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113-hr-753 | I 113th CONGRESS 1st Session H. R. 753 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit the Secretary of the Interior and the Secretary of Commerce from authorizing commercial finfish aquaculture operations in the Exclusive Economic Zone except in accordance with a law authorizing such action.
1. Prohibition on authorizing finfish aquaculture in the EEZ Notwithstanding any other provision of law, neither the Secretary of the Interior nor the Secretary of Commerce may issue any permit or in any other way authorize any person to conduct commercial finfish aquaculture operations in the Exclusive Economic Zone of the United States (as established by Proclamation Numbered 5030, dated March 10, 1983), except in accordance with a law authorizing such action that is enacted after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr753ih/xml/BILLS-113hr753ih.xml |
113-hr-754 | I 113th CONGRESS 1st Session H. R. 754 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Agriculture A BILL To resolve title issues involving real property and equipment acquired using funds provided under the Alaska Kiln Drying Grant Program.
1. Resolution of real property and equipment title issues under Alaska kiln drying grant program (a) In general Notwithstanding part 3019 of title 7, Code of Federal Regulations (the Uniform Federal Assistance Regulations of the Department of Agriculture), title to real property and equipment acquired using funds provided by a grant under the Alaska Kiln Drying Grant Program, as described under the heading State and Private Forestry in House Reports 106–914 and 107–234, shall vest in the grant recipient in accordance with the compensation schedule specified in subsection (b) or as provided in subsection (c). (b) Compensation schedule (1) Period of application The compensation requirements of this subsection apply to a grant provided under the Alaska Kiln Drying Grant Program during the four-year period beginning on the date on which the grant was closed. (2) Compensation schedule If real property or equipment acquired using funds provided by a grant under the Alaska Kiln Drying Grant Program is no longer to be used for the purposes for which the grant was made, the grant recipient may sell, or may retain title to, the real property or equipment upon payment to the Secretary of Agriculture of compensation as follows: (A) During the first year of the four-year period, the grant recipient shall pay an amount equal to 80 percent of the proceeds of the sale, if the real property or equipment is sold, or 80 percent of the market value of the real property or equipment, if title is to be retained by the grant recipient. (B) During the second year of the four-year period, the grant recipient shall pay an amount equal to 60 percent of the proceeds of the sale, if the real property or equipment is sold, or 60 percent of the market value of the real property or equipment, if title is to be retained by the grant recipient. (C) During the third year of the four-year period, the grant recipient shall pay an amount equal to 40 percent of the proceeds of the sale, if the real property or equipment is sold, or 40 percent of the market value of the real property or equipment, if title is to be retained by the grant recipient. (D) During the final year of the four-year period, the grant recipient shall pay an amount equal to 20 percent of the proceeds of the sale, if the real property or equipment is sold, or 20 percent of the market value of the real property or equipment, if title is to be retained by the grant recipient. (c) Divestiture After the end of the four-year period beginning on the date on which a grant provided under the Alaska Kiln Drying Grant Program was closed, real property or equipment acquired using the grant funds may be retained or disposed of by the grant recipient with no further obligation to the Federal Government. | https://www.govinfo.gov/content/pkg/BILLS-113hr754ih/xml/BILLS-113hr754ih.xml |
113-hr-755 | I 113th CONGRESS 1st Session H. R. 755 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. McCaul (for himself and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To award a Congressional Gold Medal to the World War II members of the Civil Air Patrol.
1. Findings Congress makes the following findings: (1) The unpaid volunteer members of the Civil Air Patrol (hereafter in this Act referred to as the CAP ) during World War II provided extraordinary humanitarian, combat and national services during a critical time of need for the Nation. (2) During the war, CAP members used their own aircraft to perform a myriad of essential tasks for the military and the Nation within the United States including attacks on enemy submarines off the Atlantic and Gulf of Mexico coasts of the United States. (3) This extraordinary national service set the stage for the post-war CAP to become a valuable nonprofit, public service organization chartered by Congress and designated the Auxiliary of the United States Air Force that provides essential emergency, operational, and public services to communities, States, the Federal Government, and the military. (4) The CAP was established, initially as a part of the Office of Civil Defense, by air-minded citizens one week before the surprise attack on Pearl Harbor, Hawaii, on December 1, 1941, out of the desire of civil airmen of the country to be mobilized with their equipment in the common defense of the Nation. (5) Within days of the start of the war, the German Navy started a massive submarine offensive, known as Operation Drumbeat, off the east coast of the United States against oil tankers and other critical shipping that threatened the overall war effort. (6) Neither the Navy nor the Army had enough aircraft, ships, or other resources to adequately patrol and protect the shipping along the Atlantic and Gulf of Mexico coasts of the United States, and many ships were torpedoed and sunk, often within sight of civilians on shore, including 52 tankers sunk between January and March 1942. (7) At that time General George Marshall remarked that [t]he losses by submarines off our Atlantic seaboard and in the Caribbean now threaten our entire war effort . (8) From the beginning CAP leaders urged the military to use its services to patrol coastal waters but met with great resistance because of the nonmilitary status of CAP civilian pilots. (9) Finally, in response to the ever-increasing submarine attacks, the Tanker Committee of the Petroleum Industry War Council urged the Navy Department and the War Department to consider the use of the CAP to help patrol the sea lanes off the coasts of the United States. (10) While the Navy initially rejected this suggestion, the Army decided it had merit, and the Civil Air Patrol Coastal Patrol began in March 1942. (11) Oil companies and other organizations provided funds to help pay for some CAP operations, including vitally needed shore radios that were used to monitor patrol missions. (12) By late March 1942, the Navy also began to use the services of the CAP. (13) Starting with three bases located in Delaware, Florida, and New Jersey, CAP aircrews (ranging in age from 18 to over 80) immediately started to spot enemy submarines as well as lifeboats, bodies, and wreckage. (14) Within 15 minutes of starting his patrol on the first Coastal Patrol flight, a pilot had sighted a torpedoed tanker and was coordinating rescue operations. (15) Eventually 21 bases, ranging from Bar Harbor, Maine, to Brownsville, Texas, were set up for the CAP to patrol the Atlantic and Gulf of Mexico coasts of the United States, with 40,000 volunteers eventually participating. (16) The CAP used a wide range of civilian-owned aircraft, mainly light-weight, single-engine aircraft—manufactured by Cessna, Beech, Waco, Fairchild, Stinson, Piper, Taylorcraft, and Sikorsky, among others—as well as some twin engine aircraft such as the Grumman Widgeon. (17) Most of these aircraft were painted in their civilian prewar colors (red, yellow, blue, etc.) and carried special markings (a blue circle with a white triangle) to identify them as CAP aircraft. (18) Patrols were conducted up to 100 miles off shore, generally with 2 aircraft flying together, in aircraft often equipped with only a compass for navigation and a single radio for communication. (19) Due to the critical nature of the situation, CAP operations were conducted in bad weather as well as good, often when the military was unable to fly, and in all seasons including the winter, when ditching an aircraft in cold water would likely mean certain death to the aircrew. (20) Personal emergency equipment was often lacking, particularly during early patrols where inner tubes and kapok duck hunter vests were carried as flotation devices since ocean worthy wet suits, life vests, and life rafts were unavailable. (21) The initial purpose of the Coastal Patrol was to spot submarines, report their position to the military, and force them to dive below the surface, which limited their operating speed and maneuverability and reduced their ability to detect and attack shipping because attacks against shipping were conducted while the submarines were surfaced. (22) It immediately became apparent that there were opportunities for CAP pilots to attack submarines, such as when a Florida CAP aircrew came across a surfaced submarine that quickly stranded itself on a sand bar. However, the aircrew could not get any assistance from armed military aircraft before the submarine freed itself. (23) Finally, after several instances when the military could not respond in a timely manner, a decision was made by the military to arm CAP aircraft with 50- and 100-pound bombs, and to arm some larger twin-engine aircraft with 325-pound depth charges. (24) The arming of CAP aircraft dramatically changed the mission for these civilian aircrews and resulted in more than 57 attacks on enemy submarines. (25) While CAP volunteers received $8 a day flight reimbursement for cost incurred, their patrols were accomplished at a great economic cost to many CAP members who— (A) used their own aircraft and other equipment in defense of the Nation; (B) paid for much of their own aircraft maintenance and hangar use; and (C) often lived in the beginning in primitive conditions along the coast, including old barns and chicken coops converted for sleeping. (26) More importantly, the CAP Coastal Patrol service came at the high cost of 26 fatalities, 7 serious injuries, and 90 aircraft lost. (27) At the conclusion of the 18-month Coastal Patrol, the heroic CAP aircrews would be credited with the following: (A) 2 submarines possibly damaged or destroyed; (B) 57 submarines attacked; (C) 82 bombs dropped against submarines; (D) 173 radio reports of submarine positions (with a number of credited assists for kills made by military units); (E) 17 floating mines reported; (F) 36 dead bodies reported; (G) 91 vessels in distress reported; (H) 363 survivors in distress reported; (I) 836 irregularities noted; (J) 1,036 special investigations at sea or along the coast; (K) 5,684 convoy missions as aerial escorts for Navy ships; (L) 86,685 total missions flown; (M) 244,600 total flight hours logged; and (N) more than 24,000,000 total miles flown. (28) It is believed that at least one high-level German Navy Officer credited CAP as one reason that submarine attacks moved away from the United States when he concluded that [i]t was because of those damned little red and yellow planes! . (29) CAP was dismissed from coastal missions with little thanks in August 1943 when the Navy took over the mission completely and ordered CAP to stand down. (30) While the Coastal Patrol was ongoing, CAP was also establishing itself as a vital wartime service to the military, States, and communities nationwide by performing a wide range of missions including among others— (A) border patrol; (B) forest and fire patrols; (C) military courier flights for mail, repair and replacement parts, and urgent military deliveries; (D) emergency transportation of military personnel; (E) target towing (with live ammunition being fired at the targets and seven lives being lost) and searchlight tracking training missions; (F) missing aircraft and personnel searches; (G) air and ground search and rescue for missing aircraft and personnel; (H) radar and aircraft warning system training flights; (I) aerial inspections of camouflaged military and civilian facilities; (J) aerial inspections of city and town blackout conditions; (K) simulated bombing attacks on cities and facilities to test air defenses and early warning; (L) aerial searches for scrap metal materials; (M) river and lake patrols including aerial surveys for ice in the Great Lakes; (N) support of war bond drives; (O) management and guard duties at hundreds of airports; (P) support for State and local emergencies such as natural and manmade disasters; (Q) predator control; (R) rescue of livestock during floods and blizzards; (S) recruiting for the Army Air Force; (T) initial flight screening and orientation flights for potential military recruits; (U) mercy missions including the airlift of plasma to central blood banks; (V) nationwide emergency communications services; and (W) a cadet youth program which provided aviation and military training for tens of thousands. (31) The CAP flew more than 500,000 hours on these additional missions, including, for example— (A) 20,500 missions involving target towing (with live ammunition) and gun/searchlight tracking which resulted in 7 deaths, 5 serious injuries, and the loss of 25 aircraft; (B) a courier service involving 3 major Air Force Commands over a 2-year period carrying more than 3,500,000 pounds of vital cargo and 543 passengers; (C) southern border patrol flying more than 30,000 hours and reporting 7,000 unusual sightings including a vehicle (that was apprehended) with 2 enemy agents attempting to enter the country; (D) a week in February 1945 during which CAP units rescued seven missing Army and Navy pilots; and (E) a State in which the CAP flew 790 hours on forest fire patrol missions and reported 576 fires to authorities during a single year. (32) On April 29, 1943, the CAP was transferred to the Army Air Forces, thus beginning its long association with the United States Air Force. (33) Hundreds of CAP-trained women pilots joined military women’s units including the Women’s Air Force Service Pilots (WASP) program. (34) Many members of the WASP program joined or rejoined the CAP during the post-war period because it provided women opportunities to fly and continue to serve the Nation that were severely lacking elsewhere. (35) Due to the exceptional emphasis on safety, unit and pilot training and discipline, and the organization of the CAP, by the end of the war a total of only 64 CAP members had died in service and only 150 aircraft had been lost (including its Coastal Patrol losses from early in the war). (36) It is estimated that up to 100,000 civilians (including youth in its cadet program) participated in CAP in wide range of staff and operational positions and that CAP aircrews flew a total of approximately 750,000 hours during the war, most of which was in their own personal aircraft and often at risk to their lives. (37) After the war, at a CAP dinner for Congress, a quorum of both Houses attended with the Speaker of the House of Representatives and the President thanking CAP for its service. (38) While air medals were issued for some of those participating in the Coastal Patrol, little other recognition was forthcoming for the myriad of services CAP volunteers provided during the war. (39) Despite some misguided efforts to end CAP at the end of the war, the organization had proved its capabilities to the Nation and strengthened its ties with the Air Force and Congress. (40) In 1946, Congress chartered the CAP as a nonprofit, public service organization and in 1948 made CAP the Auxiliary of the United States Air Force. (41) Today the CAP conducts many of the same missions it performed during World War II, including a vital role in homeland security. (42) CAP’s wartime service was highly unusual and extraordinary due to the unpaid civilian status of its members, the use of privately-owned aircraft and personal funds by many of its members, the myriad of humanitarian and national missions flown for the Nation, and the fact that for 18 months, during a time of great need for the United States, CAP flew combat-related missions in support of military operations off the Atlantic and Gulf of Mexico coasts. 2. Congressional gold medal (a) Award (1) Authorized The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design in honor of the World War II members of the Civil Air Patrol collectively, in recognition of the military service and exemplary record of the Civil Air Patrol during World War II. (2) Design and striking For the purposes of the award referred to in paragraph (1), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (3) Smithsonian institution (A) In general Following the award of the gold medal referred to in paragraph (1) in honor of all of the World War II members of the Civil Air Patrol, the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (B) Sense of congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under this paragraph available for display elsewhere, particularly at other locations associated with the Civil Air Patrol. (b) Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. (c) National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. 3. Authorization of appropriations; proceeds of sale (a) Authorization of appropriations There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medals authorized under section 2. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 2(b) shall be deposited in the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-113hr755ih/xml/BILLS-113hr755ih.xml |
113-hr-756 | I 113th CONGRESS 1st Session H. R. 756 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. McCaul (for himself, Mr. Lipinski , Mr. Smith of Texas , Mr. Langevin , Mr. Meehan , Ms. Matsui , Mr. Hall , and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To advance cybersecurity research, development, and technical standards, and for other purposes.
1. Short title This Act may be cited as the Cybersecurity Enhancement Act of 2013 . I Research and Development 101. Definitions In this title: (1) National coordination office The term National Coordination Office means the National Coordination Office for the Networking and Information Technology Research and Development program. (2) Program The term Program means the Networking and Information Technology Research and Development program which has been established under section 101 of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511 ). 102. Findings Section 2 of the Cyber Security Research and Development Act ( 15 U.S.C. 7401 ) is amended— (1) by amending paragraph (1) to read as follows: (1) Advancements in information and communications technology have resulted in a globally interconnected network of government, commercial, scientific, and education infrastructures, including critical infrastructures for electric power, natural gas and petroleum production and distribution, telecommunications, transportation, water supply, banking and finance, and emergency and government services. ; (2) in paragraph (2), by striking Exponential increases in interconnectivity have facilitated enhanced communications, economic growth, and inserting These advancements have significantly contributed to the growth of the United States economy, ; (3) by amending paragraph (3) to read as follows: (3) The Cyberspace Policy Review published by the President in May, 2009, concluded that our information technology and communications infrastructure is vulnerable and has suffered intrusions that have allowed criminals to steal hundreds of millions of dollars and nation-states and other entities to steal intellectual property and sensitive military information . ; and (4) by amending paragraph (6) to read as follows: (6) While African-Americans, Hispanics, and Native Americans constitute 33 percent of the college-age population, members of these minorities comprise less than 20 percent of bachelor degree recipients in the field of computer sciences. . 103. Cybersecurity strategic research and development plan (a) In general Not later than 12 months after the date of enactment of this Act, the agencies identified in subsection 101(a)(3)(B)(i) through (x) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(a)(3)(B)(i) through (x)) or designated under section 101(a)(3)(B)(xi) of such Act, working through the National Science and Technology Council and with the assistance of the National Coordination Office, shall transmit to Congress a strategic plan based on an assessment of cybersecurity risk to guide the overall direction of Federal cybersecurity and information assurance research and development for information technology and networking systems. Once every 3 years after the initial strategic plan is transmitted to Congress under this section, such agencies shall prepare and transmit to Congress an update of such plan. (b) Contents of plan The strategic plan required under subsection (a) shall— (1) specify and prioritize near-term, mid-term and long-term research objectives, including objectives associated with the research areas identified in section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1) ) and how the near-term objectives complement research and development areas in which the private sector is actively engaged; (2) describe how the Program will focus on innovative, transformational technologies with the potential to enhance the security, reliability, resilience, and trustworthiness of the digital infrastructure, and to protect consumer privacy; (3) describe how the Program will foster the rapid transfer of research and development results into new cybersecurity technologies and applications for the timely benefit of society and the national interest, including through the dissemination of best practices and other outreach activities; (4) describe how the Program will establish and maintain a national research infrastructure for creating, testing, and evaluating the next generation of secure networking and information technology systems; (5) describe how the Program will facilitate access by academic researchers to the infrastructure described in paragraph (4), as well as to relevant data, including event data; and (6) describe how the Program will engage females and individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) to foster a more diverse workforce in this area. (c) Development of roadmap The agencies described in subsection (a) shall develop and annually update an implementation roadmap for the strategic plan required in this section. Such roadmap shall— (1) specify the role of each Federal agency in carrying out or sponsoring research and development to meet the research objectives of the strategic plan, including a description of how progress toward the research objectives will be evaluated; (2) specify the funding allocated to each major research objective of the strategic plan and the source of funding by agency for the current fiscal year; and (3) estimate the funding required for each major research objective of the strategic plan for the following 3 fiscal years. (d) Recommendations In developing and updating the strategic plan under subsection (a), the agencies involved shall solicit recommendations and advice from— (1) the advisory committee established under section 101(b)(1) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(b)(1) ); and (2) a wide range of stakeholders, including industry, academia, including representatives of minority serving institutions and community colleges, National Laboratories, and other relevant organizations and institutions. (e) Appending to report The implementation roadmap required under subsection (c), and its annual updates, shall be appended to the report required under section 101(a)(2)(D) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(2)(D)). 104. Social and behavioral research in cybersecurity Section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1) ) is amended— (1) by inserting and usability after to the structure ; (2) in subparagraph (H), by striking and after the semicolon; (3) in subparagraph (I), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following new subparagraph: (J) social and behavioral factors, including human-computer interactions, usability, and user motivations. . 105. National Science Foundation cybersecurity research and development programs (a) Computer and network security research areas Section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1) ) is amended— (1) in subparagraph (A) by inserting identity management, after cryptography, ; and (2) in subparagraph (I), by inserting , crimes against children, and organized crime after intellectual property . (b) Computer and network security research grants Section 4(a)(3) of such Act (15 U.S.C. 7403(a)(3)) is amended by striking subparagraphs (A) through (E) and inserting the following new subparagraphs: (A) $90,000,000 for fiscal year 2014; (B) $90,000,000 for fiscal year 2015; and (C) $90,000,000 for fiscal year 2016. . (c) Computer and network security research centers Section 4(b) of such Act (15 U.S.C. 7403(b)) is amended— (1) in paragraph (4)— (A) in subparagraph (C), by striking and after the semicolon; (B) in subparagraph (D), by striking the period and inserting ; and ; and (C) by adding at the end the following new subparagraph: (E) how the center will partner with government laboratories, for-profit entities, other institutions of higher education, or nonprofit research institutions. ; and (2) in paragraph (7) by striking subparagraphs (A) through (E) and inserting the following new subparagraphs: (A) $4,500,000 for fiscal year 2014; (B) $4,500,000 for fiscal year 2015; and (C) $4,500,000 for fiscal year 2016. . (d) Computer and network security capacity building grants Section 5(a)(6) of such Act ( 15 U.S.C. 7404(a)(6) ) is amended by striking subparagraphs (A) through (E) and inserting the following new subparagraphs: (A) $19,000,000 for fiscal year 2014; (B) $19,000,000 for fiscal year 2015; and (C) $19,000,000 for fiscal year 2016. . (e) Scientific and advanced technology act grants Section 5(b)(2) of such Act (15 U.S.C. 7404(b)(2)) is amended by striking subparagraphs (A) through (E) and inserting the following new subparagraphs: (A) $2,500,000 for fiscal year 2014; (B) $2,500,000 for fiscal year 2015; and (C) $2,500,000 for fiscal year 2016. . (f) Graduate traineeships in computer and network security Section 5(c)(7) of such Act ( 15 U.S.C. 7404(c)(7) ) is amended by striking subparagraphs (A) through (E) and inserting the following new subparagraphs: (A) $24,000,000 for fiscal year 2014; (B) $24,000,000 for fiscal year 2015; and (C) $24,000,000 for fiscal year 2016. . (g) Cyber security faculty development traineeship program Section 5(e) of such Act ( 15 U.S.C. 7404(e) ) is repealed. 106. Federal cyber scholarship for service program (a) In general The Director of the National Science Foundation shall continue a Scholarship for Service program under section 5(a) of the Cyber Security Research and Development Act ( 15 U.S.C. 7404(a) ) to recruit and train the next generation of Federal cybersecurity professionals and to increase the capacity of the higher education system to produce an information technology workforce with the skills necessary to enhance the security of the Nation’s communications and information infrastructure. (b) Characteristics of program The program under this section shall— (1) provide, through qualified institutions of higher education, scholarships that provide tuition, fees, and a competitive stipend for up to 2 years to students pursing a bachelor’s or master’s degree and up to 3 years to students pursuing a doctoral degree in a cybersecurity field; (2) provide the scholarship recipients with summer internship opportunities or other meaningful temporary appointments in the Federal information technology workforce; and (3) increase the capacity of institutions of higher education throughout all regions of the United States to produce highly qualified cybersecurity professionals, through the award of competitive, merit-reviewed grants that support such activities as— (A) faculty professional development, including technical, hands-on experiences in the private sector or government, workshops, seminars, conferences, and other professional development opportunities that will result in improved instructional capabilities; (B) institutional partnerships, including minority serving institutions and community colleges; and (C) development of cybersecurity-related courses and curricula. (c) Scholarship requirements (1) Eligibility Scholarships under this section shall be available only to students who— (A) are citizens or permanent residents of the United States; (B) are full-time students in an eligible degree program, as determined by the Director, that is focused on computer security or information assurance at an awardee institution; and (C) accept the terms of a scholarship pursuant to this section. (2) Selection Individuals shall be selected to receive scholarships primarily on the basis of academic merit, with consideration given to financial need, to the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b), and to veterans. For purposes of this paragraph, the term veteran means a person who— (A) 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 consecutive days, and who was discharged or released therefrom under conditions other than dishonorable; or (B) served on active duty (other than active duty for training) in the Armed Forces of the United States and was discharged or released from such service for a service-connected disability before serving 180 consecutive days. For purposes of subparagraph (B), the term service-connected has the meaning given such term under section 101 of title 38, United States Code. (3) Service obligation If an individual receives a scholarship under this section, as a condition of receiving such scholarship, the individual upon completion of their degree must serve as a cybersecurity professional within the Federal workforce for a period of time as provided in paragraph (5). If a scholarship recipient is not offered employment by a Federal agency or a federally funded research and development center, the service requirement can be satisfied at the Director’s discretion by— (A) serving as a cybersecurity professional in a State, local, or tribal government agency; or (B) teaching cybersecurity courses at an institution of higher education. (4) Conditions of support As a condition of acceptance of a scholarship under this section, a recipient shall agree to provide the awardee institution with annual verifiable documentation of employment and up-to-date contact information. (5) Length of service The length of service required in exchange for a scholarship under this subsection shall be 1 year more than the number of years for which the scholarship was received. (d) Failure To complete service obligation (1) General rule If an individual who has received a scholarship under this section— (A) fails to maintain an acceptable level of academic standing in the educational institution in which the individual is enrolled, as determined by the Director; (B) is dismissed from such educational institution for disciplinary reasons; (C) withdraws from the program for which the award was made before the completion of such program; (D) declares that the individual does not intend to fulfill the service obligation under this section; or (E) fails to fulfill the service obligation of the individual under this section, such individual shall be liable to the United States as provided in paragraph (3). (2) Monitoring compliance As a condition of participating in the program, a qualified institution of higher education receiving a grant under this section shall— (A) enter into an agreement with the Director of the National Science Foundation to monitor the compliance of scholarship recipients with respect to their service obligation; and (B) provide to the Director, on an annual basis, post-award employment information required under subsection (c)(4) for scholarship recipients through the completion of their service obligation. (3) Amount of repayment (A) Less than one year of service If a circumstance described in paragraph (1) occurs before the completion of 1 year of a service obligation under this section, the total amount of awards received by the individual under this section shall be repaid or such amount shall be treated as a loan to be repaid in accordance with subparagraph (C). (B) More than one year of service If a circumstance described in subparagraph (D) or (E) of paragraph (1) occurs after the completion of 1 year of a service obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall be repaid or such amount shall be treated as a loan to be repaid in accordance with subparagraph (C). (C) Repayments A loan described in subparagraph (A) or (B) shall be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a and following), and shall be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Director (in consultation with the Secretary of Education) in regulations promulgated to carry out this paragraph. (4) Collection of repayment (A) In general In the event that a scholarship recipient is required to repay the scholarship under this subsection, the institution providing the scholarship shall— (i) be responsible for determining the repayment amounts and for notifying the recipient and the Director of the amount owed; and (ii) collect such repayment amount within a period of time as determined under the agreement described in paragraph (2), or the repayment amount shall be treated as a loan in accordance with paragraph (3)(C). (B) Returned to treasury Except as provided in subparagraph (C) of this paragraph, any such repayment shall be returned to the Treasury of the United States. (C) Retain percentage An institution of higher education may retain a percentage of any repayment the institution collects under this paragraph to defray administrative costs associated with the collection. The Director shall establish a single, fixed percentage that will apply to all eligible entities. (5) Exceptions The Director may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable. (e) Hiring authority For purposes of any law or regulation governing the appointment of individuals in the Federal civil service, upon successful completion of their degree, students receiving a scholarship under this section shall be hired under the authority provided for in section 213.3102(r) of title 5, Code of Federal Regulations, and be exempted from competitive service. Upon fulfillment of the service term, such individuals shall be converted to a competitive service position without competition if the individual meets the requirements for that position. 107. Cybersecurity workforce assessment Not later than 180 days after the date of enactment of this Act the President shall transmit to the Congress a report addressing the cybersecurity workforce needs of the Federal Government. The report shall include— (1) an examination of the current state of and the projected needs of the Federal cybersecurity workforce, including a comparison of the different agencies and departments, and an analysis of the capacity of such agencies and departments to meet those needs; (2) an analysis of the sources and availability of cybersecurity talent, a comparison of the skills and expertise sought by the Federal Government and the private sector, an examination of the current and future capacity of United States institutions of higher education, including community colleges, to provide current and future cybersecurity professionals, through education and training activities, with those skills sought by the Federal Government, State and local entities, and the private sector, and a description of how successful programs are engaging the talents of females and individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b); (3) an examination of the effectiveness of the National Centers of Academic Excellence in Information Assurance Education, the Centers of Academic Excellence in Research, and the Federal Cyber Scholarship for Service programs in promoting higher education and research in cybersecurity and information assurance and in producing a growing number of professionals with the necessary cybersecurity and information assurance expertise, including individuals from States or regions in which the unemployment rate exceeds the national average; (4) an analysis of any barriers to the Federal Government recruiting and hiring cybersecurity talent, including barriers relating to compensation, the hiring process, job classification, and hiring flexibilities; and (5) recommendations for Federal policies to ensure an adequate, well-trained Federal cybersecurity workforce. 108. Cybersecurity university-industry task force (a) Establishment of university-Industry task force Not later than 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall convene a task force to explore mechanisms for carrying out collaborative research, development, education, and training activities for cybersecurity through a consortium or other appropriate entity with participants from institutions of higher education and industry. (b) Functions The task force shall— (1) develop options for a collaborative model and an organizational structure for such entity under which the joint research and development activities could be planned, managed, and conducted effectively, including mechanisms for the allocation of resources among the participants in such entity for support of such activities; (2) propose a process for developing a research and development agenda for such entity, including guidelines to ensure an appropriate scope of work focused on nationally significant challenges and requiring collaboration; (3) define the roles and responsibilities for the participants from institutions of higher education and industry in such entity; (4) propose guidelines for assigning intellectual property rights and for the transfer of research and development results to the private sector; and (5) make recommendations for how such entity could be funded from Federal, State, and nongovernmental sources. (c) Composition In establishing the task force under subsection (a), the Director of the Office of Science and Technology Policy shall appoint an equal number of individuals from institutions of higher education, including minority-serving institutions and community colleges, and from industry with knowledge and expertise in cybersecurity. (d) Report Not later than 12 months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall transmit to the Congress a report describing the findings and recommendations of the task force. (e) Termination The task force shall terminate upon transmittal of the report required under subsection (d). (f) Compensation and expenses Members of the task force shall serve without compensation. 109. Cybersecurity automation and checklists for government systems Section 8(c) of the Cyber Security Research and Development Act ( 15 U.S.C. 7406(c) ) is amended to read as follows: (c) Security automation and checklists for government systems (1) In general The Director of the National Institute of Standards and Technology shall develop, and revise as necessary, security automation standards, associated reference materials (including protocols), and checklists providing settings and option selections that minimize the security risks associated with each information technology hardware or software system and security tool that is, or is likely to become, widely used within the Federal Government in order to enable standardized and interoperable technologies, architectures, and frameworks for continuous monitoring of information security within the Federal Government. (2) Priorities for development The Director of the National Institute of Standards and Technology shall establish priorities for the development of standards, reference materials, and checklists under this subsection on the basis of— (A) the security risks associated with the use of the system; (B) the number of agencies that use a particular system or security tool; (C) the usefulness of the standards, reference materials, or checklists to Federal agencies that are users or potential users of the system; (D) the effectiveness of the associated standard, reference material, or checklist in creating or enabling continuous monitoring of information security; or (E) such other factors as the Director of the National Institute of Standards and Technology determines to be appropriate. (3) Excluded systems The Director of the National Institute of Standards and Technology may exclude from the application of paragraph (1) any information technology hardware or software system or security tool for which such Director determines that the development of a standard, reference material, or checklist is inappropriate because of the infrequency of use of the system, the obsolescence of the system, or the inutility or impracticability of developing a standard, reference material, or checklist for the system. (4) Dissemination of standards and related materials The Director of the National Institute of Standards and Technology shall ensure that Federal agencies are informed of the availability of any standard, reference material, checklist, or other item developed under this subsection. (5) Agency use requirements The development of standards, reference materials, and checklists under paragraph (1) for an information technology hardware or software system or tool does not— (A) require any Federal agency to select the specific settings or options recommended by the standard, reference material, or checklist for the system; (B) establish conditions or prerequisites for Federal agency procurement or deployment of any such system; (C) imply an endorsement of any such system by the Director of the National Institute of Standards and Technology; or (D) preclude any Federal agency from procuring or deploying other information technology hardware or software systems for which no such standard, reference material, or checklist has been developed or identified under paragraph (1). . 110. National Institute of Standards and Technology cybersecurity research and development Section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) is amended by redesignating subsection (e) as subsection (f), and by inserting after subsection (d) the following: (e) Intramural security research As part of the research activities conducted in accordance with subsection (d)(3), the Institute shall— (1) conduct a research program to develop a unifying and standardized identity, privilege, and access control management framework for the execution of a wide variety of resource protection policies and that is amenable to implementation within a wide variety of existing and emerging computing environments; (2) carry out research associated with improving the security of information systems and networks; (3) carry out research associated with improving the testing, measurement, usability, and assurance of information systems and networks; and (4) carry out research associated with improving security of industrial control systems. . II Advancement of Cybersecurity Technical Standards 201. Definitions In this title: (1) Director The term Director means the Director of the National Institute of Standards and Technology. (2) Institute The term Institute means the National Institute of Standards and Technology. 202. International cybersecurity technical standards (a) In general The Director, in coordination with appropriate Federal authorities, shall— (1) as appropriate, ensure coordination of Federal agencies engaged in the development of international technical standards related to information system security; and (2) not later than 1 year after the date of enactment of this Act, develop and transmit to the Congress a plan for ensuring such Federal agency coordination. (b) Consultation with the private sector In carrying out the activities specified in subsection (a)(1), the Director shall ensure consultation with appropriate private sector stakeholders. 203. Cloud computing strategy (a) In general The Director, in collaboration with the Federal CIO Council, and in consultation with other relevant Federal agencies and stakeholders from the private sector, shall continue to develop and encourage the implementation of a comprehensive strategy for the use and adoption of cloud computing services by the Federal Government. (b) Activities In carrying out the strategy developed under subsection (a), the Director shall give consideration to activities that— (1) accelerate the development, in collaboration with the private sector, of standards that address interoperability and portability of cloud computing services; (2) advance the development of conformance testing performed by the private sector in support of cloud computing standardization; and (3) support, in consultation with the private sector, the development of appropriate security frameworks and reference materials, and the identification of best practices, for use by Federal agencies to address security and privacy requirements to enable the use and adoption of cloud computing services, including activities— (A) to ensure the physical security of cloud computing data centers and the data stored in such centers; (B) to ensure secure access to the data stored in cloud computing data centers; (C) to develop security standards as required under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ); and (D) to support the development of the automation of continuous monitoring systems. 204. Promoting cybersecurity awareness and education (a) Program The Director, in collaboration with relevant Federal agencies, industry, educational institutions, National Laboratories, the National Coordination Office of the Networking and Information Technology Research and Development program, and other organizations, shall continue to coordinate a cybersecurity awareness and education program to increase knowledge, skills, and awareness of cybersecurity risks, consequences, and best practices through— (1) the widespread dissemination of cybersecurity technical standards and best practices identified by the Institute; (2) efforts to make cybersecurity best practices usable by individuals, small to medium-sized businesses, State, local, and tribal governments, and educational institutions; and (3) efforts to attract, recruit, and retain qualified professionals to the Federal cybersecurity workforce. (b) Strategic plan The Director shall, in cooperation with relevant Federal agencies and other stakeholders, develop and implement a strategic plan to guide Federal programs and activities in support of a comprehensive cybersecurity awareness and education program as described under subsection (a). (c) Report to congress Not later than 1 year after the date of enactment of this Act and every 5 years thereafter, the Director shall transmit the strategic plan required under subsection (b) to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 205. Identity management research and development The Director shall continue a program to support the development of technical standards, metrology, testbeds, and conformance criteria, taking into account appropriate user concerns, to— (1) improve interoperability among identity management technologies; (2) strengthen authentication methods of identity management systems; (3) improve privacy protection in identity management systems, including health information technology systems, through authentication and security protocols; and (4) improve the usability of identity management systems. 206. Authorizations No additional funds are authorized to carry out this title and the amendments made by this title or to carry out the amendments made by sections 109 and 110 of this Act. This title and the amendments made by this title and the amendments made by sections 109 and 110 of this Act shall be carried out using amounts otherwise authorized or appropriated. | https://www.govinfo.gov/content/pkg/BILLS-113hr756ih/xml/BILLS-113hr756ih.xml |
113-hr-757 | I 113th CONGRESS 1st Session H. R. 757 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Ms. McCollum (for herself, Mr. Cole , Mr. Grijalva , Mr. Simpson , Ms. Norton , and Ms. Moore ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To decrease the incidence of violent crimes against Indian women, to strengthen the capacity of Indian tribes to exercise the sovereign authority of Indian tribes to respond to violent crimes committed against Indian women, and to ensure that perpetrators of violent crimes committed against Indian women are held accountable for that criminal behavior, and for other purposes.
1. Short title This Act may be cited as the Stand Against Violence and Empower Native Women Act , or the SAVE Native Women Act . 2. Grants to Indian tribal governments Section 2015(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg–10(a) ) is amended— (1) in paragraph (2), by inserting sex trafficking, after sexual assault, ; (2) in paragraph (4), by inserting sex trafficking, after sexual assault, ; (3) in paragraph (5), by striking and stalking and all that follows and inserting sexual assault, sex trafficking, and stalking; ; (4) in paragraph (7)— (A) by inserting sex trafficking, after sexual assault, each place it appears; and (B) by striking and at the end; (5) in paragraph (8)— (A) by inserting sex trafficking, after stalking, ; and (B) by striking the period at the end and inserting a semicolon; and (6) by adding at the end the following: (9) provide services to address the needs of youth who are victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking and the needs of youth and children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the caretaker of the youth or child; and (10) develop and promote legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, sex trafficking, and stalking. . 3. Grants to Indian tribal coalitions Section 2001(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796gg(d) ) is amended to read as follows: (d) Tribal coalition grants (1) Purpose The Attorney General shall award a grant to tribal coalitions for purposes of— (A) increasing awareness of domestic violence and sexual assault against Indian women; (B) enhancing the response to violence against Indian women at the Federal, State, and tribal levels; (C) identifying and providing technical assistance to coalition membership and tribal communities to enhance access to essential services to Indian women victimized by domestic and sexual violence, including sex trafficking; and (D) assisting Indian tribes in developing and promoting State, local, and tribal legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, sex trafficking, and stalking. (2) Grants The Attorney General shall award grants on an annual basis under paragraph (1) to— (A) each tribal coalition that— (i) meets the criteria of a tribal coalition under section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ); (ii) is recognized by the Office on Violence Against Women; (iii) provides services to Indian tribes; and (iv) meets any additional criteria the Attorney General may require; and (B) organizations that propose to incorporate and operate a tribal coalition in areas where Indian tribes are located but no tribal coalition exists. (3) Use of amounts For each of fiscal years 2014 through 2018, of the amounts appropriated to carry out this subsection— (A) not more than 10 percent shall be made available to organizations described in paragraph (2)(B), provided that 1 or more organizations determined by the Attorney General to be qualified apply; and (B) not less than 90 percent shall be made available to tribal coalitions described in paragraph (2)(A), which amounts shall be distributed equally among each eligible tribal coalition for the applicable fiscal year. (4) Eligibility for other grants Receipt of an award under this subsection by a tribal coalition shall not preclude the tribal coalition from receiving additional grants under this title to carry out the purposes described in paragraph (1). (5) Multiple purpose applications Nothing in this subsection prohibits any tribal coalition or organization described in paragraph (2) from applying for funding to address sexual assault or domestic violence needs in the same application. . 4. Consultation Section 903 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 42 U.S.C. 14045d ) is amended— (1) in subsection (a)— (A) by striking and the Violence Against Women Act of 2000 and inserting , the Violence Against Women Act of 2000 ; and (B) by inserting , and the Stand Against Violence and Empower Native Women Act before the period at the end; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking Secretary of the Department of Health and Human Services and inserting Secretary of Health and Human Services, the Secretary of the Interior, ; and (B) in paragraph (2), by striking and stalking and inserting stalking, and sex trafficking ; and (3) by adding at the end the following: (c) Annual report The Attorney General shall submit to Congress an annual report on the annual consultations required under subsection (a) that— (1) contains the recommendations made under subsection (b) by Indian tribes during the year covered by the report; (2) describes actions taken during the year covered by the report to respond to recommendations made under subsection (b) during the year or a previous year; and (3) describes how the Attorney General will work in coordination and collaboration with Indian tribes, the Secretary of Health and Human Services, and the Secretary of the Interior to address the recommendations made under subsection (b). (d) Notice Not later than 120 days before the date of a consultation under subsection (a), the Attorney General shall notify tribal leaders of the date, time, and location of the consultation. . 5. Tribal jurisdiction over crimes of domestic violence Title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) (commonly known as the Indian Civil Rights Act of 1968 ) is amended by adding at the end the following: 204. Tribal jurisdiction over crimes of domestic violence (a) Definitions In this section: (1) Dating violence The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. (2) Domestic violence The term domestic violence means violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic- or family- violence laws of an Indian tribe that has jurisdiction over the Indian country where the violence occurs. (3) Indian country The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (4) Participating tribe The term participating tribe means an Indian tribe that elects to exercise special domestic violence criminal jurisdiction over the Indian country of that Indian tribe. (5) Protection order The term protection order — (A) means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and (B) includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. (6) Special domestic violence criminal jurisdiction The term special domestic violence criminal jurisdiction means the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise. (7) Spouse or intimate partner The term spouse or intimate partner has the meaning given the term in section 2266 of title 18, United States Code. (b) Nature of the criminal jurisdiction (1) In general Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed by sections 201 and 203, the powers of self-government of a participating tribe include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise special domestic violence criminal jurisdiction over all persons. (2) Concurrent jurisdiction The exercise of special domestic violence criminal jurisdiction by a participating tribe shall be concurrent with the jurisdiction of the United States, of a State, or of both. (3) Applicability Nothing in this section— (A) creates or eliminates any Federal or State criminal jurisdiction over Indian country; (B) affects the authority of the United States or any State government that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country; (C) shall apply to an Indian tribe in the State of Alaska, except with respect to the Metlakatla Indian Community, Annette Islands Reserve; or (D) shall limit, alter, expand, or diminish the civil or criminal jurisdiction of the State of Alaska or any subdivision of the State of Alaska. (c) Criminal conduct A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant for criminal conduct that falls into one or more of the following categories: (1) Domestic violence and dating violence An act of domestic violence or dating violence that occurs in the Indian country of the participating tribe. (2) Violations of protection orders An act that— (A) occurs in the Indian country of the participating tribe; and (B) violates the portion of a protection order that— (i) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; (ii) was issued against the defendant; (iii) is enforceable by the participating tribe; and (iv) is consistent with section 2265(b) of title 18, United States Code. (d) Dismissal of certain cases (1) Definition of victim In this subsection and with respect to a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction based on a criminal violation of a protection order, the term victim means a person specifically protected by a protection order that the defendant allegedly violated. (2) Non-Indian victims and defendants In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the case shall be dismissed if— (A) the defendant files a pretrial motion to dismiss on the grounds that the alleged offense did not involve an Indian; and (B) the participating tribe fails to prove that the defendant or an alleged victim is an Indian. (3) Ties to Indian tribe In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the case shall be dismissed if— (A) the defendant files a pretrial motion to dismiss on the grounds that the defendant and the alleged victim lack sufficient ties to the Indian tribe; and (B) the prosecuting tribe fails to prove that the defendant or an alleged victim— (i) resides in the Indian country of the participating tribe; (ii) is employed in the Indian country of the participating tribe; or (iii) is a spouse or intimate partner of a member of the participating tribe. (4) Waiver A knowing and voluntary failure of a defendant to file a pretrial motion described in paragraph (2) or (3) shall be considered a waiver of the right to seek a dismissal under this subsection. (e) Rights of defendants In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the participating tribe shall provide to the defendant— (1) all applicable rights under this Act; (2) if a term of imprisonment of any length is imposed, all rights described in section 202(c); and (3) all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise special domestic violence criminal jurisdiction over the defendant. (f) Petitions To stay detention (1) In general A person who has filed a petition for a writ of habeas corpus in a court of the United States under section 203 may petition that court to stay further detention of that person by the participating tribe. (2) Grant of stay A court shall grant a stay described in paragraph (1) if the court— (A) finds that there is a substantial likelihood that the habeas corpus petition will be granted; and (B) after giving each alleged victim in the matter an opportunity to be heard, finds by clear and convincing evidence that under conditions imposed by the court, the petitioner is not likely to flee or pose a danger to any person or the community if released. (g) Grants to tribal governments The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)— (1) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special domestic violence criminal jurisdiction, including— (A) law enforcement (including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases); (B) prosecution; (C) trial and appellate courts; (D) probation systems; (E) detention and correctional facilities; (F) alternative rehabilitation centers; (G) culturally appropriate services and assistance for victims and their families; and (H) criminal codes and rules of criminal procedure, appellate procedure, and evidence; (2) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes a crime of domestic violence or dating violence or a criminal violation of a protection order; (3) to ensure that, in criminal proceedings in which a participating tribe exercises special domestic violence criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and (4) to accord victims of domestic violence, dating violence, and violations of protection orders rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with tribal law and custom. (h) Supplement, not supplant Amounts made available under this section shall supplement and not supplant any other Federal, State, tribal, or local government amounts made available to carry out activities described in this section. (i) Authorization of appropriations There are authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018 to carry out subsection (g) and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes. . 6. Tribal protection orders Section 2265 of title 18, United States Code, is amended by striking subsection (e) and inserting the following: (e) Tribal court jurisdiction (1) In general Except as provided in paragraph (2), for purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce protection orders involving any person, including the authority to enforce any orders through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country of the Indian tribe (as defined in section 1151) or otherwise within the authority of the Indian tribe. (2) Applicability Paragraph (1)— (A) shall not apply to an Indian tribe in the State of Alaska, except with respect to the Metlakatla Indian Community, Annette Islands Reserve; and (B) shall not limit, alter, expand, or diminish the civil or criminal jurisdiction of the State of Alaska or any subdivision of the State of Alaska. . 7. Amendments to the Federal assault statute (a) In general Section 113 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) Assault with intent to commit murder or a violation of section 2241 or 2242, by a fine under this title, imprisonment for not more than 20 years, or both. ; (B) in paragraph (2), by striking felony under chapter 109A and inserting violation of section 2241 or 2242 ; (C) in paragraph (3) by striking and without just cause or excuse, ; (D) in paragraph (4), by striking six months and inserting 1 year ; (E) in paragraph (7)— (i) by striking substantial bodily injury to an individual who has not attained the age of 16 years and inserting substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years ; and (ii) by striking fine and inserting a fine ; and (F) by adding at the end the following: (8) Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both. ; and (2) in subsection (b)— (A) by striking (b) As used in this subsection— and inserting the following: (b) Definitions In this section— ; (B) in paragraph (1)(B), by striking and at the end; (C) in paragraph (2), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (3) the terms dating partner and spouse or intimate partner have the meanings given those terms in section 2266; (4) the term strangling means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and (5) the term suffocating means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim. . (b) Indian major crimes Section 1153(a) of title 18, United States Code, is amended by striking assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as defined in section 1365 of this title) and inserting a felony assault under section 113 . (c) Repeat offenders Section 2265A(b)(1)(B) of title 18, United States Code, is amended by inserting or tribal after State . 8. Analysis and research on violence against Indian women (a) In general Section 904(a) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 42 U.S.C. 3796gg–10 note) is amended— (1) in paragraph (1)— (A) by striking The National and inserting Not later than 2 years after the date of enactment of the Stand Against Violence and Empower Native Women Act , the National ; and (B) by inserting and in Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )), and Native Hawaiian women before the period at the end; (2) in paragraph (2)(A)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (vi) sex trafficking. ; (3) in paragraph (4), by striking this Act and inserting the Stand Against Violence and Empower Native Women Act ; and (4) in paragraph (5), by striking this section $1,000,000 for each of fiscal years 2007 and 2008 and inserting this subsection $1,000,000 for each of fiscal years 2014 and 2015 . (b) Authorization of appropriations Section 905(b)(2) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 28 U.S.C. 534 note) is amended by striking fiscal years 2007 through 2011 and inserting fiscal years 2014 through 2018 . 9. Indian law and order commission Section 15(f) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2812(f) ) is amended by striking 2 years and inserting 3 years . 10. Report on Alaska Rural Justice and Law Enforcement Commission The Attorney General, after consultation with the Attorney General of the State of Alaska, the Commissioner of Public Safety of the State of Alaska, the Alaska Federation of Natives, and federally recognized Indian tribes in the State of Alaska, shall report to Congress not later than one year after enactment of this Act with respect to whether the Alaska Rural Justice and Law Enforcement Commission established under section 112(a)(1) of the Consolidated Appropriations Act, 2004 should be continued and whether appropriations should be authorized for the continued work of the commission. The report may contain recommendations for legislation with respect to the scope of the work and composition of the commission. 11. Grants to encourage arrest policies and enforcement of protection orders (a) In general Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended— (1) in section 2101 ( 42 U.S.C. 3796hh )— (A) in subsection (b)— (i) in the matter preceding paragraph (1), by striking States, and all that follows through units of local government and inserting grantees ; (ii) in paragraph (1), by inserting and enforcement of protection orders across State and tribal lines before the period; (iii) in paragraph (2), by striking and training in police departments to improve tracking of cases and inserting data collection systems, and training in police departments to improve tracking of cases and classification of complaints ; (iv) in paragraph (4), by inserting and provide the appropriate training and education about domestic violence, dating violence, sexual assault, and stalking after computer tracking systems ; (v) in paragraph (5), by inserting and other victim services after legal advocacy service programs ; (vi) in paragraph (6), by striking judges and inserting Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel ; (vii) in paragraph (8), by striking and sexual assault and inserting dating violence, sexual assault, and stalking ; (viii) in paragraph (10), by striking non-profit, non-governmental victim services organizations, and inserting victim service providers, staff from population specific organizations, ; and (ix) by adding at the end the following: (14) To develop and implement training programs for prosecutors and other prosecution-related personnel regarding best practices to ensure offender accountability, victim safety, and victim consultation in cases involving domestic violence, dating violence, sexual assault, and stalking. (15) To develop or strengthen policies, protocols, and training for law enforcement, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against immigrant victims, including the appropriate use of applications for nonimmigrant status under subparagraphs (T) and (U) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ). (16) To develop and promote State, local, or tribal legislation and policies that enhance best practices for responding to the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate treatment of victims. (17) To develop, implement, or enhance sexual assault nurse examiner programs or sexual assault forensic examiner programs, including the hiring and training of such examiners. (18) To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault. (19) To develop and strengthen policies, protocols, and training for law enforcement officers and prosecutors regarding the investigation and prosecution of sexual assault cases and the appropriate treatment of victims. (20) To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault. (21) To identify and inventory backlogs of sexual assault evidence collection kits and to develop protocols for responding to and addressing such backlogs, including policies and protocols for notifying and involving victims. (22) To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by— (A) using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services; (B) identifying and managing high-risk offenders; and (C) providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance. ; (B) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by inserting except for a court, before certify ; and (II) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly; (ii) in paragraph (2), by inserting except for a court, before demonstrate ; (iii) in paragraph (3)— (I) by striking spouses each place it appears and inserting parties ; and (II) by striking spouse and inserting party ; (iv) in paragraph (4)— (I) by inserting , dating violence, sexual assault, or stalking after felony domestic violence ; (II) by inserting modification, enforcement, dismissal, withdrawal, after registration, each place it appears; (III) by inserting dating violence, after victim of domestic violence, ; and (IV) by striking and at the end; (v) in paragraph (5)— (I) in the matter preceding subparagraph (A), by striking , not later than 3 years after January 5, 2006 ; (II) by inserting , trial of, or sentencing for after investigation of each place it appears; (III) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly; (IV) in clause (ii), as redesignated by subclause (III) of this clause, by striking subparagraph (A) and inserting clause (i) ; and (V) by striking the period at the end and inserting ; and ; (vi) by redesignating paragraphs (1) through (5), as amended by this subparagraph, as subparagraphs (A) through (E), respectively; (vii) in the matter preceding subparagraph (A), as redesignated by clause (v) of this subparagraph— (I) by striking the comma that immediately follows another comma; and (II) by striking grantees are States and inserting the following: “grantees are— (1) States ; and (viii) by adding at the end the following: (2) a State, tribal, or territorial domestic violence or sexual assault coalition or a victim service provider that partners with a State, Indian tribal government, or unit of local government that certifies that the State, Indian tribal government, or unit of local government meets the requirements under paragraph (1). ; (C) in subsection (d)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by inserting , policy, after law ; and (II) in subparagraph (A), by inserting and the defendant is in custody or has been served with the information or indictment before the semicolon; and (ii) in paragraph (2), by striking it and inserting its ; and (D) by adding at the end the following: (f) Allocation for tribal coalitions Of the amounts appropriated for purposes of this part for each fiscal year, not less than 5 percent shall be available for grants under section 2001(d) ( 42 U.S.C. 3796gg(d) ). (g) Allocation for sexual assault Of the amounts appropriated for purposes of this part for each fiscal year, not less than 25 percent shall be available for projects that address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship. ; and (2) in section 2102(a) ( 42 U.S.C. 3796hh–1(a) )— (A) in paragraph (1), by inserting court, after tribal government, ; and (B) in paragraph (4), by striking nonprofit, private sexual assault and domestic violence programs and inserting victim service providers and, as appropriate, population specific organizations . (b) Authorization of appropriations Section 1001(a)(19) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a)(19) ) is amended— (1) by striking $75,000,000 and all that follows through 2011. and inserting $73,000,000 for each of fiscal years 2014 through 2018. ; and (2) by striking the period that immediately follows another period. 12. Effective dates; pilot project (a) General effective date Except as provided in subsections (b) and (c), the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Effective date for special domestic violence criminal jurisdiction (1) In general Except as provided in paragraph (2) , subsections (b) through (e) of section 204 of Public Law 90–284 (as added by section 5 ) shall take effect on the date that is 2 years after the date of enactment of this Act. (2) Pilot project (A) In general At any time during the 2-year period beginning on the date of enactment of this Act, an Indian tribe may ask the Attorney General to designate the tribe as a participating tribe under section 204(a) of Public Law 90–284 on an accelerated basis. (B) Procedure The Attorney General may grant a request under subparagraph (A) after coordinating with the Secretary of the Interior, consulting with affected Indian tribes, and concluding that the criminal justice system of the requesting tribe has adequate safeguards in place to protect defendants’ rights, consistent with section 204 of Public Law 90–284 . (C) Effective dates for pilot projects An Indian tribe designated as a participating tribe under this paragraph may commence exercising special domestic violence criminal jurisdiction pursuant to subsections (b) through (e) of section 204 of Public Law 90–284 on a date established by the Attorney General, after consultation with that Indian tribe, but in no event later than the date that is 2 years after the date of enactment of this Act. (c) Effective date for grant program amendments The provisions of sections 2, 3, and 11 of this Act shall not take effect until the beginning of the first fiscal year beginning after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr757ih/xml/BILLS-113hr757ih.xml |
113-hr-758 | I 113th CONGRESS 1st Session H. R. 758 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Stewart (for himself, Mr. Bishop of Utah , Mr. Chaffetz , Mr. Jones , Mr. Cramer , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit the further extension or establishment of national monuments in Utah except by express authorization of Congress.
1. Short title This Act may be cited as the Utah Land Sovereignty Act . 2. Limitation on further extension or establishment of national monuments in Utah The proviso of the last sentence of the first section of the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 U.S.C. 431a ), is amended by inserting or Utah after Wyoming . | https://www.govinfo.gov/content/pkg/BILLS-113hr758ih/xml/BILLS-113hr758ih.xml |
113-hr-759 | I 113th CONGRESS 1st Session H. R. 759 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Alexander (for himself and Mr. Schock ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide that a certain proposed rule published by the Office of Federal Contract Compliance Programs shall have no force or effect unless the Department of Labor is first certified to be in compliance with such rule.
1. Short title This Act may be cited as the Equal Standards in Hiring Americans Act . 2. Proposed rule The proposed rule published by the Office of Federal Contract Compliance Programs of the Department of Labor in the Federal Register on December 9, 2011 (76 Fed. Reg. 77056 et seq.) and any subsequent rule that is substantially the same shall have no force or effect, unless the Secretary of Labor certifies to Congress that each office and division within the Department of Labor is complying with the requirements of such rule. | https://www.govinfo.gov/content/pkg/BILLS-113hr759ih/xml/BILLS-113hr759ih.xml |
113-hr-760 | I 113th CONGRESS 1st Session H. R. 760 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Amash introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 2 of title I of the United States Code to establish the style for amending laws.
1. Short title This Act may be cited as the Readable Legislation Act of 2013 . 2. Amending laws Chapter 2 of title 1 of the United States Code is amended by adding at the end the following new section: 115. Amending laws No Act shall be revised or amended by mere reference to it. Every bill or joint resolution which amends an existing section, subsection, or other subdivision of any Act shall set forth the section, subsection, or other subdivision sufficiently to enable the intent and effect of the bill or joint resolution to be clearly understood. Omissions and insertions proposed shall be shown by appropriate typographical devices. . 3. Conforming amendment The table of sections at the beginning of chapter 2 of title 1 of the United States Code is amended by adding after the item relating to section 114 the following new item: 115. Amending laws. . 4. Effective date This Act and the amendments made by it shall take effect on January 3, 2015. | https://www.govinfo.gov/content/pkg/BILLS-113hr760ih/xml/BILLS-113hr760ih.xml |
113-hr-761 | I 113th CONGRESS 1st Session H. R. 761 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Amodei (for himself, Mr. Gosar , Mr. Lamborn , Mr. Bishop of Utah , Mr. Jones , Mr. Walberg , Mr. Franks of Arizona , Mr. Heck of Nevada , Mr. Tipton , Mr. Walden , Mr. Stivers , Mr. Johnson of Ohio , Mr. Latta , Mr. Young of Alaska , Mr. Conaway , Mr. Benishek , Mr. Daines , Mr. Gardner , Mr. Schweikert , Mr. Matheson , Mr. Bishop of Georgia , Mr. Labrador , Mr. Stewart , Mr. Chaffetz , Mr. Salmon , Mr. Simpson , Mr. Gohmert , Mr. Pearce , and Mr. Luetkemeyer ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of the Interior and the Secretary of Agriculture to more efficiently develop domestic sources of the minerals and mineral materials of strategic and critical importance to United States economic and national security and manufacturing competitiveness.
1. Short title This Act may be cited as the National Strategic and Critical Minerals Production Act of 2013 . 2. Findings Congress finds the following: (1) The industrialization of China and India has driven demand for nonfuel mineral commodities, sparking a period of resource nationalism exemplified by China’s reduction in exports of rare-earth elements necessary for telecommunications, military technologies, healthcare technologies, and conventional and renewable energy technologies. (2) The availability of minerals and mineral materials are essential for economic growth, national security, technological innovation, and the manufacturing and agricultural supply chain. (3) The exploration, production, processing, use, and recycling of minerals contribute significantly to the economic well-being, security and general welfare of the Nation. (4) The United States has vast mineral resources, but is becoming increasingly dependent upon foreign sources of these mineral materials, as demonstrated by the following: (A) Twenty-five years ago the United States was dependent on foreign sources for 30 nonfuel mineral materials, 6 of which the United States imported 100 percent of the Nation’s requirements, and for another 16 commodities the United States imported more than 60 percent of the Nation’s needs. (B) By 2011 the United States import dependence for nonfuel mineral materials had more than doubled from 30 to 67 commodities, 19 of which the United States imported 100 percent of the Nation’s requirements, and for another 24 commodities, imported more than 50 percent of the Nation’s needs. (C) The United States share of worldwide mineral exploration dollars was 8 percent in 2011, down from 19 percent in the early 1990s. (D) In the 2012 Ranking of Countries for Mining Investment, out of 25 major mining countries, the United States ranked last with Papua New Guinea in permitting delays, and towards the bottom regarding government take and social issues affecting mining. 3. Definitions In this Act: (1) Strategic and critical minerals The term strategic and critical minerals means minerals that are necessary— (A) for national defense and national security requirements; (B) for the Nation’s energy infrastructure, including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production; (C) to support domestic manufacturing, agriculture, housing, telecommunications, healthcare, and transportation infrastructure; and (D) for the Nation’s economic security and balance of trade. (2) Agency The term agency means any agency, department, or other unit of Federal, State, local, or tribal government, or Alaska Native Corporation. (3) mineral exploration or mine permit The term mineral exploration or mine permit includes plans of operation issued by the Bureau of Land Management and the Forest Service pursuant to 43 C.F.R. 3809 and 36 C.F.R. 228A, respectively. I Development of Domestic Sources of Strategic and Critical Minerals 101. Improving development of strategic and critical minerals Domestic mines that will provide strategic and critical minerals shall be considered an infrastructure project as described in Presidential Order Improving Performance of Federal Permitting and Review of Infrastructure Projects dated March 22, 2012. 102. Responsibilities of the lead agency (a) In general The lead agency with responsibility for issuing a mineral exploration or mine permit shall appoint a project lead who shall coordinate and consult with other agencies, cooperating agencies, project proponents and contractors to ensure that agencies minimize delays, set and adhere to timelines and schedules for completion of reviews, set clear permitting goals and track progress against those goals. (b) Determination under NEPA The lead agency with responsibility for issuing a mineral exploration or mine permit shall determine any such action would not constitute a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 if the procedural and substantive safeguards of the lead agency’s permitting process alone, any applicable State permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account. (c) coordination on permitting and review The lead agency with responsibility for issuing a mineral exploration or mine permit shall enhance government coordination on permitting and review by avoiding duplicative reviews, minimizing paperwork and engaging other agencies and stakeholders early in the process. The lead agency shall consider the following best practices: (1) Deferring to and relying upon baseline data, analysis and reviews preformed by State agencies with jurisdiction over the proposed project. (2) Conducting reviews concurrently rather than sequentially to the extent practicable and when such concurrent review will expedite rather than delay a decision. (d) time limits for permit review process At the request of a project proponent, the project lead of the agency with responsibility for issuing a mineral exploration or mine permit shall enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permit review process including the following: (1) The decision on whether to prepare a document required under the National Environmental Policy Act of 1969. (2) A determination of the scope of any document required under the National Environmental Policy Act of 1969. (3) The scope of and schedule for the baseline studies required to prepare a document required under the National Environmental Policy Act of 1969. (4) Preparation of any draft document required under the National Environmental Policy Act of 1969. (5) Preparation of a final document required under the National Environmental Policy Act of 1969. (6) Consultations required under applicable laws. (7) Submission and review of any comments required under applicable law. (8) Publication of any public notices required under applicable law. (9) A final or any interim decisions. (e) Time limit for total review process In no case should the total review process described in subsection (d) exceed 30 months unless agreed to by the signatories of the agreement. (f) Limitation on addressing public comments The lead agency is not required to address agency or public comments that were not submitted during the public comment periods provided by the lead agency or otherwise required by law. (g) Financial assurance The lead agency will determine the amount of financial assurance for reclamation of a mineral exploration or mining site, which must cover the estimated cost if the lead agency were to contract with a third party to reclaim the operations according to the reclamation plan, including construction and maintenance costs for any treatment facilities necessary to meet Federal, State or tribal environmental standards. (h) Application to existing permit applications This section shall apply with respect to a mineral exploration or mine permit for which an application was submitted before the date of the enactment of this Act if the applicant for the permit submits a written request to the lead agency for the permit. The lead agency shall begin implementing this section with respect to such application within 30 days after receiving such written request. (i) Strategic and critical materials within National Forests With respect to strategic and critical materials within a federally administered unit of the National Forest System, the lead agency shall— (1) exempt all areas of identified mineral resources in Land Use Designations, other than Non-Development Land Use Designations, in existence as of the date of the enactment of this Act from the procedures detailed at and all rules promulgated under part 294 of title 36, Code for Federal Regulations; (2) apply such exemption to all additional routes and areas that the lead agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of identified mineral resources described in paragraph (1); and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit of the National Forest System. 103. Conservation of the resource In developing the mineral exploration or mine permit, the priority of the lead agency shall be to maximize the development of the mineral resource, while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place. 104. Federal register process for mineral exploration and mining projects (a) Preparation of Federal Notices for Mineral Exploration and Mine Development Projects The preparation of Federal Register notices required by law associated with the issuance of a mineral exploration or mine permit shall be delegated to the organization level within the agency responsible for issuing the mineral exploration or mine permit. All Federal Register notices regarding official document availability, announcements of meetings, or notices of intent to undertake an action shall be originated and transmitted to the Federal Register from the office where documents are held, meetings are held, or the activity is initiated. (b) Departmental Review of Federal Register Notices for Mineral Exploration and Mining Projects Absent any extraordinary circumstance or except as otherwise required by any Act of Congress, each Federal Register notice described in subsection (a) shall undergo any required reviews within the Department of the Interior or the Department of Agriculture and be published in its final form in the Federal Register no later than 30 days after its initial preparation. II Judicial review of agency actions relating to Exploration and Mine Permits 201. Definitions for title In this title the term covered civil action means a civil action against the Federal Government containing a claim under section 702 of title 5, United States Code, regarding agency action affecting a mineral exploration or mine permit. 202. Timely filings A covered civil action is barred unless filed no later than the end of the 60-day period beginning on the date of the final Federal agency action to which it relates. 203. Right to intervene The holder of any mineral exploration or mine permit may intervene as of right in any covered civil action by a person affecting rights or obligations of the permit holder under the permit. 204. Expedition in hearing and determining the action The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. 205. Limitation on prospective relief In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. 206. Limitation on attorneys’ fees Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys’ fees, expenses, and other court costs. | https://www.govinfo.gov/content/pkg/BILLS-113hr761ih/xml/BILLS-113hr761ih.xml |
113-hr-762 | I 113th CONGRESS 1st Session H. R. 762 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mrs. Blackburn (for herself, Mr. Guthrie , Mr. Roe of Tennessee , Mr. Scalise , Mr. Kinzinger of Illinois , Mr. Boustany , Mr. Hall , Mr. Harper , Mr. McClintock , Mrs. Capito , Mr. Long , Mr. Gingrey of Georgia , Mr. DesJarlais , Mr. Fleischmann , and Mr. Shimkus ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal title I of the Patient Protection and Affordable Care Act and to amend the Public Health Service Act to provide for cooperative governing of individual health insurance coverage offered in interstate commerce.
