the investigation described in paragraph (2)(A)(i) is completed; and (ii) was not the subject of an investigation described in paragraph (2)(A)(i) before the foster care placement was made; (B) self-reporting requirements for foster care homes or institutions in which any covered individual described in subparagraph (A) resides if the head of the household or the operator of the institution has knowledge that the covered individual— (i) has been found by a Federal, State, or tribal court to have committed any crime listed in clause (i) or (ii) of section 471(a)(20)(A) of the Social Security Act ( 42 U.S.C. 671(a)(20)(A) (ii) is listed on a registry described in paragraph (2)(B)(i)(II); (C) procedures and guidelines for emergency foster care placements under paragraph (3); and (D) procedures for certifying compliance with this Act. .

Native American Children's Safety Act

EPA Employment Impact Analysis Act - Prohibits the Administrator of the Environmental Protection Agency (EPA) from proposing or finalizing any major rule under the Clean Air Act (CAA) until after the Administrator: (1) completes an economy-wide analysis capturing the costs and effects across industry sectors and markets in the United States of the implementation of major rules promulgated under the CAA; and (2) establishes a process to update such analysis at least semiannually, in order to provide for the currently required continuing evaluation of potential loss or shifts in employment.

113 S2161 IS: EPA Employment Impact Analysis Act U.S. Senate 2014-03-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2161 IN THE SENATE OF THE UNITED STATES March 26, 2014 Mr. Inhofe Mr. McConnell Mr. Cornyn Mr. Thune Mr. Barrasso Mr. Blunt Mr. Vitter Mr. Sessions Mr. Crapo Mr. Chambliss Mr. Coats Mr. Coburn Mr. Cruz Mr. Flake Mr. Isakson Mr. Johnson of Wisconsin Mr. Moran Mr. Risch Mr. Scott Mr. Shelby Mr. Enzi Mr. Cochran Mr. Lee Mr. Johanns Mr. Roberts Mr. Grassley Mr. Wicker Mr. Boozman Mr. Burr Mr. Graham Committee on Environment and Public Works A BILL To prohibit the Administrator of the Environmental Protection Agency from issuing any final rule under the Clean Air Act until the date on which the Administrator improves certain employment effect analyses under that Act. 1. Short title This Act may be cited as the EPA Employment Impact Analysis Act 2. Analysis of employment effects under the Clean Air Act (a) Findings Congress finds that— (1) the Environmental Protection Agency has systematically distorted the true impact of regulations promulgated by the Environmental Protection Agency under the Clean Air Act ( 42 U.S.C. 7401 et seq. (2) despite the Environmental Protection Agency finding that the impact of certain air pollution regulations will result in net job creation, implementation of the air pollution regulations will actually require billions of dollars in compliance costs, resulting in reduced business profits and millions of actual job losses; (3) (A) the analysis of the Environmental Protection Agency of the final rule of the Agency entitled National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units (B) a private study conducted by NERA Economic Consulting, using a whole economy (4) (A) the analysis of the Environmental Protection Agency of the final rule of the Agency entitled Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals (B) a private study conducted by NERA Economic Consulting estimated that implementation of the final rule described in subparagraph (A) would result in the elimination of a total of 34,000 jobs during the period beginning in calendar year 2013 and ending in calendar year 2037; (5) (A) the analysis of the Environmental Protection Agency of the final rules of the Agency entitled National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (B) a private study conducted by NERA Economic Consulting estimated that implementation of the final rules described in subparagraph (A) would result in the elimination of 28,000 jobs per year during the period beginning in calendar year 2013 and ending in calendar year 2037; (6) implementation of certain air pollution rules of the Environmental Protection Agency that have not been reviewed, updated, or finalized as of the date of enactment of this Act, such as regulations on greenhouse gas emissions and the update or review of national ambient air quality standards, are predicted to result in significant and negative employment impacts, but the Agency has not yet fully studied or disclosed the full impacts of existing Agency regulations; (7) in reviewing, developing, or updating any regulations promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.) after the date of enactment of this Act, the Environmental Protection Agency must be required to accurately disclose the adverse impact the existing regulations of the Agency will have on jobs and employment levels across the economy in the United States and disclose those impacts to the American people before issuing a final rule; and (8) although since 1977, section 321(a) of the Clean Air Act ( 42 U.S.C. 7621(a) conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of the provision of [the Clean Air Act] and applicable implementation plans, including where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement 42 U.S.C. 7401 et seq. (b) Prohibition The Administrator of the Environmental Protection Agency shall not propose or finalize any major rule (as defined in section 804 (1) completes an economy-wide analysis capturing the costs and cascading effects across industry sectors and markets in the United States of the implementation of major rules promulgated under the Clean Air Act ( 42 U.S.C. 7401 et seq. (2) establishes a process to update that analysis not less frequently than semiannually, so as to provide for the continuing evaluation of potential loss or shifts in employment, pursuant to section 321(a) of the Clean Air Act (42 U.S.C. 7621(a)), that may result from the implementation of major rules under the Clean Air Act ( 42 U.S.C. 7401 et seq.

EPA Employment Impact Analysis Act

21st Century Worker Tax Cut Act - Amends the Internal Revenue Code to: (1) allow married taxpayers with at least one qualifying child under the age of 12 an income-based tax deduction equal to 20% of the lesser of $60,000 or the earned income of the spouse with the lower amount of earned income; (2) increase the amount of the earned income tax credit for taxpayers with no qualifying children; (3) increase the penalty for tax return preparers who fail to comply with due diligence requirements for determining eligibility for the earned income tax credit; (4) extend the limitation on the tax deduction for employee remuneration to current or former officers, directors, or employees of a publicly-held corporation; and (5) include in subpart F income (income of controlled foreign corporations the tax on which may not be deferred) low-taxed cross-border income (gross income of a controlled foreign corporation except income that was derived in the home country of such corporation or was subject to an effective rate of income tax imposed by a foreign country in excess of 15%). 

113 S2162 IS: 21st Century Worker Tax Cut Act U.S. Senate 2014-03-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2162 IN THE SENATE OF THE UNITED STATES March 26, 2014 Mrs. Murray Mr. Reed Mr. Brown Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish a deduction for married couples who are both employed and have young children and to increase the earned income tax credit for childless workers, and to provide for budget offsets. 1. Short title This Act may be cited as the 21 st 2. Deduction for dual-earner families (a) In general Part VII of subchapter B of chapter 1 224. Dual-earner families (a) Deduction allowed In the case of an eligible taxpayer, there shall be allowed as a deduction for the taxable year an amount equal to 20 percent of the lesser of— (1) $60,000, or (2) the earned income of the spouse with the lower amount of earned income for such taxable year. (b) Limitation The amount of the deduction allowable under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to the amount determined under subsection (a) (as determined without regard to this subsection) as the amount of the taxpayer's excess adjusted gross income bears to $20,000. (c) Definitions In this section: (1) Earned income The term earned income (2) Eligible taxpayer (A) In general The term eligible taxpayer (i) files a joint return for the taxable year under section 6013, and (ii) has at least 1 qualifying child (as defined in section 152(c)) who has not attained 12 years of age before the close of the taxable year. (3) Excess adjusted gross income The term excess adjusted gross income (d) Inflation adjustment (1) In general In the case of any taxable year beginning after 2015, each of the dollar amounts in subsections (a)(1) and (c)(3) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2014 calendar year 1992 (2) Rounding If any dollar amount in subsection (a)(1) or (c)(3), after being increased under paragraph (1), is not a multiple of $1,000, such dollar amount shall be rounded to the nearest multiple of $1,000. (e) Additional eligibility requirements (1) Individual claiming benefits under section 911 No deduction shall be allowed under this section if an individual (or the individual's spouse) claims the benefits of section 911 for the taxable year. (2) Non-resident aliens No deduction shall be allowed under this section if an individual (or the individual's spouse) is a nonresident alien individual for any portion of the taxable year unless such individual is treated for such taxable year as a resident of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. (3) Identification number requirement (A) In general No deduction shall be allowed under this section if the eligible taxpayer does not include on the joint return of tax for the taxable year— (i) the taxpayer identification number of the individual and the individual's spouse, and (ii) the name, age, and taxpayer identification number of any qualifying children. (B) Social security numbers For purposes of this paragraph, the term taxpayer identification number (f) Taxable year must be full taxable year Except in the case of a taxable year closed by reason of the death of an individual, no deduction shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. . (b) Deduction allowed in computing adjusted gross income Section 62(a) of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Dual-earner families The deduction allowed by section 224. . (c) Enhancement of earned income tax credit Section 32 of such Code is amended— (1) in subsection (a)(2)(B), by striking earned income modified earned income (as defined in subsection (c)(5)) (2) in subsection (c), by adding at the end the following new paragraph: (5) Modified earned income The term modified earned income . (d) Conforming amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as relating to section 225 and by inserting after the item relating to section 223 the following: Sec. 224. Dual-earner families. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Strengthening the earned income tax credit for individuals with no qualifying children (a) Credit for certain individuals over age 21 (1) In general Paragraph (1) of section 32(c) (G) Special rule for working individuals over age 20 and without qualifying child (i) In general In the case of an individual (or, if the individual is married, either the individual or the individual’s spouse) who— (I) has attained the age of 21 but not attained age 25 before the close of the taxable year, and (II) is not a full-time student at any time during the taxable year, paragraph (1)(A)(ii)(II) shall not apply for purposes of determining whether such individual is an eligible individual. (ii) Student For purposes of this subparagraph, an individual shall be considered a full-time student if such individual is carrying more than 1/2 . (2) Information return matching Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and implement procedures for checking an individual’s claim for a credit under section 32 (b) Increased credit (1) Credit percentage and phaseout percentage The table contained in section 32(b)(1)(A) of such Code is amended by striking 7.65 15.3 (2) Earned income amount and phaseout amount (A) In general The table contained in section 32(b)(2)(A) of such Code is amended— (i) by striking $4,220 $8,820 (ii) by striking $5,280 $10,425 (B) Inflation adjustments Subparagraph (B) of section 32(j)(1) of such Code is amended— (i) by inserting except as provided in clause (iii) in the case of amounts (ii) by striking and , and (iii) in the case of the $8,820 and $10,425 amounts in subsection (b)(2)(A), by substituting calendar year 2014 calendar year 1992 . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 4. Increased penalty for tax return preparers who fail to comply with due diligence requirements for the earned income tax credit (a) In general Section 6695(g) $500 $1,000 (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 5. Expansion of denial of deduction for certain excessive employee remuneration (a) Application to all current and former employees (1) In general Section 162(m) (A) by striking covered employee covered individual (B) by striking such employee such individual (2) Covered individual Paragraph (3) of section 162(m) of such Code is amended to read as follows: (3) Covered individual For purposes of this subsection, the term covered individual . (3) Conforming amendments (A) Section 48D(b)(3)(A) of such Code is amended by inserting (as in effect for taxable years beginning before January 1, 2015) section 162(m)(3) (B) Section 409A(b)(3)(D)(ii) of such Code is amended by inserting (as in effect for taxable years beginning before January 1, 2015) section 162(m)(3) (b) Expansion of applicable employee remuneration (1) Elimination of exception for commission-based pay (A) In general Paragraph (4) of section 162(m) of such Code, as amended by subsection (a), is amended by striking subparagraph (B) and by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively. (B) Conforming amendments (i) Section 162(m)(5) of such Code is amended— (I) by striking subparagraphs (B), (C), and (D) thereof subparagraphs (B) and (C) thereof (II) by striking subparagraphs (F) and (G) subparagraphs (E) and (F) (ii) Section 162(m)(6) of such Code is amended— (I) by striking subparagraphs (B), (C), and (D) thereof subparagraphs (B) and (C) thereof (II) by striking subparagraphs (F) and (G) subparagraphs (E) and (F) (2) Inclusion of performance-based compensation (A) In general Paragraph (4) of section 162(m) of the Internal Revenue Code of 1986, as amended by subsection (a) and paragraph (1) of this subsection, is amended by striking subparagraph (B) and redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively. (B) Conforming amendments (i) Section 162(m)(5) of such Code, as amended by paragraph (1), is amended— (I) by striking subparagraphs (B) and (C) thereof subparagraph (B) thereof (II) by striking subparagraphs (E) and (F) subparagraphs (D) and (E) (ii) Section 162(m)(6) of such Code, as amended by paragraph (1), is amended— (I) by striking subparagraphs (B) and (C) thereof subparagraph (B) thereof (II) by striking subparagraphs (E) and (F) subparagraphs (D) and (E) (c) Expansion of applicable employer Paragraph (2) of section 162(m) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Publicly held corporation For purposes of this subsection, the term publicly held corporation (A) has a class of securities registered under section 12 of such Act ( 15 U.S.C. 78l (B) is required to file reports under section 15(d) of such Act (15 U.S.C. 780(d)). . (d) Regulatory authority (1) In general Section 162(m) (7) Regulations The Secretary may prescribe such guidance, rules, or regulations, including with respect to reporting, as are necessary to carry out the purposes of this subsection. . (2) Conforming amendment Paragraph (6) of section 162(m) of such Code is amended by striking subparagraph (H). (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 6. Low-taxed cross-border foreign income treated as subpart F income (a) In general Subsection (a) of section 952 (3) low-taxed cross-border income (as defined under subsection (e)), . (b) Low-Taxed cross-Border income Section 952 of such Code is amended by adding at the end the following new subsection: (e) Low-Taxed cross-Border income (1) In general For purposes of subsection (a), the term low-taxed cross-border income (A) such income was derived in the home country of the controlled foreign corporation, or (B) such income was subject to an effective rate of income tax imposed by a foreign country in excess of 15 percent. (2) Rules related to income derived in home country For purposes of paragraph (1)(A), income shall be treated as derived in the home country of a controlled foreign corporation only if— (A) such income is derived in the conduct of a trade or business of such corporation in the country in which such corporation is created or organized, (B) such corporation maintains an office or other fixed place of business in such country, and (C) such income is derived in connection with— (i) property which is sold for use, consumption, or disposition in such country, or (ii) services provided with respect to persons or property located in such country. (3) Rules related to determination of effective rate of foreign income tax (A) Country-by-country determination Paragraph (1)(B) shall be applied— (i) separately with respect to each foreign country in which a controlled foreign corporation conducts any trade or business, and (ii) with respect to the aggregate gross income derived with respect to such country. (B) Treatment of losses For purposes of determining the effective rate of income tax imposed by any foreign country under paragraph (1)(B)— (i) such effective rate shall be determined without regard to any losses carried to the relevant taxable year, and (ii) to the extent the income of the controlled foreign corporation reduces losses in the relevant taxable year, such effective rate shall be treated as being the effective rate which would have been imposed on such income without regard to such losses. (4) Deductions to be taken into account The gross income of a controlled foreign corporation taken into account under this subsection shall be reduced, under regulations prescribed by the Secretary, so as to take into account deductions (including taxes) properly allocable to such income. . (c) Effective date The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2014, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end.

21st Century Worker Tax Cut Act

Tyler Clementi Higher Education Anti-Harassment Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require each institution of higher education (IHE) participating in a title IV program (except a foreign school) to include in its annual security report a statement of policy regarding harassment that includes: (1) a prohibition of harassment of students by other students, faculty, and staff; (2) a description of its programs to prevent harassment; (3) a description of the procedures that students should follow if harassment occurs; and (4) a description of the procedures it will follow once an incident of harassment has been reported. Defines "harassment" to include certain conduct undertaken through technological means that limits a student's ability to benefit from the IHE's programs, or creates a hostile or abusive educational environment at the school. Authorizes the Secretary of Education to award competitive grants to IHEs to initiate, expand, or improve programs to: (1) prevent the harassment of students; (2) provide counseling or redress services to students who have been harassed or accused of subjecting other students to harassment; and (3) train students, faculty, or staff to prevent harassment or address harassment if it occurs. Directs the Secretary to publish a report of best practices for combating harassment at IHEs.

113 S2164 IS: Tyler Clementi Higher Education Anti-Harassment Act of 2014 U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2164 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mrs. Murray Ms. Baldwin Mrs. Gillibrand Mr. Casey Mr. Wyden Mr. Blumenthal Mr. Franken Mr. Merkley Committee on Health, Education, Labor, and Pensions A BILL To prevent harassment at institutions of higher education, and for other purposes. 1. Short title This Act may be cited as the Tyler Clementi Higher Education Anti-Harassment Act of 2014 2. Institutional and financial assistance information for students Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) (1) by striking the subsection heading and inserting Disclosure of campus security and harassment policy and campus crime statistics. (2) in paragraph (6)(A)— (A) by redesignating clauses (iii), (iv), and (v), as clauses (vii), (viii), and (ix), respectively; and (B) by inserting after clause (ii) the following: (iii) The term commercial mobile service 47 U.S.C. 332(d) (iv) The term electronic communication (v) The term electronic messaging services 47 U.S.C. 1001 (vi) The term harassment (I) is sufficiently severe, persistent, or pervasive so as to limit a student's ability to participate in or benefit from a program or activity at an institution of higher education, or to create a hostile or abusive educational environment at an institution of higher education; and (II) is based on a student's actual or perceived— (aa) race; (bb) color; (cc) national origin; (dd) sex; (ee) disability; (ff) sexual orientation; (gg) gender identity; or (hh) religion. ; (3) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (4) by inserting after paragraph (8) the following: (9) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding harassment, which shall include— (i) a prohibition of harassment of enrolled students by other students, faculty, and staff— (I) on campus; (II) in noncampus buildings or on noncampus property; (III) on public property; (IV) through the use of electronic mail addresses issued by the institution of higher education; (V) through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; or (VI) during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education; (ii) a description of the institution's programs to combat harassment, which shall be aimed at the prevention of harassment; (iii) a description of the procedures that a student should follow if an incident of harassment occurs; and (iv) a description of the procedures that the institution will follow once an incident of harassment has been reported. (B) The statement of policy described in subparagraph (A) shall address the following areas: (i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. (ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. (iii) Notification of existing counseling, mental health, or student services for victims or perpetrators of harassment, both on campus and in the community. (iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member. . 3. Anti-harassment Competitive Grant program (a) Definitions In this section: (1) Eligible Entity The term eligible entity (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. (2) Harassment The term harassment (3) Secretary The term Secretary (b) Program Authorized The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). (c) Amount of Grant Awards The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. (d) Authorized Activities An eligible entity that receives a grant under this section shall use the funds made available through the grant to address one or more of the types of harassment listed in section 485(f)(6)(A)(vi)(II) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(6)(A)(vi)(II) (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to prevent harassment or ways to address such harassment if it occurs. (e) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require. (f) Duration; Renewal A grant under this section shall be awarded for a period of not more than 3 years. The Secretary may renew a grant under this section for one additional period of not more than 2 years. (g) Award Considerations In awarding a grant under this section, the Secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant. (h) Report and Evaluation (1) Evaluation and Report to the Secretary Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall— (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section in decreasing harassment and improving tolerance; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. (2) Evaluation and Report to Congress Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to Congress a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. (B) The anti-harassment programs being implemented with assistance under this section and the costs of such programs. (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. (3) Best Practices Report The Secretary shall use the information provided under paragraph (1) to publish a report of best practices for combating harassment at institutions of higher education. The report shall be made available to all institutions of higher education and other interested parties. (i) Authorization of Appropriations There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2015 through 2020. 4. Effect on other laws Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq.

Tyler Clementi Higher Education Anti-Harassment Act of 2014

Treating Families Fairly Act - Amend the Internal Revenue Code to provide that an employee who has minimum essential health care coverage under an eligible employer-sponsored plan as the spouse or child of another employee of such employer shall not be counted as a full-time employee of an applicable large employer for purposes of determining whether such employer is subject to the mandate to provide its employees with minimum coverage.

113 S2166 IS: Treating Families Fairly Act U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2166 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Manchin Ms. Heitkamp Ms. Landrieu Mr. Warner Mr. Begich Ms. Klobuchar Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify provisions relating to determinations of full-time equivalent employees for purposes of the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Treating Families Fairly Act 2. Determinations with respect to full-time equivalent employees (a) In general Section 4980H(c)(2) (F) Exemption of certain employees In determining the number of full-time employees of an employer for purposes of this section, an employee that is covered under minimal essential coverage under an eligible employer sponsored plan (as defined in section 5000A(f)(2)) as the spouse or child of another employee who is employed by such employer shall not be counted. . (b) Regulations The Secretary of the Treasury shall promulgate regulations necessary to carry out the amendment made by subsection (a), including providing guidance on the status of employees that leave their present employer or have a family member leave their present employer after an exemption under such amendment has been provided.

Treating Families Fairly Act

Computer Science Career Education Act of 2014 - Directs the Secretary of Education to award competitive grants to consortia composed of at least one local educational agency, at least one institution of higher education (IHE), and community representatives for the development and operation of four- or six-year computer science career education programs. Requires each program to include the development of computer science programs for both secondary and postsecondary education that: are aligned with rigorous computer science standards for kindergarten through grade 12 computer science education; link secondary schools and IHEs through non-duplicative sequences of courses in computer science career fields; use, if appropriate and available, work-based or worksite learning in conjunction with business; use educational technology and distance learning, as appropriate, to involve all members of the consortium more fully in the development and operation of the programs; stay current with business needs, expectations, and methods; and create innovative opportunities for students that lead to student attainment of industry-recognized credentials. Requires each program to also provide: (1) professional development for teachers, (2) career and academic counseling for students, and (3) equal access to the full range of career education programs to members of underrepresented groups and special populations.

113 S2167 IS: Computer Science Career Education Act of 2014 U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2167 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To establish a grant program for career education in computer science. 1. Short title This Act may be cited as the Computer Science Career Education Act of 2014 2. Definitions In this Act: (1) Eligible partnership The term eligible partnership (2) Institution of higher education The term institution of higher education (A) an institution of higher education as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (B) a postsecondary vocational institution as defined in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) (3) Local educational agency The term local educational agency 20 U.S.C. 7801 (4) Secretary The term Secretary (5) State educational agency The term State educational agency 20 U.S.C. 7801 3. Establishment of grant program (a) In general From the amounts appropriated to carry out this section, the Secretary shall award grants, on a competitive basis, to eligible partnerships to enable such partnerships to develop and operate a 4- or 6-year computer science career education program. (b) Application (1) In general Each eligible partnership that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Content Each application submitted under paragraph (1) shall— (A) describe the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner’s ability to support the proposed program; (B) describe how the eligible partnership will implement a computer science career education program, as described in subsection (c); (C) ensure funding under the grant program is spent in a coordinated manner with other local resources; (D) describe the State or local workforce shortages, as determined by the relevant State agency in charge of workforce data, in the computer science sector; (E) make information, including career guidance and advisement resources, available about the program; (F) ensure non-duplication of the partnership's development of computer science career education programs; (G) ensure equitable access to the program; and (H) demonstrate alignment of the partnership's computer science career education program to the State or local computer science sector. (c) Content of computer science career education program An eligible partnership that receives a grant under this Act shall use the grant funds to develop and operate a 4- or 6-year computer science career education program that— (1) includes the development of computer science programs for both secondary education and postsecondary education that— (A) are aligned with rigorous computer science standards for kindergarten through grade 12 computer science education; (B) link secondary schools and institutions of higher education through non-duplicative sequences of courses in computer science career fields, including the investigation of opportunities for secondary students to enroll concurrently in secondary and postsecondary course­work; (C) use, if appropriate and available, work-based or worksite learning in conjunction with business; (D) use educational technology and distance learning, as appropriate, to involve all of the partners in the eligible partnership more fully in the development and operation of the programs; (E) stay current with the needs, expectations, and methods of business; and (F) create innovative opportunities for students that lead to student attainment of industry-recognized credentials; (2) includes professional development for teachers that— (A) is designed to prepare teachers to teach the fundamental concepts of computer science using effective teaching methods for all students; (B) provides for joint training for teachers in the eligible partnership, including between secondary and postsecondary teachers and core academic teachers and career and technical education teachers at both the secondary level and postsecondary level; (C) is designed to ensure that teachers and administrators are aware of current career pathways and the needs and expectations of business and industry; (D) focuses on training postsecondary and secondary education faculty in the use of contextual and applied curricula and instruction; and (E) if needed, ensures secondary school teachers are qualified to teach postsecondary courses in the secondary school according to articulation agreements; (3) includes career and academic counseling for the students that— (A) provides information to students regarding available computer science career education programs; (B) supports student progress in completing computer science career education programs; (C) provides labor market information on local, State, regional, and national computer science employment opportunities, such as occupation demand, education requirements, and expected compensation; and (D) tracks student placement in appropriate employment, or transfer to an institution of higher education; and (4) provides equal access to the full range of career education programs, to individuals who are members of underrepresented groups and special populations, including the development of program services appropriate to the needs of special populations. (d) Additional authorized activities An eligible partnership that receives a grant under this Act may use the grant funds to— (1) provide for the acquisition of computer equipment, software, and software licenses to directly develop and support a computer science program; (2) acquire technical assistance from State or local entities that have designed, established, and operated career education programs that have effectively used educational technology and distance learning in the delivery of curricula and services and in the articulation process; and (3) establish articulation agreements with institutions of higher education, and cooperative agreements with labor organizations, or business located inside or outside the State and served by the eligible partnership, especially with regard to using distance learning and educational technology to provide for the delivery of services and programs.

Computer Science Career Education Act of 2014

Small Business Stability Act - Amends the Internal Revenue Code to modify the definition of "applicable large employer," for purposes of the mandate under the Patient Protection and Affordable Care Act to provide employees with minimum essential health care coverage, to mean an employer who employed an average of at least 100 (currently, 50) full-time employees during the preceding calendar year.

113 S2168 IS: Small Business Stability Act U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2168 IN THE SENATE OF THE UNITED STATES March 27, 2014 Ms. Heitkamp Ms. Landrieu Mr. Warner Mr. Begich Mr. Manchin Mr. King Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the definition of large employer for purposes of applying the employer mandate. 1. Short title This Act may be cited as the Small Business Stability Act 2. Modification of large employer definition for purposes of the employer mandate (a) In general Paragraph (2) of section 4980H(c) (1) by striking 50 full-time employees 100 full-time employees (2) by striking in excess of 50 in excess of 100 (b) Effective date The amendments made by this section shall apply to months beginning after December 31, 2013.

Small Business Stability Act

Distillery Excise Tax Reform Act of 2014 - Amends the Internal Revenue Code to reduce the rate of the excise tax on distilled spirits to $2.70 per proof gallon (currently, $13.50 per proof gallon) on the first 100,000 gallons produced by a distilled spirits producer during the calendar year.

113 S2169 IS: Distillery Excise Tax Reform Act of 2014 U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2169 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mrs. Gillibrand Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to reduce the rate of tax regarding the taxation of distilled spirits. 1. Short title This Act may be cited as the Distillery Excise Tax Reform Act of 2014 2. Reduced rate of tax on certain distilled spirits (a) In general Section 5001 (c) Reduced rate In the case of a distilled spirits producer, the otherwise applicable tax rate under subsection (a)(1) on the first 100,000 of proof gallons of distilled spirits produced by such producer during the calendar year in the United States shall be $2.70 per proof gallon. . (b) Conforming amendment Section 7652(f)(2) section 5001(a) sections 5001(a)(1) and 5001(c)(1) (c) Effective date The amendments made by this section shall apply to distilled spirits produced in calendar years beginning after December 31, 2014.

Distillery Excise Tax Reform Act of 2014

American Energy Renaissance Act of 2014 - Amends the Natural Gas Act regarding natural gas exports to exclude from the expedited application and approval process any nation subject to sanctions or trade restrictions imposed by the United States. Amends the Energy Policy and Conservation Act (EPCA) to repeal the authority of the President to restrict exports of coal, petroleum products, natural gas, or petrochemical feedstocks, and related materials or equipment. Amends the Mineral Leasing Act (MLA) to repeal limitations on oil exports. Amends the Outer Continental Shelf Lands Act (OCSLA) to repeal limitations on export of Outer Continental Shelf (OCS) oil or gas. Declares without force or effect a specified regulation and the limitation placed upon crude oil exports under the Export Administration Act of 1979. Directs the Bureau of Industry and Security of the Department of Commerce to grant licenses to export crude oil except in certain circumstances. Directs the Secretary of the Army, acting through the Chief of Engineers, to take into account solely domestic environmental impacts when completing an environmental impact statement for either coal export terminals or for coal transportation to such terminals. Prescribes an authorization and approval process for certain energy infrastructure projects pertaining to either an oil or natural gas pipeline, or to an electric transmission facility at the national boundary of the United States with either Canada or Mexico. Amends the Federal Power Act to repeal the prerequisite that, before transmitting electric energy to a foreign country, a person must first obtain authority from the Federal Energy Regulatory Commission (FERC). Declares that a presidential permit shall not be required for a certain pipeline application by TransCanada Corporation to the Department of State for the northern portion of the Keystone XL pipeline from the Canadian border to the border between the states of South Dakota and Nebraska. Prescribes guidelines for leasing on the OCS. Deems the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010-2015, issued by the Secretary of the Interior, to be the final oil and gas leasing program under the OCSLA for FY2014-FY2019, except with regard to specified lease sales. Directs the Secretary to: (1) conduct a lease sale every 270 days in each OCS planning area for which there is a commercial interest in purchasing federal oil and gas leases, and (2) conduct Lease Sale 220 for areas offshore of Virginia. Permits a state, in lieu of being subject to a federal oil and gas leasing system, to elect to control energy development and production on available federal land in accordance with certain state leasing, permitting and regulatory programs prescribed by this Act. Amends the MLA to require the Secretary to offer for sale all nominated acreage not previously made available for lease, unless an individual lease should not be granted. Prescribes guidelines governing leasing certainty for onshore lease sales. Permits the Secretary to extend for up to 2 periods of 15 days each the initial 30-day period after receipt of an application for deciding whether to issue a drilling permit. Deems an application approved if a decision has not been made within 60 days after the application is received. Imposes a $5,000 documentation fee upon each administrative protest concerning a lease, right-of-way, or application for a drill permit. Directs the Secretary to establish a Federal Permit Streamlining Project in each field office of the Bureau of Land Management (BLM) with responsibility for permitting energy projects on federal land. Considers final regulations governing oil shale management published by BLM on November 18, 2008, to satisfy all legal and procedural requirements. Directs the Secretary to implement them, including the oil shale leasing program, without any other administrative action necessary. Considers the Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming, and the Final Programmatic Environmental Impact Statement of the Bureau of Land Management (Plan), as in effect on November 17, 2008, to satisfy all legal and procedural requirements. Directs the Secretary to implement, without additional administrative action, the oil shale leasing program and regulations authorized in such Plan. Directs the Secretary to: (1) hold a lease sale offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under certain terms; and (2) hold at least five separate commercial lease sales of at least 25,000 acres considered to have the most potential for oil shale development in areas nominated through public comment. Amends the Naval Petroleum Reserves Production Act of 1976 to direct the Secretary to conduct a competitive oil and gas leasing program that includes at least one lease sale annually in areas most likely to produce commercial quantities of oil and natural gas in the National Petroleum Reserve in Alaska (NPRA) for each of calendar years 2014 through 2023. Directs the Secretary to: (1) facilitate and ensure permits for all surface development activities, including pipeline and road construction; (2) issue an integrated activity plan from among the nonadopted alternatives in the NPRA Integrated Activity Plan Record of Decision, and (3) issue an environmental impact statement for issuance of oil and gas leases in the NPRA. Declares without force or effect the NPRA Integrated Activity Plan Record of Decision, dated February 21, 2013, including the integrated activity plan and environmental impact statement to which it refers. Directs the Secretary to: (1) promulgate regulations to ensure that the Department of the Interior is supporting development of oil and gas leases in the NPRA, and (2) complete a comprehensive assessment of all technically recoverable NPRA fossil fuel resources. Declares that this Act does not authorize issuance of a lease under the MLA to persons designated for the imposition of specified sanctions. Amends the MLA to authorize the Secretary to conduct onshore oil and gas lease sales through Internet-based live bidding methods. Directs the Secretary to implement a competitive leasing program for the exploration, development, and production of the oil and gas resources on the Coastal Plain of Alaska. Amends the Alaska National Interest Lands Conservation Act to repeal the prohibition against leasing or other development leading to production of oil and gas from the Arctic National Wildlife Refuge (ANWR). Deems oil and gas leasing programs and activities authorized by this Act to be in compliance with the purposes of ANWR, so that no further findings or decisions are required to implement this determination. States that the Secretary is neither required to identify nonleasing alternative courses of action nor to analyze their environmental effects. Deems compliance with this Act satisfies all requirements of the National Environmental Policy Act of 1969 (NEPA) governing analysis and consideration of the environmental effects of proposed leasing. Authorizes the Secretary, after consultation with the state of Alaska, the city of Kaktovik, and the North Slope Borough, to designate as a Special Area up to 45,000 acres of the Coastal Plain. Directs the Secretary to designate the Sadlerochit Spring area as a Special Area. Authorizes the Secretary to exclude any Special Area from leasing. Permits directional (horizontal) drilling in a Special Area. Restricts to the terms of this Act the Secretary's authority to close lands within the Coastal Plain to oil and gas leasing, exploration, development, and production. Instructs the Secretary to offer: (1) tracts with the greatest potential for hydrocarbon discovery; (2) at least 50,000 acres for lease within 22 months after enactment of this Act; and (3) at least an additional 50,000 acres at 6-, 12-, and 18-month intervals thereafter. Authorizes the Secretary to grant to the highest responsible qualified bidder in a lease sale, upon payment of a bonus, any lands to be leased on the Coastal Plain. Prescribes a "no significant adverse effect" standard to govern Coastal Plain activities. Directs the Secretary to develop a facility consolidation plan for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. Directs the Secretary to: (1) issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this Act, (2) convey to the Kaktovik Inupiat Corporation the surface estate of specified lands, and (3) convey to the Arctic Slope Regional Corporation a certain subsurface estate to which it is entitled pursuant to a specified agreement. Amends the Energy Policy Act of 1992 to allow either the Secretary, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring the Secretary's approval. Deems approved any appraisal conducted by an Indian tribe or by such an appraiser if the Secretary neither approves nor disapproves it within 60 days after it is received. Gives tribes the option of waiving such appraisals if they give the Secretary an unambiguous indication of tribal intent, including an express waiver of any claims they might have against the United States as a consequence of forgoing the appraisal. States that, when sustainability is federally required, any activities or resources conducted or produced pursuant to either a tribal resource management plan or a Secretary-approved integrated resource management plan shall be deemed to be sustainable.Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into 99-year leases on their restricted lands without the Secretary's approval, if they are executed under tribal regulations approved by the Secretary. Permits the Navajo Nation to enter into mineral resource leases on restricted lands without the Secretary's approval if they are executed under approved tribal regulations not to exceed 25 years. Permits a renewal option for one additional term not exceeding 25 years. Declares inapplicable, except with the express consent of Indian beneficiaries, any rule promulgated by the Secretary regarding hydraulic fracturing in oil and gas development or production on land either held in trust or restricted status for Indians. Grants to the states sole authority to promulgate or enforce requirements for hydraulic fracturing within their boundaries. Subjects federal land upon which hydraulic fracturing is performed to the law of the state in which the land is located. Prohibits award of legal fees to any nongovernmental organization related to an action that: (1) prevents, terminates, or reduces access to or the production of specified enterprises; (2) diminishes the private property value of a property owner; or (3) eliminates or prevents jobs. Prohibits the Secretary from establishing a master leasing plan as part of any guidance the Secretary issues. Declares certain existing master leasing plans without force or effect. Requires the Administrator of the Environmental Protection Agency (EPA), upon request of a state or the governing body of an Indian tribe, to enter into a prescribed refinery permitting agreement to streamline the permitting process using a specified systematic, interdisciplinary multimedia approach. Prescribes deadlines for approval or disapproval of consolidated permits for new refineries and for expansion of existing ones. Amends the Clean Air Act to phase out the renewable fuel standard. Repeals greenhouse gas regulation. Redefines air pollutant to exclude carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride. Declares that the following acts neither authorize nor require the regulation of climate change or global warming: (1) the Clean Air Act, (2) the Federal Water Pollution Control Act, (3) the National Environmental Policy Act of 1969, (4) the Endangered Species Act of 1973, and (5) the Solid Waste Disposal Act. Declares void and without force or effect certain proposed EPA rules regarding greenhouse gas emissions and carbon pollution. Requires the Administrator, before proposing or finalizing any regulation, rule, or policy, to analyze it and describe its direct and indirect net and gross impact upon employment in the United States. Establishes the Debt Freedom Fund to pay down the national debt of the United States.

113 S2170 IS: American Energy Renaissance Act of 2014 U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2170 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Cruz Committee on Energy and Natural Resources A BILL To free the private sector to harness domestic energy resources to create jobs and generate economic growth by removing statutory and administrative barriers. 1. Short title; table of contents (a) Short title This Act may be cited as the American Energy Renaissance 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—Expanding American energy exports Sec. 1001. Finding. Sec. 1002. Natural gas exports. Sec. 1003. Crude oil exports. Sec. 1004. Coal exports. TITLE II—Improving North American energy infrastructure Subtitle A—North American energy infrastructure Sec. 2001. Finding. Sec. 2002. Definitions. Sec. 2003. Authorization of certain energy infrastructure projects at the national boundary of the United States. Sec. 2004. Transmission of electric energy to Canada and Mexico. Sec. 2005. Effective date; rulemaking deadlines. Subtitle B—Keystone XL permit approval Sec. 2011. Findings. Sec. 2012. Keystone XL permit approval. TITLE III—Outer Continental Shelf leasing Sec. 3001. Finding. Sec. 3002. Extension of leasing program. Sec. 3003. Lease sales. Sec. 3004. Applications for permits to drill. Sec. 3005. Lease sales for certain areas. TITLE IV—Utilizing America's onshore resources Sec. 4001. Findings. Sec. 4002. State option for energy development. Subtitle A—Energy development by States Sec. 4011. Definitions. Sec. 4012. State programs. Sec. 4013. Leasing, permitting, and regulatory programs. Sec. 4014. Judicial review. Sec. 4015. Administrative Procedure Act. Subtitle B—Onshore oil and gas permit streamlining Part I—Oil and gas leasing certainty Sec. 4021. Minimum acreage requirement for onshore lease sales. Sec. 4022. Leasing certainty. Sec. 4023. Leasing consistency. Sec. 4024. Reduce redundant policies. Sec. 4025. Streamlined congressional notification. Part II—Application for permits To drill process reform Sec. 4031. Permit to drill application timeline. Sec. 4032. Administrative protest documentation reform. Sec. 4033. Improved Federal energy permit coordination. Sec. 4034. Administration. Part III—Oil shale Sec. 4041. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision. Sec. 4042. Oil shale leasing. Part IV—National Petroleum Reserve in Alaska Access Sec. 4051. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska. Sec. 4052. National Petroleum Reserve in Alaska: lease sales. Sec. 4053. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction. Sec. 4054. Issuance of a new integrated activity plan and environmental impact statement. Sec. 4055. Departmental accountability for development. Sec. 4056. Deadlines under new proposed integrated activity plan. Sec. 4057. Updated resource assessment. Part V—Miscellaneous provisions Sec. 4061. Sanctions. Sec. 4062. Internet-based onshore oil and gas lease sales. Part VI—Judicial review Sec. 4071. Definitions. Sec. 4072. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 4073. Timely filing. Sec. 4074. Expedition in hearing and determining the action. Sec. 4075. Limitation on injunction and prospective relief. Sec. 4076. Limitation on attorneys’ fees and court costs. Sec. 4077. Legal standing. TITLE V—Additional onshore resources Subtitle A—Leasing program for land within Coastal Plain Sec. 5001. Finding. Sec. 5002. Definitions. Sec. 5003. Leasing program for land on the Coastal Plain. Sec. 5004. Lease sales. Sec. 5005. Grant of leases by the Secretary. Sec. 5006. Lease terms and conditions. Sec. 5007. Coastal Plain environmental protection. Sec. 5008. Expedited judicial review. Sec. 5009. Treatment of revenues. Sec. 5010. Rights-of-way across the Coastal Plain. Sec. 5011. Conveyance. Subtitle B—Native American Energy Sec. 5021. Findings. Sec. 5022. Appraisals. Sec. 5023. Standardization. Sec. 5024. Environmental reviews of major Federal actions on Indian land. Sec. 5025. Judicial review. Sec. 5026. Tribal resource management plans. Sec. 5027. Leases of restricted lands for the Navajo Nation. Sec. 5028. Nonapplicability of certain rules. Subtitle C—Additional regulatory provisions Part I—State authority over hydraulic fracturing Sec. 5031. Finding. Sec. 5032. State authority. Part II—Miscellaneous provisions Sec. 5041. Environmental legal fees. Sec. 5042. Master leasing plans. TITLE VI—Improving America's domestic refining capacity Subtitle A—Refinery permitting reform Sec. 6001. Finding. Sec. 6002. Definitions. Sec. 6003. Streamlining of refinery permitting process. Subtitle B—Repeal of renewable fuel standard Sec. 6011. Findings. Sec. 6012. Phase out of renewable fuel standard. TITLE VII—Stopping EPA overreach Sec. 7001. Findings. Sec. 7002. Clarification of Federal regulatory authority to exclude greenhouse gases from regulation under the Clean Air Act. Sec. 7003. Jobs analysis for all EPA regulations. TITLE VIII—Debt freedom fund Sec. 8001. Findings. Sec. 8002. Debt freedom fund. I Expanding American energy exports 1001. Finding Congress finds that opening up energy exports will contribute to economic development, private sector job growth, and continued growth in American energy production. 1002. Natural gas exports (a) Finding Congress finds that expanding natural gas exports will lead to increased investment and development of domestic supplies of natural gas that will contribute to job growth and economic development. (b) Natural gas exports Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) (1) by inserting or any other nation not excluded by this section trade in natural gas (2) by striking (c) For purposes (c) Expedited application and approval process (1) In general For purposes ; and (3) by adding at the end the following: (2) Exclusions (A) In general Any nation subject to sanctions or trade restrictions imposed by the United States is excluded from expedited approval under paragraph (1). (B) Designation by President or Congress The President or Congress may designate nations that may be excluded from expedited approval under paragraph (1) for reasons of national security. (3) Order not required No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico. . 1003. Crude oil exports (a) Findings Congress finds that— (1) the restrictions on crude oil exports from the 1970s are no longer necessary due to the technological advances that have increased the domestic supply of crude oil; and (2) repealing restrictions on crude oil exports will contribute to job growth and economic development. (b) Repeal of Presidential authority To restrict oil exports (1) In general Section 103 of the Energy Policy and Conservation Act ( 42 U.S.C. 6212 (2) Conforming amendments (A) Section 12 of the Alaska Natural Gas Transportation Act of 1976 ( 15 U.S.C. 719j (i) by striking and section 103 of the Energy Policy and Conservation Act (ii) by striking such Acts that Act (B) The Energy Policy and Conservation Act is amended— (i) in section 251 ( 42 U.S.C. 6271 (I) by striking subsection (d); and (II) by redesignating subsection (e) as subsection (d); and (ii) in section 523(a)(1) ( 42 U.S.C. 6393(a)(1) (other than section 103 thereof) (c) Repeal of limitations on exports of oil (1) In general Section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 (A) by striking subsection (u); and (B) by redesignating subsections (v) through (y) as subsections (u) through (x), respectively. (2) Conforming amendments (A) Section 1107(c) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3167(c) (u) through (y) (u) through (x) (B) Section 23 of the Deep Water Port Act of 1974 ( 33 U.S.C. 1522 (C) Section 203(c) of the Trans-Alaska Pipeline Authorization Act ( 43 U.S.C. 1652(c) (w)(2), and (x)) (v)(2), and (w)) (D) Section 509(c) of the Public Utility Regulatory Policies Act of 1978 ( 43 U.S.C. 2009(c) subsection (w)(2) subsection (v)(2) (d) Repeal of limitations on export of OCS oil or gas Section 28 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1354 (e) Termination of limitation on exportation of crude oil Section 7(d) of the Export Administration Act of 1979 ( 50 U.S.C. App. 2406(d) (f) Clarification of crude oil regulation (1) In general Section 754.2 (2) Crude oil license requirements The Bureau of Industry and Security of the Department of Commerce shall grant licenses to export to a country crude oil (as the term is defined in subsection (a) of the regulation referred to in paragraph (1)) (as in effect on the date that is 1 day before the date of enactment of this Act) unless— (A) the country is subject to sanctions or trade restrictions imposed by the United States; or (B) the President or Congress has designated the country as subject to exclusion for reasons of national security. 1004. Coal exports (a) Findings Congress finds that— (1) increased international demand for coal is an opportunity to support jobs and promote economic growth in the United States; and (2) exports of coal should not be unreasonably restricted or delayed. (b) NEPA review for coal exports In completing an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (1) may only take into account domestic environmental impacts; and (2) may not take into account any impacts resulting from the final use overseas of the exported coal. II Improving North American energy infrastructure A North American energy infrastructure 2001. Finding Congress finds that the United States should establish a more efficient, transparent, and modern process for the construction, connection, operation, and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil, natural gas, and electricity to and from Canada and Mexico, in pursuit of a more secure and efficient North American energy market. 2002. Definitions In this title: (1) Electric Reliability Organization The term Electric Reliability Organization 16 U.S.C. 824o(a) (2) Independent System Operator The term Independent System Operator 16 U.S.C. 796 (3) Natural gas The term natural gas 15 U.S.C. 717a (4) Oil The term oil (5) Regional entity The term regional entity 16 U.S.C. 824o(a) (6) Regional Transmission Organization The term Regional Transmission Organization 16 U.S.C. 796 2003. Authorization of certain energy infrastructure projects at the national boundary of the United States (a) Authorization Except as provided in subsections (d) and (e), no person may construct, connect, operate, or maintain an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining approval of the construction, connection, operation, or maintenance under this section. (b) Approval (1) Requirement Not later than 120 days after receiving a request for approval of construction, connection, operation, or maintenance under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall approve the request unless the relevant official finds that the construction, connection, operation, or maintenance harms the national security interests of the United States. (2) Relevant official The relevant official referred to in paragraph (1) is— (A) the Secretary of Commerce with respect to oil pipelines; (B) the Federal Energy Regulatory Commission with respect to natural gas pipelines; and (C) the Secretary of Energy with respect to electric transmission facilities. (3) Approval not major Federal action An approval of construction, connection, operation, or maintenance under paragraph (1) shall not be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (4) Additional requirement for electric transmission facilities In the case of a request for approval of the construction, connection, operation, or maintenance of an electric transmission facility, the Secretary of Energy shall require, as a condition of approval of the request under paragraph (1), that the electric transmission facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (A) the Electric Reliability Organization and the applicable regional entity; and (B) any Regional Transmission Organization or Independent System Operator with operational or functional control over the electric transmission facility. (c) No other approval required No Presidential permit (or similar permit) required under Executive Order 13337 ( 3 U.S.C. 301 section 301 (d) Exclusions This section shall not apply to— (1) any construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico if— (A) the pipeline or facility is operating at the national boundary for that import or export as of the date of enactment of this Act; (B) a permit described in subsection (c) for the construction, connection, operation, or maintenance has been issued; (C) approval of the construction, connection, operation, or maintenance has previously been obtained under this section; or (D) an application for a permit described in subsection (c) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of— (i) the date on which the application is denied; and (ii) July 1, 2015; or (2) the construction, connection, operation, or maintenance of the Keystone XL pipeline. (e) Modifications to existing projects No approval under this section, or permit described in subsection (c), shall be required for modifications to construction, connection, operation, or maintenance described in subparagraph (A), (B), or (C) of subsection (d)(1), including reversal of flow direction, change in ownership, volume expansion, downstream or upstream interconnection, or adjustments to maintain flow (such as a reduction or increase in the number of pump or compressor stations). (f) Effect of other laws Nothing in this section affects the application of any other Federal law to a project for which approval of construction, connection, operation, or maintenance is sought under this section. 2004. Transmission of electric energy to Canada and Mexico (a) Repeal of requirement To secure order Section 202 of the Federal Power Act ( 16 U.S.C. 824a (b) Conforming amendments (1) State regulations Section 202 of the Federal Power Act ( 16 U.S.C. 824a (A) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (B) in subsection (e) (as so redesignated), by striking insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e) (2) Seasonal diversity electricity exchange Section 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary. 2005. Effective date; rulemaking deadlines (a) Effective date Sections 2003 and 2004, and the amendments made by those sections, shall take effect on July 1, 2015. (b) Rulemaking deadlines Each relevant official described in section 2003(b)(2) shall— (1) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of section 2003; and (2) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of section 2003. B Keystone XL permit approval 2011. Findings Congress finds that— (1) building the Keystone XL pipeline will provide jobs and economic growth to the United States; and (2) the Keystone XL pipeline should be approved immediately. 2012. Keystone XL permit approval (a) In General Notwithstanding Executive Order 13337 ( 3 U.S.C. 301 3 U.S.C. 301 section 301 (b) Environmental Impact Statement The final environmental impact statement issued by the Secretary of State on January 31, 2014, regarding the pipeline referred to in subsection (a), shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (c) Critical habitat No area necessary to construct or maintain the Keystone XL pipeline shall be considered critical habitat under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (d) Permits Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, shall remain in effect. (e) Federal judicial review The pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, that are approved by this section, 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. III Outer Continental Shelf leasing 3001. Finding Congress finds that the United States has enormous potential for offshore energy development and that the people of the United States should have access to the jobs and economic benefits from developing those resources. 3002. Extension of leasing program (a) In general Subject to subsection (c), the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to in this title as the Secretary 43 U.S.C. 1344 (b) Final environmental impact statement The Secretary is considered to have issued a final environmental impact statement for the program applicable to the period described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (c) Exceptions Lease Sales 214, 232, and 239 shall not be included in the final oil and gas leasing program for the period of fiscal years 2014 through 2019. 3003. Lease sales (a) In general Except as otherwise provided in this section, not later than 180 days after the date of enactment of this Act and every 270 days thereafter, the Secretary shall conduct a lease sale in each outer Continental Shelf planning area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf. (b) Subsequent determinations and sales If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this section, not later than 2 years after the date of the determination and every 2 years thereafter, the Secretary shall— (1) make an additional determination on whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and (2) if the Secretary determines that there is a commercial interest under paragraph (1), conduct a lease sale in the planning area. (c) Protection of State interest In developing future leasing programs, the Secretary shall give deference to affected coastal States (as the term is used in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. (d) Petitions If a person petitions the Secretary to conduct a lease sale for an outer Continental Shelf planning area in which the person has a commercial interest, the Secretary shall conduct a lease sale for the area in accordance with subsection (a). 3004. Applications for permits to drill Section 5 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334 (k) Applications for permits To drill (1) In general Subject to paragraph (2), the Secretary shall approve or disapprove an application for a permit to drill submitted under this Act not later than 20 days after the date on which the application is submitted to the Secretary. (2) Disapproval If the Secretary disapproves an application for a permit to drill under paragraph (1), the Secretary shall— (A) provide to the applicant a description of the reasons for the disapproval of the application; (B) allow the applicant to resubmit an application during the 10-day period beginning on the date of the receipt of the description described in subparagraph (A) by the applicant; and (C) approve or disapprove any resubmitted application not later than 10 days after the date on which the application is submitted to the Secretary. . 3005. Lease sales for certain areas (a) In general As soon as practicable but not later than 1 year after the date of enactment of this Act, the Secretary shall conduct Lease Sale 220 for areas offshore of the State of Virginia. (b) Compliance with other laws For purposes of the lease sale described in subsection (a), the environmental impact statement prepared under section 3001 shall satisfy the requirements of the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (c) Energy projects in Gulf of Mexico (1) Jurisdiction The United States Court of Appeals for the Fifth Circuit shall have exclusive jurisdiction over challenges to offshore energy projects and permits to drill carried out in the Gulf of Mexico. (2) Filing deadline Any civil action to challenge a project or permit described in paragraph (1) shall be filed not later than 60 days after the date of approval of the project or the issuance of the permit. IV Utilizing America's onshore resources 4001. Findings Congress finds that— (1) current policy has failed to take full advantage of the natural resources on Federal land; (2) the States should be given the option to lead energy development on all available Federal land in a State; and (3) the Federal Government should not inhibit energy development on Federal land. 4002. State option for energy development Notwithstanding any other provision of this title, a State may elect to control energy development and production on available Federal land in accordance with the terms and conditions of subtitle A and the amendments made by subtitle A in lieu of being subject to the Federal system established under subtitle B and the amendments made by subtitle B. A Energy development by States 4011. Definitions In this subtitle: (1) Available Federal land The term available Federal land (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a congressionally designated wilderness area. (2) Secretary The term Secretary (3) State The term State (A) a State; and (B) the District of Columbia. 4012. State programs (a) In general A State— (1) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise the rights of the State to develop all forms of energy resources on available Federal land in the State; and (2) as a condition of certification under section 4013(b) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under paragraph (1) has been established or amended. (b) Amendment of programs A State may amend a program developed and certified under this subtitle at any time. (c) Certification of amended programs Any program amended under subsection (b) shall be certified under section 4013(b). 4013. Leasing, permitting, and regulatory programs (a) Satisfaction of Federal requirements Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including— (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) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. (b) Federal certification and transfer of development rights Upon submission of a declaration by a State under section 4012(a)(2)— (1) the program under section 4012(a)(1) shall be certified; and (2) the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program. (c) Issuance of permits and leases If a State elects to issue a permit or lease for the development of any form of energy resource on any available Federal land within the borders of the State in accordance with a program certified under subsection (b), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations). 4014. Judicial review Activities carried out in accordance with this subtitle shall not be subject to Federal judicial review. 4015. Administrative Procedure Act Activities carried out in accordance with this subtitle shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act B Onshore oil and gas permit streamlining I Oil and gas leasing certainty 4021. Minimum acreage requirement for onshore lease sales Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (1) by striking Sec. 17. Lease of oil and gas land (a) Authority of Secretary (1) In general All land ; and (2) in subsection (a), by adding at the end the following: (2) Minimum acreage requirement for onshore lease sales (A) In general In conducting lease sales under paragraph (1)— (i) there shall be a presumption that nominated land should be leased; and (ii) the Secretary of the Interior shall offer for sale all of the nominated acreage not previously made available for lease, unless the Secretary demonstrates by clear and convincing evidence that an individual lease should not be granted. (B) Administration Acreage offered for lease pursuant to this paragraph— (i) shall not be subject to protest; and (ii) shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 (C) Availability In administering this paragraph, the Secretary shall only consider leasing of Federal land that is available for leasing at the time the lease sale occurs. . 4022. Leasing certainty Section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) (3) Leasing certainty (A) In general The Secretary of the Interior shall not withdraw any covered energy project (as defined in section 4051 of the American Energy Renaissance Act of 2014) issued under this Act without finding a violation of the terms of the lease by the lessee. (B) Delay The Secretary shall not infringe on lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights-of-way for activities under the lease. (C) Availability for lease Not later than 18 months after an area is designated as open under the applicable land use plan, the Secretary shall make available nominated areas for lease using the criteria established under section 2. (D) Last payment (i) In general Notwithstanding any other provision of law, the Secretary shall issue all leases sold not later than 60 days after the last payment is made. (ii) Cancellation The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel. (E) Protests (i) In general Not later than the end of the 60-day period beginning on the date a lease sale is held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale. (ii) Unsettled protest If, after the 60-day period described in clause (i) any protest is left unsettled— (I) the protest shall be considered automatically denied; and (II) the appeal rights of the protestor shall begin. (F) Additional lease stipulations No additional lease stipulation may be added after the parcel is sold without consultation and agreement of the lessee, unless the Secretary considers the stipulation as an emergency action to conserve the resources of the United States. . 4023. Leasing consistency A Federal land manager shall follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed. 4024. Reduce redundant policies Bureau of Land Management Instruction Memorandum 2010–117 shall have no force or effect. 4025. Streamlined congressional notification Section 31(e) of the Mineral Leasing Act ( 30 U.S.C. 188(e) at least thirty days in advance of the reinstatement in an annual report II Application for permits To drill process reform 4031. Permit to drill application timeline Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) (2) Applications for permits to drill reform and process (A) In general Not later than the end of the 30-day period beginning on the date an application for a permit to drill is received by the Secretary, the Secretary shall decide whether to issue the permit. (B) Extension (i) In general The Secretary may extend the period described in subparagraph (A) for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. (ii) Notice The notice shall— (I) be in the form of a letter from the Secretary or a designee of the Secretary; and (II) include— (aa) the names and titles of the persons processing the application; (bb) the specific reasons for the delay; and (cc) a specific date a final decision on the application is expected. (C) Notice of reasons for denial If the application is denied, the Secretary shall provide the applicant— (i) a written statement that provides clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and (ii) an opportunity to remedy any deficiencies. (D) Application deemed approved (i) In general Except as provided in clause (ii), if the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application shall be considered approved. (ii) Exceptions Clause (i) shall not apply in cases in which existing reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq. (E) Denial of permit If the Secretary decides not to issue a permit to drill under this paragraph, the Secretary shall— (i) provide to the applicant a description of the reasons for the denial of the permit; (ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and (iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. (F) Fee (i) In general Notwithstanding any other provision of law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). (ii) Resubmitted application The fee required under clause (i) shall not apply to any resubmitted application. (iii) Treatment of permit processing fee Subject to appropriation, of all fees collected under this paragraph for each fiscal year, 50 percent shall be— (I) transferred to the field office at which the fees are collected; and (II) used to process protests, leases, and permits under this Act. . 4032. Administrative protest documentation reform Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) (4) Protest fee (A) In general The Secretary shall collect a $5,000 documentation fee to accompany each administrative protest for a lease, right-of-way, or application for a permit to drill. (B) Treatment of fees Subject to appropriation, of all fees collected under this paragraph for each fiscal year, 50 percent shall— (i) remain in the field office at which the fees are collected; and (ii) be used to process protests. . 4033. Improved Federal energy permit coordination (a) Definitions In this section: (1) Energy project The term energy project (2) Project The term Project (3) Secretary The term Secretary (b) Establishment The Secretary shall establish a Federal Permit Streamlining Project in each Bureau of Land Management field office with responsibility for permitting energy projects on Federal land. (c) Memorandum of understanding (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of carrying out this section with— (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of Engineers. (2) State participation The Secretary may request that the Governor of any State with energy projects on Federal land to be a signatory to the memorandum of understanding. (d) Designation of qualified staff (1) In general Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (c), each Federal signatory party shall, if appropriate, assign to each Bureau of Land Management field office an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (B) permits under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 (C) regulatory matters under the Clean Air Act ( 42 U.S.C. 7401 et seq. (D) planning under the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. (E) the preparation of analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Duties Each employee assigned under paragraph (1) shall— (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the home agency of the employee; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal land. (e) Additional personnel The Secretary shall assign to each Bureau of Land Management field office described in subsection (b) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field office, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (f) Funding Funding for the additional personnel shall come from the Department of the Interior reforms under paragraph (2) of section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) (as amended by section 4031 and section 4032). (g) Savings provision Nothing in this section affects— (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency any employee of which is participating in the Project. 4034. Administration Notwithstanding any other provision of law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 III Oil shale 4041. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision (a) Regulations (1) In general Notwithstanding any other provision of law (including regulations), the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69414), shall be considered to satisfy all legal and procedural requirements under any law, including— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Implementation The Secretary of the Interior shall implement the regulations described in paragraph (1) (including the oil shale leasing program authorized by the regulations) without any other administrative action necessary. (b) Amendments to resource management plans and record of decision (1) In general Notwithstanding any other provision of law (including regulations) to the contrary, the Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and the Final Programmatic Environmental Impact Statement of the Bureau of Land Management, as in effect on November 17, 2008, shall be considered to satisfy all legal and procedural requirements under any law, including— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Implementation The Secretary of the Interior shall implement the oil shale leasing program authorized by the regulations described in paragraph (1) in those areas covered by the resource management plans covered by the amendments, and covered by the record of decision, described in paragraph (1) without any other administrative action necessary. 4042. Oil shale leasing (a) Additional research and development lease sales Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall hold a lease sale offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 2611). (b) Commercial lease sales (1) In general Not later than January 1, 2016, the Secretary of the Interior shall hold not less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale development, as determined by the Secretary, in areas nominated through public comment. (2) Administration Each lease sale shall be— (A) for an area of not less than 25,000 acres; and (B) in multiple lease blocs. IV National Petroleum Reserve in Alaska Access 4051. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska It is the sense of Congress that— (1) the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and (2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve. 4052. National Petroleum Reserve in Alaska: lease sales Section 107 of the Naval Petroleum Reserves Production Act of 1976 ( 42 U.S.C. 6506a (a) In general The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the Reserve— (1) in accordance with this Act; and (2) that shall include at least 1 lease sale annually in the areas of the Reserve most likely to produce commercial quantities of oil and natural gas for each of calendar years 2014 through 2023. . 4053. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary— (1) to develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and (2) to transport oil and gas from and through the National Petroleum Reserve in Alaska in the most direct manner possible to existing transportation or processing infrastructure on the North Slope of Alaska. (b) Timeline The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline: (1) Permits for the construction described in subsection (a) for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved not later than 60 days after the date of enactment of this Act. (2) Permits for the construction described in subsection (a) for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved not later than 180 days after the date on which a request for a permit to drill is submitted to the Secretary. (c) Plan To ensure timely future development of the National Petroleum Reserve in Alaska, not later than 270 days after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve. 4054. Issuance of a new integrated activity plan and environmental impact statement (a) Issuance of new integrated activity plan Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall issue— (1) a new proposed integrated activity plan from among the nonadopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and (2) an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) (b) Nullification of existing record of decision, IAP, and EIS Except as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect. 4055. Departmental accountability for development The Secretary of the Interior shall promulgate regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska. 4056. Deadlines under new proposed integrated activity plan At a minimum, the new proposed integrated activity plan issued under section 4054(a)(1) shall— (1) require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of the application; and (2) establish a timeline for the processing of each application that— (A) specifies deadlines for decisions and actions on permit applications; and (B) provides that the period for issuing a permit after the date on which the application is submitted shall not exceed 60 days without the concurrence of the applicant. 4057. Updated resource assessment (a) In general The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas. (b) Cooperation and consultation The assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists. (c) Timing The assessment required by subsection (a) shall be completed not later than 2 years after the date of enactment of this Act. (d) Funding In carrying out this section, the United States Geological Survey may cooperatively use resources and funds provided by the State of Alaska. V Miscellaneous provisions 4061. Sanctions Nothing in this title authorizes the issuance of a lease under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. (1) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 ( 22 U.S.C. 2151 Public Law 108–175 (2) the Comprehensive Iran Sanctions, Accountability, and Divestiture Act of 2010 ( 22 U.S.C. 8501 et seq. (3) section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a (4) the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. (5) the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. (6) the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 Public Law 104–172 (7) Executive Order 13224 ( 50 U.S.C. 1701 (8) Executive Order 13338 ( 50 U.S.C. 1701 (9) Executive Order 13622 ( 50 U.S.C. 1701 (10) Executive Order 13628 ( 50 U.S.C. 1701 (11) Executive Order 13645 ( 50 U.S.C. 1701 4062. Internet-based onshore oil and gas lease sales (a) Authorization Section 17(b)(1) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1) (1) in subparagraph (A), in the third sentence, by inserting , except as provided in subparagraph (C) by oral bidding (2) by adding at the end the following: (C) Internet-Based bidding (i) In general In order to diversify and expand the onshore leasing program of the United States to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. (ii) Conclusion Each individual Internet-based lease sale shall conclude not later than 7 days after the date on which the sale begins. . (b) Report Not later than 90 days after the date on which the tenth Internet-based lease sale conducted under the amendment made by subsection (a) concludes, the Secretary of the Interior shall analyze the first 10 Internet-based lease sales and report to Congress the findings of the analysis, including— (1) estimates on increases or decreases in Internet-based lease sales, compared to sales conducted by oral bidding, in— (A) the number of bidders; (B) the average amount of bid; (C) the highest amount bid; and (D) the lowest bid; (2) an estimate on the total cost or savings to the Department of the Interior as a result of Internet-based lease sales, compared to sales conducted by oral bidding; and (3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better— (A) maximize bidder participation; (B) ensure the highest return to the Federal taxpayers; (C) minimize opportunities for fraud or collusion; and (D) ensure the security and integrity of the leasing process. VI Judicial review 4071. Definitions In this part: (1) Covered civil action The term covered civil action section 702 (2) Covered energy project (A) In general The term covered energy project (i) the leasing of Federal land for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy; and (ii) any action under the lease. (B) Exclusion The term covered energy project 4072. Exclusive venue for certain civil actions relating to covered energy projects Venue for any covered civil action shall lie in the United States district court in which the covered energy project or lease exists or is proposed. 4073. Timely filing To ensure timely redress by the courts, a covered civil action shall be filed not later than the end of the 90-day period beginning on the date of the final Federal agency action to which the covered civil action relates. 4074. Expedition in hearing and determining the action The court shall endeavor to hear and determine any covered civil action as expeditiously as practicable. 4075. Limitation on injunction and prospective relief (a) In general In a covered civil action, a court shall not grant or approve any prospective relief unless the court finds that the relief— (1) is narrowly drawn; (2) extends no further than necessary to correct the violation of a legal requirement; and (3) is the least intrusive means necessary to correct the violation. (b) Duration (1) In general A court shall limit the duration of preliminary injunctions to halt covered energy projects to not more than 60 days, unless the court finds clear reasons to extend the injunction. (2) Administration In the case of an extension, the extension shall— (A) only be in 30-day increments; and (B) require action by the court to renew the injunction. 4076. Limitation on attorneys’ fees and court costs (a) In general Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the Equal Access to Justice Act (b) Court costs A party to a covered civil action shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party. 4077. Legal standing A challenger that files an appeal with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as a challenger before a United States district court. V Additional onshore resources A Leasing program for land within Coastal Plain 5001. Finding Congress finds that development of energy reserves under the Coastal Plain of Alaska, performed in an environmentally responsible manner, will contribute to job growth and economic development. 5002. Definitions In this subtitle: (1) Coastal plain The term Coastal Plain (2) Peer reviewed The term peer reviewed (A) by individuals chosen by the National Academy of Sciences with no contractual relationship with, or those who have no application for a grant or other funding pending with, the Federal agency with leasing jurisdiction; or (B) if individuals described in subparagraph (A) are not available, by the top individuals in the specified biological fields, as determined by the National Academy of Sciences. (3) Secretary The term Secretary 5003. Leasing program for land on the Coastal Plain (a) In general The Secretary shall— (1) establish and implement, in accordance with this subtitle and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) administer the provisions of this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain do not result in any significant adverse effect on fish and wildlife, the habitat of fish and wildlife, subsistence resources, or the environment, including, in furtherance of this goal, by requiring 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 subtitle in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal of existing restriction (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.), the oil and gas leasing program and activities authorized by this section on the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination. (2) Adequacy of the Department of the Interior’s legislative environmental impact statement The document of the Department of the Interior entitled Final Legislative Environmental Impact Statement 42 U.S.C. 4332(2)(C) 42 U.S.C. 4321 et seq. (3) Compliance with NEPA for other actions (A) In general Prior to conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the actions authorized by this subtitle not covered by paragraph (2). (B) Nonleasing alternatives not required Notwithstanding any other provision of law, in preparing the environmental impact statement under subparagraph (A), the Secretary— (i) shall— (I) only identify a preferred action for leasing and a single leasing alternative; and (II) analyze the environmental effects and potential mitigation measures for those 2 alternatives; and (ii) is not required— (I) to identify nonleasing alternative courses of action; or (II) to analyze the environmental effects of nonleasing alternative courses of action. (C) Deadline The identification under subparagraph (B)(i)(I) for the first lease sale conducted under this subtitle shall be completed not later than 18 months after the date of enactment of this Act. (D) Public comment The Secretary shall only consider public comments that— (i) specifically address the preferred action of the Secretary; and (ii) are filed not later than 20 days after the date on which the environmental analysis is published. (E) Compliance Notwithstanding any other provision of law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle. (d) Relationship to State and local authority Nothing in this subtitle expands or limits State or local regulatory authority. (e) Special areas (1) In general The Secretary, after consultation with the State of Alaska, the city of Kaktovik and the North Slope Borough of the State of Alaska, may designate not more than 45,000 acres of the Coastal Plain as a Special Area (2) Sadlerochit Spring area The Secretary shall designate the Sadlerochit Spring area, consisting of approximately 4,000 acres, as a Special Area. (3) Management Each Special Area shall be managed to protect and preserve the unique and diverse character of the area, including the fish, wildlife, and subsistence resource values of the area. (4) Exclusion from leasing or surface occupancy (A) In general The Secretary may exclude any Special Area from leasing. (B) No surface occupancy If the Secretary leases a Special Area, or any part of a Special Area, for oil and gas exploration, development, production, or related activities, there shall be no surface occupancy of the land comprising the Special Area. (5) Directional drilling Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases tracts located outside the Special Area. (f) Limitation on closed areas The authority of the Secretary to close land on the Coastal Plain to oil and gas leasing, exploration, development, or production shall be limited to the authority provided under this subtitle. (g) Regulations (1) In general Not later than 15 months after the date of enactment of this Act, the Secretary shall promulgate regulations necessary to carry out this subtitle, including regulations relating to protection of fish and wildlife, the habitat of fish and wildlife, subsistence resources, and environment of the Coastal Plain. (2) Revision of regulations The Secretary shall, through a rulemaking conducted in accordance with section 553 of title 5, United States Code, periodically review and, if appropriate, revise the regulations promulgated under paragraph (1) to reflect a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures. 5004. Lease sales (a) In general In accordance with the requirements of this subtitle, the Secretary may lease land under this subtitle 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 and not later than 180 days after the date of enactment of this Act, establish procedures for— (1) receipt and consideration of sealed nominations for any area of the Coastal Plain for inclusion in, or exclusion from, a lease sale; (2) the holding of lease sales after the nomination process; 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 Lease sales under this subtitle may be conducted through an Internet leasing program, if the Secretary determines that the Internet leasing program will result in savings to the taxpayer, an increase in the number of bidders participating, and higher returns than oral bidding or a sealed bidding system. (d) Sale acreages and schedule The Secretary shall— (1) offer for lease under this subtitle— (A) those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received under subsection (b)(1); and (B) (i) not fewer than 50,000 acres by not later than 22 months after the date of the enactment of this Act; and (ii) not fewer than an additional 50,000 acres at 6-, 12-, and 18-month intervals following the initial offering under subclause (i); (2) conduct 4 additional lease sales under the same terms and schedule as the last lease sale under paragraph (1)(B)(ii) not later than 2 years after the date of that sale, if sufficient interest in leasing exists to warrant, in the judgment of the Secretary, the conduct of the sales; and (3) evaluate the bids in each lease sale under this subsection and issue leases resulting from the sales not later than 90 days after the date on which the sale is completed. 5005. Grant of leases by the Secretary (a) In general The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted under section 5004 any land to be leased on the Coastal Plain upon payment by the bidder of any bonus as may be accepted by the Secretary. (b) Subsequent transfers No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary after the Secretary consults with, and gives due consideration to the views of, the Attorney General. 5006. Lease terms and conditions An oil or gas lease issued under this subtitle shall— (1) provide for the payment of a royalty of not less than 12.5 percent in amount or value of the production removed or sold under the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures; (3) require that the lessee of land on the Coastal Plain shall be fully responsible and liable for the reclamation of land on the Coastal Plain and any other Federal land that is adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and on the 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 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 subtitle shall be, as nearly as practicable, a condition capable of supporting the uses which the land was capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as certified by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, the habitat of fish and wildlife, subsistence resources, and the environment as required under section 5003(a)(2); (7) provide that the lessee, agents of the lessee, and contractors of the lessee use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right-of-Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native corporations from throughout the State; and (8) contain such other provisions as the Secretary determines necessary to ensure compliance with this subtitle and the regulations issued pursuant to this subtitle. 5007. Coastal Plain environmental protection (a) No significant adverse effect standard To govern authorized Coastal Plain activities The Secretary shall, consistent with the requirements of section 5003, administer this subtitle through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain shall not result in any significant adverse effect on fish and wildlife, the habitat of fish and wildlife, or 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 amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 10,000 acres on the Coastal Plain for each 100,000 acres of area leased. (b) Site-Specific assessment and mitigation With respect to any proposed drilling and related activities, the Secretary shall require that— (1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, the habitat of fish and wildlife, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan. (c) Regulations To protect Coastal Plain fish and wildlife resources, subsistence users, and the environment Prior to implementing the leasing program authorized by this subtitle, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this subtitle are conducted in a manner consistent with the purposes and environmental requirements of this subtitle. (d) Compliance with Federal and State environmental laws and other requirements The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this subtitle shall require compliance with all applicable provisions of Federal and State environmental law and compliance with the following: (1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the document of the Department of the Interior entitled Final Legislative Environmental Impact Statement (2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration based on a preponderance of the best available scientific evidence that has been peer reviewed and obtained by following appropriate, documented scientific procedures, the results of which can be repeated using those same procedures. (3) That exploration activities, except for surface geological studies— (A) be limited to the period between approximately November 1 and May 1 each year; and (B) be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that exploration activities may occur at other times if the Secretary finds that the exploration will have no significant adverse effect on the fish and wildlife, the habitat of fish and wildlife, and the environment of the Coastal Plain. (4) Design safety and construction standards for all pipelines and any access and service roads, that minimize, to the maximum extent practicable, adverse effects on— (A) the passage of migratory species such as caribou; and (B) the flow of surface water by requiring the use of culverts, bridges, and other structural devices. (5) Prohibitions on general public access and use on all pipeline access and service roads. (6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this subtitle, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose. (7) Appropriate prohibitions or restrictions on access by all modes of transportation. (8) Appropriate prohibitions or restrictions on sand and gravel extraction. (9) Consolidation of facility siting. (10) Appropriate prohibitions or restrictions on the use of explosives. (11) Avoidance, to the extent practicable, of springs, streams, and river systems, the protection of natural surface drainage patterns, wetlands, and riparian habitats, and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling. (12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife. (13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law (including regulations). (14) Fuel storage and oil spill contingency planning. (15) Research, monitoring, and reporting requirements. (16) Field crew environmental briefings. (17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users. (18) Compliance with applicable air and water quality standards. (19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (20) Reasonable stipulations for protection of cultural and archeological resources. (21) All other protective environmental stipulations, restrictions, terms, and conditions determined necessary by the Secretary. (e) Considerations In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider— (1) the stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement; (2) the environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations; and (3) the land use stipulations for exploratory drilling on the KIC–ASRC private land that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States. (f) Facility consolidation planning (1) In general The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. (2) Objectives The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, the habitat of fish and wildlife, and the environment. (D) Using existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (g) Access to public land The Secretary shall— (1) manage public land in the Coastal Plain subject to section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 (2) ensure that local residents shall have reasonable access to public land in the Coastal Plain for traditional uses. 5008. Expedited judicial review (a) Filing of complaint (1) Deadline Subject to paragraph (2), any complaint seeking judicial review of— (A) any provision of this subtitle shall be filed by not later than 1 year after the date of enactment of this Act; or (B) any action of the Secretary under this subtitle shall be filed— (i) except as provided in clause (ii), during the 90-day period beginning on the date on which the action is challenged; or (ii) in the case of a complaint based solely on grounds arising after the period described in clause (i), not later than 90 days after the date on which the complainant knew or reasonably should have known of the grounds for the complaint. (2) Venue Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States Court of Appeals for the District of Columbia. (3) Limitation on scope of certain review (A) In general Judicial review of a decision by the Secretary to conduct a lease sale under this subtitle, including an environmental analysis, shall be— (i) limited to whether the Secretary has complied with this subtitle; and (ii) based on the administrative record of that decision. (B) Presumption The identification by the Secretary of a preferred course of action to enable leasing to proceed and the analysis by the Secretary of environmental effects under this subtitle is presumed to be correct unless shown otherwise by clear and convincing evidence. (b) Limitation on other review Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. (c) Limitation on attorneys’ fees and court costs (1) In general Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the Equal Access to Justice Act (2) Court costs A party to any action under this subtitle shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party. 5009. Treatment of revenues Notwithstanding any other provision of law, 90 percent of the amount of bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle shall be deposited in the Treasury. 5010. Rights-of-way across the Coastal Plain (a) In general The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas produced under leases under this subtitle— (1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act (30 U.S.C. 185), without regard to title XI of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3161 et seq. (2) under title XI of the Alaska National Interest Lands Conservation Act (30 U.S.C. 3161 et seq.), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170, 3171). (b) Terms and conditions The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, the habitat of fish and wildlife, subsistence resources, or the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines. (c) Regulations The Secretary shall include in regulations promulgated under section 5003(g) provisions granting rights-of-way and easements described in subsection (a). 5011. Conveyance In order to maximize Federal revenues by removing clouds on titles to land and clarifying land ownership patterns on the Coastal Plain, and notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3192(h)(2) (1) to the Kaktovik Inupiat Corporation, the surface estate of the land described in paragraph 1 of Public Land Order 6959, 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 (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which the Arctic Slope Regional Corporation is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America. B Native American Energy 5021. Findings Congress finds that— (1) the Federal Government has unreasonably interfered with the efforts of Indian tribes to develop energy resources on tribal land; and (2) Indian tribes should have the opportunity to gain the benefits of the jobs, investment, and economic development to be gained from energy development. 5022. Appraisals (a) Amendment Title XXVI of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 et seq. 2607. Appraisal reforms (a) Options to Indian Tribes With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal or other estimates of value relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by— (1) the Secretary; (2) the affected Indian tribe; or (3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. (b) Time Limit on Secretarial Review and Action Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraph (2) or (3) of subsection (a), the Secretary shall— (1) review the appraisal; and (2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal. (c) Failure of Secretary To approve or disapprove If the Secretary has failed to approve or disapprove any appraisal by the date that is 60 days after the date on which the appraisal is received, the appraisal shall be deemed approved. (d) Option of Indian tribes To waive appraisal An Indian tribe may waive the requirements of subsection (a) if the Indian tribe provides to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent to waive the requirements that— (1) is duly approved by the governing body of the Indian tribe; and (2) includes an express waiver by the Indian tribe of any claims for damages the Indian tribe might have against the United States as a result of the waiver. (e) Regulations The Secretary shall promulgate regulations to implement this section, including standards the Secretary shall use for approving or disapproving an appraisal under subsection (b). . (b) Conforming amendment The table of contents of the Energy Policy Act of 1992 ( 42 U.S.C. 13201 Sec. 2607. Appraisal reforms. . 5023. Standardization As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian land shall use a uniform system of reference numbers and tracking systems for oil and gas wells. 5024. Environmental reviews of major Federal actions on Indian land Section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (1) in the matter preceding paragraph (1) by inserting (a) In general.— The Congress authorizes (2) by adding at the end the following: (b) Review of major Federal actions on Indian land (1) Definitions of Indian land and Indian tribe In this subsection, the terms Indian land Indian tribe 25 U.S.C. 3501 (2) In general For any major Federal action on Indian land of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by— (A) the members of the Indian tribe; and (B) any other individual residing within the affected area. (3) Regulations The Chairman of the Council on Environmental Quality, in consultation with Indian tribes, shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions. . 5025. Judicial review (a) Definitions In this section: (1) Agency action The term agency action section 551 (2) Energy related action The term energy-related action (A) is filed on or after the date of enactment of this Act; and (B) seeks judicial review of a final agency action relating to the issuance of a permit, license, or other form of agency permission allowing— (i) any person or entity to conduct on Indian Land activities involving the exploration, development, production, or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity; or (ii) any Indian Tribe, or any organization of 2 or more entities, not less than 1 of which is an Indian tribe, to conduct activities involving the exploration, development, production, or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken. (3) Indian land (A) In general The term Indian land 25 U.S.C. 3501 (B) Inclusion The term Indian land 43 U.S.C. 1602 (4) Ultimately prevail (A) In general The term ultimately prevail (B) Exclusion The term ultimately prevail (b) Time for filing complaint (1) In general Any energy related action shall be filed not later than the end of the 60-day period beginning on the date of the action or decision by a Federal official that constitutes the covered energy project concerned. (2) Prohibition Any energy related action that is not filed within the time period described in paragraph (1) shall be barred. (c) District court venue and deadline An energy related action— (1) may only be brought in the United States District Court for the District of Columbia; and (2) shall be resolved as expeditiously as possible, and in any event not more than 180 days after the energy related action is filed. (d) Appellate review An interlocutory order or final judgment, decree or order of the district court in an energy related action— (1) may be appealed to the United States Court of Appeals for the District of Columbia Circuit; and (2) if the court described in paragraph (1) undertakes the review, the court shall resolve the review as expeditiously as possible, and in any event by not later than 180 days after the interlocutory order or final judgment, decree or order of the district court was issued. (e) Limitation on certain payments Notwithstanding section 1304 section 504 section 2412 (f) Limitation on attorneys' fees and court costs (1) In general Sections 504 of title 5 and 2412 of title 28, United States Code (commonly known as the Equal Access to Justice Act (2) Court costs A party to a covered civil action shall not receive payment from the Federal Government for the attorneys’ fees, expenses, or other court costs incurred by the party. 5026. Tribal resource management plans Unless otherwise explicitly exempted by Federal law enacted after the date of enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. 25 U.S.C. 3701 et seq. 5027. Leases of restricted lands for the Navajo Nation Subsection (e)(1) of the first section of the Act of August 9, 1955 ( 25 U.S.C. 415 Long-Term Leasing Act (1) by striking , except a lease for , including leases for (2) in subparagraph (A), by striking 25 years, except ; and 99 years; (3) in subparagraph (B), by striking the period and inserting ; and (4) by adding at the end the following: (C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that the lease may include an option to renew for 1 additional term not to exceed 25 years. . 5028. Nonapplicability of certain rules No rule promulgated by the Secretary of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall affect any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on behalf of which the land is held in trust or restricted status. C Additional regulatory provisions I State authority over hydraulic fracturing 5031. Finding Congress finds that given variations in geology, land use, and population, the States are best placed to regulate the process of hydraulic fracturing occurring on any land within the boundaries of the individual State. 5032. State authority (a) Definition of Federal land In this section, the term Federal land (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. (b) State authority (1) In general Notwithstanding any other provision of law, a State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State. (2) Federal land Notwithstanding any other provision of law, the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located. II Miscellaneous provisions 5041. Environmental legal fees Section 504 of title 5, United States Code, is amended by adding at the end the following: (g) Environmental legal fees Notwithstanding section 1304 (1) prevents, terminates, or reduces access to or the production of— (A) energy; (B) a mineral resource; (C) water by agricultural producers; (D) a resource by commercial or recreational fishermen; or (E) grazing or timber production on Federal land; (2) diminishes the private property value of a property owner; or (3) eliminates or prevents 1 or more jobs. . 5042. Master leasing plans (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Bureau of Land Management, shall not establish a master leasing plan as part of any guidance issued by the Secretary. (b) Existing master leasing plans Instruction Memorandum No. 2010–117 and any other master leasing plan described in subsection (a) issued on or before the date of enactment of this Act shall have no force or effect. VI Improving America's domestic refining capacity A Refinery permitting reform 6001. Finding Congress finds that the domestic refining industry is an important source of jobs and economic growth and whose growth should not be limited by an excessively drawn out permitting and approval process. 6002. Definitions In this subtitle: (1) Administrator The term Administrator (2) Expansion The term expansion (3) Indian tribe The term Indian tribe 25 U.S.C. 450b (4) Permit The term permit (A) under any Federal law; or (B) from a State or tribal government agency delegated authority by the Federal Government, or authorized under Federal law, to issue permits. (5) Refiner The term refiner (A) owns or operates a refinery; or (B) seeks to become an owner or operator of a refinery. (6) Refinery (A) In general The term refinery (i) a facility at which crude oil is refined into transportation fuel or other petroleum products; and (ii) a coal liquification or coal-to-liquid facility at which coal is processed into synthetic crude oil or any other fuel. (B) Inclusion The term refinery (7) Refinery permitting agreement The term refinery permitting agreement (8) State The term State (A) a State; and (B) the District of Columbia. 6003. Streamlining of refinery permitting process (a) In general At the request of the Governor of a State or the governing body of an Indian tribe, the Administrator shall enter into a refinery permitting agreement with the State or Indian tribe under which the process for obtaining all permits necessary for the construction and operation of a refinery shall be streamlined using a systematic, interdisciplinary multimedia approach, as provided in this section. (b) Authority of Administrator Under a refinery permitting agreement, the Administrator shall have the authority, as applicable and necessary— (1) to accept from a refiner a consolidated application for all permits that the refiner is required to obtain to construct and operate a refinery; (2) in consultation and cooperation with each Federal, State, or tribal government agency that is required to make any determination to authorize the issuance of a permit, to establish a schedule under which each agency shall— (A) concurrently consider, to the maximum extent practicable, each determination to be made; and (B) complete each step in the permitting process; and (3) to issue a consolidated permit that combines all permits issued under the schedule established under paragraph (2). (c) Refinery permitting agreements Under a refinery permitting agreement, a State or governing body of an Indian tribe shall agree that— (1) the Administrator shall have each of the authorities described in subsection (b); and (2) the State or tribal government agency shall— (A) in accordance with State law, make such structural and operational changes in the agencies as are necessary to enable the agencies to carry out consolidated, project-wide permit reviews concurrently and in coordination with the Environmental Protection Agency and other Federal agencies; and (B) comply, to the maximum extent practicable, with the applicable schedule established under subsection (b)(2). (d) Deadlines (1) New refineries In the case of a consolidated permit for the construction of a new refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than— (A) 365 days after the date of receipt of an administratively complete application for the consolidated permit; or (B) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 90 days after the expiration of the deadline described in subparagraph (A). (2) Expansion of existing refineries In the case of a consolidated permit for the expansion of an existing refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than— (A) 120 days after the date of receipt of an administratively complete application for the consolidated permit; or (B) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 30 days after the expiration of the deadline described in subparagraph (A). (e) Federal agencies Each Federal agency that is required to make any determination to authorize the issuance of a permit shall comply with the applicable schedule established under subsection (b)(2). (f) Judicial review Any civil action for review of a permit determination under a refinery permitting agreement shall be brought exclusively in the United States district court for the district in which the refinery is located or proposed to be located. (g) Efficient permit review In order to reduce the duplication of procedures, the Administrator shall use State permitting and monitoring procedures to satisfy substantially equivalent Federal requirements under this subtitle. (h) Severability If 1 or more permits that are required for the construction or operation of a refinery are not approved on or before an applicable deadline under subsection (d), the Administrator may issue a consolidated permit that combines all other permits that the refiner is required to obtain, other than any permits that are not approved. (i) Consultation with local governments The Administrator, States, and tribal governments shall consult, to the maximum extent practicable, with local governments in carrying out this section. (j) Effect of section Nothing in this section affects— (1) the operation or implementation of any otherwise applicable law regarding permits necessary for the construction and operation of a refinery; (2) the authority of any unit of local government with respect to the issuance of permits; or (3) any requirement or ordinance of a local government (such as a zoning regulation). B Repeal of renewable fuel standard 6011. Findings Congress finds that the mandates under the renewable fuel standard contained in section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) (1) impose significant costs on American citizens and the American economy, without offering any benefit; and (2) should be repealed. 6012. Phase out of renewable fuel standard (a) In general Section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) (1) in paragraph (2)— (A) in subparagraph (A)— (i) by striking clause (ii); and (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; and (B) in subparagraph (B), by striking clauses (ii) through (v) and inserting the following: (ii) Calendar years 2014 through 2018 Notwithstanding clause (i), for purposes of subparagraph (A), the applicable volumes of renewable fuel for each of calendar years 2014 through 2018 shall be determined as follows: (I) For calendar year 2014, in accordance with the table entitled I–2—Proposed 2014 Volume Requirements (II) For calendar year 2015, the applicable volumes established under subclause (I), reduced by 20 percent. (III) For calendar year 2016, the applicable volumes established under subclause (I), reduced by 40 percent. (IV) For calendar year 2017, the applicable volumes established under subclause (I), reduced by 60 percent. (V) For calendar year 2018, the applicable volumes established under subclause (I), reduced by 80 percent. ; (2) in paragraph (3)— (A) by striking 2021 2017 (B) in subparagraph (B)(i), by inserting , subject to the condition that the renewable fuel obligation determined for a calendar year is not more than the applicable volumes established under paragraph (2)(B)(ii) (3) by adding at the end the following: (13) Sunset The program established under this subsection shall terminate on December 31, 2018. . (b) Regulations Effective beginning on January 1, 2019, the regulations contained in subparts K and M of part 80 of title 40, Code of Federal Regulations (as in effect on that date of enactment), shall have no force or effect. VII Stopping EPA overreach 7001. Findings Congress finds that— (1) the Environmental Protection Agency has exceeded its statutory authority by promulgating regulations that were not contemplated by Congress in the authorizing language of the statutes enacted by Congress; (2) no Federal agency has the authority to regulate greenhouse gases under current law; and (3) no attempt to regulate greenhouse gases should be undertaken without further Congressional action. 7002. Clarification of Federal regulatory authority to exclude greenhouse gases from regulation under the Clean Air Act (a) Repeal of Federal climate change regulation (1) Greenhouse gas regulation under Clean Air Act Section 302(g) of the Clean Air Act ( 42 U.S.C. 7602(g) (A) by striking (g) The term (g) Air pollutant (1) In general The term ; and (B) by adding at the end the following: (2) Exclusion The term air pollutant . (2) No regulation of climate change Notwithstanding any other provision of law, nothing in any of the following Acts or any other law authorizes or requires the regulation of climate change or global warming: (A) The Clean Air Act ( 42 U.S.C. 7401 et seq. (B) The Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (C) The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (D) The Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (E) The Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. (b) Effect on proposed rules of the EPA In accordance with this section, the following proposed or contemplated rules (or any similar or successor rules) of the Environmental Protection Agency shall be void and have no force or effect: (1) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units (2) The contemplated rules on carbon pollution for existing power plants. (3) Any other contemplated or proposed rules proposed to be issued pursuant to the purported authority described in subsection (a)(2). 7003. Jobs analysis for all EPA regulations (a) In general Before proposing or finalizing any regulation, rule, or policy, the Administrator of the Environmental Protection Agency shall provide an analysis of the regulation, rule, or policy and describe the direct and indirect net and gross impact of the regulation, rule, or policy on employment in the United States. (b) Limitation No regulation, rule, or policy described in subsection (a) shall take effect if the regulation, rule, or policy has a negative impact on employment in the United States unless the regulation, rule, or policy is approved by Congress and signed by the President. VIII Debt freedom fund 8001. Findings Congress finds that— (1) the national debt being over $17,000,000,000,000 in 2014— (A) threatens the current and future prosperity of the United States; (B) undermines the national security interests of the United States; and (C) imposes a burden on future generations of United States citizens; and (2) revenue generated from the development of the natural resources in the United States should be used to reduce the national debt. 8002. Debt freedom fund Notwithstanding any other provision of law, in accordance with all revenue sharing arrangement with States in effect on the date of enactment of this Act, an amount equal to the additional amount of Federal funds generated by the programs and activities under this Act (and the amendments made by this Act)— (1) shall be deposited in a special trust fund account in the Treasury, to be known as the Debt Freedom Fund (2) shall not be withdrawn for any purpose other than to pay down the national debt of the United States, for which purpose payments shall be made expeditiously.