1. Short title This Act may be cited as Health Care Choice Act of 2013 . 2. Specification of constitutional authority for enactment of law This Act is enacted pursuant to the power granted Congress under article I, section 8, clause 3, of the United States Constitution. 3. Findings Congress finds the following: (1) The application of numerous and significant variations in State law and the implementation of the Patient Protection and Affordable Care Act impacts the ability of insurers to offer, and individuals to obtain, affordable individual health insurance coverage, thereby impeding commerce in individual health insurance coverage. (2) Mandates for health care coverage established by title I of the Patient Protection and Affordable Care Act will significantly elevate health insurance costs beyond State and Federal ability to pay. (3) Individual health insurance coverage is increasingly offered through the Internet, other electronic means, and by mail, all of which are inherently part of interstate commerce. (4) In response to these issues, it is appropriate to encourage increased efficiency in the offering of individual health insurance coverage through a collaborative approach by the States in regulating this coverage. (5) The establishment of risk-retention groups has provided a successful model for the sale of insurance across State lines, as the acts establishing those groups allow insurance to be sold in multiple States but regulated by a single State. 4. Repeal of title I of PPACA Effective as of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I of such Act is repealed (and any amendments to such title, or to amendments made by such title, made by the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ) are repealed), and the provisions of law amended or repealed by such title (or amendments) are restored or revived as if such title (and amendments) had not been enacted. 5. Cooperative governing of individual health insurance coverage (a) In General Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by adding at the end the following new part: D Cooperative Governing of Individual Health Insurance Coverage 2795. Definitions In this part: (1) Primary state The term primary State means, with respect to individual health insurance coverage offered by a health insurance issuer, the State designated by the issuer as the State whose covered laws shall govern the health insurance issuer in the sale of such coverage under this part. An issuer, with respect to a particular policy, may only designate one such State as its primary State with respect to all such coverage it offers. Such an issuer may not change the designated primary State with respect to individual health insurance coverage once the policy is issued, except that such a change may be made upon renewal of the policy. With respect to such designated State, the issuer is deemed to be doing business in that State. (2) Secondary state The term secondary State means, with respect to individual health insurance coverage offered by a health insurance issuer, any State that is not the primary State. In the case of a health insurance issuer that is selling a policy in, or to a resident of, a secondary State, the issuer is deemed to be doing business in that secondary State. (3) Health insurance issuer The term health insurance issuer has the meaning given such term in section 2791(b)(2), except that such an issuer must be licensed in the primary State and be qualified to sell individual health insurance coverage in that State. (4) Individual health insurance coverage The term individual health insurance coverage means health insurance coverage offered in the individual market, as defined in section 2791(e)(1). (5) Applicable state authority The term applicable State authority means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this title for the State with respect to the issuer. (6) Hazardous financial condition The term hazardous financial condition means that, based on its present or reasonably anticipated financial condition, a health insurance issuer is unlikely to be able— (A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or (B) to pay other obligations in the normal course of business. (7) Covered laws (A) In general The term covered laws means the laws, rules, regulations, agreements, and orders governing the insurance business pertaining to— (i) individual health insurance coverage issued by a health insurance issuer; (ii) the offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage to an individual; (iii) the provision to an individual in relation to individual health insurance coverage of health care and insurance related services; (iv) the provision to an individual in relation to individual health insurance coverage of management, operations, and investment activities of a health insurance issuer; and (v) the provision to an individual in relation to individual health insurance coverage of loss control and claims administration for a health insurance issuer with respect to liability for which the issuer provides insurance. (B) Exception Such term does not include any law, rule, regulation, agreement, or order governing the use of care or cost management techniques, including any requirement related to provider contracting, network access or adequacy, health care data collection, or quality assurance. (8) State The term State means the 50 States and includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (9) Unfair claims settlement practices The term unfair claims settlement practices means only the following practices: (A) Knowingly misrepresenting to claimants and insured individuals relevant facts or policy provisions relating to coverage at issue. (B) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under policies. (C) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under policies. (D) Failing to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear. (E) Refusing to pay claims without conducting a reasonable investigation. (F) Failing to affirm or deny coverage of claims within a reasonable period of time after having completed an investigation related to those claims. (G) A pattern or practice of compelling insured individuals or their beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them. (H) A pattern or practice of attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured individual or his or her beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application. (I) Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured. (J) Failing to provide forms necessary to present claims within 15 calendar days of a requests with reasonable explanations regarding their use. (K) Attempting to cancel a policy in less time than that prescribed in the policy or by the law of the primary State. (10) Fraud and abuse The term fraud and abuse means an act or omission committed by a person who, knowingly and with intent to defraud, commits, or conceals any material information concerning, one or more of the following: (A) Presenting, causing to be presented or preparing with knowledge or belief that it will be presented to or by an insurer, a reinsurer, broker or its agent, false information as part of, in support of or concerning a fact material to one or more of the following: (i) An application for the issuance or renewal of an insurance policy or reinsurance contract. (ii) The rating of an insurance policy or reinsurance contract. (iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract. (iv) Premiums paid on an insurance policy or reinsurance contract. (v) Payments made in accordance with the terms of an insurance policy or reinsurance contract. (vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction. (vii) The financial condition of an insurer or reinsurer. (viii) The formation, acquisition, merger, reconsolidation, dissolution or withdrawal from one or more lines of insurance or reinsurance in all or part of a State by an insurer or reinsurer. (ix) The issuance of written evidence of insurance. (x) The reinstatement of an insurance policy. (B) Solicitation or acceptance of new or renewal insurance risks on behalf of an insurer reinsurer or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction. (C) Transaction of the business of insurance in violation of laws requiring a license, certificate of authority or other legal authority for the transaction of the business of insurance. (D) Attempt to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions specified in this paragraph. 2796. Application of law (a) In General The covered laws of the primary State shall apply to individual health insurance coverage offered by a health insurance issuer in the primary State and in any secondary State, but only if the coverage and issuer comply with the conditions of this section with respect to the offering of coverage in any secondary State. (b) Exemptions From Covered Laws in a Secondary State Except as provided in this section, a health insurance issuer with respect to its offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage in any secondary State is exempt from any covered laws of the secondary State (and any rules, regulations, agreements, or orders sought or issued by such State under or related to such covered laws) to the extent that such laws would— (1) make unlawful, or regulate, directly or indirectly, the operation of the health insurance issuer operating in the secondary State, except that any secondary State may require such an issuer— (A) to pay, on a nondiscriminatory basis, applicable premium and other taxes (including high risk pool assessments) which are levied on insurers and surplus lines insurers, brokers, or policyholders under the laws of the State; (B) to register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process; (C) to submit to an examination of its financial condition by the State insurance commissioner in any State in which the issuer is doing business to determine the issuer’s financial condition, if— (i) the State insurance commissioner of the primary State has not done an examination within the period recommended by the National Association of Insurance Commissioners; and (ii) any such examination is conducted in accordance with the examiners’ handbook of the National Association of Insurance Commissioners and is coordinated to avoid unjustified duplication and unjustified repetition; (D) to comply with a lawful order issued— (i) in a delinquency proceeding commenced by the State insurance commissioner if there has been a finding of financial impairment under subparagraph (C); or (ii) in a voluntary dissolution proceeding; (E) to comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance commissioner alleging that the issuer is in hazardous financial condition; (F) to participate, on a nondiscriminatory basis, in any insurance insolvency guaranty association or similar association to which a health insurance issuer in the State is required to belong; (G) to comply with any State law regarding fraud and abuse (as defined in section 2795(10)), except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction; (H) to comply with any State law regarding unfair claims settlement practices (as defined in section 2795(9)); or (I) to comply with the applicable requirements for independent review under section 2798 with respect to coverage offered in the State; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an insurance agent or broker residing in that Secondary State; or (3) otherwise discriminate against the issuer issuing insurance in both the primary State and in any secondary State. (c) Clear and Conspicuous Disclosure A health insurance issuer shall provide the following notice, in 12-point bold type, in any insurance coverage offered in a secondary State under this part by such a health insurance issuer and at renewal of the policy, with the 5 blank spaces therein being appropriately filled with the name of the health insurance issuer, the name of primary State, the name of the secondary State, the name of the secondary State, and the name of the secondary State, respectively, for the coverage concerned: Notice This policy is issued by _____ and is governed by the laws and regulations of the State of _____, and it has met all the laws of that State as determined by that State’s Department of Insurance. This policy may be less expensive than others because it is not subject to all of the insurance laws and regulations of the State of _____, including coverage of some services or benefits mandated by the law of the State of _____. Additionally, this policy is not subject to all of the consumer protection laws or restrictions on rate changes of the State of _____. As with all insurance products, before purchasing this policy, you should carefully review the policy and determine what health care services the policy covers and what benefits it provides, including any exclusions, limitations, or conditions for such services or benefits. . (d) Prohibition on Certain Reclassifications and Premium Increases (1) In general For purposes of this section, a health insurance issuer that provides individual health insurance coverage to an individual under this part in a primary or secondary State may not upon renewal— (A) move or reclassify the individual insured under the health insurance coverage from the class such individual is in at the time of issue of the contract based on the health-status related factors of the individual; or (B) increase the premiums assessed the individual for such coverage based on a health status-related factor or change of a health status-related factor or the past or prospective claim experience of the insured individual. (2) Construction Nothing in paragraph (1) shall be construed to prohibit a health insurance issuer— (A) from terminating or discontinuing coverage or a class of coverage in accordance with subsections (b) and (c) of section 2742; (B) from raising premium rates for all policy holders within a class based on claims experience; (C) from changing premiums or offering discounted premiums to individuals who engage in wellness activities at intervals prescribed by the issuer, if such premium changes or incentives— (i) are disclosed to the consumer in the insurance contract; (ii) are based on specific wellness activities that are not applicable to all individuals; and (iii) are not obtainable by all individuals to whom coverage is offered; (D) from reinstating lapsed coverage; or (E) from retroactively adjusting the rates charged an insured individual if the initial rates were set based on material misrepresentation by the individual at the time of issue. (e) Prior Offering of Policy in Primary State A health insurance issuer may not offer for sale individual health insurance coverage in a secondary State unless that coverage is currently offered for sale in the primary State. (f) Licensing of Agents or Brokers for Health Insurance Issuers Any State may require that a person acting, or offering to act, as an agent or broker for a health insurance issuer with respect to the offering of individual health insurance coverage obtain a license from that State, with commissions or other compensation subject to the provisions of the laws of that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. (g) Documents for Submission to State Insurance Commissioner Each health insurance issuer issuing individual health insurance coverage in both primary and secondary States shall submit— (1) to the insurance commissioner of each State in which it intends to offer such coverage, before it may offer individual health insurance coverage in such State— (A) a copy of the plan of operation or feasibility study or any similar statement of the policy being offered and its coverage (which shall include the name of its primary State and its principal place of business); (B) written notice of any change in its designation of its primary State; and (C) written notice from the issuer of the issuer’s compliance with all the laws of the primary State; and (2) to the insurance commissioner of each secondary State in which it offers individual health insurance coverage, a copy of the issuer’s quarterly financial statement submitted to the primary State, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by— (A) a member of the American Academy of Actuaries; or (B) a qualified loss reserve specialist. (h) Power of Courts To Enjoin Conduct Nothing in this section shall be construed to affect the authority of any Federal or State court to enjoin— (1) the solicitation or sale of individual health insurance coverage by a health insurance issuer to any person or group who is not eligible for such insurance; or (2) the solicitation or sale of individual health insurance coverage that violates the requirements of the law of a secondary State which are described in subparagraphs (A) through (H) of section 2796(b)(1). (i) Power of Secondary States To Take Administrative Action Nothing in this section shall be construed to affect the authority of any State to enjoin conduct in violation of that State’s laws described in section 2796(b)(1). (j) State Powers To Enforce State Laws (1) In general Subject to the provisions of subsection (b)(1)(G) (relating to injunctions) and paragraph (2), nothing in this section shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a health insurance issuer is not exempt under subsection (b). (2) Courts of competent jurisdiction If a State seeks an injunction regarding the conduct described in paragraphs (1) and (2) of subsection (h), such injunction must be obtained from a Federal or State court of competent jurisdiction. (k) States’ Authority To Sue Nothing in this section shall affect the authority of any State to bring action in any Federal or State court. (l) Generally Applicable Laws Nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations. (m) Guaranteed Availability of Coverage to HIPAA Eligible Individuals To the extent that a health insurance issuer is offering coverage in a primary State that does not accommodate residents of secondary States or does not provide a working mechanism for residents of a secondary State, and the issuer is offering coverage under this part in such secondary State which has not adopted a qualified high risk pool as its acceptable alternative mechanism (as defined in section 2744(c)(2)), the issuer shall, with respect to any individual health insurance coverage offered in a secondary State under this part, comply with the guaranteed availability requirements for eligible individuals in section 2741. 2797. Primary State must meet Federal floor before issuer may sell into secondary States A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State if the State insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all health insurance issuers. 2798. Independent external appeals procedures (a) Right to External Appeal A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State under the provisions of this title unless— (1) both the secondary State and the primary State have legislation or regulations in place establishing an independent review process for individuals who are covered by individual health insurance coverage, or (2) in any case in which the requirements of subparagraph (A) are not met with respect to the either of such States, the issuer provides an independent review mechanism substantially identical (as determined by the applicable State authority of such State) to that prescribed in the Health Carrier External Review Model Act of the National Association of Insurance Commissioners for all individuals who purchase insurance coverage under the terms of this part, except that, under such mechanism, the review is conducted by an independent medical reviewer, or a panel of such reviewers, with respect to whom the requirements of subsection (b) are met. (b) Qualifications of Independent Medical Reviewers In the case of any independent review mechanism referred to in subsection (a)(2)— (1) In general In referring a denial of a claim to an independent medical reviewer, or to any panel of such reviewers, to conduct independent medical review, the issuer shall ensure that— (A) each independent medical reviewer meets the qualifications described in paragraphs (2) and (3); (B) with respect to each review, each reviewer meets the requirements of paragraph (4) and the reviewer, or at least 1 reviewer on the panel, meets the requirements described in paragraph (5); and (C) compensation provided by the issuer to each reviewer is consistent with paragraph (6). (2) Licensure and expertise Each independent medical reviewer shall be a physician (allopathic or osteopathic) or health care professional who— (A) is appropriately credentialed or licensed in 1 or more States to deliver health care services; and (B) typically treats the condition, makes the diagnosis, or provides the type of treatment under review. (3) Independence (A) In general Subject to subparagraph (B), each independent medical reviewer in a case shall— (i) not be a related party (as defined in paragraph (7)); (ii) not have a material familial, financial, or professional relationship with such a party; and (iii) not otherwise have a conflict of interest with such a party (as determined under regulations). (B) Exception Nothing in subparagraph (A) shall be construed to— (i) prohibit an individual, solely on the basis of affiliation with the issuer, from serving as an independent medical reviewer if— (I) a non-affiliated individual is not reasonably available; (II) the affiliated individual is not involved in the provision of items or services in the case under review; (III) the fact of such an affiliation is disclosed to the issuer and the enrollee (or authorized representative) and neither party objects; and (IV) the affiliated individual is not an employee of the issuer and does not provide services exclusively or primarily to or on behalf of the issuer; (ii) prohibit an individual who has staff privileges at the institution where the treatment involved takes place from serving as an independent medical reviewer merely on the basis of such affiliation if the affiliation is disclosed to the issuer and the enrollee (or authorized representative), and neither party objects; or (iii) prohibit receipt of compensation by an independent medical reviewer from an entity if the compensation is provided consistent with paragraph (6). (4) Practicing health care professional in same field (A) In general In a case involving treatment, or the provision of items or services— (i) by a physician, a reviewer shall be a practicing physician (allopathic or osteopathic) of the same or similar specialty, as a physician who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or (ii) by a non-physician health care professional, the reviewer, or at least 1 member of the review panel, shall be a practicing non-physician health care professional of the same or similar specialty as the non-physician health care professional who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review. (B) Practicing defined For purposes of this paragraph, the term practicing means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days per week. (5) Pediatric expertise In the case of an external review relating to a child, a reviewer shall have expertise under paragraph (2) in pediatrics. (6) Limitations on reviewer compensation Compensation provided by the issuer to an independent medical reviewer in connection with a review under this section shall— (A) not exceed a reasonable level; and (B) not be contingent on the decision rendered by the reviewer. (7) Related party defined For purposes of this section, the term related party means, with respect to a denial of a claim under a coverage relating to an enrollee, any of the following: (A) The issuer involved, or any fiduciary, officer, director, or employee of the issuer. (B) The enrollee (or authorized representative). (C) The health care professional that provides the items or services involved in the denial. (D) The institution at which the items or services (or treatment) involved in the denial are provided. (E) The manufacturer of any drug or other item that is included in the items or services involved in the denial. (F) Any other party determined under any regulations to have a substantial interest in the denial involved. (8) Definitions For purposes of this subsection: (A) Enrollee The term enrollee means, with respect to health insurance coverage offered by a health insurance issuer, an individual enrolled with the issuer to receive such coverage. (B) Health care professional The term health care professional means an individual who is licensed, accredited, or certified under State law to provide specified health care services and who is operating within the scope of such licensure, accreditation, or certification. 2799. Enforcement (a) In General Subject to subsection (b), with respect to specific individual health insurance coverage the primary State for such coverage has sole jurisdiction to enforce the primary State’s covered laws in the primary State and any secondary State. (b) Secondary State’s Authority Nothing in subsection (a) shall be construed to affect the authority of a secondary State to enforce its laws as set forth in the exception specified in section 2796(b)(1). (c) Court Interpretation In reviewing action initiated by the applicable secondary State authority, the court of competent jurisdiction shall apply the covered laws of the primary State. (d) Notice of Compliance Failure In the case of individual health insurance coverage offered in a secondary State that fails to comply with the covered laws of the primary State, the applicable State authority of the secondary State may notify the applicable State authority of the primary State. . (b) Effective Date The amendment made by subsection (a) shall apply to individual health insurance coverage offered, issued, or sold after the date that is one year after the date of the enactment of this Act. (c) GAO Ongoing Study and Reports (1) Study The Comptroller General of the United States shall conduct an ongoing study concerning the effect of the amendment made by subsection (a) on— (A) the number of uninsured and under-insured; (B) the availability and cost of health insurance policies for individuals with pre-existing medical conditions; (C) the availability and cost of health insurance policies generally; (D) the elimination or reduction of different types of benefits under health insurance policies offered in different States; and (E) cases of fraud or abuse relating to health insurance coverage offered under such amendment and the resolution of such cases. (2) Annual reports The Comptroller General shall submit to Congress an annual report, after the end of each of the 5 years following the effective date of the amendment made by subsection (a), on the ongoing study conducted under paragraph (1). 6. Severability If any provision of the Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any other person or circumstance shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-113hr762ih/xml/BILLS-113hr762ih.xml |
113-hr-763 | I 113th CONGRESS 1st Session H. R. 763 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Boustany (for himself, Mr. Matheson , Mr. Holding , Mr. Roe of Tennessee , Mrs. Black , Mr. Fleischmann , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the annual fee on health insurance providers enacted by the Patient Protection and Affordable Care Act.
1. Repeal of annual fee on health insurance providers The Patient Protection and Affordable Care Act is amended by striking section 9010. | https://www.govinfo.gov/content/pkg/BILLS-113hr763ih/xml/BILLS-113hr763ih.xml |
113-hr-764 | I 113th CONGRESS 1st Session H. R. 764 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mrs. Capps (for herself, Mr. Farr , Mrs. Christensen , Mr. Sablan , Mr. Holt , Ms. Brownley of California , Mr. Huffman , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Coastal Zone Management Act of 1972 to require the Secretary of Commerce to establish a coastal climate change adaptation planning and response program, and for other purposes.
1. Short title This Act may be cited as the Coastal State Climate Change Planning Act . 2. Planning for climate change in the coastal zone (a) In General The Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ) is amended by adding at the end the following: 320. Climate change adaptation planning (a) In General The Secretary shall establish consistent with the national policies set forth in section 303 a coastal climate change adaptation planning and response program to— (1) provide assistance to coastal states to voluntarily develop coastal climate change adaptation plans pursuant to approved management programs approved under section 306, to minimize contributions to climate change and to prepare for and reduce the negative consequences that may result from climate change in the coastal zone; and (2) provide financial and technical assistance and training to enable coastal states to implement plans developed pursuant to this section through coastal states’ enforceable policies. (b) Guidelines Within 180 days after the date of enactment of this section, the Secretary, in consultation with the coastal states, shall issue guidelines for the implementation of the grant program established under subsection (c). (c) Climate Change adaptation Planning Grants (1) In general The Secretary, subject to the availability of appropriations, may make a grant to any coastal state for the purpose of developing climate change adaptation plans pursuant to guidelines issued by the Secretary under subsection (b). (2) Plan content A plan developed with a grant under this section shall include the following: (A) Identification of public facilities and public services, working waterfronts, coastal resources of national significance, coastal waters, energy facilities, or other land and water uses located in the coastal zone that are likely to be impacted by climate change. (B) Adaptive management strategies for land use to respond or adapt to changing environmental conditions, including strategies to protect biodiversity, protect water quality, and establish habitat buffer zones, migration corridors, and climate refugia. (C) Requirements to initiate and maintain long-term monitoring of environmental change to assess coastal zone adaptation and to adjust when necessary adaptive management strategies and new planning guidelines to attain the policies under section 303. (D) Other information considered necessary by the Secretary to identify the full range of climate change impacts affecting coastal communities. (3) State hazard mitigation plans Plans developed with a grant under this section shall be consistent with State hazard mitigation plans and natural disaster response and recovery programs developed under State or Federal law. (4) Allocation Grants under this section shall be available only to coastal states with management programs approved by the Secretary under section 306 and shall be allocated among such coastal states in a manner consistent with regulations promulgated pursuant to section 306(c). (5) Priority In the awarding of grants under this subsection the Secretary may give priority to any coastal state that has received grant funding to develop program changes pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of section 309(a). (6) Technical assistance The Secretary may provide technical assistance to a coastal state consistent with section 310 to ensure the timely development of plans supported by grants awarded under this subsection. (7) Federal Approval In order to be eligible for a grant under subsection (d), a coastal state must have its plan developed under this section approved by the Secretary. (d) Coastal adaptation Project Grants (1) In general The Secretary, subject to the availability of appropriations, may make grants to any coastal state that has a climate change adaptation plan approved under subsection (c)(7), in order to support projects that implement strategies contained within such plans. (2) Program requirements The Secretary within 90 days after approval of the first plan approved under subsection (c)(7), shall publish in the Federal Register requirements regarding applications, allocations, eligible activities, and all terms and conditions for grants awarded under this subsection. No less than 30 percent, and no more than 50 percent, of the funds appropriated in any fiscal year for grants under this subsection shall be awarded through a merit-based competitive process. (3) Eligible activities The Secretary may award grants to coastal states to implement projects in the coastal zone to address stress factors in order to improve coastal climate change adaptation, including the following: (A) Activities to address physical disturbances within the coastal zone, especially activities related to public facilities and public services, tourism, sedimentation, ocean acidification, and other factors negatively impacting coastal waters, and fisheries-associated habitat destruction or alteration. (B) Monitoring, control, or eradication of disease organisms and invasive species. (C) Activities to address the loss, degradation, or fragmentation of wildlife habitat through projects to establish or protect marine and terrestrial habitat buffers, wildlife refugia, other wildlife refuges, or networks thereof, preservation of migratory wildlife corridors and other transition zones, and restoration of fish and wildlife habitat. (D) Implementation of projects to reduce, mitigate, or otherwise address likely impacts caused by natural hazards in the coastal zone, including sea level rise, coastal inundation, coastal erosion and subsidence, severe weather events such as cyclonic storms, tsunamis and other seismic threats, and fluctuating Great Lakes water levels. (E) Provide technical training and assistance to local coastal policy makers to increase awareness of science, management, and technology information related to climate change and adaptation strategies. (4) Promotion and use of National Estuarine Research Reserves The Secretary shall promote and encourage the use of National Estuarine Research Reserves as sites for pilot or demonstration projects carried out with grants awarded under this section. . (b) Authorization of Appropriations Section 318(a) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1464 ) is further amended by striking and after the semicolon at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ; and , and by adding at the end the following: (3) for grants under subsections (c) and (d) of section 320, such sums as are necessary. . (c) Intent of Congress Nothing in this section shall be construed to require any coastal state to amend or modify its approved management program pursuant to section 306(e) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455(e) ), or to extend the enforceable policies of a coastal state beyond the coastal zone as identified in the coastal state’s approved management program. | https://www.govinfo.gov/content/pkg/BILLS-113hr764ih/xml/BILLS-113hr764ih.xml |
113-hr-765 | I 113th CONGRESS 1st Session H. R. 765 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mrs. Capps introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Energy and Commerce and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Administrator of the Environmental Protection Agency to establish a program of awarding grants to owners or operators of water systems to increase resiliency or adaptability of the systems to any ongoing or forecasted changes to the hydrologic conditions of a region of the United States.
1. Short title This Act may be cited as the Water Infrastructure Resiliency and Sustainability Act of 2013 . 2. Water infrastructure resiliency and sustainability (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Hydrologic conditions The term hydrologic conditions means the quality, quantity, or reliability of the water resources of a region of the United States. (3) Owner or operator of a water system (A) In general The term owner or operator of a water system means an entity (including a regional, State, Tribal, local, municipal, or private entity) that owns or operates a water system. (B) Inclusion The term owner or operator of a water system includes— (i) a non-Federal entity that has operational responsibilities for a federally, tribally, or State-owned water system; and (ii) an entity established by an agreement between— (I) an entity that owns or operates a water system; and (II) at least one other entity. (4) Water system The term water system means— (A) a community water system (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f )); (B) a treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 )), including a municipal separate storm sewer system (as such term is used in the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. )); (C) a decentralized wastewater treatment system for domestic sewage; (D) a groundwater storage and replenishment system; (E) a system for transport and delivery of water for irrigation or conservation; or (F) a natural or engineered system that manages floodwaters. (b) Program The Administrator shall establish and implement a program, to be known as the Water Infrastructure Resiliency and Sustainability Program, under which the Administrator awards grants in each of fiscal years 2014 through 2018 to owners or operators of water systems for the purpose of increasing the resiliency or adaptability of the systems to any ongoing or forecasted changes (based on the best available research and data) to the hydrologic conditions of a region of the United States. (c) Use of funds As a condition on receipt of a grant under this section, an owner or operator of a water system shall agree to use the grant funds exclusively to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that meets the purpose described in subsection (b) by— (1) conserving water or enhancing water use efficiency, including through the use of water metering and electronic sensing and control systems to measure the effectiveness of a water efficiency program; (2) modifying or relocating existing water system infrastructure made or projected to be significantly impaired by changing hydrologic conditions; (3) preserving or improving water quality, including through measures to manage, reduce, treat, or reuse municipal stormwater, wastewater, or drinking water; (4) investigating, designing, or constructing groundwater remediation, recycled water, or desalination facilities or systems to serve existing communities; (5) enhancing water management by increasing watershed preservation and protection, such as through the use of natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) enhancing energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (7) supporting the adoption and use of advanced water treatment, water supply management (such as reservoir reoperation and water banking), or water demand management technologies, projects, or processes (such as water reuse and recycling, adaptive conservation pricing, and groundwater banking) that maintain or increase water supply or improve water quality; (8) modifying or replacing existing systems or constructing new systems for existing communities or land currently in agricultural production to improve water supply, reliability, storage, or conveyance in a manner that— (A) promotes conservation or improves the efficiency of utilization of available water supplies; and (B) does not further exacerbate stresses on ecosystems or cause redirected impacts by degrading water quality or increasing net greenhouse gas emissions; (9) supporting practices and projects, such as improved irrigation systems, water banking and other forms of water transactions, groundwater recharge, stormwater capture, groundwater conjunctive use, and reuse or recycling of drainage water, to improve water quality or promote more efficient water use on land currently in agricultural production; (10) reducing flood damage, risk, and vulnerability by— (A) restoring floodplains, wetlands, and uplands integral to flood management, protection, prevention, and response; (B) modifying levees, floodwalls, and other structures through setbacks, notches, gates, removal, or similar means to facilitate reconnection of rivers to floodplains, reduce flood stage height, and reduce damage to properties and populations; (C) providing for acquisition and easement of flood-prone lands and properties in order to reduce damage to property and risk to populations; or (D) promoting land use planning that prevents future floodplain development; (11) conducting and completing studies or assessments to project how changing hydrologic conditions may impact the future operations and sustainability of water systems; or (12) developing and implementing measures to increase the resilience of water systems and regional and hydrological basins, including the Colorado River Basin, to rapid hydrologic change or a natural disaster (such as tsunami, earthquake, flood, or volcanic eruption). (d) Application To seek a grant under this section, the owner or operator of a water system shall submit to the Administrator an application that— (1) includes a proposal of the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (2) cites the best available research or data that demonstrate— (A) the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrological system of a region, including rising sea levels and changes in precipitation patterns; and (B) how the proposed program, strategy, or infrastructure improvement would perform under the anticipated hydrologic conditions; (3) explains how the proposed program, strategy, or infrastructure improvement is expected— (A) to enhance the resiliency of the water system, including source water protection for community water systems, to the anticipated hydrologic conditions; or (B) to increase efficiency in the use of energy or water of the water system; and (4) describes how the proposed program, strategy, or infrastructure improvement is consistent with an applicable State, tribe, or local climate adaptation plan, if any. (e) Priority (1) Water systems at greatest and most immediate risk In selecting grantees under this section, subject to subsection (h)(2), the Administrator shall give priority to owners or operators of water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. (2) Goals In selecting among applicants described in paragraph (1), the Administrator shall ensure that, to the maximum extent practicable, the final list of applications funded for each year includes a substantial number that propose to utilize innovative approaches to meet one or more of the following goals: (A) Promoting more efficient water use, water conservation, water reuse, or recycling. (B) Using decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows. (C) Reducing stormwater runoff or flooding by protecting or enhancing natural ecosystem functions. (D) Modifying, upgrading, enhancing, or replacing existing water system infrastructure in response to changing hydrologic conditions. (E) Improving water quality or quantity for agricultural and municipal uses, including through salinity reduction. (F) Providing multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement. (f) Cost-Sharing (1) Federal share The share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to the owner or operator of a water system under subsection (b) paid through funds distributed under this section shall not exceed 50 percent of the cost of the program, strategy, or infrastructure improvement. (2) Calculation of non-Federal share In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system in an application submitted under subsection (d), the Administrator shall— (A) include the value of any in-kind services that are integral to the completion of the program, strategy, or infrastructure improvement, including reasonable administrative and overhead costs; and (B) not include any other amount that the water system involved receives from the Federal Government. (g) Report to Congress Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Administrator shall submit to the Congress a report on progress in implementing this section, including information on project applications received and funded annually. (h) Authorization of Appropriations (1) In general To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2014 through 2018. (2) Limitation Of the amount made available to carry out this section for a fiscal year, not more than 20 percent may be made available to grantees for activities described in subsection (c)(10) (relating to reducing flood damage, risk, and vulnerability). | https://www.govinfo.gov/content/pkg/BILLS-113hr765ih/xml/BILLS-113hr765ih.xml |
113-hr-766 | I 113th CONGRESS 1st Session H. R. 766 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Cicilline (for himself, Mr. Pocan , Mr. Langevin , Ms. Schakowsky , Mr. Ellison , Mr. Larsen of Washington , Ms. Lee of California , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To reduce the deficit by imposing a minimum effective tax rate for high-income taxpayers.
1. Short title This Act may be cited as the Paying a Fair Share Act of 2013 . 2. Fair share tax on high-income taxpayers (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VIII Fair share tax on high-income taxpayers Sec. 59B. Fair share tax. 59B. Fair share tax (a) General rule (1) Phase-in of tax In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of— (A) the amount determined under paragraph (2), and (B) a fraction (not to exceed 1)— (i) the numerator of which is the excess of— (I) the taxpayer's adjusted gross income, over (II) the dollar amount in effect under subsection (c)(1), and (ii) the denominator of which is the dollar amount in effect under subsection (c)(1). (2) Amount of tax The amount of tax determined under this paragraph is an amount equal to the excess (if any) of— (A) the tentative fair share tax for the taxable year, over (B) the excess of— (i) the sum of— (I) the regular tax liability (as defined in section 26(b)) for the taxable year, determined without regard to any tax liability determined under this section, (II) the tax imposed by section 55 for the taxable year, plus (III) the payroll tax for the taxable year, over (ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). (b) Tentative fair share tax For purposes of this section— (1) In general The tentative fair share tax for the taxable year is 30 percent of the excess of— (A) the adjusted gross income of the taxpayer, over (B) the modified charitable contribution deduction for the taxable year. (2) Modified charitable contribution deduction For purposes of paragraph (1)— (A) In general The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as— (i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to (ii) such amount, determined before the application of section 68. (B) Taxpayer must itemize In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. (c) High-Income taxpayer For purposes of this section— (1) In general The term high-income taxpayer means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return). (2) Inflation adjustment (A) In general In the case of a taxable year beginning after 2014, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. (d) Payroll tax For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of— (1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such tax is attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during such taxable year, over (2) the deduction allowable under section 164(f) for such taxable year. (e) Special rule for estates and trusts For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). (f) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55. . (b) Clerical amendment The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part VIII—Fair share tax on high-Income taxpayers . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Sense of the House of Representatives regarding tax reform It is the sense of the House of Representatives that— (1) Congress should enact tax reform that repeals unfair and unnecessary tax loopholes and expenditures, simplifies the system for millions of taxpayers and businesses, and makes sure that the wealthiest taxpayers pay a fair share; and (2) this Act is an interim step that can be done quickly and serve as a floor on taxes for the highest-income taxpayers, cut the deficit by billions of dollars a year, and help encourage more fundamental reform of the tax system. | https://www.govinfo.gov/content/pkg/BILLS-113hr766ih/xml/BILLS-113hr766ih.xml |
113-hr-767 | I 113th CONGRESS 1st Session H. R. 767 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Cramer (for himself, Mr. Daines , Mrs. Noem , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Energy Policy Act of 2005 to modify the Pilot Project offices of the Federal Permit Streamlining Pilot Project.
1. Pilot Project offices of Federal Permit Streamlining Pilot Project Section 365 of the Energy Policy Act of 2005 ( 42 U.S.C. 15924 ) is amended by striking subsection (d) and inserting the following: (d) Pilot project offices The following Bureau of Land Management Offices shall serve as the Pilot Project offices: (1) Rawlins Field Office, Wyoming. (2) Buffalo Field Office, Wyoming. (3) Montana/Dakotas State Office, Montana. (4) Farmington Field Office, New Mexico. (5) Carlsbad Field Office, New Mexico. (6) Grand Junction/Glenwood Springs Field Office, Colorado. (7) Vernal Field Office, Utah. . | https://www.govinfo.gov/content/pkg/BILLS-113hr767ih/xml/BILLS-113hr767ih.xml |
113-hr-768 | I 113th CONGRESS 1st Session H. R. 768 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mrs. Davis of California (for herself and Mr. Polis ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to require the establishment of teacher evaluation programs.
1. Short title This Act may be cited as the Securing Teacher Effectiveness, Leadership, Learning, And Results Act of 2013 or the STELLAR Act . 2. Findings Congress finds the following: (1) Effective teachers and principals are the backbone of our schools and the key to successful students. (2) Teachers and principals deserve our full support as they take on one of the most important and most challenging responsibilities—educating our children. (3) High-quality evaluations that provide meaningful feedback are a crucial element to giving educators the support they need to successfully achieve at high levels. (4) Teachers and principals also deserve access to professional development opportunities so they can continue to learn and grow as educators. (5) Research shows that high-quality and effective teaching is the single most important school-based factor impacting student learning. (6) In formal studies, including research highlighted in The Widget Effect , nearly 75 percent of teachers reported that they have not received specific suggestions on how to improve classroom practices in annual evaluations. (7) Across all local educational agencies, only 43 percent of teachers, including novice teachers who may benefit the most from feedback, report that current evaluations systems are helpful. (8) Research also shows that school leadership quality is second only to teacher quality among school-related factors in its impact on student learning. (9) Strong school leadership is a key determinant of whether schools can attract and retain effective teachers particularly in high poverty schools, as research has found teachers’ satisfaction to be more influenced by the culture of the school than by the demographics of the school’s students. (10) Principals set the direction and vision for a school, and studies find that strong instructional leadership and a focus on building a shared mission focused on student achievement can create a positive teaching and learning environment. (11) Constructive feedback specifying areas for improvement could be useful to both teachers and principals who are dedicated to growing professionally. (12) The most effective way to turn around a struggling school is through talented teachers and an inspirational principal. (13) Effective teachers and principals also deserve to be recognized for excellence and to receive commendations in areas of strong performance and improvement. (14) Evaluations should give teachers and principals the opportunity to foster mutually beneficial professional relationships. (15) Teachers and principals should provide input and contribute directly to designing, implementing, and improving evaluation systems in their school districts. (16) High-quality teacher and principal evaluations have the potential to be a powerful tool and should play a significant role in building a talented force of educators. (17) The goal of evaluation systems is to improve individual, as well as whole school and district, teaching and leadership practices to benefit students. 3. Robust teacher and principal evaluations (a) In general Section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) ) is amended by adding at the end the following: (11) Robust teacher and principal evaluations (A) In general Not later than 3 years after the date of enactment of the STELLAR Act, each State plan shall include the following: (i) The statewide definitions of teacher and principal effectiveness that the State has established and not less than 4 levels of performance ratings for teachers and for principals, including an effective rating and a highly effective rating, based on such definitions. (ii) A demonstration that the State has developed, after taking input from and collaborating with, teachers and principals, a model teacher and principal evaluation program under which— (I) individuals in charge of administering teacher and principal evaluations within each local educational agency in the State are provided rigorous training on how to conduct the teacher and principal evaluations, including— (aa) how to identify areas for improvement and provide specific feedback about improving teaching and principal practice based on evaluation results; (bb) how to evaluate teachers and principals using the performance ratings described in clause (i) and established under subparagraphs (B)(iii) and (C)(viii); (cc) a measure of student academic growth with respect to the State’s academic standards of the school’s students, including students in each of the subgroups described in paragraph (2)(C)(v)(II), and training on how to interpret such measure; and (dd) how to reliably and accurately rate teachers using the State’s rigorous rubric that meets the requirements of subparagraph (B)(ii)(II)(aa); (II) a teacher or principal who is evaluated is provided, based on the evaluation results, professional development opportunities that meet the specific needs identified for the teacher or principal, including mentorship programs that use highly effective teachers or principals as leaders or coaches; (III) measures are taken to ensure that the results of personally identifiable teacher and principal evaluations are not publicly disclosed, except as required under subsection (h); (IV) regular monitoring and assessment of the quality, reliability, validity, fairness, consistency, and objectivity of the evaluation program and the evaluators’ judgments takes place within and across local educational agencies in the State; (V) each teacher’s performance is annually evaluated in accordance with subparagraph (B); (VI) each principal’s performance is annually evaluated in accordance with subparagraph (C); (VII) on the basis of the evaluation, each teacher or principal receives— (aa) a performance rating, as described in clause (i), that is based on multiple measures; (bb) in the case of a teacher, in addition to the measures required under subparagraph (B)— (AA) in a grade level and subject area with a statewide assessment, a measure of student learning gains that is comparable across the State for all teachers in grade levels and subject areas with a statewide assessment; or (BB) in a grade level and subject area without a statewide assessment, a measure of student learning comparable across the local educational agency for all teachers in the same grade without a statewide assessment for elementary schools and for all teachers in the same grade and subject area without a statewide assessment in secondary schools; (cc) ongoing formative feedback and specific recommendations on areas for professional improvement, which includes an identification of areas in which the teacher or principal can strengthen practices to improve student learning; (dd) commendations for excellence in areas of strong performance and in areas of significant improvement; and (ee) in the case of a teacher or principal who is identified as being in 1 of the lowest 2 performance ratings described in clause (i), a comprehensive remediation plan within set time parameters not to exceed 1 year; (VIII) evaluation results are clearly communicated to each teacher and principal, and the steps, goals, and requirements of a professional development or remediation plan are clearly communicated to the teacher or principal; (IX) evaluation results are the primary factor used in determining layoffs during any reduction in force; (X) evaluation results are used to ensure that low-income students and minority students are not assigned at higher rates than other students to classes in core academic subjects taught by teachers who have received one of the two lowest evaluation rates in their most recent evaluation; (XI) evaluation results are used as the principal factor in informing all key personnel and staffing decisions, including decisions with respect to tenure, promotion, and retention; (XII) any teacher or principal who receives the lowest evaluation performance rating for 2 consecutive years is subject to dismissal; (XIII) any teacher or principal who receives the lowest performance rating and does not successfully improve performance on an evaluation after completing the comprehensive remediation plan as required under subclause (VII)(ee) is prohibited from working in any elementary school or secondary school served under this part; (XIV) any teacher or principal who receives the second lowest performance rating and does not successfully improve performance on an evaluation after completing such comprehensive remediation plan is prohibited from working in any elementary school or secondary school— (aa) in a State-defined turnaround status; or (bb) in the lowest 5 percent of schools based on its performance against State-defined student achievement goals. (iii) A demonstration that each local educational agency in the State has adopted a local educational agency-wide teacher and principal evaluation program that— (I) was developed after seeking input from and collaborating with teachers and principals; (II) meets the standards for validity and reliability developed by the State; and (III) meets the minimum requirements set forth in clause (ii). (iv) A demonstration that each local educational agency in the State is seeking input from and collaborating with teachers and principals to make improvements to the evaluation program on an annual basis. (v) An assurance that the State will, on a regular basis— (I) review the teacher and principal evaluation systems used by the local educational agencies in the State, including— (aa) comparing the teacher and principal evaluation results, for each agency and each agency's schools, against the student academic achievement and student growth in the agency and each agency’s schools; (bb) assessing the extent to which each local educational agency’s existing system demonstrates meaningful differentiation among teacher performance levels and among principal performance levels; (cc) comparing implementation and results across the evaluation systems of local educational agencies in the State to ensure— (AA) comparability across the State in implementation of such systems; and (BB) that such systems meet the State’s criteria or definitions for each of the terms described in clause (i); and (dd) assessing the extent to which each local educational agency is using its evaluation system to inform major human resource systems; and (II) provide technical assistance to improve an agency’s teacher and principal evaluation system so that the system provides meaningful differentiation and is aligned with student academic achievement and student growth results in the agency and in each of the agency's schools. (vi) An assurance that beginning 1 year after the date of enactment of the STELLAR Act, the State educational agency will submit to the Secretary an annual report on implementation of the State’s evaluation programs. (vii) An assurance that the State will publish a report each year showing the average estimate of teacher impact on student growth for each of the performance categories. (viii) An assurance that the State is seeking input from teachers and principals on the effectiveness of methods measuring student growth and how to improve such methods. (ix) An assurance that processes and procedures are established to ensure fairness for nonprobationary teachers and principals facing loss of employment due to an ineffective rating in an evaluation program. (B) Requirements for teacher evaluations The evaluation of a teacher’s performance shall comply with the following minimum requirements: (i) Student academic growth A significant factor of the evaluation is based on student academic growth with respect to the State’s academic standards, as measured by— (I) in predominant part, student learning gains on the State’s academic assessments established under paragraph (3) or, for grades and subjects not covered by the State’s academic assessments, another valid and reliable assessment of student academic achievement as long as the assessment is used consistently by the local educational agency in which the teacher is employed for the grade or subject area for which the assessment is administered; (II) at least one other valid and reliable measure of student academic achievement that is used consistently across the local educational agency in which the teacher is employed for the grade or subject area being measured; and (III) if available, value-added measures that track individual student academic growth while under the instruction of the teacher. (ii) Observations of teacher performance A portion of the evaluation is based on observations of the teacher’s performance in the classroom by more than 1 trained and objective observer— (I) that take place on several occasions during the school year in which the teacher is being evaluated; and (II) under which— (aa) a teacher is evaluated against a rigorous rubric that defines multiple performance categories in alignment with the State’s professional standards for teachers and definition of teacher and principal effectiveness as specified in clause (i); and (bb) observation ratings meaningfully differentiate among teachers’ performance and bear a relationship to evidence of student academic growth with respect to the State’s academic standards. (iii) Meaningful differentiation The evaluation provides performance ratings that meaningfully differentiate among teacher performance using the performance ratings and levels described in subparagraph (A)(i). (iv) Comparability of student gains The evaluation provides a measure of student learning gains that is comparable across the State for all teachers in grade levels and subject areas with a statewide assessment. (v) Comparability of results The evaluation provides results that are comparable, at a minimum, across all teachers within a grade level or, for secondary schools, for all teachers within a grade level and subject area in the local educational agency in which the teacher is employed. (C) Requirements for principal evaluations The evaluation of the performance of a principal of a school shall comply with the following minimum requirements: (i) Student academic growth A significant factor of the evaluation is based on student academic growth attainment with respect to the State’s academic standards of the school’s students, including students in each of the subgroups described in paragraph (2)(C)(v)(II). (ii) Graduation rates For a principal of a secondary school, a portion of the evaluation is based on improvements in the school’s graduation rate as defined in section 200.19(b) of title 34, Code of Federal Regulations as in effect on the date of enactment of this paragraph, when applicable, or in the case of a secondary school with a graduation rate of more than 90 percent, the success of the principal in maintaining such graduation rate. (iii) Support of effective teachers A portion of the evaluation is based on the recruitment, development, evaluation, and retention of effective teachers. (iv) Leadership abilities A portion of the evaluation is based on the leadership abilities of the principal, as measured by observations of the principal and other relevant data evaluated against a rigorous rubric that defines multiple performance categories in alignment with the State’s professional standards for principals. (v) Content of observation ratings The observations described in clause (iv) provide observation ratings that— (I) meaningfully differentiate among principals’ performance; and (II) bear a strong relationship to evidence of student academic growth with respect to the State’s academic standards. (vi) Meaningful differentiation The evaluation provides performance ratings that meaningfully differentiate among principal performance using the performance ratings and levels described in subparagraph (A)(i). (vii) Comparability of results The evaluation provides results that are comparable across all principals within the local educational agency in which the principal is employed. . (b) Additional State plan requirements Section 1111(b)(8)(C) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(8)(C) ) is amended by inserting or teachers who received a performance rating under the evaluation system described in paragraph (11) that is in the bottom 2 performance levels after teachers . 4. Public reporting Section 1111(h) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h) ) is amended— (1) in paragraph (1)(C)— (A) in clause (vii), by striking and after the semicolon; (B) in clause (viii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (ix) for each performance rating established under clause (i), the number and percentage of teachers, and the number and percentage of principals, who received such performance rating, for— (I) the State overall; (II) the highest poverty and lowest poverty local educational agencies; and (III) the highest minority and lowest minority local educational agencies. ; (2) in paragraph (2)(B)— (A) in clause (i)— (i) in subclause (I), by striking and after the semicolon; and (ii) by adding at the end the following: (III) for each performance rating established under clause (i), the number and percentage of teachers, and the number and percentage of principals, who received such performance rating, for— (aa) the local educational agency overall; (bb) the highest poverty and lowest poverty schools; and (cc) the highest minority and lowest minority schools; and ; and (B) in clause (ii)— (i) in subclause (I), by striking and after the semicolon; (ii) in subclause (II), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (III) for each performance rating established under clause (i), the number and percentage of teachers at the school that received such performance rating. ; (3) in paragraph (4)— (A) in subparagraph (F), by striking and after the semicolon; (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (H) the information required to be reported under paragraphs (1)(C)(ix) and (2)(B)(i)(III); and (I) the overall student attendance rates, including truancy, graduation, and dropout rates, disaggregated by each school and each individual teacher and individual principal at each school under the jurisdiction of— (i) the State educational agency; (ii) the highest poverty and lowest poverty local educational agencies; (iii) the highest minority and lowest minority local educational agencies; and (iv) each local education agency, including the highest and lowest poverty schools and the highest minority and lowest minority schools under the jurisdiction of the agency. ; and (4) by adding at the end the following: (7) Definitions For purposes of this subsection: (A) Highest minority The term highest minority when used in relation to a school or local educational agency means a school or local educational agency that is in the highest quartile of schools or local educational agencies statewide in terms of the percentage of minority students served. (B) Highest poverty The term highest poverty when used in relation to a school or local educational agency means a school or local educational agency that is in the highest quartile of schools or local educational agencies statewide in terms of the percentage of students who are certified as eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (C) Lowest minority The term lowest minority when used in relation to a school or local educational agency means a school or local educational agency that is in the lowest quartile of schools or local educational agencies statewide in terms of the percentage of minority students served. (D) Lowest poverty The term lowest poverty when used in relation to a school or local educational agency means a school or local educational agency that is in the lowest quartile of schools or local educational agencies statewide in terms of the percentage of students who are certified as eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (E) Student academic growth The term student academic growth means the change in a student’s achievement between 2 or more points in time, as measured through an approach that is statistically rigorous and appropriate for the knowledge and skills being measured. . 5. Recognition of local educational agencies The Secretary of Education shall, based on the information received from each local educational agency report card under section 1111(h)(2)(B)(i)(III) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(2)(B)(i)(III))— (1) recognize and provide commendations to each local educational agency that implements or has implemented innovative, high-quality, and effective teacher or principal evaluation programs that lead to professional development and improved student performance; and (2) establish a clearinghouse in the Department of Education to share the best practices of such programs with educators. | https://www.govinfo.gov/content/pkg/BILLS-113hr768ih/xml/BILLS-113hr768ih.xml |
113-hr-769 | I 113th CONGRESS 1st Session H. R. 769 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Ms. DeLauro (for herself, Mr. Neal , Mr. Andrews , Mr. Becerra , Mr. Blumenauer , Ms. Bonamici , Ms. Brown of Florida , Ms. Brownley of California , Mr. Capuano , Mr. Carson of Indiana , Mr. Cicilline , Ms. Clarke , Mr. Clyburn , Mr. Conyers , Mr. Courtney , Mr. Crowley , Mr. Cuellar , Mr. Cummings , Mr. DeFazio , Mr. Doggett , Ms. Edwards , Mr. Ellison , Ms. Eshoo , Mr. Fattah , Ms. Fudge , Mr. Gene Green of Texas , Mr. Grijalva , Mr. Honda , Mr. Hoyer , Mr. Israel , Mr. Johnson of Georgia , Mr. Himes , Ms. Kaptur , Mr. Kildee , Mr. Langevin , Mr. Larson of Connecticut , Ms. Lee of California , Mr. Levin , Mr. Lewis , Ms. Lofgren , Mrs. Lowey , Mr. Ben Ray Luján of New Mexico , Mrs. Carolyn B. Maloney of New York , Ms. Matsui , Mr. McDermott , Mr. McGovern , Ms. Meng , Mr. George Miller of California , Ms. Moore , Mr. Moran , Mr. Nadler , Mr. Pascrell , Ms. Pingree of Maine , Mr. Pocan , Mr. Price of North Carolina , Mr. Rangel , Ms. Roybal-Allard , Mr. Sablan , Ms. Linda T. Sánchez of California , Ms. Schakowsky , Ms. Schwartz , Mr. Serrano , Ms. Sewell of Alabama , Ms. Shea-Porter , Ms. Slaughter , Ms. Speier , Mr. Takano , Mr. Tierney , Mr. Tonko , Ms. Waters , Mr. Waxman , Mr. Welch , and Mrs. Davis of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permanently extend the lower threshold for the refundable portion of the child tax credit and to adjust the credit amount for inflation.
1. Short title This Act may be cited as the Child Tax Credit Permanency Act of 2013 . 2. Modifications of the child tax credit (a) Permanent extension (1) In general Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended by striking $10,000 and inserting $3,000 . (2) Conforming amendments Section 24(d) of such Code is amended by striking paragraphs (3) and (4). (b) Inflation adjustment Section 24 of such Code is amended by adding at the end the following new subsection: (g) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2013, the $1,000 amount contained in subsection (a) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) 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 2012 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr769ih/xml/BILLS-113hr769ih.xml |
113-hr-770 | I 113th CONGRESS 1st Session H. R. 770 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Duncan of South Carolina introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the South Carolina National Heritage Corridor Act of 1996 to designate the management entity for the South Carolina National Heritage Corridor, and for other purposes.
1. South Carolina National Heritage Corridor Management Entity Section 605(a) of the South Carolina National Heritage Corridor Act of 1996 (title VI of division II of Public Law 104–333) is amended to read as follows: (a) In general The management entity for the National Heritage Corridor shall be the South Carolina Heritage Corridor, Inc. All program funds, past, present, and future, shall be transferred immediately to the South Carolina Heritage Corridor, Inc. . | https://www.govinfo.gov/content/pkg/BILLS-113hr770ih/xml/BILLS-113hr770ih.xml |
113-hr-771 | I 113th CONGRESS 1st Session H. R. 771 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Duncan of South Carolina (for himself, Mr. Wilson of South Carolina , Mr. Rice of South Carolina , Mr. Mulvaney , Mr. Benishek , and Mr. Gowdy ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish requirements for oil and gas leasing of areas of the Outer Continental Shelf off the coast of South Carolina.
1. Short title This Act may be cited as the South Carolina Offshore Drilling Act of 2013 . 2. Lease sales off the coast of South Carolina In determining the areas off the coast of South Carolina to be made available for leasing under Final Outer Continental Shelf Oil & Gas Leasing Program (2012–2017), the Secretary of the Interior— (1) shall act in accordance with section 18(a)(2)(F) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(a)(2)(F) ) and take into consideration the laws, goals, and policies of the State of South Carolina; and (2) shall focus on areas considered to have the most geologically promising energy resources. | https://www.govinfo.gov/content/pkg/BILLS-113hr771ih/xml/BILLS-113hr771ih.xml |
113-hr-772 | I 113th CONGRESS 1st Session H. R. 772 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Faleomavaega (for himself, Ms. Ros-Lehtinen , and Mr. Chabot ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote peaceful and collaborative resolution of the South China Sea dispute.
1. Findings Congress finds the following: (1) The South China Sea contains vital commercial shipping lanes and points of access between the Indian Ocean and Pacific Ocean, providing a maritime lifeline to India, Singapore, Malaysia, Indonesia, the Philippines, Vietnam, Brunei, Taiwan, Japan, and the Korean peninsula. (2) China, Vietnam, the Philippines, Taiwan, Malaysia, and Brunei have disputed territorial claims over the Spratly Islands, and China, Taiwan, and Vietnam have disputed territorial claims over the Paracel Islands. (3) In 2009, the Government of the People’s Republic of China submitted to the United Nations a map with the 9-dotted line (also known as the Cow Tongue line) which raised questions about whether China officially claims most of the 1,423,000 square miles of the South China Sea, more than any other nation involved in these territorial disputes. (4) In November 2012, China began to include a map of its territorial claims inside its passports, despite the protests of its neighbors, including Vietnam and the Philippines. (5) Although not a party to these disputes, the United States has a national economic and security interest in maintaining peace, stability, and prosperity in East Asia and Southeast Asia, and ensuring that no party threatens or uses force or coercion unilaterally to assert maritime territorial claims in East Asia and Southeast Asia, including in the South China Sea, the East China Sea, or the Yellow Sea. (6) The Association of Southeast Asian Nations (ASEAN) has promoted multilateral talks in disputed areas without settling the issue of sovereignty. (7) In 2002, ASEAN and China signed a Declaration on the Conduct of Parties in the South China Sea. (8) That declaration committed all parties to those territorial disputes to reaffirm their respect for and commitment to the freedom of navigation in and over flight above the South China Sea as provided for by the universally recognized principles of international law , and to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force . (9) In July and November of 2010, the United States and our Republic of Korea allies conducted joint naval exercises in the Yellow Sea in international waters, as well as Republic of Korea territorial waters, in the vicinity of the site of the March 2010 North Korean attack on the South Korean military vessel Cheonan, these exercises drew objections from Beijing over foreign operations in the Yellow Sea. (10) In September 2010, tensions were raised in the East China Sea near the Senkaku (Diaoyutai) Islands, a territory under the legal administration of Japan, when a Chinese fishing vessel deliberately rammed Japanese Coast Guard patrol boats. (11) On February 25, 2011, a frigate from China's navy fired shots at 3 fishing boats from the Philippines. (12) On March 2, 2011, the Government of the Philippines reported that two patrol boats from China attempted to ram one of its surveillance ships. (13) On May 26, 2011, a maritime security vessel from China cut the cables of an exploration ship from Vietnam, the Binh Minh, in the South China Sea in waters near Cam Ranh Bay in the exclusive economic zone of Vietnam. (14) On May 31, 2011, three Chinese military vessels used guns to threaten the crews of four Vietnamese fishing boats while they were fishing in the waters of the Truong Sa (Spratly) archipelago. (15) On June 3, 2011, Vietnam's Foreign Ministry released a statement that Vietnam is resolutely opposed to these acts by China that seriously violated the sovereign and jurisdiction rights of Viet Nam to its continental shelf and Exclusive Economic Zone (EEZ) . (16) On June 9, 2011, three vessels from China, including one fishing vessel and two maritime security vessels, ran into and disabled the cables of another exploration ship from Vietnam, the Viking 2, in the exclusive economic zone of Vietnam. (17) The actions of the Government of the People's Republic of China in the South China Sea have also affected United States military and maritime vessels and aircraft transiting through international air space and waters, including the collision of a Chinese fighter plane with a United States surveillance plane in 2001, the harassment of the USNS Victorious and the USNS Impeccable in March 2009, and the collision of a Chinese submarine with the sonar cable of the USS John McCain in June 2009. (18) On July 23, 2010, former Secretary of State Hillary Rodham Clinton stated at the ASEAN Regional Forum that the United States, like every nation, has a national interest in freedom of navigation, open access to Asia’s maritime commons, respect for international law, and unimpeded commerce in the South China Sea. (19) On June 23, 2011, the United States stated that it was ready to provide hardware to modernize the military of the Philippines. (20) The United States and the Philippines conducted combined naval exercises in the Sulu Sea, near the South China Sea, from June 28 to July 8, 2011. (21) On July 22, 2011, an Indian naval vessel, sailing about 45 nautical miles off the coast of Vietnam, was warned by a Chinese naval vessel that it was allegedly violating Chinese territorial waters. (22) In June 2012, China's cabinet, the State Council, approved the establishment of the city of Sansha to oversee the areas claimed by China in the South China Sea. (23) In July 2012, Chinese military authorities announced that they had established a corresponding Sansha garrison in the new prefecture. (24) On June 23, 2012, the China National Offshore Oil Corporation invited bids for oil exploration in areas within 200 nautical miles of the continental shelf and within the exclusive economic zone of Vietnam. (25) Since July 2012, Chinese patrol ships have been spotted near the disputed Senkaku (Diaoyutai) Islands in the East China Sea. (26) At the July 2012 ASEAN Regional Forum, former Secretary of State Clinton said, We believe the nations of the region should work collaboratively and diplomatically to resolve disputes without coercion, without intimidation, without threats, and without the use of force . (27) In November 2012, a regulation was approved by the Hainan People’s Congress authorizing Chinese maritime police to board, search and even take over ships determined to be illegally entering South China Sea waters unilaterally claimed by Beijing. (28) At a meeting with the Japanese Foreign Minister on January 18, 2013, former Secretary of State Clinton stated that although the United States does not take a position on the ultimate sovereignty of the (Senkaku) islands, we acknowledge they are under the administration of Japan , adding that We oppose any unilateral actions that would seek to undermine Japanese administration, and we urge all parties to take steps to prevent incidents and manage disagreements through peaceful means . (29) On August 3, 2012, a Department of State spokesperson expressed concern over China’s upgrading of the administrative level of Sansha City and the establishment of a new military garrison there , expressed encouragement for ASEAN and China to make meaningful progress toward finalizing a comprehensive Code of Conduct , and called upon claimants to explore every diplomatic or other peaceful avenue for resolution, including the use of arbitration or other international legal mechanisms as needed . 2. Sense of Congress It is the sense of Congress that, in light of the congressional finding described above, the Secretary of State should— (1) reaffirm the strong support of the United States for the peaceful resolution of maritime territorial disputes in the South China Sea, the Taiwan Strait, the East China Sea, and the Yellow Sea and pledge continued efforts to facilitate a collaborative, peaceful process to resolve these disputes; (2) condemn the use of threats or force by naval, maritime security, and fishing vessels from China in the South China Sea and the East China Sea as well as the use of force by North Korea in the Yellow Sea that would escalate tensions or result in miscalculations; (3) note that overt threats and gun boat diplomacy are not constructive means for settling these outstanding maritime disputes; (4) welcome the diplomatic efforts of Association of Southeast Asian Nations (ASEAN) and the United States allies and partners in Japan, the Republic of Korea, Taiwan, the Philippines, and India to amiably and fairly resolve these outstanding disputes; and (5) support the continuation of operations by the United States Armed Forces in support of freedom of navigation rights in international waters and air space in the South China Sea, the East China Sea, the Taiwan Strait, and the Yellow Sea. 3. Report on the Code of Conduct for the South China Sea (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the Code of Conduct and other peaceful measures for resolution of the territorial disputes in the South China Sea. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary. | https://www.govinfo.gov/content/pkg/BILLS-113hr772ih/xml/BILLS-113hr772ih.xml |
113-hr-773 | I 113th CONGRESS 1st Session H. R. 773 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Forbes introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt the Department of Defense from reduction under any order issued to carry out a sequestration pursuant to section 251A.
1. Department of Defense exemption from section 251A sequestration (a) Calculation of total deficit reduction Paragraph (3) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended— (1) in subparagraph (A), by striking $1,200,000,000,000 and inserting $600,000,000,000 ; and (2) in subparagraph (E), by striking $24,000,000,000 and inserting $12,000,000,000 . (b) Allocation to functions Paragraph (4) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: (4) Allocation to functions On January 2, 2013, for fiscal year 2013, and in its sequestration preview report for fiscal years 2014 through 2021 pursuant to section 254(c), OMB shall allocate the total reduction calculated pursuant to paragraph (3) for that year to discretionary appropriations and direct spending accounts in all non-defense functions. . (c) Defense function reduction Paragraph (5) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. (d) Implementing discretionary reductions (1) Paragraph (7)(A) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking achieve— and inserting achieve , by striking clause (i), and by striking (ii) and moving such text 2 ems to the left. (2) Paragraph (7)(B) of section 251A of such Act is amended by striking achieve— and inserting achieve , by striking clause (i), and by striking (ii) and moving such text 2 ems to the left. (e) Implementing direct spending reductions The first sentence of paragraph (8) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking paragraphs (5) and (6) and inserting paragraph (6) . 2. Conforming amendment Section 901(e) of American Taxpayer Relief Act of 2012 is amended by striking 251A(5)(A), 251A(6)(A), and 251A(7)(A), and inserting 251A(6)(A) and 251A(7)(A), . | https://www.govinfo.gov/content/pkg/BILLS-113hr773ih/xml/BILLS-113hr773ih.xml |
113-hr-774 | I 113th CONGRESS 1st Session H. R. 774 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Gardner (for himself, Mr. Coffman , Mrs. Lummis , Mr. Denham , Mr. Benishek , Mrs. Blackburn , Mr. Gohmert , Mr. LaMalfa , Mr. Walberg , and Mr. Wilson of South Carolina ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to establish small business start-up savings accounts.