American Energy Renaissance Act of 2014

Location Privacy Protection Act of 2014 - Amends the federal criminal code to prohibit a covered entity (nongovernmental individual or entity) from knowingly collecting or disclosing to another covered entity geolocation information from an electronic communications device without the consent of the individual using the device. Specifies exceptions, including for collection or disclosure: (1) for the provision of fire, medical, public safety, or other emergency services; or (2) pursuant to a court order or a request by a law enforcement agency. Defines "geolocation information" as specified information that is not the contents of a communication, is generated by or derived from the operation or use of such a device, is sufficient to identify the street and city or town in which the device is located, and does not include the Internet protocol address or the home, business, or billing address of the individual. Defines "consent" as affirmative express consent after receiving clear, prominent, and accurate notice that: (1) informs the individual that his or her geolocation information will be collected, (2) identifies the categories of covered entities to which the information may be disclosed, and (3) provides the individual easy access to the collecting agency's geolocation information website. Requires a covered entity that initially collects geolocation information from such a device in a manner that it has reason to believe is imperceptible to the individual using the device, in addition to obtaining consent, to provide clear, prominent, and accurate notice to the individual, not earlier than 24 hours nor later than 7 days after the initial collection, that geolocation information is being collected Requires a covered entity that collects the geolocation information of more than 1,000 electronic communications devices in a year to maintain a publicly accessible Internet website that includes: (1) the nature of the information collected; (2) the purposes for which the covered entity collects, uses, and discloses the information; (3) the specific covered entities to which the collecting entity discloses geolocation information; and (4) how an individual may electronically revoke consent for the collection and disclosure of such information. Requires the Attorney General to issue regulations to implement such requirements. Authorizes civil actions by the Attorney General and aggrieved individuals for violations of this Act, subject to specified limitations. Prohibits: (1) the unauthorized disclosure of geolocation information in aid of interstate domestic violence or stalking; (2) the fraudulent collection of geolocation records information obtained by a geolocation information service; and (3) the manufacture, distribution, possession, and advertising of geolocation information intercepting devices. Provides for the forfeiture of such devices. Establishes in the Treasury an Anti-Stalking Fund: (1) into which shall be deposited an amount equal to the value of any such device and related proceeds forfeited, and (2) which the Attorney General shall use for training on investigating and prosecuting stalking crimes and for support of help line and emergency response efforts for such crimes. Directs the Attorney General to include as part of each National Crime Victimization Survey, and the Director of the Center for Disease Control and Prevention (CDC) to include as part of each National Intimate Partner and Sexual Violence Survey, questions examining the role that various new technologies that use geolocation information may have in the facilitation of domestic violence, dating violence, sexual assault, or stalking. Requires the Attorney General to direct the Internet Crime Complaint Center to provide education and awareness information to the public and law enforcement and register complaints regarding the abuse of geolocation information to commit domestic violence, dating violence, sexual assault, stalking, or other related crimes. Authorizes the Director of the Office on Violence Against Women to make grants to develop and provide training relating to investigating and prosecuting the misuse of geolocation information in the commission of such crimes.