1. Short title This Act may be cited as the Small Business Start-up Savings Accounts Act of 2013 . 2. Establishment of Small Business Start-Up Savings Accounts (a) In general Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7529. Small Business Start-Up Savings Accounts (a) In general An individual or an eligible small business may enter into an agreement with the Secretary to establish a small business start-up savings account. (b) Small business start-Up savings account For purposes of this section, the term small business start-up savings account means a trust created or organized in the United States for the benefit of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: (1) Except as provided in subsection (d)(3) in the case of a rollover contribution, no contribution will be accepted unless it is in cash, and contributions will not be accepted for the taxable year on behalf of any account beneficiary in excess of the amount in effect for such taxable year under subsection (d)(2). (2) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. (3) No part of the trust funds will be invested in life insurance contracts. (4) The interest of an individual in the balance of his account is nonforfeitable. (5) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (c) Eligible small business For purposes of this section, the term eligible small business means, with respect to any taxable year, any person engaged in a trade or business if the average number of employees employed by such person on business days during the taxable year was 500 or fewer. (d) Treatment of contributions (1) In general There shall be allowed as a deduction for the taxable year an amount equal to so much of the account beneficiary’s contributions for the taxable year to all small business start-up savings accounts maintained for the benefit of such beneficiary as do not exceed the contribution limitations in effect for the taxable year under paragraph (2). (2) Contribution limitation (A) In general The amount allowable as a deduction under paragraph (1) with respect to all small business start-up savings accounts maintained for the benefit of any person shall not exceed the lesser of— (i) $10,000, or (ii) $150,000, reduced by the aggregate contributions by such person for all taxable years with respect to all small business start-up savings accounts of the taxpayer. (B) Cost of living adjustment (i) In general In the case of a taxable year beginning after 2013, the $10,000 amount in subparagraph (A) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding If any amount as adjusted under clause (i) is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500. (3) Rollovers from retirement plans not allowed Under regulations prescribed by the Secretary, a person may make a rollover contribution to a small business start-up savings account only in the case of a rollover from another small business start-up savings account. (4) Treated as deduction for individuals and corporations For purposes of chapter 1, the deduction allowed under paragraph (1) shall be treated as a deduction specified in part VI of subchapter B of chapter 1 (relating to itemized deductions for individuals and corporations). (e) Treatment of distributions (1) Tax treatment (A) Exclusion of qualified distributions Any qualified distribution from a small business start-up savings account shall not be includible in gross income. (B) Inclusion of other distributions Any distribution from a small business start-up savings account which is not a qualified distribution shall be included in gross income. (2) Qualified distribution For purposes of this subsection, the term qualified distribution means, with respect to any taxable year, any payment or distribution from a small business start-up savings account— (A) to the extent the amount of such payment or distribution does not exceed the sum of— (i) the aggregate amounts paid or incurred by the taxpayer for such taxable year with respect to the taxpayer’s trade or business for the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees, and (ii) the aggregate capital contributions of the taxpayer with respect to an eligible small business for the taxable year (but only to the extent such amounts are used by such small business for purposes described in clause (i)), and (B) which, in the case of a payment or distribution subsequent to the first payment or distribution from such account (or any predecessor to such account)— (i) is made not later than the close of the 5th taxable year beginning after the date of such first payment or distribution, and (ii) is made with respect to the same eligible small business with respect to which such first payment or distribution was made. (3) Treatment after death of account beneficiary (A) In general If, by reason of the death of the account beneficiary, any person acquires the account beneficiary’s interest in a small business start-up savings account— (i) such account shall cease to be a small business start-up savings account as of the date of death, and (ii) an amount equal to the fair market value of the assets in such account on such date shall be includible— (I) in the case of a person who is not the estate of such beneficiary, in such person’s gross income for the taxable year which includes such date, or (II) in the case of a person who is the estate of such beneficiary, in such beneficiary’s gross income for the last taxable year of such beneficiary. (B) Special rules (i) Reduction of inclusion for predeath expenses The amount includible in gross income under subparagraph (A) shall be reduced by the amounts described in paragraph (2) which were incurred by the decedent before the date of the decedent’s death and paid by such person within 1 year after such date. (ii) Deduction for estate taxes An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent) with respect to amounts included in gross income under subparagraph (A)(ii)(I) by such person. (4) Treatment for failure to be treated as eligible small business If for any taxable year a taxpayer which holds a small business start-up savings account as an eligible small business ceases to be an eligible small business— (A) such account shall cease to be a small business start-up savings account, and (B) the balance of such account shall be treated as paid out for such taxable year in a distribution which is not a qualified distribution. (f) Special rules (1) Denial of double benefit Any deduction or credit otherwise allowed for the taxable year with respect to amounts described in subsection (e)(2)(A) shall be reduced by an amount equal to the qualified distributions attributable to such amounts. The adjusted basis of any property placed in service for the taxable year shall be reduced by the amount of any qualified distributions attributable to such property. For purposes of this paragraph, qualified distributions shall first be treated as attributable to amounts described in subsection (e)(2)(A), then to property placed in service for the taxable year. (2) Aggregation rule For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. . (b) Excise tax on excess contributions and nonqualified distributions Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 50A Small business start-up savings accounts Sec. 5000D. Tax on excess contributions to small business start-up savings accounts. Sec. 5000E. Tax on nonqualified distributions from small business start-up savings accounts. Sec. 5000F. Cross reference. 5000D. Tax on excess contributions to small business start-up savings accounts (a) In general In the case of a small business start-up savings account (within the meaning of section 7529) there is imposed for each taxable year a tax in an amount equal to 6 percent of the amount of the excess contributions to such taxpayer’s account (determined as of the close of the taxable year). (b) Limitation The amount of tax imposed by subsection (a) shall not exceed 6 percent of the value of the account (determined as of the close of the taxable year). (c) Excess contributions For purposes of this section, in the case of contributions to all small business start-up savings accounts maintained for the benefit of a person, the term excess contributions means the sum of— (1) the excess (if any) of— (A) the amount contributed to such accounts for the taxable year, over (B) the amount allowable as a contribution under section 7529(d)(2)(A) for such taxable year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts for the taxable year, and (B) the excess (if any) of— (i) the maximum amount allowable as a contribution under section 7529(d)(2)(A) for such taxable year, over (ii) the amount contributed to such accounts for such taxable year. 5000E. Tax on nonqualified distributions from small business start-up savings accounts (a) In general If for any taxable year an amount is paid or distributed out of a taxpayer’s small business start-up savings account, there is imposed for such taxable year a tax in an amount equal to 10 percent of the portion of such amount which is includible in the gross income of the taxpayer. (b) Exception for disability or death Subsection (a) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) (but only if such beneficiary’s account was created before becoming so disabled) or dies. 5000F. Cross reference For prohibited transactions, see section 4975. . (c) Prohibited transactions (1) In general Paragraph (1) of section 4975(e) of such Code is amended by striking or at the end of subparagraph (F), by striking the period at the end of subparagraph and inserting , or , and by adding at the end the following new subparagraph: (H) a small business start-up savings account (within the meaning of section 7529). . (2) Special rule for ceasing to be a small business start-up savings account Section 4975(c) of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following new paragraph: (7) Special rule for small business start-up savings account An individual for whose benefit a small business start-up savings account (within the meaning of section 7529) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a small business start-up savings account by reason of the application of paragraph (3) or (4) of section 7529(e) to such account. . (d) Deduction allowed whether or not individual itemizes Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Contributions to small business start-up savings accounts The deduction allowed by section 7529(d)(1)(A). . (e) Conforming amendments (1) The table of chapters for subtitle D such Code is amended by adding at the end the following new item: Chapter 50A. Small Business Start-Up Savings Accounts. . (2) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7528 the following new item: Sec. 7529. Small Business Start-Up Savings Accounts. . (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr774ih/xml/BILLS-113hr774ih.xml |
113-hr-775 | I 113th CONGRESS 1st Session H. R. 775 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Griffith of Virginia (for himself, Mr. Connolly , Mr. Forbes , Mr. Goodlatte , Mr. Hurt , Mr. Scott of Virginia , Mr. Wittman , Mr. Wolf , and Mr. Moran ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to exempt election officials from Federal jury service.
1. Short title This Act may be cited as the Uninterrupted Elections Act . 2. Exemption of election officials from Federal jury duty Section 1863 of title 28, United States Code, is amended by adding at the end the following: (e) (1) Each plan under this section shall provide that a election or registration official, if named as a prospective juror, is exempt from starting service as a juror during any election period. (2) In this subsection— (A) the term election or registration official means an appointed or elected local election administrator, or a permanent full-time employee of such an administrator, whose duties include the registration of voters or the administration of elections; and (B) the term election period means the period beginning 60 days before and ending 30 days after an election with respect to which the election or registration official has any of the duties described in subparagraph (A). . | https://www.govinfo.gov/content/pkg/BILLS-113hr775ih/xml/BILLS-113hr775ih.xml |
113-hr-776 | I 113th CONGRESS 1st Session H. R. 776 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Hanna (for himself and Mr. Graves of Missouri ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Small Business , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 31, United States Code, to revise requirements related to assets pledged by a surety, and for other purposes.
1. Short title This Act may be cited as the Security in Bonding Act of 2013 . 2. Surety bond requirements Chapter 93 of subtitle VI of title 31, United States Code, is amended— (1) by adding at the end the following: 9310. Individual sureties If another applicable law or regulation permits the acceptance of a bond from a surety that is not subject to sections 9305 and 9306 and is based on a pledge of assets by the surety, the assets pledged by such surety shall— (1) consist of eligible obligations described under section 9303(a); and (2) be submitted to the official of the Government required to approve or accept the bond, who shall deposit the assets with a depository described under section 9303(b). ; and (2) in the table of contents for such chapter, by adding at the end the following: 9310. Individual sureties. . 3. SBA surety bond guarantee Section 411(c)(1) of the Small Business Investment Act of 1958 ( 15 U.S.C. 694b(c)(1) ) is amended by striking 70 and inserting 90 . | https://www.govinfo.gov/content/pkg/BILLS-113hr776ih/xml/BILLS-113hr776ih.xml |
113-hr-777 | I 113th CONGRESS 1st Session H. R. 777 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Hunter (for himself, Mr. Westmoreland , Mr. Nunes , Mr. McClintock , Mr. Bentivolio , Mr. Denham , Ms. Castor of Florida , Mr. Calvert , Mr. Rohrabacher , Mr. Salmon , Mr. Rooney , and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title III of the Americans with Disabilities Act of 1990 to require a plaintiff to provide a defendant with an opportunity to correct a violation of such title voluntarily before the plaintiff may commence a civil action, and for other purposes.
1. Short title This Act may be cited as the ADA Notification Act of 2013 . 2. Opportunity to correct alleged violation as condition on commencing civil action Section 308(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12188(a) ) is amended by adding at the end the following: (3) Opportunity to correct alleged violation (A) In general A State or Federal court shall not have jurisdiction in a civil action that a plaintiff commences under paragraph (1), or under a State law that conditions a violation of any of its provisions on a violation of this title, unless— (i) before filing a complaint alleging a violation of this title or such a State law, the plaintiff provides the defendant with a written notice of the alleged violation by registered mail; (ii) the written notice identifies the facts that constitute the alleged violation, including the location where and the date on which the alleged violation occurred; (iii) a remedial period of 90 days elapses after the date on which the plaintiff provides the written notice; (iv) the written notice informs the defendant that the plaintiff is barred from filing the complaint until the end of the remedial period; and (v) the complaint states that, as of the date on which the complaint is filed, the defendant has not corrected the alleged violation. (B) Extension of remedial period The court may extend the remedial period by not more than 30 days if the defendant applies for such an extension. . | https://www.govinfo.gov/content/pkg/BILLS-113hr777ih/xml/BILLS-113hr777ih.xml |
113-hr-778 | I 113th CONGRESS 1st Session H. R. 778 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Issa (for himself, Ms. Wasserman Schultz , Mr. Diaz-Balart , Mr. Deutch , and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To modify the prohibition on recognition by United States courts of certain rights relating to certain marks, trade names, or commercial names.
1. Short title This Act may be cited as the No Stolen Trademarks Honored in America Act . 2. Modification of prohibition Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105–277 ; 112 Stat. 2681–88) is amended— (1) in subsection (a)(2)— (A) by striking by a designated national ; and (B) by inserting before the period that was used in connection with a business or assets that were confiscated unless the original owner of the mark, trade name, or commercial name, or the bonafide successor-in-interest has expressly consented ; (2) in subsection (b), by striking by a designated national or its successor-in-interest ; (3) by redesignating subsection (d) as subsection (e); (4) by inserting after subsection (c) the following: (d) Subsections (a)(2) and (b) of this section shall apply only if the person or entity asserting the rights knew or had reason to know at the time when the person or entity acquired the rights asserted that the mark, trade name, or commercial name was the same as or substantially similar to a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated. ; and (5) in subsection (e), as so redesignated, by striking In this section: and all that follows through (2) The term and inserting In this section, the term . | https://www.govinfo.gov/content/pkg/BILLS-113hr778ih/xml/BILLS-113hr778ih.xml |
113-hr-779 | I 113th CONGRESS 1st Session H. R. 779 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Issa introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Oversight and Government Reform , Education and the Workforce , Natural Resources , the Judiciary , Rules , Appropriations , and House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the Patient Protection and Affordable Care Act and the health care-related provisions in the Health Care and Education Reconciliation Act of 2010 and to amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes.
1. Short title This Act may be cited as the Access to Insurance for All Americans Act . 2. Repeal of PPACA and health care-related provisions of HCERA (a) PPACA The Patient Protection and Affordable Care Act ( Public Law 111–148 ) is repealed and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Health care-Related provisions of HCERA (1) In general The health care-related provisions of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ) are repealed and the provisions of law amended or repealed by such health care-related provisions are restored or revived as if such provisions had not been enacted. (2) Health care-related provisions defined In paragraph (1), the term health care-related provisions means, with respect to the Health Care and Education Reconciliation Act of 2010, title I and subtitle B of title II of such Act. 3. Extension of Federal employee health insurance (a) In general Subpart G of part III of title 5, United States Code, is amended— (1) by redesignating chapters 89A and 89B as chapters 89B and 89C, respectively; and (2) by inserting after chapter 89 the following: 89A Health insurance for non-Federal employees 8921. Definitions In this chapter— (1) the terms defined under section 8901 shall have the meanings given such terms under that section; and (2) the term Office means the Office of Personnel Management. 8922. Health insurance for non-Federal employees (a) The Office shall administer a health insurance program for non-Federal employees in accordance with this chapter. (b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter. 8923. Contract requirement (a) For each calendar year, the Office shall enter into a contract with 1 or more carriers to make available 1 or more health benefits plans (subject to the provisions of this chapter) to eligible individuals under this chapter. (b) In carrying out this section, the Office may require 1 or more carriers to enter into a contract described in subsection (a), as a condition of entering into a contract under section 8902. 8924. Eligibility of non-Federal employees (a) Except as provided under subsection (b), any individual may enroll in a health benefits plan under this section. (b) An individual may not enroll in a health benefits plan under this chapter if the individual— (1) is enrolled or eligible to enroll for coverage under a public health insurance program, including— (A) title XVIII of the Social Security Act; (B) a State plan under title XIX of the Social Security Act; (C) a State plan under title XXI of the Social Security Act; or (D) any other program determined by the Office; (2) is enrolled or eligible to enroll in a plan under chapter 89; or (3) is a member of the uniformed services as defined under section 101(a)(5) of title 10. 8925. Alternative conditions to Federal employee health benefits plans (a) Rates charged and premiums paid for a health benefits plan under this chapter may differ between or among geographic regions. (b) No Government contribution shall be made for any individual under this chapter. (c) In the administration of this chapter, the Office shall ensure that individuals covered under this chapter shall be in a risk pool that is separate from the risk pool maintained for individuals covered under chapter 89. . (b) Technical and conforming amendments (1) Contract requirement under chapter 89 Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following: (p) Any contract under this chapter may include, at the discretion of the Office, a provision that the carrier shall enter into a contract to provide 1 or more health benefits plans as described under chapter 89A. . (2) Table of chapters The table of chapters for part III of title 5, United States Code, is amended— (A) by redesignating the items relating to chapters 89A and 89B as chapters 89B and 89C, respectively; and (B) by inserting after the item relating to chapter 89 the following: 89A. Health Insurance for Non-Federal Employees 8921 . 4. Deduction for premiums paid by FEHBP non-employee enrollees (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended— (1) by redesignating section 224 as section 225; and (2) by inserting after section 223 the following new section: 224. Premiums paid for FEHBP coverage (a) In general In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid as premiums during the taxable year for coverage for the taxpayer, his spouse, and dependents under health insurance provided pursuant to chapter 89A of title 5, United States Code. (b) Special rules (1) Coordination with medical deduction, etc Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Any amount taken into account in determining the credit allowed under section 35 shall not be taken into account for purposes of this section. (2) Deduction not allowed for self-employment tax purposes The deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. . (b) Deduction allowed in computing adjusted gross income Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: (22) Premiums paid for FEHBP coverage The deduction allowed by section 224. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by— (1) redesignating the item relating to section 224 as an item relating to section 225; and (2) inserting before such item the following new item: Sec. 224. Premiums paid for FEHBP coverage. . (d) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 5. Plan for extension of Federal employee health benefits program Not later than 6 months after the date of enactment of this Act and after consultation with appropriate experts, representatives of affected individuals, and Federal officers, the Director of the Office of Personnel Management shall submit a comprehensive plan to Congress that— (1) provides for the orderly implementation of the amendments made by this Act; and (2) includes a schedule of actions to be taken to provide for that implementation. | https://www.govinfo.gov/content/pkg/BILLS-113hr779ih/xml/BILLS-113hr779ih.xml |
113-hr-780 | I 113th CONGRESS 1st Session H. R. 780 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Issa (for himself, Mr. Cole , Mr. Amodei , Mr. Schweikert , Mr. Kline , Mr. McHenry , Mr. Simpson , and Mr. Denham ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize Indian tribes to exercise jurisdiction over crimes of domestic violence that occur in the Indian country of that tribe.
1. Short title This Act may be cited as the Violence Against Indian Women Act of 2013 . 2. Tribal jurisdiction over crimes of domestic violence (a) In general Title II of Public Law 90–284 ( 25 U.S.C. 1301 et seq. ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended by adding at the end the following: 204. Tribal jurisdiction over crimes of domestic violence (a) Definitions In this section: (1) Dating violence The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. (2) Domestic violence The term domestic violence means violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic- or family-violence laws of an Indian tribe that has jurisdiction over the Indian country where the violence occurs. (3) Indian country The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (4) Participating tribe The term participating tribe means an Indian tribe that elects to exercise special domestic violence criminal jurisdiction over the Indian country of that Indian tribe. (5) Protection order The term protection order — (A) means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and (B) includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendente lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. (6) Special domestic violence criminal jurisdiction The term special domestic violence criminal jurisdiction means the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise. (7) Spouse or intimate partner The term spouse or intimate partner has the meaning given the term in section 2266 of title 18, United States Code. (b) Nature of the criminal jurisdiction (1) In general Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed by sections 201, 202, and 203, the powers of self-government of a participating tribe include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise special domestic violence criminal jurisdiction over all persons. (2) Concurrent jurisdiction The exercise of special domestic violence criminal jurisdiction by a participating tribe shall be concurrent with the jurisdiction of the United States, of a State, or of both. (3) Applicability Nothing in this section— (A) creates or eliminates any Federal or State criminal jurisdiction over Indian country; or (B) affects the authority of the United States or any State government that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country. (4) Exceptions (A) Victim and defendant are both non-Indians (i) In general A participating tribe may not exercise special domestic violence criminal jurisdiction over an alleged offense if neither the defendant nor the alleged victim is an Indian. (ii) Definition of victim In this subparagraph and with respect to a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction based on a violation of a protection order, the term victim means a person specifically protected by a protection order that the defendant allegedly violated. (B) Defendant lacks ties to the Indian tribe A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant only if the defendant— (i) resides in the Indian country of the participating tribe; (ii) is employed in the Indian country of the participating tribe; or (iii) is a spouse, intimate partner, or dating partner of— (I) a member of the participating tribe; or (II) an Indian who resides in the Indian country of the participating tribe. (c) Criminal conduct A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant for criminal conduct that falls into one or more of the following categories: (1) Domestic violence and dating violence An act of domestic violence or dating violence that occurs in the Indian country of the participating tribe. (2) Violations of protection orders An act that— (A) occurs in the Indian country of the participating tribe; and (B) violates the portion of a protection order that— (i) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; (ii) was issued against the defendant; (iii) is enforceable by the participating tribe; and (iv) is consistent with section 2265(b) of title 18, United States Code. (d) Rights of defendants In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the participating tribe shall provide to the defendant— (1) all applicable rights under this Act; (2) if a term of imprisonment of any length may be imposed, all rights described in section 202(c); (3) the right to a trial by an impartial jury that is drawn from sources that— (A) reflect a fair cross section of the community; and (B) do not systematically exclude any distinctive group in the community, including non-Indians; and (4) all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise special domestic violence criminal jurisdiction over the defendant. (e) Petitions To stay detention (1) In general A person who has filed a petition for a writ of habeas corpus in a court of the United States under section 203 may petition that court to stay further detention of that person by the participating tribe. (2) Grant of stay A court shall grant a stay described in paragraph (1) if the court— (A) finds that there is a substantial likelihood that the habeas corpus petition will be granted; and (B) after giving each alleged victim in the matter an opportunity to be heard, finds by clear and convincing evidence that under conditions imposed by the court, the petitioner is not likely to flee or pose a danger to any person or the community if released. (3) Notice An Indian tribe that has ordered the detention of any person has a duty to timely notify such person of his rights and privileges under this subsection and under section 203. (f) Subject to Removal A criminal prosecution commenced in a tribal court under this section may, pursuant to section 3245 of title 18, United States Code, be removed to the United States district court embracing the place where the criminal prosecution is pending, and the district court shall have full authority to hear and determine the cause. (g) Grants to tribal governments The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)— (1) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special domestic violence criminal jurisdiction, including— (A) law enforcement (including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases); (B) prosecution; (C) trial and appellate courts; (D) probation systems; (E) detention and correctional facilities; (F) alternative rehabilitation centers; (G) culturally appropriate services and assistance for victims and their families; and (H) criminal codes and rules of criminal procedure, appellate procedure, and evidence; (2) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes a crime of domestic violence or dating violence or a criminal violation of a protection order; (3) to ensure that, in criminal proceedings in which a participating tribe exercises special domestic violence criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and (4) to accord victims of domestic violence, dating violence, and violations of protection orders rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with tribal law and custom. (h) Supplement, not supplant Amounts made available under this section shall supplement and not supplant any other Federal, State, tribal, or local government amounts made available to carry out activities described in this section. (i) Authorization of Appropriations There are authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018 to carry out subsection (g) and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes. . (b) Clerical amendment The table of sections for title II of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1301 et seq. ) is amended by inserting after the item relating to section 203 the following: Sec. 204. Tribal jurisdiction over crimes of domestic violence. . 3. Removal of criminal prosecutions (a) In general Chapter 211 of title 18, United States Code, is amended by adding at the end the following: 3245. Federal removal jurisdiction to protect the rights of defendants under section 204 of the Indian Civil Rights Act. (a) Notice of removal A defendant desiring to remove a criminal prosecution from a tribal court pursuant to section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) ) shall file in the district court of the United States for the district and division within which such prosecution is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal under subsection (b), together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. (b) Grounds for removal No criminal prosecution under section 204 of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304 ) shall be removed unless the defendant can prove by clear and convincing evidence that a right guaranteed them under section 204(d) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(d) ), has been violated, the tribal court has failed to adequately remedy the violation, and the violation is prejudicial to the defendant. (c) Requirements (1) A notice of removal of a criminal prosecution under section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) ) shall be filed not later than 30 days after the arraignment in the tribal court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time. (2) A notice of removal of a criminal prosecution under section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) ) shall include all grounds for such removal. A failure to state grounds that exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph. (3) The filing of a notice of removal of a criminal prosecution under section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) ) shall not prevent the tribal court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded. (4) The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand. (5) If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and, after such hearing, shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the tribal court in which prosecution is pending, which shall proceed no further. (d) Writ of habeas corpus If the defendant or defendants are in actual custody on process issued by the tribal court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into the marshal’s custody and deliver a copy of the writ to the clerk of such tribal court. (e) Special Assistant United States Attorneys To assist in implementing this section and section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) ) and in prosecuting crimes of domestic violence and dating violence in Indian country, each United States Attorney serving a district that includes Indian country is authorized and encouraged to appoint qualified tribal prosecutors as Special Assistant United States Attorneys pursuant to section 13(d) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2810(d) ) and section 543(a) of title 28, United States Code. . (b) Clerical amendment The table of sections for chapter 211 of title 18, United States Code, is amended by inserting after the item relating to section 3244 the following: 3245. Federal removal jurisdiction to protect the rights of defendants under section 204 of the Indian Civil Rights Act.. . | https://www.govinfo.gov/content/pkg/BILLS-113hr780ih/xml/BILLS-113hr780ih.xml |
113-hr-781 | I 113th CONGRESS 1st Session H. R. 781 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Sam Johnson of Texas (for himself and Mr. Doggett ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards.
1. Short title This Act may be cited as the Medicare Identity Theft Prevention Act of 2013 . 2. Prohibition of inclusion of Social Security account numbers on Medicare cards (a) In general Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended— (1) by moving clause (x), as added by section 1414(a)(2) of the Patient Protection and Affordable Care Act, 6 ems to the left; (2) by redesignating clause (x), as added by section 2(a)(1) of the Social Security Number Protection Act of 2010, and clause (xi) as clauses (xi) and (xii), respectively; and (3) by adding at the end the following new clause: (xiii) The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost-effective procedures to ensure that a Social Security account number (or derivative thereof) is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of title XVIII and that any other identifier displayed on such card is not identifiable as a Social Security account number (or derivative thereof). . (b) Implementation In implementing clause (xiii) of section 205(c)(2)(C) of the Social Security Act ( 42 U.S.C. 405(c)(2)(C) ), as added by subsection (a)(3), the Secretary of Health and Human Services shall establish a cost-effective process that involves the least amount of disruption to Medicare beneficiaries and health care providers. The Secretary shall consider implementing a process, similar to the process involving Railroad Retirement Board beneficiaries, under which a Medicare beneficiary identifier which is not a Social Security account number (or derivative thereof) is used external to the Department of Health and Human Services and is convertible over to a Social Security account number (or derivative thereof) for use internal to such Department and the Social Security Administration. (c) Effective date (1) In general Clause (xiii) of section 205(c)(2)(C) of the Social Security Act ( 42 U.S.C. 405(c)(2)(C) ), as added by subsection (a)(3), shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Services, but in no case shall such effective date be later than the date that is 3 years after the date of the enactment of this Act. (2) Reissuance The Secretary— (A) shall provide for the reissuance of Medicare cards that comply with the requirements of such clause not later than 3 years after the effective date specified by the Secretary under paragraph (1); and (B) may permit an individual to apply for the reissuance of a Medicare card that complies with such requirements before the date of reissuance otherwise provided under subparagraph (A) in such exceptional circumstances as the Secretary may specify. | https://www.govinfo.gov/content/pkg/BILLS-113hr781ih/xml/BILLS-113hr781ih.xml |
113-hr-782 | I 113th CONGRESS 1st Session H. R. 782 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Latta (for himself, Mr. Grimm , Mr. Bridenstine , and Mr. Duncan of Tennessee ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the estate tax and retain stepped-up basis at death.
1. Short title This Act may be cited as the Permanently Repeal the Estate Tax Act of 2013 . 2. Repeal of estate tax and retention of basis step-up Effective for estates of decedents dying after December 31, 2012, chapter 11 of the Internal Revenue Code of 1986 is repealed. | https://www.govinfo.gov/content/pkg/BILLS-113hr782ih/xml/BILLS-113hr782ih.xml |
113-hr-783 | I 113th CONGRESS 1st Session H. R. 783 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Ms. Lee of California (for herself, Mr. Conyers , Mr. Ellison , Mr. Johnson of Georgia , Mr. McGovern , Mr. Rush , Mr. Blumenauer , Mr. Dingell , Ms. McCollum , Mr. Holt , and Mr. Moran ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To enhance diplomacy with Iran to peacefully prevent Iran from acquiring nuclear weapons, and for other purposes.
1. Short title This Act may be cited as the Prevent Iran from Acquiring Nuclear Weapons and Stop War Through Diplomacy Act . 2. Findings Congress finds the following: (1) In his Nobel Peace Prize acceptance speech on December 10, 2009, President Obama said, I know that engagement with repressive regimes lacks the satisfying purity of indignation. But I also know that sanctions without outreach—and condemnation without discussion—can carry forward a crippling status quo. No repressive regime can move down a new path unless it has the choice of an open door. . (2) President Obama stated on November 14, 2012, that, With respect to Iran, I very much want to see a diplomatic resolution to the problem. I was very clear before the campaign, I was clear during the campaign and I’m now clear after the campaign—we’re not going to let Iran get a nuclear weapon. But I think there is still a window of time for us to resolve this diplomatically. We’ve imposed the toughest sanctions in history. It is having an impact on Iran’s economy. There should be a way in which they can enjoy peaceful nuclear power while still meeting their international obligations and providing clear assurances to the international community that they’re not pursuing a nuclear weapon. . (3) While the United States has engaged in direct negotiations with Iran without preconditions under the Obama Administration, official representatives of the United States and official representatives of Iran have held only two direct, bilateral meetings in over 30 years, both of which occurred in October 2009, one on the sidelines of the United Nations Security Council negotiations in Geneva, and one on the sidelines of negotiations brokered by the United Nations International Atomic Energy Agency (referred to in this Act as the IAEA ) in Vienna. (4) Resolving all of the outstanding issues between the United States and Iran cannot be achieved instantaneously and will require a robust, sustained diplomatic effort involving multilateral and bilateral negotiations. (5) Under the Department of State’s current no contact policy, officers and employees of the Department of State are not permitted to make any direct contact with official representatives of the Government of Iran without express prior authorization from the Secretary of State. (6) On September 20, 2011, then-Chairman of the Joint Chiefs of Staff Admiral Mike Mullen called for establishing direct communications with Iran, stating, I’m talking about any channel that’s open. We’ve not had a direct link of communication with Iran since 1979. And I think that has planted many seeds for miscalculation. When you miscalculate, you can escalate and misunderstand. . (7) While the International Atomic Energy Agency continues to verify the non-diversion of declared nuclear material in Iran and has inspectors and monitoring devices located at Iranian nuclear facilities, the agency has expressed concerns regarding Iran’s past and ongoing nuclear work that can only be resolved through increased transparency, more robust safeguards, and a more vigorous inspections regime. (8) On October 3, 2012, former Secretary of Defense Robert Gates stated, The results of an American or Israeli military strike on Iran could, in my view, prove catastrophic, haunting us for generations in that part of the world. , adding that [S]uch an attack would make a nuclear-armed Iran inevitable. They would just bury the program deeper and make it more covert. . 3. Statement of policy It should be the policy of the United States— (1) to prevent Iran from pursuing or acquiring a nuclear weapon and to resolve the concerns of the United States and of the international community about Iran’s nuclear program and Iran’s human rights obligations under international and Iranian law; (2) to ensure inspection of suspected prohibited cargo to or from Iran, as well as the seizure and disposal of prohibited items, as authorized by United Nations Security Council Resolution 1929 (June 9, 2010); (3) to pursue sustained, direct, bilateral negotiations with the Government of Iran without preconditions in order to reduce tensions, prevent war, prevent nuclear proliferation, support human rights, and seek resolutions to issues that concern the United States and the international community; (4) to utilize all diplomatic tools, including engaging in direct bilateral and multilateral diplomacy, leveraging sanctions, engaging in Track II diplomacy, creating a special envoy described in section 4, and enlisting the support of all interested parties to prevent a nuclear-armed Iran and to prevent war; (5) to secure an agreement that ensures Iran does not engage in nuclear weapons work and that Iran’s nuclear enrichment program is verifiably limited to civilian purposes through the implementation of robust safeguards and enhanced IAEA inspections, including through the implementation of the Additional Protocol; (6) to pursue opportunities to build mutual trust and to foster sustained negotiations in good faith with Iran and to explore areas of mutual benefit to both Iran and the United States, such as regional security, the long-term stabilization of Iraq and Afghanistan, the establishment of a framework for peaceful nuclear energy production, other peaceful energy modernization programs, and counter-narcotics efforts; and (7) that no funds appropriated or otherwise made available to any executive agency of the Government of the United States may be used to carry out any military operation or activity against Iran unless the President determines that a military operation or activity is warranted and seeks express prior authorization by Congress, as required under article I, section 8, clause 2 of the United States Constitution, which grants Congress the sole authority to declare war, except that this requirement shall not apply to a military operation or activity— (A) to directly repel an offensive military action launched from within the territory of Iran against the United States or any ally with which the United States has a mutual defense assistance agreement; (B) in hot pursuit of forces that engage in an offensive military action outside the territory of Iran against United States forces or an ally with which the United States has a mutual defense assistance agreement and then enter into the territory of Iran; or (C) to directly thwart an imminent offensive military action to be launched from within the territory of Iran against United States forces or an ally with which the United States has a mutual defense assistance agreement. 4. Appointment of high-level United States representative or special envoy (a) Appointment At the earliest possible date, the President, in consultation with the Secretary of State, shall appoint a high-level United States representative or special envoy for Iran. (b) Criteria for appointment The President shall appoint an individual under subsection (a) on the basis of such individual’s knowledge and understanding of Iran and the issues regarding Iran’s nuclear program, experience in conducting international negotiations, and ability to conduct negotiations under subsection (c) with the respect and trust of the parties involved in such negotiations. (c) Duties The high-level United States representative or special envoy for Iran shall— (1) seek to facilitate direct, unconditional, bilateral, and multilateral negotiations with Iran for the purpose of easing tensions and normalizing relations between the United States and Iran; (2) lead the diplomatic efforts of the United States with regard to Iran; (3) consult with other countries and international organizations, including countries in the region, where appropriate and when necessary to achieve the purpose specified in paragraph (1); (4) act as liaison with United States and international intelligence agencies where appropriate and when necessary to achieve the purpose specified in paragraph (1); and (5) ensure that the bilateral negotiations under paragraph (1) complement the ongoing international negotiations with Iran. 5. Duties of the secretary of state (a) Elimination of no contact policy Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall rescind the no contact policy that prevents officers and employees of the Department of State from making any direct contact with official representatives of the Government of Iran without express prior authorization from the Secretary of State. (b) Office of high-Level United States representative or special envoy Not later than 30 days after the appointment of a high-level United States representative or special envoy under section 4, the Secretary of State shall establish an office in the Department of State for the purpose of supporting the work of such representative or special envoy. 6. Reporting to Congress (a) Reports Not later than 60 days after the high-level United States representative or special envoy for Iran is appointed under section 4 and every 180 days thereafter, such United States representative or special envoy shall submit to the committees specified in subsection (b) a report on the steps that have been taken to facilitate direct, unconditional, bilateral, and multilateral negotiations with the Government of Iran under section 4(c). Each such report may, when necessary or appropriate, be submitted in classified and unclassified form. (b) Committees The committees referred to in subsection (a) are— (1) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate. 7. Authorization of appropriations There is authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2013 and 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr783ih/xml/BILLS-113hr783ih.xml |
113-hr-784 | I 113th CONGRESS 1st Session H. R. 784 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Ms. Lee of California (for herself, Mr. Blumenauer , Mr. Polis , and Mr. Farr ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act so as to exempt real property from civil forfeiture due to medical-marijuana-related conduct that is authorized by State law.
1. Short title This Act may be cited as the States’ Medical Marijuana Property Rights Protection Act . 2. Findings Congress makes the following findings: (1) 18 States and the District of Columbia have, through ballot measure or legislative action, approved the use of marijuana for medical purposes when recommended by a physician. (2) Marijuana has long-established medical uses as an effective treatment for conditions that include HIV/AIDS, multiple sclerosis, arthritis, gastro-intestinal disorders, chronic pain, and others as well. 3. Civil forfeiture exemption for marijuana facilities authorized by State law Paragraph (7) of section 511(a) of the Controlled Substances Act ( 21 U.S.C. 881(a)(7) ) is amended— (1) by striking (7) All and inserting (7)(A) Except as provided in subparagraph (B), all ; and (2) by adding at the end the following: (B) No real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements, shall be subject to forfeiture under subparagraph (A) due to medical marijuana-related conduct that is authorized by State law. . | https://www.govinfo.gov/content/pkg/BILLS-113hr784ih/xml/BILLS-113hr784ih.xml |
113-hr-785 | I 113th CONGRESS 1st Session H. R. 785 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Markey (for himself, Ms. DeLauro , Ms. Bordallo , Ms. Brown of Florida , Mr. Capuano , Ms. Edwards , Mr. Grijalva , Mr. Holt , Ms. Lee of California , Mr. Michaud , Mr. Moran , Mr. Pascrell , Ms. Schakowsky , Mr. Scott of Virginia , Ms. Slaughter , Ms. Speier , Mr. Tierney , and Mr. Watt ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To prevent excessive speculation in energy commodities, and for other purposes.
1. Short title This Act may be cited as the Halt Index Trading of Energy Commodities (HITEC) Act . 2. Findings The Congress finds the following: (1) Investment in our commodities markets has grown dramatically in recent years. While the volume of futures contracts traded in the United States was only 630,000,000 in 1998, that volume ballooned to over 3,200,000,000 in 2007. (2) According to testimony provided to the Committee on Natural Resources of the House of Representatives, this growth in volume has been accompanied by a huge increase in the percentage of commodity futures contracts owned by speculators. While physical hedgers used to account for 70 percent of futures contracts and speculators accounted for just 30 percent, those numbers have reversed, and speculators now possess 70 percent of all open commodity futures contracts. (3) Almost all of this increase in speculation has been caused by a surge in trading of commodity index funds. (4) Commodity index trading is investing in funds or other financial products which are indexed to changes in value of various commodities traded on commodity markets in the United States. These funds can be tied to a basket of different commodities or just to a single commodity. (5) Investment in funds tied to these indexes has grown enormously in the last 2 decades. According to the Commodity Futures Trading Commission, a partial tally of net long positions in United States markets in these indexes reached to over $160,000,000,000 in February 2012, and net long positions in West Texas Intermediate Crude Oil reached to over $39,000,000,000. Many of the investors in these funds are institutional clients, such as pension funds and universities. (6) The vast majority of investors in commodity index funds do not use the commodities involved. These investors are only interested in profiting from a rise in value of the commodities and must sell their interests in the commodities before the futures contracts they own close. This practice, known as rolling, causes hundreds of billions of dollars of additional trading to flow through our commodities markets each month, artificially increasing the volatility of our markets and driving up prices for many of our commodities, including crude oil. (7) Because our commodities markets are tied to the actual retail prices of our commodities, the artificial and excessive levels of speculation have significantly increased the retail prices our citizens pay for their commodities. In the case of oil, excessive speculation may have added nearly $1.00 to the per gallon price of gasoline. (8) As sharp increases in energy costs reduce economic growth, these commodity index funds are creating a weight on the overall economy, threatening to delay our Nation’s full recovery from the 2008 financial crisis and recession. (9) Thus, commodity index funds hurt economic growth and consumer’s wallets. (10) In the Dodd-Frank Wall Street Reform Act, Congress ordered the Commodity Futures Trading Commission to limit the number of positions that a person or a class of persons may hold in the commodities markets. Congress has taken initial steps to set boundaries on commodity trading, but more must be done to address the role of commodity index funds in the energy commodity markets. (11) Because oil prices have been at elevated levels for much of the last year, Congress believes the situation is an emergency and warrants immediate action to ban commodity index trading in energy commodities. 3. Prevention of excessive speculation in energy commodities Section 4c of the Commodity Exchange Act (7 U.S.C. 6c) is amended by adding at the end the following: (h) (1) (A) It shall be unlawful for a commodity index fund to engage in a transaction involving an energy commodity if any person investing in the fund is an excluded investor. (B) It shall be unlawful for an energy commodity index fund to accept an investment from a person who is an excluded investor. (C) Beginning 2 years after the date of the enactment of this subsection, it shall be unlawful for a commodity index fund to hold an investment in an energy commodity if any person investing in the fund is an excluded investor. (2) In this subsection: (A) The term commodity index fund means a fund that consists principally of swaps involving, or contracts of sale for future delivery of, more than 1 commodity, the value or level of which is based, in whole or in part, on the value or level of more than 1 commodity, and that transfers, as between the parties to the transaction, in whole or in part, the financial risk associated with a future change in any such value or level. (B) The term energy commodity index fund means a commodity index fund that consists principally of swaps involving, or contracts of sale for future delivery of, more than 1 energy commodity. (C) The term energy commodity means crude oil, natural gas, or any other product (other than an agricultural commodity) that is produced or refined, in whole or in part, from crude oil or natural gas and that may be used as fuel for a power source of any kind, but does not include electricity. (D) The term excluded investor means a person with respect to whom there is no position in at least 1 energy commodity which, if held by the person, would be considered a bona fide hedging position (within the meaning of section 4a(c)(1)). (E) The term swap shall have the meaning the term would have if the provisions of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act defining, and authorizing further definition of, the term were in effect. . | https://www.govinfo.gov/content/pkg/BILLS-113hr785ih/xml/BILLS-113hr785ih.xml |
113-hr-786 | I 113th CONGRESS 1st Session H. R. 786 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Markey (for himself and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to clarify that tar sands are crude oil for purposes of the Federal excise tax on petroleum.
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) of the Internal Revenue Code of 1986 is amended by striking and natural gasoline and inserting , natural gasoline, and tar sands . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr786ih/xml/BILLS-113hr786ih.xml |
113-hr-787 | I 113th CONGRESS 1st Session H. R. 787 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Murphy of Pennsylvania introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on the Judiciary , Energy and Commerce , Rules , the Budget , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To greatly enhance America’s path toward energy independence and economic and national security, to rebuild our Nation’s aging roads, bridges, locks, and dams, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Infrastructure Jobs and Energy Independence Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Offshore Leasing and Other Energy Provisions Subtitle A—Offshore Leasing Sec. 101. Leasing program considered approved. Sec. 102. Lease sales. Sec. 103. Seaward boundaries of States. Sec. 104. Military operations. Sec. 105. Coordination with Adjacent States. Sec. 106. Gulf of Mexico oil and gas. Sec. 107. Sharing of revenues. Sec. 108. Inventory of offshore energy resources. Sec. 109. Prohibitions on surface occupancy and other appropriate environmental safeguards. Subtitle B—Expedited Judicial Review Sec. 121. Definitions. Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil and natural gas activities. Sec. 123. Time for filing petition; standing. Sec. 124. Timetable. Sec. 125. Limitation on scope of review and relief. Sec. 126. Presidential waiver. Sec. 127. Legal fees. Sec. 128. Exclusion. Subtitle C—Other Energy Provisions Sec. 131. Policies regarding buying and building American. Title II—Modifying the Strategic Petroleum Reserve and Funding Conservation and Energy Research and Development Sec. 201. Findings. Sec. 202. Definitions. Sec. 203. Objectives. Sec. 204. Modification of the Strategic Petroleum Reserve. I Offshore Leasing and Other Energy Provisions A Offshore Leasing 101. Leasing program considered approved (a) In general The Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to in this section as the Secretary ) under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is considered to have been approved by the Secretary as a final oil and gas leasing program under that section, and is considered to be in full compliance with and in accordance with all requirements of the Outer Continental Shelf Lands Act. (b) Final environmental impact statement The Secretary is considered to have issued a final environmental impact statement for the program 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) Correction of dates The Secretary of the Interior shall update the dates and deadlines proscribed in the program described in subsection (a) to reflect the time that has passed between the date the program was issued and the date of enactment of this Act. 102. Lease sales (a) Outer continental shelf (1) In general Except as provided in paragraph (2), not later than 30 days after the date of enactment of this Act and every 270 days thereafter, the Secretary of the Interior (referred to in this section as 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. (2) 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 subsection, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall— (A) determine 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 (B) if the Secretary determines that there is a commercial interest described in subparagraph (A), conduct a lease sale in the planning area. (b) Renewable energy and mariculture The Secretary may conduct commercial lease sales of resources owned by the United States— (1) to produce renewable energy (as defined in section 203(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15852(b) )); or (2) to cultivate marine organisms in the natural habitat of the organisms. 103. Seaward boundaries of States (a) Seaward boundaries Section 4 of the Submerged Lands Act ( 43 U.S.C. 1312 ) is amended by striking three geographical miles each place it appears and inserting 9 nautical miles . (b) Conforming amendments Section 2 of the Submerged Lands Act ( 43 U.S.C. 1301 ) is amended— (1) in subsection (a)(2), by striking three geographical miles and inserting 9 nautical miles ; and (2) in subsection (b)— (A) by striking three geographical miles and inserting 9 nautical miles ; and (B) by striking three marine leagues and inserting 9 nautical miles . (c) Effect of amendments (1) In general Subject to paragraphs (2) through (4), the amendments made by this section shall not affect Federal oil and gas mineral rights and should not affect the States’ current authority within existing State boundaries. (2) Existing leases The amendments made by this section shall not affect any Federal oil and gas lease in effect on the date of enactment of this Act. (3) Taxation (A) In general A State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this section). (B) Limitation Nothing in this paragraph affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act. 104. Military operations The Secretary shall consult with the Secretary of Defense regarding military operations needs in the Outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise between such operations and leasing under this section. If the Secretaries are unable to resolve all such conflicts, any unresolved issues shall be referred by the Secretaries to the President in a timely fashion for immediate resolution. 105. Coordination with Adjacent States Section 19 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1345 ) is amended— (1) in subsection (a) in the first sentence by inserting , for any tract located within the Adjacent State’s Adjacent Zone, after government ; and (2) by adding the following: (f) (1) Prior to issuing a permit or approval for the construction of a pipeline to transport crude oil, natural gas or associated liquids production withdrawn from oil and gas leases on the outer Continental Shelf, a Federal agency must seek the concurrence of the Adjacent State if the pipeline is to transit the Adjacent State’s Adjacent Zone between the outer Continental Shelf and landfall. No State may prohibit construction of such a pipeline within its Adjacent Zone or its State waters. However, an Adjacent State may require routing of such a pipeline to one of two alternate landfall locations in the Adjacent State, designated by the Adjacent State, located within 60 miles on either side of a proposed landfall location. (2) In this subsection: (A) The term Adjacent State means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. For purposes of this subparagraph, the term State includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and the other territories of the United States. (B) The term Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States. . 106. Gulf of Mexico oil and gas (a) Repeal Section 104 of division C of the Tax Relief and Health Care Act of 2006 (Public Law 109–432; 120 Stat. 3003) is repealed. (b) Leasing plan for the Eastern Gulf of Mexico Pursuant to sections 101 and 102 of this Act, the Secretary of the Interior shall issue a final leasing plan for the Eastern Gulf of Mexico within 180 days after the date of enactment of this Act for all areas where there exists commercial interest in purchasing Federal oil and gas leases for production. 107. Sharing of revenues (a) In general Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— (1) in paragraph (2) by striking Notwithstanding and inserting Except as provided in paragraph (6), and notwithstanding ; (2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9); and (3) by inserting after paragraph (5) the following: (6) Bonus bids and royalties under qualified leases (A) New leases Of amounts received by the United States as bonus bids, royalties, rentals, and other sums collected under any new qualified lease on submerged lands made available for leasing under this Act by the enactment of the Infrastructure Jobs and Energy Independence Act — (i) 30 percent shall be paid to the States that are producing States with respect to those submerged lands that are located within the seaward boundaries of such a State established under section 4(a)(2)(A); (ii) 10 percent shall be deposited in the general fund of the Treasury used solely for paying off the national debt; and (iii) 60 percent shall be deposited in the Infrastructure Renewal Reserve established by paragraph (7). (B) Leased tract that lies partially within the seaward boundaries of a state In the case of a leased tract that lies partially within the seaward boundaries of a State, the amounts of bonus bids and royalties from such tract that are subject to subparagraph (A)(ii) with respect to such State shall be a percentage of the total amounts of bonus bids and royalties from such tract that is equivalent to the total percentage of surface acreage of the tract that lies within such seaward boundaries. (C) Use of payments to states Amounts paid to a State under subparagraph (A)(ii) shall be used by the State for one or more of the following: (i) Education. (ii) Transportation. (iii) Coastal restoration, environmental restoration, and beach replenishment. (iv) Energy infrastructure. (v) Renewable energy development. (vi) Energy efficiency and conservation. (vii) Any other purpose determined by State law. (D) Definitions In this paragraph: (i) Adjacent state The term Adjacent State means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. (ii) Adjacent zone The term Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States. (iii) Producing state The term producing State means an Adjacent State having an Adjacent Zone containing leased tracts from which are derived bonus bids and royalties under a lease under this Act. (iv) State The term State includes Puerto Rico and the other territories of the United States. (v) Qualified lease The term qualified lease means a natural gas or oil lease made available under this Act granted after the date of the enactment of the Infrastructure Jobs and Energy Independence Act , for an area that is available for leasing as a result of enactment of section 101 of that Act. (E) Application This paragraph shall apply to bonus bids and royalties received by the United States under qualified leases after implementation of sections 105 and 106 of the Infrastructure Jobs and Energy Independence Act . (F) Existing revenues All revenues including revenues, including bonus bids, royalties, rentals, and other sums, collected from leases issued under this Act prior to the enactment Infrastructure Jobs and Energy Independence Act , shall not be affected by the provisions of that Act. (7) Establishment of reserve accounts (A) In general For budgetary purposes, there is established as a separate account to receive deposits under paragraph (6)(A)— (i) the Infrastructure Renewal Reserve which shall be applied to offset the costs of— (I) Federal-aid highway and highway safety construction programs carried out by the Secretary of Transportation; (II) public transportation programs carried out by the Secretary of Transportation; (III) water resources development construction projects carried out by the Secretary of the Army (acting through the Chief of Engineers); and (IV) legislation enacted after the date of the enactment of the Infrastructure Jobs and Energy Independence Act for purposes of investment in transportation infrastructure; and (ii) the Clean Water Reserve, to first, offset the cost of construction programs under the Clean Water Act or the 1996 Amendments to the Safe Drinking Water Act that provide assistance, such as grants, matching grants, and no- and low-interest loans, to State, county, and local governments to rebuild and modernize clean water and sewage infrastructure. (B) Deposit of balance from SPR Petroleum Account In addition to deposits under paragraph (6)(A), the Secretary shall transfer to the Infrastructure Renewal Reserve the balance of funds in the SPR Petroleum Account on the date of enactment of this Act in excess of $10,000,000. (C) Procedure for adjustments (i) Budget committee chairman After the reporting of a bill or joint resolution, or the offering of an amendment thereto or the submission of a conference report thereon, providing funding for the purposes set forth in clause (i) or (ii) of subparagraph (A) in excess of the sum of amount of the deposits under paragraph (6)(A) for those purposes for fiscal year 2013 and funds deposited under subparagraph (B) of this paragraph, the chairman of the Committee on the Budget of the applicable House of Congress shall make the adjustments set forth in clause (ii) for the amount of new budget authority and outlays in that measure and the outlays flowing from that budget authority. (ii) Matters to be adjusted The adjustments referred to in clause (i) are to be made to— (I) the discretionary spending limits, if any, set forth in the appropriate concurrent resolution on the budget; (II) the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) of the Congressional Budget Act of 1974; and (III) the budget aggregates contained in the appropriate concurrent resolution on the budget as required by section 301(a) of the Congressional Budget Act of 1974. (iii) Amounts of adjustments The adjustments referred to in clauses (i) and (ii) shall not exceed the receipts estimated by the Congressional Budget Office that are attributable to this Act for the fiscal year in which the adjustments are made. (8) Maintenance of effort by States The Secretary of the Interior, the Secretary of Health and Human Services, the Secretary of Energy, and any other Federal official with authority to implement legislation referred to in paragraph (6)(A) shall ensure that financial assistance provided to a State under that legislation for any purpose with amounts made available under this subsection or in any legislation with respect to which paragraph (7) applies supplement, and do not replace, the amounts expended by the State for that purpose before the date of the enactment of the Infrastructure Jobs and Energy Independence Act . (9) Distributions for Federal-aid highway or highway safety construction program To the extent practicable, amounts made available for a Federal-aid highway or highway safety construction program, the costs of which are offset by application of the Infrastructure Renewal Reserve, shall be distributed using the apportionment formula that applies to that program. . (b) Establishment of State Seaward Boundaries Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(a)(2)(A) ) is amended in the first sentence by striking , and the President and all that follows through the end of the sentence and inserting the following: . Such extended lines are deemed to be as indicated on the maps for each Outer Continental Shelf region entitled Alaska OCS Region State Adjacent Zone and OCS Planning Areas , Pacific OCS Region State Adjacent Zones and OCS Planning Areas , Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas , and Atlantic OCS Region State Adjacent Zones and OCS Planning Areas , all of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service. The preceding sentence shall not apply with respect to the treatment under section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ) of qualified outer Continental Shelf revenues deposited and disbursed under subsection (a)(2) of that section. . 108. Inventory of offshore energy resources (a) In general The Secretary of the Interior (in this section referred to as the Secretary ) shall promptly prepare an inventory of offshore energy resources of the United States, including through conduct of geological and geophysical explorations by private industry in all of the United States outer Continental Shelf areas of the Atlantic Ocean and the Pacific Ocean under part 251 of title 30, Code of Federal Regulations (or successor regulations). (b) Environmental studies Not later than 180 days after the date of enactment of this Act, the Secretary shall complete any environmental studies necessary to gather information essential to an accurate inventory, including geological and geophysical explorations under part 251 of title 30, Code of Federal Regulations (or successor regulations). (c) Effect on oil and gas leasing No inventory that is conducted under this section or any other Federal law (including regulations) shall restrict, limit, delay, or otherwise adversely affect— (1) the development of any Outer Continental Shelf leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ); or (2) any leasing, exploration, development, or production of any Federal offshore oil and gas leases. (d) Funding (1) In general The Secretary of the Treasury shall make a one-time transfer to the Secretary, without further appropriation and from royalties collected by the United States in conjunction with the production of oil and gas, of such sums as are necessary for the Secretary to carry out this section. (2) Limitation The amount transferred under paragraph (1) shall not exceed $50,000,000. 109. Prohibitions on surface occupancy and other appropriate environmental safeguards (a) Regulations (1) In general (A) environmental safeguards The Secretary of the Interior shall promulgate regulations that establish appropriate environmental safeguards for the exploration and production of oil and natural gas on the outer Continental Shelf. (B) Safety protocols All operations, including under any permit issued pursuant to an application for a permit to drill or an application for a permit to sidetrack, that has been approved by the Minerals Management Service or the Bureau of Ocean Energy Management, Regulation and Enforcement, for purposes of outer Continental Shelf energy exploration or development and production, shall be carried out in accordance with the safety protocols contained in part 250 of title 30, Code of Federal Regulations. (2) Requirements The regulations shall include provisions ensuring that— (A) no surface facility shall be installed for the purpose of production of oil or gas resources in any area that is within 10 miles from the shore of any coastal State, in any area of the outer Continental Shelf that has not previously been made available for oil and gas leasing; (B) only temporary surface facilities are installed for areas that are located— (i) beyond 10 miles from the shore from the shore of any coastal State, in any area of the Outer Continental Shelf that has not previously been made available for oil and gas leasing; and (ii) not more than 20 miles from the shore; (C) the impact of offshore production facilities on coastal vistas is otherwise mitigated; and (D) onshore facilities that are able to draw upon the resources of the outer Continental Shelf within 10 miles of shore are allowed. (b) Conforming amendment Section 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 ( Public Law 109–54 ; 119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 )) is amended by inserting and any other area that the Secretary of the Interior may offer for leasing, preleasing, or any related activity under section 104 of that Act after 2006) . B Expedited Judicial Review 121. Definitions In this subtitle: (1) Authorizing leasing statute The term authorizing leasing statute means the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ), and any other law of the United States directing or authorizing the leasing of Federal lands for oil and gas production or transmission. (2) Covered oil and natural gas activity The term covered oil and natural gas activity means— (A) the leasing of any lands pursuant to an authorizing leasing statute for the exploration, development, production, processing, or transmission of oil, natural gas, or associated hydrocarbons, including actions or decisions relating to the selection of which lands may or shall be made available for such leasing; and (B) any activity taken or proposed to be taken pursuant or in relation to such leases, including their suspension, and any environmental analyses relating to such activity. 122. Exclusive jurisdiction over causes and claims relating to covered oil and natural gas activities Notwithstanding any other provision of law, any Federal action approving any covered oil and natural gas activity shall be subject to judicial review only— (1) in the United States Court of Appeals for the District of Columbia Circuit; and (2) after the person filing a petition seeking such judicial review has exhausted all available administrative remedies with respect to such Federal action. 123. Time for filing petition; standing (a) In general All petitions referred to in section 122 must be filed within 30 days after the latter of the challenged Federal action or the exhaustion of all available administrative remedies with respect to such Federal action. A claim or challenge shall be barred unless it is filed within the time specified. (b) Standing No person whose legal rights will not be directly and adversely affected by the challenged action, and who is not within the zone of interest protected by each Act under which the challenge is brought, shall have standing to file any petition referred to in section 122. 124. Timetable The United States Court of Appeals for the District of Columbia Circuit shall complete all judicial review, including rendering a judgment, before the end of the 120-day period beginning on the date on which a petition referred to in section 122 is filed, unless all parties to such proceeding agree to an extension of such period. 125. Limitation on scope of review and relief (a) Administrative findings and conclusions In any judicial review referred to in section 122, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record. (b) Limitation on prospective relief In any judicial review referred to in section 122, the Court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned. 126. Presidential waiver Notwithstanding any other provision of law, the President may waive any legal requirement relating to the approval of any covered oil and natural gas activity if the President determines in the President’s sole discretion that such activity is important to the national interest and outweighs such legal requirement. 127. Legal fees Any person filing a petition referred to in section 122 who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust. 128. Exclusion Section 122 shall not apply to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof. C Other Energy Provisions 131. Policies regarding buying and building American (a) Intent of Congress It is the intent of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America’s workforce to assist in the development of energy from domestic sources. Moreover, the Congress intends to monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. (b) Safeguard for extraordinary ability Section 30(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(a) ) is amended in the matter preceding paragraph (1) by striking regulations which and inserting regulations that shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4 of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that . (c) Work standards All construction, repair, or alteration of public buildings and public works of the Government and buildings or works financed or otherwise assisted in whole or in part under this Act by a loan, loan guarantee, grant, annual contribution, credit enhancement, or any other form of Federal assistance authorized under this Act shall be performed in accordance with the standards applicable to comparable activity under any other provision of law, without regard to the form or type of Federal assistance provided thereunder. II Modifying the Strategic Petroleum Reserve and Funding Conservation and Energy Research and Development 201. Findings Congress finds the following: (1) The Strategic Petroleum Reserve (SPR) was created by Congress in 1975, to protect the Nation from any future oil supply disruptions. When the program was established, United States refiners were capable of handling light crude and medium crude and the makeup of the SPR matched this capacity. This is not the case today. (2) A GAO analysis found that nearly half of the refineries considered vulnerable to supply disruptions are not compatible with the types of oil currently stored in the SPR and would be unable to maintain normal refining capacity if forced to rely on SPR oil as currently constituted, thereby reducing the effectiveness of the SPR in the event of a supply disruption. GAO concluded that the SPR should be comprised of at least 10 percent heavy crude. (3) This Act implements the GAO recommendation and dedicates funds received from the transactions to existing energy conservation, research, and assistance programs. 202. Definitions In this title— (1) the term light grade petroleum means crude oil with an API gravity of 35 degrees or higher; (2) the term heavy grade petroleum means crude oil with an API gravity of 26 degrees or lower; and (3) the term Secretary means the Secretary of Energy. 203. Objectives The objectives of this title are as follows: (1) To modernize the composition of the Strategic Petroleum Reserve to reflect the current processing capabilities of refineries in the United States. (2) To provide increased funding to accelerate conservation, energy research and development, and assistance through existing programs. 204. Modification of the Strategic Petroleum Reserve Notwithstanding section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ), the Secretary shall publish a plan not later than 30 days after the date of enactment of this Act to— (1) exchange as soon as possible light grade petroleum from the Strategic Petroleum Reserve, in an amount equal to 10 percent of the total number of barrels of crude oil in the Reserve as of the date of enactment of this Act, for an equivalent volume of heavy grade petroleum plus any additional cash bonus bids received that reflect the difference in the market value between light grade petroleum and heavy grade petroleum and the timing of deliveries of the heavy grade petroleum; (2) from the gross proceeds of the cash bonus bids, deposit the amount necessary to pay for the direct administrative and operational costs of the exchange into the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation Act ( 42 U.S.C. 6247 ); and (3) deposit 90 percent of the remaining net proceeds from the exchange into the Infrastructure Renewal Reserve established in section 107. | https://www.govinfo.gov/content/pkg/BILLS-113hr787ih/xml/BILLS-113hr787ih.xml |
113-hr-788 | I 113th CONGRESS 1st Session H. R. 788 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Nadler introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to enter into an agreement with the Battery Conservancy to construct and operate a performance facility at Castle Clinton National Monument, and for other purposes.
1. Short title This Act may be cited as the Castle Clinton National Monument and Battery Castle Clinton National Monument and Battery Conservancy Partnership Act . 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. (2) Battery Conservancy The term Battery Conservancy means the battery Conservancy of New York City, New York, a 501(c)(3) organization, or a successor not-for-profit organization. (3) Monument The term Monument means the Castle Clinton National Monument in New York City, New York. (4) Facility The term Facility means the proposed performance facility and associated structures and fixtures described in the 1997 General Management Pan for the Castle Clinton National Monument. 3. Agreement (a) In general The Secretary is authorized to enter into one or more agreements with the Battery Conservancy providing for the design, construction, maintenance, and operation of the Facility. (b) Terms and conditions Any agreement entered into under subsection (a) shall assure that— (1) the Battery Conservancy is solely responsible for all costs of design and construction of the Facility; (2) the Battery Conservancy is solely responsible for all costs of operating and maintaining the Facility, except as may be otherwise agreed to by the Secretary; (3) the Battery Conservancy shall reimburse the National Park Service for all National Park Service costs incurred in association with the Battery Conservancy’s activities at the Facility, including the cost of providing security, utilities, and inspections; (4) the Battery Conservancy may conduct, or allow others to conduct, performances and educational programs at the Facility, as the Secretary determines appropriate; (5) the Battery Conservancy may sell performance tickets and conduct related revenue-generating activities at the Monument such as sales of food, beverages, and merchandise in such a manner and at such rates as the Secretary determines appropriate; (6) any proceeds received by the Battery Conservancy from the revenue-generating activities described in this subsection shall be, as determined by the Secretary in consultation with the Battery Conservancy— (A) used by the Battery Conservancy for operation and maintenance of the Facility; (B) held in reserve, in an interest-bearing account, by the Battery Conservancy to pay future operational and maintenance costs; (C) used by the Battery Conservancy for other Monument-related activities; or (D) transferred to the National Park Service for use in operating, maintaining, enhancing, or interpreting the Monument; (7) the National Park Service has exclusive use of the Facility during normal Monument operating hours, except as otherwise agreed to by the Secretary; and (8) the resources of the Monument, and the public interest, are protected through any terms and conditions that the Secretary deems necessary. 4. Retention of funds for park purposes The Secretary is authorized to retain and use until expended, without further appropriation, any funds that are received by the Secretary from the Battery Conservancy in accordance with this Act, for the purposes of operating, maintaining, enhancing, or interpreting the Monument. 5. Interpretive and educational programs Notwithstanding the Federal Grant and Cooperative Agreement Act of 1977 ( 31 U.S.C. 6301–6308 ), the Secretary may enter into a cooperative agreement with the Battery Conservancy for interpretive and educational programming related to the Monument, which may include operation and maintenance costs of the Facility related to such programming. 6. Ownership and administration of facility (a) Ownership The Facility shall be owned by the United States and at no time shall the Battery Conservancy have any ownership interest, leasehold interest, or other right or interest in the Facility. (b) Administration The Facility shall be administered by the National Park Service as part of the Monument and shall be subject to all laws, regulations, and policies applicable to the Monument except as otherwise provided this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr788ih/xml/BILLS-113hr788ih.xml |
113-hr-789 | I 113th CONGRESS 1st Session H. R. 789 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Neal (for himself, Mr. Levin , Mr. Rangel , Mr. McDermott , Mr. Lewis , Mr. Becerra , Mr. Thompson of California , Mr. Larson of Connecticut , Mr. Blumenauer , Mr. Kind , Mr. Pascrell , Mr. Crowley , Ms. Schwartz , Mr. Danny K. Davis of Illinois , and Ms. Linda T. Sánchez of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permanently extend the tax treatment for certain build America bonds, and for other purposes.
1. Short title This Act may be cited as the Build America Bonds Act of 2013 . 2. Build America Bonds made permanent (a) In general Subparagraph (B) of section 54AA(d)(1) of the Internal Revenue Code of 1986 is amended by inserting or during a period beginning on or after the date of the enactment of the Build America Bonds Act of 2013 , after January 1, 2011, . (b) Reduction in credit percentage to bondholders Subsection (b) of section 54AA of such Code is amended to read as follows: (b) Amount of credit (1) In general The amount of the credit determined under this subsection with respect to any interest payment date for a build America bond is the applicable percentage of the amount of interest payable by the issuer with respect to such date. (2) Applicable percentage For purposes of paragraph (1), the applicable percentage shall be determined under the following table: In the case of a bond issued The applicable during calendar year: percentage is: 2009 or 2010 35 2013 32 2014 31 2015 30 2016 29 2017 and thereafter 28. . (c) Extension of payments to issuers (1) In general Section 6431 of such Code is amended— (A) by inserting or during a period beginning on or after the date of the enactment of the Build America Bonds Act of 2013 , after January 1, 2011, in subsection (a), and (B) by striking before January 1, 2011 in subsection (f)(1)(B) and inserting during a particular period . (2) Conforming amendments Subsection (g) of section 54AA of such Code is amended— (A) by inserting or during a period beginning on or after the date of the enactment of the Build America Bonds Act of 2013 , after January 1, 2011, , and (B) by striking qualified bonds issued before 2011 in the heading and inserting certain qualified bonds . (d) Reduction in percentage of payments to issuers Subsection (b) of section 6431 of such Code is amended— (1) by striking The Secretary and inserting the following: (1) In general The Secretary , (2) by striking 35 percent and inserting the applicable percentage , and (3) by adding at the end the following new paragraph: (2) Applicable percentage For purposes of this subsection, the term applicable percentage means the percentage determined in accordance with the following table: In the case of a qualified bond The applicable issued during calendar year: percentage is: 2009 or 2010 35 2013 32 2014 31 2015 30 2016 29 2017 and thereafter 28. . (e) Current refundings permitted Subsection (g) of section 54AA of such Code is amended by adding at the end the following new paragraph: (3) Treatment of current refunding bonds (A) In general For purposes of this subsection, the term qualified bond includes any bond (or series of bonds) issued to refund a qualified bond if— (i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. (B) Applicable percentage In the case of a refunding bond referred to in subparagraph (A), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. (C) Determination of average maturity For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). (D) Issuance restriction not applicable Subsection (d)(1)(B) shall not apply to a refunding bond referred to in subparagraph (A). . (f) Clarification related to levees and flood control projects Subparagraph (A) of section 54AA(g)(2) of such Code is amended by inserting (including capital expenditures for levees and other flood control projects) after capital expenditures . (g) Gross-Up of payment to issuers in case of sequestration In the case of any payment under section 6431(b) of the Internal Revenue Code of 1986 made after the date of the enactment of this Act to which sequestration applies, the amount of such payment shall be increased to an amount equal to— (1) such payment (determined before such sequestration), multiplied by (2) the quotient obtained by dividing 1 by the amount by which 1 exceeds the percentage reduction in such payment pursuant to such sequestration. For purposes of this subsection, the term sequestration means any reduction in direct spending ordered in accordance with a sequestration report prepared by the Director of the Office and Management and Budget pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory Pay-As-You-Go Act of 2010. (h) Effective date The amendments made by this section shall apply to obligations issued on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr789ih/xml/BILLS-113hr789ih.xml |
113-hr-790 | I 113th CONGRESS 1st Session H. R. 790 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Peters of Michigan (for himself, Mr. Bishop of New York , and Mr. McNerney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to require the disclosure of the total number of a company’s domestic and foreign employees.
1. Short title This Act may be cited as the Outsourcing Accountability Act of 2013 . 2. Required disclosure of number of domestic and foreign employees Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following new subsection: (s) Disclosure of number of domestic and foreign employees (1) In general Beginning the first full fiscal year that begins after the date of enactment of this subsection, each issuer required to file reports with the Commission pursuant to subsection (a) shall disclose annually to the Commission and to shareholders— (A) the total number of employees of the issuer and each consolidated subsidiary of the issuer who are domiciled in the United States and listed by number in each State; (B) the total number of such employees physically working in and domiciled in any country other than the United States, listed by number in each country; and (C) the percentage increase or decrease in the numbers required under subparagraphs (A) and (B) from the previous reporting year. (2) Exemptions (A) Newer public companies An issuer shall not be subject to the requirement under paragraph (1) for the first 5 years after the issuer is first required to file reports with the Commission pursuant to subsection (a). (B) Smaller companies An issuer that had total annual gross revenues of less than $1,000,000,000 during its most recently completed fiscal year shall not be subject to the requirement under paragraph (1). (3) Regulations The Commission may promulgate such regulations as it considers necessary to implement the requirement set forth in paragraph (1). . | https://www.govinfo.gov/content/pkg/BILLS-113hr790ih/xml/BILLS-113hr790ih.xml |
113-hr-791 | I 113th CONGRESS 1st Session H. R. 791 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Polis (for himself and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend titles I and II of the Elementary and Secondary Education Act of 1965 to strengthen connections to early childhood education programs, and for other purposes.
1. Short title This Act may be cited as the Continuum of Learning Act of 2013 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Findings. TITLE I—Improving the academic achievement of the disadvantaged Sec. 101. Statement of purpose. Sec. 102. School improvement. Sec. 103. State plans. Sec. 104. Local educational agency plans. Sec. 105. Academic assessment and local educational agency and school improvement. Sec. 106. Qualifications for teachers and paraprofessionals. Sec. 107. Coordination requirements. Sec. 108. Prohibited use of assessments for young children. TITLE II—Preparing, training, and recruiting high-quality teachers and principals Sec. 201. Purpose. Sec. 202. State applications. Sec. 203. State use of funds. Sec. 204. Local applications and needs assessment. Sec. 205. Local use of funds. Sec. 206. Definitions. Sec. 207. Use of funds for eligible partnerships. TITLE III—Miscellaneous Sec. 301. Definitions. 3. References 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 Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). 4. Findings Congress finds the following: (1) Research conclusively shows that children's experiences in the early years of life influence the developing brain and have a significant and lasting impact upon their ability to succeed in school and in life. (2) All children deserve access to high-quality early childhood education programs that support their social, emotional, and cognitive development and help prepare them to enter school ready to learn. (3) Research conclusively shows that high-quality early childhood education programs lead to an increase in positive outcomes for children in multiple arenas, including— (A) improved socialization skills; (B) higher early reading and early mathematics skills; (C) decreased grade retention; (D) decreased special education or remedial education services, or both; (E) decreased involvement with the juvenile justice system; (F) increased likelihood that children will graduate from high school; and (G) increased likelihood of employment, thus helping support America’s long-term national economic strength. (4) High-quality early childhood education programs provide parents the means to work and be financially responsible for their families. (5) Research conclusively shows the cost-effectiveness of investments in high-quality early childhood education programs, with cost savings ranging from $7 to $17 for every dollar invested. (6) Aligning and connecting Federal and State early education efforts with the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is critical to establishing quality care and learning opportunities for children, beginning at birth and continuing through adulthood, thereby closing the achievement gap, and improving high school graduation rates and college enrollment rates. (7) Utilizing existing partnerships, as well as instituting new partnerships, between high-quality early childhood education programs, particularly in high-need communities, and elementary schools will provide opportunities for meaningful transitions for children and result in a successful elementary and secondary education experience. (8) Under section 1112(b)(1)(K) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312(b)(1)(K) ), local educational agencies may, but are not required to, support preschool-age and younger children through direct services or subcontracts with Head Start or other early childhood programs, but more effort is required to ensure that early learning programs and elementary schools are meeting the educational needs of young children. (9) There is widespread acknowledgment among experts on child education that prior to entrance in kindergarten, and in the early grades, children remain on a path of development that requires attention to and support for their emotional, social, and physical development and their creativity, curiosity and tenacity. (10) Better alignment between early childhood education programs and elementary schools, and greater support for elementary school leadership in instituting more developmentally appropriate and comprehensive learning approaches for young children, are widely acknowledged within the education community as areas ripe for improvement that would lead to better outcomes for children. (11) Through several laws enacted in the past 2 decades, Congress has signified its interest in ensuring that young children’s learning opportunities are enhanced by requiring States to develop and implement guidelines and standards to support developmentally appropriate instruction across comprehensive domains of learning. I Improving the academic achievement of the disadvantaged 101. Statement of purpose Section 1001 (20 U.S.C. 6301) is amended— (1) in paragraph (1)— (A) by inserting and other types of after high-quality academic ; (B) by inserting developmentally appropriate after challenging ; and (C) by inserting and other learning after State academic ; (2) in paragraph (3), by inserting between students who are children with disabilities and students without disabilities, after minority and nonminority students, ; (3) in paragraph (6), by inserting and other early learning guidelines after content standards ; and (4) in paragraph (11), by inserting with community-based providers of early childhood education programs, after educational services, . 102. School improvement Section 1003(c) ( 20 U.S.C. 6303(c) ) is amended— (1) in paragraph (2), by striking and after the semicolon; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by adding at the end the following: (4) with respect to the elementary schools served by the local educational agencies, demonstrate a commitment to long-term, high-quality, evidence-based strategies for school improvement through coordination with early childhood education programs and, if available, early childhood home visitation programs, as described under section 511 of the Social Security Act (42 U.S.C. 711). . 103. State plans Section 1111 (20 U.S.C. 6311) is amended— (1) in subsection (a)(1), by striking and parents, and inserting parents, the State Advisory Council on Early Childhood Education and Care designated or established under section 642B of the Head Start Act and preschool through grade 20 (P–20) councils, to the extent that such councils exist, and other community-based providers of early childhood education programs, ; (2) in subsection (b)(1)— (A) in subparagraph (A), by striking standards and challenging student academic achievement standards and inserting standards, student academic achievement standards, and other learning standards (such as social, emotional, and physical development and approaches to learning for children in the early elementary grades and younger children) that are challenging and grounded in the appropriate developmental expectations for children and youth, ; (B) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (C) by inserting after subparagraph (D) the following: (E) Early learning guidelines and early grades standards Not later than 3 years after the date of enactment of the Continuum of Learning Act of 2013 , the State shall carry out the following: (i) Early learning guidelines In collaboration and agreement with the State Advisory Council on Early Childhood Education and Care designated or established under section 642B of the Head Start Act, the State agency designated to administer State programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), and the State educational agency, shall complete a review and create or revise, as necessary, the State's early learning guidelines for young children in order to promote developmentally appropriate, high-quality programs so that the guidelines— (I) address infants, toddlers, and preschool age children; (II) are developed in all domains of child development and learning, as appropriate, for each age group (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning); (III) reflect research and evidence-based developmental and learning expectations, including the foundation for and progression in how children develop and learn the requisite skills and content forward from one stage to the next, including what children should know and be able to do; (IV) address cultural, linguistic, and ability diversity of young children; (V) can inform teaching practices, improve professional development, and support quality services in early childhood education programs; (VI) are disseminated to parents, educators, and other stakeholders; and (VII) for preschool age children, appropriately assist in the transition of such children to kindergarten; and (ii) early learning standards Review and revise, as needed, standards for kindergarten through grade 3 to ensure that such standards— (I) are developed in all domains of child development and learning (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning); (II) reflect research and evidence-based development and learning expectations for each level and address cultural, linguistic, and ability-level diversity; and (III) across grade levels, reflect progression in how children develop and learn the requisite skills and content from earlier grades forward, including preschool. ; (3) in subsection (c)— (A) in paragraph (13), by striking and after the semicolon; (B) in paragraph (14), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (15) using funds under this part, the State educational agency will develop a plan to encourage local educational agencies and individual elementary schools that are participating in a program assisted under this part to offer early childhood education programs from birth to the age of mandatory school entry in schools and other settings, such as child care or Early Head Start or Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ), by disseminating information through publications, conferences, and other events, that describe how such funds may best be used to support such early childhood education programs and evidence-based and promising early childhood home visitation programs, as described under section 511 of the Social Security Act (42 U.S.C. 711). ; (4) in subsection (d)— (A) in paragraph (1), by striking and after the semicolon; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) reflect the diversity of family cultures, structures, and languages. ; (5) in subsection (h)(2)(B)(i)— (A) in subclause (I), by striking and after the semicolon; and (B) by adding at the end the following: (III) information that shows how children younger than the mandatory age of school entry are served directly by the local educational agency, or through contract or other collaboration with early childhood programs, including early childhood home visitation programs, as described under section 511 of the Social Security Act ( 42 U.S.C. 711 ), including— (aa) the number of children served, disaggregated by income, race, and disability status; (bb) a description of the services received; and (cc) the amount each local educational agency spent using grant funds awarded under this title on services for such children; and ; and (6) by striking subsection (l) and inserting the following: (l) Construction (1) Student Promotion or Graduation Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. (2) Compulsory Education and Special Education Services Nothing in this title shall be construed to limit a child's right to compulsory education under State law, or to special education and related services under the Individuals with Disabilities Education Act. . 104. Local educational agency plans Section 1112 ( 20 U.S.C. 6312 ) is amended as follows: (1) General plan provisions Subsection (b)(1) is amended as follows: (A) Joint professional development In subparagraph (D), by inserting and joint high-quality, evidence-based professional development between preschool through grade 3 teachers in Head Start programs and, as feasible, other community-based early childhood education programs, after teachers and principals, . (B) Ready school needs review By amending subparagraph (E) to read as follows: (E) a description of how the local educational agency will assist each elementary school that is served by the local educational agency and that receives assistance under this part, in conducting, not less often than once every 3 years (depending on the needs of the school), a ready school needs review that— (i) will be used by the school in developing and implementing policies and procedures that create a school environment and classroom practices that— (I) support each child in meeting State and grade level expectations and challenges, including the academic content standards and academic achievement standards under section 1111(b); and (II) support successful transitions for children; and (ii) includes, at a minimum, the needs of the school regarding— (I) the use of developmentally appropriate (including culturally and linguistically appropriate) curricula, classroom materials, teaching practices, instructional assessments, and accommodations; (II) appropriate services and supports for children with disabilities and children who are limited English proficient; (III) family and community engagement policies and practices; (IV) building and maintaining a school climate that supports positive development and learning; (V) leadership and support for school staff, including— (aa) professional development for elementary school principals, other school leaders, teachers, and specialized instructional support personnel in the development and learning of young children and developmentally appropriate practice; (bb) the assignment of teachers based on degrees and certification or licensure for teaching children in prekindergarten through grade 3 and appropriate student-to-teacher ratios for such children; and (cc) teacher and student interactions in the classroom that improve instruction and learning; and (VI) outreach and collaboration with— (aa) early childhood care and education providers in the school attendance area, including ongoing channels of communication on— (AA) issues relating to continuity of high-quality, developmentally appropriate, and well-aligned standards, curricula, classroom practices, and instructional assessment and supports; (BB) transitions between program settings; and (CC) other services to support learning and development; and (bb) other providers of services that support learning and development, such as nutrition, health, and mental health services; . (C) Allowable use By striking subparagraph (K) and inserting the following: (K) if appropriate, a description of how the local educational agency will use funds under this part to support educational and developmental opportunities for young children from birth to the age of mandatory school entry through early childhood education programs, including providing full-day and full-year services, or early childhood home visitation programs, as described under section 511 of the Social Security Act (42 U.S.C. 711); . (2) Not an evaluation under IDEA Subsection (b)(2) is amended— (A) in subparagraph (B), by striking the period at the end and inserting ; and ; and (B) by adding at the end the following: (C) to constitute, or construed to constitute, an evaluation required under the Individuals with Disabilities Education Act. . (3) Consultation By striking paragraph (1) of subsection (d) and inserting the following: (1) Consultation Each local educational agency plan shall be developed in consultation with— (A) teachers, principals, and administrators (including administrators of programs described in other parts of this title); (B) other appropriate school personnel; (C) parents of children in schools served under this part; and (D) local early childhood councils and representatives of community-based early childhood education programs, such as Head Start, State-funded prekindergarten programs, early intervention programs, and child care providers. . 105. Academic assessment and local educational agency and school improvement Section 1116(c)(7)(A) ( 20 U.S.C. 6316(c)(7) ) is amended— (1) by redesignating clauses (vi), (vii), and (viii), as clauses (vii), (viii), and (ix) respectively; and (2) by inserting after clause (v) the following: (vi) coordinate, as appropriate, services for children before the age of mandatory school entry, who are enrolled in an early childhood education program. . 106. Qualifications for teachers and paraprofessionals Section 1119(a)(1) ( 20 U.S.C. 6319(a)(1) ) is amended by inserting and to the extent feasible, starting with the 2015–2016 school year, that teachers placed in classrooms to teach children in the early grades of elementary school have a specialized early childhood education teaching license, credential, or endorsement before the period. 107. Coordination requirements Section 1120B (20 U.S.C. 6322) is amended to read as follows: 1120B. Coordination requirements (a) In general Each local educational agency receiving assistance under this part shall— (1) coordinate, as feasible, with early childhood education programs to carry out the activities described in subsection (b); and (2) develop agreements with Head Start agencies as specified in section 642(e)(5) of the Head Start Act to carry out the activities described in subsection (b). (b) Activities The activities referred to in subsection (a) are activities that increase coordination between the local educational agency and a Head Start agency and, to the maximum extent practicable, other entities carrying out early childhood education programs, such as State-funded prekindergarten, and child care, serving children who will attend the schools served by the local educational agency, including— (1) developing and implementing with local Head Start agency staff and staff from other early childhood education programs, a systematic and comprehensive transition procedure, which shall include procedures for receiving records regarding such children, transferred with the consent of a parent or guardian; (2) establishing channels of communication between school staff and their counterparts (including teachers, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ), and health staff) in such Head Start agencies and other entities carrying out early childhood education programs, as appropriate, to facilitate coordination of supportive service delivery; (3) establishing ongoing communications between the Head Start agency or other entities carrying out early childhood education programs and the local educational agency for developing continuity of developmentally appropriate curricular objectives and for shared expectations for children's learning and development as the children transition to school; (4) conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start teachers or, if appropriate, teachers from other early childhood education programs to discuss the developmental and other needs of children and families, and to the appropriate instructional and noninstructional services; (5) organizing and participating in joint high-quality, evidence-based professional development of school staff, Head Start program staff, and other early childhood education program staff on— (A) developmentally appropriate curricula and teaching practices; (B) family engagement; (C) support for children with disabilities and dual language learners; and (D) transitions and continuity; and (6) linking the educational services provided by such local educational agency with the services provided by local Head Start agencies and, as feasible, other entities carrying out early childhood education programs. (c) Coordination of regulations The Secretary shall work with the Secretary of Health and Human Services to coordinate regulations promulgated under this part with regulations promulgated under the Head Start Act, including reasonable compliance measures. . 108. Prohibited use of assessments for young children Part I of title I ( 20 U.S.C. 6571 et seq. ) is amended by adding at the end the following: 1909. Prohibited use of assessments for young children Funds available under this title may not be used for child assessments for children from birth through grade 2 for any of the following: (1) Assessments that provide or lead to rewards or sanctions for individual children, teachers, early childhood education programs, or schools. (2) A single assessment used as the primary or sole method for assessing program effectiveness. (3) Evaluating such children other than for— (A) improving instruction or classroom environment; (B) targeting high-quality, evidence-based professional development; (C) determining the need for health, mental health, disability, or family support services; (D) informing the quality improvement process at the State level; (E) program evaluation for the purposes of program improvement and parent information; or (F) research conducted as part of a national evaluation. . II Preparing, training, and recruiting high-quality teachers and principals 201. Purpose Section 2101 ( 20 U.S.C. 6601 ) is amended— (1) in paragraph (1), by striking and after the semicolon; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: (2) enhance the knowledge of elementary school principals and other school administrators in early childhood development and learning and to build ongoing relationships with early childhood education programs to create a continuum of developmentally appropriate and effective learning; and . 202. State applications Section 2112(b) ( 20 U.S.C. 6612(b) ) is amended— (1) in paragraph (1), by inserting and positive child development and learning for children in the early elementary grades and younger after student academic achievement ; (2) by redesignating paragraphs (4) through (10) and (11) and (12) as paragraphs (5) through (11) and (13) and (14), respectively; (3) by inserting after paragraph (3) the following: (4) A description of how the State educational agency, in collaboration with other agencies that oversee early childhood development and education programs and the State Advisory Council on Early Childhood Education and Care designated or established under section 642B of the Head Start Act, will ensure that high-quality, evidence-based professional development activities assisted under this subpart reflect research and best practices across all domains of child development and learning. ; and (4) by inserting after paragraph (11), as redesignated by paragraph (2), the following: (12) A description of the State’s plan for reforming, by not later than the end of the 2015–2016 school year and consistent with section 2113(c)(1), teacher certification or licensing requirements that reflect the specialized knowledge and skills needed for teachers of children in the early grades of elementary school and younger children, and elementary school principal certification or licensing requirements to reflect knowledge of child development and learning. . 203. State use of funds Section 2113(c) (20 U.S.C. 6613(c)) is amended— (1) by striking paragraph (1) and inserting the following: (1) Reforming teacher and principal certification (including recertification) or licensing requirements to ensure that— (A) teachers have the necessary subject matter knowledge and teaching skills in the academic subjects that the teachers teach and the necessary specialized knowledge of child development and learning for those teachers working with children in the early grades of elementary school and younger children, including knowledge of State early learning guidelines and State early grade standards, and understanding of child instructional assessment, including observational assessment, to improve instruction and services for children; (B) principals have the instructional leadership skills, including collaboration with other early childhood education providers and support services, and knowledge of child development and learning to help teachers teach and students learn; (C) teacher certification (including recertification) or licensing requirements are aligned with challenging State academic content standards and State early learning guidelines, including a separate certification for teachers of early childhood education for the early grades of elementary school and younger children; and (D) teachers have the subject matter knowledge and teaching skills, including technology literacy, and principals have the instructional leadership skills and knowledge of child development and learning and collaboration with early childhood education providers, necessary to help— (i) students meet challenging State student academic achievement standards, and State early learning guidelines and State early grade standards; and (ii) promote appropriate and effective transitions from early childhood education programs to school. ; (2) in paragraph (2)— (A) in subparagraph (A), by inserting or coaching after mentoring ; and (B) in subparagraph (B), by inserting and State early learning guidelines, as appropriate after academic achievement standards ; (3) in paragraph (4), by inserting teachers with a specialized certification or licensure in early childhood education for the early grades of elementary school, after core academic subjects, ; (4) by redesignating paragraphs (7) through (18) as paragraphs (9) through (20), respectively; (5) by inserting after paragraph (6) the following: (7) Developing high-quality, evidence-based professional development opportunities— (A) for principals, superintendents, and local educational agency staff with responsibility for curriculum, assessment, special education, and teacher professional development, to gain knowledge of— (i) child development and learning (including cognitive, social, emotional, and physical development and approaches to learning) of children from birth through the early grades of elementary school; and (ii) developmentally appropriate practices to support children’s positive development and learning; and (B) to create collaborations with community-based early childhood education programs for joint high-quality, evidence-based professional development and transition activities for young children and families. (8) Providing joint high-quality, evidence-based professional development for elementary school teachers and staff with early childhood education program staff, for— (A) a shared understanding and communication of continuity of expectations for students in all domains of learning and development (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning); (B) appropriate curricula and instructional assessment practices; (C) family engagement; and (D) transition between community-based early childhood education programs and school. ; (6) in paragraph (9), as redesignated by paragraph (4), by inserting and other after the academic ; (7) in paragraph (12), as redesignated by paragraph (4), by inserting teacher mentoring or coaching, after peer networks, ; (8) in paragraph (17), as redesignated by paragraph (4), by inserting , including scholarships with compensation rewards linked to attaining an associate's degree or a bachelor's degree in early childhood education after 2001) ; (9) in paragraph (18), as redesignated by paragraph (4), by striking State academic content standards and all that follows through the period and inserting State academic content standards, student academic achievement standards, State early learning guidelines, and State assessments, to improve instructional practices and improve student academic achievement and areas of development that support student cognitive development in the early elementary grades and in younger children. ; and (10) in paragraph (20), as redesignated by paragraph (4), in subparagraph (A), by inserting preschool teachers (including in community-based programs) and after placement of . 204. Local applications and needs assessment Section 2122(b) ( 20 U.S.C. 6622(b) ) is amended— (1) in paragraph (1)(A)— (A) in clause (i), by striking and State assessments and inserting State early learning guidelines, and State assessments ; and (B) in clause (ii), by inserting age and developmentally appropriate before curricula ; (2) in paragraph (4), by inserting , including joint high-quality, evidence-based professional development with other early childhood education program providers such as Head Start providers and providers receiving State prekindergarten funds after local programs ; and (3) in paragraph (9), by striking subparagraphs (A) through (D) and inserting the following: (A) teach and address the needs of children in the early grades of elementary school and younger children with different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), students with limited English proficiency; (B) improve student behavior in the classroom and identify early and appropriate interventions to help students described in subparagraph (A) learn; (C) engage families in their child's education in a meaningful, and culturally and linguistically appropriate, manner; (D) understand and use data and assessments to improve classroom practice and student learning; and (E) understand and implement effective, developmentally appropriate curricula, teaching, and instructional assessment practices for children in the early grades of elementary school and younger children in all domains of learning and development (including language, literacy, mathematics, creative arts, science, social studies, social and emotional development, physical development and health, and approaches to learning), and including the principles of universal design for learning. . 205. Local use of funds Section 2123(a) (20 U.S.C. 6623(a)) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting teachers with a certificate or license in early childhood education for the early grades of elementary school and younger children, after core academic subjects, ; (2) in paragraph (3)(B), by striking clauses (i) through (v) and inserting the following: (i) involve collaborative groups of teachers and administrators; (ii) involve joint high-quality, evidence-based professional development with other early childhood education programs (including Head Start programs, child care programs, and State funded prekindergarten programs) on developmentally appropriate curricula, assessments for instructional improvement, and other supports of children’s development and learning and shared expectations for transitions from preschool to kindergarten and the early elementary grades; (iii) provide training in how to teach and address the needs of students with different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), and students with limited English proficiency; (iv) provide training in child development and learning (including cognitive, social, emotional, and physical development and approaches to learning) of children from birth through the early grades of elementary school; (v) provide training in methods of— (I) improving student behavior in the classroom; and (II) identifying early and appropriate interventions to help students described in clause (iii) learn; (vi) provide training to enable teachers and principals to involve parents in their child's education, especially parents of limited English proficient children and immigrant children; (vii) provide training on how to understand and use data and assessments to improve classroom practice and student learning; and (viii) provide training on how to implement the principles of universal design for learning. ; (3) by redesignating paragraphs (7), (8), and (10) as paragraphs (8), (9), and (10), respectively; and (4) by inserting after paragraph (6) the following: (7) Carrying out high-quality, evidence-based professional development for elementary school principals and other school administrators in early childhood development and education, including— (A) knowledge of child development and developmentally appropriate curricula and teaching practices; (B) collaboration with community-based early childhood education programs, such as Head Start programs, Early Head Start programs, and child care programs; (C) meaningful engagement of families in children’s learning and development; and (D) support for teachers in the early grades of elementary school to use developmentally, culturally, and linguistically appropriate curricula and teaching practices. . 206. Definitions Section 2131(1)(B) ( 20 U.S.C. 6631(1)(B) ) is amended by inserting an organization that represents early childhood education programs in community settings, after a principal organization, . 207. Use of funds for eligible partnerships Section 2134(a)(2) ( 20 U.S.C. 6634(a)(2) ) is amended by striking subparagraph (A) and inserting the following: (A) ensure that the individuals— (i) are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to improve instructional practices and improve student academic achievement; and (ii) who serve children in the early grades of elementary school and younger children, are able to use State early learning guidelines and the full range of domains (cognitive, physical, social, emotional, and approaches to learning); . III Miscellaneous 301. Definitions Section 9101 ( 20 U.S.C. 7801 ) is amended— (1) by redesignating paragraphs (17) through (43) as paragraphs (18) through (44), respectively; (2) by inserting after paragraph (16) the following: (17) Early childhood education program The term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965. ; (3) in paragraph (35)(A) (as redesignated by paragraph (1))— (A) in clause (i), by striking the teachers teach and inserting as well as other learning standards (such as social, emotional, and physical development and approaches to learning) ; (B) in clause (iii), by inserting and other learning after academic content ; (C) in clause (v)(II), by striking or short term ; and (D) in clause (viii)(I), by striking content standards, and inserting content and other learning standards (such as social, emotional, and physical development and approaches to learning), and State early learning guidelines, ; and (4) by adding at the end the following: (45) Universal design for learning The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965. . | https://www.govinfo.gov/content/pkg/BILLS-113hr791ih/xml/BILLS-113hr791ih.xml |
113-hr-792 | I 113th CONGRESS 1st Session H. R. 792 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Posey (for himself, Ms. Castor of Florida , Mr. Cole , Mr. Rahall , Mr. Kline , Mr. Costa , Mr. Graves of Missouri , Mr. Hastings of Florida , Mr. Buchanan , Mr. Denham , Mr. Westmoreland , Mr. Womack , Mr. Walberg , and Mr. Valadao ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to clarify the Food and Drug Administration’s jurisdiction over certain tobacco products, and to protect jobs and small businesses involved in the sale, manufacturing and distribution of traditional and premium cigars.
1. Short title This Act may be cited as the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2013 . 2. Limitation of authority with respect to premium cigars (a) Exception for traditional large and premium cigars Section 901(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387a(c) ) is amended— (1) in paragraph (2), in the heading, by inserting for certain tobacco leaf after authority ; and (2) by adding at the end the following: (3) Limitation of authority for certain cigars (A) In general The provisions of this chapter (except for section 907(d)(3)) shall not apply to traditional large and premium cigars. (B) Rule of construction Nothing in this chapter shall be construed to grant the Secretary authority to promulgate regulations on any matter that involves traditional large and premium cigars. (C) Traditional large and premium cigar defined For purposes of this paragraph, the term traditional large and premium cigar — (i) means any roll of tobacco that is wrapped in 100 percent leaf tobacco, bunched with 100 percent tobacco filler, contains no filter, tip or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000 count, and— (I) has a 100 percent leaf tobacco binder and is hand rolled; (II) has a 100 percent leaf tobacco binder and is made using human hands to lay the leaf tobacco wrapper or binder onto only one machine that bunches, wraps, and caps each individual cigar; or (III) has a homogenized tobacco leaf binder and is made in the United States using human hands to lay the 100 percent leaf tobacco wrapper onto only one machine that bunches, wraps, and caps each individual cigar; and (ii) does not include a cigarette (as such term is defined by section 900(3)) or a little cigar (as such term is defined by section 900(11)). . (b) Conforming amendments Section 919(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s(b) ) is amended— (1) in paragraph (2)(B)(II), by inserting , but excluding traditional large and premium cigars (as such term is defined under section 901(c)(3) before the period; and (2) in paragraph (5) by inserting subject to section 901(c)(3), before if a user fee . | https://www.govinfo.gov/content/pkg/BILLS-113hr792ih/xml/BILLS-113hr792ih.xml |
113-hr-793 | I 113th CONGRESS 1st Session H. R. 793 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Ms. Linda T. Sánchez of California (for herself, Mr. Grijalva , Ms. Matsui , Ms. Lee of California , Mr. Cárdenas , Ms. Roybal-Allard , Ms. Hahn , Mrs. Napolitano , Mr. Vargas , Ms. DeLauro , Ms. Norton , Mr. Rush , Mr. Clay , Mr. Sires , Mr. Bishop of New York , Mrs. Carolyn B. Maloney of New York , Mr. McGovern , Mr. Pascrell , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to impose an excise tax on concealable firearms and to require the Attorney General to establish a firearms buyback grant program.
1. Short title This Act may be cited as the Firearm Safety and Buyback Grant Act of 2013 . 2. Tax on handgun purchases (a) In general Chapter 31 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: D Concealable Firearms Sec. 4056. Imposition of tax. 4056. Imposition of tax (a) In general There is hereby imposed on any retail sale of any concealable firearms a tax equal to 10 percent of the price for which so sold. (b) By whom paid The tax imposed by subsection (a) shall be paid by the seller of the concealable firearm. (c) Exemption for law enforcement uses, etc No tax shall be imposed by this section on the sale of any concealable firearm to the Federal Government, or a State or local government. (d) Definitions For purposes of this section— (1) Concealable firearm The term concealable firearm has the meaning given the term any other weapon by section 5845. (2) Retail sale (A) In general The term retail sale means the sale, for a purpose other than resale, after manufacture, production, or importation. (B) Use treated as sale (i) In general If any person uses an article taxable under this section before the first retail sale of such article, then such person shall be liable for tax under this section in the same manner as if such article were sold at retail by him. (ii) Exemption for use in further manufacture Paragraph (1) shall not apply to use of an article as material in the manufacture or production of, or as a component part of, another article to be manufactured or produced by him. (iii) Computation of tax In the case of any person made liable for tax by paragraph (1), the tax shall be computed on the price at which similar articles are sold at retail in the ordinary course of trade, as determined by the Secretary. (iv) 1st retail sale; determination of price For purposes of this section, rules similar to the rules of section 4052 shall apply. (e) Coordination The tax imposed by subsection (a) is in addition to any tax imposed by sections 4181 and 5811. . (b) Clarification relating to Indian tribal governments Subparagraph (A) of section 7871(a)(2) of such Code is amended by striking relating to tax on special fuels and inserting relating to retail excise taxes . (c) Clerical amendment The table of subchapters for chapter 31 of such Code is amended by adding at the end the following new item: Subchapter D. Concealable Firearms. . (d) Effective date The amendments made by this section shall apply to sales on or after the 120th day after the date of the enactment of this Act. 3. Firearms buyback grant program (a) In general The Attorney General shall establish, in accordance with the provisions of this section, a grant program under which the Attorney General may make grants to eligible entities described in subsection (d)(1) for State, tribal, and local law enforcement agencies to carry out anti-violence campaigns, gun safety campaigns, and firearms buyback programs. (b) Firearms buyback program defined For purposes of this section, the term firearms buyback program means, with respect to a State, tribal, or local law enforcement agency, a program carried out by such agency— (1) under which the agency purchases firearms from, or accepts firearm donations made by, individuals; (2) the goal of which is to promote anti-violence campaigns, gun safety, and proper disposal of firearms, and to provide a process under which individuals may anonymously turn in firearms to such agency; and (3) under which such agency may take measures to identify if a firearm obtained through such program is lost or stolen and may take measures to return any such firearm so identified to the owner of such firearm. (c) Applications (1) In general An eligible entity desiring a grant under this section shall submit to the Attorney General an application for the grant, which shall be in such form and contain, in addition to the information described in paragraph (2), such information as the Attorney General may require. (2) Required information An application submitted by an eligible entity for a grant under this section, with respect to a firearms buyback program, shall contain assurances to the satisfaction of the Attorney General that— (A) in the case of an individual from whom a firearm is obtained under the program— (i) in the case such firearm is not a donation, such individual shall be provided a reward in an amount that is not less than $50 and not more than $350 for such firearm; and (ii) such individual shall remain anonymous, including by the assurance that the law enforcement agency carrying out such program will not collect or maintain any written record identifying or leading to the identity of the individual as the individual who provided such firearm under the program; (B) firearms obtained under the program shall be disposed of in a timely and appropriate manner, as approved by the Attorney General; and (C) none of the funds provided through the grant will be used for the promotion of firearm sales. (d) Additional definitions For purposes of this section: (1) Eligible entities The term eligible entity means a State, unit of local government, Indian tribal government, or State, tribal, or local law enforcement agency. (2) Firearm The term firearm has the meaning given such term by section 921(a)(3) of title 18, United States Code. (3) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (e) Funding (1) Authorization of appropriations for fiscal year 2013 There is authorized to be appropriated $1,000,000 for fiscal year 2013, in addition to amounts made available under paragraph (2) for such fiscal year, to carry out this section. (2) Funds for fiscal year 2013 and subsequent fiscal years from tax on concealable firearms For fiscal year 2013 and each subsequent fiscal year, taxes imposed pursuant to section 4056 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to the Attorney General to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr793ih/xml/BILLS-113hr793ih.xml |
113-hr-794 | I 113th CONGRESS 1st Session H. R. 794 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Ms. Schakowsky (for herself, Mrs. Christensen , Ms. Chu , Mr. DeFazio , Mr. Ellison , Mr. Honda , Ms. Moore , and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for treatment of clinical psychologists as physicians for purposes of furnishing clinical psychologist services under the Medicare Program.
1. Treatment of clinical psychologists as physicians for purposes of furnishing clinical psychologist services (a) In general The first sentence of section 1861(r) of the Social Security Act ( 42 U.S.C. 1395x(r) ) is amended— (1) by striking or before (5) ; and (2) by inserting before the period the following: , or (6) a clinical psychologist, but only with respect to the furnishing of qualified psychologist services described in subsection (ii) for which the psychologist is legally authorized to perform by the State and who is acting within the scope of the psychologist’s license (or other authorization under State law) . (b) Effective date The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr794ih/xml/BILLS-113hr794ih.xml |
113-hr-795 | I 113th CONGRESS 1st Session H. R. 795 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Austin Scott of Georgia (for himself, Mr. Westmoreland , Mrs. Blackburn , Mr. Nunnelee , Mr. Wilson of South Carolina , Mr. Mulvaney , Mr. Collins of Georgia , Mr. Crawford , Mr. Huizenga of Michigan , Mr. Fleischmann , Mr. Griffin of Arkansas , Mr. Cole , Mr. DeSantis , Mr. Duncan of South Carolina , Mr. LaMalfa , Mr. Walberg , Mr. Meadows , Mr. Brooks of Alabama , Mr. Kingston , Mrs. Black , Mr. Gingrey of Georgia , Mr. Broun of Georgia , Mr. Long , and Mr. Mullin ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act to modify the authority of the National Labor Relations Board with respect to rulemaking, issuance of complaints, and authority over unfair labor practices.
1. Short title This Act may be cited as the Protecting American Jobs Act . 2. Amendments to the National Labor Relations Act (a) Duties of the General Counsel and Administrative Law Judges The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) is amended— (1) in section 3(d), by striking and issuance of complaints under section 10, and in respect of the prosecution of such complaints before the Board ; and (2) in section 4(a), by striking the fourth sentence. (b) Clarification of the Board’s rulemaking authority Section 6 of such Act ( 29 U.S.C. 156 ) is amended by adding at the end the following: Such rulemaking authority shall be limited to rules concerning the internal functions of the Board and the Board is prohibited from promulgating rules that affect the substantive rights of any person, employer, employee, or labor organization. . (c) Investigatory power and Adjudicatory Authority Over Unfair Labor Practice Allegations Section 10 of such Act ( 29 U.S.C. 60 ) is amended— (1) in subsection (a)— (A) by striking prevent any person from engaging in and inserting investigate ; and (B) by striking This power shall and all that follows through the end of the subsection; (2) in subsection (b)— (A) by striking Whenever it is charged and inserting Whenever it appears ; (B) by striking or is engaging in and inserting , is engaging in, or is about to engage in ; (C) by striking the Board, or any agent and all that follows through Provided, That no complaint shall be issued and inserting the aggrieved party may bring a civil action for such relief (including injunctions) as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred, or at the option of the parties, in the United States District Court for the District of Columbia. No civil action may be brought ; (D) by striking charge with the Board and the service of a copy thereof upon the person against whom such charge is made and insert civil action ; and (E) by striking Any such complaint may be amended and all that follows through Any such proceeding shall, so far as practicable, and insert Any such proceeding shall ; (3) by striking subsections (c) through (k) and redesignating subsection (l) as subsection (c); and (4) in subsection (c) (as so redesignated)— (A) by striking Whenever it is charged and inserting Whenever it is alleged ; (B) in the first sentence, by striking charge both places it appears and inserting allegation ; and (C) by striking and that a complaint should issue, he shall and all that follows through the end of the subsection and inserting , the officer or regional attorney shall, on behalf of the Board, submit a written summary of the findings to all parties involved in the alleged unfair labor practice. . 3. Regulations Not later than 6 months after the date of the enactment of this Act, the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr795ih/xml/BILLS-113hr795ih.xml |
113-hr-796 | I 113th CONGRESS 1st Session H. R. 796 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Administrator of the Environmental Protection Agency to use the commercially available volume of cellulosic biofuel in setting requirements for the renewable fuel program under the Clean Air Act, and for other purposes.
1. Amendment to the Clean Air Act Section 211(o)(7)(D)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(7)(D)(i) ) is amended— (1) by striking , as determined by the Administrator based on the estimate provided under paragraph (3)(A) ; (2) by striking the Administrator may also reduce and inserting the Administrator shall also reduce ; and (3) by inserting For purposes of this subparagraph, the projected volume of cellulosic biofuel production for a calendar year shall not be more than 5 percent or 1 million gallons (whichever is greater) more than the total volume of cellulosic biofuel that was commercially available for the most recent calendar year for which such total volume is known. after by the same or a lesser volume. . | https://www.govinfo.gov/content/pkg/BILLS-113hr796ih/xml/BILLS-113hr796ih.xml |
113-hr-797 | I 113th CONGRESS 1st Session H. R. 797 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Stivers (for himself, Ms. Moore , and Mr. Pearce ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to clarify provisions relating to the regulation of municipal advisors, and for other purposes.
1. Short title This Act may be cited as the Municipal Advisor Oversight Improvement Act of 2013 . 2. Registration of municipal securities dealers Section 15B(a)(1)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(a)(1)(B) ) is amended by striking or on behalf of . 3. Municipal Securities Rulemaking Board; rules and regulations Section 15B(b)(2)(L) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(b)(2)(L) ) is amended— (1) in clause (iii), by striking and at the end; (2) in clause (iv), by striking the period and inserting ; and ; and (3) by adding at the end the following: (v) not regulate as a municipal advisor the activities of a person referred to in subparagraph (C) of subsection (e)(4), to the extent that such activities are described under such subparagraph. . 4. Discipline of municipal securities dealers; censure; suspension or revocation of registration (a) In general Section 15B(c)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(c)(1) ) is amended to read as follows: (1) No broker, dealer, or municipal securities dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce or attempt to induce the purchase or sale of, any municipal security, and no broker, dealer, municipal securities dealer, or municipal advisor shall make use of the mails or any means or instrumentality of interstate commerce to provide advice to or on behalf of a municipal entity or obligated person with respect to municipal financial products, the issuance of municipal securities, or to undertake a solicitation of a municipal entity or obligated person, in contravention of any rule of the Board. A municipal advisor, when acting pursuant to an engagement described in subsection (e)(4)(A)(i), and any person associated with such municipal advisor, shall be deemed to have a fiduciary duty with respect to such engagement to any municipal entity for whom such municipal advisor acts as a municipal advisor, and no municipal advisor may engage in any act, practice, or course of business which is not consistent with such municipal advisor's fiduciary duty or that is in contravention of any rule of the Board. In issuing regulations to carry out the previous sentence and subsection (b)(2)(L)(i), the Board shall— (A) require that a municipal advisor act in accordance with its fiduciary duty to its municipal entity clients, but only in connection with those specific activities involving such municipal entity client described under subsection (e)(4)(A)(i) (and not excluded under subsection (e)(4)(C)); (B) specify when such duties begin and terminate in relation to such activities; and (C) not prohibit principal transactions by municipal advisors or the receipt of compensation based on commissions or other standard compensation in relation to the purchase or sale of a security or other instrument (including deposit or foreign exchange), except that the Board— (i) may issue rules requiring a municipal advisor to only engage in such transactions or receive such compensation in a manner that is consistent with the municipal advisor’s fiduciary duty; and (ii) may prohibit a municipal advisor that has been engaged to provide advice with respect to an underwritten offering of securities from concurrently acting as an underwriter of such offering. . (b) Technical correction (1) In general Section 975(c)(5) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended to read as follows: (5) in paragraph (4), by inserting or municipal advisor after municipal securities dealer each place that term appears; . (2) Effective date The amendment made by paragraph (1) shall take effect on the date of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as if included in such Act. 5. Definition of investment strategies Section 15B(e)(3) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(e)(3) ) is amended to read as follows: (3) the term investment strategies — (A) means plans or programs for the investment of the direct proceeds of municipal securities (but not other public funds) that are not municipal derivatives or guaranteed investment contracts, and the recommendation of and brokerage of municipal escrow investments, where, with respect to the municipal advisor offering such plans, programs, or recommendations, such proceeds of municipal securities and municipal escrow investments— (i) are known or should be known to the municipal advisor to be comprised of funds or investments maintained in a segregated account that is exclusively for the purpose of maintaining such proceeds or escrow investment; or (ii) have been identified to the municipal advisor, in writing, as funds or investments that constitute the proceeds of municipal securities or municipal escrow investments; and (B) does not include— (i) merely acting as a broker or principal with respect to the purchase or sale of a security or other instrument (including deposit or foreign exchange); (ii) providing a list of, or price quotations for, investment options or securities or other instruments which may be available for purchase or investment or which satisfy investment criteria specified by a municipal entity; (iii) acting as a custodian; (iv) providing generalized information concerning investments which are not tailored to the specific investment objectives of the municipal entity; or (v) providing advice with respect to matters other than the investment of funds or financial products; . 6. Definition of municipal advisor Section 15B(e)(4) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(e)(4) ) is amended to read as follows: (4) the term municipal advisor — (A) means a person (who is not a municipal entity or obligated person, or an employee of a municipal entity or obligated person) that— (i) is engaged, for compensation, by a municipal entity or obligated person to provide advice to a municipal entity or obligated person with respect to municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues; or (ii) undertakes a solicitation of a municipal entity; (B) includes financial advisors, guaranteed investment contract brokers, third-party marketers, placement agents, solicitors, finders, and swap advisors, if such persons are described in either of clauses (i) or (ii) of subparagraph (A) and are not excluded under subparagraph (C); and (C) does not include, solely as a result of their performing the following activities— (i) any broker, dealer, or municipal securities dealer registered with the Commission, to the extent that such broker, dealer, or municipal securities dealer is serving or is seeking to serve as an underwriter, placement agent, remarketing agent, dealer-manager, or in a similar capacity, or is providing advice related to or in connection with any such activities and not for separate compensation, or any person associated with such a broker, dealer, or municipal securities dealer; (ii) an investment adviser registered under the Investment Advisers Act of 1940 (15 U.S.C. 80b–1 et seq.) or with any State or territory of the United States that is providing investment advice (whether or not of a type that would subject a person to registration under such Act), or any person associated with such an investment adviser; (iii) any person registered under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ) or this Act in relation to such person’s activities with respect to swaps or security-based swaps that is providing advice related to swaps or security-based swaps, or providing advice that is related to or in connection with any such activities and not for separate compensation, or any person associated with such person; (iv) a financial institution engaging in any of the activities referred to in clause (i), (ii), or (iii) pursuant to an exemption from registration, acting as a dealer or principal with respect to deposits, foreign exchange, or identified banking products (as defined in paragraphs (1) through (5) of section 206(a) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 78c(a) )), providing other traditional banking or trust services otherwise subject to a fiduciary duty under State or Federal law, providing administrative or operational services or support, or providing advice that is related to or in connection with any such activities and not for separate compensation; (v) any person subject to regulation by a State insurance regulator providing insurance products or services or providing advice that is related to or in connection with any such activities and not for separate compensation; (vi) an accountant (or person associated with such accountant) providing customary and usual accounting services, including any attestation or audit service or issuing letters for underwriters for a municipal entity or providing advice that is related to or in connection with any such activities and not for separate compensation; (vii) any attorney offering legal advice or providing services that are of a traditional legal nature; (viii) an engineer providing engineering advice; or (ix) any elected or appointed member of a governing body of a municipal entity or obligated person, with respect to such member’s role on the governing body; . 7. Definition of solicitation of a municipal entity or obligated person Section 15B(e)(9) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(e)(9) ) is amended by striking or on behalf of a municipal entity; and and inserting the following: a municipal entity, but communications on behalf of a fund or other collective investment vehicle shall not be deemed to be on behalf of any investment adviser that advises or manages such fund or investment vehicle; . 8. Definition of municipal derivative Section 15B(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(e) ) is amended— (1) in paragraph (10), by striking the period on the end and inserting a semicolon; and (2) by adding at the end the following: (11) the term municipal derivative means a swap or security-based swap in which a municipal entity is a counterparty; and . 9. Definition of on behalf of Section 15B(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–4(e) ), as amended by section 7, is further amended by adding at the end the following: (12) the term to provide advice on behalf of a municipal entity or obligated person means to provide advice to a person that is known to be engaged by a municipal entity or obligated person to provide services to such municipal entity or obligated person in connection with the issuance of municipal securities. . | https://www.govinfo.gov/content/pkg/BILLS-113hr797ih/xml/BILLS-113hr797ih.xml |
113-hr-798 | I 113th CONGRESS 1st Session H. R. 798 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Tierney (for himself, Mr. Hinojosa , and Mr. George Miller of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To reauthorize the Workforce Investment Act of 1998 to strengthen the United States workforce investment system through innovation in, and alignment and improvement of, employment, training, and education programs, and to promote national economic growth, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Workforce Investment Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Purposes and principles. Title I—Workforce Investment Systems Subtitle A—Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 111. State workforce investment boards and requirements for State plans. Sec. 112. State unified plan. Sec. 113. Local workforce investment areas and boards. Sec. 114. Additional one-stop programs and activities. Sec. 115. Providers of training services. Sec. 116. Youth activities. Sec. 117. Adult and dislocated worker training activities. Sec. 118. Unified performance accountability system. Sec. 119. Authorization of funding for one-stop infrastructure. Subtitle C—Job Corps Sec. 131. Purposes. Sec. 132. Definitions. Sec. 133. Individuals eligible for the Job Corps. Sec. 134. Recruitment, screening, selection, and assignment of enrollees. Sec. 135. Enrollment. Sec. 136. Job Corps centers. Sec. 137. Program activities. Sec. 138. Support. Sec. 139. Community participation. Sec. 140. Industry councils. Sec. 141. Experimental, research, and demonstration projects and College Corps program. Sec. 142. Technical amendment. Sec. 143. Performance accountability and management. Sec. 144. Authorization of appropriations. Subtitle D—National Programs Sec. 151. Native American programs. Sec. 152. Migrant and seasonal farmworker programs. Sec. 153. Veterans workforce investment programs. Sec. 154. Repeal. Sec. 155. Technical assistance. Sec. 156. Innovation projects. Sec. 157. Workforce and youth innovation and best practices grants. Sec. 158. Evaluations. Sec. 159. National dislocated worker grants. Sec. 160. Youthbuild program. Sec. 161. Authorization of appropriations. Sec. 162. Transition grants to States. Sec. 163. Interagency agreement. Subtitle E—Administration Sec. 171. Requirements and restrictions. Sec. 172. Fiscal controls or sanctions. Sec. 173. Reports, recordkeeping, investigations. Sec. 174. Administrative provisions. Sec. 175. Repeals. Sec. 176. General program requirements. Sec. 177. Office of Disability Employment Policy. Sec. 178. Independent evaluation of the efficiency and effectiveness of the Federal Workforce Investment System. Subtitle F—Community College to Career Fund Sec. 181. Community College to Career Fund. Title II—Adult Education and Literacy Sec. 201. Purposes, definitions, and miscellaneous provisions. Sec. 202. Amendments to subtitle A. Sec. 203. Amendments to subtitle B. Sec. 204. Amendments to subtitle C. Sec. 205. Amendments to subtitle D. Title III—Amendments to the Wagner-Peyser Act Sec. 301. Employment service offices. Sec. 302. Definitions. Sec. 303. Federal and State employment service offices. Sec. 304. Allotment of sums. Sec. 305. Use of sums. Sec. 306. State plan. Sec. 307. Performance accountability measures. Sec. 308. Pilot projects. Sec. 309. Labor market information system. Title IV—Amendments to the Rehabilitation Act of 1973 Subtitle A—Introductory Provisions Sec. 401. References. Sec. 402. Findings, purpose, policy. Sec. 403. Rehabilitation Services Administration. Sec. 404. Definitions. Sec. 405. Administration of the Act. Sec. 406. Reports. Sec. 407. Evaluation. Sec. 408. Carryover. Sec. 409. Traditionally underserved populations. Subtitle B—Vocational rehabilitation services Sec. 411. Declaration of policy; authorization of appropriations. Sec. 412. State plans. Sec. 413. Eligibility and individualized plan for employment. Sec. 414. Vocational rehabilitation services. Sec. 415. State Rehabilitation Council. Sec. 416. Performance accountability measures. Sec. 417. Monitoring and review. Sec. 418. Training and services for employers. Sec. 419. State allotments. Sec. 420. Client Assistance Program. Sec. 421. Technical assistance for quality services. Sec. 422. Pre-employment transition services. Sec. 423. American Indian vocational rehabilitation services. Subtitle C—Research and Training Sec. 431. Purpose. Sec. 432. Authorization of appropriations. Sec. 433. National Institute on Disability and Rehabilitation Research. Sec. 434. Interagency Committee. Sec. 435. Research and other covered activities. Sec. 436. Rehabilitation Research Advisory Council. Sec. 437. Definition of covered school. Subtitle D—Professional Development and Special Projects and Demonstration Sec. 441. Training. Sec. 442. Demonstration and training programs. Sec. 443. Migrant and seasonal farmworkers. Sec. 444. Recreational programs. Subtitle E—National Council on Disability Sec. 451. Report. Sec. 452. Authorization of appropriations. Subtitle F—Rights and advocacy Sec. 456. Board and Council. Sec. 457. Protection and advocacy of individual rights. Sec. 458. Standards for accessible medical diagnostic equipment. Subtitle G—Employment Opportunities for Individuals With Disabilities Sec. 461. Projects with industry. Sec. 462. Authorization of appropriations. Sec. 463. Supported employment services. Subtitle H—Independent Living Services and Centers for Independent Living Chapter 1—General provisions Sec. 471. Purpose. Sec. 472. Independent Living Administration. Sec. 473. Definitions. Sec. 474. State plan. Sec. 475. Statewide Independent Living Council. Sec. 476. Responsibilities of the ILA Director. Chapter 2—Independent living services Sec. 477. Administration. Chapter 3—Centers for independent living Sec. 481. Program authorization. Sec. 482. Centers. Sec. 483. Standards and assurances. Sec. 484. Authorization of appropriations. Chapter 4—Independent Living Services for Older Individuals who are Blind Sec. 486. Independent living services for older individuals who are blind. Sec. 487. Program of grants. Sec. 488. Independent living services for older individuals who are blind authorization of appropriations. Subtitle I—Increasing employment opportunities for individuals with disabilities Sec. 491. Disability employment. Sec. 492. Table of contents. 2. Purposes and principles The purposes of this Act include the following: (1) To increase economic growth by improving the education and skills of American workers. (2) To ensure middle class prosperity through strong investment in talent and workforce development. (3) To prepare the unemployed, the underemployed, and those most disadvantaged with skills to match up with employer needs. (4) To provide individuals streamlined access to in-demand skills training and employment services by aligning education, training and workforce investment programs. (5) To strengthen engagement with employers in in-demand industries and all sectors to meet the needs of employers. (6) To improve the competitiveness and dynamism of the Nation’s future workforce by investing in college and career-ready pathways for young adults. (7) To ensure accountability and efficiency through system performance measures that incentivize continuous improvement in services for workers and employers. (8) To encourage private sector partnerships connecting employers, labor unions, community colleges, workforce boards and related stakeholders to develop workforce skills that meet employer needs, including career pathways, recognized postsecondary credentials, and regional planning. I Workforce Investment Systems A Definitions 101. Definitions Section 101 is amended— (1) by striking paragraph (24) and by redesignating— (A) paragraphs (52) and (53) as paragraphs (60) and (61), respectively; (B) paragraphs (40) through (51) as paragraphs (47) through (58), respectively; (C) paragraphs (25) through (39) as paragraphs (31) through (45), respectively; (D) paragraphs (18) through (23) as paragraphs (25) through (30), respectively; (E) paragraph (17) as paragraph (22); (F) paragraphs (12) through (16) as paragraphs (16) through (20), respectively; (G) paragraphs (8) through (11), as paragraphs (11) through (14), respectively; and (H) paragraphs (5) through (7) as paragraphs (6) through (8), respectively; (2) by inserting after paragraph (4) the following: (5) Career pathway (A) In general The term career pathway means a sequence of education, training, and other supportive services, clearly articulated from one level of instruction to the next, that are designed to prepare individuals to meet a set of career-related objectives as referenced in subparagraph (C). (B) Services The services referred to in subparagraph (A) shall be— (i) aligned with the skill needs of industries in the State or regional economy involved; (ii) designed to increase an individual’s educational and skill attainment, and improve the individual’s employment outcomes and ability to meet career-related objectives, by— (I) preparing individuals for the full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ) (referred to individually in this Act as an apprenticeship , except in section 273); (II) including supportive services and counseling to support individuals in achieving their education and career goals; (III) including, as appropriate for an individual, education offered concurrently with and in the context of workforce preparation activities and training for a specific occupation or occupational cluster; and (IV) when participants are adults, organizing courses to meet adult participants’ needs including flexible scheduling, multiple entry and exit points (that may correspond with work and stackable credentials), giving credit for learning toward credentials and adopting other strategies that accelerate the educational and career advancement of the participant to the extent practicable; and (iii) at a minimum, provided through the alignment of core programs authorized under this Act with postsecondary education and training programs, consistent with descriptions included in the State and local plans. (C) Objectives The objectives referred to in subparagraph (A) include— (i) enabling an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and (ii) helping a worker enter or advance within a specific occupation or occupational cluster. ; (3) by inserting after paragraph (8) (as so redesignated), the following: (9) Core program The term core programs means— (A) chapter 4 and 5 of subtitle B of title I (relating to youth workforce investment activities and adult and dislocated worker employment and training activities); (B) title II (relating to adult education and literacy activities); (C) sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) (relating to employment services); and (D) title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741) (relating to vocational rehabilitation services). (10) Costs of Infrastructure The term costs of infrastructure , used with respect to a one-stop center, means the nonpersonnel costs that are necessary for the operation of the one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, equipment (including assessment-related products and adaptive technology for individuals with disabilities), and technology to facilitate access to the one-stop center. ; (4) by inserting after paragraph (14) (as so redesignated), the following: (15) Economic self-sufficiency The term economic self-sufficiency means, with respect to a worker, earning a wage sufficient to support a family adequately and, over time, to save for emergency expenses and adequate retirement income, based on factors such as— (A) family size; (B) the cost of living in the worker’s community; and (C) other factors that may vary by region. ; (5) by inserting after paragraph (20) (as so redesignated), the following: (21) In-demand industry sector or occupation (A) In general The term in-demand industry sector or occupation means— (i) an industry sector that— (I) has a substantial current or forecasted impact on the regional economy overall, including attracting, expanding or retaining businesses or jobs (including, at a minimum, jobs that lead to economic self-sufficiency and opportunities for advancement) in the region; (II) contributes to the growth of other supporting businesses, or the growth of other industry sectors within the region; (III) provides workers with jobs that have competitive, family-sustaining wages and benefits; and (IV) includes occupations that provide opportunities for career advancement; or (ii) an occupation that— (I) has a significant presence in an industry sector; (II) has a shortage of available skilled workers; (III) pays competitive, family-sustaining wages and benefits that enable workers to achieve economic self-sufficiency, or can reasonably be expected to lead to a position with such wages and benefits; (IV) provides opportunities for career advancement; and (V) has a significant impact in a region’s economy. (B) Determination The determination of whether an industry sector or occupation is an in-demand industry sector or occupation under this paragraph shall be made using national, State, or regional labor market information. ; (6) by inserting after paragraph (22) (as so redesignated), the following: (23) Individual with barriers to employment The term individual with barriers to employment means an individual with any characteristic that substantially limits an individual’s ability to obtain employment, including indicators of poor work history, lack of work experience or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, or receipt of welfare. (24) Industry or sector partnership The term industry or sector partnership means a workforce collaborative that— (A) organizes key stakeholders in an industry cluster into a working group that focuses on the workforce needs of the industry cluster and that includes, at the appropriate stage of development of the partnership— (i) representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable; (ii) representatives of a recognized State labor organization or central labor council, a union representing employees in the industry or sector and another labor representative, as appropriate; (iii) 1 or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster, including career and technical education providers; and (iv) the State workforce agency providing labor market information and employment services under the Wagner-Peyser Act; and (B) may include representatives of— (i) State or local government; (ii) State or local economic development agencies; (iii) State boards or local boards, as appropriate; (iv) any local board that has established through its local plan a concentration of an industry cluster within its area; (v) business or trade associations; (vi) nonprofit organizations, community-based organizations, or intermediaries; (vii) philanthropic organizations; and (viii) other organizations, as determined to be necessary by the members comprising the industry or sector partnership. ; (7) in paragraph (36) (as so redesignated), by striking as appropriate to the occupation for which the participant is being trained and inserting to a period not in excess of that generally required for acquisition of skills needed for the position with a particular occupation and ; (8) by inserting after paragraph (44) (as so redesignated), the following: (45) Recognized postsecondary credential The term recognized postsecondary credential means a credential awarded by a training provider or educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized certificate, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree. ; and (9) by inserting after paragraph (57) (as so redesignated), the following: (58) Workplace learning advisor The term workplace learning advisor means an individual employed by an organization who has the knowledge and skill necessary to advise other employees of that organization about the education, skill development, job training, career counseling services, and credentials, including services provided through the workforce investment system, required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency. . B Statewide and Local Workforce Investment Systems 111. State workforce investment boards and requirements for State plans (a) Size and functions of the State boards Section 111 is amended— (1) in subsection (b)— (A) in paragraph (1)(C)— (i) by amending clause (i)(I), by striking including and inserting shall include ; and (ii) by amending clause (vi) to read as follows: (vi) (I) lead State officials with primary responsibility for the program and activities that are described in section 121(b)(2)(B)(1) (i) through (iv); and (II) the State agency officials responsible for economic development; ; and (B) by adding at the end the following: (4) Worker representation Not less than 20 percent of the Board shall be comprised of representatives of the workforce within the State, and— (A) shall include representatives described in clause (iii) of section 117(b)(2)(A); (B) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that provide or support competitive, integrated employment for individuals with disabilities; and (C) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. . (2) in subsection (d)— (A) in paragraph (8), by striking ; and and inserting a semicolon; (B) in paragraph (9), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (10) promotion in the development of guidance on career pathways by aligning workforce investment programs for the purpose of providing individuals with barriers to employment, including low-skilled adults and youth, with the employment, training, education, and supportive services the individuals need to attain the necessary credentials to secure and advance in employment; (11) promotion in the development of sector initiatives such as industry or sector partnerships relating to in-demand industry sectors and occupations; (12) provision of guidance on the alignment and delivery of services between the local boards, one-stop operator, and State entities carrying out relevant State-administered programs; (13) provision of technical assistance to local boards, one-stop partners, one-stop operators, and providers, as appropriate, in local areas concerning planning and delivering services; and (14) staff training and education across programs supported under workforce investment systems in local areas. . (b) Required content of State plans Section 112 is amended— (1) in subsection (a), by striking a single State plan (referred to in this title as the State plan ) and inserting a single State plan (referred to in this title as the State plan ) that shall include the State plans of all core program and ; (2) in subsection (b)— (A) in paragraph (4)— (i) in subparagraph (C), by striking ; and and inserting a semicolon; and (ii) by adding at the end the following new subparagraphs: (E) the State’s strategic vision and goals for preparing an educated and skilled workforce (including preparing youth and individuals with barriers to employment) and for meeting the skilled workforce needs of employers, including goals relating to performance accountability measures based on primary indicators of performance described in section 136(b)(2), in order to support economic growth and economic self-sufficiency; and (F) a strategy not inconsistent with the program requirements of the core programs for aligning the core programs, as well as other resources available to the State, to achieve the strategic vision and goals described in subparagraph (E), including how the State will meet performance accountability measures based on the system-wide indicators described in section 136(b)(2)(A) in order to support program alignment. ; (B) in paragraph (8)(A)— (i) in clauses (ix) and (x), respectively, by striking ; and and inserting a semicolon; and (ii) by adding at the end the following: (xi) apprenticeship programs registered under the National Apprenticeship Act (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); (xii) State labor certification activities for employment-based immigration programs authorized under the Immigration and Nationality Act; and (xiii) employment, training, and literacy services carried out by public libraries. ; (C) in paragraph (12)(B), by inserting before the semicolon the following: , and, after consultation with the local boards, specifying the minimum amount of Federal assistance under section 133(b) (2) and (3) provided to each local area that is to be spent on training ; (D) in paragraph (17)(B), by striking ; and and inserting a semicolon; (E) in paragraph (18)(D), by striking the period and inserting a semicolon; and (F) by adding at the end the following: (19) a process for providing guidance to local areas and conducting oversight to ensure implementation of priority of service for adult employment and training activities; in accordance with section 134(d)(4)(E); (20) a description of how the State will develop and implement career pathways and career and technical education by aligning workforce investment programs for the purpose of providing individuals, including low-skill adults and youth, with the employment, training, education, and supportive services the individuals need to attain the necessary credentials to secure and advance in employment; (21) an objective assessment of the needs of individuals in the State or outlying area for adult education and literacy activities, including individuals with barriers to employment; (22) a description of how the eligible agency will develop program strategies for populations that include, at a minimum— (A) low-income students; (B) individuals with disabilities; (C) single parents and displaced homemakers; and (D) individuals with multiple barriers to educational enhancement, including individuals with limited English proficiency; and (23) a description of how the adult education and literacy activities that will be carried out with any funds received under this subtitle will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency. ; and (3) in subsection (c), by striking Secretary of and inserting appropriate Secretary of each core program . 112. State unified plan The Workforce Investment Act of 1998 is further amended— (1) by striking section 501; and (2) by inserting after section 112 the following: 113. State unified plan (a) Purpose The purpose of the State unified plan required by this section is to align education, training, and workforce development programs in support of a comprehensive workforce investment system. (b) Definition of Appropriate Secretary In this section, the term appropriate Secretary means the head of the Federal agency who exercises administrative authority over an activity or program described in subsection (c). (c) State Unified Plan (1) In general A State shall develop and submit to the appropriate Secretaries a State unified plan for the core programs and may develop and submit one or more of the program and activities described in paragraph (2) in lieu of submitting two or more plans, for the programs and activities and the core programs. (2) Programs The programs and activities referred to in paragraph (1) are as follows: (A) Career and technical education programs at the secondary and postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (B) Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (C) Programs authorized under section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)). (D) Work programs authorized under section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)). (E) Activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.). (F) Activities authorized under chapter 41 of title 38, United States Code. (G) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (H) Programs authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.). (I) Employment and training activities carried out by the Department of Housing and Urban Development. (J) Employment and training activities carried out under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ). (K) Programs authorized under section 212 of the Second Chance Act of 2007 (42 U.S.C. 17532). (d) Requirements (1) In general The portion of a unified plan covering the core programs shall be subject to the requirements of section 112 and to the additional requirements contained in the authorizing statute of the core program, if any. The portion of such plan covering a program or activity described in subsection (b)(2) shall be subject to the requirements, if any, applicable to a plan or application for assistance for that program or activity. (2) Additional submission not required A State that submits a State unified plan covering an activity or program described in subsection (b) that is approved under subsection (d) shall not be required to submit any other plan or application in order to receive Federal funds to carry out the activity or program. (3) Coordination A State unified plan shall include— (A) a description of the methods used for joint planning and coordination of the programs and activities included in the unified plan; and (B) an assurance that the methods included an opportunity for the entities responsible for planning or administering such programs and activities to review and comment on all portions of the unified plan. (e) Approval by the Appropriate Secretaries (1) Jurisdiction The appropriate Secretary shall have the authority to approve the portion of the State unified plan relating to the activity or program over which the appropriate Secretary exercises administrative authority. On the approval of the appropriate Secretary, the portion of the plan relating to the activity or program shall be implemented by the State pursuant to the applicable portion of the State unified plan. (2) Approval of core programs No portion of the plan relating to a core program shall be implemented until the appropriate Secretary approves the corresponding portions of the plan for all core programs. Other core programs may continue in operation while new plan provisions are revised or are awaiting approval. (3) Timing of approval (A) In general Except as provided in subparagraphs (B) and (C), a portion of the State unified plan covering the core programs or a program or activity described in subsection (a)(2) shall be considered to be approved by the appropriate Secretary at the end of the 90-day period beginning on the day the plan is submitted. (B) Plan approved by 3 or more appropriate Secretaries If an appropriate Secretary other than the Secretary of Labor or the Secretary of Education has authority to approve a portion of a unified plan, that portion of the unified plan shall be considered to be approved by the appropriate Secretary at the end of the 90-day period beginning on the day the plan is submitted. (C) Disapproval The portion shall not be considered to be approved if the appropriate Secretary makes a written determination, during the 90-day period, that the portion is not consistent with the requirements of the Federal law authorizing or applicable to the program or activity involved, including the criteria for approval of a plan or application, if any, under such law, or the plan is not consistent with the requirements of this section. (4) Local jurisdiction The appropriate local board shall approve the portion of the State unified plan relating to the activity or program over which the appropriate local board exercises administrative authority. On the approval of the appropriate local board, the portion of the plan relating to the activity or program shall be implemented by the State pursuant to the applicable portion of the State unified plan. . 