113 S2171 IS: Location Privacy Protection Act of 2014 U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2171 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Franken Mr. Coons Ms. Warren Committee on the Judiciary A BILL To address voluntary location tracking of electronic communications devices, and for other purposes. 1. Short title This Act may be cited as the Location Privacy Protection Act of 2014 2. Definition In this Act, the term geolocation information section 2713 3. Voluntary location tracking of electronic communications devices (a) In general Chapter 121 2713. Voluntary location tracking of electronic communications devices (a) Definitions In this section— (1) the term covered entity (2) the term consent (A) informs the individual that his or her geolocation information will be collected by the covered entity; and (B) identifies the categories of covered entities to which the geolocation information may be disclosed by the covered entity; (C) provides the individual a hyperlink or comparably easily accessible means to access the information specified in subsection (b)(4); (3) the term electronic communications device (A) enables access to, or use of, an electronic communications system, electronic communication service, remote computing service, or geolocation information service; and (B) is commonly carried by or on the person of an individual or commonly travels with the individual, including in or as part of a vehicle the individual drives; (4) the term geolocation information (A) means any information that— (i) is not the contents of a communication; (ii) is in whole or in part generated by or derived from the operation or use of an electronic communications device; and (iii) is sufficient to identify the street name and name of the city or town in which the device is located; and (B) does not include the Internet protocol address or the home, business, or billing address of the individual, or any component parts of such addresses; and (5) the term geolocation information service (b) Collection or disclosure of geolocation information to or by nongovernmental entities (1) In general Except as provided in paragraph (2), a covered entity may not knowingly collect or disclose to another covered entity the geolocation information from an electronic communications device without the consent of the individual that is using the electronic communications device. (2) Exceptions A covered entity may knowingly collect or disclose to another covered entity the geolocation information from an electronic communication device without consent if the collection or disclosure is— (A) to allow a parent or legal guardian to locate an unemancipated minor child or ward; (B) to allow a court-appointed guardian to locate a legally incapacitated person; (C) for the provision of fire, medical, public safety, or other emergency services; (D) pursuant to a court order in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, if the individual is— (i) given reasonable notice by the person seeking the disclosure of the court proceeding relevant to the issuance of the court order; and (ii) afforded the opportunity to appear and contest the claim of the person seeking the disclosure; (E) requested by a law enforcement agency of the United States, a State, or a political subdivision of a State pursuant to any lawful authority or activity, including chapter 119, the Federal Rules of Criminal Procedure, or any other provision of Federal or State law, if the covered entity uses the geolocation information collected in response to the request solely for law enforcement purposes; (F) necessary for network operation by a person that is subject to section 222 or 631 of the Communications Act of 1934 (47 U.S.C. 222 and 551), if the person uses the information solely for purposes of network operation; (G) for the sole purpose of transmitting the information to a person and in a circumstance described in subparagraph (A), (B), (C), (D), (E), or (F); (H) necessary to protect the property of the covered entity or to protect the covered entity’s customers or other covered entities from fraudulent, abusive or unlawful conduct; or (I) conducted by any covered entity that is not the covered entity that initially collected the information from the electronic communications device. In granting an order described in subparagraph (D), the court shall impose appropriate safeguards against unauthorized disclosure. (3) Anti-stalking protections Except for an instance in which geolocation information is being collected under the exception described in paragraph (2)(E), a covered entity that initially collects geolocation information from an electronic communications device in a manner that the covered entity has reason to believe is imperceptible to the individual using the electronic communications device shall, in addition to obtaining consent under paragraph (1), provide clear, prominent, and accurate notice to the individual, not earlier than 24 hours and not later than 7 days after the initial collection, informing the individual that his or her geolocation information is being collected and providing him or her the information specified in paragraph (4). (4) Publication of information A covered entity that collects the geolocation information of more than 1,000 electronic communications devices in a year shall maintain a publicly accessible Internet website that includes— (A) the nature of the geolocation information that the covered entity collects from electronic communications devices; (B) the purposes for which the covered entity collects, uses, and discloses the information; (C) the specific covered entities to which the covered entity discloses geolocation information; and (D) how an individual may electronically revoke consent for the collection and disclosure of geolocation information. (c) Rulemaking (1) In general The Attorney General shall, in consultation with the Federal Trade Commission, issue regulations to implement the requirements of this section. All regulations promulgated under this section shall be issued in accordance with section 553 of title 5. (2) Flexible rulemaking In promulgating regulations under this section, the Attorney General shall— (A) avoid any regulatory requirement that would create redundant notifications or requests for consent, including in instances in which an individual has previously consented to the collection of his or her geolocation information or its disclosure to a particular category of individuals or entities; and (B) ensure that such regulations address the specific operational requirements of shared and legacy electronic communications devices. (d) Civil remedies (1) Action by attorney general of the united states If the Attorney General of the United States has reasonable cause to believe that an individual or entity is violating this section or its implementing regulations, the Attorney General may bring a civil action in an appropriate United States district court. (2) Right of action Any individual aggrieved by any action of an individual or entity in violation of this section or its implementing regulations may bring a civil action in an appropriate United States district court. (3) Rights of attorney general (A) Notice (i) In general Except as provided in clause (iii), an aggrieved person bringing a civil action under paragraph (2) shall notify the Attorney General in writing that the person intends to bring the action before initiating that action. (ii) Contents A notification provided under 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 person to provide the notification required by clause (i) before initiating a civil action under paragraph (2), the person shall notify the Attorney General immediately upon instituting the civil action. (B) Intervention The Attorney General may— (i) intervene in any civil action brought by an aggrieved person under paragraph (2); 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. (C) Preemptive action If the Attorney General brings a civil action under paragraph (1), a person may not, during the pendency of such action, bring a civil action under paragraph (2) against any defendant named in the complaint of the Attorney General for any violation with respect to which the Attorney General instituted such action. (4) Relief (A) In general In a civil action brought under this subsection, the court may award— (i) damages of not more than $5,000 per violation per day while such a violation exists, with a maximum of $500,000 per violation; (ii) punitive damages in an additional amount of not more than $5,000 per violation per day while such violation exists, with a maximum of an additional $500,000 per violation; (iii) reasonable attorney’s fees and other litigation costs reasonably incurred; and (iv) such other preliminary or equitable relief as the court determines to be appropriate. (B) Penalty limits Notwithstanding any other provision of law, the total amount of civil penalties that may be imposed with respect to a covered entity that violates this section or its implementing regulations shall not exceed, for all violations resulting from the same or related acts or omissions, $1,000,000, unless the conduct is found to be willful or intentional. If a court determines that a violation was willful or intentional and imposes an additional penalty, the court may impose an additional penalty in accordance with subparagraph (A) in an amount that does not exceed $1,000,000. (5) Period of limitations (A) In general Except as provided in subparagraph (B), a civil action may not be brought under this subsection unless the civil action is filed not later than 2 years after the later of— (i) the date of the act complained of; or (ii) the date of discovery of the act complained of. (B) Limitation In no instance may a civil action be brought under this subsection after the date that is 10 years after the date of the act complained of. . (e) Effects on other law (1) In general This section shall supersede a provision of the law of a State or political subdivision of a State that requires or allows collection or disclosure of geolocation information prohibited by this section. (2) State consumer protection laws Nothing in this section shall be construed to preempt the law of a State that grants greater consumer protections relating to the collection, receipt, recording, obtaining, or disclosure of geolocation information from electronic communications devices. (3) Rights and remedies Nothing in this section shall be construed to effect the rights and remedies of any individual under any other State or Federal law. (4) Common carriers and cable services This section shall not apply to the activities of an individual or entity to the extent the activities are subject to section 222 or 631 of the Communications Act of 1934 (47 U.S.C. 222 and 551). . (b) Technical and conforming amendments Chapter 121 (1) in the table of sections, by adding at the end the following: 2713. Voluntary location tracking of electronic communications devices. ; and (2) in section 2702(c), by striking A provider Except as provided under section 2713, a provider (c) Effective date; applicability (1) In general The amendments made by this section— (A) shall take effect on the date of enactment of this Act; and (B) except as provided in paragraph (2), shall apply on and after the date that is 180 days after the issuance of regulations under section 2713(c) (2) Regulations Section 2713(c) 4. Geolocation information used in interstate domestic violence or stalking (a) In general Chapter 110A (1) by redesignating section 2266 as section 2267; (2) by inserting after section 2265 the following: 2266. Geolocation information used in interstate domestic violence or stalking (a) Offenses; unauthorized disclosure of geolocation information in aid of interstate domestic violence or stalking A covered entity that— (1) knowingly and willfully discloses geolocation information about an individual to another individual; (2) knew that a violation of section 2261, 2261A, or 2262 would result from the disclosure; and (3) intends to aid in a violation of section 2261, 2261A, or 2262 as a result of the disclosure, shall be punished as provided in subsection (b). (b) Penalties A covered entity that violates subsection (a) shall be fined under this title, imprisoned for not more than 2 years, or both. ; and (3) in section 2267, as so redesignated, by adding at the end the following: (11) Covered entity; geolocation information The terms covered entity geolocation information . (b) Technical and conforming amendments (1) Title 10 Section 1561a(b) section 2266(5) section 2267(5) (2) Title 18 Title 18, United States Code, is amended— (A) in section 113(b)(3), by striking section 2266 section 2267 (B) in section 1992(d)(14), by striking section 2266 section 2267 (C) in chapter 110A— (i) in the table of sections, by striking the item relating to section 2266 and inserting the following: “2266. Geolocation information used in interstate domestic violence or stalking. “2267. Definitions.”; and (ii) in section 2261(b)(6), by striking section 2266 of title 18, United States Code, section 2267 (3) Indian Civil Rights Act of 1968 Section 204(a)(7) of Public Law 90–284 25 U.S.C. 1304 et seq. Indian Civil Rights Act of 1968 section 2266 section 2267 (4) Omnibus crime control and safe streets act of 1968 Section 2011(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–5(c)) is amended by striking section 2266 section 2267 5. Fraudulent collection of geolocation information (a) In general Section 1039(h) (1) in paragraph (2)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following: (C) includes any geolocation information service. ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) Geolocation information service The term geolocation information service . (b) Conforming amendments (1) In general Section 1039 (A) in the section heading, by inserting or geolocation phone (B) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting or geolocation phone (ii) in paragraph (4), by inserting or geolocation phone (C) in subsection (b)— (i) in the subsection heading, by inserting or Geolocation Phone (ii) in paragraph (1), by inserting or geolocation phone (iii) in paragraph (2), by inserting or geolocation phone (D) in subsection (c)— (i) in the subsection heading, by inserting or Geolocation Phone (ii) in paragraph (1), by inserting or geolocation phone (iii) in paragraph (2), by inserting or geolocation phone (E) in subsection (h)(1)— (i) in the paragraph heading, by inserting or geolocation phone (ii) in the matter preceding subparagraph (A), by inserting or geolocation phone (2) Table of sections The table of sections for chapter 47 1039. Fraud and related activity in connection with obtaining confidential phone or geolocation records information of a covered entity. (c) Sentencing guidelines (1) Review and amendment Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 (2) Authorization The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 6. Prohibiting development and distribution of stalking apps (a) In general Section 2512 (1) in the section heading, by striking electronic communication electronic communications or geolocation information (2) by inserting or geolocation information or electronic communications (b) Technical and conforming amendment The table of sections for chapter 119 2512. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communications or geolocation information intercepting devices prohibited. 7. Forfeiture of proceeds of stalking apps (a) In general Section 2513 (1) in the section heading, by striking electronic communication electronic communications or geolocation information (2) by inserting (a) In General Any electronic (3) in the first sentence, by inserting , and any proceeds from the use or sale of such a device, section 2512 of this chapter (4) by adding at the end the following: (b) Anti-Stalking fund (1) Fund There is established in the Treasury a fund, to be known as the Anti-Stalking Fund Fund (2) Crediting of amounts Notwithstanding section 3302 (3) Use of fund The Attorney General may, without further appropriation, use amounts in the Fund to— (A) develop and provide training to law enforcement officers, prosecutors, judges, and victim service personnel throughout the United States regarding relevant Federal, State, territorial, or local law and promising practices, procedures, and policies relating to investigating and prosecuting stalking crimes; and (B) support help line and emergency response efforts for stalking crimes. . (b) Technical and conforming amendment The table of sections for chapter 119 2513. Confiscation of wire, oral, or electronic communications or geolocation information intercepting devices. 8. Information gathering on the use of geolocation data in violence against women (a) National crime victimization survey As soon as practicable and not later than 1 year after the date of enactment of this Act, as part of each National Crime Victimization Survey, the Attorney General shall include questions examining the role that various new technologies that use geolocation information may have in the facilitation of domestic violence, dating violence, sexual assault, or stalking, including the use of— (1) global positioning system technology; (2) smartphone mobile applications; (3) in-car navigation devices; and (4) geo-tagging technology. (b) National intimate partner and sexual violence survey As soon as practicable and not later than 1 year after the date of enactment of this Act, as part of each National Intimate Partner and Sexual Violence Survey, the Director of the Center for Disease Control and Prevention shall include questions relating to the use of geolocation information as described in subsection (a). (c) Consultation The Attorney General, acting through the Director of the Office on Violence Against Women and the Director of the National Institute of Justice, shall consult with representatives from the Federal agencies, offices of State attorneys general, national victim advocacy organizations, and the industries related to the technologies described in subsection (a) to assist in the coordination and collection of data described in subsection (a). 9. Geolocation crime information and reporting (a) Implementation The Attorney General shall direct the Internet Crime Complaint Center to provide education and awareness information to the public and law enforcement and register complaints regarding the abuse of geolocation information to commit domestic violence, dating violence, sexual assault, stalking, or other related crimes. (b) Consultations In determining what information will be provided to the public and collected in complaints under subsection (a), the Attorney General shall consult with nongovernmental entities that have demonstrated expertise relating to the abuse of the Internet or geolocation information to commit stalking, domestic violence, dating violence, sexual assault, or other related crimes. (c) Report Not later than 18 months after the date of enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that discusses and summarizes the information collected in complaints filed under subsection (a). 10. National geolocation curriculum development (a) In general The Attorney General, through the Director of the Office on Violence Against Women, may make grants to entities to develop and provide training to law enforcement officers, prosecutors, judges, and victim service personnel throughout the United States regarding relevant Federal, State, territorial, or local law and promising practices, procedures, and policies relating to investigating and prosecuting the misuse of geolocation information in the commission of stalking, domestic violence, dating violence, sexual assault, and other crimes. (b) Application An eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.

Location Privacy Protection Act of 2014

End Pay Discrimination Through Information Act This bill amends the Fair Labor Standards Act of 1938 to prohibit an employer from discriminating against an employee who inquires about, discusses, or discloses the wages of the employee or another employee. This protection does not apply to an employee who has access to wage information as part of the employee's essential job functions, unless the disclosure is in response to a sex discrimination complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, including an investigation conducted by the employer.

113 S2172 IS: End Pay Discrimination Through Information Act U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2172 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Heller Ms. Murkowski Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to improve nonretaliation provisions relating to equal pay requirements. 1. Short title This Act may be cited as the End Pay Discrimination Through Information Act 2. Findings Congress finds the following: (1) People in the United States understand that intentional workplace discrimination is wrong. (2) Equal pay for equal work is a principle and practice that should be observed by all employers. (3) Women constitute a significant portion of the workforce of the United States. (4) An increasing number of families in the United States depend on the income of a working woman. (5) Many women are pursuing or have attained postsecondary degrees or specialized training to make them strong candidates for good jobs that will provide for their families. (6) Employers that intentionally discriminate on the basis of sex should be held accountable for their wrongdoing. 3. Enhanced enforcement of equal pay requirements Section 15 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215 (1) in subsection (a)(3), by striking employee has filed committee; employee— (A) has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing, or action, or has served or is planning to serve on an industry committee; or (B) has inquired about, discussed, or disclosed the wages of the employee or another employee; ; and (2) by adding at the end the following: (c) Subsection (a)(3)(B) shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee’s essential job functions discloses the wages of such other employees to an individual who does not otherwise have access to such information, unless such disclosure is in response to a charge or complaint or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law. .

End Pay Discrimination Through Information Act

Commonsense Competition and Access to Health Insurance Act - Amends the Patient Protection and Affordable Care Act (PPACA) to permit two or more states to enter into an agreement under which one or more qualified health plans could be offered in small group markets, as well as in the individual markets (as under current law), in all such states. Directs the Secretary, by December 31, 2014, to request the National Association of Insurance Commissioners (NAIC) to report on health plans provided for under PPACA. Allows the Secretary also to request NAIC to gather concepts for inclusion in the report from organizations and entities that have experience in offering qualified health plans in states in which those plans were not originally issued. Requires the Secretary, by December 31, 2014, to report to Congress about: (1) how the Secretary may utilize the flexibility provided under PPACA (relating to allowing a regional or interstate exchange) to allow health insurance issuers offering qualified health plans in an Exchange operated by the federal government to offer plans in a state other than the state in which that plan was originally written or issued; and (2) how such an Exchange can be a conduit to forming interstate insurance state compacts.

113 S2174 IS: Commonsense Competition and Access to Health Insurance Act U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2174 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Warner Mr. Manchin Ms. Landrieu Ms. Heitkamp Mr. Begich Mr. Franken Ms. Klobuchar Committee on Health, Education, Labor, and Pensions A BILL To amend the Patient Protection and Affordable Care Act to provide greater flexibility in offering health insurance coverage across State lines. 1. Short title This Act may be cited as the Commonsense Competition and Access to Health Insurance Act 2. Providing small business health insurance across State lines Section 1333(a)(1)(A) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18053(a)(1)(A) and small group markets individual markets 3. Report and models Section 1333 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18053 (b) NAIC report and models (1) In general Not later than December 31, 2014, the Secretary shall request that the National Association of Insurance Commissioners submit to the Secretary a report concerning health plans provided for under this section. Such report shall include— (A) a description of the challenges that States would face by permitting issuers of qualified health plans to offer such plans in States other than those States where such plan was originally written or issued; (B) an assessment of how an out-of-State insurer would go about building an adequate provider network; (C) a description of how such challenges could be lessened without weakening the enforcement of laws and regulations described in subsection (a)(1)(B)(i) in any State that is included in a compact under this section; (D) a description of the commonalities that exist in State laws and opportunities to allow issuers of qualified health plans to offer such plans in States other than those States where such plan was originally written or issued; and (E) models to be used by States to establish and enter into interstate health care choice compacts under this section, which— (i) may include model legislation for use by States to enact laws to enter into such compacts; (ii) shall identify how States would continue to enforce, and not weaken, the laws and regulations described in subsection (a)(1)(B)(i) in any State that is included in such compact; and (iii) shall identify how such models would ensure that there is no violation of the conditions for Secretarial approval under subsection (a)(3). (2) Other organizations and entities In making the request under paragraph (1), the Secretary may also request that the National Association of Insurance Commissioners gather concepts for inclusion in the report under such paragraph from organizations and entities that have experience in offering qualified health plans in States in which such plans were not originally issued. (c) Report by Secretary Not later than December 31, 2014, the Secretary, in consultation with the National Association of Insurance Commissioners, shall submit to Congress a report that describes how the Secretary may utilize the flexibility provided by section 1311(f)(1) (relating to allowing a regional or interstate exchange) to allow health insurance issuers offering qualified health plans in an Exchange operated by the Federal Government to offer plans in a State other than the State in which such plan was originally written or issued. Such report shall describe how an Exchange operated by the Federal Government can be a conduit to forming interstate insurance State compacts. .

Commonsense Competition and Access to Health Insurance Act

Enhancing Access for Agents and Brokers Act - Directs the Secretary of Health and Human Services (HHS) to establish a toll-free customer service support help line to enable certified health insurance agents and brokers to seek assistance regarding qualified health plans offered in the federal health insurance marketplace. Amends the Patient Protection and Affordable Care Act to require the Secretary to establish procedures to permit a broker name and National Producer Number to be added to an application for enrollment in a health plan offered through a health care exchange at any time during the application process and for any enrollment period. Requires such procedures to ensure that the National Producer Number is designed to assist consumers in obtaining needed assistance to complete enrollment, ensure that brokers are adequately compensated, and provide consumer protections by identifying each agent or broker that has worked on an enrollment case. Directs the Secretary to: make available on the federal government website for health insurance coverage a list of all certified agents and brokers; contract with the National Insurance Producers Registry to regularly verify the licensure status of all such agents and brokers and develop a mechanism to enable submission of changes to contact and licensure information; and provide trained navigators, agents, and brokers, no later than five business days after promulgation or issuance of any new cost- or enrollment-related policies, with a clear description of such policy changes.

113 S2175 IS: Enhancing Access for Agents and Brokers Act U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2175 IN THE SENATE OF THE UNITED STATES March 27, 2014 Ms. Landrieu Mrs. Shaheen Mr. Manchin Mr. Warner Ms. Heitkamp Mr. Begich Committee on Health, Education, Labor, and Pensions A BILL To amend the Patient Protection and Affordable Care Act to enhance access for independent agents and brokers to information regarding marketplace enrollment. 1. Short title This Act may be cited as the Enhancing Access for Agents and Brokers Act 2. Enhancing access for independent agents and brokers (a) Agent and broker and consumer support line Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall establish a dedicated toll-free customer service support help line to enable certified health insurance agents and brokers to seek assistance regarding qualified health plans offered in the Federal health insurance marketplace. (b) National producer number Section 1312(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(e) (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and redesignating the margins accordingly; (2) by striking The Secretary shall (1) In general The Secretary shall ; and (3) by adding at the end the following: (2) National producer number The Secretary shall establish procedures to permit a broker name and National Producer Number to be added to an application for enrollment in a qualified health plan offered through an Exchange at any time during the application process, and for any enrollment period described in section 1311(c)(6). Such procedures shall ensure that the National Producer Number is designed to assist consumers in obtaining needed assistance to complete enrollment, to ensure that brokers are adequately compensated for their role in that process, and to provide protections to consumers by identifying each agent or broker that has worked on an enrollment case in the event of any errors or other issues with the application. (3) List of agents and brokers Not later than 14 days after the date of the enactment of this paragraph, the Secretary shall make available on the Internet website maintained by the Federal Government for health insurance coverage (healthcare.gov or any subsequent Internet site (or sites) that is established in whole or in part by the Federal Government to facilitate enrollment in qualified health plans, the receipt of tax credits or cost sharing reduction assistance, or comparisons of available qualified health plans) a list of all agents and brokers who have been trained and are currently certified by the Federal Exchange, including their name and National Producer number and if available their business address, electronic mail address, website, and phone number. The Secretary shall enter into a contract with the National Insurance Producers Registry to regularly verify, at least on a monthly basis, the licensure status of all of agents and brokers who have been trained and are currently certified by the Federal Exchange and a mechanism shall be developed and made accessible to all certified agents and brokers to enable such agents and brokers to submit any changes to their contact and licensure information to the Secretary so that such website updates contain accurate agent and broker contact information. (4) New information disclosure Not later than 5 business days after the promulgation of any new regulation, or issuance of any guidance, technical letter, or other official policy statement that impacts the enrollment of individuals in qualified health plans, the receipt of tax credits or cost sharing reduction assistance, or comparisons of available qualified health plans, the Secretary provide all navigators (under section 1311(i)), agents, and brokers who have been trained and are currently certified by the Federal Exchange with a clear description of such policy changes, including specific practical guidance as to how certified navigators, agents, and brokers can best assist their clients and help clients take advantage of any such policy changes. .

Enhancing Access for Agents and Brokers Act

Commonsense Reporting Act of 2014 - Amends the Internal Revenue Code, with respect to reporting of health care coverage information, to: (1) allow identification of dependents of the primary insured by name and date of birth, instead of taxpayer identification number, if the employer or health insurance issuer does not collect or maintain tax identification numbers for such dependents; and (2) allow an individual to refuse consent to receive tax information statements relating to health insurance coverage in electronic form. Directs the Department of the Treasury to report to Congress on the processes necessary to develop a reporting system allowing employers to voluntarily provide information on health care coverage offered by such employers.

113 S2176 IS: Commonsense Reporting Act of 2014 U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2176 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Warner Mr. Franken Mr. Begich Mr. Manchin Mrs. Shaheen Ms. Heitkamp Mr. Udall of New Mexico Ms. Klobuchar Committee on Finance A BILL To revise reporting requirements under the Patient Protection and Affordable Care Act to preserve the privacy of individuals, and for other purposes. 1. Short title This Act may be cited as the Commonsense Reporting Act of 2014 2. Findings Congress finds the following: (1) Reporting requirements under the Patient Protection and Affordable Care Act ( Public Law 111–148 (2) Protection of the primary insured individual and each other individual covered under the policy, which should include minimizing the transmittal of social security numbers, should be a priority when implementing reporting requirements. (3) The Department of the Treasury and the Internal Revenue Service should continue to work together with other departments and agencies, including the Department of Health and Human Services, the Department of Labor, and the Small Business Administration, to streamline reporting and administrative processes under the Patient Protection and Affordable Care Act. These same agencies and departments should also work together to identify ways to minimize compliance burdens on businesses, insurance carriers, and individuals. 3. Protection of dependent privacy (a) In general Paragraph (1) of section 6055(b) For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if the health insurance issuer or the employer does not collect or maintain information on the TINs of such individuals (other than for purposes of this section), the individual's name and date of birth may be substituted for the name and TIN. . (b) Effective date The amendment made by this section shall apply to returns the due date for which is after December 31, 2013. 4. Employee opt-out (a) In general Subsection (d) of section 6056 An individual shall be deemed to have consented to receive the statement under this section in electronic form if such individual has consented at any prior time, to a person required to furnish to such individual any statement for use in filing the return of tax, to receive such statement in electronic form, unless the individual explicitly refuses such consent. . (b) Statements relating to health insurance coverage Subsection (c) of section 6055 (3) Electronic delivery An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has consented at any prior time to receive in electronic form any private health information (such as electronic health records) furnished to such individual by the person required to make such statement, unless the individual explicitly refuses such consent. . (c) Effective date The amendments made by this section shall apply to statements the due date for which is after December 31, 2013. 5. Study (a) In general The Department of the Treasury, in consultation with the Department of Health and Human Services, the Department of Labor, and the Small Business Administration, shall report to Congress not later than 90 days after the date of the enactment of this Act on the processes necessary to develop a prospective reporting system in which an employer would be considered to have complied with section 6056 of the Internal Revenue Code of 1986 for future reporting periods if the employer provided information on a voluntary basis on the affordability and value of the health coverage offered by such employer, generally to whom it is offered, and the length of any waiting period. (b) Requirements The report under subsection (a) should address— (1) the processes necessary to ensure that Exchanges could access the general information described in subsection (a) to assist in verifying eligibility determinations for advance payment of the premium tax credits under section 36B of the Internal Revenue Code of 1986 and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act (Public Law 111–148); (2) guidance on how employers who provide this information on a voluntary basis in advance may be considered exempt from general reporting requirements under section 6056 of the Internal Revenue Code of 1986, and should instead be required only to provide individual reports to employees who have been deemed eligible for advance payment of premium tax credits; (3) any barriers that currently exist in data systems maintained by the Department of Health and Human Services or the Internal Revenue Service which would hinder the development of such a verification system, and recommendations for addressing such barriers; (4) any statutory barriers that would prevent the administration from implementing a voluntary prospective reporting system and exempting employers who utilize such system from general reporting requirements under such section 6056; and (5) the costs to develop such a system. (c) Open comment period After the submission of the report under subsection (a) to Congress, there shall be an open comment period of not less than 60 days for applicable employers and other interested parties to respond to the contents of the report. All comments submitted shall be accessible on a publicly available database.

Commonsense Reporting Act of 2014

Criminal Justice and Forensic Science Reform Act - Establishes an Office of Forensic Science within the Office of the Deputy Attorney General in the Department of Justice (DOJ). Requires the Director of the Office to: (1) establish with the Director of the National Institute of Standards and Technology (NIST) a Memorandum of Understanding to ensure collaboration and coordination in the implementation of this Act; (2) establish, lead, and oversee implementation of standards for forensic science laboratory accreditation and forensic science personnel certification; (3) establish a comprehensive strategy for scientific research in the forensic sciences; (4) establish standards and best practices for forensic science disciplines; (5) define "forensic science discipline" and "forensic science laboratory" for purposes of this Act and establish and maintain a list of forensic science disciplines; (6) establish committees to examine research needs, standards, best practices, and certification standards for the forensic science disciplines; and (7) establish a code of ethics for the forensic science disciplines. Establishes a Forensic Science Board to strengthen and promote confidence in the criminal justice system by promoting standards and best practices and ensuring scientific validity, reliability, and accuracy of forensic testing, analysis, identification, and comparisons, the results of which may be used during the course of a criminal investigation or criminal court proceeding. Prohibits a forensic science laboratory or covered entity (an entity that is not a forensic science laboratory and that conducts forensic testing) from receiving federal funds unless: (1) the Director has verified that the laboratory has been accredited in accordance with the standards and procedures established under this Act, and (2) all relevant personnel (individuals who conduct forensic testing or testify about evidence prepared by such individuals) of the laboratory or covered entity are certified under this Act. Requires the Director to establish standards for the certification of personnel and determine whether a laboratory or entity is eligible for federal funds. Directs the Director of the National Institute of Justice to develop a plan for assisting and supporting forensic science laboratories and covered entities in obtaining accreditation and certifications for relevant personnel. Requires the Board to recommend and the Director to establish: (1) a comprehensive strategy for fostering and improving peer-reviewed scientific research relating to the forensic science disciplines, and (2) a list of priorities for forensic science research funding. Directs: (1) the Board to submit to the Director a plan for encouraging collaboration among universities, nonprofit research institutions, state and local forensic science laboratories, private forensic science laboratories, private corporations, and the federal government to develop and perform cost-effective and reliable research in the forensic sciences; and (2) the Director to establish and disseminate uniform standards and best practices for the forensic science disciplines. Authorizes the Director of NIST to make grants to eligible entities to conduct peer-reviewed scientific research in areas consistent with the Director's research priorities. Requires the Board to submit and the Director to implement plans: (1) for supporting, and a standardized curriculum for, the education and training of judges, attorneys, and law enforcement personnel in the forensic sciences and fundamental scientific principles; (2) for supporting the development of undergraduate and graduate educational programs in the forensic science disciplines and related fields; and (3) for encouraging governments to implement systems to ensure that qualified individuals perform medical-legal death examinations and for encouraging qualified individuals to enter the field. Directs the Board and the Director to regularly coordinate with: (1) relevant federal agencies to make efficient and appropriate use of research expertise and funding; (2) the Department of Homeland Security (DHS) and other relevant federal agencies to determine ways in which the forensic science disciplines may assist in homeland security and emergency preparedness; and (3) the intelligence community to make use of research and new technologies suitable for forensic science. Requires the Director to develop a system for any individual to anonymously provide information regarding lack of compliance with standards established by this Act. Requires the Board to submit and the Director to implement: (1) a plan to require interoperability among databases and technologies in each of the forensic science disciplines among all levels of government, in all states, and with the private sector; and (2) a recommended code of ethics for the forensic science disciplines. Requires the Director to: (1) conduct a needs assessment of state and local forensic service providers to evaluate their capacity and resource needs, (2) develop a national strategy for developing the capacity and resources of state and local forensic science providers, and (3) update such assessment and strategy at least once every five years.