113. Local workforce investment areas and boards (a) Planning process for different types of regions Section 116(c)(1) is amended— (1) by striking As part of and inserting: (A) As part of ; (2) by striking may each place it appears and inserting shall ; and (3) by adding at the end the following: (B) Planning for cooperative initiatives and arrangements In the regions comprised of 2 or more local areas, the State shall, in consultation with local boards, require regional planning, and service delivery, by local boards in those regions. For the purpose of administrative efficiency, the State shall require the local boards in a planning region to participate in a regional planning process for cooperative initiatives and arrangements that result in— (i) the establishment and implementation of regional service strategies and activities, including service delivery cooperative arrangements and regional approaches to address the employment and training needs of the region, including strategies that meet the need of individuals with barriers to employment; (ii) as appropriate, the development and implementation of initiatives involving in-demand industry sectors or occupations; (iii) the collection and analysis of regional labor market data (in conjunction with the State); and (iv) the establishment of administrative and infrastructural cost sharing, as appropriate. (C) Regional plans The State, after consultation with the local boards and chief elected officials for the planning region, shall require the local boards and officials to collaborate in order to prepare, submit, and obtain approval of a single regional plan. Such plan shall include a description of the cooperative initiatives and arrangements developed pursuant to clause (iii) and incorporate local plans for each of the local areas in the planning region, which shall contain strategies that are consistent and aligned with each other. . (b) Composition of the board and inclusion of public libraries Section 117(b)(2)(A)(iv) is amended by striking individuals with disabilities and and inserting public libraries, individuals with disabilities, and . (c) Worker representation Section 117(b) is further amended by adding at the end the following: (5) Worker representation Not less than 20 percent of the Board shall be comprised of representatives of the workforce within the local area, and— (A) shall include representatives described in clause (iii) of paragraph (2)(A); (B) may include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that provide or support competitive, integrated employment for individuals with disabilities; and (C) may include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. . (d) Required functions of the local boards Section 117(d) is amended— (1) in the matter preceding paragraph (1), by striking The functions and inserting Consistent with section 118, the functions ; (2) by amending paragraph (1) to read as follows: (1) Local plan The local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor that meets the requirements in section 118. If the local area is part of a planning region that includes other local areas, the local board shall collaborate with the other local boards and chief elected officials from such other local areas in the development and submission of the local plan as described in section 116(c)(1)(A). ; and (3) in paragraph (3)(B)(i)— (A) in subclause (II), by inserting or the local board after entity ; (B) in subclause (III), by inserting adult education, literacy and employment services after workforce investment activities ; (C) in subclause (III)(ii), by adding at the end the following: which staff, including staff of a one-stop center, report to and are responsible to the local board and not the chief elected official ; (4) in paragraph (4) by striking with respect through in local area and inserting in its local area over the core programs as described in this Act ; (5) in paragraph (8)— (A) in the paragraph heading, by striking connecting and inserting convening ; (B) by striking connecting and inserting convening ; and (C) by adding at the end the following: and to link youth, dislocated workers and others to opportunities for employment, internships, registered apprenticeships, or work-based learning ; and (6) by adding at the end the following new paragraphs: (9) Career pathways development The local board, in consultation with the State board and with representatives of secondary, postsecondary, career and technical education, and adult education programs, shall lead efforts in the local area to develop and implement career pathways within the local area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment. (10) Workforce research and regional labor market analysis In order to assist in the development and implementation of the local plan, the local board shall coordinate with the State public employment services under the Wagner-Peyser Act (29 U.S.C. 49 et seq.) to— (A) utilize analyses of the economic conditions in the region, the needed knowledge and skills for the region, the workforce in the region, and workforce development activities (including education and training) in the region described in section 118(b)(1), and regularly update such information; (B) assist the Governor in developing the statewide labor market information system described in section 15(e) of the Wagner-Peyser Act ( 29 U.S.C. 49l–2(e) ), specifically in the collection, analysis, and utilization of labor market information for the region; and (C) assemble and utilize such other research, data collection, and analysis related to the workforce needs of the regional economy as the board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions. (11) Proven and promising practices The local board shall lead efforts in the local area to— (A) identify and promote proven and promising strategies and initiatives for meeting the needs of employers, and workers and job seekers (including individuals with barriers to employment) in the local workforce investment system, including providing physical and programmatic accessibility, in accordance with section 288 and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), to the one-stop delivery system; and (B) identify and disseminate information, in coordination with the Department of Labor and the State board, on proven and promising practices carried out in other local areas for meeting such needs. (12) Technology The local board shall develop strategies for using technology to maximize the accessibility and effectiveness of the local workforce investment system for employers, and workers and job seekers, by— (A) facilitating connections among the reporting systems of the one-stop partner programs to support a comprehensive workforce investment system in the local area; (B) facilitating access to services provided throughout the one-stop delivery system involved, including facilitating the access in remote areas; (C) identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery and technologies that increase access to services and programs of the one-stop delivery system for individuals with disabilities and other barriers to employment; and (D) leveraging resources and capacity within the local workforce investment system, including resources and capacity for services for individuals with barriers to employment. (13) Advertising The local board shall plan for advertising one-stop services throughout the local area. (14) Transition The local board shall develop strategies to ensure that services provided in the local area are coordinated with and meet the transition goals and services developed for children with disabilities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act. (15) Literacy The local board shall ensure that one-stop operators in the local area develop and implement policies to ensure that the literacy and English language skills of an adult or eligible youth are not barriers to accessing services, including training services, that are available to assist individuals obtain and maintain employment. (16) Sector initiatives The local board shall develop and expand sector initiatives in the local area or region which may include the convening of industry or sector partnerships relating to in-demand industry sectors and occupations. . (e) Contents of the local plan Section 118(b) is amended— (1) in paragraph (1), by striking an identification of— and inserting based on a labor market study and input solicited from local businesses, an identification of— (2) by redesignating paragraphs (7) through (10) as paragraphs (8) through (11), respectively, and by inserting after paragraph (6) the following: (7) a description of how the local board will coordinate workforce investment activities carried out in the local area with apprenticeship programs registered under the National Apprenticeship Act (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); ; and (3) by adding at the end the following: (12) a description of the procedure or process for implementing a priority of service for adult employment and training activities in accordance with section 134(d)(4)(E); and (13) a description of how the local board will coordinate workforce investment activities carried out in the local area with employment, training, and literacy services carried out by public libraries. . 114. Additional one-stop programs and activities Section 121 is amended— (1) in subsection (b)— (A) in paragraph (1)(B)— (i) in clause (xi), by striking ; and and inserting a semicolon; (ii) in clause (xii), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (xiii) programs authorized under section 212 of the Second Chance Act of 2007 ( 42 U.S.C. 17532 ); and (xiv) programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), subject to subparagraph (C). (A) Determination by the Governor (i) In general An entity that carries out a program referred to in subparagraph (B)(xiv) shall be included in the one-stop partners for the local area, as a required partner, for purposes of this Act and the other core program provisions that are not part of this Act, unless the Governor provides the notification described in clause (ii). (ii) Notification The notification referred to in clause (i) is a notification that— (I) is made in writing of a determination by the Governor not to include such entity in the one-stop partners described in clause (i); and (II) is provided to the Secretary and the Secretary of Health and Human Services. ; and (B) in paragraph (2)(B), by striking clause (i) and redesignating clauses (ii) through (v) as clauses (i) through (iv), respectively; and (2) in subsection (e)— (A) by striking If a one-stop and inserting: (1) Existing systems If a one-stop ; and (B) by adding at the end the following: (2) Collocation of Wagner-Peyser services Consistent with section 3(d) of the Wagner-Peyser Act ( 29 U.S.C. 49b(d) ), and in order to improve service delivery, avoid duplication of services, and enhance coordination of services, the employment service offices in each State and the one-stop centers established under this title shall be collocated to the extent practicable. (3) Use of common one-stop delivery system identifier Each one-stop delivery system shall include in the identification of products, programs, activities, services, facilities, and related property and materials, a common one-stop delivery identifier. The identifier shall be developed by the Secretary of Labor, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and local boards and of other stakeholders in the one-stop delivery system, not later than the beginning of the second full program year after the date of enactment of this Act. Such common identifier may consist of a logo, phrase, or other identifier that informs users of the one-stop delivery system that such product, programs, activities, services, facilities, property, or materials are being provided through such system. Nothing in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers. . 115. Providers of training services Section 122 is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A)(ii), by striking or certificate and inserting recognized postsecondary credential ; and (ii) in subparagraph (C), by inserting , which may include joint labor-management organizations, sector partnerships, and eligible providers of adult education and literacy activities under title II if such activities are provided in combination with occupational skills training before the period; and (B) by adding at the end the following: (3) Inclusion on list of eligible providers A private provider described in subparagraph (C) of paragraph (2) shall comply with the criteria, information requirements, and procedures established under this section to be included on the list of eligible training services described in paragraph (3). A public provider described in subparagraph (A) and a provider described in subparagraph (B) of paragraph (2) shall be included and maintained on the list of eligible providers of training services described in subsection (d) for so long as they comply with the requirements of this section and for so long as a provider described in subparagraph (B) remains registered as described in such subparagraph. ; (2) in subsection (d)(1)(A) is amended by adding at the end the following: (iii) information on the performance of the provider with respect to the performance accountability measures described in section 136 for such participants (taking into consideration the characteristics of the population served and relevant economic conditions), and information specifying the percentage of such participants who entered unsubsidized employment in an occupation related to the program, to the extent practicable; and (iv) information on secondary or postsecondary diploma or its recognized equivalent, or recognized postsecondary credentials received by such participants; and ; (3) in subsection (e), by inserting after the first sentence the following: The list of providers shall also be based on the identified labor market needs of employers in the local area based on input solicited from local business and identified in the local plan pursuant to section 118(b)(1). ; and (4) in subsection (h)— (A) in the subsection heading, by striking or customized training and inserting incumbent worker training, customized training, and other training exceptions ; and (B) in paragraph (1), by striking or customized training and inserting incumbent worker training, customized training, internships, and paid or unpaid work experience opportunities, or transitional employment . 116. Youth activities (a) Definition of disadvantaged youth and State allotments Section 127 is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall use the amount appropriated under section 137(a) for a fiscal year to make allotments and grants in accordance with subparagraphs (A) and (B) of subsection (b)(1) and make funds available for use under section 166 (relating to Native American programs). ; (2) in subsection (b)— (A) in paragraph (1), by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2) by amending subparagraph (C) to read as follows: (C) Disadvantaged youth Subject to paragraph (3), the term disadvantaged youth means an individual who— (i) is age 16 through 24; and (ii) received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed 150 percent of the poverty line. ; and (3) in subsection (c), by amending paragraph (2) to read as follows: (2) Amount The amount available for reallotment for a program year is equal to the amount by which the unobligated balance from State allotments to the State at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (including amounts from State allotments to the State, for all program years before that prior program year) that remained available. . (b) Within State allocations Section 128(c)(2) is amended to read as follows: (2) Amount (A) In general The amount available for allocation for a program year is equal to the amount by which the balance that is unobligated and unencumbered for training services at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the local area for that prior program year, consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area, for all program years before that prior program year) that remained available. (B) Balance of funds For purposes of this paragraph, the balance that is unobligated and unencumbered for training services is the amount that is the difference between— (i) the total amount of funds available to the local area under this section for that prior program year consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area for all program years before that prior program year) that remained available; and (ii) the amount, from that total amount of available funds, that is obligated or encumbered (in accordance with generally accepted accounting principles) for training services during such prior program year, except that for purposes of this paragraph the amount included as encumbered for raining services shall not exceed 10 percent of the total amount of available funds described in clause (i). . (c) Required statewide youth activities Section 129(b)(2) is amended— (1) in subparagraph (C)— (A) by inserting , or that fail to meet local performance accountability measures, after concentrations of eligible youth ; and (B) by striking the period at the end and inserting ; and ; and (2) by adding at the end the following new subparagraph: (D) providing technical assistance to, as appropriate, local boards, one-stop operators, and eligible providers, including support for the training or staff in evidence-based practices for serving eligible youth (including joint training) and facilitating remote access to services provided through the one-stop delivery system. . (d) Local elements and requirements Section 129(c) is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking shall identify an and inserting shall identify career pathways that include education and employment goals ; and (B) in subparagraph (C)— (i) in clause (i), by striking , in appropriate cases ; (ii) in clause (ii), by striking strong linkages between academic and occupational learning and inserting activities leading to the attainment of a secondary school diploma or its recognized equivalent, or a recognized postsecondary credential ; and (iii) in clause (iv)— (I) by inserting employers, including small employers, and in-demand occupations after effective connections to ; and (II) by striking subclauses (I) and (II); (2) in paragraph (2)— (A) by striking subparagraph (C) and redesignating subparagraphs (D) through (J) as subparagraphs (C) through (I), respectively; (B) in subparagraph (C) (as so redesignated)— (i) by striking work experiences as appropriate, and inserting work experiences that include academic, area career and technical education or occupational education to ensure youth are college and career ready, ; and (ii) after including internships, by inserting summer employment, pre-apprenticeships programs, on-the-job training, ; (C) in subparagraph (E) (as so redesignated), by inserting such as youth service and conservation corps, after include community service ; (D) in subparagraph (F) (as so redesignated), by inserting , financial literacy education, and entrepreneurial skills training after supportive services ; and (E) in subparagraph (I) (as so redesignated), after which , by inserting shall include career counseling and career exploration services, as appropriate, and ; (3) in paragraph (3)(C), by inserting and family members, mentors, after parents ; and (4) by amending paragraph (4)(A) to read as follows: (A) In general For any program year, not less than 60 percent of the funds described in paragraph (1) shall be used to provide youth workforce investment activities for out-of-school youth. . 117. Adult and dislocated worker training activities (a) Definition of disadvantaged adult Section 132(b)(1)(v)(IV) is amended by striking does not exceed and all that follow and inserting 150 percent of the poverty line. . (b) Reallotment Section 132(c)(2) is amended to read as follows: (2) Amount The amount available for reallotment for a program year is equal to the amount by which the unobligated balance from State allotments to the State at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the State for that prior program year, consisting of the State allotment to the State for such prior program year (including amounts from State allotments to the State, for all program years before that prior program year) that remained available. . (c) Transfer authority Section 133(b)(4) is amended by striking 20 percent both places it appears and inserting 30 percent . (d) within State Reallocation Section 133(c) 2 is amended to read as follows: (2) Amount (A) In general The amount available for allocation for a program year is equal to the amount by which the balance that is unobligated and unencumbered for training services at the end of the program year prior to the program year for which the determination is made, exceeds 10 percent of the total amount of funds available to the local area for that prior program year, consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area, for all program years before that prior program year) that remained available. (B) Balance of funds For purposes of this paragraph, the balance that is unobligated and unencumbered for training services is the amount that is the difference between— (i) the total amount of funds available to the local area under this section for that prior program year consisting of the local allocation to the local area for such prior program year (including amounts from local allocations to the local area for all program years before that prior program year) that remained available; and (ii) the amount, from that total amount of available funds, that is obligated or encumbered (in accordance with generally accepted accounting principles) for training services during such prior program year, except that for purposes of this paragraph the amount included as encumbered for raining services shall not exceed 10 percent of the total amount of available funds described in clause (i). . (e) Use of unobligated rapid-Response funds Section 134(a)(2) is amended— (1) in subparagraph (A)— (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (B) by striking A State shall use and inserting: (i) In general A State shall use ; and (C) by adding at the end the following: (ii) Use of unobligated funds Funds reserved by a Governor under section 133(a)(2) to carry out this subparagraph that remain unobligated after the first program year for which such funds were allotted may be used by the Governor to carry out statewide activities authorized under subparagraph (B) or paragraph (3)(A), in addition to activities under this subparagraph. ; and (2) in subparagraph (B)— (A) in clause (v), by striking ; and and inserting a semicolon; (B) in clause (vi), by striking the period and inserting ; and ; and (C) by adding at the end the following new clause: (vii) developing, implementing, and using layoff aversion strategies in collaboration with appropriate economic development and private sector entities, for implementation of strategies that may include early identification of firms at risk of layoffs, use of feasability studies to assess the needs of and options for at-risk firms and the delivery of employment, training, economic development, investment and financial restructuring activities to address identified risk factors. . (f) Shared services Section 134(d)(1)(B) is amended— (1) by striking A portion and inserting the following: (i) In general A portion ; and (2) by adding at the end the following: (ii) Additional costs of one-stop Subject to the memorandum of understanding described in section 121(c) for the one-stop delivery system involved, in addition to the funds provided for one-stop infrastructure described in section 137(d), a portion of funds made available under Federal law authorizing the programs described in section 121(b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under section 137(d), as determined in accordance with clause (iv), to the extent not inconsistent with the Federal law involved. Such costs shall include the costs of the provision of core services described in section 134(d)(2) applicable to each program and may include common costs that are not paid from the funds provided under section 137(d). (iii) Shared services Costs of shared services may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individuals, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and other similar services. (iv) determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program for a one-stop center shall be determined as part of the development of the memorandum or understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memorandum of understanding, of an appropriate allocation of the funds and noncash resources in local areas. . (g) Training services Section 134(d)(4) is amended— (1) in subparagraph (B), by adding at the end the following: (iii) Rule of construction Nothing in this paragraph shall be construed to require an individual to receive core or intensive services under paragraphs (2) or (3), respectively, prior to receiving training services under this paragraph. ; (2) in subparagraph (D)— (A) in clause (ix), by striking ; and and inserting a semicolon; and (B) by adding at the end the following: (x) education, training, and skill upgrading for individuals to work and maintain proficiency as workplace learning advisors in programs sponsored by employers or joint labor-management partnerships. ; (3) in subparagraph (E)— (A) by striking In the event through priority and inserting With respect to funds allocated to a local area for adult employment and training activities, priority ; (B) by inserting individuals with barriers to employment after public assistance and other ; and (C) by striking making determination related to and inserting implementing ; (4) by striking subparagraph (G) and inserting the following: (G) Use of individual training accounts (i) In general Except as provided in clause (ii), training services provided under this paragraph shall be provided through the use of individual training accounts in accordance with this paragraph, and shall be provided to eligible individuals through the one-stop delivery system. (ii) Training contracts Training services authorized under this paragraph may be provided pursuant to a contract for services in lieu of an individual training account if— (I) the requirements of subparagraph (F) are met; (II) such services are on-the-job training, registered apprenticeships, customized training, incumbent worker training, entrpreneurial skills training, or transitional employment; (III) the local board determines there are an insufficient number of eligible providers of training services in the local area involved (such as in a rural area) to accomplish the purposes of a system of individual training accounts; (IV) the local board determines that there is a training services program of demonstrated effectiveness offered in the local area by a community-based organization or another private organization to serve individuals with barriers to employment; or (V) the local board determines that it would be most appropriate to award a contract to an institution of higher education or other eligible provider of training services, including area career and technical education centers in order to facilitate the training of multiple individuals in in-demand industry sectors or occupations and that such contract does not limit customer choice. (iii) Linkage to occupations in demand Training services provided under this paragraph shall be directly linked to an in-demand industry sector or occupation in the local area or region, or in another area to which an adult or dislocated worker receiving such services is willing to relocate, except that a local board may approve training services for occupations determined by the local board to be in sectors of the economy that have a high potential for sustained demand or growth in the local area. (iv) Rule of construction Nothing in this paragraph shall be construed to preclude the combined use of individual training accounts and contracts in the provision of training services, including arrangements that allow individuals receiving individual training accounts to obtain training services that are contracted for under clause (ii). ; and (5) by adding at the end the following: (H) Reimbursement for on-the-job training (i) Reimbursement level For purposes of the provision of on-the-job training under this paragraph, the Governor or local board involved may increase the amount of the reimbursement described in section 101(31) to an amount of up to 75 percent of the wage rate of a participant for a program carried out under this chapter, if, respectively— (I) the Governor approves the increase with respect to a program carried out with funds reserved by the State under that chapter, taking into account the factors described in clause (ii); or (II) the local board approves the increase with respect to a program carried out with funds allocated to a local area under such chapter, taking into account those factors. (ii) Factors For purposes of clause (i), the Governor or local board, respectively, shall take into account factors consisting of— (I) the characteristics of the participants; (II) the size and resources of the employer; (III) the likely employment opportunities available to workers who complete an on-the-job training program; and (IV) such other factors as the Governor or local board, respectively, may determine to be appropriate, which may include the number of employees participating in the training, wage and benefit levels of those employees (at present and anticipated upon completion of the training), relation of the training to the competitiveness of a participant, and other employer-provided training and advancement opportunities. . (h) Incumbent worker training programs and transitional jobs Section 134(e) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking ; and and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) work support activities designed to assist low-wage workers in retaining and enhancing employment, such as the provision of activities described in this section during nontraditional hours and the provision of child care while such activities are being provided. ; and (2) by adding at the end the following new paragraphs: (4) Incumbent worker training programs (A) In general (i) Standard reservation of funds Except as provided in clause (ii), the local board may reserve and use not more than 15 percent of the funds allocated to the local area involved under section 133(b) to pay for the Federal share of the cost of providing training through a training program for incumbent workers, carried out in accordance with this paragraph. (ii) Increased reservation of funds If the local board determines that there is sufficient evidence that use of the funds reserved under clause (i) led to employee retention by and contributed to creation of new jobs with employers that participated in incumbent worker training programs, the local board may reserve and use not more than a total of 20 percent of such funds to pay for the Federal share of such costs. (iii) Determination of eligibility For the purpose of determining the eligibility of an employer to receive funding under clause (i), the local board shall take into account factors consisting of— (I) the characteristics of the participants in the program; (II) the relationship of the training to the competitiveness of a participant and the employer; and (III) such other factors as the local board may determine to be appropriate, which may include the number of employees participating in the training, the wage and benefit levels of those employees (at present and anticipated upon completion of the training), and the existence of other training and advancement opportunities provided by the employer. (iv) Statewide impact The Governor or State board involved may make recommendations to the local board for providing incumbent worker training that has statewide impact. (B) Training activities The training program for incumbent workers carried out under this paragraph shall be carried out by the local board in conjunction with the employers or groups of employers of such workers, or a labor-management partnership, including joint registered apprenticeship programs, for the purpose of assisting such workers in obtaining the skills necessary to retain employment or avert layoffs. (C) Employer payment of non-Federal share Employers participating in the program carried out under this paragraph shall be required to pay for the non-Federal share of the cost of providing the training to incumbent workers of the employers. (D) Non-Federal share (i) Factors Subject to clause (ii), the local board shall establish the non-Federal share of such cost (taking into consideration such other factors as the number of employees participating in the training, the wage and benefit levels of the employees (at the beginning and anticipated upon completion of the training), the relationship of the training to the competitiveness of the employer and employees, and the availability of other employer-provided training and advancement opportunities). (ii) Limits The non-Federal share shall not be less than— (I) 10 percent of the cost for employers with not more than 50 employees; (II) 25 percent of the cost, for employers with more than 50 employees but not more than 100 employees; and (III) 50 percent of the cost, for employers with more than 100 employees. (iii) Calculation of employer share The non-Federal share provided by an employer participating in the program may include the amount of the wages paid by the employer to a worker while the worker is attending a training program under this paragraph. (E) Worker protections If an incumbent worker training program is proposed for an employer whose workers are covered by a collective bargaining agreement, the union representing those workers will be consulted regarding the incumbent worker training program and concur prior to the start of the program. (5) Transitional jobs The local board may use not more than 15 percent of the funds allocated to the local area involved under section 133(b) to provide transitional jobs under subsection (c)(4) that— (A) are time-limited work experiences in integrated settings that are subsidized and are in the public, private, or nonprofit sectors for individuals with barriers to employment who are chronically unemployed, have no employment experience or have an inconsistent work history; (B) are combined with comprehensive employment and supportive services; (C) are designed to assist the individuals described in subparagraph (A) to establish a work history, demonstrate success in the workplace, and develop the skills that lead to entry into and retention in unsubsidized employment; and (D) assist in placement or hiring to an unsubsidized job. . 118. Unified performance accountability system Section 136 is amended to read as follows: 136. Unified performance accountability system (a) Purpose The purpose of this section is to establish shared performance accountability measures that apply across the core programs to assess the effectiveness of States and local areas in achieving positive outcomes for individuals served by those programs. (b) State unified performance accountability measures (1) In general For each State, the unified performance accountability measures for the core programs shall consist of— (A) (i) the primary indicators of performance described in paragraph (2)(A); and (ii) the additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) A State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Primary indicators of performance (i) In general The State primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under chapter 6 of subtitle B of title I, the program of adult education and literacy activities authorized under title II, the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.) (except that subclauses (IV) and (V) shall not apply to such program), and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741), shall consist of— (I) the percentage and number of program participants who are in unsubsidized employment during the second quarter after exit from the program; (II) the percentage and number of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; (III) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program compared to the median earnings of such participants prior to the training; (IV) the percentage of program participants who obtain a recognized postsecondary credential, including in a registered apprenticeship or on-the-job training program, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program; (V) the percentage of program participants who, during a program year, are in an education or training program, including a registered apprenticeship or on-the-job training program, that leads to a recognized postsecondary credential or a secondary school diploma or its recognized equivalent, or employment and who are achieving measurable basic skill gains toward such a credential or employment; and (VI) the indicators of effectiveness in serving employers established pursuant to clause (iv). (ii) Primary indicators of performance for eligible youth The primary indicators of performance for the youth program authorized under chapter 4 of this subtitle shall consist of— (I) the percentage and number of program participants who are in education or training activities, or in unsubsidized employment during the second quarter after exit from the program; (II) the percentage and number of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program; (III) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program compared to the median earnings of such participants prior to the training; (IV) the percentage of program participants who obtain a recognized postsecondary credential described in clause (i)(IV), or a secondary school diploma or its recognized equivalent subject to clause (iii) during participation in or within 1 year after exit from the program; (V) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or a secondary school diploma or its recognized equivalent, or employment and who are achieving measurable basic skill gains toward such a secondary credential or employment; and (VI) the indicators of effectiveness in serving employers established pursuant to clause (iv). (iii) Indicator relating to credential For purposes of clause (i)(IV) or (ii)(IV), program participants who obtain a secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential described in clause (i)(IV) within 1 year after exit from the program. (iv) Indicator for services to employers Prior to the commencement of the second full program year after the date of enactment of this Act, for purposes of clauses (i)(VI) and (ii)(V), the Secretary of Labor and the Secretary of Education after consultation with the representatives described in subsection (h)(2), shall jointly develop and establish, for purposes of this subparagraph, 1 or more primary indicators of performance that indicate the effectiveness of the core programs in serving employers. (B) Additional indicators A State may identify in the State plan additional performance accountability indicators. (3) Levels of performance (A) State adjusted levels of performance for primary indicators (i) In general For each State submitting a State plan, there shall be established, in accordance with this subparagraph, levels of performance for each of the corresponding primary indicators of performance described in paragraph (2) for each of the programs described in clause (ii). (ii) Included programs The programs included under clause (i) are— (I) the youth program authorized under chapter 4 of this subtitle; (II) the adult program authorized under chapter 5 of this subtitle; (III) the dislocated worker program authorized under chapter 5 of this subtitle; (IV) the program of adult education and literacy activities authorized under title II; (V) the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ); and (VI) the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741). (iii) Identification of State plan Each State shall identify, in the State plan, expected levels of performance for each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for the first 2 program years covered by the State plan. (iv) Agreement of State adjusted levels of performance (I) First 2 years The State shall reach agreement with the Secretary of Labor and the Secretary of Education on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the first 2 program years covered by the State plan. In reaching the agreement, the State and Secretaries shall take into account the levels identified in the State plan under clause (iii) and the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan prior to the approval of such plan. (II) Third and fourth year The State and the Secretaries shall reach agreement, prior to the third program year covered by the State plan, on levels of performance for each indicator described in clause (iii) for each of the programs described in clause (ii) for each of the third and fourth program years covered by the State plan. In reaching the agreement, the State and Secretaries shall take into account the factors described in clause (v). The levels agreed to shall be considered to be the State adjusted levels of performance for the State for such program years and shall be incorporated into the State plan as a modification to the plan. (v) Factors In reaching the agreements described in clause (iv), the State and Secretaries shall— (I) take into account how the levels involved compare with the State adjusted levels of performance established for other States; (II) ensure that the levels involved are adjusted, using the objective statistical model established by the Secretaries pursuant to clause (viii), based on the difference among States in economic conditions (including differences in unemployment rates and job losses or gains in particular industries) and the characteristics of participants when the participants entered the program involved, including indicators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, and welfare dependency; (III) take into account the extent to which the levels involved promote continuous improvement in performance accountability on the performance accountability measures by such State and ensure optimal return on the investment of Federal funds; and (IV) take into account the extent to which the levels involved will assist the State in meeting the goals described in clause (vi). (vi) Goals In order to promote enhanced performance outcomes and to facilitate the process of reaching agreements with the States under clause (iv), the Secretary of labor and the Secretary of Education shall establish performance goals for the core programs, in accordance with the Government Performance and Results Act of 1993 and in consultation with States and other appropriate parties. Such goals shall be long-term goals for the adjusted levels of performance to be achieved by each of the programs described in clause (ii) regarding the corresponding primary indicators of performance described in paragraph (2)(A). (vii) Revisions based on economic conditions and individuals served during the program year The Secretary of Labor and the Secretary of Education shall, in accordance with the objective statistical model developed pursuant to clause (viii), revise the State adjusted levels of performance applicable for each of the programs described in clause (ii), for a program year and a State, to reflect the economic conditions and characteristics of participants (as described in clause (v)(II)) in that program during such program year in a such State. (viii) Statistical adjustment model The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in subsection (h)(2), shall develop and disseminate an objective statistical model that will be used to make the adjustments in the State adjusted levels of performance for economic conditions and characteristics of participants under clauses (v) and (vii). (B) Levels of performance for additional indicators The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under paragraph (2)(B). Such levels shall be considered to be State adjusted levels of performance for purposes of this section. (c) Local performance accountability measures (1) In general For each local area in a State designated under section 116, the local performance accountability measures for each of the program described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall consist of— (A) (i) the primary indicators of performance described in subsection (b)(2)(A) that are applicable to such programs; and (ii) additional indicators of performance, if any, identified by the State for such programs under subsection (b)(2)(B); and (B) the local level of performance for each indicator described in subparagraph (A). (2) Local level of performance The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local levels of performance based on the State adjusted levels of performance established under subsection (b)(3)(A). (3) Adjustment factors In negotiating the local levels of performance, the local board, the chief elected official, and the Governor shall make adjustments for the expected economic conditions and the expected characteristics of participants to be served in the local area, using the statistical adjustment model developed pursuant to subsection (b)(3)(A)(viii). In addition, the negotiated local levels of performance applicable to a program year shall be revised to reflect the economic conditions experienced and the characteristics of the populations served in the local area during such program year using the statistical adjustment model. (d) Performance accountability reports (1) In general Not later than 6 months after the date of enactment of the Workforce Investment Act of 2012, the Secretary of Labor and the Secretary of Education shall jointly develop a template for performance reports that shall be used by States, local boards, and eligible providers of training services under section 122 to report on outcomes achieved by the core programs, and to report on quantifiable benchmarks established in the State plan as described in section 112 or the State unified plan described in section 113 that demonstrate annual improvement with respect to each of the system-wide performance indicators established under subsection (j)(2) of this section. (2) Contents of State performance reports The performance report for a State shall include, subject to paragraph (5)(C)— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) and the State adjusted levels of performance with respect to such indicators for each program; (B) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals; (C) the total number of participants served by each type of service of the programs described in subsection (b)(3)(A)(ii), and the types of core, intensive, and training services provided; (D) the number of individuals with barriers to employment served by each type of service by each of the programs described in subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals; (E) the number of participants who are enrolled in more than 1 of the programs described in subsection (b)(3)(A)(ii); and (F) other information that facilitates comparisons of programs with programs in other States. (3) Contents of local area performance reports The performance reports for a local area shall include, subject to paragraph (5)(C)— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii), and the local adjusted levels of performance with respect to such indicators for each program; (B) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals; (C) the total number of participants served by each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii), and the types of core, intensive, and training services provided; (D) the number of individuals with barriers to employment served by each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals; (E) the number of participants who are enrolled in any of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) who are enrolled in more than 1 program described in subsection (b)(3)(A)(ii); and (F) other information that facilitates comparisons of programs with programs in other local areas (or planning regions, as appropriate). (4) Contents of eligible training providers performance reports The performance report for an eligible provider of training services under section 122 shall include, subject to paragraph (5)(C), with respect to each program of training services, including core, intensive, and training services, of such provider— (A) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) with respect to participants served under the adult and dislocated worker programs under chapter 5 of this subtitle; and (B) the number of participants served under each of the adult and dislocated worker programs under chapter 5 of this subtitle and the number of individuals with barriers to employment served under each of such programs, disaggregated by each subpopulation of such individuals. (5) Publication (A) State performance reports The Secretary of Labor and the Secretary of Education shall annually make publically available, including by electronic means, the performance reports for States and local areas containing the information described in paragraph (2). (B) Local area and eligible training provider performance reports The State shall make publically available, including by electronic means, the performance reports for the local areas containing the information described in paragraph (3) and the performance reports for eligible providers of training services containing the information described in paragraph (4). (C) Rules for reporting of data The disaggregation of data under this subsection shall not be required when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant. (e) Evaluation of State programs (1) In general Using funds authorized under a core program and made available to carry out this section, the State, in coordination with local boards in the State and the State agencies responsible for the administration of the core programs, shall conduct ongoing evaluations of activities carried out in the State under such programs and in accordance with the State unified plan. The State, local boards, and State agencies shall conduct the evaluations in order to promote, establish, implement, and utilize methods for continuously improving core program activities in order to achieve high-level performance within, and high-level outcomes from, the workforce investment system. To the maximum extent practicable, the State shall coordinate the valuations with the evaluations provided for the Secretary of Labor and Secretary of Education under section 172, section 343(b)(3)(E), section 10(b) of the Wagner-Peyser Act ( 29 U.S.C. 49i(b) ), and sections 12(a)(5), 14, and 107 of the Rehabilitation Act of 1973 ( 29 U.S.C. 709(a)(5) , 711, 727) (applied with respect to programs carried out under title I of that Act). (2) Design The evaluations conducted under this subsection shall be designed in conjunction with the State board, State agencies responsible for the administration of the core programs, and local boards and shall include analysis of customer feedback and outcome and process measures in the statewide workforce investment system. The evaluations may include the use of control groups. (3) Results The State shall periodically prepare, submit to the State board and local boards in the State, and make available to the public, including by electronic means, reports containing the results of evaluations conducted under this subsection, to promote the efficiency and effectiveness of the workforce investment system. (f) Sanctions for State failure To meet State performance accountability measures (1) States (A) Technical assistance If a State fails to meet the State adjusted levels of performance relating to indicators described in subsection (b)(2)(A) for a program for any program year, the Secretary of Labor and the Secretary of Education shall, upon request, provide technical assistance, including assistance in the development of a performance improvement plan. (B) Reduction in amount of grant If such failure continues for a second consecutive year, or if a State fails to submit a report under subsection (d) for any program year, the Secretary of Labor or the Secretary of Education, as appropriate, may reduce by not more than 5 percent, the amount of the allotment that would (in the absence of this paragraph) be payable to the State under such program for the immediately succeeding program year. Such penalty shall be based on the degree of failure to meet State adjusted levels of performance. (2) Funds resulting from reduced allotments The Secretary of Labor or the Secretary of Education, as appropriate, shall use any amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B), to provide technical assistance to the States the Secretaries determine to be appropriate to improve the performance of their core programs. (g) Sanctions for local area failure To meet local performance accountability measures (1) Technical assistance If a local area fails to meet local performance accountability measures established under subsection (c) for the youth, adult, or dislocated worker program authorized under chapter 2 or 3 of subtitle B of title I for a program described in subsection (d)(2)(A) for any program year, the Governor, or upon request by the Governor, the Secretary of Labor, shall provide technical assistance, which may include assistance in the development of a performance improvement plan, or the development of a modified local plan or regional plan. (2) Corrective actions (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, which may include development of a reorganization plan through which the Governor may— (i) require the appointment and certification of a new local board, consistent with the criteria established under section 117(b)(1); (ii) prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance; (iii) redesignate the local area in accordance with section 116; or (iv) take such other actions as the Governor determines are appropriate. (B) Appeal by local area (i) Appeal to governor The local board and chief elected official for a local area that is subject to a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan. In such case, the Governor shall make a final decision not later than 30 days after the receipt of the appeal. (ii) subsequent action The local board and chief elected official for a local area may, not later than 30 days after receiving a decision from the Governor pursuant to clause (i), appeal such decision to the Secretary of Labor. In such case, the Secretary shall make a final decision not later than 30 days after the receipt of the appeal. (C) Effective date The decision made by the Governor under subparagraph (B)(i) shall become effective at the time the Governor issues the decision pursuant to such clause. Such decision shall remain effective unless the Secretary of Labor rescinds or revises such plan pursuant to subparagraph (B)(ii). (h) Definitions of indicators of performance (1) In general In order to ensure nationwide comparability of performance data, the Secretary of Labor and the Secretary of Education, after consultation with representatives described in paragraph (2), shall issue definitions for the indicators described in this section. (2) Representatives The representatives referred to in paragraph (1) are representatives of States and political subdivisions, business and industry, employees, eligible providers of activities carried out through the core programs, educators, researchers, participants, the lead State agency officials with responsibility for the programs carried out through the core programs, individuals with expertise in service individuals with barriers to employment, and other interested parties. (i) Fiscal and management accountability information systems (1) Wage records In measuring the progress of the State across all core programs as identified in section 136(b)(2)(A) on State and local performance accountability measures, a State shall utilize quarterly wage records, consistent with State law. The Secretary of Labor shall make arrangements, consistent with State law, to ensure that the wage records of any State are available to any other State to the extent that such wage records are required by the State in carrying out the State plan of the State or completing the annual report described in subsection (d). (2) Confidentiality In carrying out the requirements of this Act, the State shall comply with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (j) System-Wide improvements (1) Purpose The purpose of this subsection is to establish system-wide improvements across all programs to enhance data collection, ensure accountability and increase administrative efficiencies in employment and training programs that will expand the capacity and improve the performance of the workforce system. (2) Development and implementation (A) In general The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in subsection (h)(2), shall develop system-wide performance measures across the one-stop partner programs described in section 121(b) to measure the collective effectiveness of the workforce investment system in aligning and coordinating the core programs and other one-stop partner programs, employers as a meaningful system partner to address businesses and other employer immediate and long-term skilled workforce needs in in-demand, high-growth, and other occupations important to a State, regional, or local economy, expanding access to education and training for participants (including participants with barriers to employment), and establishing or strengthening credential attainment and measurement strategies. Not later than the beginning of the third program year, the Secretary of Labor and the Secretary of Education after consultation with the representatives described in subsection (h)(2), shall develop system-wide performance accountability measures. (B) Benchmarks Not later than the beginning of the third program year, each State shall include in the State plan described in section 112 or the State unified plan described in section 113 quantifiable benchmarks that demonstrate annual improvement with respect to each of the system-wide performance indicators established under this section. (C) Requirements For each State, the system-wide performance accountability measures shall consist of— (i) the indicators of performance described in paragraph (3) (A) through (D); (ii) any other indicators established by the Secretary of Labor and the Secretary of Education in consultation with the representatives described in subsection (h)(2); and (iii) a State adjusted level of performance for each indicator described in paragraph (3). (3) Indicators of performance The indicators of system-wide performance shall be measured from baseline data collected in the first year after the date of enactment of this subsection and shall consist of the following: (A) Indicators of effectiveness in engaging employers as a system partner The State indicators of effectiveness in serving employers shall at a minimum consist of— (i) the number and percentage of employers in the State using one-stops; (ii) the total number of returning employers in the State using one-stops and one-stop partner program services, including training; (iii) the number of training modules created for specific employers or groups of employers; and (iv) the size of each employer in the State using one-stops and one-stop partner programs services. (B) Indicators of expanded access to training services The State indicators of expanded access to training services shall at a minimum consist of— (i) the number and percentage of participants who received training or education services under a one-stop partner program; (ii) the number and percentage of participants and youth with barriers to employment who received services from a one-stop partner program resulting in entry into an education and training program that leads to employment or a recognized postsecondary credential; (iii) the total number and percentage of participants concurrently enrolled in two or more core programs, or in at least one other one-stop partner program; (iv) the number and percentage of participants engaged in career pathways; and (v) the total number and percentage of participants who are enrolled and whose training is co-funded by Pell grants or other sources of financial aid. (C) Indicators of credential attainment and measurement The State indicators of credential attainment and measurement shall at a minimum consist of the total number and percentage of recognized postsecondary credentials earned during the program year by, or awarded to, participants of programs described in section 136(b)(3)(A)(i). (D) Additional indicators A State may identify in a State plan additional system-wide performance accountability indicators. (4) Levels of performance (A) State adjusted levels of performance for system-wide performance accountability indicators (i) In general For each State submitting a State plan under section 112 or section 113, there shall be established, in accordance with this paragraph, levels of performance for each of the system-wide performance accountability indicators that shall measure aggregate performance for the programs referred to in section 121(b)(1)(B), and which may include data from programs referred to in section 121(b)(2)(B). (ii) Identification in State plan Prior to the third program year after enactment of this Act, each State shall identify, in the State plan, expected levels of performance for each of the corresponding system-wide performance accountability indicators under subsection (j)(2) for each of the third and fourth program years covered by the State plan. (iii) Agreement on State adjusted levels of performance The State shall reach agreement with the Secretary of Labor and the Secretary of Education on levels of performance for each indicator under subsection (j)(2) for each of the third and fourth program years covered by the State plan. In reaching the agreement, the State and Secretaries shall take into account the levels identified in the State plan under clause (ii), and may take into account the factors described in subsection (c)(3)(A)(v). (B) Levels of performance for additional indicators The State may identify, in the State plan, State levels of performance for each of the additional indicators identified under subsection (j)(2)(E). Such levels shall be considered the State adjusted levels of performance for purposes of this section. (C) Failure to meet system-wide performance accountability measures If a State fails to meet State adjusted levels of performance relating to indicators described in paragraph (3) for any program year the Secretary of Labor and the Secretary of Education shall, upon request, provide technical assistance, including assistance in the development of a performance improvement plan. (5) Reports Not later than 1 year after the date of the enactment of the Workforce Investment Act of 2012, the Secretary of Labor shall report to the Committee on Education and the Workforce on the indicators described in paragraph (2) of this section and provide recommendations to the Committee on improving coordination and increasing efficiencies in one-stop partner programs. . 119. Authorization of funding for one-stop infrastructure Section 137 is amended by adding at the end the following: (d) One-Stop infrastructure (1) Authorization of Appropriations In addition to the funds authorized under subsections (a), (b), and (c), there is authorized to be appropriated an additional amount equal to 3 percent of the total of amounts appropriated under such subsections, for costs of infrastructure including rental costs and other expenses associated with establishing and maintaining one-stop centers in accordance with section 121. (2) Allotment The Secretary shall allot the funds appropriated pursuant to paragraph (1) for each fiscal year among the States as follows: (A) Two-thirds of such sums shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State as compared to the total number of such individuals in all States. (B) One-third of such sums shall be allotted on the basis of the relative number of unemployed individuals in each State as compared to the total number of such individuals in all States. For purposes of this paragraph, the number of individuals in the civilian labor force and the number of unemployed individuals shall be based on data for the most recent calendar year available, as determined by the Secretary. . C Job Corps 131. Purposes Section 141(1) is amended to read as follows: (1) to maintain a national Job Corps program, carried out in partnership with States and communities, to— (A) assist eligible youth to connect to the labor force by providing them with intensive social, academic, career and technical education, and service-learning opportunities, in primarily residential centers, in order for such youth to obtain secondary school diplomas or recognized postsecondary credentials leading to— (i) successful careers, in in-demand industry sectors or occupations or the Armed Forces, that will result in economic self-sufficiency and opportunities for advancement; or (ii) enrollment in postsecondary education; and (B) support responsible citizenship; . 132. Definitions Section 142 is amended— (1) in paragraph (2)— (A) by striking customer service ; (B) by striking intake and inserting assessment ; and (C) by striking a Jobs Corps center and inserting support the purposes of the Jobs Corps ; (2) in paragraph (4), by striking before completing the requirements and all that follows and inserting prior to becoming a graduate. ; (3) in paragraph (5), by striking has completed the requirements and all that follows and inserting the following: who, as a result of participation in the Job Corps program, has received a secondary school diploma or recognized equivalent or completed the requirements of a career and technical education and training program that prepares individuals for employment leading to economic self-sufficiency or entrance into postsecondary education or training. ; and (4) in paragraph (9), by striking area served by a regional office of the Employment and Training Administration and inserting defined by the Secretary . 133. Individuals eligible for the Job Corps Section 144 is amended by adding at the end the following: (4) Special rule for veterans Notwithstanding the requirement of paragraph (2), a veteran of the Armed Forces shall be eligible to become an enrollee under this section if the individual— (A) meets the requirements of paragraphs (1) and (3); and (B) does not meet the requirement of paragraph (2) because the military income earned by such individual within the 6-month period prior to the individual’s application for Job Corps prevents the individual from meeting such requirement. . 134. Recruitment, screening, selection, and assignment of enrollees Section 145 is amended— (1) in subsection (a)(2)— (A) in subparagraph (C)(i), by striking vocational and inserting career and technical education and training ; and (B) by amending subparagraph (E) to read as follows: (E) assure appropriate representation of enrollees from urban areas and from rural areas. ; (2) in subsection (a)(3)— (A) in subparagraph (B), by striking ; and and inserting a semicolon; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) child welfare agencies that are responsible for children in foster care and children eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677). ; (3) in subsection (b)(1)(B), by inserting and agrees to such rules after failure to observe the rules ; (4) in subsection (c)— (A) in paragraph (1) in the matter preceding subparagraph (A), by striking an assignment and inserting a ; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking the Secretary shall, every 2 years, analyze, for the Job Corps center— and inserting every 2 years the Secretary, in consultation with operators of Job Corps centers, shall analyze relevant factors relating to each Job Corps center, including— ; (C) in subparagraph (B), by striking ; and and inserting a semicolon; (D) in subparagraph (C)— (i) by inserting the education, training, and supportive after including ; and (ii) by adding and after the semicolon; and (E) by adding at the end the following: (D) the performance of the Job Corps center relating to the expected levels of performance for the indicators described in section 159(c)(1), and whether any actions have been taken with respect to such center pursuant to paragraphs (2) and (3) of section 159(f). ; and (5) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the and inserting offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The ; and (ii) by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by striking to the home of and inserting to the home of that offers the career and technical education and training desired by . 135. Enrollment Section 146(b) is amended— (1) in paragraph (1), by striking or ; and (2) by redesignating paragraph (2) as paragraph (4) and inserting after paragraph (1) the following: (2) in the case of an individual with a disability who would reasonably be expected to meet the standards for a Job Corps graduate, as defined under section 142(5), if allowed to participate in the Job Corps for not more than 1 additional year; (3) in the case of an individual who participates in national service, as authorized by a Civilian Conservation Center program, who would be granted an enrollment extension in the Job Corps for the amount of time equal to the period of national service; or . 136. Job Corps centers Section 147 is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking vocational both places it appears and inserting career and technical ; and (ii) in subparagraph (B), by inserting , or other entity with the necessary capacity, after local entity ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) and inserting subsections (a) and (b) of section 3304 of title 41, United States Code, ; and (ii) in subparagraph (B)(i)— (I) in subclause (II), by striking vocational and inserting career and technical education and ; (II) in subclause (III), by striking is familiar with the surrounding communities, and inserting demonstrates relationships with the surrounding communities, employers, labor organizations, workforce boards, ; and (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity's demonstrated effectiveness in assisting individuals in achieving the primary indicators of performance for eligible youth described in section 136(b)(2)(A)(ii). ; and (2) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall provide, in addition to academics, career and technical education and training, and workforce preparation skills training, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Assistance during disasters Enrollees in Civilian Conservation Centers may provide assistance in addressing national, State, and local disasters, consistent with current child labor laws and regulations. The Secretary of Agriculture shall ensure that with respect to the provision of such assistance the enrollees are properly trained, equipped, supervised, and dispatched consistent with standards for the conservation and rehabilitation of wildlife established under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). (3) National liaison The Secretary of Agriculture shall designate a Job Corps National Liaison to support the agreement under this section between the Departments of Labor and Agriculture. . 137. Program activities Section 148 is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided by job corps centers (1) In general Each Job Corps center shall provide enrollees with an intensive, organized, and supervised program of education, including English language acquisition programs, career and technical education and training, work experience, work-based learning, recreational activities, physical rehabilitation and development, and counseling, which may include information about financial literacy. Each Job Corps center shall provide enrollees assigned to the center with access to core services described in section 134(c)(2) and the intensive services described in section 134(c)(3). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) enroll in and complete secondary education or postsecondary education or training programs, including other suitable career and technical education and training, and registered apprenticeship programs; or (iii) satisfy Armed Forces requirements. (3) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in the local area in which the enrollee intends to seek employment after graduation. ; (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational and inserting Academic and Career and Technical Education and ; (B) by striking education and vocational and inserting career and technical education ; (C) by striking vocational educational and inserting career and technical educational ; and (D) by striking or technical institutes and inserting technical institutes, or national service providers ; (3) in subsection (c)— (A) by amending paragraph (2) to read as follows: (2) Benefits During the period of participation in an advanced career training program, an enrollee shall be eligible for full Job Corps benefits, or a monthly stipend equal to the average value of the residential support, food, allowances, and other benefits provided to enrollees assigned to residential Job Corps centers. ; and (B) in paragraph (3), by striking Each year, and inserting The Secretary shall develop standards by which ; and (4) by amending subsection (d) to read as follows: (d) Graduate services In order to promote the retention of graduates in employment or postsecondary education, the Secretary shall arrange for the provision of job placement and support services to graduates for up to 12 months after the date of graduation. One-stop partners, may support the provision of these services, including services from the State vocational rehabilitation agency to supplement job placement and job development efforts for Job Corps graduates who are individuals with disabilities. . 138. Support Section 150(b) is amended— (1) in the subsection heading, by striking Readjustment allowances and inserting Transition allowances and support ; (2) in paragraph (1)— (A) in the paragraph heading, by striking graduates and inserting allowances for graduates ; (B) in the first sentence, by striking readjustment and inserting transition ; and (C) by striking the second and third sentences, and inserting the following: The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of recognized postsecondary credentials. ; and (3) by amending paragraph (2) to read as follows: (2) Transition support for former enrollees The Secretary may arrange for the provision of 3 months of employment services for former enrollees. . 139. Community participation Section 153 is amended— (1) by amending subsections (a) and (b) to read as follows: (a) Business and community participation The director of each Job Corps center shall ensure the establishment and development of the business and community networks described in subsection (b) in order to enhance the effectiveness of such centers. At centers where a national training contractor provides career and technical education training, and has direct and long-standing linkages to registered apprenticeship programs or affiliated national employer groups, the national training contractor shall have the lead in maintaining networks with the programs described in clauses (ii) and (iii) of subsections (b)(1)(C). (b) Networks The activities carried out by each Job Corps center under this section shall include— (1) establishing and developing relationships and networks with— (A) local and distant employers, to the extent practicable, in coordination with other Federal and non-Federal programs that conduct similar outreach to employers; (B) applicable one-stop centers and applicable local boards, for the purpose of providing— (i) information to, and referral of, potential enrollees; and (ii) job opportunities for Job Corps graduates; and (C) (i) youth programs; (ii) registered apprenticeship programs, labor-management organizations and local labor organizations; (iii) employers and contractors that support national training contractor programs; and (iv) community-based organizations, non-profit organizations, and intermediaries providing workforce development-related services; and (2) establishing and developing relationships with members of the community in which the Job Corps center is located, informing members of the community about the projects of the Job Corps center and changes in the rules, procedures, or activities of the center that may affect the community, and planning events of mutual interest to the community and the Job Corps center. ; and (2) in subsection (c)— (A) by striking Liaison for and inserting director of a ; and (B) by striking establish and develop and inserting ensure the establishment and development of . 140. Industry councils Section 154 is amended— (1) in subsection (a), by striking after consultation with the Liaison ; and (2) in subsection (b)— (A) in paragraph (1)(A)(ii), by striking area and inserting areas in which enrollees will be seeking employment ; (B) by adding after paragraph (2) the following: (3) Employers outside of local area The industry council for a Job Corps center may include, or otherwise provide for consultation with, employers from outside the local area who are likely to hire a significant number of enrollees from the Job Corps center. (4) Special rule for single State local areas In the case of a single State local area designated under section 116(b), the industry council shall include a representative of the State Board. ; and (C) in subsection (c), by striking vocational each place it appears and inserting career and technical education and . 141. Experimental, research, and demonstration projects and College Corps program (a) Miscellaneous amendments Section 156 is amended— (1) by striking The Secretary and inserting (a) In general .—The Secretary ; (2) by striking program and may waive and inserting program. The Secretary may waive ; and (3) by inserting before the period the following: if the Secretary informs the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, in writing, not less than 90 days in advance of issuing such waiver. . (b) College Corps Section 156 is further amended by adding at the end the following new subsection: (b) College Corps (1) Establishment The Secretary of Labor and the Secretary of Education shall jointly establish a demonstration project under this section to be known as the College Corps that provide at-risk youth intensive education and skills training in order to prepare such youth for college and for high-skilled employment that can only be achieved with a college degree. (2) Selection of sites The Secretary of Labor and the Secretary of Education shall jointly select sites to participate, on a competitive basis, from among underperforming Jobs Corps centers in areas with low levels of college attainment. (3) Eligible operators The Secretary shall select College Corps center operators on a competitive basis from among nonprofit organizations with prior success operating high-performing, college and career-ready education residential programs for at-risk young people. (4) Administration projects (A) In general The Secretary shall administer the College Corps sites in collaboration with the Secretary of Education with the development of an interagency agreement that identifies the duties and responsibilities of the Departments under these projects. (B) Partnerships As part of the interagency agreement, the Secretary of Education will be responsible for partnering with a State or local education agency for the purposes of granting a high school diploma that adheres to college and career ready standards and accessing State and local education dollars. (C) Deadline A grant, contract, or cooperative agreement to operate at least one center shall be awarded to an eligible operative within 1 year from enactment. (5) Eligible participants Individuals eligible to participate in College Corps projects under this subsection shall be low-income youth who are in 6th or 7th grade at the time they begin participation who meet at least two of the following criteria: (A) Have a record of suspensions, office referrals, or chronic truancy. (B) Have failed to achieve proficiency on State assessment in mathematics, reading, or both. (C) Live in a household that is headed by a single parent or non-custodial parent. (D) Is homeless or is a foster child. (E) Live in a household that is public housing or receives public housing assistance. (F) Have an immediate family member who is or has been incarcerated. . 142. Technical amendment Section 158(c)(1) is amended by striking title II of the Federal Property and Administrative Services Act of 1949 ( 40 U.S.C. 481 et seq. ) and inserting chapter 5 of title 40, United States Code, . 143. Performance accountability and management Section 159 is amended— (1) in the section heading, by striking management information and inserting Performance accountability and management ; and (2) by striking subsections (c) through (f), redesignating subsection (g) as subsection (j), and inserting after subsection (b) the following: (c) Information on indicators of performance (1) Levels of performance and indicators The Secretary shall annually establish expected levels of performance for Job Corps centers and the Job Corps program relating to each of the primary indicators of performance for eligible youth activities described in section 136(b)(2)(A)(ii). (2) Performance of recruiters The Secretary shall also establish performance indicators, and expected performance levels on the performance indicators, for recruitment service providers serving the Job Corps program. The performance indicators shall relate to the number of enrollees recruited, compared to the established goals for such recruitment, and the number of enrollees who remain committed to the program for 90 days after enrollment. (3) Performance of career transition service providers The Secretary also shall establish performance indicators, and expected levels of performance for such indicators, for local and national career transition service provides serving the Job Corps program. The performance indicators shall include the number of graduates and former enrollees— (A) who entered an unsubsidized employment related to the training they received at Job Corps and their average wage; and (B) who entered other types of unsubsidized employment, the military, postsecondary education, or advanced training programs, including registered apprenticeship programs, and their average wage, if applicable. (4) Report The Secretary shall collect, and annually submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraph (1), as compared to the expected level of performance established under such paragraph for each performance accountability measure; and (B) information on the performance of the service providers described in paragraph (2) on the performance indicators established under such paragraph, as compared to the expected performance levels for the performance indicators. (d) Additional information (1) In general The Secretary shall also collect, and submit in the report described in subsection (c), information on the performance of each Job Corps center, and the Job Corps program, regarding— (A) the number of enrollees entering and completing by field of education or training; (B) demographic information on the enrollees served, including age, race, gender, and education and income level; (C) the number of graduates who entered the Armed Forces; (D) the number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps program and the number who entered unsubsidized employment not related to the education and training received; (E) the starting hourly wages of graduates and whether they receive other forms of compensation and benefits; (F) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b); and (G) any additional information required by the Secretary. (2) Rules for reporting of data The disaggregation of data under this subsection shall not be required when the number of individuals in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Performance assessments and improvements (1) Assessments The Secretary shall conduct an annual assessment of the performance of each Job Corps center. Based on the assessment, the Secretary shall take measures to continuously improve the performance of the Job Corps program. (2) Performance improvement With respect to a Job Corps center that fails to meet the expected levels of performance relating to the primary indicators of performance specified in subsection (c)(1), the Secretary shall develop and implement a performance improvement plan. Such a plan shall require action to be taken during a one-year period, including— (A) providing technical assistance to the center; (B) changing the career and technical education and training offered at the center; (C) changing the management staff of the center; (D) replacing the operator of the center; (E) reducing the capacity of the center; (F) relocating the center; or (G) closing the center. (3) Additional performance improvement In addition to the performance improvement plans required under paragraph (2), the Secretary may develop and implement additional performance improvement plans. Such a plan shall require improvements, including the actions described in such paragraph, for a Job Corps center that fails to meet criteria established by the Secretary other than the expected levels of performance described in such paragraph. (4) Civilian conservation centers With respect to a Civilian Conservation Center that fails to meet the expected levels of performance relating to the primary indicators of performance specified in subsection (c)(1), or fails to improve performance as described in paragraph (2), the Secretary, in consultation with the Secretary of Agriculture, may select an entity to operate a Civilian Conservation Center on a competitive basis, in accordance with the requirements of section 147(a)(2)(B). (g) Participant health and safety The Secretary shall require that an entity that has entered into a contract with a Job Corps operator to provide work-based learning activities for any Job Corps enrollee under this subtitle shall comply with the Occupational Safety and Health Act of 1970 ( 20 U.S.C. 651 et seq. ) or, as appropriate, under the corresponding State Occupational Safety and Health Act of 1970 requirements in the State in which such activities occur. (h) Buildings and facilities The Secretary shall collect, and submit in the report described in subsection (c), information regarding the state of Job Corps buildings and facilities. Such report shall include— (1) a review of requested construction, rehabilitation, and acquisition projects, by each Job Corps center; and (2) a review of new facilities under construction. (i) National and community service The Secretary shall include in the report described in subsection (c) available information regarding the national and community service activities of enrollees, particularly those enrollees at Civilian Conservation Centers. . 144. Authorization of appropriations Section 161 is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . D National Programs 151. Native American programs Section 166 is amended— (1) in subsection (a)(1)(B), by inserting and to equip them with the entrepreneurial skills necessary for successful self-employment after workforce ; (2) in subsection (c)(2), by adding at the end the following: The Secretary may exercise the waiver authority of the preceding sentence not more than once during any 4-year period with respect to any single recipient. ; (3) in subsection (d)— (A) in paragraph (1)(B)— (i) by inserting Alaska Natives after Indians ; (ii) by striking unsubsidized ; and (iii) by inserting leading to self-sufficiency and the development of the academic, occupational, and literacy skills of such individuals before the period; and (B) in paragraph (2)— (i) in subparagraph (A)(i), by inserting , including training on entrepreneurial skills before the semicolon; and (ii) in subparagraph (A)(ii), by inserting Alaska Native after Indian ; (4) in subsection (e)— (A) in paragraph (3)— (i) by striking unsubsidized ; and (ii) by inserting leading to self-sufficiency before the semicolon; and (B) in paragraph (5)— (i) by inserting accountability after performance ; and (ii) by inserting , which shall include the primary indicators of performance described in section 136(b)(2)(A) and expected levels of performance for such indicators, in accordance with subsection (h) before the period; (5) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively, and inserting after subsection (g) the following new subsection: (h) Performance Accountability Measures (1) Additional performance indicators and standards (A) Development of indicators and standards The Secretary, in consultation with the Native American Employment and Training Council, shall develop a set of performance indicators and standards that is in addition to the primary indicators of performance described in section 136(b)(2)(A) and that shall be applicable to programs under this section. (B) Special considerations Such performance indicators and standards shall take into account— (i) the purpose of this section as described in subsection (a)(1); (ii) the needs of the groups served by this section, including the differences in needs among such groups in various geographic service areas; and (iii) the economic circumstances of the communities served, including differences in circumstances among various geographic service areas. (C) Agreement on adjusted levels of performance The Secretary and the entity described in subsection (c) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 136(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors and using, to the extent practicable, the statistical adjustment model under section 136(b)(3)(A)(viii). The levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan. ; (6) in subsection (i) (as so redesignated)— (A) in paragraph (2)(A)— (i) by striking performance measures and inserting regulations relating to the performance accountability measures ; and (ii) by striking such subsection, taking into account the economic circumstances of such entities and inserting this section ; and (B) in paragraph (4)(A), by inserting and to provide the advice described in subparagraph (C) before the period; and (7) in subsection (k) (as so redesignated)— (A) in paragraph (1) by striking American Samoans who reside in Hawaii for the co-location of federally funded and State-funded and inserting the Cook Inlet Tribal Council, Incorporated, and the University of Hawaii at Maui, for the unique populations who reside in Alaska or Hawaii, respectively, to improve job training and ; and (B) in paragraph (2), by striking fiscal year 1999 and inserting each of fiscal years 2013 through 2017 . 152. Migrant and seasonal farmworker programs Section 167 is amended— (1) in subsection (b)— (A) by inserting and deliver after administer ; and (B) by inserting workforce investment after including youth ; (2) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking identify and inserting describe the population to be served and identify ; and (II) by inserting , including upgraded employment in agriculture before the semicolon; (ii) in subparagraph (B), by striking ; and and inserting a semicolon; (iii) in subparagraph (C)— (I) by striking indicators of performance and inserting performance accountability measures ; and (II) by inserting , which shall include the expected levels of performance for the primary indicators of performance described in section 136(b)(2)(A) before the semicolon; and (iv) by inserting after subparagraph (C) the following new subparagraphs: (D) describe the availability and accessibility of local resources such as supportive services, services provided through one-stop delivery systems, and education and training services, and how the resources can be made available to the population to be served; and (E) describe the plan for providing services under this section, including strategies and systems for outreach, career planning, assessment, and delivery through one-stop delivery systems. ; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and inserting after paragraph (2) the following new paragraph: (3) Agreement on adjusted levels of performance The Secretary and the entity described in subsection (b) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 136(b)(2)(A), taking into account economic conditions, characteristics of the individuals served, and other appropriate factors, and using, to the extent practicable the statistical adjustment model under section 136(b)(3)(A)(viii). The levels agreed to shall be the adjusted levels of performance and shall be incorporated in the program plan. ; and (C) in paragraph (5)(B) (as so redesignated)— (i) by striking grant or contract the first place it appears and inserting grant, contract, or agreement ; (ii) by striking under the terms of the grant agreement or contract ; (iii) by striking requirement and inserting requirements ; (iv) by striking plan described in paragraph (1) and inserting program plan ; and (v) by striking grant or contract the second place it appears and inserting period of the grant, contract, or agreement ; (3) by amending subsection (d) to read as follows: (d) Authorized activities Funds made available under this section and section 127 shall be used to carry out workforce investment activities (including youth workforce investment activities) and provide related assistance for eligible migrant and seasonal farmworkers, which may include— (1) outreach, employment, training, educational assistance, literacy assistance, English language and literacy instruction, pesticide and worker safety training, housing (including permanent housing), supportive services, and school dropout prevention activities; (2) followup services for those individuals placed in employment; (3) self-employment and related business or micro-enterprise development education as needed by eligible individuals as identified pursuant to the plan required by subsection (c); (4) customized career and technical education in occupations that will lead to higher wages, enhanced benefits, and long-term employment in agriculture or another area; and (5) technical assistance to improve coordination of services and implement best practices relating to service delivery through one-stop delivery systems. ; (4) by amending subsection (f) to read as follows: (f) Regulations The Secretary shall establish regulations to carry out this section, including regulations relating to how economic and demographic barriers to employment of eligible migrant and seasonal farmworkers should be considered and included in the negotiations leading to the adjusted levels of performance described in subsection (c). ; (5) in subsection (g), by striking (enacted by the Single Audit Act of 1984) ; and (6) by amending subsection (h) and deleting subsection (i) to read as follows: (h) Funding allocation From the funds appropriated and made available to carry out this section, the Secretary may reserve not more than 1 percent for national purposes, such as providing technical assistance to eligible entities. . 153. Veterans workforce investment programs Section 168 is amended— (1) in subsection (a)(3)(A), by inserting , including services provided by one-stop operators and one-stop partners before the semicolon; (2) in subsection (b)(2)(A), by inserting accountability after performance ; and (3) by adding at the end of subsection (b) the following new paragraph: (3) Performance accountability measures In carrying out the responsibilities relating to performance accountability measures described in paragraph (2)(A), the Assistant Secretary for Veterans’ Employment and Training shall, for each grant or contract under this section providing education, training, or employment services to veterans, include among such measures the primary indicators of performance described in section 136(b)(2)(A)(i) and adjusted levels of performance for each such indicator that are agreed to by the Assistant Secretary and the recipient of the grant or contract. . 154. Repeal Section 169 is repealed. 155. Technical assistance Section 170 is amended by adding at the end the following new subsection: (c) Promising and proven practices coordination Consistent with the identification and dissemination of promising and proven practices under subtitle B of title I, the Secretary shall— (1) establish a system through which States and local areas share information regarding promising and proven practices with regard to the operation of workforce investment activities under this Act; (2) evaluate and disseminate information regarding such promising and proven practices and identify knowledge gaps; and (3) commission research under section 170(c) to address knowledge gaps identified under paragraph (2). . 156. Innovation projects Section 171 is amended— (1) in the section heading, by striking Demonstration, pilot, Multiservice, research and multistate projects and inserting Innovation projects ; (2) by amending subsections (b) and (c) to read as follows: (b) Innovation projects (1) In general The Secretary shall, through grants or contracts, carry out demonstration and pilot projects that are consistent with the priorities specified in the plan published under subsection (a) and that are for the purposes of developing and implementing techniques and approaches, and demonstrating the effectiveness of specialized methods, in addressing employment and training needs. Such projects shall— (A) include the provision of direct services to individuals; (B) be subject to measures of performance that include the primary indicators of performance described in section 136(b)(2)(A) as well as other appropriate indicators; and (C) include an evaluation component as appropriate to the program design. (2) Types of projects Such projects may include— (A) projects that assist employers in connecting with the workforce investment system established under this Act in order to facilitate the recruitment, employment, and retention of workers for jobs with career pathways and to provide information to such system on skills and high-growth occupations; (B) projects that focus on opportunities for employment in industries and sectors of industries that are experiencing, or are likely to experience, high rates of growth, including health care and advanced manufacturing sectors, and have jobs with wages and benefits leading to economic self-sufficiency; (C) projects that focus on local partnerships of industry, labor, community colleges, area career and technical education centers community-based organizations, and economic development organizations, to promote opportunities for dislocated workers and long-term unemployed to receive training and related services for employment and access to career ladders in high-demand sectors; (D) projects to determine the feasibility of, and potential means to replicate, measuring the compensation, including the wages, benefits, and other incentives provided by an employer, received by program participants by using data other than or in addition to data available through wage records, for potential use as a performance indicator; (E) projects to develop and implement promising or proven approaches and technologies, including the use of distance education and activities to increase the digital literacy of older individuals, in order to deliver employment related, work-based training services and recognized postsecondary credentials; (F) projects that provide retention grants, which grants shall— (i) be provided to job training and apprenticeship programs that have demonstrated expertise in serving low-income individuals and that offer instruction, assessment, and professional coaching, for each low-income individual who is retained in such employment with such employer for a period of 1 year; and (ii) be provided taking into account the economic benefit received by the Federal Government from the employment and retention of the individual, including the economic benefit from tax revenue and decreased public subsidies; (G) projects utilizing a pay-for-performance approach for providers of education, training, and employment services to individuals with barriers to employment, including services targeted to addressing the specific challenges and conditions that have created barriers for participants in programs under this Act; (H) projects that provide comprehensive education and training services, and support services, in coordination with local boards, for populations in targeted high poverty areas where the greatest barriers to employment exist, including ex-offenders, out-of-school youth, and public assistance recipient populations; and (I) projects that seek to replicate exemplary youth programs that have demonstrated effectiveness in 2 or more noncontiguous local areas in preparing youth for success in the workforce. (3) Conditions (A) Competitive awards Grants or contracts awarded for carrying out demonstration and pilot projects under this subsection shall be awarded on a competitive basis and in accordance with generally applicable Federal requirements. (B) Time limits The Secretary shall establish appropriate time limits for carrying out demonstration and pilot projects under this subsection. ; and (3) in subsection (e)(7), by striking ( Public Law 109–58 ) and inserting (42 U.S.C. 15852) . 157. Workforce and youth innovation and best practices grants The Workforce Investment Act of 1998 is further amended by inserting after section 171 the following new sections: 171A. Workforce innovation and best practices grants (a) Purpose It is the purpose of this section to— (1) promote the development of comprehensive workforce investment systems at the State, regional, and local levels that reflect the alignment of strategies and activities across the core programs and, where appropriate, across other workforce development, education, economic development, and human services programs, to provide effective, high quality, and client-centered services to job seekers and workers, youth, and employers; (2) promote innovation and to improve, replicate, and expand models and service delivery strategies of demonstrated effectiveness in meeting the education, training, and employment needs of job seekers and workers, and youth, including such individuals with barriers to employment, and employers; and (3) establish and improve programs for youth that provide access to career pathways that include the attainment of a recognized postsecondary credential or employment that leads to economic self-sufficiency. (b) Program authorized From amounts appropriated to carry out this section, the Secretary of Labor and the Secretary of Education, in accordance with section 176, shall— (1) for the first program year that begins after the date of enactment of the Workforce Investment Act of 2013 , award transition grants in accordance with section 175; and (2) with funds not awarded for transition grants under paragraph (1) for the first program years that begins after the date of enactment of the Workforce Investment Act of 2013 , and for subsequent years, award workforce innovation and best practices grants to eligible entities in accordance with subsection (c). (c) Workforce innovation and best practices grants to eligible entities (1) In general From funds described in subsection (b)(1), the Secretary of Labor and the Secretary of Education shall award workforce innovation and replication grants on a competitive basis to eligible entities in accordance with paragraph (2) to be used for the purposes set forth in subsection (a). (2) Eligible entities (A) In general To be eligible to receive a grant under this subsection, a State partnership or regional entity shall meet the requirements of this paragraph, submit an application in accordance with subsection (e), and be in partnership with one or more of the following: (i) A nonprofit organization with relevant expertise, including a community-based organization. (ii) An institution of higher education, including a community college. (iii) A joint labor-management partnership. (B) State partnership For a State partnership to be eligible for funding under this subsection, a Governor of a State shall— (i) submit the application in partnership with the State board and with 1 or more regional entities in the State described in subparagraph (C); and (ii) demonstrate that the State has— (I) aligned the core programs; (II) made significant progress towards aligning the core programs with other workforce investment programs; and (III) achieved the alignments described in subclauses (I) and (II) consistent with the State plan. (C) Regional entities To be identified as a regional entity and to be eligible for funding under this subsection, a local board for a local area that is aligned with a region, or all of the local boards for local areas that comprise a planning region under section 116(c), shall demonstrate that— (i) the application has been developed in consultation with the State and is not duplicative of other applications under this subsection submitted by a State partnership; and (ii) the local board, or all of the local boards for the planning region, has— (I) worked with the core programs to achieve alignment of such programs in the region; (II) made significant progress towards aligning the core programs with other workforce investment programs in the region; and (III) achieved the alignments described in subclauses (I) and (II) consistent with the State plan. (d) Types of Grants authorized (1) In general From amounts appropriated to carry out this section, the Secretary of Labor and the Secretary of Education shall award eligible entities one or more of the following: (A) Planning grant The Secretary of Labor and the Secretary of Education may award a planning grant under this section, not to exceed a total of $250,000 for a 1-year period, to an eligible entity that— (i) is preparing to establish an innovative workforce investment project; and (ii) has not received a grant under this section. (B) Innovation grant The Secretaries may award an innovation grant under this section, not to exceed a total of $3,000,000 for a 2-year period to an eligible entity that— (i) has already received a planning grant under this section; or (ii) has already established an innovative workforce investment project. (C) Sustainability grant The Secretaries may award a sustainability grant, not to exceed a total of $2,000,000 for a 2-year period or $5,000,000 for a 5-year period, to an eligible entity that— (i) has established an innovative workforce investment project that has demonstrated measurable improvements as measured by the performance measures set forth in section 136; and (ii) seeks to expand or replicate that project on the State, local, or regional level. (2) Federal and non-Federal share The Federal share for the grants described in paragraph (1) shall be— (A) for a planning grant described in paragraph (1)(A), 100 percent; (B) for an innovation grant described in paragraph (1)(B)— (i) 90 percent of the costs of the activities carried out under the grant, in the first year of the grant; (ii) 80 percent of such costs in the second year of the grant; and (iii) 70 percent of such costs in the third year of the grant; and (C) for a sustainability grant described in paragraph (1)(C)— (i) for an eligible entity that receives a 2-year grant— (I) not more than 50 percent of the costs of the activities carried out under the grant, in the first year of the grant; and (II) not more than 30 percent of such costs in the second year of the grant; and (ii) for an eligible entity that receives a 5-year grant— (I) not more than 70 percent of the costs of the activities carried out under the grant, in the first year of the grant; (II) not more than 60 percent of such costs in the second year of the grant; (III) not more than 50 percent of such costs in the third year of the grant; (IV) not more than 40 percent of such costs in the fourth year of the grant; and (V) not more than 30 percent of such costs in the fifth year of the grant. (3) Non-Federal share The non-Federal share of an innovation or sustainability grant under this section may be in cash or in-kind, and may come from State, local, philanthropic, private, or other resources. (4) Financial hardship waiver The Secretary of Labor and the Secretary of Education may waive or reduce the matching share of an eligible entity that has submitted an application under this subsection if such entity demonstrates a need for such waiver or reduction due to financial hardship as defined by the Secretary of Labor and the Secretary of Education. (5) Fiscal agent Each eligible entity that is a State consortia or partnership receiving a grant under this subsection shall designate an entity in the partnership as the fiscal agent for purposes of this grant. (6) Supplement not supplant Federal funds awarded under this section shall be used to supplement, not supplant non-Federal resources that would be used to support activities carried out as part of the innovative workforce investment project. (7) Grant period (A) Planning grants Grants awarded under paragraph (1)(A) shall be made for a period of not longer than 1 year. (B) Innovation grant Grants awarded under paragraph (1)(B) shall be made for a period of no longer than 3 years. (C) Sustainability grant Grants awarded under paragraph (1)(C) shall be made for a period of no longer than 5 years. (e) Application An eligible entity seeking a grant under this section shall submit an application to the Secretary of Labor and the Secretary of Education at such time, in such manner, and containing such information as the Secretary of Labor and the Secretary of Education may require. An application submitted under this paragraph may include the following: (1) A description of the eligible entity, evidence of the eligible entity’s capacity to carry out activities in support of the strategic objectives identified in the application under paragraph (4), and, if the eligible entity is a partnership, a description of the expected participation and responsibilities of each of the partners. (2) A description of the industry or targeted industry cluster that will be served through the project, including a description of how the skilled workforce needs of small- and medium-sized employers connected with that industry or industries will be addressed. (3) A description of the target worker populations to be served through the project, including a description of target worker populations with significant barriers to employment and a description of strategies that will be used to help overcome such barriers. (4) A description of the strategic objectives that the eligible entity seeks to achieve through the funded project for— (A) implementing career pathways strategies, which may include— (i) providing clear linkages between remedial, academic and occupational programs within educational institutions, and articulation of credits across institutions; (ii) designing curricula in terms of competencies required for education and career advancement, and, where possible, tied to industry skill standards, certifications or licensing requirements including those developed by industry or sector partnerships; (iii) offering programs at times and places (including workplaces) convenient for working adults and structured in small modules or chunks , each leading to recognized credential; (iv) allowing flexibility to enter and exit education as participants’ circumstances permit; (v) providing support services, including career assessment and counseling, case management, child care, transportation, financial aid and job placement; (vi) creating bridge programs for educationally disadvantaged youths and adults that teach basic skills such as office communication, math and problem solving in the context of training for advancement to better jobs and postsecondary training; and (vii) aligning both public and private funding sources, such as the Carl D. Perkins Career and Technical Education Act, Workforce Investment Act, Adult Education and Family Literacy Act, Temporary Assistance to Needy Families, State and Federal financial aid, and employer tuition reimbursement; (B) implementing industry or sector partnerships, which may include— (i) recruiting key stakeholders in the targeted industry cluster, such as multiple businesses and employers, labor organizations, local boards, and education and training providers, and regularly convening the stakeholders in a collaborative structure that supports the sharing of information, ideas, and challenges common to the targeted industry cluster; (ii) identifying the training needs of multiple businesses, especially skill gaps critical to competitiveness and innovation in the targeted industry cluster; (iii) facilitating economies of scale by aggregating training and education needs of multiple employers; (iv) helping postsecondary educational institutions, training institutions, apprenticeship programs, area career and technical education centers, and all other training programs authorized under this Act, align curricula, entrance requirements and programs to industry demand and nationally portable, recognized postsecondary credentials (or, if not available for the targeted industry, other credentials, as determined appropriate by the Secretary), particularly for higher skill, high-priority occupations validated by the industry; (v) ensuring that the State agency carrying out the State program under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), including staff of the agency that provide services under such Act, shall inform recipients of unemployment insurance of the job and training opportunities that may result from the implementation of this grant; (vi) informing and collaborating with organizations such as youth councils, business-education partnerships, apprenticeship programs, secondary schools, and postsecondary educational institutions, and with parents and career counselors, for the purpose of addressing the challenges of connecting disadvantaged adults and disadvantaged youth as defined in section in this Act to careers; (vii) helping companies identify, and work together to address, common organizational and human resource challenges, such as— (I) recruiting new workers; (II) implementing effective workplace practices; (III) retraining dislocated and incumbent workers; (IV) implementing a high-performance work organization; (V) recruiting and retaining women in nontraditional occupation; (VI) adopting new technologies; and (VII) fostering experiential and contextualized on-the-job learning; (viii) developing and strengthening career ladders within and across companies, in order to enable dislocated, incumbent and entry-level workers to improve skills and advance to higher-wage jobs; (ix) improving job quality through improving wages, benefits, and working conditions; (x) helping partner companies, industry or sector partnerships to attract potential employees from a diverse job seeker base, including individuals with barriers to employment (such as job seekers who are low income, youth, older workers, and individuals who have completed a term of imprisonment), by identifying such barriers through analysis of the existing labor market and implementing strategies to help such workers overcome such barriers; and (xi) strengthening connections among businesses in the targeted industry cluster, leading to cooperation beyond workforce issues that will improve competitiveness and job quality, such as joint purchasing, market research, or centers for technology and innovation; and (C) implementing credential attainment and measurement strategies, which may include— (i) establishing a cross agency committee (such as the State workforce investment board, a legislative task force, a P–20 Council, or some other agreed upon group) that is specifically focused on low and middle skill education and training outcomes to measure credential attainment through the State’s workforce investment and training programs, by— (I) tracking, counting, measuring and public reporting credential attainment rates for all programs providing education and training beyond a high school diploma but less than a 4-year degree; (II) measuring the result of workforce training programs leading to an recognized postsecondary credential, certificate of degree; (III) establishing statewide policies, goals, and guidelines for the collection of credential outcome data for all employment and training programs and related programs and services within the State; (IV) engaging other related departments and agencies that may have data or are involved in activities related to workforce development and job training; (V) establishing standards and data collection infrastructure to assess the number of industry-recognized middle skill credentials or certificates produced through Federal or State programs, and their relation to labor market needs; (VI) setting credential attainment goals in high demand industry sector then monitor and measure progress over time; and (VII) providing an annual assessment and report to the Governor and Legislature about the type of credential outcomes produced by programs and provide recommendations to better align efforts across agencies to meet employer demand; (ii) ensuring the collection of credential outcome data from a range of public workforce and education programs to ensure State agencies and programs are increasing the number of workers with the skills and credentials needed to fill the projected demand for middle and high skilled jobs; (iii) using the data in order to assess workforce system outcomes, establish credential attainment goals, measure progress, and hold agencies accountable to increase the skills of the workforce; and (iv) developing a comprehensive workforce system report that provides individual agency outcomes and statewide representation of the credential attainment outcomes of the State’s workforce investment system. (5) A description of a pay-for-performance approach for providers of education, training, and employment services to individuals with barriers to employment, including services targeted to addressing the specific challenges and conditions that have created barriers for participants in programs under this Act. (f) Award basis (1) Geographic distribution The Secretary of Labor and the Secretary of Education shall award competitive grants under this section in a manner to ensure geographic diversity. (2) Priorities In awarding grants under this section, the Secretaries shall give priority to eligible entities that— (A) provide evidence of past or current investments in workforce innovation projects that incorporate one or more of the priority strategies; (B) focus on addressing the skill needs of multiple employers, including small- and medium-sized businesses; or (C) target services to low-income individuals, low-skill individuals, long-term unemployed, and other populations with barriers to employment. (g) Activities (1) In general An eligible entity receiving a grant under this section shall carry out the activities necessary to meet the strategic objectives, including planning activities if applicable, described in the entity’s application in a manner that— (A) integrates services and funding sources in a way that enhances the effectiveness of the activities; and (B) uses grant funds awarded under this section efficiently. (2) Administrative costs An eligible entity may retain a portion of a grant awarded under this section for a fiscal year to carry out the administration of this section in an amount not to exceed 5 percent of the grant amount. (h) Evaluation and progress reports (1) In general Not later than 1 year after receiving a grant under this section, and annually thereafter during the grant period, an eligible entity shall report to the Secretary of Labor and the Secretary of Education, and to the Governor of the State that the eligible entity serves, on the spending and activities funded pursuant to a grant under this section, including an evaluation of the progress the eligible entity has made toward the strategic objectives identified in the application and measure the progress using the performance accountability measures identified in the application. (2) Public availability The Secretary shall transmit such reports to the Congress and make such reports available to the public. (i) Administration by the Secretaries (1) Administrative costs The Secretaries may jointly retain a total of not more than 3 percent of the funds appropriated to carry out this section for each fiscal year to administer this section, including technical assistance and evaluation activities. (2) Technical assistance and oversight The Secretaries shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this section, including technical assistance and through the collection and dissemination of information on best practices. (3) Performance accountability measures The Secretaries shall issue a range of performance measures, with quantifiable benchmarks, and methodologies that eligible entities may use to evaluate the effectiveness of each type of activity in making progress toward the strategic objectives described in the application. Such measures shall consider the benefits of the innovative workforce development projects and its activities for workers, firms, industries, and communities. (4) Dissemination The Secretaries shall— (A) coordinate the annual review of each eligible entity receiving a grant under this section and produce an overview report that, at a minimum, includes each funded project and best practices identified; (B) make resource materials, including all reports published and all data collected under this section, available on the Internet; and (C) conduct conferences and seminars to— (i) disseminate information on best practices developed by eligible entities receiving a grant under this section; and (ii) provide information to interested stakeholders. (5) Report to Congress Not later than 24 months after the date of enactment of the Workforce Investment Act of 2013 and on an annual basis thereafter, the Secretaries shall transmit a report to Congress on the grant program established by this section. The report shall include a description of— (A) the eligible entities receiving funding; (B) the spending and activities carried out by the eligible entities; (C) how the eligible entities were selected to receive funding under this section; and (D) an assessment of the results achieved by the grant program including findings from the annual reviews conducted under subsection (i). 171B. Youth Innovation and best practices grants (a) Program authorized (1) In general The Secretary of Labor and the Secretary of Education, shall— (A) for the first program year that begins after the date of enactment of the Workforce Investment Act of 2012, award transition grants in accordance with section 176; and (B) with funds not awarded for transition grants under paragraph (1) for the first program year that begins after the date of enactment of the Workforce Investment Act of 2012, and with the funds reserved for each program year thereafter, award youth innovation and replication grants to eligible entities described in subsection (c) for the purposes described in subsection (b). (b) Authorization and purpose of grants (1) In general From funds appropriated pursuant to section 174, the Secretary of Labor and the Secretary of Education shall award youth innovation and replication grants on a competitive basis to eligible entities described in subsection (c). (2) Use of funds The grants awarded under this section shall be used to support the demonstration of innovative new strategies and activities, or the replication and expansion of effective evidence-based strategies and activities that are designed to substantially improve education and employment outcomes for eligible youth, including preparation for post secondary education and training and for careers. Such strategies and activities shall include— (A) establishing career pathways in in-demand industry sectors and occupations for eligible youth, in collaboration with other Federal, State, and local programs, and public and private entities; (B) developing and implementing a comprehensive strategy, for an area of high poverty, that provides education and training programs, resources, and other activities that prepare youth for postsecondary education and training and for employment that leads to economic self-sufficiency; (C) developing and implementing strategies and activities that provide opportunities for youth with disabilities to receive education, training, and employment services that lead to a recognized postsecondary credential or integrated, competitive employment, including through incorporating elements of the individualized education program and related services under the Individuals with Disabilities in Education Act; (D) developing and implementing evidence-based strategies and activities, such as— (i) education offered concurrently and contextually with workforce preparation and training for a specific occupation or occupational cluster; (ii) career academies; (iii) dropout prevention and recovery strategies; (iv) paid or unpaid work experience, including summer employment opportunities and employment opportunities available throughout the school year, combined with academic learning leading to a recognized postsecondary credential; (v) innovative programs for youth facing multiple barriers to employment that arrange for the provision of or provide supportive services combined with education, training, including preparation for postsecondary education and training, or employment activities; or (vi) to include youth service and conservation corps programs in which a project undertaken is credited as qualifying experience for higher education, job training, or careers in public service; or (E) other evidence-based strategies or activities designed to improve the education and employment outcomes for youth. (c) Eligible entities and application (1) Eligible entities An entity eligible to receive a grant under this section shall include— (A) (i) the Governor of a State in coordination with the State board and with a local board for a local area that is aligned with a region, or with all boards for local areas that comprise a planning region, under section 116(c); or (ii) a local board for a local area that is aligned with a region, or all local boards for local areas that comprise a planning region, under section 116(c), in consultation with the standing committee on youth associated with the local board; and (B) one or more of the following: (i) A State education agency. (ii) A local education agency. (iii) A nonprofit organization with expertise serving eligible youth, including a community-based organization, youth corps, or an intermediary. (iv) An institution of higher education, including a community college and an area career and technical education center. (v) A joint labor-management partnership. (2) Application To receive a grant under this subsection, an eligible entity shall submit an application to the Secretary of Labor and the Secretary of Education at such time, in such manner, and containing such information, consistent with this paragraph, as the Secretaries may require. Each such application shall describe the innovation and replication strategies and activities that the eligible entity will carry out to strengthen the workforce investment system in the State or region in order to substantially improve education and employment outcomes for youth, such as youth with disabilities, served by such system, and may include— (A) a description of the region in the State or the State, as applicable, that will be the focus of grant activities, including analyses of economic conditions, skill needs, the workforce, and the workforce development services (including the strengths and weaknesses of such services and the capacity to provide such services) that are relevant to the proposed strategies and activities that would be carried out under the grant; (B) a description of the youth populations to be served, including individuals with barriers to employment who are youth, and the skill needs of those populations; (C) a description of the promising strategies and activities the eligible entity is proposing to demonstrate, or the evidence-based strategies and activities that the eligible entity is proposing to expand or replicate; (D) a description of how the eligible entity will meaningfully involve youth in the design and implementation of the proposed strategies and activities; (E) a description of how, in carrying out such strategies and activities, the eligible entity will— (i) collaborate to leverage resources among strategic partners to achieve the purposes of the grant, and to provide the matching share described in subsection (d)(2); and (ii) ensure the sustainability of the programs and activities supported by the grant after grant funds are no longer available; (F) a description of how the strategies and activities will be aligned with the State plan and the local plans in the region of the State that will be the focus of grant activities; (G) a description of the outcomes, including outcomes for the performance accountability measures based on indicators of performance described in section 136(b)(2)(A)(ii), to be achieved by the proposed strategies and activities; and (H) a description of how the eligible entity will— (i) use technology; (ii) collect data; (iii) made data publicly available; and (iv) use technology and date to improve program delivery, activities, and administration. (d) Matching funds requirements (1) Innovation fund share The amount of the share of the funds provided under this section shall be not greater than 50 percent of the cost of the programs and activities that are carried out under the grant. (2) Matching share (A) In general (i) Amount The amount of the matching share under this subsection for a program year may not be less than 50 percent of the costs of the programs and activities that are carried out under the grant. (ii) In cash or kind The matching share may be in cash or in kind (fairly evaluated). (iii) Sources Not more than 50 percent of the matching share required under this subsection may be provided from Federal resources, of which not less than 50 percent shall be provided from Federal resources from the partner programs identified in the application other than resources provided under the core programs. Non-Federal sources for the matching share may include State resources, local resources, contributions from private organizations, or a combination of such resources and contributions. (B) Financial hardship waiver The Secretary of Labor and the Secretary of Education may waive or reduce the matching share of an eligible entity that has submitted an application under this subsection if such entity demonstrates a need for such waiver or reduction due to extreme financial hardship as defined by the Secretary of Labor and the Secretary of Education. (C) Supplement not supplant The Federal and matching share required by this subsection shall be used to supplement and not supplant other Federal and State funds used to carry out activities described in this subsection. (e) Grant period Grants awarded under this subsection shall be awarded for periods of not more than 3 years in duration and may not be renewed. (f) Reporting The Secretary of Labor and the Secretary of Education are authorized to establish appropriate reporting requirements for grantees under this subsection. (g) Technical assistance and evaluation For each program year for which funds are available to carry out this section, the Secretary of Labor and the Secretary of Education may reserve a total of not more than 3 percent of the amount available to carry out this subsection to provide technical assistance to applicants and grantees under this subsection and to evaluate projects carried out under this subsection. The Secretaries shall ensure that the results of the evaluations are publicly available, including through electronic means. . 158. Evaluations Section 172 is amended— (1) in subsection (a)(2), by inserting accountability after performance ; (2) in subsection (c)— (A) by striking as least and inserting at least ; and (B) by striking 2005 and inserting 2016 ; (3) in subsection (e), by striking Labor and Human Resources and inserting Health, Education, Labor, and Pensions ; and (4) by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: (f) Publication of reports If an entity that enters into a contract or other arrangement with the Secretary to conduct an evaluation of a program or activity under this section requests permission from the Secretary to publish a report resulting from the evaluation, such entity may publish the report unless the Secretary denies the request during the 90-day period beginning on the date the Secretary receives such request. . 159. National dislocated worker grants Section 173 is amended— (1) in the section heading, by striking emergency and inserting dislocated worker ; (2) by striking subsection (b) and redesignating subsection (a) as subsection (b), and inserting before such redesignated subsection the following new subsection: (a) Definitions In this section— (1) the term emergency or disaster means— (A) an emergency or a major disaster, as defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122 (1) and (2)); or (B) an emergency or disaster situation of national significance that could result in a potentially large loss of employment, as declared or otherwise recognized by the chief official of a Federal agency with authority for or jurisdiction over the Federal response to the emergency or disaster situation; and (2) the term disaster area means an area that has suffered or in which has occurred an emergency or disaster. ; (3) in subsection (b) (as so redesignated)— (A) by striking paragraph (4) and redesignating paragraphs (1) through (3) and (4) as subparagraphs (A) through (C), respectively, and moving such subparagraphs (as so redesignated) 2 ems to the right; (B) in the matter preceding subparagraph (A) (as so redesignated)— (i) by striking The Secretary and inserting: (1) Grants The Secretary ; and (ii) by striking emergency grants in a timely manner and inserting dislocated worker grants ; (C) in subparagraph (A) (as so redesignated), by striking subsection (c) and inserting subsection (c)(1)(B) ; (D) in subsection (B) (as so redesignated), by striking an area that has suffered and all that follows and insert a disaster area, to provide disaster relief employment in the disaster area ; (E) in subparagraph (C) (as so redesignated), by striking paragraphs (1) and (2) and inserting subparagraphs (A) and (B) ; and (F) by inserting after subparagraph (C) the following: (D) to provide additional assistance to a State board or local board serving an area where— (i) a higher-than-average demand for employment and training activities for dislocated members of the Armed Forces, spouses described in section 101(14)(E), or members of the Armed Forces described in subsection (c)(2)(A)(iv), exceeds State and local resources for providing such activities; and (ii) such activities are to be carried out in partnership with the Department of Defense and Department of Veterans Affairs transition assistance programs; and (E) from funds appropriated under section 174(c), to a State or entity described in subsection (c)(1)(B) to carry out— (i) subsection (e), including providing assistance to eligible individuals; and (ii) subsection (f), including providing assistance to eligible individuals. (2) Decisions and obligations The Secretary shall issue a final decision on a complete application for a national dislocated worker grant under this subsection not later than 45 calendar days after receipt of the application. ; (4) in subsection (c)— (A) in paragraph (1)(A), by striking subsection (a)(1) and inserting subsection (b)(1)(B) ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking emergency and inserting dislocated worker ; and (ii) in subparagraph (C), by striking emergency and inserting dislocated worker ; (5) in subsection (d)— (A) by striking subsection (a)(2) each place it appears and inserting subsection (b)(1)(B) ; (B) in paragraph (1)(A)— (i) by inserting , in coordination with the Administrator of the Federal Emergency Management Agency, as applicable, after shall be used ; and (ii) by striking structures and inserting public structures ; (C) in paragraph (2), by inserting emergency or after consequence of the ; (D) in paragraph (3)— (i) by striking No individual and inserting: (A) In general Except as provided in subparagraph (B), no individual ; (ii) by striking natural disaster and inserting emergency or disaster ; and (iii) by adding at the end the following new subparagraph: (B) Extension At the request of a State, the Secretary may extend such employment, related to recovery from a single emergency or disaster involving the State, for not more than an additional 6 months. ; and (E) by adding at the end the following new paragraphs: (4) Use of available funds Funds made available under subsection (b)(1)(B) shall be available to assist workers described in paragraph (2) who are affected by an emergency or disaster, including workers who have relocated from an area in which an emergency or disaster has been declared or otherwise recognized, as appropriate. Under conditions determined by the Secretary and following notification to the Secretary, a State may use such funds, that are appropriated for any fiscal year and available for expenditure under any grant awarded to the State under this section, to provide any assistance authorized under this subsection. Funds used pursuant to the authority provided under this paragraph shall be subject to the liability and reimbursement requirements described in paragraph (5). (5) Liability and reimbursement Nothing in this Act shall be construed to relieve liability, by a responsible party that is liable under Federal law, for any costs incurred by the United States under subsection (b)(1)(B) or this subsection, including the responsibility to provide reimbursement for such costs to the United States. ; (6) by striking subsection (e) and redesignating subsections (f) and (g) as subsections (e) and (f), respectively; (7) in subsection (e) (as so redesignated)— (A) by striking paragraph (4)(A) of subsection (a) each place it appears and inserting subsection (b)(1)(E)(i) ; (B) in paragraph (1)— (i) in subparagraph (A), by striking clauses (i) through (v) and inserting clauses (i) through (iv) ; (ii) in subparagraph (B)(iii), by striking enactment of this clause and inserting enactment of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 , 123 Stat. 115) ; and (iii) in subparagraph (C), by striking subsection (g) and inserting subsection (f) ; (C) in paragraph (2), by striking subsection (g) and inserting subsection (f) ; (D) in paragraph (3)(A)(i), by striking not later than and inserting notwithstanding subsection (b)(2), not later than ; and (E) in paragraph (7)(A)— (i) in clause (i), by striking section 4980B and inserting section 4980B(f)(4) ; and (ii) in clause (ii)(I), by striking clause (i), (ii), or (vi) of paragraph (2)(A)) and inserting subparagraph (A), (B), or (F) of section 35(e)(1) of such Code) ; and (8) in subsection (f), (as so redesignated)— (A) by striking paragraph (4)(A) of subsection (a) each place it appears and inserting subsection (b)(1)(E)(i) ; (B) in paragraph (1), by striking subsection (f)(1)(A) and inserting subsection (e)(1)(A) ; and (C) in paragraph (4)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking this subsection and inserting subsection (b)(1)(E)(ii) ; and (II) in clause (i), by striking not later than and inserting notwithstanding subsection (b)(2), not later than ; and (ii) in subparagraph (B), by striking 174(c)(1)(B) and inserting subsection (b)(1)(E)(ii) . 160. Youthbuild program Section 173A is amended— (1) in subsection (a)— (A) in paragraph (3), by striking ; and and inserting a semicolon; (B) in paragraph (4), by striking the period and inserting ; and ; and (C) by inserting after paragraph (4) the following new paragraph: (5) to improve the quality and energy efficiency of community and other nonprofit and public facilities, including those facilities that are used to serve homeless and low-income families. ; (2) in subsection (b)— (A) by striking paragraph (8) and redesignating paragraphs (9) through (13) as paragraphs (8) through (12), respectively; (B) in paragraph (11) (as so redesignated), by striking means housing provided and all that follows and inserting has the meaning given the term in section 401(29) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(29)). ; and (C) in paragraph (12) (as so redesignated), by striking or construction and inserting construction, or energy efficiency enhancement ; (3) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A)(i), by striking or construction and inserting construction, or energy efficiency enhancement ; (ii) in subparagraph (A)(iv)— (I) in subclause (II), by striking individuals with limited English proficiency and inserting participants who are English language learners ; and (II) in subclause (III), by striking General Education Development (GED) credential, or other State-recognized equivalent (including recognized alternative standard and inserting or its recognized equivalent including recognized certificates of attendance or similar documents ; (iii) in subparagraph (A)(vii)— (I) by striking supportive services ; and (II) by inserting or training after postsecondary education ; (iv) in subparagraph (B), by striking or construction and inserting construction, or energy efficiency enhancement ; (v) in subparagraph (C)— (I) by striking or construction and inserting construction, or energy efficiency enhancement ; and (II) by striking 10 percent and inserting 15 percent ; and (vi) in subparagraph (D), by inserting , including recruitment and selection of participants, ; (B) in paragraph (3)(B)— (i) in clause (i), by inserting construction and after opportunities in ; (ii) in clauses (iii) and (vi), by striking or construction each place it appears and inserting construction, or energy efficiency enhancement ; (iii) in clause (x), by striking vocational education and inserting career and technical education and training ; (iv) in clause (xii)— (I) by striking results and inserting levels ; (II) by striking common and inserting primary ; and (III) by striking youth and lifelong learning, as identified by the Secretary and inserting eligible youth described in section 136(b)(2)(A)(ii) ; (v) in clause (xvi)— (I) in subclause (II), by inserting energy efficiency enhancement after construction ; and (II) in subclause (III), by striking vocational education and inserting career and technical education and training ; and (vi) in clause (xvii)(I), by inserting energy efficiency enhancement after construction ; and (C) in paragraph (4)— (i) in subparagraph (C)— (I) by inserting community and after which the housing and ; and (II) by striking or construction each place it appears and inserting construction, or energy efficiency enhancement ; and (ii) in subparagraph (J)— (I) in clause (ii), by inserting energy efficiency enhancement after construction ; and (II) in clause (iii), by striking vocational education and inserting career and technical education and training ; (4) in subsection (d), by striking or construction each place it appears and inserting construction, or energy efficiency enhancement ; (5) in subsection (e)(1)— (A) in subparagraph (A)(iii), by inserting , or an individual who was a school dropout and has subsequently re-enrolled before the period; and (B) in amending subparagraph (B)(i) to read as follows: (i) are basic skills deficient, despite attainment of a secondary school diploma or its recognized equivalent (including recognized certificates of attendance or similar documents for individuals with disabilities); or ; (6) in subsection (f)(2)— (A) in subparagraph (A), by inserting , or to support pilot and demonstration projects or program evaluations with recipients of grants under subsection (c) as directed by the Secretary, including pilot or demonstration projects that create new career tracks for Youthbuild participants in areas such as health care and manufacturing before the period; and (B) in subparagraph (B), by striking shall reserve and inserting shall reserve not less than 3 percent and not more than ; (7) in subsection (g), by striking postsecondary educational institutions and inserting institutions of higher education ; and (8) by amending subsection (h) to read as follows: (h) Authorization of appropriations There are authorized to be appropriated for each of fiscal years 2013 through 2017 such sums as may be necessary to carry out this section. . 161. Authorization of appropriations Subsections (a) and (b) of section 174 are amended to read as follows: (a) Native American programs; migrant and seasonal farmworker programs; veterans’ workforce investment programs (1) In general Subject to paragraph (2), there are authorized to be appropriated to carry out sections 166 through 168 such sums as may be necessary for each of the fiscal years 2013 through 2017. (2) Reservations Of the amount appropriated pursuant to the authorization of appropriations under paragraph (1) for a fiscal year, the Secretary shall— (A) reserve not less than $55,000,000 for carrying out section 166; (B) reserve not less than $70,000,000 for carrying out section 167; and (C) reserve not less than $7,300,000 for carrying out section 168. (b) Technical assistance; innovation grants There are authorized to be appropriated to carry out sections 169 through 171 such sums as may be necessary for each of the fiscal years 2013 through 2017. . 162. Transition grants to States Subtitle D is further amended by adding at the end the following: 175. Transition Grants to States (a) In general For the program year described in section 171A, from the funds allocated for awards described in section 171A and section 171B, the Secretary of Labor and the Secretary of Education shall award, on a competitive basis, transition grants to States. The Secretaries, to the extent practicable and consistent with the purposes of the transition grants under this section, shall award transition grants in a manner that maximizes the number of States benefitting from such grants. (b) Application To be eligible to receive a grant under this section, the Governor of a State, in coordination with the State board and in consultation with the local boards, shall submit an application to the Secretary of Labor and the Secretary of Education, at such time, in a such manner, and containing such information, consistent with this subsection, as the Secretaries may require, including— (1) a description of how the grant funds will be used to carry out the transition activities described in subsection (d); (2) a description of the process by which the State will award funds to local areas in accordance with subsection (d)(2); and (3) assurances that all the entities carrying out core programs in the State will participate in the activities. (c) Grant period Grants awarded under this subsection shall be awarded for periods of not more than 2 years in duration and may not be renewed. (d) Use of funds A State that receives a grant under this section— (1) may reserve not more than 40 percent of the grant funds for transition activities to assist in the development of the State plan under section 112 or 113; and (2) shall use not less than 60 percent of the grant funds to award subgrants to local areas for transition activities to assist in the development local and regional plans under section 116(c) and 118, with a priority in making such awards to local areas most in need of resources to make the transition to meeting the requirements of the Workforce Investment Act of 2012. (e) Limitations No State may— (1) receive more than 1 grant under this section; and (2) receive a grant under this section concurrently with a grant under section 171A or 171B for the first program year that commences after the date of enactment of the Workforce Investment Act of 2011. . 163. Interagency agreement Subtitle D is further amended by adding after section 175 (as added by section 112) the following: 176. Interagency agreement (a) In general The Secretary of Education and the Secretary of Labor shall jointly develop policies for the administration of this subtitle in accordance with such terms as the Secretaries shall set forth in an interagency agreement. Such interagency agreement, at a minimum, shall include a description of the respective roles and responsibilities of the Secretaries in carrying out this subtitle (both jointly and separately), including— (1) how the funds available under this subtitle will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the grantees will be selected and monitored, and a peer review process for selection of grantees that includes program practitioners and national experts will be carried out; (2) how evaluations and research will be conducted on the effectiveness of grants awarded under this subtitle in addressing the education and employment needs of job seekers and workers, youth, and employers; (3) how technical assistance will be provided to applicants and grant recipients; (4) how information will be disseminated, including through electronic means, on best practices and effective strategies and service delivery models for activities carried out under this subtitle; and (5) how policies and processes critical to the successful achievement of the education, training, and employment goals of this subtitle will be established. (b) Transfer authority The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education to carry out this subtitle in accordance with the agreement described in subsection (a). (c) Reports The Secretary of Labor and the Secretary of Education shall jointly develop and submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives, describing— (1) actions the Departments have taken to— (A) assess the effectiveness of the projects carried out under this subtitle; and (B) facilitate the coordination of the programs carried out through the grants awarded with other education, employment and training programs; (2) barriers that impede effectiveness of projects carried out under this subtitle; (3) the best practices and effective strategies and service delivery models that the Departments have identified pursuant to this subtitle and actions the Departments have taken to promptly disseminate information, including through electronic means, on such best practices, service delivery models, and effective strategies; and (4) the actions the Departments have taken to leverage resources provided under Federal law other than this subtitle and non-Federal resources, to improve the workforce investment system nationwide, including in States, regions, and local areas that have not received funds under this subtitle. . E Administration 171. Requirements and restrictions Section 181 is amended— (1) in subsection (a), by amending subparagraph (B) of paragraph (1) to read as follows: (B) Rule of construction The reference in subparagraph (A) to section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) shall not be applicable for individuals in territorial jurisdictions in which section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) does not apply. ; (2) in subsection (b)(1) by striking investment and inserting development ; (3) in subsection (c)(1), by inserting or allocation after an allotment ; (4) in subsection (d)(2)— (A) by striking employment and training activity and inserting employment or training activity ; (B) by inserting incumbent worker training, transitional employment, after on-the-job training, ; and (C) in paragraph (3), by inserting (or that has provided funding to an entity that has violated such paragraph) after violated such paragraph ; (5) in subsection (e)— (A) by inserting to carry out an activity after No funds available ; (B) by striking and similar activities and inserting or similar activities ; and (C) by striking title. No funds available under subtitle B and inserting or under subtitle C. No funds received to carry out an activity under subtitle B or C ; and (6) in subsection (f), by inserting or subtitle C after subtitle B both places it appears. 172. Fiscal controls or sanctions Section 184 is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking the appropriate circulars and inserting appropriate circulars or rules ; and (ii) in subparagraph (B)(ii), by striking administration of youth activities and inserting: (iii) administration of youth workforce investment activities. ; and (B) in paragraphs (5)(A), (6)(C), and (7) (A) and (B), by inserting with the requirements afer compliance each place it appears; (2) in subsection (b)(1)(B)(v), by inserting with the provision after compliance ; (3) in subsection (c)— (A) in paragraph (2)— (i) by striking made available and inserting received ; (ii) by striking offset repayment and inserting require payment by offsetting the amount ; and (iii) by inserting under this title after may be entitled ; and (B) in paragraph (4), by inserting (subsequent to the program year for which the determination was made) after allocations ; and (4) in subsection (d)(1), by striking paragraphs (2) and (3) of . 173. Reports, recordkeeping, investigations Section 185(c) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) shall, to the extent practicable, submit or make available (including through electronic means) any reports, records, plans, or any other data that are required to be submitted or made available, respectively, under this title. . 174. Administrative provisions Section 189 is amended— (1) in subsection (a), by striking section 204 of the Intergovernmental Cooperation Act of 1968 and inserting section 6504 of title 31, United States Code ; (2) in subsection (g), by amending paragraph (2) to read as follows: (2) Availability (A) In general Funds obligated for any program year for a program or activity funded under subtitle B may be expended by each State receiving such funds during that program year and the 2 succeeding program years. Funds received by local areas from States under subtitle B during a program year may be expended during that program year and the succeeding program year. (B) Certain national activities (i) In general Funds obligated for any program year for any program or activity carried out under section 170 or 171 shall remain available until expended. (ii) Incremental funding basis A contract or arrangement entered into under the authority of section 170(c) (relating to research projects, studies and reports, and multistate projects) or section 171 (relating to evaluations), including a long-term, nonseverable services contract, may be funded on an incremental basis with annual appropriations or other available funds. (C) Special rule No amount of the funds obligated for a program year for a program or activity funded under this title shall be deobligated on account of a rate of expenditure that is consistent with a State plan, an operating plan described in section 151, or a plan, grant agreement, contract, application, or other agreement described in subtitle D, as appropriate. ; and (3) in subsection (i)— (A) in paragraph (3), by inserting accountability after performance ; and (B) in paragraph (4)— (i) in subparagraph (A)(i)— (I) by inserting the funding of infrastructure costs for one-stop centers, after functions of local areas and local boards ; and (II) by inserting , and other requirements relating to the basic purposes of this title before the period; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking investment and inserting development ; and (II) in clause (v), by striking an opportunity to comment on such request has been provided to the local board and inserting , in the case of a waiver for a local area, an opportunity to comment on such request has been provided to the local board for the local area for which the waiver is requested ; (iii) in subparagraph (C), by inserting for which the waiver was requested after ensure that the local area ; and (iv) by adding at the end the following new subparagraph: (D) Expedited determination regarding provision of waivers If the Secretary has approved a waiver of statutory or regulatory requirements for a State or local area pursuant to this subsection, the Secretary shall expedite the determination regarding the provision of that waiver, for another State or local area. . 175. Repeals The Act is further amended by striking section 190, and redesignating sections 191 through 195 as sections 190 through 194, respectively. 176. General program requirements Section 194 (as redesignated by section 185) is amended by adding at the end the following new paragraphs: (14) Funds provided under this title shall not be used to establish or operate a stand-alone fee-for-service enterprise in a situation in which a private sector employment agency (as defined in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e)) is providing full access to similar or related services in such a manner as to fully meet the identified need. For purposes of this paragraph, such an enterprise does not include a one-stop delivery system described in section 121(e). (15) (A) None of the funds available under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the annual rate of basic pay prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. (B) The limitation described in subparagraph (A) shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133. (C) In a case in which a State is a recipient of such funds, the State may establish a lower limit than is provided in subparagraph (A) for salaries and bonuses of those receiving salaries and bonuses from a subrecipient of such funds, taking into account factors including the relative cost of living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the Federal programs involved. . 177. Office of Disability Employment Policy Subtitle E is further amended by adding at the end the following: 195. Office of Disability Employment Policy (a) Purpose The purpose of this section is to establish an Office of Disability Employment Policy— (1) to help develop and support national policies and practices that will increase employment and economic advancement opportunities for all individuals with disabilities; and (2) to ensure that such individuals are fully integrated into the 21st century workforce. (b) Office There is established within the Department of Labor an Office of Disability Employment Policy (referred to in this section as the Office ). Except as otherwise specifically provided in this Act, such Office shall be the principal entity carrying out the functions described in this section. (c) Assistant secretary (1) In general The Office shall be headed by an Assistant Secretary of Disability Employment Policy (referred to in this title as the Assistant Secretary ) appointed by the President by and with the advice and consent of the Senate. Except as otherwise specifically provided in this Act, the Assistant Secretary shall be the principal officer carrying out the functions described in this section. (2) Experience The Assistant Secretary shall be an individual with substantial experience in, and a thorough knowledge of, disability employment policy, training and educational opportunities for individuals with disabilities (including youth with disabilities), public benefit programs for individuals with disabilities, job development, and the barriers that may limit employment and economic advancement opportunities of individuals with disabilities. (3) Goals and direction In carrying out the functions of the Office, the Assistant Secretary shall be guided by the goals of achieving equal opportunity, full participation, economic self-sufficiency, and independent living for all individuals with disabilities, to the greatest extent possible. In the performance of the functions of the Office, the Assistant Secretary shall be directly responsible to the Secretary of Labor. (d) Functions The Assistant Secretary shall provide national leadership, and encourage interagency collaboration, on increasing employment and training opportunities for individuals with disabilities through the development of policies and initiatives (taking into account relevant information from other Federal agencies and including the awarding of grants as appropriate) that— (1) eliminate barriers to the employment and training of individuals with disabilities; (2) advance opportunities for employment, and identify strategies that increase employment opportunities in the private sector, for individuals with disabilities, including recruitment, retention, and promotion of such individuals; (3) identify and remove disincentives that limit or prevent the full employment of individuals with disabilities who are receiving benefits through Federal or State programs such as medical assistance under a State Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), or supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (4) advise and assist the Department of Labor and other Federal agencies in the development of policies and practices that increase employment opportunities in the Federal Government for individuals with disabilities, including outreach to and recruitment, retention, and promotion of such individuals; (5) assist youth with disabilities, including such youth who are out-of-school youth, in successfully transitioning into the workforce; (6) increase access for individuals with disabilities seeking employment, education, and training services from a one-stop delivery system described in section 221(e) of the Workforce Investment Act of 2012, and other public and private providers of such services and supports; (7) increase coordination of activities between State vocational rehabilitation programs and the workforce development systems (as defined in section 101 of such Act), including the one-stop centers (as defined in such section 101), including assisting individuals with disabilities in maximizing the services available through such programs, systems, and centers; (8) leverage available public and system resources to address individual and systematic employment barriers for individuals with disabilities, and assist such individuals in navigating the process of coordinating their public benefits, including health care; (9) increase employment opportunities for individuals with significant disabilities in competitive integrated employment; and (10) meet other objectives, as specified by the Secretary of Labor, that will increase employment and training opportunities for individuals with disabilities. (e) Report For each fiscal year, beginning with the first full fiscal year following the date of enactment of the Workforce Investment Act of 2013, the Secretary of Labor shall prepare a report and submit the report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than 90 days after the end of that fiscal year. The report shall summarize the Office’s progress in— (1) meeting the general objectives specified in paragraphs (1) and (2) of subsection (a); (2) meeting each of the 4 goals specified in subsection (c)(3); and (3) developing the specific policies and initiatives specified in subsection (d). (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2017. . 178. Independent evaluation of the efficiency and effectiveness of the Federal Workforce Investment System (a) Definitions In this section— (1) the term Federal job training program means any federally funded employment and training program; and (2) the term individual with barriers to employment has the meaning given such term in section 101(23) of the Workforce Investment Act of 2013. (b) Evaluation by the Government Accountability Office (1) Evaluation The Comptroller General shall conduct an evaluation of the operations of federally funded job training programs in order to evaluate their efficiency and effectiveness in providing job training services to eligible participants, particularly individuals with barriers to employment. The evaluation shall consider— (A) the findings of the January 2011 report of the Government Accountability Office entitled Multiple Employment and Training Programs: Providing Information, Co-locating Services and Consolidating Administrative Structures could Promote Efficiencies (GAO–11–92); (B) whether programs need to be enhanced in order to more effectively provide needed services; (C) whether programs are effectively aligned to provide needed services to different eligible populations; and (D) whether any programs provide duplicative services to their participants and, if so, why. (2) Consultation and recommendations The Comptroller General shall consult with the States, local workforce investment boards, businesses, labor organizations, workforce advocates and community organizations, and relevant education-related organizations in preparing its evaluation and may make any recommendations to improve the efficiency and effectiveness of training programs and attain needed levels of services and accessibility of services. (3) Submission of Plan Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit the evaluation and any plan for improvement to the appropriate committees of Congress. F Community College to Career Fund 181. Community College to Career Fund Title I is further amended by adding at the end the following: F Community College to Career Fund 199. Community College and Industry Partnerships Program (a) Grants authorized From funds appropriated under section 199D(1), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199E, shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving or providing educational or career training programs for workers. (b) Eligible entity (1) In general Entities eligible for a grant under this section are any of the following (or a consortium of any of the following) in partnership with employers or an association of employers— (A) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1085(f))); (B) a four-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965) that offers two-year degrees, will use funds provided under this section for activities at the certificate and associate degree levels, and is not reasonably close, as determined by the Secretaries, to a community college; (C) a tribal college or university (as defined in section 316(b) of the Higher Education Act); or (D) at the discretion of the Secretaries, a private, not-for-profit, two-year institution of higher education in Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (2) Additional Partnerships In addition to partnering with employers or an association of employers, the eligible entities described in paragraph (1) may partner with any of the organizations described in subparagraphs (A) through (D). Any such partnership shall collaborate with, and may include, the State or local workforce investment board. (A) An adult education provider or institution of higher education (as defined in section 101 of the Higher Education Act of 1965). (B) A community-based organization. (C) A joint-labor management partnership. (D) Any other organization that the Secretaries considers appropriate. (c) Application An eligible entity seeking a grant under this section shall submit a grant proposal to the Secretaries at such time and containing such information as the Secretaries determine is required, including a detailed description of— (1) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, improve, or provide an educational or career training program; (2) the extent to which the project will meet the educational or career training needs of workers in the area served by the eligible entity; (3) the extent to which the project will meet the needs of employers in the region for skilled workers in in-demand industry sectors and occupations; (4) the extent to which the project submitted fits within any overall strategic plan developed by an eligible entity; and (5) any previous experience of the eligible entity in providing educational or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section. (d) Criteria for award (1) In general Grants under this section shall be awarded based on criteria established by the Secretaries, that include the following: (A) A determination of the merits of the grant proposal submitted by the eligible entity to develop, offer, improve, or provide educational or career training programs to be made available to workers. (B) An assessment of the likely employment opportunities available in the region to individuals who complete an educational or career training program that the eligible entity proposes to develop, offer, improve, or provide. (C) An assessment of prior demand for training programs by individuals eligible for training served by the eligible entity as well as availability and capacity of existing training programs to meet future demand for training programs. (2) Priority The Secretaries shall give priority to eligible entities that— (A) include a partnership with a business or industry or sector partnership that— (i) pays a portion of the costs of such programs; or (ii) agrees to hire individuals who have completed a particular postsecondary degree, certificate, or credential resulting from the training program of the eligible entity; (B) enter into a partnership with a labor organization or labor-management training program that provides technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skill occupation in an in-demand industry sector; (C) are focused on serving individuals with barriers to employment, low-income, non-traditional students as defined in section 803(j) of the Higher Education Act (20 U.S.C. 11561(c)(j)), students who are dislocated workers, students who are veterans, or students who are long-term unemployed; (D) are community colleges serving areas with high unemployment rates, including rural areas; and (E) are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965. (e) Use of funds Grants awarded under this section shall be used for one or more of the following: (1) The development, offering, improvement, or provision of academic programs or training programs, that provide relevant job training for skilled occupations that will meet the needs of employers in in-demand industries sectors, and which may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce. (2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential or degree in in-demand industry sectors and occupations, including by— (A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study; (B) expanding articulation agreements and policies that guarantee transfer between such institutions, including through common course numbering and general core curriculum; and (C) developing or enhancing student support services programs. (3) The creation of workforce programs that provide a sequence of education and occupational training that leads to a recognized postsecondary credential or degree, including programs that— (A) blend basic skills and occupational training; (B) facilitate means of transitioning from non-credit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions; (C) build or enhance linkages including the development of dual enrollment programs and early college high schools between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006 and title II of this Act); (D) implement other innovative programs designed to increase the provision of training for students, including students who are veteran members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors; and (E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or occupation, which shall include opportunities that transition individuals into employment. (4) The support of regional or national in-demand industry sectors to develop skills consortia that will identify pressing workforce needs and develop solutions such as— (A) standardizing industry certifications; (B) developing new training technologies; and (C) collaborating with industry employers to define and describe how specific skills lead to particular jobs and career opportunities. 199A. Pay-for-Performance and Pay-for-Success Job Training projects (a) Award grants authorized From funds appropriated under section 199D(2), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199E, shall award grants on a competitive basis to eligible entities described in subsection (b) who meet specific performance outcomes and criteria established by the Secretaries under subsection (c). Projects funded by grants under this section shall be referred to as either Pay-for-Performance or Pay-for-Success projects, as set forth in subsection (b). (b) Eligible entity To be eligible to receive a grant under this section an entity shall be a State or local organization (which may be a local workforce organization) in partnership with entities such as community colleges and other training providers who— (1) in the case of Pay-for-Performance projects, agree to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria agreed upon by the Secretaries under subsection (c); or (2) in the case of Pay-for-Success projects, include partnerships with investors, such as philanthropic organizations that provide funding for a specific project or projects to address a clear and measurable job training need in the community or region and agree to be reimbursed under the grant only if the project or projects meet specified performance outcomes and criteria agreed to by the Secretaries under subsection (c). (c) Performance outcomes and criteria Not later than 6 months after the date of the enactment of this subtitle, the Secretary of Labor and the Secretary of Education shall establish and publish specific performance measures for the initial qualification of eligible entities to receive a grant under this section. At a minimum, to receive an award an eligible entity shall— (1) identify a particular program area and client population that is not achieving optimal outcomes; (2) provide evidence that the proposed strategy would achieve better results; (3) clearly articulate and quantify the improved outcomes of such new approach; (4) for Pay-for-Success projects, specify a monetary value that would need to paid to obtain such results and explain the basis for such value; (5) identify data that would be required to evaluate whether outcomes are being achieved for a target population and a comparison group; (6) identify estimated savings that would result from the improved outcomes, including to other programs or units of government; (7) demonstrate the capacity to collect required data, track outcomes, and validate those outcomes; and (8) any other criteria the Secretaries may require. (d) Period of availability for pay-for-Success projects Funds appropriated to carry out Pay-for-Success projects pursuant to section 199D(2) shall, upon obligation, remain available for disbursement until expended, notwithstanding section 1552 of title 31, United States Code, and, if later deobligated, in whole or in part, be available until expended for additional Pay-for-Success grants under this section. 199B. Bring Jobs Back to America grants (a) Grants authorized From funds appropriated under section 199D(3), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199E, shall award grants to State or local governments for job training and recruiting activities that can quickly provided businesses with skilled workers in order to encourage businesses to remain in or relocate to areas served by such governments. The Secretaries shall coordinate with the Secretary of Commerce in carrying out this section. (b) Purpose and use of funds Grants awarded under this section may be used by a State or local government to issue subgrants to eligible entities as designated by the Secretaries, including those described in section 199(b), to assist such eligible entities in providing training necessary to provide skilled workers for businesses that have relocated or are considering relocating operations outside the United States, and may instead relocate to the areas served by such governments. (c) Application A State or local government seeking a grant under the program established under subsection (a) shall submit an application to the Secretaries in such manner and containing such information as the Secretaries may require. At a minimum, each application shall include— (1) a description of the eligible entity or entities the State or local government proposes to assist in providing job training or recruiting activities; (2) a description of the proposed or existing business facility, including the number of jobs relating to such facility and the average wage or salary of those jobs; and (3) a description of any other resources that the State has committed to assisting such business in locating such facility, including tax incentives provided, bonding authority exercised, and land granted. (d) Criteria The Secretaries shall award grants to State and local governments that— (1) the Secretaries determine are most likely to succeed with a grant under the program in assisting an eligible entity in providing the training necessary to cause a business or businesses to remain in or relocate to areas served by such governments; (2) will fund training programs that will result in the greatest number and quality of jobs; (3) have committed State or other resources, to the extent of their ability as determined by the Secretaries, to assist a business or businesses to remain in or relocate to areas served by such governments; and (4) have met such other criteria as the Secretaries consider appropriate, including criteria relating to marketing plans, benefits to ongoing regional or State strategies for economic development and job growth. 199C. Grants for Entrepreneur and Small Business startup training (a) Grants authorized From funds appropriated under section 199D(4), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199E, shall award competitive grants to eligible entities described in subsection (b) to provide training in starting a small business and entrepreneurship. The Secretaries shall coordinate with the Administrator of the Small Business Administration in carrying out this section including in the development of criteria and selection of proposals. (b) Eligible entity (1) In general Entities eligible for a grant under this section are any of the following (or a consortium of any of the following) in partnership with at least one local or regional economic development entity described in paragraph (2)— (A) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1085(f))); (B) a four-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965) that offers two-year degrees, will use funds provided under this section for activities at the certificate and associate degree levels, and is not reasonably close, as determined by the Secretaries, to a community college; (C) a tribal college or university (as defined in section 316(b) of the Higher Education Act); or (D) at the discretion of the Secretaries, a private, not-for-profit, two-year institution of higher education in Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (2) Additional Partnerships Local or regional economic development entities described in this paragraph are the following: (A) Small business development centers. (B) Women’s business centers. (C) Regional innovation clusters. (D) Local accelerators or incubators. (E) State or local economic development agencies. (c) Application An eligible entity seeking a grant under this section shall submit a grant proposal in such manner and containing such information as the Secretaries and the Small Business Administrator shall require. Such information shall include the manner in which entrepreneurship training and education will be provided, the role of partners in such an arrangement, and the manner in which the proposal will integrate and partner with local economic development resources. (d) Use of funds Grants awarded under this section shall be used to provide training in entrepreneurship and starting a small business, including through online courses, intensive seminars, and comprehensive courses. 199D. Authorization of Appropriations (a) In general There is authorized to be appropriated $8,000,000,000 to carry out this subtitle, of which $4,000,000,000 is authorized to be appropriated to the Secretary of Labor and $4,000,000,000 is authorized to be appropriated to the Secretary of Education. Such amounts shall be used to carry out the programs authorized by this subtitle as follows: (1) $7,000,000,000 is authorized for the program established by section 199; (2) $500,000,000 is authorized for the program established by section 199A; (3) $250,000,000 is authorized for the program established by section 199B; (4) $250,000,000 is authorized for the program established by section 199C; and (5) Not more than 5 percent of the amounts authorized under paragraphs (1) through (4) may be used by the Secretaries to administer each respective program, including providing technical assistance and carrying out evaluations. (b) Period of availability Except as provided in section 199A(d), the funds appropriated pursuant to subsection (a) shall be available for Federal obligation for the fiscal year for which the funds are appropriated and the succeeding 2 fiscal years. 199E. Interagency agreement (a) In general The Secretary of Labor and the Secretary of Education shall jointly develop policies for the administration of this subtitle in accordance with such terms as the Secretaries shall set forth in an interagency agreement. Such interagency agreement, at a minimum, shall include a description of the respective roles and responsibilities of the Secretaries in carrying out this subtitle (both jointly and separately), including— (1) how the funds available under this subtitle will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the grantees will be selected and monitored; (2) how evaluations and research will be conducted on the effectiveness of grants awarded under this subtitle in addressing the education and employment needs of workers, and employers; (3) how technical assistance will be provided to applicants and grant recipients; (4) how information will be disseminated, including through electronic means, on best practices and effective strategies and service delivery models for activities carried out under this subtitle; and (5) how policies and processes critical to the successful achievement of the education, training, and employment goals of this subtitle will be established. (b) Transfer authority The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education to carry out this subtitle in accordance with the agreement described in subsection (a). The Secretary of Labor and the Secretary of Education shall have the ability to transfer funds to the Secretary of Commerce and the Administrator of the Small Business Administration to carry out sections 199B and 199C, respectively. (c) Reports The Secretary of Labor and the Secretary of Education shall jointly develop and submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, describing the activities carried out under this subtitle and the outcomes of such activities. . II Adult Education and Literacy 201. Purposes, definitions, and miscellaneous provisions (a) Purpose Section 202 is amended to read as follows: 202. Purpose It is the purpose of this title to create a partnership among the Federal Government, States, and localities to provide, on a voluntary basis, adult education and literacy activities, in order to— (1) assist adults to become literate and obtain the knowledge and skills necessary for employment and economic self-sufficiency; (2) assist adults who are parents to obtain the education and skills that— (A) are necessary to becoming full partners in the educational development of their children; and (B) lead to sustainable improvements in the economic opportunities for their family; (3) assist adults in attaining a secondary school diploma or its equivalent and in the transition to and success in postsecondary education and training, including through career pathways; (4) assist immigrants and other individuals who are English language learners in improving their reading, writing, speaking, and comprehension skills in English; (5) assist immigrants in acquiring an understanding of the American system of government and the responsibilities of citizenship; (6) assist States in expanding a 21st century delivery system for adult education, literacy, and workplace skills services that meet the needs of adults at all skill levels; (7) assist adults in developing technology literacy; and (8) enable more adults to complete adult education and enter and succeed in postsecondary education and employment. . (b) Definitions Section 203 is amended— (1) by amending paragraph (1) to read as follows: (1) Adult education The term adult education means academic instruction and services below the postsecondary level that increase an individual’s ability to— (A) read, write, and speak in English and perform mathematics or other activities necessary for the attainment of a secondary school diploma or its recognized equivalent; (B) transition to and success in postsecondary education and training; or (C) obtain employment. ; (2) in paragraph (2), by striking activities described in section 231(b) and inserting programs, activities, and services that include adult education, literacy, workplace adult education and literacy activities, family literacy activities, English language acquisition activities, workforce preparation activities, or integrated education and training ; (3) by striking paragraphs (3), (8), (9), (10), (13), (14), and (17) and redesignating paragraphs (4), (7), (11), (12), (15), (16), and (18) as paragraphs (3), (9), (10), (11), (13), (14), and (15), respectively; (4) in paragraph (3) (as so redesignated), by inserting activities after literacy ; (5) by inserting after paragraph (3) (as so redesignated) the following: (4) Eligible individual The term eligible individual means an individual— (A) who has attained 16 years of age; (B) who is not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) is unable to compute or solve problems, or read, write, or speak English at a level necessary to function on the job, in the individuals’ family, or in society; (ii) does not have a secondary school diploma or its recognized equivalent, and has not achieved an equivalent level of education; or (iii) is an English language learner. ; (6) in paragraph (5)— (A) by striking means— and inserting means an organization that has demonstrated effectiveness in providing adult education and literacy activities that may include— ; (B) in subparagraphs (B) and (C), by striking of demonstrated effectiveness both places it appears; (C) in subparagraph (H), by striking literacy services and all that follows and inserting adult education and literacy activities to eligible individuals; ; (D) in subparagraph (I), by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (J) a partnership between an employer and an entity described in any of subparagraphs (A) through (I). ; (7) by amending paragraph (6) to read as follows: (6) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help eligible individuals who are English language learners achieve competence in reading, writing, speaking, and comprehension of the English language; (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement; and (C) that such programs may be sequential, integrated, or concurrent in nature. ; (8) by inserting after paragraph (6) the following: (7) English language learner The term English language learner when used with respect to an eligible individual, means an eligible individual who has limited ability in reading, writing, speaking, or comprehending the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (8) High quality literacy instruction The term high quality literacy instruction means developmentally appropriate, explicit, and systematic instruction that provides students with— (A) early development and grade-level mastery of oral language skills, both listening and speaking, phonological awareness, using a wide vocabulary, conventional forms of grammar, and academic language; (B) the ability to read regularly spelled words and high-frequency irregularly spelled words and to decode regularly spelled unfamiliar words accurately, using phonemic awareness, print awareness, alphabet knowledge, and knowledge of English spelling patterns; (C) the ability to read texts accurately, fluently, and with comprehension, relying on knowledge of the vocabulary in those texts and of the background information that the students possess; (D) the ability to read with a purpose and the capacity to differentiate purposes and to select and apply comprehension strategies appropriate to achieving the purpose; (E) an understanding of, and ability to adapt to, the varying demands of different genres, formats, and types of texts across the core content areas in order to comprehend texts of appropriate levels of complexity and content, including texts necessary for mastery of grade-level standards; (F) the ability to effectively access, critically evaluate, and appropriately synthesize information from a variety of sources and formats; (G) the development and maintenance of a motivation to read and write, as reflected in habits of reading and writing regularly and or discussing one’s reading and writing with others; and (H) the ability to write clearly, accurately, and quickly so as to communicate ideas and deepen comprehension, in ways that fit purpose, audience, occasion, discipline, and format; adhere to conventions of spelling and punctuation; and benefit from revision so as to improve clarity, coherence, logical development, and the precise use of language. ; (9) in paragraph (9)— (A) in the paragraph heading, by striking Services and inserting Activities ; (B) in the matter preceding subparagraph (A)— (i) by striking services both places it appears and inserting activities ; and (ii) by striking changes in a family and inserting improvements in the economic prospects for a family and that better enable parents to support their children’s learning needs ; (C) by striking subparagraph (C) and redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (D) by inserting before subparagraph (B) (as so redesignated) the following: (A) Parent adult education and literacy activities that lead to readiness for the attainment of a secondary school diploma or its recognized equivalent postsecondary education or training, employment, career advancement, and economic self-sufficiency. ; (10) by inserting after paragraph (10) (as so redesignated) the following: (11) Integrated education and training The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with credit-bearing postsecondary education and training, including through co-instruction. (12) Integrated English literacy and civics education The term integrated English literacy and civics education means an integrated program of educational services for immigrant and other limited English proficient adults, including immigrant professionals with degrees and credentials in their native countries, that enables them to achieve competency in the English language and acquire the basic and more advanced skills needed to function effectively as parents, workers, and citizens. Such programs shall include instruction in literacy and English language acquisition and instruction on the rights and responsibilities of citizenship and civic participation, and may include workforce training. ; (11) by amending paragraph (15) (as so redesignated) to read as follows: (15) Workplace adult education and literacy activities The term workplace adult education and literacy activities means adult education and literacy activities offered by an eligible provider in collaboration with an employer or employee organization at a workplace or an off-site location that is designed to improve the productivity of the workforce. ; and (12) by adding at the end the following: (16) Workforce preparation activities The term workforce preparation activities means activities, programs, or services designed to help an individual acquire a combination of basic academic skills, critical thinking skills, and self-management skills, including competencies in utilizing resources, using information, working with others, understanding systems, working with technology, and skills necessary for successful transition into and completion of postsecondary education or training, or employment. . (c) Home schools Section 204 is amended— (1) by inserting whether a home school is treated as a home school or a private school under State law, after home schools, ; and (2) by striking an English literacy program and all that follows and inserting adult education and literacy activities. . (d) Rule of construction Title II is further amended by redesignating section 205 as section 206 and inserting after section 204 the following: 205. Rule of construction regarding postsecondary transition and concurrent enrollment activities Nothing in this title shall be construed to prohibit or discourage the use of funds provided under this title for adult education and literacy activities that help eligible individuals transition to and succeed in postsecondary education, including credit-bearing coursework, and training or employment, or for concurrent enrollment activities. . (e) Authorization of Appropriations Section 206 (as so redesignated) is amended— (1) by inserting $1,100,000,000 for fiscal year 2013 and after to carry out this title ; and (2) by striking of the fiscal years 1999 through 2003 and inserting succeeding fiscal year . (f) Technical amendment Title II is further amended— (1) by striking subtitle B; (2) by striking the subtitle A designation; and (3) by redesignating chapters 1 through 4 as subtitles A through D, respectively. 