113 S2177 IS: Criminal Justice and Forensic Science Reform Act U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2177 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Leahy Mr. Cornyn Committee on the Judiciary A BILL To establish an Office of Forensic Science and a Forensic Science Board, to strengthen and promote confidence in the criminal justice system by ensuring scientific validity, reliability, and accuracy in forensic testing, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Criminal Justice and Forensic Science Reform Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Purpose. TITLE I—Structure and oversight Sec. 101. Office of Forensic Science. Sec. 102. Forensic Science Board. Sec. 103. Committees. Sec. 104. Authorization of appropriations. TITLE II—Accreditation of forensic science laboratories Sec. 201. Accreditation of forensic science laboratories. Sec. 202. Standards for laboratory accreditation. Sec. 203. Administration and enforcement of accreditation program. TITLE III—Certification of forensic science personnel Sec. 301. Definitions. Sec. 302. Certification of forensic science personnel. Sec. 303. Standards for certification. Sec. 304. Administration and review of certification program. Sec. 305. Support and technical assistance for State and local laboratories. TITLE IV—Research Sec. 401. Research strategy and priorities. Sec. 402. Research grants. Sec. 403. Oversight and review. Sec. 404. Public-private collaboration. TITLE V—Standards and best practices Sec. 501. Development of standards and best practices. Sec. 502. Establishment and dissemination of standards and best practices. Sec. 503. Review and oversight. TITLE VI—Additional responsibilities of the office of forensic science and the forensic science board Sec. 601. Forensic science training and education for judges, attorneys, and law enforcement personnel. Sec. 602. Educational programs in the forensic sciences. Sec. 603. Medicolegal death investigation. Sec. 604. Intergovernmental coordination. Sec. 605. Anonymous reporting. Sec. 606. Interoperability of databases and technologies. Sec. 607. Code of ethics. Sec. 608. Needs assessment. 2. Definitions In this Act: (1) Board The term Board (2) Committee The term Committee (3) Director The term Director (4) Forensic science discipline The term forensic science discipline (5) Forensic science laboratory The term forensic science laboratory (6) NIST The term NIST (7) Office The term Office (8) Relevant personnel The term relevant personnel 3. Purpose The purpose of this Act is to strengthen and promote confidence in the criminal justice system by promoting standards and best practices and ensuring scientific validity, reliability, and accuracy with respect to forensic testing, analysis, identification, and comparisons, the results of which may be interpreted, presented, or otherwise used during the course of a criminal investigation or criminal court proceeding. I Structure and oversight 101. Office of Forensic Science (a) In general There is established an Office of Forensic Science within the Office of the Deputy Attorney General in the Department of Justice. (b) Officers and Staff (1) In general The Office shall include— (A) a Director, who shall have a background in science and be appointed by the Attorney General; and (B) such other officers and staff as the Deputy Attorney General and the Director determine appropriate. (2) Leadership role of the Director The Director shall have primary responsibility for establishing and implementing national policy regarding forensic science as used in the criminal justice system. (3) Deadline Not later than 90 days after the date of enactment of this Act, the initial appointment and hiring under paragraph (1) shall be completed. (c) Vacancy In the event of a vacancy in the position of Director— (1) the Attorney General shall designate an acting Director; and (2) during any period of vacancy before designation of an acting Director, the Deputy Attorney General shall serve as acting Director. (d) Collaboration and coordination with NIST (1) In general Not later than 180 days after the appointment of the Director, the Director and the Director of NIST shall establish a Memorandum of Understanding to ensure collaboration and coordination in the implementation of this Act. (2) Requirements The Memorandum of Understanding required under paragraph (1) shall include— (A) policies and procedures to ensure that, in implementing this Act, the Director and the Director of NIST— (i) incorporate appropriately the priorities and expertise of law enforcement and forensic practitioners; and (ii) establish structures designed to guarantee independent and objective scientific determinations; and (B) agreements governing— (i) selection of members of Committees and support by NIST of the Committees in accordance with section 103; (ii) administration by NIST of grant programs described in section 402; (iii) designation of a liaison at NIST to facilitate communication between the Office and NIST; and (iv) any other appropriate collaboration or coordination. (e) Liaison from the national science foundation The Director of the National Science Foundation, in consultation with the Director, shall designate a liaison at the National Science Foundation to— (1) facilitate communication and collaboration between the Office and the National Science Foundation; and (2) encourage participation by the National Science Foundation in implementing title IV of this Act. (f) Duties and authority (1) In general The Office shall— (A) assist the Board in carrying out all the functions of the Board under this Act and such other related functions as are necessary to perform the functions of the Board; and (B) evaluate and act upon the recommendations of the Board in accordance with paragraph (3). (2) Specific responsibilities The Director shall— (A) establish, lead, and oversee implementation of accreditation and certification standards under titles II and III; (B) establish a comprehensive strategy for scientific research in the forensic sciences under title IV; (C) establish standards and best practices for forensic science disciplines under title V; (D) define the term forensic science discipline (E) establish and maintain a list of forensic science disciplines in accordance with section 102(h); (F) establish Committees in accordance with section 103; (G) define the term forensic science laboratory (H) establish a code of ethics for the forensic science disciplines in accordance with section 607; and (I) perform all other functions of the Office under this Act and such other related functions as are necessary to perform the functions of the Office described in this Act. (3) Consideration of recommendations (A) In general Upon receiving a recommendation from the Board, the Director shall— (i) give substantial deference to the recommendation; and (ii) not later than 30 days after the date on which the Director receives the recommendation, determine whether to adopt, modify, or reject the recommendation. (B) Modification (i) In general If the Director determines to substantially modify a recommendation under subparagraph (A), the Director shall immediately notify the Board of the proposed modification. (ii) Board recommendation Not later than 30 days after the date on which the Director provides notice to the Board under clause (i), the Board shall submit to the Director a recommendation on whether the proposed modification should be adopted. (iii) Acceptance of modification If the Board recommends that a proposed modification should be adopted under clause (ii), the Director may implement the modified recommendation. (iv) Rejection of modification If the Board recommends that a proposed modification should not be adopted under clause (ii), the Director shall, not later than 10 days after the date on which the Board makes the recommendation— (I) provide notice and an explanation of the proposed modification to the Committee on the Judiciary and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on the Judiciary and the Committee on Science, Space, and Technology of the House of Representatives; and (II) begin, with regard to the proposed modification, a rulemaking on the record after opportunity for an agency hearing. (C) Rejection Not later than 30 days after the date on which the Director determines to reject a recommendation under subparagraph (A), the Director shall— (i) provide notice and an explanation of the decision to reject the recommendation to the Committee on the Judiciary and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on the Judiciary and the Committee on Science, Space, and Technology of the House of Representatives; and (ii) begin, with regard to the recommendation, a rulemaking on the record after opportunity for an agency hearing. (g) Web site The Director shall— (1) establish a Web site that is publicly accessible; and (2) publish and maintain on the Web site— (A) a central repository of recommendations of the Board and all standards, best practices, protocols, definitions, and other materials established, accepted, or amended, by the Director under this Act; and (B) a central repository of current and past forensic science research, which shall be— (i) collected and catalogued in a manner that is easily accessible to the public; and (ii) updated no less frequently than once every 2 years. 102. Forensic Science Board (a) In general There is established a Forensic Science Board to serve as an advisory board regarding forensic science in order to strengthen and promote confidence in the criminal justice system by promoting standards and best practices and ensuring scientific validity, reliability, and accuracy with respect to forensic testing, analysis, identification, and comparisons, the results of which may be interpreted, presented, or otherwise used during the course of a criminal investigation or criminal court proceeding. (b) Appointment (1) In general The Board shall be composed of 17 members, who shall— (A) be appointed by the President not later than 180 days after the date of enactment of this Act; and (B) come from professional communities that have expertise relevant to and significant interest in the field of forensic science. (2) Consideration and consultation In making an appointment under paragraph (1), the President shall— (A) consider the need for the Board to exercise independent and objective scientific judgment; and (B) consider, among other factors, membership on the National Commission on Forensic Science and recommendations from leading scientific organizations and leading professional organizations in the field of forensic science and other relevant fields. (3) Requirements The Board shall include— (A) 11 voting members; (B) 6 nonvoting members; and (C) the ex officio members described in paragraph (7). (4) Voting member requirements (A) In general Of the 11 voting members— (i) each shall have comprehensive scientific backgrounds; (ii) not fewer than 6 shall have extensive experience and background in scientific research; (iii) not fewer than 6 shall have extensive and current practical experience and background in forensic science; and (iv) not less than 1 shall be a board certified forensic pathologist. (B) Multiple requirements An individual voting member may meet more than 1 of the requirements described in clauses (ii) through (iv) of subparagraph (A). (5) Nonvoting members One nonvoting member shall come from each of the following categories: (A) Judges. (B) Prosecutors. (C) State and local law enforcement officials. (D) Criminal defense attorneys. (E) Organizations that represent people who may have been wrongly convicted. (F) State and local laboratory directors. (6) Fulfillment of multiple requirements An individual who fulfills the requirements described in paragraph (4) may serve as a voting member even if that individual also fulfills a requirement described in paragraph (5). (7) Ex officio members The Director, the Deputy Attorney General, and the Directors of NIST and the National Science Foundation, or their designees, shall serve as ex officio members of the Board and shall not participate in voting. (8) Appointment of board chairperson The President shall designate a voting member of the Board to serve as Chairperson of the Board for the duration of that member’s term. (c) Terms (1) In general Each voting and nonvoting member of the Board, excluding ex officio members, shall be appointed for a term of 6 years. (2) Exception Of the members first appointed to the Board— (A) 3 voting members and 2 nonvoting members shall serve a term of 2 years; (B) 4 voting members and 2 nonvoting members shall serve a term of 4 years; and (C) 4 voting members and 2 nonvoting members shall serve a term of 6 years. (3) Renewable term A voting or nonvoting member of the Board may be appointed for not more than a total of 2 terms, including an initial term described in paragraph (2). (4) Vacancies (A) In general In the event of a vacancy, the President may appoint a member to fill the remainder of the term. (B) Additional term A member appointed under subparagraph (A) may be reappointed for 1 additional term. (5) Holdovers If a successor has not been appointed at the conclusion of the term of a member of the Board, the member of the Board may continue to serve until— (A) a successor is appointed; or (B) the member of the Board is reappointed. (d) Responsibilities The Board shall— (1) make recommendations to the Director relating to research priorities and needs, accreditation and certification standards, standards and protocols for forensic science disciplines, and any other issue consistent with this Act; (2) monitor and evaluate— (A) the administration of accreditation, certification, and research programs and procedures established under this Act; and (B) the operation of the Committees; (3) review and update, as appropriate, any recommendations made under paragraph (1); (4) identify, as appropriate, any additional issues that 1 or more Committees should consider; and (5) perform all other functions of the Board under this Act and such other related functions as are necessary to perform the functions of the Board. (e) Consultation The Board shall consult as appropriate with the Deputy Attorney General, the Director of NIST, the Director of the National Science Foundation, the Director of the National Institute of Justice, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, senior officials from other relevant Federal agencies including the Department of Defense, and relevant officials of State and local governments. (f) Meetings (1) In general The Board shall hold not fewer than 4 meetings of the full Board each year. (2) Requirements (A) Notice The Board shall provide public notice of any meeting of the Board in a reasonable period in advance of the meeting. (B) Open meetings A meeting of the Board shall be open to the public. (C) Quorum A majority of the voting members of the Board shall be present for a quorum to conduct business. (g) Votes (1) In general Decisions of the Board shall be made by an affirmative vote of not less than 2/3 (2) Voting procedures (A) Recorded All votes of the Board shall be recorded. (B) Remote and proxy voting If necessary, a voting member of the Board may cast a vote— (i) over the phone or through electronic mail or other electronic means if the vote is scheduled to take place during a time other than a full meeting of the Board; and (ii) over the phone or by proxy if the vote is scheduled to take place during a full meeting of the Board. (h) Definition of forensic science discipline (1) In general Not later than 18 months after the date of enactment of this Act, the Board shall— (A) develop a recommended definition of the term forensic science discipline (B) develop a recommended list of forensic science disciplines for purposes of this Act; and (C) submit the recommended definition and proposed list of forensic science disciplines to the Director. (2) Consideration In developing a recommended list of forensic science disciplines under paragraph (1)(B), the Board shall— (A) consider each field from which courts in criminal cases hear forensic testimony or admit forensic evidence; and (B) consult with relevant practitioners, experts, and professional organizations. (3) Exclusion from list If the Board recommends that a field should not be included on the list submitted under paragraph (1) because the field has insufficient scientific basis on the date of the recommendation of the Board, the Board shall publish an explanation of the recommendation, which— (A) shall be published on the Web site of the Board; and (B) may include a finding that a field could be recognized as a forensic science discipline for purposes of this Act, based on additional research. (4) Establishment After the Director receives the recommendations of the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), establish a definition for the term forensic science discipline (5) Annual evaluation On an annual basis, the Board shall— (A) evaluate— (i) whether any field should be added to the list of forensic science disciplines established under paragraph (4), including any field previously excluded; and (ii) whether any field on the list of forensic science disciplines established under paragraph (4) should be modified or removed; and (B) submit the evaluation conducted under subparagraph (A), including any recommendations, to the Director. (i) Staff (1) In general The Board may, without regard to the civil service laws and regulations, appoint and terminate a staff director and such other additional personnel as may be necessary to enable the Board to perform the duties of the Board. (2) Compensation The Board may fix the compensation of the staff director and other personnel appointed under paragraph (1) without regard to the provisions of chapter 51 and subchapter III of chapter 53 (3) Personnel as Federal employees (A) In general Any personnel of the Board who are employees shall be employees under section 2105 (B) Members of the board Subparagraph (A) shall not be construed to apply to members of the Board. (4) Procurement of temporary and intermittent services The Board may procure temporary and intermittent services under section 3109(b) (5) Voluntary services Notwithstanding section 1342 (j) Reports to congress Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Board shall submit to Congress a report describing the work of the Board and the work of each Committee, which shall include a description of any recommendations, decisions, and other significant materials generated during the 2-year period. (k) Applicability of the Federal advisory committee Act (1) In general Subject to paragraphs (2) through (4), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board. (2) Termination provision Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. (3) Compensation of members Members of the Board shall serve without compensation for services performed for the Board. (4) Travel expenses The members of the Board 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 (5) Designated Federal officer In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall— (A) serve as the designated Federal officer (as described in section 10(e) of such Act); and (B) designate an Advisory Committee Management Officer (as described in section 8(b) of such Act) for the Board. (l) Transfer and consolidation of National Commission on Forensic Science Not later than 30 days after the date on which the first meeting of the Board occurs, the Attorney General or the Director of NIST, as the case may be, shall transfer to the Office, control, supervision, and any unobligated balances available for the operation of the National Commission on Forensic Science or any national commission that has a similar scope or responsibility to the Office. 103. Committees (a) Establishment and maintenance of committees (1) In general Not later than 18 months after the date of enactment of this Act, the Board shall issue recommendations to the Director relating to— (A) the number of Committees that shall be established to examine research needs, standards and best practices, and certification standards for the forensic science disciplines, which shall be sufficient to— (i) ensure that the Committees are representative of each forensic science discipline; and (ii) allow the Committees to function effectively; (B) the scope of responsibility for each Committee recommended to be established, which shall ensure that each forensic science discipline is addressed by a Committee; (C) what the relationship should be between the Committees and any scientific working group, scientific area committee, guidance group, or technical working group that has a similar scope of responsibility; and (D) whether any Committee should consider any field not recognized as a forensic science discipline for the purpose of determining whether there is research that could be conducted and used to form the basis for establishing the field as a forensic science discipline. (2) Establishment After the Director receives the recommendations of the Board under paragraph (1), the Director, in consultation with the Director of NIST shall— (A) consider how to adapt and incorporate any scientific working group, scientific area committee, guidance group, or technical working group operating under the Department of Justice or NIST into a Committee; (B) in accordance with section 101(f)(3), establish— (i) Committees to examine research needs, standards, best practices, and certification standards for the forensic science disciplines, which shall be not fewer than 1; and (ii) a clear scope of responsibility for each Committee; and (C) publish a list of the Committees and the scope of responsibility for each Committee on the Web site for the Office. (3) Annual evaluation The Board, on an annual basis, shall— (A) evaluate whether— (i) any new Committees should be established; (ii) the scope of responsibility for any Committee should be modified; and (iii) any Committee should be discontinued; and (B) submit any recommendations relating to the evaluation conducted under subparagraph (A) to the Director. (4) Updates Upon receipt of any recommendations from the Board under paragraph (3), the Director shall, in accordance with section 101(f)(3), determine whether to establish, modify the scope of, or discontinue any Committee. (5) Transfer and consolidation of scientific and technical working groups Not later than 30 days after the date on which the first meeting of a Committee occurs, the Attorney General or the Director of NIST, as the case may be, shall transfer to the Office, control, supervision, and any unobligated balances available for the operation of any scientific working group, scientific area committee, guidance group, or technical working group that has a similar scope or responsibility to the Committee. (b) Membership (1) In general Each Committee shall— (A) consist of not more than 21 members— (i) each of whom shall be a scientist with knowledge relevant to a forensic science discipline addressed by the Committee; (ii) not less than 50 percent of whom shall have extensive experience and background in scientific research; and (iii) not less than 50 percent of whom shall have extensive practical experience and background in the forensic sciences sufficient to ensure that the Committee has an adequate understanding of the factors and needs unique to the forensic sciences; and (B) have a membership that represents a variety of scientific disciplines, including the forensic sciences. (2) Definition In this subsection, the term scientist (A) a statistician with a scientific background; and (B) a board certified physician or forensic pathologist with expertise in forensic sciences. (c) Appointment (1) In general The Director of NIST, in close coordination with the Board and the Director and pursuant to the Memorandum of Understanding required under section 101(d), shall appoint the members of each Committee. (2) Consideration In appointing members to a Committee under paragraph (1), the Director of NIST shall consider— (A) the importance of analysis from scientists with academic research backgrounds in both basic and applied sciences; and (B) the importance of input from experienced and actively practicing forensic practitioners, including individuals who participated in scientific working groups, scientific area committees, guidance groups, or technical working groups. (3) Vacancies In the event of a vacancy, the Director of NIST, in consultation with the Board and the Director, may appoint a member to fill the remainder of the term. (4) Holdovers If a successor has not been appointed at the conclusion of the term of a member of the Committee, the member of the Committee may continue to serve until— (A) a successor is appointed; or (B) the member of the Committee is reappointed. (d) Terms A member of a Committee shall serve for renewable terms of 4 years. (e) Support and Oversight (1) In general Pursuant to the Memorandum of Understanding required under section 101(d), the Director of NIST, in consultation with the Director, shall provide support and staff for each Committee as needed. (2) Duties and oversight The Director of NIST, in consultation with the Director, shall— (A) perform periodic oversight of each Committee; and (B) report any concerns about the performance or functioning of a Committee to the Board and the Director. (3) Failure to comply If a Committee fails to produce recommendations within the time periods required under this Act, the Director of NIST, in consultation with the Director, shall work with the Committee to assist the Committee in producing the required recommendations in a timely manner. (f) Duties (1) In general A Committee shall have the duties and responsibilities set out in this Act, and shall perform any other functions determined appropriate by the Board. (2) Committee decisions and recommendations (A) In general A Committee shall submit recommendations and all recommended standards, protocols, or other materials developed by the Committee to the Board for evaluation. (B) Prohibition of modification of decisions and recommendations Any recommendations of a Committee and any recommended standards, protocols, or other materials developed by a Committee may be approved or disapproved by the Board, but may not be modified by the Board. (C) Approval of decisions and recommendations If the Board approves a recommendation or recommended standard, protocol, or other material submitted by a Committee under subparagraph (A), the Board shall submit the recommendation or recommended standard, protocol, or other material as a recommendation of the Board, to the Director for consideration in accordance with section 101(f)(3). (D) Disapproval of decisions and recommendations If the Board disapproves of any recommendation of a Committee or recommended standard, protocol, or other material developed by a Committee— (i) the Board shall provide in writing the reason for the disapproval of the recommendation or recommended standard, protocol, or other material; (ii) the Committee shall withdraw the recommendation or recommended standard, protocol, or other material; and (iii) the Committee may submit a revised recommendation or recommended standard, protocol, or other material. (g) Meetings (1) In general A Committee shall hold not fewer than 4 meetings of the full Committee each year. (2) Requirements (A) Notice A Committee shall provide public notice of any meeting of the Committee a reasonable period in advance of the meeting. (B) Open meetings A meeting of a Committee shall be open to the public. (C) Quorum A majority of members of a Committee shall be present for a quorum to conduct business. (h) Votes (1) In general Decisions of a Committee shall be made by an affirmative vote of not less than 2/3 (2) Voting procedures (A) Recorded All votes taken by a Committee shall be recorded. (B) Remote and proxy voting If necessary, a member of a Committee may cast a vote— (i) over the phone or through electronic mail if the vote is scheduled to take place during a time other than a full meeting of the Committee; and (ii) over the phone or by proxy if the vote is scheduled to take place during a full meeting of the Committee. (i) Applicability of the Federal advisory committee Act (1) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a Committee. (2) Compensation of members Members of a Committee shall serve without compensation for services performed for the Committee. (3) Travel expenses The members of a Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 104. Authorization of appropriations There are authorized to be appropriated, including from any unobligated funds appropriated to the Department of Justice and the National Institute of Standards and Technology for the operation of a scientific working group, scientific area committee, guidance group, or technical working group transferred under section 103(a)(5), and including any unobligated funds appropriated to strengthen and enhance the practice of forensic sciences under any other provision of law, $8,000,000 for each of fiscal years 2015 through 2019 for the operation and staffing of the Office, Board, and Committees. II Accreditation of forensic science laboratories 201. Accreditation of forensic science laboratories (a) In General On and after the date established under subsection (b)(2)(E), a forensic science laboratory may not receive, directly or indirectly, any Federal funds, unless the Director has verified that the laboratory has been accredited in accordance with the standards and procedures established under this title. (b) Procedures for accreditation (1) Recommendations Not later than 3 years after the date of enactment of this Act, the Board shall submit to the Director— (A) a comprehensive strategy to enable forensic science laboratories to obtain and maintain accreditation; (B) recommended procedures for the accreditation of forensic science laboratories that are consistent with the recommended standards developed by the Board under section 202; (C) recommended procedures for the periodic review and updating of the accreditation status of forensic science laboratories; (D) recommended procedures for the Director to verify that laboratories have been accredited in accordance with the standards and procedures established under this title, which shall include procedures to implement, administer, and coordinate enforcement of the program for the accreditation of forensic science laboratories; and (E) a recommendation regarding the dates by which forensic science laboratories should— (i) begin the process of laboratory accreditation; and (ii) obtain verification of laboratory accreditation to be eligible to receive Federal funds. (2) Establishment After the Director receives the recommendations of the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), establish— (A) procedures to implement a comprehensive strategy to enable forensic science laboratories to obtain and maintain accreditation; (B) procedures for the accreditation of a forensic science laboratory; (C) procedures for the Director to verify that laboratories have been accredited in accordance with the standards and procedures established under this title; (D) the date by which a forensic science laboratory shall begin the process of accreditation; and (E) the date by which a forensic science laboratory shall obtain verification of laboratory accreditation to be eligible to receive Federal funds. (3) Consideration of appropriations In determining, recommending, and establishing the dates under paragraphs (1) and (2), the Board and Director shall consider whether funding has been appropriated pursuant to section 305 and other relevant Federal grant programs to sufficiently assist and support laboratories in obtaining accreditation under this Act. (c) Definition (1) In general Not later than 1 year after the date of enactment of this Act, the Board shall recommend to the Director a definition of the term forensic science laboratory (2) Establishment After the Director receives the recommendation of the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), establish a definition for the term forensic science laboratory (d) Applicability to Federal agencies On and after the date established by the Director under subsection (b)(2)(E), a Federal agency may not use any forensic science laboratory, including any services, products, analysis, opinions, or conclusions provided by the forensic science laboratory, during the course of a criminal investigation or criminal court proceeding unless the forensic science laboratory meets the standards of accreditation and certification established by the Office under this Act. 202. Standards for laboratory accreditation (a) Standards (1) Recommendations Not later than 18 months after the date of enactment of this Act, the Board shall, in consultation with qualified professional organizations, submit to the Director recommendations regarding standards for the accreditation of forensic science laboratories, including quality assurance and quality control standards, to ensure the quality, integrity, and accuracy of any testing, analysis, identification, or comparisons performed by a forensic science laboratory for use during the course of a criminal investigation or criminal court proceeding. (2) Establishment After the Director receives the recommendations of the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), establish standards for the accreditation of forensic science laboratories. (3) Requirements In recommending or establishing standards under paragraph (1) or (2) the Board and the Director shall— (A) consider— (i) whether any relevant national or international accreditation standards that were in effect before the date of enactment of this Act would be sufficient for the accreditation of forensic science laboratories under this Act; (ii) whether any relevant national or international accreditation standards that were in effect before the date of enactment of this Act would be sufficient for the accreditation of forensic science laboratories under this Act with supplemental standards; and (iii) the incorporation of relevant national or international accreditation standards that were in effect before the date of enactment of this Act; and (B) include— (i) educational and training requirements for relevant laboratory personnel; (ii) proficiency and competency testing requirements for relevant laboratory personnel; and (iii) maintenance and auditing requirements for accredited forensic science laboratories. (b) Review of Standards (1) In general Not less frequently than once every 5 years— (A) the Board shall— (i) review the scope and effectiveness of the accreditation standards established under subsection (a); (ii) submit recommendations to the Director relating to whether, and if so, how to update or supplement the standards as necessary to— (I) account for developments in relevant scientific research, technological advances, and new forensic science disciplines; (II) ensure adherence to the standards and best practices established under title V; and (III) address any other issue identified during the course of the review conducted under clause (i); and (B) the Director shall, as necessary and in accordance with section 101(f)(3), update the accreditation standards established under subsection (a). (2) Procedures for open and transparent review of standards The Director, in consultation with the Board, shall establish procedures to ensure that the process for developing, reviewing, and updating accreditation standards under this section— (A) is open and transparent to the public; and (B) includes an opportunity for the public to comment on proposed standards with sufficient prior notice. 203. Administration and enforcement of accreditation program (a) Administration and oversight of accreditation program (1) In general The Director shall determine whether a forensic science laboratory is eligible to receive, directly or indirectly, Federal funds under section 201(a). (2) Administration (A) In general The Director shall, in consultation with the Board and as appropriate, identify 1 or more qualified accrediting bodies with significant expertise relevant to the accreditation of forensic science laboratories, the accreditation of a forensic science laboratory by which shall constitute accreditation for purposes of section 201(a). (B) Oversight The Director shall periodically— (i) reevaluate whether accreditation by a qualified accrediting body identified under subparagraph (A) is adequate to ensure compliance with the standards and procedures established under this title; and (ii) recommend updates to the standards and procedures used by 1 or more qualified accrediting bodies, as necessary. (C) Reporting The Director shall provide to the Board, and publish on the Web site of the Office, regular reports regarding— (i) the accreditation of forensic science laboratories by qualified accrediting bodies identified under subparagraph (A); and (ii) reevaluations of accreditation by qualified accrediting bodies under subparagraph (B). (b) Review of eligibility Not less frequently than once every 5 years, the Director shall evaluate whether a forensic science laboratory that has been determined to be eligible to receive Federal funds under section 201(a) remains eligible to receive Federal funds, including whether any accreditation of the forensic science laboratory by a qualified accrediting body identified under subparagraph (A) is still in effect. (c) Web site The Director shall develop and maintain on the Web site of the Office an updated list of— (1) the forensic science laboratories that are eligible for Federal funds under section 201(a); (2) the forensic science laboratories that have been determined to be ineligible to receive Federal funds under section 201(a); and (3) the forensic science laboratories that are awaiting a determination regarding eligibility to receive Federal funds under section 201(a). III Certification of forensic science personnel 301. Definitions (a) Covered entity In this title, the term covered entity (1) is not a forensic science laboratory; and (2) conducts forensic testing, analysis, investigation, identification, or comparisons, the results of which may be interpreted, presented, or otherwise used during the course of a criminal investigation or criminal court proceeding. (b) Relevant personnel (1) Recommendation Not later than 18 months after the date of enactment of this Act, the Board shall submit to the Director a recommended definition of the term relevant personnel (A) conduct forensic testing, analysis, investigation, identification, or comparisons, the results of which may be interpreted, presented, or otherwise used during the course of a criminal investigation or criminal court proceeding; or (B) testify about evidence prepared by an individual described in subparagraph (A). (2) Definition After the Director receives the recommendation of the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), define the term relevant personnel 302. Certification of forensic science personnel Except as provided in section 304(c)(2), on and after the date established under section 304(c)(1), a forensic science laboratory or covered entity may not receive, directly or indirectly, any Federal funds, unless all relevant personnel of the forensic science laboratory or covered entity are certified under this title. 303. Standards for certification (a) Recommended Standards (1) In general Not later than 2 years after the date on which all members of a Committee have been appointed, the Committee shall make recommendations to the Board relating to standards for the certification of relevant personnel in each forensic science discipline addressed by the Committee. (2) Requirements In developing recommended standards under paragraph (1), a Committee shall— (A) consult with qualified professional organizations, including qualified professional organizations that accredit forensic science certification programs; (B) consider relevant certification standards and best practices developed by qualified professional or scientific organizations; (C) consider whether successful completion of a certification program accredited by a qualified professional organization would be sufficient to meet the certification requirements for relevant personnel under this Act; (D) consider whether and under what circumstances internal certification programs by accredited laboratories would be sufficient to meet the certification requirements for relevant personnel under this Act; (E) consider any standards or best practices established under title V; and (F) consider— (i) whether certain minimum standards should be established for the education and training of relevant personnel; (ii) whether there should be an alternative process to enable relevant personnel who were hired before the date established under section 304(c)(1), to obtain certifications, including— (I) testing that demonstrates proficiency in a specific forensic science discipline that is equal to or greater than the level of proficiency required by the standards for certification; and (II) a waiver of certain educational and training requirements; (iii) whether and under what conditions relevant personnel should be allowed to perform an activity described in subparagraph (A) or (B) of section 301(b)(1) for a forensic science laboratory or covered entity while the individual obtains the training and education required for certification under the standards developed under this title; and (iv) whether certification by recognized and relevant medical boards, or other recognized and relevant State professional boards, should be sufficient for relevant personnel to meet the standards developed under this title. (b) Approval or denial of recommendations The Board shall approve or deny any recommendation submitted by a Committee under subsection (a) in accordance with section 103(f)(2). (c) Establishment of standards After the Director receives recommendations from the Board under subsection (b), the Director shall, in accordance with section 101(f)(3), establish standards for the certification of relevant personnel. (d) Review of standards (1) In general Not less frequently than once every 5 years, a Committee shall— (A) review the standards for certification established under subsection (c) for each forensic science discipline within the responsibility of the Committee; and (B) submit to the Board recommendations regarding updates, if any, to the standards for certification as necessary— (i) to account for developments in relevant scientific research, technological advances, or changes in the law; and (ii) to ensure adherence to the standards and best practices established under title V. (2) Board review Not later than 180 days after the date on which a Committee submits recommendations under paragraph (1)(B), the Board shall, in accordance with section 103(f)(2)— (A) consider the recommendations; and (B) submit to the Director recommendations of standards and best practices for each forensic science discipline. (3) Updates After the Director receives recommendations from the Board under paragraph (2), the Director shall, in accordance with section 101(f)(3), update the standards for certification of relevant personnel. (e) Public comment The Director, in consultation with the Board, shall establish procedures to ensure that the process for establishing, reviewing, and updating standards for certification of relevant personnel under this section— (1) is open and transparent to the public; and (2) includes an opportunity for the public to comment on proposed standards with sufficient prior notice. 304. Administration and review of certification program (a) In general (1) Determination The Director shall determine whether a forensic science laboratory or covered entity is eligible to receive, directly or indirectly, Federal funds under section 302. (2) Procedures Not later than 1 year after the date of enactment of this Act, the Director shall establish policies and procedures to implement, administer, and coordinate enforcement of the certification requirements established under this title, including requiring the periodic recertification of relevant personnel. (b) Administration (1) In general After consultation with the Board, the Director may identify 1 or more qualified professional organizations with significant expertise relevant to the certification of individuals in a particular forensic science discipline, the certification of an individual by which shall constitute certification for purposes of section 302. (2) Oversight The Director shall periodically reevaluate whether certification by a qualified professional organization identified under paragraph (1) is adequate to ensure compliance with the standards established under this title. (3) Reporting The Director shall provide regular reports to the Board regarding the certification of relevant personnel by qualified professional organizations identified under paragraph (1) and reevaluations of certification by qualified professional organizations under paragraph (2), which shall be published on the Web site of the Office. (c) Implementation of certification requirements (1) In general After consultation with the Board, the Director shall establish the date by which forensic science laboratories and covered entities shall be in compliance with the certification requirements of this title. (2) Gradual implementation The Director shall, in consultation with the Board and the relevant Committee, establish policies and procedures to enable the gradual implementation of the certification requirements that— (A) include a reasonable schedule to allow relevant personnel to obtain certifications; (B) allow for partial compliance with the requirements of section 302 for a reasonable period of time after the date established under paragraph (1); and (C) allow for consideration of whether funding has been appropriated pursuant to section 305 and other relevant Federal grant programs to sufficiently assist and support forensic science laboratories and covered entities in complying with the certification requirements of this title. (d) Review of certification requirements The Director shall establish policies and procedures for the periodic review of the implementation, administration, and enforcement of the certification requirements established under this title. 305. Support and technical assistance for State and local laboratories (a) Implementation plan Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Justice, in consultation with the Director, shall develop a plan for assisting and supporting forensic science laboratories and covered entities in obtaining accreditation under title II and certifications for relevant personnel under this title. (b) Authorization for use of Coverdell and Byrne JAG grants The Attorney General, in consultation with the Director and the Director of the National Institute of Justice, and consistent with the implementation plan developed under subsection (a), may make grants under part BB of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797j et seq. 42 U.S.C. 3750 et seq. (1) obtain accreditation under title II; (2) obtain certifications for relevant personnel under this title; and (3) effectively fulfill their responsibilities during the process of obtaining accreditation under title II and certifications for relevant personnel under this title. (c) Technical and conforming amendments (1) Paul Coverdell Forensic Sciences Improvement Grants Program Section 2804(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797m(a) (4) To assist forensic science laboratories and covered entities, as those terms are defined in sections 2 and 301, respectively, of the Criminal Justice and Forensic Science Reform Act . (2) Edward Byrne Memorial Justice Assistance Grant Program Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is amended by adding at the end the following: (H) Assistance to forensic science laboratories and covered entities, as those terms are defined in sections 2 and 301, respectively, of the Criminal Justice and Forensic Science Reform Act . IV Research 401. Research strategy and priorities (a) Comprehensive research strategy and agenda (1) Recommendation Not later than 18 months after the date of enactment of this Act, the Board shall recommend to the Director a comprehensive strategy for fostering and improving peer-reviewed scientific research relating to the forensic science disciplines, including research addressing issues of validity, reliability, and accuracy in the forensic science disciplines. (2) Establishment After the Director receives recommendations from the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), establish a comprehensive strategy for fostering and improving peer-reviewed scientific research relating to the forensic science disciplines. (3) Review (A) Board review Not less frequently than once every 5 years, the Board shall— (i) review the comprehensive strategy established under paragraph (2); and (ii) recommend any necessary updates to the comprehensive strategy. (B) Updates After the Director receives recommendations from the Board under subparagraph (A), the Director shall, in accordance with section 101(f)(3), update the comprehensive strategy as necessary and appropriate. (b) Research funding priorities (1) Recommendation Not later than 18 months after the date of enactment of this Act, the Board shall recommend to the Director a list of priorities for forensic science research funding. (2) Establishment After the Director receives the list from the Board under paragraph (1), the Director shall, in accordance with section 101(f)(3), establish a list of priorities for forensic science research funding. (3) Review Not less frequently than once every 2 years, the Board shall— (A) review— (i) the list of priorities established under paragraph (2); and (ii) the findings of the relevant Committees made under subsection (c); and (B) recommend any necessary updates to the list of priorities, incorporating, as appropriate, the findings of the Committees under subsection (c). (4) Updates After the Director receives the recommendations under paragraph (3), the Director shall, in accordance with section 101(f)(3), update as necessary the list of research funding priorities. (c) Evaluation of research needs Not later than 2 years after the date on which all members of a Committee have been appointed under section 103, and periodically thereafter, the Committee shall— (1) examine and evaluate the scientific research in each forensic science discipline within the responsibility of the Committee; (2) conduct comprehensive surveys of scientific research relating to each forensic science discipline within the responsibility of the Committee; (3) examine the research needs in each forensic science discipline within the responsibility of the Committee and identify key areas in which further scientific research is needed; and (4) develop and submit to the Board a list of research needs and priorities. (d) Consideration In developing the initial research strategy, research priorities, and surveys required under this section, the Board and the Director shall consider any findings, surveys, and analyses relating to research in forensic science disciplines, including those made by the Subcommittee on Forensic Science of the National Science and Technology Council. 402. Research grants (a) Competitive grants (1) Definition In this subsection, the term eligible entity (A) a nonprofit academic or research institution; (B) an accredited forensic science laboratory; and (C) any other entity designated by the Director of NIST. (2) Peer-review research grants (A) In general Pursuant to the Memorandum of Understanding required under section 101(d), the Director of NIST may, on a competitive basis and using funds appropriated to NIST for forensic science purposes, make grants to eligible entities to conduct peer-reviewed scientific research. (B) Consideration In making grants under this paragraph, the Director of NIST shall— (i) ensure that the grants are made for peer-reviewed scientific research in areas that are consistent with the research priorities established by the Director under section 401(b); (ii) take into consideration the research needs identified by the Committees under section 401(c); (iii) if made before the identification of research priorities under section 401(b) and research needs under section 401(c), consider any findings, surveys, and analyses relating to research in forensic science disciplines, including those made by the Subcommittee on Forensic Science of the National Science and Technology Council; and (iv) encourage and, if appropriate, provide incentives for partnerships between nonprofit academic or research institutions and accredited forensic science laboratories. (3) Development of new technologies Pursuant to the Memorandum of Understanding required under section 101(d), the Director of NIST may, on a competitive basis, make grants to eligible entities to conduct peer-reviewed scientific research to develop new technologies and processes to increase the efficiency, effectiveness, and accuracy of forensic testing procedures. (4) Coordination with director In making grants under this subsection, the Director of NIST shall coordinate with the Director to ensure implementation of the plan established under section 404. (5) Coordination with the national science foundation The Director of NIST shall consult and coordinate with the National Science Foundation to ensure— (A) the integrity of the process for reviewing funding proposals and awarding grants under this subsection; and (B) that the grant-making process is not subject to any undue bias or influence. (b) Report (1) In general (A) Submission The Director of NIST shall, on an annual basis, submit to the Board and the Director a report that describes— (i) the application process for grants under this section; (ii) each grant made under this section in the fiscal year before the report is submitted; and (iii) as appropriate, the status and results of grants previously described in a report submitted under this subsection. (B) Publication The Director shall publish the report submitted under subparagraph (A) on the Web site of the Office. (2) Evaluation The Board and the Director shall evaluate each report submitted under paragraph (1) and consider the information provided in each report in reviewing the research strategy and priorities established under section 401. 403. Oversight and review (a) Report Not later than 3 years after the date on which the first grant is awarded under paragraph (2) or (3) of section 402(a), and not later than 2 years after the date on which the first report under section 402(b) is submitted, the Inspector General of the Department of Justice, in coordination with the Inspector General of the Department of Commerce, shall submit to Congress a report on the administration and effectiveness of the grant programs described in section 402(a). (b) Requirements The report required under subsection (a) shall evaluate— (1) whether any undue biases or influences affected the integrity of the solicitation, award, or administration of research grants; and (2) whether there was any unnecessary duplication, waste, fraud, or abuse in the grant-making process. 404. Public-private collaboration (a) Recommendation Not later than 2 years after the date of enactment of this Act, the Board shall submit to the Director a recommended plan for encouraging collaboration among universities, nonprofit research institutions, State and local forensic science laboratories, private forensic science laboratories, private corporations, and the Federal Government to develop and perform cost-effective and reliable research in the forensic sciences, consistent with the research priorities established under section 401(b)(2). (b) Requirements The plan recommended under subsection (a) shall include— (1) incentives for nongovernmental entities to invest significant resources into conducting necessary research in the forensic sciences; (2) procedures for ensuring the research described in paragraph (1) will be conducted with sufficient scientific rigor that the research can be relied upon by— (A) the Committees in developing standards under this Act; and (B) forensic science personnel; and (3) clearly defined requirements for disclosure of the sources of funding by nongovernmental entities for forensic science research conducted in collaboration with governmental entities and safeguards to prevent conflicts of interest or undue bias or influence. (c) Establishment and implementation After receiving the recommended plan of the Board under subsection (a), the Director shall establish, in accordance with section 101(f)(3), and implement a plan for encouraging collaboration among universities, nonprofit research institutions, State and local forensic science laboratories, private forensic science laboratories, private corporations, and the Federal Government to develop and perform cost-effective and reliable research in the forensic sciences, consistent with the research priorities established under section 401(b)(2). (d) Oversight The Director, in consultation with the Board, shall periodically evaluate and, as necessary, update the plan established under subsection (c). V Standards and best practices 501. Development of standards and best practices (a) Committee recommendations (1) In general Not later than 2 years after the date on which all members of a Committee have been appointed under section 103, the Committee shall develop and recommend to the Board standards and best practices for each forensic science discipline addressed by the Committee, including— (A) validated protocols; (B) quality assurance standards; and (C) standards to be applied in reporting, including reports of identifications, analyses, or comparisons of forensic evidence that may be used during a criminal investigation or criminal court proceeding. (2) Requirements In developing the standards and best practices under paragraph (1), a Committee shall— (A) as appropriate, consult with qualified professional organizations; (B) consider existing validated protocols and best practices; (C) develop standards and best practices that are designed to ensure the quality and scientific integrity of data, results, conclusions, analyses, and reports that are generated for use in the criminal justice system; and (D) develop standards and best practices that afford laboratories appropriate operational flexibility, including appropriate flexibility as to specific instruments, equipment, and methods. (b) Board recommendations Not later than 180 days after the date on which a Committee submits recommended standards and best practices under subsection (a), the Board shall, in accordance with section 103(f)(2)— (1) consider the recommendations; and (2) submit to the Director recommendations of standards and best practices. 502. Establishment and dissemination of standards and best practices (a) In General After the Board submits standards or best practices for a forensic science discipline under section 501(b), the Director shall, in accordance with section 101(f)(3), establish and disseminate standards and best practices for the forensic science discipline. (b) Publication The Director shall publish the standards and best practices established under subsection (a) on the Web site of the Office. 503. Review and oversight (a) Review by committees (1) In general Not less frequently than once every 3 years, each Committee shall review and, as necessary, recommend to the Board updates to the standards and best practices established under section 502 for each forensic science discipline within the responsibility of the Committee. (2) Considerations In reviewing, and developing recommended updates to, the standards and best practices under paragraph (1), a Committee shall consider— (A) input from qualified professional organizations; (B) research published after the date on which the standards and best practices were established, including research conducted under title IV; and (C) any changes to relevant law made after the date on which the standards and best practices were established. (b) Board recommendations Not later than 180 days after the date on which a Committee submits recommended updates to the standards and best practices under subsection (a), the Board shall, in accordance with section 103(f)(2)— (1) consider the recommendations; and (2) recommend to the Director any updates, as necessary, to the standards and best practices established under section 502. (c) Updates After the Director receives recommended updates, if any, under subsection (b), the Director shall, in accordance with section 101(f)(3), update and disseminate the standards and best practices for each forensic science discipline as necessary. (d) Procedures The Director, in consultation with the Board, shall establish procedures to ensure that the process for developing, reviewing, and updating the standards and best practices— (1) is open and transparent to the public; and (2) includes an opportunity for the public to comment on proposed standards with sufficient prior notice. VI Additional responsibilities of the office of forensic science and the forensic science board 601. Forensic science training and education for judges, attorneys, and law enforcement personnel (a) In general (1) Recommendation Not later than 2 years after the date of enactment of this Act, the Board shall submit to the Director a recommended plan for— (A) supporting the education and training of judges, attorneys, and law enforcement personnel in the forensic sciences and fundamental scientific principles, which shall include education on the competent use and evaluation of forensic science evidence; and (B) developing a standardized curriculum for education and training described in subparagraph (A). (2) Establishment Upon receipt of the recommendation from the Board under paragraph (1), the Director shall establish, in accordance with section 101(f)(3), and implement a plan for— (A) supporting the education and training of judges, attorneys, and law enforcement personnel in the forensic sciences and fundamental scientific principles, which shall include education on the competent use and evaluation of forensic science evidence; and (B) developing a standardized curriculum for education and training described in subparagraph (A). (3) Oversight The Director, in consultation with the Board, shall periodically evaluate and, as necessary, update the plan established under paragraph (2). (b) Technical assistance, training, and education (1) In general The Director of the National Institute of Justice may, in consultation with the Director— (A) provide technical assistance directly or indirectly to judges, attorneys, and law enforcement personnel in the forensic sciences and fundamental scientific principles, including the competent use and evaluation of forensic science evidence; and (B) make grants to States and units of local government and nonprofit organizations or institutions to provide training to judges, attorneys, and law enforcement personnel about the forensic sciences and fundamental scientific principles, including the competent use and evaluation of forensic science evidence. (2) Requirement On and after the date on which the Director establishes the plan for supporting the education and training of judges, attorneys, and law enforcement personnel in the forensic sciences and fundamental scientific principles under subsection (a)(2), the Director of the National Institute of Justice shall administer the grant program described in paragraph (1) in accordance with the plan. 602. Educational programs in the forensic sciences (a) Recommendations Not later than 3 years after the date of enactment of this Act, the Board shall submit to the Director— (1) a recommended plan for supporting the development of undergraduate and graduate educational programs in the forensic science disciplines and related fields; and (2) recommendations as to whether the development of standards or requirements for educational programs in the forensic science disciplines and related fields is appropriate. (b) Establishment and implementation Upon receipt of the recommendation from the Board under subsection (a), the Director shall establish, in accordance with section 101(f)(3), and implement— (1) a plan for supporting the development of undergraduate and graduate educational programs in the forensic science disciplines and related fields; and (2) any standards or requirements for education programs in the forensic science disciplines and related fields determined by the Director to be appropriate. (c) Existing qualified professional organizations In recommending, establishing, and implementing the plan and standards described in subsections (a) and (b), the Board and the Director shall consider the role of qualified professional organizations that accredit forensic science education programs, and any standards developed by such qualified professional organizations. (d) Oversight The Director, in consultation with the Board, shall— (1) oversee the implementation of any standards or requirements established under subsection (b); and (2) periodically evaluate and, as necessary, update the plan, standards, or requirements established under subsection (b). 603. Medicolegal death investigation (a) Recommendations Not later than 2 years after the date of enactment of this Act, the Board shall submit to the Director— (1) a recommended plan to encourage the Federal Government and State and local governments to implement systems to ensure that qualified individuals perform medicolegal death investigations and to encourage qualified individuals to enter the field of medicolegal death investigation; and (2) recommendations on whether and how the requirements, standards and regulations established under this Act should apply to individuals who perform medicolegal death investigations. (b) Establishment and implementation Upon receipt of the recommendations from the Board under subsection (a), the Director shall establish, in accordance with section 101(f)(3), and implement— (1) a plan to encourage the Federal Government and State and local governments to implement systems to ensure that qualified individuals perform medicolegal death investigations and to encourage qualified individuals to enter the field of medicolegal death investigation; and (2) any specific or additional standards or requirements for individuals who perform medicolegal death investigations determined by the Director to be appropriate. (c) Oversight The Director, in consultation with the Board, shall— (1) oversee the implementation of any standards or requirements established under subsection (b)(2); and (2) periodically evaluate and, as necessary, update the plan, standards, and requirements established under subsection (b). 604. Intergovernmental coordination The Board and the Director shall regularly— (1) coordinate with relevant Federal agencies, including NIST, the National Science Foundation, the Department of Defense, the Centers for Disease Control and Prevention, and the National Institutes of Health, as appropriate, to make efficient and appropriate use of research expertise and funding; (2) coordinate with the Department of Homeland Security and other relevant Federal agencies to determine ways in which the forensic science disciplines may assist in homeland security and emergency preparedness; and (3) coordinate with the United States intelligence community to make efficient and appropriate use of research and new technologies suitable for forensic science. 605. Anonymous reporting Not later than 3 years after the date of enactment of this Act, the Director shall develop a system for any individual to provide information relating to compliance, or lack of compliance, with the requirements, standards, and regulations established under this Act, which may include a hotline or Web site that has appropriate guarantees of anonymity and confidentiality and protections for whistleblowers. 606. Interoperability of databases and technologies (a) Recommendations Not later than 3 years after the date of enactment of this Act, the Board shall submit to the Director a recommended plan to require interoperability among databases and technologies in each of the forensic science disciplines among all levels of government, in all States, and where permitted by law, with the private sector. (b) Establishment and implementation Upon receipt of the recommendation from the Board under subsection (a), the Director shall establish, in accordance with section 101(f)(3), and implement a plan to encourage interoperability among databases and technologies in each of the forensic science disciplines among all levels of government, in all States, and where permitted by law, with the private sector. (c) Oversight The Director, in consultation with the Board, shall evaluate and, as necessary, update the plan established under subsection (b). 607. Code of ethics (a) Recommendations (1) In general Not later than 2 years after the date of enactment of this Act, the Board shall submit to the Director a recommended code of ethics for the forensic science disciplines. (2) Requirements In developing a recommended code of ethics under paragraph (1), the Board shall— (A) consult with relevant qualified professional organizations; and (B) consider any recommendations relating to a code of ethics or code of professional responsibility developed by the Subcommittee on Forensic Science of the National Science and Technology Council. (b) Establishment and incorporation Upon receipt of the recommendation from the Board under subsection (a), the Director shall— (1) in accordance with section 101(f)(3), establish a code of ethics for the forensic science disciplines; and (2) as appropriate, incorporate the code of ethics into the standards for accreditation of forensic science laboratories and certification of relevant personnel established under this Act. (c) Oversight The Director, in consultation with the Board, shall periodically evaluate and, as necessary, update the code of ethics established under subsection (b). 608. Needs assessment (a) In general Not later than 18 months after the date of enactment of this Act, the Director shall conduct a needs assessment of State and local forensic service providers, including law enforcement agencies and medicolegal death examiners, in order to evaluate the capacity and resource needs of those providers. Such a needs assessment shall address the technology, equipment, personnel, recruitment, training, education, and research needs of those State and local forensic service providers. (b) Development of national strategy Not later than 2 years after the date of enactment of this Act, the Director shall develop a national strategy for developing the capacity and resources of State and local forensic science providers and for addressing the needs identified in the assessment conducted pursuant to subsection (a). (c) Update of assessment and national strategy Not less frequently than once every 5 years, the Director shall update the assessment conducted under subsection (a) and the national strategy developed under subsection (b).

Criminal Justice and Forensic Science Reform Act

Workforce Democracy and Fairness Act - Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to require that no investigative hearing take place until at least 14 days after the filing of an election petition regarding collective bargaining representation when the NLRB has reasonable cause to believe that the petition raises a question of representation affecting commerce. Requires such hearings to be non-adversarial, and the hearing officer, in collaboration with the parties, to identify any relevant and material pre-election issues. Requires the NLRB, in cases where it finds that a question of representation exists, to: (1) direct an election by secret ballot as soon as practicable but not before 35 calendar days after the filing of the election petition, and (2) certify election results only after it has ruled on each pre-election issue not resolved before the election and any additional issue pertaining to the conduct or results of that election. Requires the Board also, not earlier than seven days after a final determination of the appropriate bargaining unit, to acquire from the employer a list of all employees eligible to vote in the election, which shall: (1) be made available to all parties, and (2) include the employees' names as well as one additional form of personal contact information (such as telephone number, email address, or mailing address) chosen by the employee in writing.

113 S2178 IS: Workforce Democracy and Fairness Act U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2178 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Alexander Mr. Enzi Mr. Isakson Mr. Hatch Mr. Scott Mr. Barrasso Committee on Health, Education, Labor, and Pensions A BILL To amend the National Labor Relations Act with respect to the timing of elections and pre-election hearings and the identification of pre-election issues, and to require that lists of employees eligible to vote in organizing elections be provided to the National Labor Relations Board. 1. Short title This Act may be cited as the Workforce Democracy and Fairness Act 2. Pre-election hearings; list of employees eligible to vote in elections Section 9(c)(1) of the National Labor Relations Act ( 29 U.S.C. 159(c)(1) (1) by inserting , but in no circumstances less than 14 calendar days after the filing of the petition upon due notice (2) by inserting after with respect thereto. (3) by striking and shall certify the results thereof to be conducted as soon as practicable but no earlier than 35 calendar days after the filing of an election petition. The Board shall certify the results of the election after it has ruled on each pre-election issue not resolved before the election and any additional issue pertaining to the conduct or results of the election (4) by adding at the end the following: Not earlier than 7 days after a final determination by the Board of the appropriate bargaining unit, the Board shall acquire from the employer a list of all employees eligible to vote in the election to be made available to all parties, which shall include the names of the employees, and one additional form of personal contact information of the employee (such as telephone number, email address, or mailing address) chosen by the employee in writing.

Workforce Democracy and Fairness Act

Homeless Veterans Services Protection Act of 2014 - Renders the minimum continuous active duty service requirement for receiving veteran benefits inapplicable to benefits allowed to homeless veterans. Exempts benefits allowed to homeless veterans from the disqualification for veteran benefits resulting from a discharge or dismissal from the Armed Services under conditions other than honorable.

113 S2179 IS: Homeless Veterans Services Protection Act of 2014 U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2179 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mrs. Murray Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to waive the minimum period of continuous active duty in the Armed Forces for receipt of benefits for homeless veterans, to authorize the Secretary of Veterans Affairs to furnish benefits for homeless veterans to homeless veterans with discharges or releases from service in the Armed Forces under other than honorable conditions, and for other purposes. 1. Short title This Act may be cited as the Homeless Veterans Services Protection Act of 2014 2. Waiver of minimum period of continuous active duty in Armed Forces for benefits for homeless veterans Section 5303A(b)(3) (1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (2) by inserting after subparagraph (E) the following new subparagraph (F): (F) to benefits under chapter 20 of this title; . 3. Authorization to furnish benefits for homeless veterans to homeless veterans with discharges or releases under other than honorable conditions Section 5303(d) (1) by striking not apply to any war-risk insurance (1) Any war-risk insurance ; and (2) by adding at the end the following new paragraph: (2) Benefits under chapter 20 .

Homeless Veterans Services Protection Act of 2014

Tsunami Warning and Education Reauthorization Act of 2014 - Reauthorizes the Tsunami Warning and Education Act with specified appropriations for FY2015-FY2019. Expands the tsunami forecasting and warning program operated by the National Oceanic and Atmospheric Administration (NOAA), through the National Weather Service (NWS), to include: (1) tsunami inundation models and maps for use in safeguarding port and harbor operations, (2) a requirement that the U.S. Geological Survey (USGS) and the National Science Foundation (NSF) provide NOAA with information from regional seismic networks previously installed in areas of sparse instrumentation, (3) the capability to disseminate graphical warning products and wireless emergency alerts to at-risk states and tsunami communities in coordination with existing warning systems, and (4) the integration of commercial and federal undersea communications cables with other environmental observing technologies. Consolidates separate tsunami warning systems into a single warning system capable of: (1) forecasting tsunamis anywhere in the Pacific and Arctic Ocean regions and providing adequate warnings; and (2) providing adequate warnings in specified areas of the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico. Requires such warning system to support international tsunami forecasting and warning efforts. Requires NOAA to establish or maintain tsunami warning centers, including existing centers in Alaska and Hawaii, as part of the National Centers for Environmental Prediction. Requires tsunami warning centers to maintain redundant warning capabilities and an ability to perform back-up duties for each other. Requires NWS regions and local forecast offices to coordinate with such centers. Directs NOAA to establish uniform operational procedures for such centers, including standardized software applications, checklists, decision support tools, and tsunami warning products. Requires NOAA to ensure that such centers carry out formal outreach plans. Requires NOAA to acquire the assistance of other federal agencies that have technology assets necessary to support the forecasting and warning program. Modifies the tsunami hazard mitigation program to provide for: (1) technical and financial assistance to coastal states, territories, tribes, and local governments to develop and implement mitigation activities; (2) the integration of tsunami preparedness and mitigation programs into ongoing state-based hazard warning, resilience planning, and risk management activities, including predisaster planning, disaster recovery, and community development and redevelopment programs in affected areas; (3) the development of regional risk assessments; and (4) the propagation of standards for community planning, education, and training products, programs, and tools. Prohibits certain national standards from preventing states, territories, tribes, and local governments from designating additional areas as being at-risk based on knowledge of local conditions. Directs NOAA to report to Congress regarding the authorities and activities needed to have NWS's TsunamiReady program accredited by the Emergency Management Accreditation Program. Expands the tsunami research program to include development of the technical basis for validation of tsunami maps, numerical tsunami models, digital elevation models, and forecasts. Removes a requirement that NOAA operate an International Tsunami Information Center for Pacific Ocean nations. Directs NOAA to establish a standing subcommittee of the Science Advisory Board to provide advice on matters regarding tsunami science, technology, and preparedness. Requires NOAA to report to Congress regarding the ways that tsunami warnings can be standardized and streamlined with warnings for hurricanes, coastal storms, and other coastal flooding events.

113 S2181 IS: Tsunami Warning and Education Reauthorization Act of 2014 U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2181 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Begich Ms. Cantwell Mr. Schatz Committee on Commerce, Science, and Transportation A BILL To authorize and strengthen the tsunami detection, forecast, warning, research, and mitigation program of the National Oceanic and Atmospheric Administration, and for other purposes. 1. Short title This Act may be cited as the Tsunami Warning and Education Reauthorization Act of 2014 2. References to the Tsunami Warning and Education Act 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 VIII of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( Public Law 109–479 33 U.S.C. 3201 et seq. Tsunami Warning and Education Act 3. Expansion of purposes of Tsunami Warning and Education Act Section 803 ( 33 U.S.C. 3202 (1) in paragraph (1), by inserting research, warnings, (2) by amending paragraph (2) to read as follows: (2) to enhance and modernize the tsunami warning system of the United States to increase the accuracy of forecasts and warnings and reduce false alarms; ; (3) in paragraph (3), by inserting and establish standards for mapping, (4) in paragraph (4)— (A) by striking and increase , increase, and establish standards for (B) by inserting , including the warning signs of locally generated tsunamis approaching (5) in paragraph (5), by striking , including the Indian Ocean; and (6) by redesignating paragraph (6) as paragraph (7); and (7) by inserting after paragraph (5), the following: (6) to foster resilient communities in the face of tsunami and other coastal hazards; and . 4. Modification of tsunami forecasting and warning program (a) Components Subsection (b) of section 804 ( 33 U.S.C. 3203 (1) in paragraph (1), by inserting or maintained established (2) in paragraph (4), by inserting and safeguarding port and harbor operations communities (3) in paragraph (6), by inserting , including regional seismic networks previously installed in areas of sparse instrumentation networks (4) in paragraph (7)— (A) by inserting , including graphical warning products, warnings (B) by inserting and Wireless Emergency Alerts Hazards Program (5) in paragraph (8), by inserting and commercial and Federal undersea communications cables technologies (b) Tsunami warning system Subsection (c) of such section is amended to read as follows: (c) Tsunami warning system The program under this section shall operate a tsunami warning system that— (1) is capable of forecasting tsunamis anywhere in the Pacific and Arctic Ocean regions and providing adequate warnings; (2) is capable of providing adequate warnings in areas of the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico that are determined— (A) to be geologically active, or to have significant potential for geological activity; and (B) to pose significant risks of tsunamis for States along the coastal areas of the Atlantic Ocean, Caribbean Sea, or Gulf of Mexico; and (3) supports other international tsunami forecasting and warning efforts. . (c) Tsunami warning centers Subsection (d) of such section is amended to read as follows: (d) Tsunami warning centers (1) Establishment The Administrator shall establish or maintain, as part of the National Centers for Environmental Prediction, centers to support the tsunami warning system required by subsection (c). (2) Responsibilities The responsibilities of the centers established or maintained pursuant to paragraph (1) shall include the following: (A) Continuously monitoring data from seismological, deep ocean, and tidal monitoring stations. (B) Evaluating earthquakes that have the potential to generate tsunamis. (C) Evaluating deep ocean buoy data and tidal monitoring stations for indications of tsunamis resulting from earthquakes and other sources. (D) To the extent practicable, utilizing ensemble models to predict tsunamis. (E) Ensuring supercomputing resources of the National Centers for Environmental Prediction are available to run, as rapidly as possible, such computer models as are needed for purposes of the tsunami warning system operated pursuant to subsection (c). (F) Disseminating forecasts and tsunami warning bulletins to Federal, State, and local government officials and the public. (G) Developing outreach plans to ensure close integration with local Weather Forecast Offices of the National Weather Service and emergency managers. (H) Working with local Weather Forecast Offices to ensure they have the technical knowledge and capability to disseminate tsunami warnings to the communities they serve. (I) Evaluating effectiveness of warnings and of coordination with local Weather Forecast Offices after significant tsunami events. (J) Coordinating with the tsunami hazard mitigation program conducted under section 805 to ensure ongoing sharing of information between forecasters and emergency management officials. (K) Making data gathered under this title and post-warning analyses conducted by the National Weather Service or other relevant Administration offices available to researchers. (3) Redundant warning capability The tsunami warning centers established or maintained pursuant to paragraph (1), including the warning centers in Hawaii and Alaska that were established under this section and in operation on the day before the date of the enactment of the Tsunami Warning and Education Reauthorization Act of 2014 (4) Coordination with National Weather Service The National Weather Service regions and local forecast offices shall coordinate with the centers established or maintained pursuant to paragraph (1) to ensure that— (A) they have the technical knowledge and capability to disseminate tsunami warnings for the communities they serve; and (B) their connections with local emergency management officials are leveraged for optimally disseminating tsunami warnings and forecasts. (5) Standards The Administrator shall— (A) establish uniform operational procedures for the centers established or maintained pursuant to paragraph (1), including the employment of software applications, checklists, decision support tools, and tsunami warning products that have been standardized across the program established under this section; (B) ensure that processes and products of the warning system operated pursuant to subsection (c)— (i) reflect industry best practices; (ii) conform with internationally recognized standards for information technology; and (iii) conform to the maximum extent practicable with other warning products and practices of the National Weather Service; (C) ensure that future adjustments to operational protocols, processes, and warning products— (i) are made consistently across the warning system operated pursuant to subsection (c); and (ii) are applied in a uniform manner across such warning system; and (D) promote standards for evaluating and improving tsunami forecast models. (6) Outreach The Administrator shall ensure the tsunami warning centers established or maintained pursuant to paragraph (1) develop and carry out formal outreach plans. . (d) Transfer of technology; maintenance and upgrades Subsection (e) of such section is amended to read as follows: (e) Transfer of technology; maintenance and upgrades In carrying out this section, the Administrator shall— (1) develop requirements for the equipment used to forecast tsunamis, including— (A) provisions for multipurpose detection platforms; (B) reliability and performance metrics; and (C) to the maximum extent practicable, how the equipment will be integrated with other United States and global ocean and coastal observation systems, the global earth observing system of systems, the global seismic networks, and the Advanced National Seismic System; (2) develop and execute a plan for the transfer of technology from ongoing research conducted as part of the program established or maintained under section 806 into the program under this section; and (3) ensure that maintaining operational tsunami detection equipment is the highest priority within the program carried out under this section. . (e) Federal cooperation Subsection (f) of such section is amended to read as follows: (f) Federal cooperation When deploying and maintaining tsunami detection technologies under the program under this section, the Administrator shall— (1) identify which assets of other Federal agencies are necessary to support such program; and (2) work with each agency identified under paragraph (1)— (A) to acquire the agency’s assistance; and (B) to prioritize the necessary assets. . (f) Unnecessary provisions Such section is further amended by striking subsections (g) through (k). 5. Modification of national tsunami hazard mitigation program (a) In general Section 805 ( 33 U.S.C. 3204 (a) Program required The Administrator, in consultation with the Administrator of the Federal Emergency Management Agency and the heads of such other agencies as the Administrator considers relevant, shall conduct a community-based tsunami hazard mitigation program to improve tsunami preparedness of at-risk areas in the United States and the territories of the United States. (b) Program components The program conducted pursuant to subsection (a) shall include the following: (1) Technical and financial assistance to coastal States, territories, tribes, and local governments to develop and implement activities under this section. (2) Integration of tsunami preparedness and mitigation programs into ongoing State-based hazard warning, resilience planning, and risk management activities, including predisaster planning, emergency response, evacuation planning, disaster recovery, hazard mitigation, and community development and redevelopment programs in affected areas. (3) Activities to promote the adoption of tsunami resilience, preparedness, warning, and mitigation measures by Federal, State, territorial, tribal, and local governments and nongovernmental entities, including educational and risk communication programs to discourage development in high-risk areas. (4) Development of regional tsunami hazard and risk assessments, using inundation models that meet programmatic standards for accuracy. Such regional risk assessments may include the following: (A) The sources, sizes, and histories of tsunamis in that region. (B) Inundation models and maps of critical infrastructure and socioeconomic vulnerability in areas subject to tsunami inundation. (C) Maps of evacuation areas and evacuation routes. (D) Evaluations of the size of populations that will require evacuation, including populations with special evacuation needs. (5) Community-based outreach and education networks and programs to ensure community readiness and resilience, including the following: (A) The implementation of technical training and public education programs. (B) The development of decision support tools. (C) The evaluation of effectiveness of tsunami education efforts and development of education guidelines based on that evidence as well as the expertise of the Administration in hazard communications. (6) Propagation of standards for community planning, education, and training products, programs, and tools, including standards for— (A) mapping products; (B) inundation models, although national standards for inundation models shall not prevent States, territories, tribes, and local governments from designating additional areas as being at-risk based on knowledge of local conditions; and (C) effective emergency exercises. (c) Authorized activities In addition to activities conducted under subsection (b), the program conducted pursuant to subsection (a) may include the following: (1) Multidisciplinary vulnerability assessment research, education, and training to help integrate risk management and resilience objective with community development planning and policies. (2) Risk management training for the public, local officials, and institutions to enhance understanding and preparedness. (3) Development of practical applications for existing or emerging technologies, such as modeling, remote sensing, geospatial technology, engineering, and observing systems. (4) Risk management and resilience data and information services, including— (A) access to data and products derived from observing and detection systems; and (B) development and maintenance of new integrated data products to support risk assessment, risk management, and resilience programs. (5) Risk notification systems that coordinate with and build upon existing systems and actively engage policy officials, government agencies, business communities, nongovernmental organizations, and the media. (d) Coordinating committee (1) In general The Administrator shall establish a coordinating committee to assist the Administrator in the conduct of the program required by subsection (a). (2) Composition The coordinating committee shall be composed of such representatives as the Administrator considers appropriate to represent Federal, State, tribal, territorial, and local governments. (3) Subcommittees The Administrator may approve the formation of subcommittees to address specific program components or regional issues. (4) Responsibilities The coordinating committee shall— (A) recommend how funds appropriated or otherwise made available to carry out the program required by subsection (a) should be allocated; (B) ensure that areas described in section 804(c) in the United States and its territories have the opportunity to participate in the program; (C) provide recommendations to the Administrator on how to improve continuously the TsunamiReady program, particularly on ways to make communities more tsunami resilient through the use of inundation maps and models and other hazard mitigation practices; and (D) ensure that all components of the program required by subsection (a) are integrated with ongoing State-based hazard warning, risk management, and resilience activities, including— (i) integrating with emergency response plans, disaster recovery, hazard mitigation, and community development programs in affected areas; and (ii) integrating information to assist in tsunami evacuation route planning. (5) Exemption from FACA termination requirement Section 14 of the Federal Advisory Committee Act ( 5 U.S.C. App. 14 . (b) Report on accreditation of TsunamiReady program Not later than 180 days after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on which authorities and activities would be needed to have the TsunamiReady program of the National Weather Service accredited by the Emergency Management Accreditation Program. 6. Modification of tsunami research program Section 806 ( 33 U.S.C. 3205 (1) in the matter before paragraph (1), by striking The Administrator shall establish or maintain (a) In general The Administrator shall, in consultation with such other Federal agencies, State governments, and academic institutions as the Administrator considers appropriate, the coordinating committee established under section 805(d), and the panel established under section 808(a), establish or maintain ; (2) in subsection (a), as designated by paragraph (1), by striking and assessment for tsunami tracking and numerical forecast modeling. Such research program shall— (b) Responsibilities The research program established and maintained pursuant to subsection (a) shall— ; and (3) in subsection (b), as designated by paragraph (2)— (A) in paragraph (3)— (i) by striking include conduct (ii) by striking and (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) develop the technical basis for validation of tsunami maps, numerical tsunami models, digital elevation models, and forecasts; and . 7. Global tsunami warning and mitigation network Section 807 ( 33 U.S.C. 3206 (1) by amending subsection (a) to read as follows: (a) Support for development of international tsunami warning system The Administrator shall, in coordination with the Secretary of State and in consultation with such other agencies as the Administrator considers relevant, provide technical assistance and training to the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the World Meteorological Organization of the United Nations, and such other international entities as the Administrator considers appropriate, as part of international efforts to develop a fully functional global tsunami forecast and warning system comprising regional tsunami warning networks. ; (2) by striking subsection (b); and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 8. Tsunami science, technology, and preparedness panel (a) In general Title VIII of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( Public Law 109–479 33 U.S.C. 3201 et seq. (1) by redesignating section 808 as section 809; and (2) by inserting after section 807 the following: 808. Tsunami science, technology, and preparedness panel (a) Establishment (1) In general The Administrator shall establish a panel to provide advice to the Administrator on matters regarding tsunami science, technology, and preparedness. (2) Subcommittee of Science Advisory Board The panel established pursuant to paragraph (1) shall be a standing subcommittee of the Science Advisory Board of the Administration. (b) Membership (1) Composition The panel established under subsection (a) shall be composed of not fewer than 7 members selected by the Administrator from among individuals who have academic or practical expertise in physical sciences, social sciences, information technology, coastal resilience, emergency management, or such other disciplines as the Administrator considers appropriate. (2) Federal employment No member of the panel established pursuant to subsection (a) may be a Federal employee. (c) Responsibilities Not less frequently than once every 2 years, the panel established under subsection (a) shall— (1) review the activities of the Federal Government (including the activities of the program conducted under section 805) relating to tsunami research, forecasting, warning, and preparation; (2) submit to the Administrator and such others as the Administrator considers appropriate— (A) the findings of the panel with respect to the most recent review conducted pursuant to paragraph (1); and (B) such recommendations for legislative or administrative action as the panel considers appropriate to improve Federal tsunami research, forecasting, warning, and preparation. (d) Biennial reports to Congress Not less frequently than once every 2 years, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings and recommendations received by the Administrator under subsection (c)(2). . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by striking the item relating to section 808 and inserting the following: Sec. 808. Tsunami science, technology, and preparedness panel. Sec. 809. Authorization of appropriations. . 9. Report on implementation of Tsunami Warning and Education Act (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report on the implementation of the Tsunami Warning and Education Act (33 U.S.C. 3201 et seq.), as amended by this Act. (b) Elements The report required by subsection (a) shall include the following: (1) A detailed description of the progress made in implementing sections 804(d)(5), 805(b)(6), and 806(b)(4) of the Tsunami Warning and Education Act ( 33 U.S.C. 3203 (2) A description of the ways that tsunami warnings and warning products issued by the Tsunami Forecasting and Warning Program established under section 804 of such Act ( 33 U.S.C. 3203 10. Authorization of appropriations Section 809, as redesignated by section 8(a)(1), is amended— (1) in paragraph (4)(B), by striking and (2) in paragraph (5)(B), by striking the period at the end and inserting ; and (3) by adding at the end the following: (6) $36,000,000 for each of fiscal years 2015 through 2019, of which— (A) not less than 27 percent of the amount appropriated shall be for activities under the tsunami hazard mitigation program under section 805; and (B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 806. . 11. Repeal of duplicate provisions of law (a) Repeal Public Law 109–424 (120 Stat. 2902) is hereby repealed. (b) Construction Nothing in this section shall be construed to repeal, or affect in any way, title VIII of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ( Public Law 109–479

Tsunami Warning and Education Reauthorization Act of 2014

Suicide Prevention for American Veterans Act - Extends from 5 to 15 years the period of eligibility for hospital care, medical services, and nursing home care for veterans who served on active duty in a theater of combat operations after the Persian Gulf War or against a hostile force during a period of hostilities after November 11, 1998. Requires the Secretaries of the military departments to provide a process by which a covered individual may challenge the terms or characterization of his or her discharge or separation from the Armed Forces. Defines "covered individual" as any individual who: (1) was discharged or separated from the Armed Forces for a personality disorder; or (2) was discharged or separated from the Armed Forces on a punitive basis, or under other than honorable conditions, and who alleges that the basis for such discharge or separation was a mental health injury or disorder incurred or aggravated by the individual during service in the Armed Forces. Requires the Secretary of Defense (DOD) and the Secretary of Veteran Affairs (VA) to: (1) conduct an evaluation of mental health care and suicide prevention programs carried out in DOD and VA; (2) train all providers of health care in such Departments on recognizing the risk of suicide, treating or referring for treatment an individual who is at risk of suicide, and recognizing the symptoms of posttraumatic stress disorder; and (3) ensure that best practices for identifying individuals at risk of suicide and for providing quality mental health care are disseminated to providers of health care in such Departments. Amends the Wounded Warrior Act to require the DOD Secretary and the VA Secretary, in implementing electronic health record systems that provide for the full interoperability of personal health care information between the Departments of Defense and Veterans Affairs, to ensure that: (1) a health data authoritative source that can be accessed by multiple providers and that standardizes the input of new medical information is created within 180 days, (2) the ability of patients of both Departments to download their medical records is achieved within 180 days, (3) full interoperability of personal health care information between the Departments is achieved within one year, (4) acceleration of the exchange of real-time data between the Departments is achieved within one year, (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved within one year, and (6) current members of the Armed Forces and their dependents may elect to receive an electronic copy of their health care records beginning not later than June 30, 2015. Directs the VA Secretary to carry out a three-year pilot program to repay the educational loans of individuals who: (1) are licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration or are enrolled in the final year of an accredited residency program in psychiatric medicine, and (2) demonstrate a commitment to a long-term career as a psychiatrist in the Veterans Health Administration. Directs the Comptroller General (GAO) to study and report on pay disparities among psychiatrists of the Veterans Health Administration.