202. Amendments to subtitle A (a) Reservation of funds, eligible agencies, allotments Section 211 is amended— (1) by amending subsection (a) to read as follows: (a) Reservation of funds From the sum appropriated under section 206 for a fiscal year, the Secretary— (1) shall reserve $250,000,000 to carry out section 242(c)(1)(E); (2) shall reserve 1.5 percent to carry out the remainder of section 242, except that the amount so reserved shall not exceed $15,000,000; (3) shall reserve 1.5 percent to carry out section 243, except that the amount so reserved shall not exceed $12,000,000; and (4) shall reserve 12 percent of the amount that remains after reserving funds under paragraphs (1) and (2) to carry out section 244. ; (2) in subsection (b)— (A) by striking section 205 and inserting section 206 ; and (B) by striking section 224 and inserting section 112 or a State unified plan approved under section 113 ; and (3) in subsection (c)— (A) in paragraph (1)— (i) by striking section 205 and inserting section 206 ; (ii) by striking section 224 and inserting section 112 or a State unified plan approved under section 113 ; (iii) in subparagraph (A)— (I) by striking $100,000 and inserting $250,000 ; and (II) by inserting except as provided in subsection (e) after outlying area ; and (iv) in subparagraph (B), by striking $250,000 and inserting $350,000 ; and (B) in paragraph (2), by striking section 205 and inserting section 206 ; (4) by amending subsection (f) to read as follows: (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c), for fiscal year 2011 and each succeeding fiscal year, no eligible agency shall receive an allotment under this section that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this section. (2) 100 Percent allotment Notwithstanding paragraph (1) of subsection (e), for a fiscal year for which an eligible agency receives only an initial allotment under subsection (c)(1) (and no additional allotment under subsection (c)(2)) the eligible agency shall receive an allotment under this section that is equal to 100 percent of the initial allotment under subsection (c)(1). (3) Ratable reduction If for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraphs (1) and (2), the Secretary shall ratably reduce the payments to all eligible agencies, as necessary. ; and (5) by adding at the end the following: (h) Study and report (1) Study The Comptroller General of the United States shall conduct a study concerning the formula described in this section and, in conducting the study, shall, at a minimum— (A) examine whether the formula results in a distribution of funds that sufficiently targets the entire population of individuals eligible for adult education and literacy activities under this title; (B) examine whether the data used to count qualified adults, for purposes of the formula, accurately identify the population of individuals eligible for the activities; and (C) develop recommendations, as necessary, for improving the formula so that the formula results in a distribution of funds that better serves that population and the data used to count qualified adults accurately measure that population. (2) Report Not later than 3 years after the date of enactment of the Workforce Investment Act of 2013 , the Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report containing the results of the study described in paragraph (1). . (b) Performance accountability system Section 212 is amended to read as follows: 212. Performance accountability system Programs and activities authorized in this title are subject to the performance accountability provisions described in section 136. Additional indicators shall include the following: (1) Demonstrated improvements in literacy skill levels in reading, writing, and speaking the English language, numeracy, English language acquisition, and other literacy skills. (2) Receipt of a secondary school diploma or its equivalent. (3) Attainment of an industry-recognized workforce readiness credential or other recognized postsecondary credential, the attainment of which requires skills below the postsecondary level. (4) Placement in, retention in, or completion of a postsecondary education or training program. . 203. Amendments to subtitle B (a) State administration Section 221 is amended— (1) in paragraph (1), by striking submission, and implementation of the State plan and inserting implementation, and monitoring of the relevant components of the State unified plan in section 112 or the State unified plan in section 113 . (b) State distribution and matching requirement Section 222 is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking this subtitle and inserting section 211(b) ; (B) in paragraph (1)— (i) by striking 82.5 percent and inserting 80 percent ; (ii) by striking 10 percent and inserting not less than 10 percent ; and (iii) by striking of the 82.5 percent ; (C) in paragraph (2), by striking 12.5 percent and inserting 15 percent ; and (D) in paragraph (3), by striking $65,000 and inserting $75,000 ; and (2) in subsection (b)(1), by striking equal to— and inserting that is not less than— . (c) State leadership activities Section 223 is amended by amending subsection (a) to read as follows: (a) Activities (1) Required Each eligible agency shall use funds made available under section 222(a)(2) and from other funds available to the State for such purposes, for the following adult education and literacy activities to develop or enhance the adult education system of the State or outlying area: (A) The alignment of adult education and literacy activities with other core programs and one-stop partners, including eligible providers, to implement the strategy identified in the unified State plan under section 112 or the State unified plan under section 113, including the development of career pathways to provide access to employment and training services for individuals in adult education and literacy activities. (B) The establishment or operation of high-quality professional development programs to improve the instruction provided pursuant to local activities required under section 231(b), including instruction incorporating the essential components of reading, writing, and numeracy instruction and instruction for English language learners as such components relate to adults, instruction related to the specific needs of adult learners, instruction provided by volunteers or by personnel of a State or outlying area, and dissemination of information about models and promising practices related to such programs. (C) The provision of technical assistance to eligible providers of adult education and literacy activities, including technical assistance in— (i) the development and dissemination of instructional and programmatic practices based on available evidence-based research, where appropriate, in reading, writing, speaking, mathematics, English language acquisition programs, distance education, and staff training; (ii) the role of eligible providers as a one-stop partner in providing access to employment, education, and training services; (iii) the use of technology, including for staff training, to eligible providers, especially the use of technology to improve system efficiencies; (iv) the development of content and models for career pathways, including integrated education and training, career bridge programs or instruction, and postsecondary transition activities; and (v) the acquisition and implementation of technology tools, applications, and other resources that will— (I) help in enhancing or redesigning adult education, literacy, and workplace skills curricula to improve technology literacy for adult learners; (II) facilitate assessments for data analysis to enable individualized instruction; and (III) be employed in professional development activities. (D) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities and the dissemination of information about models and proven or promising practices within the State. (E) The assessment of the quality of the adult education teacher workforce in the State, which shall include taking actions to improve that quality, including by establishing a requirement that all paid professionals have at least a bachelor’s degree and that volunteers be required to be supervised or supported by a paid professional with a bachelor’s degree, and through such actions as working in partnership with colleges and universities to improve the quality of adult education teacher preparation and increase access to high-quality preparation programs. (F) The development of rigorous content standards and aligned assessments for their adult education programs that reflect accepted standards for college- and career-readiness that are aligned with the college- and career-ready standards the State develops and implements in compliance with section 14006(d)(4) of the American Recovery and Reinvestment Act of 2009. (2) Permissible activities Each eligible agency may use funds made available under section 222(a)(2) for 1 or more of the following adult education and literacy activities: (A) The support of State or regional networks of literacy resource centers. (B) The development and implementation of technology applications, including online and on-air educational digital content, translation technology, or distance education, including professional development to support the use of instructional technology. (C) The development and dissemination of curricula, including curricula incorporating the essential components of reading instruction as such components relate to adults. (D) The dissemination of content and models for integrated education and training and career pathways, including the provision of technical assistance to eligible providers in the State administering such programs. (E) The provision of assistance to eligible providers in developing and implementing programs that achieve the objectives of this title and in measuring the progress of those programs in achieving such objectives, including meeting the State adjusted levels of performance described in section 136(b)(3). (F) The provision of assistance to eligible providers in the development of new data management systems required by the performance accountability system described in section 136(b). (G) The development and implementation of a system to assist in the transition from adult education to postsecondary education, including linkages with postsecondary educational institutions or institutions of higher education. (H) The integration of literacy and English language instruction with occupational skill training, including promoting linkages with employers. (I) Activities to promote workplace adult education and literacy activities. (J) Activities to promote and complement local outreach initiatives described in section 243(b)(3)(G). (K) In cooperation with efforts funded under sections 242 and 243, development and piloting of— (i) promising and proven assessment tools and strategies that— (I) are based on evidence-based research, where available and appropriate; and (II) identify the needs and capture the gains of students at all levels, with particular emphasis on— (aa) students at the lowest achievement level; (bb) students who are English language learners; and (cc) adults with learning disabilities; (ii) strategies for improving teacher quality and retention; (iii) assistance in converting evidence-based research into practice; and (iv) strategies in the use of technology, including online and on-air educational digital content to improve technology literacy for adult learners. (L) The development and implementation of programs and services to meet the needs of adult learners with learning disabilities who are English language learners. (M) Family literacy activities that promote adult education and help parents become their child’s first teacher. (N) Support for recruitment and outreach for instructors, students, and employers. (O) Other activities of statewide significance that promote the purpose of this title. (3) Digital learning Each eligible agency may reserve up to 10 percent of the funds made available under section (222)(a)(2) for grants to an entity that owns and operates a television public broadcast station, as defined in section 397(6) of the Communications Act of 1934 ( 47 U.S.C. 397(6) ) (including a partnership of such entities), in partnership with an eligible agency, State Board described in section 111, or institution of higher education to develop, disseminate, and provide online and on-air education and training services for adults, including: (A) the development, training and use of innovative, high-quality tools, products, and educational digital content and services for— (i) adult education and literacy, GED preparation, workforce training, and related outreach (including community and family) services; (ii) professional development; and (iii) English language education and services for non-English speakers; (B) the development and implementation of technology applications, including online and on-air education digital content, translation technology, or distance education, including professional development to support the use of instructional technology; and (C) developing and piloting strategies in the use of technology through online and on-air educational digital content, including to improve technology literacy for adult learners. . (d) State plan Section 224 is amended to read as follows: 224. State Plan Each State desiring to receive funds under this title for any fiscal year shall submit and have approved by the Secretary and the Secretary of Labor a State plan in accordance with section 112 or a State unified plan in accordance with section 113. . (e) Programs for corrections education and other institutionalized individuals Section 225 is amended— (1) in subsection (b)— (A) in paragraph (1), by striking basic education and inserting adult education and literacy activities ; (B) in paragraph (2), by striking education programs and inserting education, ; and (C) by striking paragraphs (3) and (4) and inserting the following: (3) secondary school credit; (4) integrated education and training; (5) career pathways; (6) concurrent enrollment; (7) postsecondary correctional education linked to employment; (8) peer tutoring; and (9) transition to re-entry initiatives and other post-release services with the goal of reducing recidivism. ; and (2) by striking subsection (d) and inserting the following: (d) Report In addition to any report required under section 136, each eligible agency that receives assistance provided under this section shall annually prepare and submit to the Secretary a report on the progress, as described in section 136, of the eligible agency with respect to the programs and activities carried out under this section, including the rate of recidivism for the criminal offenders served. (e) Definitions In this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with or convicted of any criminal offense. . 204. Amendments to subtitle C (a) Grants and contracts for eligible providers Section 231 is amended— (1) in subsection (b), by striking one or more programs that provide and all that follows and inserting programs that provide adult education and literacy activities, programs that provide such activities concurrently with postsecondary education or training or employment activities, and credit-bearing postsecondary coursework. ; (2) in subsection (c)— (A) by striking Each eligible and inserting: (1) In general Each eligible ; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the right; (C) in subparagraph (A) (as so redesignated), by inserting and compete after apply ; and (D) by adding at the end the following: (2) GAO study Not later than the second program year following the date of enactment of the Workforce Investment Act of 2013, the Comptroller General shall conduct a study to determine how the provisions of paragraph (1) have been implemented and whether such provisions accomplished the purposes of such paragraph. ; (3) in subsection (d)— (A) by striking section 203(1) and inserting section 203(4) ; and (B) by striking other than adult education activities and inserting other than activities for eligible individuals ; and (4) in subsection (e)— (A) in paragraph (1), by striking will establish measurable goals for participant outcomes and insert would be responsive to— (A) regional needs as identified in the local plan under section 118; and (B) serving individuals in the community who were identified in such plan as most in need of adult education and literacy activities, including individuals— (i) who have low levels of literacy skills; (ii) who have learning disabilities; or (iii) who are English language learners; ; (B) by amending paragraphs (2) through (8) to read as follows: (2) capacity, including past effectiveness in improving the English language, reading, and mathematic skills of eligible individuals of the eligible provider, to meet and exceed State-adjusted levels of performance for the primary indicators of performance described in section 136 for eligible individuals, especially with respect to eligible individuals who have low levels of literacy; (3) the extent to which the eligible provider demonstrates alignment between proposed activities and services and the strategy and goals of the local plan under section 118, as well as with the activities and services of the one-stop partners; (4) whether the eligible provider’s program uses instructional practices that include the essential components of reading instruction; (5) whether the eligible provider’s activities are built on a strong foundation of evidence-based research on available and effective educational practices; (6) whether the eligible provider’s activities effectively employ advances in technology and delivery systems, including distance education; (7) whether the eligible provider’s activities provide learning in context, including through integrated education and training, so that an individual acquires the skills needed to transition to and success in completing postsecondary education and training programs, obtain and advance in employment leading to economic self-sufficiency, and exercise the rights and responsibilities of citizenship; (8) whether the eligible provider’s activities are delivered by instructors, counselors, and administrators who meet minimum qualifications established by the State, and who have access to professional development, including through electronic means; ; (C) in paragraph (9)— (i) by inserting eligible provider’s after whether the ; (ii) by inserting education, training, and social service after other available ; (iii) by inserting local workforce investment boards, after postsecondary educational institutions, ; and (iv) by inserting , business, industry, labor organizations, community-based organizations, nonprofit organizations, and intermediaries, for the development of career pathways before the semicolon; (D) in paragraph (10)— (i) by inserting eligible provider’s after whether the ; (ii) by inserting coordination with Federal, State, and local after schedules and ; and (iii) by striking and transportation and inserting transportation, mental health services, and career planning ; and (E) by striking paragraphs (11) and (12) and inserting the following: (11) the capacity of the eligible provider to provide integrated education and training; (12) whether the eligible provider maintains an information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and monitor program performance; (13) the capacity of the eligible provider to offer or connect individuals with career pathways that will lead to economic self-sufficiency; (14) whether the local areas in which the eligible provider is located have demonstrated need for additional English language acquisition programs, integrated English literacy, and civics education programs; and (15) the capacity of the eligible provider to serve eligible individuals with disabilities, including individuals with learning disabilities. . (b) Local application Section 232 is amended— (1) in the matter preceding paragraph (1), by striking under this subtitle and inserting from an eligible agency ; (2) in paragraph (1), by striking ; and and inserting consistent with the requirements of this title; ; and (3) by striking the period at the end of paragraph (2) and inserting a semicolon, and after such paragraph inserting the following: (3) a description of how the eligible provider will provide services in alignment with the local plan under section 118, including how such provider will promote concurrent enrollment in programs and activities under titles I and II, as appropriate, to assist eligible individuals in accessing and succeeding in postsecondary education and job training services and how such provider will promote access to career pathways; (4) a description of how the eligible provider will meet the State adjusted levels of performance described in section 136(b)(3), including how such provider will collect data to report on such performance indicators; (5) a description of how the eligible provider will fulfill one-stop partner responsibilities as described in section 121(b)(1)(A), as appropriate; (6) a description of how the eligible provider will provide services in a manner that meets the needs of eligible individuals; and (7) information that addresses the considerations described under section 231(e), as applicable. . (c) Local administrative cost limits Section 233 is amended— (1) in subsection (a)(2), by striking personnel development and interagency coordination and inserting (including carrying out the requirements of section 136), professional development, and the activities described in paragraphs (3) and (5) of section 232 ; and (2) in subsection (b), by striking adequate planning, administration, personnel development, and interagency coordination and inserting the eligible provider to carry out the activities described in subsection (a)(2) . 205. Amendments to subtitle D (a) Administrative provisions Section 241(b) is amended— (1) in paragraph (1)(A), by striking adult education and literacy activities and inserting activities under this title ; and (2) in paragraph (4), by striking 1 fiscal year only and inserting not more than 1 fiscal year . (b) National institute for adult education and literacy Section 242 is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting Adult Education and after Institute for ; (B) in paragraph (1), by striking literacy and inserting effective adult education and literacy activities for adults and families, including the identification of research topics ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and inserting after paragraph (1) the following: (2) supports the development and replication of promising and proven approaches to adult education and literacy activities and programs of demonstrated effectiveness; ; (D) in paragraph (3) (as so redesignated), by striking literacy and inserting and disseminates information on adult education and literacy activities, ; and (E) in paragraph (4) (as so redesignated), by striking programs by— and all that follows through subparagraph (A) and inserting activities by— (A) providing advice on the efforts of the Department of Education, Department of Labor, and the Department of Health and Human Services and other relevant agencies to achieve the goals of adult education and literacy programs and programs consistent with title I, within and across such agencies; (B) coordinating and participating in the Federal effort to identify, produce, and disseminate information on adult education and literacy activities that are derived from available evidence-based research and effective programs that serve adults and families, including individuals with learning disabilities; and (C) providing current information annually on effective practices and research in adult education and literacy activities to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, and the relevant Federal agencies. ; (2) in subsection (b)— (A) in paragraph (1), by inserting Adult Education and after Institute for ; and (B) in paragraph (2), by striking separate and inserting independent ; (3) by amending subsection (c) to read as follows: (c) Duties (1) In general In order to reinforce and support the alignment of activities and programs consistent with provisions under title I, the Institute is authorized— (A) to maintain a national electronic database of information that disseminates information to the broadest possible audience within the adult education and literacy field, and that includes— (i) best practices and research regarding the provision of adult education and literacy activities, including instruction in the essential components of reading instruction, integrated education and training, and the integration of English literacy and civics education; (ii) public and private adult education and literacy activities and programs, and Federal, State, and local policies, affecting the provision of adult education and literacy activities at the national, State, and local levels; (iii) opportunities for technical assistance, meetings, conferences, and other opportunities that lead to the improvement of adult education and literacy activities; (iv) a list of eligible providers; and (v) best practices in reading research, numeracy instruction, and service to English language learners; (B) to coordinate the support of promising and proven research, as defined by the Institute of Education Sciences, and development on adult education and literacy activities for adults and for employers across Federal agencies, and to carry out basic and applied research and development on topics that are not being investigated by other organizations or agencies, such as the special literacy needs of individuals with learning disabilities; (C) to provide policy and technical assistance to Federal, State, and local entities for the improvement of policy and programs relating to adult education and literacy activities; (D) to fund a network of State or regional adult education and literacy resource centers to assist State eligible agencies, eligible providers, and private nonprofit efforts to improve adult education and literacy activities by— (i) encouraging the coordination of adult education and literacy activities; (ii) enhancing the capacity of State eligible agencies and eligible providers to deliver adult education and literacy activities; and (iii) serving as a link between the Institute and eligible providers of adult education and literacy activities for the purpose of sharing information, data, research, expertise, and literacy resources, and for soliciting research needs; (E) to establish and maintain a national adult learning and technology resource center to— (i) develop frameworks for technology-based learning and professional development materials for adult education, literacy, and workplace skills; (ii) support distance education for professional development for eligible entities and eligible providers of adult education, literacy, and workplace skills services; (iii) coordinate and share information on the innovative uses of technology, such as the use of assistive technology to deliver digital content to adult learners; and (iv) be accessible to the public through the website of the center; (F) to advise Congress and Federal departments and agencies regarding the development of policy with respect to adult education and literacy activities; (G) to undertake other activities that lead to the improvement of the Nation’s adult education and literacy delivery system and that complement other such efforts being undertaken by public and private agencies and organizations, including activities that relate to the acquisition of skills in reading, writing, English language acquisition, and mathematics; (H) to assist States that are pursuing the implementation of standards-based educational improvements and related standards-based assessment instruments for eligible providers through the dissemination of training, technical assistance, and related support; and (I) to develop and disseminate best practices on the education, training, professional development, certification, and credentialing of adult education instructors, including how the use of technology can contribute to such efforts. (2) Grants, contracts, and cooperative agreements The Institute may award competitive grants to, or enter into contracts or cooperative agreements with, individuals, public or private institutions, agencies, organizations, or consortia of such institutions, agencies, or organizations to carry out the activities of the Institute. (3) Coordination In identifying and supporting promising and proven research the Institute shall use standards for research quality that are consistent with those of the Institute of Education Sciences. ; (4) in subsection (d)(1), by striking research, or innovation and inserting or research ; (5) in subsection (e)— (A) in the subsection heading, by inserting Adult Education and after Institute for ; (B) in paragraph (1)— (i) in subparagraph (A), by inserting Adult Education and after Institute for ; (ii) in subparagraph (B)(i)— (I) by inserting adult education and after organizations and providers of ; and (II) by striking English literacy and inserting English language acquisition ; (iii) in subparagraph (B)(ii), by striking literacy programs and inserting or have participated in or partnered with workplace adult education and literacy activities ; (iv) in subparagraph (B)(iii), by striking literacy both places it appears and inserting adult education and literacy ; (v) in subparagraph (B)(iv), by inserting adult education and literacy research, including adult after area of ; (vi) in subparagraph (B)(vi), by striking and ; (vii) in subparagraph (B)(vii), by striking the period and inserting ; and ; and (viii) by adding at the end the following: (viii) institutions of higher education or postsecondary educational institutions. ; (C) in paragraph (2)— (i) in subparagraph (B), by striking and ; (ii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) review the biennial report submitted to Congress pursuant to subsection (k). ; and (D) in paragraph (5)— (i) by striking Any and inserting A ; and (ii) by inserting at a meeting for which there is a quorum before the period; (6) in subsection (k)— (A) in the matter preceding paragraph (1)— (i) by striking The and inserting not later than one year after the date of enactment of the Workforce Investment Act of 2013, and biennially thereafter, the ; and (ii) by striking Committee on Labor and Human Resources of the Senate and inserting Committee on Health, Education, Labor and Pensions of the Senate and the relevant agencies ; (B) in paragraph (1), by inserting adult education and after field of ; and (C) in paragraph (2), by striking adult education and after goals of the ; and (7) by adding at the end the following: (m) National institute for literacy Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to— (1) the head of the National Institute for Literacy shall be treated as a reference to the head of the National Institute for Adult Education and Literacy; and (2) the National Institute for Literacy shall be treated as a reference to the National Institute for Adult Education and Literacy. . (c) National Leadership activities Section 243 is amended— (1) in the matter preceding paragraph (1)— (A) by striking The Secretary and inserting: (a) In general The Secretary ; (B) by inserting and outcomes after the quality ; (C) by striking programs and inserting activities and programs ; and (D) by striking Such activities may include the following: and inserting: (b) Allowable activities The national leadership activities described in subsection (a) may include the following: ; (2) in paragraph (1)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively and inserting before subparagraph (B) (as so redesignated) the following: (A) assistance to help States meet the requirements of section 136; ; (B) in subparagraph (B) (as so redesignated)— (i) by striking developing and using performance measures and inserting using performance accountability measures based on indicators described in section 136, and data systems ; and (ii) by striking , including family literacy services ; (C) in subparagraph (C) (as so redesignated), by striking including family literacy services and all that follows and inserting utilizing evidence-based research where available; ; (D) in subparagraph (D) (as so redesignated)— (i) by striking learning and inserting education ; and (ii) by striking the period and inserting the following: , including through the use of instructional models that blend in-person and online instruction; and ; and (E) by adding at the end the following: (E) assistance in the development and dissemination of promising and proven models for addressing the digital literacy needs of adults, including older adults. ; (3) by redesignating paragraph (2) as paragraph (3), and inserting after paragraph (1) the following: (2) A program of grants, contracts, or cooperative agreements awarded on a competitive basis to national, regional, or local networks of private nonprofit organizations, public libraries, or institutions of higher education to build the capacity of such networks’ members to— (A) meet the performance requirements, described in section 136, of eligible providers under this title; and (B) involve eligible individuals in program improvement. ; and (4) in paragraph (3) (as so redesignated)— (A) in the matter preceding subparagraph (A), by inserting institutions of higher education, after postsecondary educational institutions, ; (B) in subparagraph (A), by striking phonemic awareness and all that follows through reading comprehension and inserting the essential components of reading instruction ; (C) in subparagraph (B), by striking , including family literacy services ; (D) in subparagraph (C), by striking research, such as and inserting: research, including evidence-based research where available, on national literacy basic skill acquisition for adult learning, including ; (E) in subparagraph (D)— (i) in clause (i), by striking the semicolon and inserting , which may include programs that— (I) accelerate learning outcomes for eligible individuals with the lowest literacy levels; (II) promote career pathways for eligible individuals; (III) promote concurrent enrollment programs in adult education and credit bearing postsecondary coursework; and (IV) develop high-quality professional development activities for eligible providers; ; and (ii) in clause (ii), by striking such as the development and all that follows and inserting such as— (I) programs for skill certification; (II) the identification of effective strategies for working with adults with learning disabilities and with adults who are English language learners; (III) integrated education and training programs; (IV) programs providing adult education and literacy activities coordinated with employment services; (V) family literacy activities that promote adult education and help parents become their child’s first teacher; and (VI) postsecondary education and training transition programs; ; (F) in subparagraph (E)— (i) in the matter preceding clause (i), by striking through studies and analyses conducted independently ; (ii) in clause (i)— (I) by inserting accountability after performance ; (II) by inserting , including interim measures connected to increasing advancement along a career pathway, after measures of accountability ; and (III) by striking , including family literacy services ; (iii) in clause (ii)— (I) by striking including family literacy services ; and (II) by striking adults (and of children and all that follows through in such activities and inserting eligible individuals, lead ; (iv) in clause (iii)— (I) by striking adults and inserting eligible individuals ; (II) by striking family ; and (III) by striking programs and inserting activities ; and (v) in clause (iv), by striking eligible agencies have distributed and all that follows and inserting different types of providers measurably improve the skills of eligible individuals in adult education and literacy activities; ; (G) by redesignating subparagraphs (F), (G) and (H) as subparagraphs (G), (H), and (K), respectively; (H) by inserting after subparagraph (E) the following: (F) carrying out research on the relationship between instructional quality, including education levels, certification status, and experience of instructors, and the performance outcomes of eligible providers consistent with section 136; ; (I) in subparagraph (G) (as so redesignated)— (i) by inserting of programs after building ; and (ii) by striking subtitle and inserting title ; and (J) in subparagraph (H) (as so redesignated), by striking ; and and inserting a semicolon and inserting after such subparagraph the following: (I) supporting the development of an entity that would produce and distribute technology-based programs and materials for adult education and literacy activities using an interconnection system (as defined in section 397 of the Communications Act of 1934 ( 47 U.S.C. 397 )) and expand the effective outreach and use of such programs and materials to eligible providers; (J) determining how participation in adult education and literacy activities prepares eligible individuals for entry into postsecondary education and employment and, in the case of programs carried out in correctional institutions, has an effect on recidivism; and . (d) Integrated English literacy and civics education Subtitle D, as redesignated by section 201(f), is further amended by adding after section 243 the following new section: 244. Integrated English literacy and civics education (a) In general From funds made available under section 211(a)(1)(C) for each fiscal year, the Secretary shall award grants to States, from allotments under subsection (b), for integrated English literacy and civics education. (b) Allotment (1) In general Subject to paragraph (2), from amounts made available under section 211(a)(1)(C) for a fiscal year, the Secretary shall allocate— (A) 65 percent to the States on the basis of a State’s need for integrated English literacy and civics education, as determined by calculating each State’s share of a 10-year average of the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence for the 10 most recent years; and (B) 35 percent to the States on the basis of whether the State experienced growth, as measured by the average of the 3 most recent years for which the data of the Office of Immigration Statistics of the Department of Homeland Security for immigrants admitted for legal permanent residence are available. (2) Minimum No State shall receive an allotment under paragraph (1) in an amount that is less than $60,000. (c) Study To determine continued need Not later than 2 years after the date of the enactment of the Workforce Investment Act of 2012 and every 2 years thereafter, the Secretaries of Education, Labor, and Homeland Security shall submit a report to Congress about the English-language instruction needs of adult immigrants. It shall include changes in national, State and county-level approaches and requirements in English-language instruction; data on the composition of recent immigration flows and immigrant settlement patterns across States; and estimated instructional needs based on the English ability and educational attainment of recent immigrants from top immigrant-sending countries. Such study shall be commissioned by the Institute of Education Sciences, with its design conducted in collaboration with the Departments of Labor and Homeland Security. . III Amendments to the Wagner-Peyser Act 301. Employment service offices Section 1 of the Wagner-Peyser Act ( 29 U.S.C. 49 ) is amended by inserting service before offices . 302. Definitions Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is amended— (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (2) by inserting after paragraph (1) the following: (2) the term employment service office means a local office of a State agency; ; (3) in paragraph (3) (as so redesignated)— (A) by striking investment board each place it appears and inserting development board ; and (B) by striking of 1998 and inserting of 2011 ; (4) in paragraph (4) (as so redesignated)— (A) by striking 134(c) and inserting 221(e) ; and (B) by striking 1998 and inserting 2011 ; (5) in paragraph (5) (as so redesignated), by striking and at the end; (6) in paragraph (6) (as so redesignated), by striking the period and inserting ; and ; and (7) by adding at the end the following: (7) except in section 15, the term State agency , used without further description, means an agency designated or authorized under section 4; and (8) the term workplace learning advisor , has the meaning given the terms in section 101 of the Workforce Investment Act of 1998. . 303. Federal and State employment service offices (a) Coordination Section 3(a) of the Wagner-Peyser Act ( 29 U.S.C. 49b(a) ) is amended by striking services and inserting service offices . (b) Public labor exchange services system Section 3(c)(2) of the Wagner-Peyser Act ( 29 U.S.C. 49b(c)(2) ) is amended by inserting , and identify and disseminate information on best practices for such system before the semicolon. (c) One-Stop centers Section 3 of the Wagner-Peyser Act ( 29 U.S.C. 49b ) is amended by inserting after subsection (c) the following: (d) In order to improve service delivery, avoid duplication of services, and enhance coordination of services, the employment service offices in each State and the one-stop centers shall be collocated to the extent practicable. (e) The Secretary, in consultation with States, is authorized to assist the States in the development of national electronic tools that may be used to improve access to workforce information for individuals through— (1) the one-stop delivery systems established as described in section 121(e) of the Workforce Investment Act of 2012; and (2) such other delivery systems as the Secretary determines to be appropriate. . 304. Allotment of sums Section 6 of the Wagner-Peyser Act ( 29 U.S.C. 49e ) is amended— (1) in subsection (a)— (A) by striking From and inserting After making the reservation required by subsection (c), from ; and (B) by striking amounts appropriated pursuant to section 5 and inserting funds appropriated and (except for Guam) certified under section 5 and made available for allotments under this section ; and (2) in subsection (b)(1)— (A) in the matter preceding subparagraph (A)— (i) by inserting before the Secretary the following after making the allotments required by subsection (a), ; and (ii) by striking sums and all that follows through this Act and inserting funds described in subsection (a) ; (B) in each of subparagraphs (A) and (B), by striking sums and inserting remainder ; and (C) by adding at the end the following: For purposes of this paragraph, the term State does not include Guam or the Virgin Islands. . 305. Use of sums (a) Resources for unemployment insurance claimants Section 7(a)(3) of the Wagner-Peyser Act ( 29 U.S.C. 49f(a)(3) ) is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by inserting after subparagraph (F) the following: (G) providing unemployment insurance claimants and other unemployed individuals with referrals to, and application assistance for, training and education resources and programs, including Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ), educational assistance under chapter 30 of title 38, United States Code (commonly referred to as the Montgomery GI Bill), and chapter 33 of that title (Post-9/11 Veterans Educational Assistance), student assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), State student higher education assistance, and training and education programs provided under titles I and II of the Workforce Investment Act of 2012, and title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.). . (b) State activities Section 7(b) of the Wagner-Peyser Act (29 U.S.C. 49f(b)) is amended— (1) in paragraph (1), by striking performance standards established by the Secretary and inserting the performance accountability measures that are based on indicators described in section 136(b)(2)(A)(i) of the Workforce Investment Act of 2012 ; and (2) in paragraph (2), by inserting offices after employment service . (c) Providing additional funds Section 7(c)(2) of the Wagner-Peyser Act (29 U.S.C. 49f(c)(2)) is amended by striking 1998 and inserting 2011 . (d) Other services and activities Section 7(d) of the Wagner-Peyser Act (29 U.S.C. 49f(d)) is amended by striking 1998 and inserting 2011 . (e) Conforming amendment Section 7(e) of the Wagner-Peyser Act (29 U.S.C. 49f(e)) is amended by striking labor employment statistics and inserting labor market information . 306. State plan Section 8 of the Wagner-Peyser Act ( 29 U.S.C. 49g ) is amended to read as follows: 8. Any State desiring to receive assistance under section 6 shall prepare and submit to, and have approved by, the Secretary and the Secretary of Education, a State plan in accordance with section 112 or 113 of the Workforce Investment Act of 2011. . 307. Performance accountability measures Section 13(a) of the Wagner-Peyser Act (29 U.S.C. 49l(a)) is amended to read as follows: (a) The activities carried out pursuant to section 7 shall be subject to the performance accountability measures that are based on indicators described in section 136(b)(2)(A)(i) of the Workforce Investment Act of 2011. . 308. Pilot projects The Wagner-Peyser Act is amended by inserting after section 13 ( 29 U.S.C. 49l ) the following: 13A. Pilot projects (a) Grants From funds appropriated under subsection (f), the Secretary, in consultation with the Secretary of Education, shall establish and carry out a pilot program. In carrying out the program, the Secretary shall annually make grants, on a competitive basis, to State agencies to cooperate in the administration of this Act by carrying out pilot projects that enhance the professional development and provision of services by the staff of such State agencies. (b) Use of funds Funds made available under this section may be used to enable a State agency to— (1) make available a broad range of career guidance services, including career planning, aptitude and interest assessments, provision of labor market information, job placement services, and evaluations of the outcomes for recipients of such services; (2) strengthen the capacity of the State agency to identify job openings through the use of technology, and through intensive outreach to small- and medium-size employers while using and enhancing the business and employer services authorized under this Act; (3) provide professional development and career advancement opportunities for staff of a State agency in order to upgrade their skills and competencies in the provision of career development activities, employer outreach, job placement, and other services authorized under this Act, including upgrading those skills and competencies through the training of such staff to improve their knowledge of, and ability to effectively interact with, staff and programs of one-stop partners and other entities administering workforce development programs; (4) identify and implement strategies for State agency staff to provide technical assistance and training to assist other providers of workforce development activities, including workplace learning advisors, in providing counseling and employment-related services to workers and job seekers, and employers; and (5) identify and implement new strategies for integrating counseling and technology to enhance the provision of employment-related services under this Act. (c) Applications A State agency that seeks 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. (d) Priority In awarding grants under this section, the Secretary, in consultation with the Secretary of Education, shall— (1) give priority to a State agency that— (A) demonstrates participation by employees of the agency and their organized representatives in the planning of the proposed pilot project; (B) demonstrates participation by the employees, or provides an assurance that the employees will participate, in the implementation of the pilot project; and (C) demonstrates that the State agency has established a partnership, or provides an assurance that the agency will establish a partnership, with a relevant professional organization, or with an institution of higher education; and (2) ensure geographic diversity and diversity with respect to the population density of the States in which projects under this section will be carried out. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2017. . 309. Labor market information system (a) Heading The section heading for section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking Employment statistics and inserting labor market information system . (b) Name of system Section 15(a)(1) of the Wagner-Peyser Act (29 U.S.C. 49l–2(a)(1)) is amended by striking employment statistics system of employment statistics and inserting labor market information system . (c) System responsibilities Section 15(b) of the Wagner-Peyser Act (29 U.S.C. 49l–2(b)) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general (A) Structure The labor market information system described in subsection (a) shall be evaluated and improved by the Secretary, in consultation with the Workforce Information Advisory Council established in subsection (d). (B) Grants and responsibilities (i) In general The Secretary shall carry out the provisions of this section in a timely manner, through grants to or agreements with States. (ii) Distribution of funds Using amounts appropriated under subsection (g), the Secretary shall provide funds through those grants and agreements. In distributing the funds (relating to labor market information funding) for fiscal years 2013 through 2017, the Secretary shall continue to distribute the funds to States in the manner in which the Secretary distributed funds to the States under this section for fiscal years 2004 through 2008. ; and (2) by striking paragraph (2) and inserting the following: (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the labor market information system described in subsection (a) to ensure that the statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions, and that the information is accessible and understandable to users of such data. (B) Actively seek the cooperation of heads of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Solicit, receive, and evaluate the recommendations from the Workforce Information Advisory Council established in subsection (d) concerning the evaluation and improvement of the labor market information system described in subsection (a) and respond in writing to the Council regarding the recommendations. (D) Through the Bureau of Labor Statistics and the Employment and Training Administration, and in collaboration with States, develop and maintain the elements of the labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; and (ii) paperwork and reporting for the system are reduced to a minimum. . (d) Two-Year plan Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking subsection (c) and inserting the following: (c) Two-Year plan The Secretary, acting through the Commissioner of Labor Statistics and the Assistant Secretary for Employment and Training, and in consultation with the Workforce Information Advisory Council described in subsection (d) and heads of other appropriate Federal agencies, shall prepare a 2-year plan for the labor market information system. The plan shall be developed and implemented in a manner that takes into account the activities described in State plans submitted by States under section 112 or 113 of the Workforce Investment Act of 2012 and shall be submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. The plan shall include— (1) a description of how the Secretary will work with the States to manage the nationwide labor market information system described in subsection (a) and the statewide workforce and labor market information systems that comprise the nationwide system; (2) a description of the steps to be taken in the following 2 years to carry out the duties described in subsection (b)(2); (3) an evaluation of the performance of the system, with particular attention to the improvements needed at the State and local levels; (4) a description of the involvement of States in the development of the plan, through consultation by the Secretary with the Workforce Information Advisory Council in accordance with subsection (d); and (5) a description of the written recommendations received from the Workforce Information Advisory Council established under subsection (d), and the extent to which those recommendations were incorporated into the plan. . (e) Workforce information advisory council Section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) is amended by striking subsection (d) and inserting the following: (d) Workforce information advisory council (1) In general The Secretary, through the Commissioner of Labor Statistics and the Assistant Secretary of Labor for Employment and Training, shall formally consult at least twice annually with the Workforce Information Advisory Council established in accordance with paragraph (2). Such consultations shall address the evaluation and improvement of the nationwide labor market information system described in subsection (a) and the statewide labor market information systems that comprise the nationwide system and how the Department of Labor and the States will cooperate in the management of such systems. The Council shall provide written recommendations to the Secretary concerning the evaluation and improvement of the nationwide system, including any recommendations regarding the 2-year plan described in subsection (c). (2) Establishment of council (A) Establishment The Secretary shall establish an advisory council that shall be known as the Workforce Information Advisory Council (referred to in this section as the Council ) to participate in the consultations and provide the recommendations described in paragraph (1). (B) Membership The Secretary shall appoint the members of the Council, which shall consist of— (i) 4 members who are representatives of lead State agencies with responsibility for workforce investment activities, or State agencies described in section 4, who have been nominated by such agencies or by a national organization that represents such agencies; (ii) 4 members who are representatives of the State labor market information directors affiliated with the State agencies that perform the duties described in subsection (e)(2), who have been nominated by the directors; (iii) 1 member who is a representative of providers of training services under section 122 of the Workforce Investment Act of 2012; (iv) 1 member who is a representative of economic development entities; (v) 1 member who is a representative of businesses, who has been nominated by national business organizations or trade associations; (vi) 1 member who is a representative of labor organizations, who has been nominated by a national labor federation; (vii) 1 member who is a representative of local workforce investment boards, who has been nominated by a national organization representing such boards; and (viii) 1 member who is a representative of research entities that utilize labor market information. (C) Geographic diversity The Secretary shall ensure that the membership of the Council is geographically diverse and that no 2 of the members appointed under clauses (i), (ii), and (vii) represent the same State. (D) Period of appointment; vacancies (i) In general Each member of the Council shall be appointed for a term of 3 years, except that the initial terms for members may be 1, 2, or 3 years in order to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms. (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. (E) Travel expenses The members of the Council shall not receive compensation for the performance of services for the Council, but 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 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council. . (f) State responsibilities Section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)) is amended— (1) by striking employment statistics each place it appears and inserting labor market information ; (2) in paragraph (1)(A) by striking annual plan and inserting plan described in subsection (c) ; and (3) in paragraph (2)— (A) in subparagraph (G), by inserting and at the end; (B) by striking subparagraph (H); (C) in subparagraph (I), by striking section 136(f)(2) of the Workforce Investment Act of 1998 and inserting section 131(i)(2) of the Workforce Investment Act of 2012 ; and (D) by redesignating subparagraph (I) as subparagraph (H). (g) Authorization of appropriations Section 15(g) of the Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is amended by striking 1999 through 2004 and inserting 2013 through 2017 . IV Amendments to the Rehabilitation Act of 1973 A Introductory Provisions 401. References Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the amendment or repeal shall be considered to be made to a provision of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 402. Findings, purpose, policy (a) Findings Section 2(a) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) (A) a high proportion of students are leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary education; and (B) there is a substantial need to support such students as they transition from school to postsecondary life. . (b) Purpose Section 2(b) ( 29 U.S.C. 701(b) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking with disabilities and all that follows through economic and inserting with disabilities, including individuals with the most significant disabilities, to maximize opportunities for competitive integrated employment and to achieve economic ; and (B) at the end of subparagraph (F), by striking and ; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (3) to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful involvement by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies; and (4) to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) and receiving accommodations and supports consistent with section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ) are either continuing their education or employed in competitive integrated employment. . 403. Rehabilitation Services Administration Section 3 ( 29 U.S.C. 702 ) is amended— (1) in subsection (a)— (A) in the first sentence, by striking Office of the Secretary and inserting Office of Special Education and Rehabilitative Services ; (B) in the second sentence, by striking IV and V and inserting IV, V, VII, and VIII ; and (C) by striking the last 3 sentences and inserting The functions of the Commissioner shall not be delegated to any officer, unless the officer is directly responsible to the Assistant Secretary for Special Education and Rehabilitative Services. ; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: (b) The Secretary shall ensure that— (1) the Rehabilitation Services Administration provides oversight of, conducts monitoring of, and provides technical assistance to, the designated State agencies funded under this Act; and (2) the staff providing such oversight, monitoring, and technical assistance includes individuals who have training in and experience with the programs administered by the Rehabilitation Services Administration. ; and (4) in subsection (c), as redesignated by paragraph (2), by striking for the programs and all that follows and insert in a manner that is consistent with the purposes of the program for which the funds are appropriated and of this Act, as enumerated in section 2(b) . 404. Definitions Section 7 ( 29 U.S.C. 705 ) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting after means the following: an assessment that presumes the attainment of an employment outcome for all individuals with disabilities (including individuals with significant disabilities and individuals with the most significant disabilities), and that relies on ; and (B) in subparagraph (B)— (i) in clause (iii), by striking and at the end; (ii) in clause (iv), by striking the semicolon and inserting ; and ; and (iii) by adding at the end the following: (v) to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings; ; (2) in paragraph (5)— (A) in the matter preceding subparagraph (A), by striking for employment, including career advancement and inserting for competitive integrated employment and for career advancement, including ; (B) by redesignating subparagraphs (O) through (Q) as subparagraphs (P) through (R); (C) by inserting after subparagraph (N) the following: (O) customized employment services; ; and (D) in subparagraph (R), as redesignated by subparagraph (B) of this paragraph, by striking (P) and inserting (Q) ; (3) by redesignating paragraphs (6) as paragraph (7) and inserting after paragraph (5) the following new paragraph: (6) Competitive integrated employment (A) In general The term competitive integrated employment means work by an employee who is an individual with a disability— (i) that is compensated at a rate that— (I) is the same rate as the rate for other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and (II) shall be in accordance with the applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law; (ii) for which the employee receives health and employment benefits comparable to those of other employees; (iii) that is at a location typically found in the community where the employee interacts frequently with other employees and individuals who are not individuals with disabilities to the same extent that non-disabled employees in comparable positions interact with others; and (iv) that provides opportunities for advancement that are equivalent to those for other employees who are not individuals with disabilities and who have comparable positions. (B) Inclusion of customized or supported employment The term competitive integrated employment includes integrated employment resulting from the provision of customized employment strategies or supported employment services, provided the work involved satisfies the criteria described in subparagraph (A). (C) Inclusion of Self-Employment or Micro-enterprises The term competitive integrated employment includes self-employment or micro-enterprises, as long as the work involved satisfies the criteria described in subparagraph (A). ; (4) by redesignating paragraphs (8) through (28) as paragraphs (9) through (29), respectively, and inserting after paragraph (7) the following: (8) Customized employment The term customized employment means an employment outcome in competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as— (A) job exploration by the individual; and (B) working with an employer to facilitate placement, including— (i) customizing a job description based on current employer needs or on previously unidentified and unmet employer needs; (ii) developing a set of job duties (including a work schedule) and specifics of supervision (including performance evaluation and review), and determining job location; (iii) representation by a professional chosen by the individual, or self-representation by the individual, in working with an employer to facilitate placement; and (iv) providing services and supports at the job location. ; (5) in paragraph (12) (as so redesignated)— (A) in subparagraph (A), by striking competitive employment in the integrated labor market and inserting competitive integrated employment ; and (B) in subparagraph (C), by inserting customized employment, after outcome of ; (6) in paragraph (18) (as so redesignated)— (A) by striking the and at the end of subparagraph (C); (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (E) transition and prevention services that— (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the required supports and services; (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and (iii) facilitate the transition of youth (including students) who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed their secondary education or otherwise left school, to postsecondary life, including employment; and (F) services to promote full access to community life. ; (7) in paragraph (21)(B), by striking and VII and inserting VII, and VIII ; (8) by redesignating paragraphs (29) through (34) as paragraphs (32) through (37), respectively; (9) by inserting after paragraph (29) the following: (30) Post-employment service The term post-employment service means a service identified under section 103(a) that is— (A) provided subsequent to the achievement of an employment outcome; and (B) necessary for an individual to maintain or regain an employment outcome in competitive integrated employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. (31) Pre-employment transition services (A) In general The term pre-employment transition services means a coordinated set activities for an eligible student with a disability, designed within an outcome-oriented process, that promotes movement from school to any of the following post-school activities: postsecondary education, vocational training, competitive integrated employment (including supported employment), adult education, adult services, independent living, or community participation. (B) Specific services The term pre-employment transition services means a set of services, that is available to students with disabilities, and that makes available, at a minimum— (i) career counseling; (ii) work-based learning experience, including in-school and after school work experience, or work experience outside the traditional school setting (such as experience through job training or internships), that is provided in an integrated environment to the maximum extent possible; (iii) counseling on opportunities for enrollment in a comprehensive transition or postsecondary educational program at an institution of higher education; (iv) school-based preparatory employment experiences such as role playing, social skills development, and independent living training, coordinated with any transition services provided by the local educational agency under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); and (v) training in self-advocacy, individual rights, self-determination skills, and the informed consent process, as well as peer mentoring. (C) Coordinated set of activities For purposes of subparagraph (A), the coordinated set of activities shall be based on the individual student’s needs, taking into account the student’s preferences and interests, and shall include education and training, community experiences, the development of employment and other adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. ; (10) by redesignating paragraphs (35) through (39) as paragraphs (39) through (43), respectively, and inserting after paragraph (37) (as so redesignated) the following: (38) Student with a disability (A) In general The term student with a disability means an individual with a disability who— (i) attends a secondary school; (ii) (I) is not younger than the earliest age for the provision of transition services under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ); and (II) (aa) is not older than 21 years of age; or (bb) if the State law for the State provides for a higher maximum age for receipt of services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), is not older than that maximum age; and (iii) (I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or (II) is an individual with a disability, for purposes of section 504. ; (11) by striking paragraphs (38) and (39), as redesignated by paragraph (12), and inserting the following: (38) Supported employment The term supported employment means an employment outcome in competitive integrated employment, including customized employment, that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals involved, for individuals with the most significant disabilities— (A) (i) for whom competitive integrated employment has not historically occurred; or (ii) for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability; (B) who, because of the nature and severity of their disability— (i) need intensive supported employment services for the period described in paragraph (39); and (ii) need extended services described in paragraph (13) in order to continue to perform in such work beyond the period described in paragraph (39); and (C) to the extent that on-going extended services, as described in paragraph (13) of this section, are needed, the designated State unit will assist the individual in identifying providers of those services. (39) Supported employment services The term supported employment services means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in an employment, outcome that— (A) are provided singly or in combination and organized and made available in such a way as to assist an eligible individual to succeed in competitive integrated employment; (B) are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and (C) are provided by the designated State unit for a period of not more than 24 months, except that the period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment. ; and (12) by inserting after paragraph (43) (as so redesignated) the following: (44) Youth with a disability The term youth with a disability means an individual with a disability who— (A) is not younger than 14 years of age; and (B) is not older than 24 years of age. . 405. Administration of the Act Section 12(a)(1) ( 29 U.S.C. 709 ) is amended— (1) by striking (1) and inserting (1)(A) ; and (2) by adding at the end the following: (B) provide technical assistance to the designated State units on developing successful partnerships with local and multi-State businesses to increase the employment of individuals with disabilities; and (C) provide technical assistance to providers and organizations on developing self-employment opportunities and outcomes for individuals with disabilities. . 406. Reports Section 13 ( 29 U.S.C. 710 ) is amended— (1) in section (c)— (A) by striking (c) and inserting (c)(1) ; and (B) by adding at the end the following: (2) The ILA Director described in section 701A shall include, in the annual report, information on the extent to which centers for independent living receiving funds under part C of title VII have complied with the standards and assurances set forth in section 725. The ILA Director may identify individual centers for independent living in the analysis contained in that information. The ILA Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under part C of title VII. ; and (2) by adding at the end the following: (d) (1) (A) The Commissioner shall ensure that the reports, information, and data described in subparagraph (B) are made publicly available in a timely and accessible manner, including through electronic means, in order to inform the public about the administration and performance of programs in each State under this Act. (B) The reports, information, and data referred to in subparagraph (A) shall consist of— (i) reports submitted by a designated State agency or designated State unit under this Act; (ii) accountability information, including State performance information relating to evaluation standards and performance indicators, and additional performance accountability indicators, under section 106, including information on compliance with such standards, indicators, and measures, relating to individuals with disabilities, submitted by a designated State agency or designated State unit under this Act, or submitted by a State to the Secretary of Labor or the Secretary of Education under section 136 of the Workforce Investment Act of 1998; (iii) data collected from each designated State unit under this Act; and (iv) reports from monitoring conducted under this Act, including relevant reports required under section 136 of the Workforce Investment Act of 1998 and other relevant reports, information, and data required under title I of such Act. (C) (i) The Commissioner shall ensure that the information described in clause (ii) is made publicly available in a timely and accessible manner, including through electronic means. (ii) The information referred to in clause (i) is— (I) the reports, information, and data required to be submitted by designated State units or designated State agencies under this Act; (II) evaluations, studies, and audits conducted by Federal agencies, concerning programs carried out under this Act; and (III) a list that specifies the designated State unit or designated State agency for each State, including a link to the website maintained by each such unit or agency. (2) The Commissioner shall maintain public use read-only access to the State and aggregated reports, and analyzed data, concerning programs carried out under this Act, that are filed and maintained in the Rehabilitation Services Administration management information system or a system maintained by the Department of Education. . 407. Evaluation Section 14(f)(2) ( 29 U.S.C. 711(f)(2) ) is amended by striking nonintegrated to integrated employment and inserting nonintegrated to competitive integrated employment . 408. Carryover Section 19 ( 29 U.S.C. 716 ) is amended— (1) in subsection (a), by striking part B of title I and all that follows through including and inserting part B of title I (except the client assistance program funded under section 112), part B of title VI, or chapter 2 and 4 of title VII including ; and (2) by adding at the end the following: (c) Client assistance program; protection and advocacy of individual rights (1) Appropriated amounts Notwithstanding any other provision of law, any funds appropriated for a fiscal year to carry out a grant program under section 112 or 509 (except as provided in section 509(b)), including any funds reallotted during that fiscal year under such grant program, that are not obligated and expended by a recipient prior to the beginning of the succeeding fiscal year, shall remain available for obligation and expenditure by such recipient during such succeeding fiscal year. (2) Program income Notwithstanding any other provision of law, any amount of program income received by a recipient under a grant program under section 112 or 509 in a fiscal year that is not obligated and expended by the recipient prior to the beginning of the succeeding fiscal year, shall remain available until expended. . 409. Traditionally underserved populations Section 21 ( 29 U.S.C. 718 ) is amended in subsection (a), by striking paragraphs (1) and (2) and inserting the following: (1) Racial profile The demographic profile of the United States is changing at an unprecedented rate, with the population of the Nation becoming far more ethnically diverse than in the past. Within the United States, while the rate of increase from 2000 to 2010 for White Americans was 7.9 percent, the rate of increase during that period for racial and ethnic minorities was much higher: 42.0 percent for Latinos, 11.4 percent for African-Americans, and 34.9 percent for Asian-Americans. (2) Rate of disability Ethnic and racial minorities tend to have disabling conditions at a disproportionately high rate. In 2005— (A) among Americans ages 25 through 64, the rate of disability was 17.3 percent; (B) among African-Americans in that age range, the disability rate was more than twice as high, at 21.3 percent; and (C) for American Indians in the same age range, the disability rate was 25.6 percent of the general population. . B Vocational rehabilitation services 411. Declaration of policy; authorization of appropriations (a) Findings; purpose; policy Section 100(a) ( 29 U.S.C. 720(a) ) is amended— (1) in paragraph (1)(C), by striking gainful employment in integrated settings and inserting gainful employment in competitive integrated employment settings ; (2) in paragraph (2)(B), by striking gainful employment and inserting high quality employment that will increase opportunities for economic self-sufficiency ; and (3) in paragraph (3)— (A) in subparagraph (B), by striking gainful employment in integrated settings and inserting competitive integrated employment ; (B) in subparagraph (C)(ii), by striking for the individuals ; and (C) in subparagraph (E), by inserting should before facilitate . (b) Authorization of appropriations Section 100(b)(1) ( 29 U.S.C. 720(b)(1) ) is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . 412. State plans (a) Plan requirements Section 101(a) ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking to participate and all that follows and inserting to receive funds under this title for a fiscal year, a State shall submit, and have approved by the Secretary and the Secretary of Labor a State plan in accordance with section 112, or a State unified plan in accordance with section 113. The State plan or State unified plan shall include the provisions of a State plan for vocational rehabilitation services, described in this subsection. ; (B) in subparagraph (B)— (i) by striking in the State plan for vocational rehabilitation services, and inserting as part of the vocational rehabilitation services portion of the State plan or State unified plan submitted in accordance with subparagraph (A), ; and (ii) by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Investment Act of 2012 ; and (C) in subparagraph (C)— (i) by striking The State plan shall remain in effect subject to the submission of such modifications and inserting The vocational rehabilitation services portion of the State plan or State unified plan submitted in accordance with subparagraph (A) shall remain in effect until the State is required to submit the plan in accordance with subparagraph (A) or until the submission of such modifications ; and (ii) by striking , until the State submits and receives approval of a new State plan ; (2) in paragraph (2)— (A) in subparagraph (A), by striking The State plan and inserting The State plan for vocational rehabilitation services ; and (B) in subparagraph (B)(ii)— (i) in subclause (III), by striking and at the end; (ii) in subclause (IV), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (V) (aa) has the authority and responsibility within the State to ensure that the funds appropriated under this title are expended only in a manner that is consistent with the purposes of this title; and (bb) the authority and responsibility described in subparagraph (aa) may not be delegated to or performed by another agency, including the designated State agency for the vocational rehabilitation program, and or individual. ; (3) in paragraph (5)— (A) in subparagraph (C), by striking and at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) notwithstanding subparagraph (C), assure that the designated State unit may give priority for the provision of services to those eligible individuals who require specific services or equipment in accordance with an approved individualized plan for employment to maintain an employment outcome under the vocational rehabilitation program; and ; (4) in paragraph (6)(B), by striking to employ and advance in employment and inserting to recruit, employ, and advance in competitive integrated employment ; (5) in paragraph (7)(A)(v)— (A) by striking subclause (I) and inserting the following: (I) a system for the continuing education of rehabilitation professionals and paraprofessionals within the designated State unit, particularly with respect to rehabilitation technology, including training implemented in coordination with entities carrying out State programs under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ); and ; (6) in paragraph (8)— (A) in subparagraph (A), by striking (5)(D) and inserting (5)(E) ; (B) in subparagraph (B)— (i) in the matter preceding clause (i) by striking (5)(D) and inserting (5)(E) ; and (ii) in clause (iv), by striking (5)(D) and inserting (5)(E) ; and (C) in subparagraph (C)(i), by striking (5)(D) and inserting (5)(E) ; (7) in paragraph (10)— (A) in subparagraph (B), by striking annual and all that follows through of 1998 and inserting annual reporting of information, on eligible individuals receiving the services, that is necessary to assess the State's performance on those primary indicators of performance (described in section 136(b)(2)(A) of the Workforce Investment Act of 2012) ; (B) in subparagraph (C)— (i) in the matter preceding clause (i), by inserting , from each individual State, after additional data ; (ii) in clause (i)(II), by striking determined and all that follows and inserting determined to be ineligible for vocational rehabilitation services, and the reason for such determination of ineligibility (disaggregated by type of disability, and age); ; (iii) in clause (ii)— (I) in subclause (I), by striking (5)(D) and inserting (5)(E) ; (II) in subclause (II), by striking and at the end; and (III) by adding at the end the following: (IV) the total number of individuals with ongoing open cases (disaggregated by individuals who are in training settings, and individuals who are in postsecondary education), and the services individuals described in this subclause are receiving; (V) the total number of students with disabilities that are receiving pre-employment transition services, and the total cost for providing those services for each full fiscal year after the date of enactment of the Workforce Investment Act of 2012; (VI) the total number of students with disabilities that are receiving transition services, and the total cost for providing those services for each full fiscal year after the date of enactment of the Workforce Investment Act of 2012; (VII) the number of individuals referred to one-stop centers, as defined in section 134(c) of the Workforce Investment Act of 1998; and (VIII) the number of individuals referred from such one-stop centers to designated State units and the outcomes of such referrals; ; (iv) by striking all of clause (iii) and inserting the following: (iii) the number of applicants and eligible recipients, including the numbers of individuals with significant disabilities, who exited the program carried out under this title and the number who achieved employment outcomes after receiving vocational rehabilitation services, including— (I) the number of youth with disabilities who— (aa) entered postsecondary education and the earnings of such youth who completed postsecondary education, by academic fields; (bb) attained academic levels and job skills needed for employment, such as a high school diploma, certificate, or other educational credential required for the employment outcome specified in the individual’s individualized plan for employment; (cc) entered postsecondary training or programs for apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ); and (dd) the number of youth with disabilities who entered employment; (II) for individuals who obtained an employment outcome with wages— (aa) the average length of time for obtaining employment; (bb) the average earnings of individuals who obtained an employment outcome; (cc) the number who earned the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or another wage level set by the Commissioner, during such employment; and (dd) the number who received employment benefits from an employer during such employment; (III) a comparison, among individuals who obtained employment, of the number of individuals who no longer used public benefits; and (IV) for those individuals who received supported employment services— (aa) the number of individuals who were employed 6 months after receiving such services; (bb) the number of individuals who were employed 12 months after receiving such services; and (cc) the number of individuals who earned wages at not less than the minimum wage rate determined under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) during their employment; and ; and (v) by striking clause (iv) and inserting the following: (iv) (I) the transition from school to postsecondary life, including employment, and achievement of the postsecondary vocational goals, of students with disabilities served under the program carried out under this title; and (II) the provision of supported employment services; and ; (C) in subparagraph (E)(ii), by striking of the State and all that follows and inserting of the State in meeting the standards and indicators established pursuant to section 106. ; and (D) by adding at the end the following: (G) Rules for reporting of data The disaggregation of data under this section shall not be required within a category if the number of participants in a category is insufficient to yield statistically reliable information, or required if the results would reveal personally identifiable information about an individual participant. (H) Comprehensive report The State plan shall specify that the Commissioner will provide an annual comprehensive report that includes the reports and data required under this section, as well as a summary of the reports and data, for each fiscal year. The Commissioner shall submit the report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 180 days after the end of the fiscal year involved. ; (8) in paragraph (11)— (A) in subparagraph (A)(i)(II), by inserting (including programmatic accessibility and physical accessibility) after program accessibility ; (B) in subparagraph (C)— (i) by inserting the State programs carried out under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ), after including ; (ii) by inserting noneducational agencies serving out-of-school youth, after Agriculture ; and (iii) by striking such agencies and programs and inserting such Federal, State, and local agencies and programs ; (C) in subparagraph (D)— (i) in clause (ii), by striking completion and inserting implementation ; (ii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (iii) by inserting after clause (ii) the following: (iii) identifying options for additional education and training, in order to facilitate the provision of services for youth with disabilities, including transition services for students with disabilities, such as services provided under section 114; ; (D) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (H), respectively; (E) by inserting after subparagraph (D) the following: (E) Coordination with employers The State plan shall contain plans, policies, and procedures for coordination between the designated State units, State workforce investment boards, local workforce investment boards, and employers that provide for building relationships with employers and identifying community-based competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of transition services for youth with disabilities and students with disabilities, such as services provided under section 114; ; (F) in subparagraph (F), as redesignated by subparagraph (E) of this paragraph— (i) by inserting chapter 1 of after part C of ; and (ii) by inserting , as appropriate before the period; (G) by inserting after subparagraph (F), as redesignated by subparagraph (E) of this paragraph, the following: (G) Cooperative agreement regarding individuals eligible for home and community-based waiver programs The State plan shall include an assurance that the designated State unit has entered into a formal cooperative agreement with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) and the State designated agency described in section 125(d) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ) with respect to the delivery of vocational rehabilitation services, including extended services, for individuals with the most significant disabilities who have been determined to be eligible for home- and community-based services under a Medicaid waiver, Medicaid State plan amendment, or other authority related to a State Medicaid program. The agreement shall describe strategies for collaboration and coordination in providing vocational rehabilitation services to such individuals receiving Medicaid home- and community-based services in a manner consistent with the person-centered planning process required by Medicaid. ; (H) in subparagraph (H), as redesignated by subparagraph (E) of this paragraph— (i) in clause (ii)— (I) by inserting on or before near ; and (II) by striking and at the end; (ii) by redesignating clause (iii) as clause (iv); and (iii) by inserting after clause (ii) the following: (iii) strategies for the provision of transition planning, by personnel of the designated State unit, the State educational agency, and the recipient of funds under part C, that will facilitate the development and implementation of the individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)) and, as appropriate, the development and completion of the individualized plans for employment under section 102, in order to enable students with disabilities to achieve employment outcomes; ; and (I) by adding at the end the following: (I) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the State under section 4 of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003 ), have developed working relationships and will enter into agreements for the coordination of their activities, including the referral of individuals with disabilities to programs and activities described in that section. (J) Coordination with ticket to work and self-sufficiency program The State plan shall include an assurance that the designated State unit will coordinate activities with any other State agency that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (42 U.S.C. 1320b–19). ; (9) in paragraph (14)— (A) in the paragraph header, by striking Annual and inserting Semiannual ; (B) in subparagraph (A)— (i) by striking annual and inserting semiannual ; (ii) by striking (and thereafter and all that follows through representative) and inserting , and annually thereafter ; and (iii) by striking to competitive and all that follows and inserting the following: to competitive integrated employment or training for competitive integrated employment; ; (C) in subparagraph (B), by striking and at the end; (D) in subparagraph (C), by striking the individuals described and all that follows and inserting individuals in attaining competitive integrated employment; and ; and (E) by adding at the end the following: (D) an assurance that the State will report the information generated under subparagraphs (A), (B), and (C), for each of the individuals, to the Administrator of the Wage and Hour Division of the Department of Labor for each fiscal year, not later than 60 days after the end of the fiscal year. ; (10) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; and (II) by adding at the end the following: (IV) individuals with disabilities receiving Medicaid home- and community-based waiver habilitation services (reference), including pre-vocational and supported employment services; and (V) youth with disabilities, and students with disabilities, including their need for pre-employment transition services described in section 114 or other transition services; and ; and (ii) by striking clauses (ii) and (iii) and inserting the following: (ii) include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services provided under this Act, and coordinated with transition services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), and an assessment as to whether the transition and pre-employment transition services provided under those Acts meet the needs of individuals with disabilities. ; (B) in subparagraph (B)— (i) by redesignating clause (iii) as clause (iv); and (ii) by inserting after clause (ii) the following: (iii) the number of individuals who are eligible for services under this title, but are not receiving such services due to an order of selection; and ; and (C) in subparagraph (D)— (i) by redesignating clauses (iii) through (v) as clauses (iv) through (vi); and (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to postsecondary life (including the receipt of vocational rehabilitation services under this title, postsecondary education, employment, and pre-employment transition services under section 114); ; (11) in paragraph (20)— (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: (B) Information on assistance for beneficiaries of assistance under title II or XVI of the Social Security Act The State plan shall include an assurance that the designated State unit will make available, to individuals entitled to benefits under title II or XVI of the Social Security Act ( 42 U.S.C. 401 et seq. , 1381 et seq.) on the basis of a disability or blindness— (i) information on the availability of benefits and medical assistance authorized under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), and medical assistance authorized under other federally funded programs; (ii) information on the availability of assistance through benefits planning and assistance programs authorized under section 1149 of the Social Security Act (42 U.S.C. 1320b–20) and services provided by the State protection and advocacy system and authorized under section 1150 of the Social Security Act ( 42 U.S.C. 1320b–21 ); and (iii) in the case of individuals who are also eligible for a ticket under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ), general information regarding the options for using the ticket and information on how to contact a program manager of the Ticket to Work and Self-Sufficiency Program to obtain information on approved employment networks, on providers for the benefits planning and assistance programs described in clause (ii) in the State, and on the services provided by the State protection and advocacy system and described in clause (ii). ; and (12) by adding at the end the following: (25) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that, with respect to students with disabilities, the State— (A) has developed and will implement— (i) strategies to address the needs identified in the assessments described in paragraph (15); and (ii) strategies to achieve the goals and priorities identified by the State, in accordance with paragraph (15), to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis; and (B) has developed and will implement a plan to carry out the provision of pre-employment transition services in accordance with section 114. (26) Job growth and development The State plan shall provide an assurance describing how the State will utilize initiatives involving in-demand industry sectors or occupations as defined in section 101 of the Workforce Investment Act of 2012 to increase competitive integrated employment opportunities for individuals with disabilities. . (b) Approval Section 101(b) ( 29 U.S.C. 721(b) ) is amended to read as follows: (b) Submission; approval; modification The State plan for vocational rehabilitation services shall be subject to— (1) section 112 of the Workforce Investment Act of 1998, in a case in which that plan is a portion of the State plan described in that section 112; and (2) section 113 of such Act in a case in which that State plan for vocational rehabilitation services is a portion of the State unified plan described in that section 113. . (c) Construction Section 101 ( 29 U.S.C. 721 ) is amended by adding at the end the following: (c) Construction Nothing in this part shall be construed to reduce the obligation of a local educational agency or any other agency to provide or pay for any transition services that are allowable under the programs of the respective agencies. . 