113 S2182 IS: Suicide Prevention for American Veterans Act U.S. Senate 2014-03-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2182 IN THE SENATE OF THE UNITED STATES March 27, 2014 Mr. Walsh Mr. Tester Committee on Veterans' Affairs A BILL To expand and improve care provided to veterans and members of the Armed Forces with mental health disorders or at risk of suicide, to review the terms or characterization of the discharge or separation of certain individuals from the Armed Forces, to require a pilot program on loan repayment for psychiatrists who agree to serve in the Veterans Health Administration of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Suicide Prevention for American Veterans Act 2. Extension of eligibility for domiciliary care for certain veterans who served in a theater of combat operations Section 1710(e)(3)(A) period of five years period of 15 years 3. Review of characterization or terms of discharge from the Armed Forces of individuals with mental health disorders alleged to affect terms of discharge (a) In general The Secretaries of the military departments shall each provide for a process by which a covered individual may challenge the terms or characterization of the individual's discharge or separation from the Armed Forces. (b) Covered individuals For purposes of this section, a covered individual is any individual as follows: (1) An individual who was discharged or separated from the Armed Forces for a personality disorder. (2) An individual who— (A) was discharged or separated from the Armed Forces on a punitive basis, or under other than honorable conditions; and (B) who alleges that the basis for such discharge or separation was a mental health injury or disorder incurred or aggravated by the individual during service in the Armed Forces. (c) Discharge of process through boards of corrections of records The Secretary of a military department shall carry out the process required by subsection (a) through boards for the correction of military records of the military department concerned. (d) Considerations on modification of terms of discharge or separation In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by subsection (a), the Secretary of the military department concerned shall instruct boards to give due consideration to any mental health injury or disorder determined to have been incurred or aggravated by the individual during service in the Armed Forces and to what bearing such injury or disorder may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. 4. Improvement of mental health care provided by Department of Veterans Affairs and Department of Defense (a) Evaluations of mental health care and suicide prevention programs (1) In general Not less frequently than once each year, the Secretary concerned shall provide for the conduct of an evaluation of the mental health care and suicide prevention programs carried out under the laws administered by such Secretary. (2) Elements Each evaluation conducted under paragraph (1) shall— (A) use metrics that are common among and useful for practitioners in the field of mental health care and suicide prevention; (B) identify the most effective mental health care and suicide prevention programs conducted by the Secretary concerned; and (C) propose best practices for caring for individuals who suffer from mental health disorders or are at risk of suicide. (3) Third party Each evaluation conducted under paragraph (1) shall be conducted by an independent third party unaffiliated with the Department of Veterans Affairs and the Department of Defense. (b) Training of providers (1) In general The Secretary concerned shall train all providers of health care under the laws administered by such Secretary on the following: (A) Recognizing if an individual is at risk of suicide. (B) Treating or referring for treatment an individual who is at risk of suicide. (C) Recognizing the symptoms of posttraumatic stress disorder. (2) Dissemination of best practices The Secretary concerned shall ensure that best practices for identifying individuals at risk of suicide and providing quality mental health care are disseminated to providers of health care under the laws administered by such Secretary. (c) Secretary concerned defined In this section, the term Secretary concerned (1) the Secretary of Veterans Affairs with respect to matters concerning the Department of Veterans Affairs; and (2) the Secretary of Defense with respect to matters concerning the Department of Defense. 5. Collaboration between Department of Veterans Affairs and Department of Defense on health care matters (a) Timeline for implementing interoperable electronic health records (1) In general Section 1635 of the Wounded Warrior Act ( 10 U.S.C. 1071 (k) Timeline In carrying out this section, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that— (1) the creation of a health data authoritative source by the Department of Defense and the Department of Veterans Affairs that can be accessed by multiple providers and standardizes the input of new medical information is achieved not later than 180 days after the date of the enactment of this subsection; (2) the ability of patients of both the Department of Defense and the Department of Veterans Affairs to download the medical records of the patient (commonly referred to as the Blue Button Initiative (3) the full interoperability of personal health care information between the Departments is achieved not later than one year after the date of the enactment of this subsection; (4) the acceleration of the exchange of real-time data between the Departments is achieved not later than one year after the date of the enactment of this subsection; (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved not later than one year after the date of the enactment of this subsection; and (6) each current member of the Armed Forces and the dependent of such a member may elect to receive an electronic copy of the health care record of the individual beginning not later than June 30, 2015. . (2) Conforming amendments Section 1635 of such Act is further amended— (A) in subsection (a), by striking The Secretary In accordance with the timeline described in subsection (k), the Secretary (B) in the matter preceding paragraph (1) of subsection (e), by inserting in accordance with subsection (k) under this section (b) Establishment of uniform prescription formulary The Secretary of Veterans Affairs and the Secretary of Defense shall jointly establish a uniform prescription formulary for use in prescribing medication under the laws administered by the Secretary of Veterans Affairs and the laws administered by the Secretary of Defense. 6. Pilot program for repayment of educational loans for certain psychiatrists of Veterans Health Administration (a) Establishment The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that— (1) were used by such individuals to finance education relating to psychiatric medicine, including education leading to— (A) an undergraduate degree; (B) a degree of doctor of medicine; or (C) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) A school. (D) Any other authorized entity as determined by the Secretary. (b) Eligible individuals (1) In general Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who— (A) either— (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (d) Period of obligated service The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary. (e) Loan Repayments (1) Amounts Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit For each year of obligated service that an individual who is participating in the pilot program agrees to serve under subsection (d), the Secretary may pay not more than $60,000 in loan repayment on behalf of such individual. (f) Breach (1) Liability An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than one year after the date of the breach of the agreement. (g) Report (1) In general Not later than 90 days after the date on which the pilot program terminates under subsection (i), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (2) Elements The report required by paragraph (1) shall include the following: (A) The overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration. (B) The long-term stability of the psychiatric workforce of the Veterans Health Administration. (C) Strategies of the Veterans Health Administration to improve and increase the ability of the Administration to promote the physical and mental resiliency of all veterans. (h) Regulations The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. 7. Comptroller General study on pay disparities of psychiatrists of Veterans Health Administration (a) Study (1) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. (2) Elements The study required by paragraph (1) shall include the following: (A) An examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to such disparities. (B) Recommendations for legislative or regulatory action to improve equity in pay among such psychiatrists. (b) Report Not later than one year after the date on which the Comptroller General completes the study under subsection (a), the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing the results of the study.

Suicide Prevention for American Veterans Act

Medicare Access Improvement Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to establish a minimum payment rate for primary care services furnished in 2015 and 2016 by a primary care physician (in family medicine, general internal medicine, or geriatric medicine).

113 S2186 IS: Medicare Access Improvement Act of 2014 U.S. Senate 2014-03-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2186 IN THE SENATE OF THE UNITED STATES March 31, 2014 Mr. Begich Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for a minimum Medicare payment rate for primary care services furnished by primary care physicians. 1. Short title This Act may be cited as the Medicare Access Improvement Act of 2014 2. Findings Congress finds that the 2010 Report to Congress of the Interagency Access to Health Care In Alaska Task Force found that— (1) there is a shortage of primary care Medicare providers in Alaska, a problem most severe in Anchorage but evident in Fairbanks as well as in rural Alaska; (2) the main reason physicians give for not wanting to add new Medicare patients is their perception of Medicare’s inadequate reimbursement; (3) the Medicare program has the lowest reimbursement level of the six primary payers of health care in Alaska; (4) the typical physician can have a viable practice in Alaska without servicing any Medicare patients; and (5) many in the provider community believe that a fair, adequate, and uniform Federal rate would alleviate existing provider shortages in Alaska. 3. Minimum Medicare payment rate for primary care services furnished by primary care physicians Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) (8) Minimum payment rate for primary care services furnished by primary care physicians (A) In general Notwithstanding any other provision of this section, subject to paragraphs (3), (7), and (8) of subsection (a) and subsection (p), the payment rate under the fee schedule under this section for primary care services (as defined in subparagraph (B)) furnished in 2015 and 2016 by a physician with a primary specialty designation of family medicine, general internal medicine, or geriatric medicine may not be less than 100 percent of the payment rate that applied in 2013 to such services and such a physician under the Medicaid plan under title XIX for the State in which the service is furnished. (B) Primary care services defined In subparagraph (A), the term primary care services .

Medicare Access Improvement Act of 2014

Rural Community Hospital Demonstration Extension Act of 2014 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, as amended by the Patient Protection and Affordable Care Act, to extend the rural community hospital demonstration program from five through 10 years.

113 S2187 IS: Rural Community Hospital Demonstration Extension Act of 2014 U.S. Senate 2014-03-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2187 IN THE SENATE OF THE UNITED STATES March 31, 2014 Mr. Begich Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for a five-year extension of the rural community hospital demonstration program. 1. Short title This Act may be cited as the Rural Community Hospital Demonstration Extension Act of 2014 2. Five-year extension of the rural community hospital demonstration program (a) Extension Section 410A of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 42 U.S.C. 1395ww Public Law 111–148 (1) in subsection (a)(5), by striking 5-year extension period 10-year extension period (2) in subsection (g)— (A) in the subsection heading, by striking Five-Year Ten-Year (B) in paragraph (1), by striking additional 5-year additional 10-year (C) by striking 5-year extension period 10-year extension period (b) Change in timing for report Subsection (e) of such section 410A is amended by striking Not later than 6 months after the completion Not later than 1 year prior to the completion

Rural Community Hospital Demonstration Extension Act of 2014

Energy Efficiency Tax Incentives Act - Amends the Internal Revenue Code to: (1) extend through 2016, and increase the maximum rate of, the tax deduction for energy-efficient commercial building expenditures; (2) allow a new tax deduction for the cost of retrofitting existing commercial and multifamily buildings; (3) allow a new tax credit, through 2016, for home energy efficiency improvements that increase energy efficiency by at least 20%; (4) extend through 2018 the tax credit for combined heat and power system property expenditures and increase the capacity limitations and credit percentages for systems with a higher efficiency rating; (5) allow an energy tax credit for investment in biomass heating property and for waste heat to power property (i.e., a system which generates electricity through the recovery of a qualified waste heat resource and is placed in service before January 1, 2019); (6) allow a new business-related tax credit for efficient advanced motor systems with adjustable speed capability; (7) allow a new business-related tax credit for replacement of large water-cooled refrigerant chillers that use environmentally harmful refrigerants; and (8) allow a new tax credit for expenditures to increase water use efficiency in the manufacturing sector.

113 S2189 IS: Energy Efficiency Tax Incentives Act U.S. Senate 2014-04-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2189 IN THE SENATE OF THE UNITED STATES April 1, 2014 Mr. Cardin Mrs. Feinstein Mr. Schatz Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to improve and extend the deduction for new and existing energy-efficient commercial buildings, and for other purposes. 1. Short title; amendment of 1986 Code; table of contents (a) Short title This Act may be cited as the Energy Efficiency Tax Incentives Act (b) Amendment of 1986 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 the Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; amendment of 1986 Code; table of contents. TITLE I—Commercial Building Modernization Sec. 101. Extension and modification of deduction for energy-efficient commercial buildings. Sec. 102. Deduction for retrofits of existing commercial and multifamily buildings. TITLE II—Home energy improvements Sec. 201. Performance based home energy improvements. TITLE III—Industrial Energy and Water Efficiency Sec. 301. Modifications in credit for combined heat and power system property. Sec. 302. Investment tax credit for biomass heating property. Sec. 303. Investment tax credit for waste heat to power property. Sec. 304. Motor energy efficiency improvement tax credit. Sec. 305. Credit for replacement of CFC refrigerant chiller. Sec. 306. Qualifying efficient industrial process water use project credit. I Commercial Building Modernization 101. Extension and modification of deduction for energy-efficient commercial buildings (a) Extension (1) Through 2016 Section 179D(h) is amended by striking December 31, 2013 December 31, 2016 (2) Inclusion of multifamily buildings (A) In general Subparagraph (B) of section 179D(c)(1) is amended by striking building commercial building or multifamily building (B) Definitions Subsection (c) of section 179D is amended by adding at the end the following new paragraphs: (3) Commercial building The term commercial building (4) Multifamily building The term multifamily building . (b) Increase in maximum amount of deduction (1) In general Subparagraph (A) of section 179D(b)(1) is amended by striking $1.80 $3.00 (2) Partial allowance Paragraph (1) of section 179D(d) is amended to read as follows: (1) Partial allowance (A) In general Except as provided in subsection (f), if— (i) the requirement of subsection (c)(1)(D) is not met, but (ii) there is a certification in accordance with paragraph (6) that— (I) any system referred to in subsection (c)(1)(C) satisfies the energy-savings targets established by the Secretary under subparagraph (B) with respect to such system, or (II) the systems referred to in subsection (c)(1)(C)(ii) and subsection (c)(1)(C)(iii) together satisfy the energy-savings targets established by the Secretary under subparagraph (B) with respect to such systems, then the requirement of subsection (c)(1)(D) shall be treated as met with respect to such system or systems, and the deduction under subsection (a) shall be allowed with respect to energy-efficient commercial building property installed as part of such system and as part of a plan to meet such targets, except that subsection (b) shall be applied to such property described in clause (ii)(I) by substituting $1.00 $3.00 $2.20 $3.00 (B) Regulations (i) In general The Secretary, after consultation with the Secretary of Energy, shall promulgate regulations establishing a target for each system described in subsection (c)(1)(C) which, if such targets were met for all such systems, the property would meet the requirements of subsection (c)(1)(D). (ii) Safe harbor for combined systems The Secretary, after consultation with the Secretary of Energy, and not later than 6 months after the date of the enactment of the Energy Efficiency Tax Incentives Act . (c) Denial of double benefit rules (1) In general Section 179D is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Tax incentives not available Energy-efficient measures for which a deduction is allowed under this section shall not be eligible for a deduction under section 179F. . (2) Low-income housing exception to basis reduction Subsection (e) of section 179D is amended by inserting (other than property placed in service in a qualified low-income building (within the meaning of section 42)) building property (d) Allocation of deduction Paragraph (4) of section 179D(d) is amended to read as follows: (4) Allocation of deduction (A) In general Not later than 180 days after the date of the enactment of this subsection, the Secretary, in consultation with the Secretary of Energy, shall promulgate a regulation to allow the owner of a commercial or multifamily building, including a government, tribal, or non-profit owner, to allocate any deduction allowed under this section, or a portion thereof, to the person primarily responsible for designing the property in lieu of the owner or to a commercial tenant that leases or otherwise occupies space in such building pursuant to a written agreement. Such person shall be treated as the taxpayer for purposes of this section. (B) Form of allocation An allocation made under this paragraph shall be in writing and in a form that meets the form of allocation requirements in Notice 2008–40 of the Internal Revenue Service. (C) Provision of allocation Not later than 30 days after receipt of a written request from a person eligible to receive an allocation under this paragraph, the owner of a building that makes an allocation under this paragraph shall provide the form of allocation (as described in subparagraph (B)) to such person. (D) Allocation from public owner of building In the case of a commercial building or multifamily building that is owned by a Federal, State, or local government or a subdivision thereof, Notice 2006–52 of the Internal Revenue Service, as amplified by Notice 2008–40, shall apply to any allocation. . (e) Treatment of basis in context of allocation Subsection (e) of section 179D, as amended by subsection (c)(2), is amended by inserting or so allocated so allowed (f) Earnings and profits conformity for real estate investment trusts Subparagraph (B) of section 312(k)(3) is amended— (1) by striking .—For purposes of (i) In general Except as provided in clause (ii), for purposes of , and (2) by adding at the end the following new clause: (ii) Earnings and profits conformity for real estate investment trusts (I) In general For purposes of computing the earnings and profits of a real estate investment trust (other than a captive real estate investment trust), the entire amount deductible under section 179D shall be allowed as deductions in the taxable years for which such amounts are claimed under such section. (II) Captive real estate investment trust The term captive real estate investment trust (III) Rules of application For purposes of this clause, the constructive ownership rules of section 318(a), as modified by section 856(d)(5), shall apply in determining the ownership of stock, assets, or net profits of any person, and the following entities are not considered an association taxable as a corporation: (aa) Any real estate investment trust other than a captive real estate investment trust. (bb) Any qualified real estate investment trust subsidiary under section 856, other than a qualified REIT subsidiary of a captive real estate investment trust. (cc) Any Listed Australian Property Trust (meaning an Australian unit trust registered as a Managed Investment Scheme (dd) Any corporation, trust, association, or partnership organized outside the laws of the United States and which satisfies the criteria described in subclause (IV). (IV) Criteria The criteria described in this subclause are as follows: (aa) At least 75 percent of the entity's total asset value at the close of its taxable year is represented by real estate assets (as defined in section 856(c)(5)(B)), cash and cash equivalents, and United States Government securities. (bb) The entity is not subject to tax on amounts distributed to its beneficial owners, or is exempt from entity-level taxation. (cc) The entity distributes at least 85 percent of its taxable income (as computed in the jurisdiction in which it is organized) to the holders of its shares or certificates of beneficial interest on an annual basis. (dd) Not more than 10 percent of the voting power or value in such entity is held directly or indirectly or constructively by a single entity or individual, or the shares or beneficial interests of such entity are regularly traded on an established securities market. (ee) The entity is organized in a country which has a tax treaty with the United States. . (g) Rules for lighting systems Subsection (f) of section 179D is amended to read as follows: (f) Rules for lighting systems (1) In general With respect to property that is part of a lighting system, the deduction allowed under subsection (a) shall be equal to— (A) for a lighting system that includes installation of a lighting control described in paragraph (2)(A), the applicable amount determined under paragraph (3)(A), (B) for a lighting system that includes installation of a lighting control described in paragraph (2)(B), the applicable amount determined under paragraph (3)(B), or (C) for a lighting system that does not include installation of any lighting controls described in subparagraph (A) or (B) of paragraph (2), the applicable amount determined under paragraph (3)(C). (2) Energy saving controls (A) Lighting controls in certain spaces For purposes of paragraph (1)(A), the lighting controls described in this subparagraph are the following: (i) Occupancy sensors (as described in paragraph (4)(I)) in spaces not greater than 800 square feet. (ii) Bi-level controls (as described in paragraph (4)(A)). (iii) Continuous or step dimming controls (as described in subparagraphs (B) and (K) of paragraph (4)). (iv) Daylight dimming where sufficient daylight is available (as described in paragraph (4)(C)). (v) A multi-scene controller (as described in paragraph (4)(H)). (vi) Time scheduling controls (as described in paragraph (4)(L)), provided that such controls are not required by Standard 90.1-2010. (vii) Such other lighting controls as the Secretary, in consultation with the Secretary of Energy, determines appropriate. (B) Other control types For purposes of paragraph (1)(B), the lighting controls described in this subparagraph are the following: (i) Occupancy sensors (as described in paragraph (4)(I)) in spaces greater than 800 square feet. (ii) Demand responsive controls (as described in paragraph (4)(D)). (iii) Lumen maintenance controls (as described in paragraph (4)(F)) where solid state lighting is used. (iv) Such other lighting controls as the Secretary, in consultation with the Secretary of Energy, determines appropriate. (3) Applicable amount (A) Lighting controls in certain spaces For purposes of paragraph (1)(A), the applicable amount shall be determined in accordance with the following table: If the percentage of reduction in lighting power density is not less than: The amount of the deduction per square foot is: 15 percent $0.30 20 percent $0.44 25 percent $0.58 30 percent $0.72 35 percent $0.86 40 percent $1.00. (B) Lighting controls in larger spaces and where solid lighting is used For purposes of paragraph (1)(B), the applicable amount shall be determined in accordance with the following table: If the percentage of reduction in lighting power density is not less than: The amount of the deduction per square foot is: 20 percent $0.30 25 percent $0.44 30 percent $0.58 35 percent $0.72 40 percent $0.86 45 percent $1.00. (C) No qualified lighting controls For purposes of paragraph (1)(C), the applicable amount shall be determined in accordance with the following table: If the percentage of reduction in lighting power density is not less than: The amount of the deduction per square foot is: 25 percent $0.30 30 percent $0.44 35 percent $0.58 40 percent $0.72 45 percent $0.86 50 percent $1.00. (4) Definitions For purposes of this subsection: (A) Bi-level control (i) In general Subject to clause (ii), the term bi-level control (ii) Full-off setting For purposes of clause (i), a bi-level control shall also provide for a full-off setting. (B) Continuous dimming The term continuous dimming (C) Daylight dimming; sufficient daylight (i) Daylight dimming The term daylight dimming (I) adjusts electric lighting power in response to the amount of daylight that is present in an area, and (II) provides for separate control of the lamps for general lighting in the daylight area by not less than 1 multi-level photocontrol, including continuous dimming devices, that satisfies the following requirements: (aa) The light sensor for the multi-level photocontrol is remote from where calibration adjustments are made. (bb) The calibration adjustments are readily accessible. (cc) The multi-level photocontrol reduces electric lighting power in response to the amount of daylight with— (AA) not less than 1 control step that is between 50 percent and 70 percent of design lighting power, and (BB) not less than 1 control step that is not less than 35 percent of design lighting power. (ii) Sufficient daylight (I) In general The term sufficient daylight (aa) in the case of toplighted areas, when the total daylight area under skylights plus the total daylight area under rooftop monitors in an enclosed space is greater than 900 square feet (as defined in Standard 90.1-2010), and (bb) in the case of sidelighted areas, when the combined primary sidelight area in an enclosed space is not less than 250 square feet (as defined in Standard 90.1-2010). (II) Exceptions Sufficient daylight shall be deemed to not be available if— (aa) in the case of areas described in subclause (I)(aa)— (AA) for daylighted areas under skylights, it is documented that existing adjacent structures or natural objects block direct beam sunlight for more than 1500 daytime hours (after 8 a.m. and before 4 p.m., local time) per year, (BB) for daylighted areas, the skylight effective aperture is less than 0.006, or (CC) for buildings in climate zone 8, as defined under Standard 90.1-2010, the daylight areas total less than 1500 square feet in an enclosed space, and (bb) in the case of primary sidelighted areas described in subclause (I)(bb)— (AA) the top of the existing adjacent structures are at least twice as high above the windows as the distance from the window, or (BB) the sidelighting effective aperture is less than 0.1. (iii) Daylight, sidelighting, and other related terms The terms daylight area daylight area under skylights daylight area under rooftop monitors daylighted area enclosed space primary sidelighted areas sidelighting effective aperture skylight effective aperture (D) Demand Responsive Control (i) In general The term demand responsive control (I) in the case of space-conditioning systems, conducts a centralized demand shed for non-critical zones during a demand response period and that has the capability to, on a signal from a centralized contract or software point within an Energy Management Control System— (aa) remotely increase the operating cooling temperature set points in such zones by not less than 4 degrees, (bb) remotely decrease the operating heating temperature set points in such zones by not less than 4 degrees, (cc) remotely reset temperatures in such zones to originating operating levels, and (dd) provide an adjustable rate of change for any temperature adjustment and reset, and (II) in the case of lighting power, has the capability to reduce lighting power by not less than 30 percent during a demand response period. (ii) Demand response period The term demand response period (I) the price of electricity, and (II) participation in programs or services that are designed to modify electricity usage in response to wholesale market prices for electricity or when reliability of the electrical system is in jeopardy. (iii) Demand response signal The term demand response signal (I) indicates an adjustment in the price of electricity, or (II) is a request to modify electricity consumption. (E) Lamp The term lamp (F) Lumen maintenance control The term lumen maintenance control (G) Luminaire The term luminaire (i) not less than 1 lamp, and (ii) any of the following items: (I) Optical control devices designed to distribute light. (II) Sockets or mountings for the positioning, protection, and operation of the lamps. (III) Mechanical components for support or attachment. (IV) Electrical and electronic components for operation and control of the lamps. (H) Multi-scene control The term multi-scene control (i) not less than 2 predetermined lighting settings, (ii) a setting that turns off all luminaires in an area, and (iii) a recall of the settings described in clauses (i) and (ii) for any luminaires or groups of luminaires to adjust to multiple activities within the area. (I) Occupancy sensor The term occupancy sensor (i) detects the presence or absence of individuals within an area and regulates lighting, equipment, or appliances according to a required sequence of operation, (ii) shuts off lighting when an area is unoccupied, (iii) except in areas designated as emergency egress and using less than 0.2 watts per square foot of floor area, provides for manual shut-off of all luminaires regardless of the status of the sensor and allows for— (I) independent control in each area enclosed by ceiling-height partitions, (II) controls that are readily accessible, and (III) operation by a manual switch that is located in the same area as the lighting that is subject to the control device. (J) Standard 90.1-2010 The term Standard 90.1-2010 (K) Step dimming The term step dimming (L) Time scheduling control The term time scheduling control . (h) Updated standards (1) Initial update (A) In general Section 179D(c) is amended by striking 90.1-2001 90.1-2004 (B) Conforming amendment Paragraph (2) of section 179D(c) is amended by striking (as in effect on April 2, 2003) (2) Second update (A) In general Section 179D is amended by striking 90.1-2004 90.1-2007 (B) Effective date The amendments made by subparagraph (A) shall apply to property placed in service after December 31, 2014. (i) Treatment of lighting systems Section 179D(c)(1) is amended by striking interior (j) Reporting program Section 179D, as amended by subsection (c)(1), is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: (i) Reporting program For purposes of the report required under section 179F(l), the Secretary, in consultation with the Secretary of Energy, shall— (1) develop a program to collect a statistically valid sample of energy consumption data from taxpayers that received full deductions under this section, regardless of whether such taxpayers allocated all or a portion of such deduction, and (2) include such data in the report, with such redactions as deemed necessary to protect the personally identifiable information of such taxpayers. . (k) Special rule for partnerships and S corporations Section 179D, as amended by subsection (j), is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: (j) Special rule for partnerships and S corporations In the case of a partnership or S corporation, this section shall be applied at the partner or shareholder level, subject to such reporting requirements as are determined appropriate by the Secretary. . (l) Effective date Except as otherwise provided, the amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act. 102. Deduction for retrofits of existing commercial and multifamily buildings (a) In general Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 179E the following new section: 179F. Deduction for retrofits of existing commercial and multifamily buildings (a) Allowance of deduction (1) In general With respect to each certified retrofit plan, there shall be allowed as a deduction an amount equal to the lesser of— (A) the sum of— (i) the design deduction, and (ii) the realized deduction, or (B) the total cost to develop and implement such certified retrofit plan. (2) Exception For purposes of the amount described in paragraph (1)(B), if such amount is taken as a design deduction, no realized deduction shall be allowed. (b) Deduction amounts For purposes of this section— (1) Design deduction A design deduction shall be— (A) based on projected source energy savings as calculated in accordance with subsection (c)(3)(B), (B) correlated to the percent of source energy savings set forth in the general scale in paragraph (3)(A) that a certified retrofit plan is projected to achieve when energy-efficient measures are placed in service, and (C) equal to 60 percent of the amount allowed under the general scale. (2) Realized deduction (A) In general A realized deduction shall be— (i) based on realized source energy savings as calculated in accordance with subsection (c)(3)(C), (ii) correlated to the percent of source energy savings set forth in the general scale in paragraph (3)(A) as realized by a certified retrofit plan, and (iii) equal to 40 percent of the amount allowed under the general scale. (B) Adjustment of source energy savings The percent of source energy savings for purposes of any realized deduction may vary from such savings projected when energy-efficient measures were placed in service for purposes of a design deduction under paragraph (1). (C) No recapture of design deduction Notwithstanding the regulations prescribed under subsection (f), no recapture of a design deduction shall be required where the owner of the commercial or multifamily building— (i) claims or allocates a design deduction when energy-efficient measures are placed into service pursuant to the terms and conditions of a certified retrofit plan, and (ii) is not eligible for or does not subsequently claim or allocate a realized deduction. (3) General scale (A) In general The scale for deductions allowed under this section shall be— (i) $1.00 per square foot of retrofit floor area for 20 to 24 percent source energy savings, (ii) $1.50 per square foot of retrofit floor area for 25 to 29 percent source energy savings, (iii) $2.00 per square foot of retrofit floor area for 30 to 34 percent source energy savings, (iv) $2.50 per square foot of retrofit floor area for 35 to 39 percent source energy savings, (v) $3.00 per square foot of retrofit floor area for 40 to 44 percent source energy savings, (vi) $3.50 per square foot of retrofit floor area for 45 to 49 percent source energy savings, and (vii) $4.00 per square foot of retrofit floor area for 50 percent or more source energy savings. (B) Historic buildings (i) In general With respect to energy-efficient measures placed in service as part of a certified retrofit plan in a commercial building or multifamily building on or eligible for the National Register of Historic Places, the respective dollar amounts set forth in the general scale under subparagraph (A) shall— (I) each be increased by 20 percent, for the purposes of calculating any applicable design deduction and realized deduction, and (II) not exceed the total cost to develop and implement such certified retrofit plan. (ii) Exception If the amount described in clause (i)(II) is taken as a design deduction, then no realized deduction shall be allowed. (c) Calculation of energy savings (1) In general For purposes of the design deduction and the realized deduction, source energy savings shall be calculated with reference to a baseline of the annual source energy consumption of the commercial or multifamily building before energy-efficient measures were placed in service. (2) Baseline benchmark The baseline under paragraph (1) shall be determined using a building energy performance benchmarking tool designated by the Administrator of the Environmental Protection Agency, and based upon 1 year of source energy consumption data prior to the date upon which the energy-efficient measures are placed in service. (3) Design and realized source energy savings (A) In general In certifying a retrofit plan as a certified retrofit plan, a licensed engineer or architect shall calculate source energy savings by utilizing the baseline benchmark defined in paragraph (2) and determining percent improvements from such baseline. (B) Design deduction For purposes of claiming a design deduction, the regulations issued under subsection (f)(1) shall prescribe the standards and process for a licensed engineer or architect to calculate and certify source energy savings projected from the design of a certified retrofit plan as of the date energy-efficient measures are placed in service. (C) Realized deduction For purposes of claiming a realized deduction, a licensed engineer or architect shall calculate and certify source energy savings realized by a certified retrofit plan 2 years after a design deduction is allowed by utilizing energy consumption data after energy-efficient measures are placed in service, and adjusting for climate, building occupancy hours, density, or other factors deemed appropriate in the benchmarking tool designated under paragraph (2). (d) Certified retrofit plan and other definitions For purposes of this section— (1) Certified retrofit plan The term certified retrofit plan (A) is designed to reduce the annual source energy costs of a commercial building, or a multifamily building, through the installation of energy-efficient measures, (B) is certified under penalty of perjury by a licensed engineer or architect, who is not a direct employee of the owner of the commercial building or multifamily building that is the subject of the plan, and is licensed in the State in which such building is located, (C) describes the square footage of retrofit floor area covered by such a plan, (D) specifies that it is designed to achieve a final source energy usage intensity after energy-efficient measures are placed in service in a commercial building or a multifamily building that does not exceed on a square foot basis the average level of energy usage intensity of other similar buildings, as described in paragraph (2), (E) requires that after the energy-efficient measures are placed in service, the commercial building or multifamily building meets the applicable State and local building code requirements for the area in which such building is located, (F) satisfies the regulations prescribed under subsection (f), and (G) is submitted to the Secretary of Energy after energy-efficient measures are placed in service, for the purpose of informing the report to Congress required by subsection (l). (2) Average level of energy usage intensity (A) In general The maximum average level of energy usage intensity under paragraph (1)(D) shall not exceed 300,000 British thermal units per square foot. (B) Regulations (i) In general The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall develop distinct standards for categories and subcategories of buildings with respect to maximum average level of energy usage intensity based on the best available information used by the ENERGY STAR program. (ii) Review The standards developed pursuant to clause (i) shall be reviewed and updated by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, not later than every 3 years. (3) Commercial building (A) In general The term commercial building (i) that is in existence and occupied on the date of the enactment of this section, (ii) for which a certificate of occupancy has been issued at least 10 years before energy efficiency measures are placed in service, and (iii) with a primary use or purpose other than as residential housing. (B) Shopping centers In the case of a retail shopping center, the term commercial building (i) 50,000 square feet or larger that is covered by a separate utility grade meter to record energy consumption in such area, and (ii) under the day-to-day management and operation of— (I) the owner of such building as common space areas, or (II) a retail tenant, lessee, or other occupant. (4) Energy-efficient measures The term energy-efficient measures (A) on or in a commercial building or multifamily building, (B) as part of— (i) the lighting systems, (ii) the heating, cooling, ventilation, refrigeration, or hot water systems, (iii) building transportation systems, such as elevators and escalators, (iv) the building envelope, which may include an energy-efficient cool roof, (v) a continuous commissioning contract under the supervision of a licensed engineer or architect, or (vi) building operations or monitoring systems, including utility-grade meters and submeters, and (C) including equipment, materials, and systems within subparagraph (B) with respect to which depreciation (or amortization in lieu of depreciation) is allowed. (5) Energy savings The term energy savings (6) Multifamily building The term multifamily building (A) means— (i) a structure of 5 or more dwelling units located in the United States— (I) that is in existence and occupied on the date of the enactment of this section, (II) for which a certificate of occupancy has been issued at least 10 years before energy efficiency measures are placed in service, and (III) with a primary use as residential housing, and (B) includes such buildings owned and operated as a condominium, cooperative, or other common interest community. (7) Source energy The term source energy (e) Timing of claiming deductions Deductions allowed under this section may be claimed as follows: (1) Design deduction In the case of a design deduction, in the taxable year that energy efficiency measures are placed in service. (2) Realized deduction In the case of a realized deduction, in the second taxable year following the taxable year described in paragraph (1). (f) Regulations (1) In general Not later than 180 days after the date of the enactment of this section, and after notice and opportunity for public comment, the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall prescribe regulations— (A) for the manner and method for a licensed engineer or architect to certify retrofit plans, model projected energy savings, and calculate realized energy savings, and (B) notwithstanding subsection (b)(2)(C), to provide, as appropriate, for a recapture of the deductions allowed under this section if a retrofit plan is not fully implemented, or a retrofit plan and energy savings are not certified or verified in accordance with regulations prescribed under this subsection. (2) Reliance on established protocols, etc To the maximum extent practicable and available, such regulations shall rely upon established protocols and documents used in the ENERGY STAR program, and industry best practices and existing guidelines, such as the Building Energy Modeling Guidelines of the Commercial Energy Services Network (COMNET). (3) Allowance of deductions pending issuance of regulations Pending issuance of the regulations under paragraph (1), the owner of a commercial building or a multifamily building shall be allowed to claim or allocate a deduction allowed under this section. (g) Notice to owner Each certification of a retrofit plan and calculation of energy savings required under this section shall include an explanation to the owner of a commercial building or a multifamily building regarding the energy-efficient measures placed in service and their projected and realized annual energy costs. (h) Allocation of deduction (1) In general Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Energy, shall promulgate a regulation to allow the owner of a commercial building or a multifamily building, including a government, tribal, or non-profit owner, to allocate any deduction allowed under this section, or a portion thereof, to the person primarily responsible for funding, financing, designing, leasing, operating, or placing in service energy-efficient measures. Such person shall be treated as the taxpayer for purposes of this section and shall include a building tenant, financier, architect, professional engineer, licensed contractor, energy services company, or other building professional. (2) Form of allocation An allocation made under this paragraph shall be in writing and in a form that meets the form of allocation requirements in Notice 2008–40 of the Internal Revenue Service. (3) Provision of allocation Not later than 30 days after receipt of a written request from a person eligible to receive an allocation under this paragraph, the owner of a building that makes an allocation under this paragraph shall provide the form of allocation (as described in paragraph (2)) to such person. (4) Allocation from public owner of building In the case of a commercial building or a multifamily building that is owned by a Federal, State, or local government or a subdivision thereof, Notice 2006–52 of the Internal Revenue Service, as amplified by Notice 2008–40, shall apply to any allocation. (i) Basis reduction For purposes of this subtitle, if a deduction is allowed under this section with respect to any energy-efficient measures placed in service under a certified retrofit plan other than in a qualified low-income building (within the meaning of section 42), the basis of such measures shall be reduced by the amount of the deduction so allowed or so allocated. (j) Special Rule for Partnerships and S Corporations In the case of a partnership or S corporation, this section shall be applied at the partner or shareholder level, subject to such reporting requirements as are determined appropriate by the Secretary. (k) Tax incentives not available (1) Energy efficient commercial buildings deduction Energy-efficient measures for which a deduction is allowed under this section shall not be eligible for a deduction under section 179D. (2) New energy efficient home credit No deduction shall be allowed under this section with respect to any building or dwelling unit with respect to which a credit under section 45L was allowed. (l) Report to Congress (1) In general Biennially, beginning with the first year after the enactment of this section, the Secretary, in conjunction with the Secretary of Energy, shall submit a report to Congress that— (A) explains the energy saved, the energy-efficient measures implemented, the realization of energy savings projected, and records the amounts and types of deductions allowed under this section, (B) explains the energy saved, the energy efficient measures implemented, and records the amount of deductions allowed under section 179D, based on the data collected pursuant to subsection (i) of such section, (C) determines the number of jobs created as a result of the deduction allowed under this section, (D) determines how the use of any deduction allowed under this section may be improved, based on the information provided to the Secretary of Energy, (E) provides aggregated data with respect to the information described in subparagraphs (A) through (D), and (F) provides statutory recommendations to Congress that would reduce energy consumption in new and existing commercial buildings located in the United States, including recommendations on providing energy-efficient tax incentives for subsections of buildings that operate with specific utility-grade metering. (2) Protection of taxpayer information The Secretary and the Secretary of Energy shall share information on deductions allowed under this section and related reports submitted, as requested by each agency to fulfill its obligations under this section, with such redactions as deemed necessary to protect the personally identifiable financial information of a taxpayer. (3) Incorporation into Department of Energy programs The Secretary of Energy shall, to the maximum extent practicable, incorporate conclusions of the report under this subsection into current Department of Energy building performance and energy efficiency data collection and other reporting programs. (m) Termination This section shall not apply to any property placed in service after December 31, 2016. . (b) Effect on depreciation on earnings and profits Subparagraph (B) of section 312(k)(3), as amended by this title, is amended— (1) by striking or 179E 179E, or 179F (2) by striking or 179E 179E, or 179F (3) by inserting or 179F section 179D (c) Conforming amendment The table of sections for part VI of subchapter B of chapter 1 is amended by inserting after the item relating to section 179E the following new item: Sec. 179F. Deduction for retrofits of existing commercial and multifamily buildings. . (d) Effective date Except as otherwise provided, the amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act. II Home energy improvements 201. Performance based home energy improvements (a) In general Subpart A of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: 25E. Performance based energy improvements (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year for a qualified whole home energy efficiency retrofit an amount determined under subsection (b). (b) Amount determined (1) In general Subject to paragraph (4), the amount determined under this subsection is equal to— (A) the base amount under paragraph (2), increased by (B) the amount determined under paragraph (3). (2) Base amount For purposes of paragraph (1)(A), the base amount is $2,000, but only if the energy use for the residence is reduced by at least 20 percent below the baseline energy use for such residence as calculated according to paragraph (5). (3) Increase amount For purposes of paragraph (1)(B), the amount determined under this paragraph is $500 for each additional 5 percentage point reduction in energy use. (4) Limitation In no event shall the amount determined under this subsection exceed the lesser of— (A) $5,000 with respect to any residence, or (B) 30 percent of the qualified home energy efficiency expenditures paid or incurred by the taxpayer under subsection (c) with respect to such residence. (5) Determination of energy use reduction For purposes of this subsection— (A) In general The reduction in energy use for any residence shall be determined by modeling the annual predicted percentage reduction in total energy costs for heating, cooling, hot water, and permanent lighting. It shall be modeled using computer modeling software approved under subsection (d)(2) and a baseline energy use calculated according to subsection (d)(1)(C). (B) Energy costs For purposes of subparagraph (A), the energy cost per unit of fuel for each fuel type shall be determined by dividing the total actual energy bill for the residence for that fuel type for the most recent available 12-month period by the total energy units of that fuel type used over the same period. (c) Qualified home energy efficiency expenditures For purposes of this section, the term qualified home energy efficiency expenditures (1) means any amount paid or incurred by the taxpayer during the taxable year for a qualified whole home energy efficiency retrofit, including the cost of diagnostic procedures, labor, and modeling, (2) includes only measures that have an average estimated life of 5 years or more as determined by the Secretary, after consultation with the Secretary of Energy, and (3) does not include any amount which is paid or incurred in connection with any expansion of the building envelope of the residence. (d) Qualified whole home energy efficiency retrofit For purposes of this section— (1) In general The term qualified whole home energy efficiency retrofit (A) subject to paragraph (4), be designed, implemented, and installed by a contractor which is— (i) accredited by the Building Performance Institute (hereafter in this section referred to as BPI (ii) a Residential Energy Services Network (hereafter in this section referred to as RESNET (iii) accredited by an equivalent certification program approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, (B) install a set of measures modeled to achieve a reduction in energy use of at least 20 percent below the baseline energy use established in subparagraph (C), using computer modeling software approved under paragraph (2), (C) establish the baseline energy use by calibrating the model using sections 3 and 4 and Annex D of BPI Standard BPI–2400–S–2011: Standardized Qualification of Whole House Energy Savings Estimates, or an equivalent standard approved by the Secretary, after consultation with Secretary of Energy, for this purpose, (D) document the measures implemented in the residence through photographs taken before and after the retrofit, including photographs of its visible energy systems and envelope as relevant, and (E) implement a test-out procedure, following guidelines of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent guidelines approved by the Secretary, after consultation with the Secretary of Energy, for this purpose, to ensure— (i) the safe operation of all systems post retrofit, and (ii) that all improvements are included in, and have been installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, for this purpose. For purposes of subparagraph (A)(iii), an organization or State may submit an equivalent certification program for approval by the Secretary, in consultation with the Secretary of Energy. The Secretary shall approve or deny such submission not later than 180 days after receipt, and, if the Secretary fails to respond in that time period, the submitted equivalent certification program shall be considered approved. (2) Approved modeling software For purposes of paragraph (1)(B), the contractor (or, if applicable, the person described in paragraph (4)) shall use modeling software certified by RESNET as following the software verification test suites in section 4.2.1 of RESNET Publication No. 06–001 or certified by an alternative organization as following an equivalent standard, as approved by the Secretary, after consultation with the Secretary of Energy, for this purpose. (3) Documentation The Secretary, after consultation with the Secretary of Energy, shall prescribe regulations directing what specific documentation is required to be retained or submitted by the taxpayer in order to claim the credit under this section, which shall include, in addition to the photographs under paragraph (1)(D), a form approved by the Secretary that is completed and signed by the qualified whole home energy efficiency retrofit contractor under penalties of perjury. Such form shall include— (A) a statement that the contractor (or, if applicable, the person described in paragraph (4)) followed the specified procedures for establishing baseline energy use and estimating reduction in energy use, (B) the name of the software used for calculating the baseline energy use and reduction in energy use, the percentage reduction in projected energy savings achieved, and a statement that such software was certified for this program by the Secretary, after consultation with the Secretary of Energy, (C) a statement that the contractor (or, if applicable, the person described in paragraph (4)) will retain the details of the calculations and underlying energy bills for 5 years and will make such details available for inspection by the Secretary or the Secretary of Energy, if so requested, (D) a list of measures installed and a statement that all measures included in the reduction in energy use estimate are included in, and installed according to, standards of the applicable certification program specified under clause (i) or (ii) of subparagraph (A), or equivalent standards approved by the Secretary, after consultation with the Secretary of Energy, (E) a statement that the contractor (or, if applicable, the person described in paragraph (4)) meets the requirements of paragraph (1)(A), and (F) documentation of the total cost of the project in order to comply with the limitation under subsection (b)(4)(B). (4) Certified home energy rater For purposes of paragraph (1)(A), a contractor shall be deemed to have satisfied the accreditation requirement under such paragraph if the contractor enters into a contract with a person that satisfies such accreditation requirement for purposes of modeling the energy use reduction described in paragraph (1)(B). (e) Additional rules For purposes of this section— (1) No double benefit (A) In general With respect to any residence, no credit shall be allowed under this section for any taxable year in which the taxpayer claims a credit under section 25C. (B) Renewable energy systems and appliances In the case of a renewable energy system or appliance that qualifies for another credit under this chapter, the resulting reduction in energy use shall not be taken into account in determining the percentage energy use reductions under subsection (b). (C) No double benefit for certain expenditures The term qualified home energy efficiency expenditures (2) Principal residence The term principal residence (3) Special rules Rules similar to the rules under paragraphs (4), (5), (6), (7), and (8) of section 25D(e) and section 25C(e)(2) shall apply, as determined by the Secretary, after consultation with the Secretary of Energy. (4) Basis adjustments For purposes of this subtitle, if a credit is allowed under this section with respect to any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so allowed. (5) Election not to claim credit No credit shall be determined under subsection (a) for the taxable year if the taxpayer elects not to have subsection (a) apply to such taxable year. (6) Multiple year retrofits If the taxpayer has claimed a credit under this section in a previous taxable year, the baseline energy use for the calculation of reduced energy use must be established after the previous retrofit has been placed in service. (f) Termination This section shall not apply with respect to any costs paid or incurred after December 31, 2016. (g) Secretary review The Secretary, after consultation with the Secretary of Energy, shall establish a review process for the retrofits performed, including an estimate of the usage of the credit and a statistically valid analysis of the average actual energy use reductions, utilizing utility bill data collected on a voluntary basis, and report to Congress not later than June 30, 2014, any findings and recommendations for— (1) improvements to the effectiveness of the credit under this section, and (2) expansion of the credit under this section to rental units. . (b) Conforming amendments (1) Section 1016(a) is amended— (A) by striking and (B) by striking the period at the end of paragraph (37) and inserting , and (C) by adding at the end the following new paragraph: (38) to the extent provided in section 25E(e)(4), in the case of amounts with respect to which a credit has been allowed under section 25E. . (2) Section 6501(m) is amended by inserting 25E(e)(5), section (3) The table of sections for subpart A of part IV of subchapter A chapter 1 is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Performance based energy improvements. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred for a qualified whole home energy efficiency retrofit placed in service after December 31, 2013. III Industrial Energy and Water Efficiency 301. Modifications in credit for combined heat and power system property (a) Modification of certain capacity limitations Section 48(c)(3)(B) is amended— (1) by striking 15 megawatts 25 megawatts (2) by striking 20,000 horsepower 34,000 horsepower (3) by striking clause (iii). (b) Increase in credit percentage for systems with greater efficiency Subparagraph (A) of section 48(a)(2) is amended— (1) by striking and (2) by adding at the end of clause (i) the following new subclause: (V) combined heat and power system property the energy efficiency percentage of which (as defined in subsection (c)(3)(C)(i)) is equal to or greater than 85 percent, , (3) by redesignating clause (ii) as clause (iii), (4) by striking clause (i) clause (i) or (ii) (5) by inserting after clause (i) the following new clause: (ii) 20 percent in the case of combined heat and power system property the energy percentage of which (as defined in subsection (c)(3)(C)(i)) is equal to or greater than 75 percent and less than 85 percent, and . (c) Extension Clause (iv) of section 48(c)(3)(A) is amended by striking January 1, 2017 January 1, 2019 (d) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) 302. Investment tax credit for biomass heating property (a) In general Subparagraph (A) of section 48(a)(3) is amended by striking or or (viii) open-loop biomass (within the meaning of section 45(c)(3)) heating property, including boilers or furnaces which operate at output efficiencies of not less than 65 percent (measured by the higher heating value of the fuel) and which provide thermal energy in the form of heat, hot water, or steam for space heating, air conditioning, domestic hot water, or industrial process heat, but only with respect to periods ending before January 1, 2016, . (b) 30-Percent and 15-Percent credits (1) In general Subparagraph (A) of section 48(a)(2), as amended by this title, is amended— (A) by redesignating clause (iii) as clause (iv), (B) by striking and (C) by striking clause (i) or (ii) clause (i), (ii), or (iii) (D) by inserting after clause (ii) the following new clause: (iii) 15 percent in the case of energy property described in paragraph (3)(A)(viii) to which clause (i)(VI) does not apply, and . (2) Increased credit for greater efficiency Clause (i) of section 48(a)(2)(A), as amended by this title, is amended by striking and , and (VI) energy property described in paragraph (3)(A)(viii) which operates at an output efficiency of not less than 80 percent (measured by the higher heating value of the fuel), . (c) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) 303. Investment tax credit for waste heat to power property (a) In general Subparagraph (A) of section 48(a)(3), as amended by this title, is amended by striking or , or (ix) waste heat to power property, . (b) 30-Percent credit Clause (i) of section 48(a)(2)(A), as amended by this title, is amended by striking and , and (VII) waste heat to power property, . (c) Waste heat To power property Subsection (c) of section 48 is amended by adding at the end the following new paragraph: (5) Waste heat to power property (A) In general The term waste heat to power property (i) comprising a system which generates electricity through the recovery of a qualified waste heat resource, and (ii) which is placed in service before January 1, 2019. (B) Qualified waste heat resource The term qualified waste heat resource (i) exhaust heat or flared gas from an industrial process, (ii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented, (iii) a pressure drop in any gas for an industrial or commercial process, or (iv) such other forms of waste heat resources as the Secretary may determine. (C) Exception The term qualified waste heat resource . (d) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) 304. Motor energy efficiency improvement tax credit (a) In general Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: 45S. Motor energy efficiency improvement tax credit (a) In general For purposes of section 38, the motor energy efficiency improvement tax credit determined under this section for the taxable year is an amount equal to $120 multiplied by the motor horsepower of an appliance, machine, or equipment— (1) manufactured in such taxable year by a manufacturer which incorporates an advanced motor and drive system into a newly designed appliance, machine, or equipment or into a redesigned appliance, machine, or equipment which did not previously make use of the advanced motor and drive system, or (2) placed back into service in such taxable year by an end user which upgrades an existing appliance, machine, or equipment with an advanced motor and drive system. For any advanced motor and drive system with a total horsepower of less than 10, such motor energy efficiency improvement tax credit is an amount which bears the same ratio to $120 as such total horsepower bears to 1 horsepower. (b) Advanced motor and drive system For purposes of this section, the term advanced motor and drive system (1) offers variable or multiple speed operation, and (2) uses permanent magnet technology, electronically commutated motor technology, switched reluctance motor technology, synchronous reluctance, or such other motor and drive systems technologies as determined by the Secretary of Energy. (c) Aggregate per taxpayer limitation (1) In general The amount of the credit determined under this section for any taxpayer for any taxable year shall not exceed the excess (if any) of $2,000,000 over the aggregate credits allowed under this section with respect to such taxpayer for all prior taxable years. (2) Aggregation rules For purposes of this section, all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 taxpayer. (d) Special rules (1) Basis reduction For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. (2) No double benefit No other credit shall be allowable under this chapter for property with respect to which a credit is allowed under this section. (3) Property used outside United States not qualified No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1). (e) Application This section shall not apply to property manufactured or placed back into service before the date which is 6 months after the date of the enactment of this section or after December 31, 2016. . (b) Conforming amendments (1) Section 38(b) is amended by striking plus , plus (37) the motor energy efficiency improvement tax credit determined under section 45S. . (2) Section 1016(a) is amended by striking and , and (38) to the extent provided in section 45S(d)(1). . (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: Sec. 45S. Motor energy efficiency improvement tax credit. . (c) Effective date The amendments made by this section shall apply to property manufactured or placed back into service after the date which is 6 months after the date of the enactment of this Act. 305. Credit for replacement of CFC refrigerant chiller (a) In general Subpart D of part IV of subchapter A of chapter 1, as amended by this title, is amended by adding at the end the following new section: 45T. CFC chiller replacement credit (a) In general For purposes of section 38, the CFC chiller replacement credit determined under this section for the taxable year is an amount equal to— (1) $150 multiplied by the tonnage rating of a CFC chiller replaced with a new efficient chiller that is placed in service by the taxpayer during the taxable year, plus (2) if all chilled water distribution pumps connected to the new efficient chiller include variable frequency drives, $100 multiplied by any tonnage downsizing. (b) CFC chiller For purposes of this section, the term CFC chiller (1) was installed after 1980 and before 1993, (2) utilizes chlorofluorocarbon refrigerant, and (3) until replaced by a new efficient chiller, has remained in operation and utilized for cooling a commercial building. (c) New efficient chiller For purposes of this section, the term new efficient chiller (d) Tonnage downsizing For purposes of this section, the term tonnage downsizing (e) Energy audit As a condition of receiving a tax credit under this section, an energy audit shall be performed on the building prior to installation of the new efficient chiller, identifying cost-effective energy-saving measures, particularly measures that could contribute to chiller downsizing. The audit shall satisfy criteria that shall be issued by the Secretary of Energy. (f) Property used by tax-Exempt entity In the case of a CFC chiller replaced by a new efficient chiller the use of which is described in paragraph (3) or (4) of section 50(b), the person who sold such new efficient chiller to the entity shall be treated as the taxpayer that placed in service the new efficient chiller that replaced the CFC chiller, but only if such person clearly discloses to such entity in a document the amount of any credit allowable under subsection (a) and the person certifies to the Secretary that the person reduced the price the entity paid for such new efficient chiller by the entire amount of such credit. (g) Termination This section shall not apply to replacements made after December 31, 2017. . (b) Conforming amendments (1) Section 38(b), as amended by this title, is amended by striking plus , plus (38) the CFC chiller replacement credit determined under section 45T. . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by this title, is amended by adding at the end the following new item: Sec. 45T. CFC chiller replacement credit. . (c) Effective date The amendments made by this section shall apply to replacements made after the date of the enactment of this Act. 306. Qualifying efficient industrial process water use project credit (a) In general Section 46 is amended by inserting a comma at the end of paragraph (4), by striking and , and (7) the qualifying efficient industrial process water use project credit. . (b) Amount of credit Subpart E of part IV of subchapter A of chapter 1 is amended by inserting after section 48D the following new section: 48E. Qualifying efficient industrial process water use project credit (a) In general (1) Allowance of credit For purposes of section 46, the qualifying efficient industrial process water use project credit for any taxable year is an amount equal to the applicable percentage of the qualified investment for such taxable year with respect to any qualifying efficient industrial process water use project of the taxpayer. (2) Applicable percentage For purposes of subsection (a)— (A) In general The applicable percentage is— (i) 10 percent in the case of a qualifying efficient industrial process water use project which achieves a 25 percent or greater (but less than 50 percent) reduction in water use for industrial purposes, (ii) 20 percent in the case of a qualifying efficient industrial process water use project which achieves a 50 percent or greater (but less than 75 percent) reduction in water use for industrial purposes, and (iii) 30 percent in the case of a qualifying efficient industrial process water use project which achieves a 75 percent or greater reduction in water use for industrial purposes. (B) Water use For purposes of subparagraph (A)— (i) Measurement of reduction in water use (I) In general The taxpayer shall elect one of the methods specified in clause (ii) for measuring the reduction in water use achieved by a qualifying efficient industrial process water use project. (II) Irrevocable election An election under subclause (I), once made with respect to a qualifying efficient industrial process water use project, shall apply to the taxable year for which made and all subsequent taxable years, and may not be revoked. (III) Projected savings The credit under subsection (a) may be claimed on the basis of a reduction in water use which is projected, by a registered professional engineer who is not a related person (within the meaning of section 144(a)(3)(A)) to the taxpayer or the installer of eligible property, to be achieved by a qualifying efficient industrial process water use project. Such projection, if used as a basis for determining the credit under subsection (a), shall be included with the return of tax. (ii) Methods specified The methods specified in this clause are— (I) a measurement of the percentage reduction in water use per unit of product manufactured by the taxpayer, and (II) a measurement of the percentage reduction in water use per pound of product manufactured by the taxpayer. (b) Qualified investment (1) In general For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying efficient industrial process water use project. (2) Exceptions Such term shall not include any portion of the basis related to— (A) permitting, (B) land acquisition, or (C) infrastructure not directly associated with the implementation of the technology or process improvements of the qualifying efficient industrial process water use project. (3) Certain qualified progress expenditures rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (4) Special rule for subsidized energy financing Rules similar to the rules of section 48(a)(4) (without regard to subparagraph (D) thereof) shall apply for purposes of this section. (5) Limitation The amount which is treated for all taxable years with respect to any qualifying efficient industrial process water use project with respect to any site shall not exceed $10,000,000. (c) Definitions For purposes of this section— (1) Qualifying efficient industrial process water use project (A) In general The term qualifying efficient industrial process water use project (B) Systems For purposes of subparagraph (A), the term system (2) Eligible property The term eligible property (A) which is part of a qualifying efficient industrial process water use project and which is necessary for the reduction in water use described in paragraph (1), (B) (i) the construction, reconstruction, or erection of which is completed by the taxpayer, or (ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, and (C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. (3) Water use (A) In general The term water use (B) Regulated water system The term regulated water system (d) Termination This section shall not apply to periods after December 31, 2017, under rules similar to the rules of section 48(m) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). . (c) Conforming amendments (1) Section 49(a)(1)(C) is amended by striking and , and (vii) the basis of any property which is part of a qualifying efficient industrial use water project under section 48E. . (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 48D the following new item: Sec. 48E. Qualifying efficient industrial process water use project credit. . (d) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Energy Efficiency Tax Incentives Act

Susquehanna Gateway National Heritage Area Act - Establishes the Susquehanna Gateway National Heritage Area in Pennsylvania. Designates the Susquehanna Heritage Corporation as the local coordinating entity for the Area. Requires the Corporation to prepare and submit a management plan for the Area.

114 S211 IS: Susquehanna Gateway National Heritage Area Act U.S. Senate 2015-01-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 211 IN THE SENATE OF THE UNITED STATES January 21, 2015 Mr. Casey Committee on Energy and Natural Resources A BILL To establish the Susquehanna Gateway National Heritage Area in the State of Pennsylvania, and for other purposes. 1. Short title This Act may be cited as the Susquehanna Gateway National Heritage Area Act 2. Definitions In this Act: (1) Heritage area The term Heritage Area (2) Local coordinating entity The term local coordinating entity (3) Management plan The term management plan (4) Secretary The term Secretary (5) State The term State 3. Susquehanna gateway national heritage area (a) Establishment There is established the Susquehanna Gateway National Heritage Area in the State. (b) Boundaries The Heritage Area shall include Lancaster and York Counties, Pennsylvania. 4. Designation of local coordinating entity (a) Local coordinating entity The Susquehanna Heritage Corporation, a nonprofit organization established under the laws of the State, shall be the local coordinating entity for the Heritage Area. (b) Authorities of local coordinating entity The local coordinating entity may, for purposes of preparing and implementing the management plan, use Federal funds made available under this Act— (1) to prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (2) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; (3) to enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations; (4) to hire and compensate staff; (5) to obtain funds or services from any source, including funds and services provided under any other Federal program or law; and (6) to contract for goods and services. (c) Duties of local coordinating entity To further the purposes of the Heritage Area, the local coordinating entity shall— (1) prepare a management plan for the Heritage Area in accordance with section 5; (2) give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in— (A) carrying out programs and projects that recognize and protect important resource values in the Heritage Area; (B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (C) establishing and maintaining interpretive exhibits in the Heritage Area; (D) developing heritage-based recreational and educational opportunities for residents and visitors in the Heritage Area; (E) increasing public awareness of and appreciation for the natural, historic, and cultural resources of the Heritage Area; (F) restoring historic buildings that are— (i) located in the Heritage Area; and (ii) related to the themes of the Heritage Area; and (G) installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest; (3) consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the Heritage Area in developing and implementing the management plan; (4) conduct public meetings at least semiannually regarding the development and implementation of the management plan; and (5) for any fiscal year for which Federal funds are received under this Act— (A) submit to the Secretary an annual report that describes— (i) the accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; and (iii) the entities to which the local coordinating entity made any grants; (B) make available for audit all records relating to the expenditure of the Federal funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records relating to the expenditure of the Federal funds. (d) Prohibition on acquisition of real property (1) In general The local coordinating entity shall not use Federal funds received under this Act to acquire real property or any interest in real property. (2) Other sources Nothing in this Act precludes the local coordinating entity from using Federal funds from other sources for authorized purposes, including the acquisition of real property or any interest in real property. 5. Management plan (a) In general Not later than 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity shall prepare and submit to the Secretary a management plan for the Heritage Area. (b) Contents The management plan for the Heritage Area shall— (1) include comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; (2) take into consideration existing State, county, and local plans; (3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (4) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; and (5) include an analysis of, and recommendations for, ways in which Federal, State, and local programs, may best be coordinated to further the purposes of this Act, including recommendations for the role of the National Park Service in the Heritage Area. (c) Disqualification from funding If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity may not receive additional funding under this Act until the date on which the Secretary receives the proposed management plan. (d) Approval and disapproval of management plan (1) In general Not later than 180 days after the date on which the local coordinating entity submits the management plan to the Secretary, the Secretary shall approve or disapprove the proposed management plan. (2) Considerations In determining whether to approve or disapprove the management plan, the Secretary shall consider whether— (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has provided adequate opportunities (including public meetings) for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area; and (D) the management plan is supported by the appropriate State and local officials, the cooperation of which is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Disapproval and revisions (A) In general If the Secretary disapproves a proposed management plan, the Secretary shall— (i) advise the local coordinating entity, in writing, of the reasons for the disapproval; and (ii) make recommendations for revision of the proposed management plan. (B) Approval or disapproval The Secretary shall approve or disapprove a revised management plan not later than 180 days after the date on which the revised management plan is submitted. (e) Approval of amendments (1) In general The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with subsection (d). (2) Funding Funds appropriated under this Act may not be expended to implement any changes made by an amendment to the management plan until the Secretary approves the amendment. 6. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the extent practicable. (c) Other Federal agencies Nothing in this Act— (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 7. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 8. Evaluation; report (a) In General Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation An evaluation conducted under subsection (a)(1) shall— (1) assess the progress of the local coordinating entity with respect to— (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report (1) In general Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress On completion of the report, the Secretary shall submit the report to— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. 9. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Cost-Sharing requirement The Federal share of the cost of any activity carried out using funds made available under this Act shall be not more than 50 percent. 10. Termination of authority The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Susquehanna Gateway National Heritage Area Act

Hire More Heroes Act of 2014 - Amends the Internal Revenue Code to permit an employer, for purposes of determining whether such employer is an applicable large employer and thus required to provide health care coverage to its employees under the Patient Protection and Affordable Care Act, to exclude employees who have coverage under a health care program administered by the Department of Defense (DOD), including TRICARE, or the Department of Veterans Affairs (VA).

113 S2190 IS: Hire More Heroes Act of 2014 U.S. Senate 2014-04-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2190 IN THE SENATE OF THE UNITED STATES April 1, 2014 Mr. Blunt Mr. Inhofe Ms. Ayotte Mr. Burr Mr. Kirk Mr. McCain Mr. Pryor Mr. Barrasso Mr. Boozman Mr. Chambliss Mr. Coats Mr. Coburn Mr. Cochran Ms. Collins Mr. Cornyn Mr. Enzi Mrs. Fischer Mr. Graham Mr. Grassley Mr. Hatch Mr. Heller Mr. Hoeven Mr. Isakson Mr. Johanns Mr. McConnell Mr. Moran Ms. Murkowski Mr. Paul Mr. Portman Mr. Risch Mr. Roberts Mr. Sessions Mr. Scott Mr. Shelby Mr. Toomey Mr. Vitter Mr. Wicker Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow employers to exempt employees with health coverage under TRICARE or the Veterans Administration from being taken into account for purposes of the employer mandate under the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Hire More Heroes Act of 2014 2. Employees with health coverage under TRICARE or the Veterans Administration may be exempted from employer mandate under Patient Protection and Affordable Care Act (a) In general Section 4980H(c)(2) of the Internal Revenue Code is amended by adding at the end the following: (F) Exemption for health coverage under TRICARE or the Veterans Administration Solely for purposes of determining whether an employer is an applicable large employer under this paragraph for any month, an employer may elect not to take into account for a month as an employee any individual who, for such month, has medical coverage under— (i) chapter 55 (ii) under a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs, in coordination with the Secretary of Health and Human Services and the Secretary. . (b) Effective date The amendment made by subsection (a) shall apply to months beginning after December 31, 2013.

Hire More Heroes Act of 2014