413. Eligibility and individualized plan for employment (a) Eligibility Section 102(a) ( 29 U.S.C. 722(a) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) in the subparagraph header, by striking Demonstration and inserting Applicants ; and (ii) by striking , unless and all that follows and inserting a period; and (B) in subparagraph (B)— (i) in the subparagraph header, by striking Methods and inserting Responsibilities ; (ii) in the first sentence— (I) by striking In making the demonstration required under subparagraph (A), and inserting Prior to determining under this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the individual's disability or that the individual is ineligible for vocational rehabilitation services, ; and (II) by striking , except under and all that follows and inserting a period; and (iii) in the second sentence, by striking individual or to determine and all that follows and inserting individual. In providing the trial experiences, the designated State unit shall provide the individual with the opportunity to try different employment experiences, including supported employment, and the opportunity to become employed in competitive integrated employment. ; (2) in paragraph (3)(A)(ii), by striking outcome from and all that follows and inserting outcome, including supported employment, from vocational rehabilitation services due to the current (as of the date of the determination) severity of the disability of the individual. ; (3) in paragraph (5)— (A) in the matter preceding subparagraph (A)— (i) by striking If an individual and inserting If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in section 7(2)(A)(ii), an individual ; and (ii) by striking is determined and all that follows through not to be and inserting is determined not to be ; (B) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; (C) by inserting before subparagraph (B) the following: (A) the ineligibility determination shall be an individualized one, based on the available data, and shall not be based on disability category; ; and (D) in clause (i) of subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by inserting after determination the following: , including clear and convincing evidence that forms the basis for the determination of ineligibility ; and (4) in paragraph (6), by striking 60 days each place it appears and inserting 45 days . (b) Development of an individualized plan for employment, and related information Section 102(b) ( 29 U.S.C. 722(b) )— (1) in paragraph (1)— (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), and (D), and (E), respectively; and (B) by inserting after subparagraph (A) the following: (B) information on the availability of assistance from consumer organizations, as defined in section 106(a)(4) (including a listing of such organizations) that can assist an individual in the development of an individualized plan for employment; ; (2) in paragraph (3), as redesignated by paragraph (2) of this subsection— (A) in subparagraph (E)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) amended, as necessary, to include the post-employment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. ; and (B) by adding at the end the following: (F) Timeframe for completing the individualized plan for employment The individualized plan for employment shall be developed as soon as possible, but not later than a deadline of 90 days after the date of the determination of eligibility described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed. (G) Failure to develop the individualized plan for employment within the specified timeframe In the event the individualized plan for employment is not completed by the deadline or extended deadline, as appropriate, under subparagraph (F), the eligible individual shall have the right to request both mediation and an impartial due process hearing according to the procedures described in subsection (c). At such hearing, the hearing officer shall have the authority to order the designated State unit to complete the individualized plan for employment within a specific period of time, not to exceed 60 days from the date of the decision, in addition to any other authority given to the officer under this section. ; and (3) in paragraph (3)— (A) in subparagraph (A), by striking choice of the and all that follows and inserting choice of the eligible individual, consistent with the employment outcome of competitive integrated employment (except that in the case of an eligible individual who is a student, the description may be a description of the student's projected employment outcome); ; (B) in subparagraph (B)(i)— (i) by redesignating subclause (II) as subclause (III); and (ii) by striking subclause (I) and inserting the following: (I) needed to achieve the employment outcome, including, as appropriate— (aa) the provision of assistive technology devices and assistive technology services (including referrals described in section 103(a)(3) to the device reutilization programs and demonstrations described in subparagraphs (B) and (D) of section 4(e)(2) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003(e)(2) )) through agreements developed under section 101(a)(11)(H); and (bb) personal assistance services (including training in the management of such services); (II) in the case of a plan for an eligible individual that is a student, the specific transition services and supports (including work experience, mentoring activities, and supported employment) needed to achieve the student's employment outcome or projected employment outcome; and ; (C) in subparagraph (F), by striking and at the end; (D) in subparagraph (G), by striking the period and inserting ; and ; and (E) by adding at the end the following: (H) for an individual who also is receiving assistance from an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ), a list of the services that are listed in the individual work plan that the individual developed with the employment network under subsection (g) of that section, and a description of how responsibility for service delivery will be divided between the employment network and the designated State unit in accordance with the agreement between the two parties required under the Ticket to Work and Self-Sufficiency Program. . (c) Procedures Section 102(c) ( 29 U.S.C. 722(c) ) is amended— (1) in paragraph (1), by adding at the end the following: These procedures also shall allow for the review of any delay in the vocational rehabilitation process. ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (ii), by striking and at the end; (ii) in clause (iii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iv) any applicable State limit on the time by which a request for mediation under paragraph (4) or a hearing under paragraph (5) shall be made, and any required procedure by which the request shall be made. ; and (B) in subparagraph (B)(iii), by inserting the denial, before reduction, ; and (3) in paragraph (5)— (A) by striking subparagraph (A) and inserting the following: (A) Officer A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who, on reviewing all the evidence presented, shall issue a written decision based on the provisions of the approved State plan, requirements specified in this Act (including regulations implementing this Act), and State regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant’s representative or individual’s representative, and to the designated State unit. The impartial hearing officer shall have the authority to render a decision and require actions, consistent with the requirements specified in this title (including regulations implementing this title), regarding all aspects of the applicant's or eligible individual's vocational rehabilitation services under this title. ; and (B) in subparagraph (B), by striking in laws (including regulations) and inserting about Federal and State laws (including regulations) and the approved State plan . 414. Vocational rehabilitation services Section 103 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a)— (A) by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services described in section 114; ; (B) by redesignating paragraphs (17) and (18) as paragraphs (18) and (19), respectively; (C) by inserting after paragraph (16) the following: (17) customized employment services; ; (D) in paragraph (18), as redesignated by subparagraph (C) of this paragraph, by striking the and at the end; (E) in paragraph (19), as redesignated by subparagraph (C) of this paragraph, by striking the period and inserting ; and ; and (F) by adding at the end the following: (20) mentoring services. ; and (2) in subsection (b)— (A) in paragraph (2)(A), by striking the second sentence and inserting Such programs shall be used to provide services that promote integration into the community and that result in competitive integrated employment, including supported employment and customized employment. ; and (B) by striking paragraph (6) and inserting the following: (6) Consultation and technical assistance services to assist State educational agencies and local educational agencies in planning for the transition of students with disabilities from school to postsecondary life, including employment. . 415. State Rehabilitation Council Section 105 ( 29 U.S.C. 725 ) is amended— (1) in subsection (b)(1)— (A) in subparagraph (A)— (i) by striking clause (ix) and inserting the following: (ix) in a State in which one or more projects are funded under section 121 and in which such services are provided through those projects, at least one representative of the directors of the projects located in such State; ; (ii) in clause (x), by striking and at the end; (iii) in clause (xi), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (xii) the director of the State's comprehensive statewide program of technology-related assistance funded under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003). ; and (B) in subparagraph (B)— (i) in clause (xi), by striking and at the end; (ii) in clause (xii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (xiii) the director of the State's comprehensive statewide program of technology-related assistance funded under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003). ; and (2) in subsection (c)(6), by striking Service Act and all that follows and inserting Service Act ( 42 U.S.C. 300x–3(a) ) and the State workforce investment board, and with the activities of entities carrying out programs under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.); . 416. Performance accountability measures Section 106 ( 29 U.S.C. 726 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general (1) Standards and indicators The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this title shall be subject to the performance accountability provisions described in section 136(b) of the Workforce Investment Act of 2012. (2) Additional performance accountability indicators (A) In general Subject to subparagraph (B), the Commissioner may establish through regulation additional performance accountability indicators, which may include outcome and related measures of program performance. (B) Comment Such additional performance accountability indicators shall be developed with input from State vocational rehabilitation agencies, related professional and consumer organizations, recipients of vocational rehabilitation services, and other interested parties. (3) Reports Each State that receives funds under this title shall submit a report to the Commissioner containing information on any additional performance accountability indicators established under paragraph (2). (4) Consumer organization In this subsection, the term consumer organization means a membership organization, or disability advocacy group, for which a majority of the members of the board of directors of the organization or group are individuals with disabilities or family members of individuals with disabilities. ; and (2) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State to make revisions to the plan to improve performance; and . 417. Monitoring and review (a) In general Section 107(a) (29 U.S.C. 727(a)) is amended— (1) in paragraph (3)(E), by inserting before the period the following: , including personnel of a client assistance program under section 112, and past or current recipients of vocational rehabilitation services ; and (2) in paragraph (4)— (A) by striking subparagraphs (A) and (B) and inserting the following: (A) (i) the eligibility process to ensure compliance with the requirements set forth in section 102(a); and (ii) implementation of an order of selection, if applicable, to ensure compliance with the requirements set forth in section 101(a)(5); and (B) the provision of services to ensure compliance with section 103; ; (B) in subparagraph (C), by striking and at the end; (C) by redesignating subparagraph (D) as subparagraph (E); and (D) by inserting after subparagraph (C) the following: (D) data on individuals determined to be ineligible for services due to severity of their disability, to determine if systematic changes could result in increased capacity to meet the needs of such individuals; and . (b) Review Section 107(d) of the Rehabilitation Act of 1973 ( 29 U.S.C. 727(d) ) is amended, in paragraphs (1) and (2), by striking a final determination of the Commissioner under section 101(b) or subsection (c) and inserting a final determination on a State plan for vocational rehabilitation services under the procedures referenced in section 101(b), or a final determination by the Commissioner under subsection (c) . 418. Training and services for employers Section 109 ( 29 U.S.C. 728a ) is amended to read as follows: 109. Training and services for employers A State may expend payments received under section 111 to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities under programs carried out under this title, including— (1) providing training and technical assistance to employers regarding the employment of individuals with disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and other employment-related laws; (2) working with employers to— (A) provide opportunities for work-based learning experience (including internships, short-term employment, apprenticeships, and fellowships), such as opportunities in conjunction with pre-employment transition services; (B) recruit qualified applicants with disabilities; (C) train employees with disabilities; and (D) promote retention of employees who are at risk of losing a job due to disability-related barriers; (3) providing consultations, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access; (4) assisting employers with utilizing available financial support, including tax credits and deductions available for hiring or accommodating individuals with disabilities; and (5) supporting the development of working relationships between State vocational rehabilitation agencies, the workforce investment system, their community partners, and employers on multi-State and national levels, including— (A) encouraging employers to recruit qualified individuals with disabilities for available employment opportunities; (B) facilitating such recruitment by disseminating information about specific available employment opportunities to qualified individuals who are recipients of vocational rehabilitation services under this subtitle, or who are applicants for such services; (C) matching qualified individuals who are recipients of vocational rehabilitation services under this subtitle, or who are applicants for such services, with employers that have available employment opportunities on the local, regional, or national level; and (D) providing support services, as appropriate, to employers to facilitate the hiring of qualified individuals who are recipients of vocational rehabilitation services under this subtitle, or who are applicants for such services. . 419. State allotments (a) In general Section 110 (29 U.S.C. 730) is amended— (1) in subsection (a)(1), by striking Subject to the provisions of subsection (c) and inserting Subject to the provisions of subsections (c), (d), and (e), and section 303(d) ; and (2) by striking subsections (b) and (c) and inserting the following: (b) (1) Not later than 45 days prior to the end of the fiscal year, the Commissioner shall determine, after reasonable opportunity for the submission to the Commissioner of comments by the State agency administering or supervising the program established under this title, whether any amount from the payment of an allotment to a State under section 111(a) for any fiscal year will not be utilized by such State in carrying out the purposes of this title. (2) (A) As soon as practicable but not later than the end of the fiscal year, the Commissioner shall reallot the amount available under paragraph (1) to other States, consistent with subparagraphs (B) and (C), for carrying out the purposes of this title to the extent the Commissioner determines that another State will be able to use an additional amount, during that fiscal year or the subsequent fiscal year for carrying out such purposes. (B) (i) The Commissioner shall reallot a portion of the amount available under paragraph (1) for a fiscal year to each State whose allotment under subsection (a) for such fiscal year is less than such State's allotment under subsection (a) for the immediately preceding fiscal year, adjusted by the percentage change in the funds available for subsection (a) from the immediately preceding fiscal year. (ii) (I) Subject to subclause (II), a State that is eligible to receive a reallotment under clause (i) shall receive a portion for a fiscal year from the amount available for reallotment under paragraph (1) that is equal to the difference between— (aa) the amount such State was allotted under subsection (a) for such fiscal year; and (bb) the amount such State was allotted under subsection (a) for the immediately preceding fiscal year, adjusted by the percentage change in the funds available for subsection (a) from the immediately preceding fiscal year. (II) If the amount available for reallotment under paragraph (1) is insufficient to provide each State eligible to receive a reallotment under clause (i) with the portion described in subclause (I), the amount reallotted to each eligible State shall be determined by the Commissioner. (C) If there are funds remaining after each State eligible to receive a reallotment under subparagraph (B)(i) receives the portion described in subparagraph (B)(ii), the Commissioner shall reallot the remaining funds among the States requesting a reallotment. (3) The Commissioner shall reallot an amount to a State under this subsection only if the State will be able to make sufficient payments from non-Federal sources to pay for the non-Federal share of the cost of vocational rehabilitation services under the State plan for the fiscal year for which the amount was appropriated. (4) For the purposes of this part, any portion made available to a State for any fiscal year pursuant to this subsection shall be regarded as an increase of such State's allotment (as determined under the preceding provisions of this section) for such year. (c) (1) For fiscal year 2012 and for each fiscal year thereafter, the Commissioner shall reserve, from the funds appropriated under section 100(b)(1) for each fiscal year, an amount that is not less than 1.23 percent and not more than 1.5 percent of those funds in order to carry out section 121, provided that the minimum percentage that may be reserved shall increase by 0.01 percent for each succeeding fiscal year after fiscal year 2012. (2) Notwithstanding paragraph (1), there shall be no increase in the minimum percentage of funds reserved under paragraph (1) unless there is an equivalent increase in the funds appropriated under section 100(b)(1). . (b) Reservation for Transition and Pre-Employment Transition Services Section 110 ( 29 U.S.C. 730 ) is amended by adding at the end the following: (d) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 10 percent of the allotted funds for the provision of transition services to assist students with disabilities and youth with disabilities in transitioning from education or training to employment, which includes pre-employment transition services under section 114. . 420. Client Assistance Program Section 112 ( 29 U.S.C. 732 ) is amended— (1) in subsection (a), in the first sentence— (A) by striking grants to States and inserting grants to agencies designated under subsection (c) (referred to individually in this section as a designated CAP agency ) ; (B) by inserting including under sections 114, after all available benefits under this Act, ; and (C) by inserting and eligibility after to ensure the protection of the rights ; (2) in subsection (b), by striking the matter preceding paragraph (1) and inserting Neither an agency within the State, nor the State, may receive payments from an allotment under subsection (e) in any fiscal year unless the State has designated under subsection (c) an agency that— ; (3) in subsection (c)— (A) in paragraph (2), by inserting (as defined in section 106(a)) after consumer organizations ; and (B) in paragraph (3), by striking agency designated under this subsection and inserting designated CAP agency ; (4) in subsection (d), by striking agency designated under subsection (c) of this section and inserting designated CAP agency ; (5) in subsection (e)— (A) in paragraph (1)— (i) by striking subparagraph (A) and inserting the following: (A) After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of the sums appropriated for each fiscal year under this section among the designated CAP agencies within the States on the basis of relative population of each State, except that no such agency shall receive less than $50,000. ; (ii) in subparagraph (B), by inserting the designated CAP agencies located in before American Samoa ; and (iii) by striking subparagraph (D) and inserting the following: (D) (i) For any fiscal year for which the funds appropriated for such fiscal year under subsection (h) exceed $7,500,000, the minimum allotment under this subsection shall be $100,000 for the designated CAP agencies located in States and $45,000 for the designated CAP agencies located in territories. (ii) For any fiscal year for which the total amount appropriated under subsection (h) exceeds the total amount appropriated under such subsection (or the corresponding provision) for the preceding fiscal year, the Secretary shall increase each of the minimum allotments under clause (i) by a percentage that shall not exceed the percentage increase, calculated by dividing such total amount for the fiscal year involved by such total amount for the preceding fiscal year. (E) (i) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $13,000,000, the Secretary shall reserve funds appropriated under subsection (h) to make a grant to the protection and advocacy system serving the American Indian Consortium, to provide designated CAP agency services in accordance with the requirements of this section. The amount of such a grant shall be the same amount as is provided to a territory under subparagraph (B), as increased under clauses (i) and, if applicable, (ii) of subparagraph (D). (ii) In this subparagraph: (I) The term American Indian Consortium has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002). (II) The term protection and advocacy system means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ). (F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary shall reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs established under this section. Such training and technical assistance shall be coordinated with activities provided under section 509(c)(1)(A). ; (B) in paragraph (2)— (i) except as provided in clause (ii), by striking State each place it appears and inserting designated CAP agency ; and (ii) by striking States each place it appears and inserting designated CAP agencies ; and (C) in paragraph (3), by striking agency designated and all that follows and inserting designated CAP agency the amount specified in the application approved under subsection (f). ; (6) in subsection (f), by striking State and inserting designated CAP agency ; (7) in paragraph (1) of subsection (g), by striking such programs and inserting the designated CAP agency of a State ; and (8) in subsection (h), by striking 1999 through 2003 and inserting 2013 through 2017 . 421. Technical assistance for quality services Part B of title I ( 29 U.S.C. 730 et seq. ), is amended by adding at the end the following: 113. Additional technical assistance The Commissioner shall provide technical assistance for programs provided under this title regarding improving the quality of vocational rehabilitation services provided through the programs, including— (1) consulting with the Department of Labor, the Small Business Administration, other appropriate Federal agencies, State and local workforce investment boards, and businesses or business-led intermediaries; (2) based on information obtained through the consultations, providing— (A) technical assistance that improves quality by enabling designated State units to develop successful partnerships with local and multi-State businesses in an effort to employ individuals with disabilities; and (B) technical assistance on developing self-employment opportunities and improving employment outcomes for individuals with disabilities; and (3) providing technical assistance to improve the quality of vocation rehabilitation services programs carried out under section 121. . 422. Pre-employment transition services Part B of title I ( 29 U.S.C. 730 et seq. ), as amended by section 521, is further amended by adding at the end the following: 114. Provision of pre-employment transition services for students with disabilities (a) In general From the funds reserved under section 110(d), and funds made available from State, local, and private funding sources (consistent with requirements that apply to the acceptance and use of such funds), each State shall ensure that— (1) the designated State unit shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities who are in need of such services; and (2) the designated State unit will not expend more than 5 percent of the funds reserved to carry out this section to pay for the administrative costs associated with providing pre-employment transition services under this section. (b) Local pre-Employment transition coordinator (1) Coordinator Each local office of a designated State unit shall designate at least 1 staff person to carry out the responsibilities of a Local Pre-Employment Transition Coordinator for students with disabilities, as well as appropriate staff to support the Coordinator in carrying out the responsibilities as described in paragraph (2). (2) Responsibilities It shall be the responsibility of a Local Pre-Employment Transition Coordinator to— (A) attend individualized education program meetings, as appropriate, for students with disabilities; (B) work with the local workforce investment boards, one-stop centers, and employers to develop job opportunities for students with disabilities, including internships, summer employment opportunities and other employment opportunities available throughout the school year, and apprenticeships; and (C) work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision of pre-employment transition services for students with disabilities, including services described in clauses (i) through (v) of section 7(30)(B). (c) National pre-Employment transition coordination (1) In general The Secretary of Education and the Secretary of Labor shall each designate a lead staff person to fulfill the responsibilities of a National Pre-Employment Transition Coordinator for Students with Disabilities. The National Pre-Employment Transition Coordinators shall work cooperatively, and with other Federal agencies including the Corporation for National and Community Service, to develop and coordinate— (A) agency policies related to pre-employment transition services; and (B) resources to increase job opportunities for students with disabilities, including internships, summer employment opportunities and other employment opportunities available throughout the school year, and apprenticeships. (2) Construction Nothing in this subsection shall be construed to prohibit either Secretary from assigning additional responsibilities, other than the responsibilities described in this subsection, to a staff person designated under this subsection. . 423. American Indian vocational rehabilitation services Section 121 ( 29 U.S.C. 741 ) is amended— (1) in subsection (a), in the first sentence, by inserting before the period the following: (referred to in this section as eligible individuals ), consistent with such eligible individuals' strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high quality employment that will increase opportunities for economic self-sufficiency ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (D) contains assurances that— (i) all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services, and the provision of such services, will be made by a representative of the tribal vocational rehabilitation program funded through the grant; and (ii) such decisions will not be delegated to another agency or individual. ; and (B) by striking paragraphs (3) and (4) and inserting the following: (3) If an application is approved under this part for a grant, the resulting grant shall be for 5 years, if the grant recipient complies with the program requirements for the program carried out under this part (including the regulations promulgated for the program). The grant shall be renewed for additional 5-year periods if the Commissioner determines that the grant recipient demonstrated acceptable past performance and the grant recipient submits, and obtains approval by the Commissioner, for a plan, including a proposed budget, that identifies future performance criteria, goals, and objectives. The State shall continue to provide vocational rehabilitation services under the State plan to American Indians residing on or near a reservation whenever such State includes any such American Indians in its State population under section 110(a)(1). (4) In allocating funds for grants under this part, the Secretary shall give priority to paying the continuation costs of projects in existence on the date of the allocation and may provide for increases in funding for such projects that the Secretary determines to be necessary. ; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: (c) (1) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2012, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year. (2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, and enter into contracts and other arrangements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs. (3) The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or other arrangements. (4) To be eligible to receive a grant or enter into a contract or other arrangement under this section, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of grant applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section. . C Research and Training 431. Purpose Section 200 ( 29 U.S.C. 760 ) is amended— (1) in paragraph (1), by inserting technical assistance, after training, ; (2) in paragraph (2), by inserting technical assistance, after training, ; (3) in paragraph (3)— (A) in the matter preceding subparagraph (A)— (i) by inserting , use, and adoption after transfer ; and (ii) by inserting in a timely and efficient manner, after disabilities ; and (B) in subparagraph (D), by inserting and dissemination of research findings to individuals with disabilities and other interested entities after technology ; (4) in paragraph (5), by striking and after the semicolon; (5) in paragraph (6), by striking the period and inserting ; and ; and (6) by adding at the end the following: (7) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated employment. . 432. Authorization of appropriations Section 201(a) ( 29 U.S.C. 761(a) ) is amended— (1) in paragraph (1), by striking 1999 through 2003 and inserting 2013 through 2017 ; and (2) in paragraph (2), by striking 1999 through 2003 and inserting 2013 through 2017 . 433. National Institute on Disability and Rehabilitation Research Section 202 ( 29 U.S.C. 762 ) is amended— (1) in subsection (a)(1)(A)— (A) in clause (ii), by striking and training; and and inserting , training, and technical assistance; ; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) knowledge translation and dissemination; and ; (2) in subsection (b)— (A) in paragraph (3), by striking in rehabilitation and inserting on disability and rehabilitation ; (B) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting education, health and health care, after independent living, ; and (ii) by striking subparagraphs (A) through (D) and inserting the following: (A) public and private entities, including— (i) elementary schools and secondary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965); (ii) institutions of higher education; and (iii) nongovernmental agencies and organizations; (B) rehabilitation practitioners; (C) employers and organizations representing employers with respect to employment-based educational materials or research; (D) individuals with disabilities (especially such individuals who are members of minority groups or of populations that are unserved or underserved by programs under this Act); (E) the individuals' representatives for the individuals described in subparagraph (D); and (F) the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the National Council on Disability; . (C) in paragraph (6)— (i) by inserting disability and after advances in ; and (ii) by inserting education, health and health care, after independent living, ; (D) in paragraph (7), by striking taking whatever action is necessary to keep the Congress fully and currently informed and inserting reporting to Congress on a continuing and yearly basis ; (E) in paragraph (8), by striking health, income, and inserting health and health care, income, education, ; (F) in paragraph (10), by striking and telecommuting; and and inserting , supported employment (including customized employment), and telecommuting; ; (G) in paragraph (11), by striking the period and inserting ; and ; and (H) by adding at the end the following: (12) ensuring that the research activities and findings, demonstration projects, reports, evaluations, studies, information described in this section, as well as information about any reports in progress, will be made publicly available in a timely manner, including through electronic means (such as the website of the Department of Education and other relevant government agency websites) in order to inform the public about the research and activities performed under this title. ; (3) in subsection (d)(1), in the second sentence, by inserting before the period the following: , and shall not be an employee of the Department of Education during the 90-day period before such appointment ; (4) in subsection (f)(1), by striking the second sentence and inserting the following: The scientific peer review shall be conducted by individuals who are not Department of Education employees, who are scientists or other experts in the disability and rehabilitation field (including the independent living field), including individuals with disabilities and the individuals’ representatives, and who have sufficient knowledge to review applications for the financial assistance. Such panel shall include a member of the covered school community (for any activity resulting in educational materials or a product to be used in a covered school), a member of the business community (for an activity resulting in a product to be used in an employment activity), a member of the assistive technology community (for an activity relating to assistive technology), and an accessible electronic and information technology vendor or manufacturer (for an activity relating to accessible electronic and information technology). The peer review panel shall include a director of a designated State unit for a panel that considers research related to the operation or administration of the vocational rehabilitation program. ; (5) in subsection (h)— (A) in paragraph (1)(A)— (i) by inserting disability and after priorities for ; and (ii) by inserting dissemination, after training, ; and (B) in paragraph (2)(A), by striking , especially in the area of employment ; (6) by redesignating subsections (i), (j), and (k), as subsections (j), (k), and (l), respectively; (7) by inserting after subsection (h) the following: (i) (1) The Director shall determine if entities that received financial assistance under this title are complying with the applicable requirements of this Act and achieving measurable goals, described in section 204(d)(2), that are consistent with the requirements of the programs under which the entities received the financial assistance. (2) To assist the Director in carrying out the responsibilities described in paragraph (1), the Director shall require recipients of financial assistance under this title to submit relevant information to evaluate program outcomes with respect to the measurable goals described in section 204(d)(2) pursuant to section 75.118 of title 34, Code of Federal Regulations. ; (8) in subsection (k), as redesignated by paragraph (6), by striking paragraph (3); and (9) by striking subsection (l), as redesignated by paragraph (6), and inserting the following: (l) The Director shall make grants to institutions of higher education for the training of rehabilitation researchers, including individuals with disabilities and traditionally underserved populations of individuals with disabilities, as described in section 21, with particular attention to research areas that— (1) support the implementation and objectives of this Act; and (2) improve the effectiveness of services authorized under this Act. (m) (1) Not later than December 31 of each year, the Director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this title. (2) The report under paragraph (1) shall include— (A) a compilation and summary of the information provided by recipients of financial assistance for such activities under this title; (B) a summary of recipients of financial assistance received under this title and the progress of the recipients of financial assistance in achieving the measurable goals described in section 204(d)(2); and (C) a summary of practical implications of research outcomes and anticipated next steps. (n) (1) If the Director determines that an entity that receives financial assistance under this title fails to comply with the applicable requirements of this Act, or to make progress toward achieving the measurable goals described in section 204(d)(2), with respect to the covered activities involved, the Director shall enact monitoring and enforcement measures pursuant to section 75.253 of title 34, Code of Federal Regulations. (2) As part of the annual report required under subsection (m), the Secretary shall describe each action taken by the Secretary under paragraph (1) and the outcomes of such action. . 434. Interagency Committee Section 203 (29 U.S.C. 763) is amended— (1) in subsection (a)(1)— (A) by striking and cooperation and inserting , cooperation, and collaboration ; (B) by inserting disability and after agencies conducting ; (C) by inserting the Chairman of the National Council on Disability, the Assistant Secretary for Disability Employment Policy, the Secretary of Defense, the Director of the Office on Disability of the Department of Health and Human Services, after Assistant Secretary for Special Education and Rehabilitative Services, ; and (D) by striking and the Director of the National Science Foundation. and inserting the Director of the National Science Foundation, the Secretary of Commerce, and the Administrator of the Small Business Administration. ; (2) in subsection (b)— (A) in paragraph (1), by striking from targeted individuals and inserting individuals with disabilities and their representatives ; and (B) in paragraph (2)— (i) by striking subparagraphs (A) and (B) and inserting the following: (A) share information regarding the range of assistive technology research, rehabilitation research, and research that incorporates the principles of universal design, that is being carried out by members of the Committee and other Federal departments and organizations; (B) identify and make efforts to address, gaps in assistive technology research, rehabilitation research, and research that incorporates the principles of universal design, that are not being adequately addressed; ; (ii) in subparagraph (D)— (I) by striking and research that incorporates the principles of universal design and inserting , rehabilitation research, and research that incorporates the principles of universal design ; and (II) by striking and after the semicolon; and (iii) in subparagraph (E), by striking and research that incorporates the principles of universal design. and inserting , rehabilitation research, and research that incorporates the principles of universal design; and ; (3) by striking subsection (d); (4) by redesignating subsection (c) as subsection (d); (5) by inserting after subsection (b) the following: (c) (1) Not later than 2 years after the date of enactment of the Workforce Investment Act of 2012, and periodically thereafter, the Committee shall host a disability and rehabilitation research summit, for the purposes of establishing a research agenda to ensure projects are relevant and applicable, bringing together policymakers, representatives from Federal agencies conducting disability and rehabilitation research, nongovernmental funders of rehabilitation research, and organizations representing individuals with disabilities, researchers, and providers. (2) Based on the proceedings of the summit described in paragraph (1), the Committee shall develop a comprehensive Government-wide strategic plan for disability and rehabilitation research. The strategic plan shall include measurable goals and objectives, action-oriented measures, timetables, budgets, and assignment of responsible individuals and agencies for carrying out research activities. At a minimum, the strategic plan shall include— (A) research priorities and recommendations; (B) the development of a searchable Government-wide inventory of disability and rehabilitation research for trend and data analysis across Federal agencies; (C) a set of guiding principles and policies and procedures for conducting and administering disability and rehabilitation research across Federal agencies; and (D) a summary of underemphasized and of duplicative areas of research. (3) Not later than 90 days after the conclusion of the summit described in paragraph (1), the strategic plan described in paragraph (2) shall be submitted to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. (4) The annual report prepared by the Committee under subsection (d) shall include an annual accounting of the progress made in implementing the strategic plan described in paragraph (2), including achievement of measurable goals and objectives, timetables, budgets, and the assignment of responsible individuals and agencies. (5) The Committee shall have the authority to facilitate collaborative projects among Federal agencies by receiving the transfer of funds from such agencies. ; (6) in subsection (d), as redesignated by paragraph (4), by striking paragraph (1) and inserting the following: (1) describes the progress of the Committee in fulfilling the duties described in subsections (b) and (c), and including specifically for subsection (c)— (A) a report of the progress made in implementing the strategic plan; (B) a description of the achievement of measurable goals, objectives, and timetables; (C) detailed budgetary information; and (D) the assignment of responsible individuals and agencies. ; and (7) in subsection (e)— (A) in paragraph (1), by striking and after the semicolon; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the term rehabilitation research means research on issues and topics related to attaining maximum self sufficiency and function by individuals with disabilities, including research on assistive technology and universal design, employment, education, health and function, and community integration and participation. . 435. Research and other covered activities Section 204 ( 20 U.S.C. 764 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting have practical real life applications and before maximize ; and (ii) by striking employment, independent living, and inserting employment, education, independent living, health and health care, ; (B) in paragraph (2)— (i) in subparagraph (A), by inserting and from which the research findings can be transferred to practice after State agencies ; and (ii) in subparagraph (B)— (I) by striking clause (ii) and inserting the following: (ii) studies and analysis of policies and the interaction of how particular factors (industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and health care), including for traditionally underserved populations as described in section 21, affect the rehabilitation of individuals with disabilities; ; (II) in clause (iii), by striking are homebound and inserting have significant challenges attempting to engage with community life outside of their homes ; (III) in clause (iv), by inserting , including the principles of universal design and the interoperability of products and services after disabilities ; (IV) in clause (v), by inserting , and to promote employment opportunities in competitive integrated employment after employment ; (V) in clause (vi), by striking and after the semicolon; (VI) in clause (vii), by striking and assistive technology. and inserting , assistive technology, and communications technology; and ; and (VII) by adding at the end the following: (viii) studies, analyses, and other activities affecting employment outcomes as defined in section 7(11), including self-employment and telecommuting, of individuals with disabilities. ; and (C) by adding at the end the following: (3) In carrying out this section, the Director shall emphasize covered activities that include plans for— (A) dissemination of high quality materials, scientifically valid research results, or findings, conclusions, and recommendations resulting from covered activities, including through electronic means (such as the website of the Department of Education), so that such information is available in a timely manner to the general public; or (B) the commercialization of marketable products, research results, or findings, resulting from the covered activities. ; (2) in subsection (b)— (A) in paragraph (1), by striking (18) both places the term appears and inserting (17) ; (B) in paragraph (2)— (i) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) be operated in collaboration with institutions of higher education or providers of rehabilitation services, developers or providers of assistive technology devices, assistive technology services, or information technology devices or services, or providers of other appropriate services; and (ii) serve as centers of national excellence and national or regional resources for individuals with disabilities, as well as providers, educators, and researchers. ; (ii) in subparagraph (B)— (I) in clause (i), by striking alleviate or stabilize and all that follows through the semicolon and inserting maximize health and function (including alleviating or stabilizing conditions, or preventing secondary conditions), and promote maximum social and economic independence of individuals with disabilities, including promoting the ability of the individuals to prepare for, secure, retain, regain, or advance in employment; ; (II) in clause (iii), by striking and after the semicolon; and (III) by striking clause (iv) and inserting the following: (iv) serving as an informational and technical assistance resource to individuals with disabilities, as well as to providers, educators, and researchers, through conferences, workshops, public education programs, in-service training programs, and similar activities and providing knowledge translation to promote the use of research findings through training, technical assistance, and dissemination, including identifying potential new areas of research; and (v) developing practical applications for the findings of the research of the Centers. ; and (iii) in subparagraph (C)— (I) in clause (i), by inserting , including research on assistive technology devices, assistive technology services, and accessible electronic and information technology devices after research ; (II) in clause (ii), by striking and social and inserting , social, and economic ; (III) by striking clauses (iii) through (vi) and inserting the following: (iii) improving the evaluation process for determining the assistive technology needs of individuals with disabilities; (iv) research related to vocational rehabilitation, including the use of assistive technology devices and accessible electronic and information technology devices in employment; (v) continuation of research that promotes the emotional, social, educational, and functional growth of children who are individuals with disabilities, as well as their integration in school, employment, and community activities; (vi) continuation of research to develop and evaluate interventions, policies, and services that support families of children and adults who are individuals with disabilities; (vii) continuation of research that will improve services and policies that foster the independence and social integration of individuals with disabilities, and enable individuals with disabilities, including individuals with intellectual disabilities and other developmental disabilities, to live in their communities; and (viii) research, dissemination, and technical assistance on best practices in supported employment and other strategies to promote competitive integrated employment for persons with the most significant disabilities. ; (IV) by striking subparagraph (D) and inserting the following: (D) Training of students preparing to be rehabilitation personnel or to provide rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct care, job coaching, aides in school based setting, or advice or assistance in utilizing assistive technology devices, assistive technology services, and accessible electronic and information technology devices and services) shall be an important priority for each such Center. ; (V) by striking subparagraph (I); and (VI) by redesignating subparagraphs (J) through (O) as subparagraphs (I) through (N), respectively; (C) in paragraph (3)— (i) in subparagraph (B)— (I) in clause (ii)(II), by striking employment and inserting educational, employment, ; and (II) in clause (iii)(II), by striking employment and inserting educational, employment, ; (ii) in subparagraph (D)(ii), by adding at the end the following: Each such Center conducting an activity relating to assistive technology or relating to accessible electronic and information technology shall include in the advisory committee a member of the assistive technology or accessible electronic and information technology community, respectively. Each such Center conducting an activity resulting in educational materials or a product to be used in a covered school, or resulting in a product to be used in an employment activity, shall include in the advisory committee a member of the covered school community, or a member of the business community, respectively. ; and (iii) in subparagraph (G)(ii), by inserting the success of any commercialized product researched or developed through the Center, after individuals with disabilities, ; (D) in paragraph (4)(B)— (i) in clause (i)— (I) by striking special and inserting unique ; and (II) by inserting social and functional needs, and before acute care ; and (ii) in clause (iv), by inserting education, health and health care, after employment, ; (E) in paragraph (8)— (i) by striking Veteran’s Administration and inserting Department of Veterans Affairs, the Department of Defense, the Substance Abuse and Mental Health Services Administration, the Federal Communications Commission, ; and (ii) by inserting the Department of Commerce, the Small Business Administration, the Department of Labor, after Space Administration, ; (F) by striking paragraphs (9) and (11); (G) by redesignating paragraphs (10), (12), (13), (14), (15), (16), (17), and (18), as paragraphs (9), (10), (11), (12), (13), (14), (15), and (16), respectively; (H) in paragraph (11), as redesignated by subparagraph (G)— (i) in the matter preceding subparagraph (A), by striking employment needs of individuals with disabilities, and inserting employment needs, opportunities, and outcomes (including those relating to self-employment, supported employment, and telecommuting) of individuals with disabilities, including older individuals with disabilities, students with disabilities who are transitioning from school to postsecondary life, including employment, and out of school youth with disabilities, ; (ii) in subparagraph (B), by inserting and employment related after the employment ; (iii) in subparagraph (E), by striking and after the semicolon; (iv) in subparagraph (F), by striking the period at the end and inserting ; and ; and (v) by adding at the end the following: (G) develop models and alternatives to help transition sheltered workshops for individuals with disabilities to competitive integrated employment for such individuals, and develop recommendations for decreasing reliance on the special minimum wage certificate program under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)). ; (I) in paragraph (14), as redesignated by subparagraph (G), by striking and access to gainful employment. and inserting , full participation, equal opportunity, and economic self-sufficiency. ; and (J) by adding at the end the following: (17) Research grants may be used to provide for research and training concerning the delivery of vocational rehabilitation services. Such projects and activities may include projects and activities designed to— (A) identify, develop, and evaluate evidence-based practices or policies that are effective in improving employment outcomes for individuals with disabilities; (B) conduct research related to improving the provision of services for underserved or special populations, such as strategies to enhance employment services and outcomes for middle-aged and older workers with disabilities or American Indians with disabilities; (C) conduct research on the delivery of vocational rehabilitation services to rural areas; (D) demonstrate innovative models of service delivery or testing methods of service delivery that have the potential to improve the effectiveness of programs authorized under this Act, including the use of assistive technology devices and accessible electronic and information technology devices in employment; (E) conduct research on ways to improve the performance of State vocational rehabilitation agencies; (F) disseminate and promote the implementation of evidence-based practices identified through these activities; and (G) conduct rigorous evaluations of programs and activities administered by the Rehabilitation Services Administration or supported under this Act. ; and (3) by adding at the end the following: (d) (1) The Director shall award the grants, contracts, or other financial assistance under this title on a competitive basis. (2) (A) To be eligible to receive financial assistance under this section for a covered activity, an entity shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. (B) The application shall include information describing— (i) measurable goals, as established through section 1115 of title 31, United States Code, and a timeline and specific plan for meeting the goals, that the applicant has set for addressing priorities related to— (I) commercialization of a marketable product (including a marketable curriculum or research) resulting from the covered activity; (II) in the case of a covered activity relating to technology, technology transfer; (III) in the case of research, dissemination of research results to, as applicable, Government entities, individuals with disabilities, covered schools, the business community, the assistive technology community, and the accessible electronic and information technology community; and (IV) other priorities as required by the Director; and (ii) how the applicant will quantifiably measure the goals to determine whether the goals have been accomplished. (3) (A) In the case of an application for financial assistance under this section to carry out a covered activity that results in the development of a marketable product, the application shall also include a commercialization and dissemination plan, as appropriate, containing commercialization and marketing strategies for the product involved, and strategies for disseminating information about the product. The financial assistance shall not be used to carry out the commercialization and marketing strategies. (B) In the case of any other application for financial assistance to carry out a covered activity under this section, the application shall also include a dissemination plan, containing strategies for disseminating educational materials, research results, or findings, conclusions, and recommendations, resulting from the covered activity. . 436. Rehabilitation Research Advisory Council Section 205 ( 29 U.S.C. 765 ) is amended— (1) in subsection (a), by inserting not less than after composed of ; and (2) by striking subsection (c) and inserting the following: (c) Qualifications Members of the Council shall include representatives of rehabilitation professionals, rehabilitation researchers, the directors of community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services carried out under this Act and with hiring individuals with disabilities, assistive technology developers and manufacturers, information technology vendors and manufacturers, entities carrying out programs under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ), covered school professionals, individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives. . 437. Definition of covered school Title II (29 U.S.C. 760) is amended by adding at the end the following: 206. Definition of covered school In this title, the term covered school means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or an institution of higher education. . D Professional Development and Special Projects and Demonstration 441. Training Section 302 ( 29 U.S.C. 772 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (E)— (I) by striking all after deliver and inserting supported employment services and customized employment services to individuals with the most significant disabilities ; and (II) by striking and after the semicolon; (ii) in subparagraph (F), by striking and after the semicolon; (iii) in subparagraph (G), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (H) personnel trained in providing assistive technology services. ; (2) in subsection (b)(1)(B)(i), by striking or prosthetics and orthotics and inserting prosthetics and orthotics, rehabilitation teaching for the blind, or orientation and mobility instruction ; (3) in subsection (g)— (A) in paragraph (1), by adding after the period the following: Any technical assistance provided to community rehabilitation programs shall be focused on the employment outcome of competitive integrated employment for individuals with disabilities. ; and (B) in paragraph (3)— (i) in subparagraph (A), by striking clause (iv) and inserting the following: (iv) for the 2 years following the date of enactment of the Workforce Investment Act of 2012, to provide training regarding the amendments made to this Act. ; and (ii) in subparagraph (B), by striking on the date of enactment of the Rehabilitation Act Amendments of 1998 and inserting on the date of enactment of the Workforce Investment Act of 2012 ; and (4) in subsection (i), by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . 442. Demonstration and training programs Section 303 ( 29 U.S.C. 773 ) is amended— (1) in subsection (b)— (A) in paragraph (5)— (i) in subparagraph (A)— (I) by striking clause (i) and inserting the following: (i) special projects and demonstration programs focused on improving transition from education to competitive integrated employment for youth who are individuals with significant disabilities; ; and (II) by striking clause (iii) and inserting the following: (iii) increasing competitive integrated employment for individuals with significant disabilities. ; and (B) by striking paragraph (6); (2) in subsection (c)(2)— (A) in subparagraph (E), by striking and after the semicolon; (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following: (F) to provide support and guidance in helping individuals with significant disabilities, including students with disabilities, transition to competitive integrated employment; and ; and (3) by amending subsection (e) to read as follows: (e) Authorization of appropriations For the purpose of carrying out this section (other than subsections (c) and (e)), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2013 through 2017. . 443. Migrant and seasonal farmworkers Section 304(b) ( 29 U.S.C. 774(b) ) is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . 444. Recreational programs Section 305 (29 U.S.C. 776) is amended— (1) in subsection (a)(1)(B), by striking construction of facilities for aquatic rehabilitation therapy, ; and (2) in subsection (b), by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . E National Council on Disability 451. Report Section 401 ( 29 U.S.C. 781 ) is amended by striking subsection (c). 452. Authorization of appropriations Section 405 ( 29 U.S.C. 785 ) is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . F Rights and advocacy 456. Board and Council (a) Architectural and transportation barriers compliance board Section 502(j) ( 29 U.S.C. 792(j) ) is amended by striking 1999 through 2003 and inserting 2013 through 2017 . (b) Program or activity Section 504(b)(2)(B) ( 29 U.S.C. 794(b)(2)(B) ) is amended by striking vocational education and inserting career and technical education . (c) Interagency Disability Coordinating Council Section 507(a) ( 29 U.S.C. 794c(a) ) is amended by inserting the Chairperson of the National Council on Disability, before and such other . 457. Protection and advocacy of individual rights Section 509 ( 29 U.S.C. 794e ) is amended— (1) in subsection (c)(1)(A), by inserting a grant or contract for before training ; (2) in subsection (f)— (A) in paragraph (2)— (i) by striking general and all that follows through records and inserting general authorities (including rights and remedies), including the authority to access records ; and (ii) by inserting of title I after subtitle C ; and (B) in paragraph (3), by striking authority and inserting authority (including the right) ; (3) in subsection (g)(2), by striking was paid and all that follows and inserting was paid, except that program income generated from the amount paid to an eligible system for a fiscal year shall remain available to such system in accordance with section 19 of this Act. ; (4) in subsection (l), by striking 1999 through 2003 and inserting 2013 through 2017 ; (5) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and (6) by inserting after subsection (k) the following: (l) System authority For purposes of serving persons eligible for services under this section, an eligible system shall have the same general authorities, including access to records, as the system is afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. ), as determined by the Commissioner of the Administration on Developmental Disabilities. . 458. Standards for accessible medical diagnostic equipment Section 510 ( 29 U.S.C. 794f ) is amended— (1) by redesignating subsection (c) as subsection (d); (2) by inserting after subsection (b) the following: (c) Regulations Not later than 6 months after the date of the issuance of the standards under subsection (a), each appropriate Federal agency authorized to promulgate regulations under section 504 or the Americans with Disabilities Act of 1990 shall prescribe regulations in an accessible format, to the extent necessary to carry out the provisions of this section, section 504, and the Americans with Disabilities Act of 1990, as applicable, that include accessibility standards that are consistent with the standards issued under subsection (a). ; and (3) in subsection (d), as redesignated by paragraph (1), by adding at the end the following: Not later than 6 months after the date of the issuance of such amended standards, each Federal agency covered by subsection (c) shall prescribe revised regulations, in an accessible format, that are consistent with the amended standards. . G Employment Opportunities for Individuals With Disabilities 461. Projects with industry Section 611 (29 U.S.C. 795) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking in the competitive and inserting in competitive integrated employment in the ; and (ii) by inserting locally after career advancement ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by inserting local and national after jointly financed ; and (II) by inserting in competitive integrated employment after career opportunities ; (ii) in subparagraph (A)— (I) by striking clause (ii) and inserting the following: (ii) identify job and career availability within the community in consultations with local workforce investment boards, consistent with the existing and emerging in-demand industry sectors and occupations as defined in section 101 of the Workforce Investment Act of 2012, and the employment needs of employers in those industry sectors and occupations; ; (II) in clause (iii), by striking and after the semicolon; (III) in clause (iv), by inserting and after the semicolon; and (IV) by adding at the end the following: (v) coordinate such training and job placement activities with the local workforce investment boards described in clause (ii) as appropriate, and with the Job Corps center industry councils established under section 154 of the Workforce Investment Act of 2012. ; and (iii) in subparagraph (C)— (I) in clause (i), by striking and after the semicolon; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) internship programs for individuals with disabilities who seek employment; and ; (2) in subsection (e)(2), by striking in States, portions of States, Indian tribes, or tribal organizations and inserting nationally or in States, in portions of States, across multiple States, or in Indian tribes or tribal organizations ; and (3) by adding at the end the following: (i) Prohibited use of funds Grant funds awarded under this section shall not be used to support services in sheltered workshops or segregated settings. . 462. Authorization of appropriations Section 612 ( 29 U.S.C. 795a ) is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . 463. Supported employment services Part B of title VI ( 29 U.S.C. 795g ) is amended to read as follows: B Supported employment services 621. Purpose It is the purpose of this part to authorize allotments, in addition to grants for vocational rehabilitation services under title I, to assist States in developing collaborative programs with appropriate entities to provide supported employment services for individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment. 622. Allotments (a) In general (1) States The Secretary shall allot the sums appropriated for each fiscal year to carry out this part among the States on the basis of relative population of each State, except that— (A) no State shall receive less than $250,000, or 1/3 of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater; and (B) if the sums appropriated to carry out this part for the fiscal year exceed the sums appropriated to carry out this part for fiscal year 1992 by $1,000,000 or more, no State shall receive less than $300,000, or 1/3 of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater. (2) Certain territories (A) In general For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States. (B) Allotment Each jurisdiction described in subparagraph (A) shall be allotted not less than 1/8 of 1 percent of the amounts appropriated for the fiscal year for which the allotment is made. (b) Reallotment Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State for carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year. (c) Limitations on administrative costs A State that receives an allotment under this part shall not use more than 5 percent of the funds made available through the allotment to pay for administrative costs. (d) Services for youth with the most significant disabilities A State that receives an allotment under this part shall expend half of the allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth to achieve an employment outcome in supported employment. 623. Availability of services (a) Supported employment services Funds provided under this part may be used to provide supported employment services to individuals who are eligible under this part. (b) Extended services Except as provided in paragraph (c), funds provided under this part, or title I, may not be used to provide extended services to individuals who are eligible under this part or title I. (c) Extended services for youth with the most significant disabilities Funds allotted under this part, or title I, and used for the provision of services under this part to youth with the most significant disabilities pursuant to section 622(d) of this part, may be used to provide extended services to youth with the most significant disabilities for a period not to exceed four years. 624. Eligibility An individual, including a youth with a disability, shall be eligible under this part to receive supported employment services authorized under this part if— (1) the individual, including a youth with a disability, is eligible for vocational rehabilitation services under title I; (2) the individual, including a youth, is determined to be an individual with a most significant disability; and (3) a comprehensive assessment of rehabilitation needs of the individual or youth described in section 7(2)(B), including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate employment outcome for the individual or youth. 625. State plan (a) State plan supplements To be eligible for an allotment under this part, a State shall submit to the Commissioner, as part of the State plan under section 101, a State plan supplement for providing supported employment services authorized under this Act to individuals, including youth with the most significant disabilities, who are eligible under this Act to receive the services. Each State shall make such annual revisions in the plan supplement as may be necessary. (b) Contents Each such plan supplement shall— (1) indicate each designated State agency as the agency to administer the program assisted under this part; (2) summarize the results of the comprehensive, statewide assessment conducted under section 101(a)(15)(A)(i), with respect to the rehabilitation needs of individuals, including youth, with significant disabilities and the need for supported employment services, including needs related to coordination; (3) describe the quality, scope, and extent of supported employment services authorized under this Act to be provided to individuals, including youth with the most significant disabilities, who are eligible under this Act to receive the services and specify the goals and plans of the State with respect to the distribution of funds received under section 622; (4) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other State agencies and other appropriate entities to assist in the provision of supported employment services; (5) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other public or nonprofit agencies or organizations within the State, employers, natural supports, and other entities with respect to the provision of extended services; (6) a description of the activities to be conducted under this part, using the funds specified in section 622(d) of this title, for providing supported employment services to youth with the most significant disabilities, including— (A) the provision of extended services for a period not to exceed four years; and (B) how the State will use the funds specified in section 622(d) to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities; (7) provide assurances that— (A) funds made available under this part will only be used to provide supported employment services authorized under this Act to individuals, including youth, who are eligible under this part to receive the services; (B) the comprehensive assessments of individuals with significant disabilities, including youth with the most significant disabilities, conducted under section 102(b)(1) and funded under title I will include consideration of supported employment as an appropriate employment outcome; (C) an individualized plan for employment, as required by section 102, will be developed and updated using funds under title I in order to— (i) specify the supported employment services to be provided, including as appropriate for youth with the most significant disabilities, transition services and pre-employment transition services provided in accordance with sections 101(a)(25) and 114; (ii) specify the expected extended services needed, including the extended services that may be provided to youth with the most significant disabilities under this part, in accordance with an approved individualized plan for employment, for a period not to exceed four years; and (iii) identify, as appropriate, the source of extended services, which may include natural supports, or to the extent that it is not possible to identify the source of extended services at the time the individualized plan for employment is developed; (D) the State will use funds provided under this part only to supplement, and not supplant, the funds provided under title I, in providing supported employment services specified in the individualized plan for employment; (E) services provided under an individualized plan for employment will be coordinated with services provided under other individualized plans established under other Federal or State programs; (F) to the extent jobs skills training is provided, the training will be provided onsite; (G) supported employment services will include placement in an integrated setting based on the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the most significant disabilities; (H) the State agencies designated under paragraph (1) will expend not more than 5 percent of the allotment of the State under this part for administrative costs of carrying out this part; and (I) with respect to supported employment services provided to youth with the most significant disabilities with the funds described in section 622(d), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions towards the grant award in an amount that is not less than 10 percent of such costs; and (8) contain such other information and be submitted in such manner as the Commissioner may require. 626. Restriction Each State agency designated under section 625(b)(1) shall collect the information required by section 101(a)(10) separately for eligible— (1) (A) individuals receiving supported employment services under this part; and (B) individuals receiving supported employment services under title I; and (2) (A) youth receiving supported employment services under this part; and (B) youth receiving supported employment services under title I. 627. Savings provision (a) Supported employment services Nothing in this Act shall be construed to prohibit a State from providing supported employment services in accordance with the State plan submitted under section 101 by using funds made available through a State allotment under section 110. (b) Post-Employment services Nothing in this part shall be construed to prohibit a State from providing discrete post-employment services in accordance with the State plan submitted under section 101 by using funds made available through a State allotment under section 110 to an individual who is eligible under this subpart. 628. Authorization of appropriations There is authorized to be appropriated to carry out this part, including for technical assistance, such sums as may be necessary for each of the fiscal years 2013 through 2017. . H Independent Living Services and Centers for Independent Living 1 General provisions 471. Purpose Section 701 ( 29 U.S.C. 796 ) is amended, in paragraph (3), by inserting before the period the following: , with the goal of improving the independence of and equal opportunity for individuals with disabilities . 472. Independent Living Administration Title VII ( 29 U.S.C. 796 et seq. ) is amended by inserting after section 701 the following: 701A. Independent Living Administration (a) Establishment In order to promote the philosophy and purpose of section 701, there is established within the Department of Education an Independent Living Administration, independent of the Rehabilitation Services Administration. (b) Director The Independent Living Administration shall be headed by a Director (referred to in this title as the ILA Director ) appointed by the Secretary. The ILA Director shall not have been an employee of the Department of Education during the 90-day period before such appointment, and shall have substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the ILA Director shall be the principal officer, of the Department for carrying out this title. The ILA Director shall have the same reporting relationship as is outlined in section 202(a)(2), and shall be a different individual than the Commissioner. (c) General Counsel The Office of the General Counsel of the Department of Education shall designate 1 or more individuals, with substantial background in and knowledge of independent living services and centers for independent living under this title, to provide advice, support, and technical assistance to the ILA Director. (d) Input The ILA Director shall have the authority to seek such input and advice, including convening meetings, as the ILA Director determines to be appropriate with respect to the policies and conduct of the Independent Living Administration. (e) Staff The Secretary shall ensure that— (1) the Independent Living Administration has sufficient staff to provide oversight of, conduct auditing of, and provide technical assistance to, the centers for independent living and Statewide Independent Living Councils funded under this Act; and (2) such staff includes qualified individuals who have significant experience with centers for independent living or Statewide Independent Living Councils described in section 705. . 473. Definitions Section 702 ( 29 U.S.C. 796a ) is amended— (1) in paragraph (1)— (A) in the matter before subparagraph (A), by inserting for individuals with significant disabilities (regardless of age or income) before that— ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period and inserting , including, at a minimum, independent living core services as defined in section 7(17); and ; and (D) by adding at the end the following: (C) has sufficient staff to provide the services described in subparagraph (B). ; and (2) in paragraph (2), by striking the period and inserting the following: “, both in terms of— (A) the management, staffing, decisionmaking, and operation of the center; and (B) the center's establishment of policies, direction, and provision of services. . 474. State plan Section 704 (29 U.S.C. 796c) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting after State plan the following: developed and signed in accordance with paragraph (2), ; and (ii) by striking Commissioner each place it appears and inserting ILA Director ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking developed and signed by ; and (ii) by striking subparagraphs (A) and (B) and inserting the following: (A) developed by the chairperson of the Statewide Independent Living Council, the director of the designated State entity described in subsection (c), and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities throughout the State; and (B) signed by— (i) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council; (ii) the director of the designated State entity described in subsection (c); and (iii) not less than 51 percent of the directors of the centers for independent living in the State. ; (C) in paragraph (3)— (i) in subparagraph (A), by striking State independent living services and inserting independent living services in the State ; (ii) in subparagraph (B), by striking and at the end; and (iii) by striking subparagraph (C) and inserting the following: (C) working relationships and collaboration between— (i) centers for independent living; and (ii) (I) entities carrying out programs that provide independent living services, including those serving older individuals; (II) other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and (III) entities carrying out the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities; and (D) cooperative agreements and partnerships to provide a seamless model for provision of services to individuals with disabilities and to avoid duplication of services. ; (D) in paragraph (4), by striking Commissioner each place it appears and inserting ILA Director ; and (E) by adding at the end the following: (5) Statewide basis The State plan shall provide for the provision of independent living services on a statewide basis, to the greatest extent possible, including through the establishment of additional centers for independent living or focused outreach to serve underserved populations. ; (2) in subsection (b), by striking the period and inserting the following: , as well as a plan for funding the administrative costs of the Council. ; (3) in subsection (c)— (A) in the subsection heading, by striking unit and inserting entity ; (B) in the matter preceding paragraph (1), by striking the designated State unit of such State and inserting a State entity of such State (referred to in this title as the designated State entity ), which may be the designated State unit, an entity within the designated State agency, or an entity within a different State agency, ; (C) in paragraphs (3) and (4), by striking Commissioner each place it appears and inserting ILA Director ; (D) in paragraph (3), by striking and at the end; and (E) in paragraph (4), by striking the period and inserting ; and ; (4) in subsection (i), by striking paragraphs (1) and (2) and inserting the following: (1) the Statewide Independent Living Council; (2) centers for independent living; (3) the designated State entity; and (4) other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, and other public and private entities determined to be appropriate by the Council. ; (5) in subsection (m)— (A) in paragraph (4), by striking Commissioner each place it appears and inserting ILA Director ; and (B) in paragraph (5), by striking Commissioner each place it appears and inserting ILA Director ; and (6) by adding at the end the following: (o) Promoting full access to community life (1) In general The plan shall describe how the State will provide independent living services that promote full access to community life for individuals with significant disabilities. (2) Services The services shall include— (A) facilitating transitions of individuals with significant disabilities from nursing homes and other institutions, to home- and community-based residences, with the requisite supports and services; (B) providing assistance to individuals with significant disabilities that are at risk of entering institutions so that the individuals may remain in the community; and (C) facilitating transitions of youth (including students) who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed their secondary education or otherwise left school, to postsecondary life, including employment. . 475. Statewide Independent Living Council Section 705 ( 29 U.S.C. 796d ) is amended— (1) in subsection (b)— (A) by striking paragraph (2) and inserting the following: (2) Composition The Council shall include— (A) among its voting members, at least 1 director of a center for independent living chosen by the directors of centers for independent living within the State; (B) among its voting members, for a State in which 1 or more centers are funded under section 721(c)(4), at least 1 representative of the directors of the centers; and (C) as ex officio, nonvoting members, a representative of the designated State entity, and representatives from State agencies that provide services for individuals with disabilities. ; (B) in paragraph (3)— (i) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively; (ii) in subparagraph (B), by striking parents and guardians of ; and (iii) by inserting after paragraph (B) the following: (C) parents and guardians of individuals with disabilities; ; and (C) in paragraph (5)(B), by striking paragraph (3) and inserting paragraph (1) ; (2) by striking subsection (c) and inserting the following: (c) Functions (1) Duties The Council shall— (A) in conjunction with the directors of the centers for independent living in the State, and the designated State entity, jointly develop and sign the State plan as provided in section 704(a)(2); (B) monitor, review, and evaluate the implementation of the State plan; (C) have at least 4 regularly scheduled meetings per year, and ensure that such meetings of the Council are open to the public and sufficient advance notice of such meetings is provided; (D) submit to the ILA Director such periodic reports as the ILA Director may reasonably request, and keep such records, and afford such access to such records, as the ILA Director finds necessary to verify the information in such reports; and (E) as appropriate, coordinate activities with the State Rehabilitation Council established under section 105, if the State has such a Council, or the commission described in section 101(a)(21)(A), if the State has such a commission, and councils that address the needs of specific disability populations and issues under other Federal law. (2) Authorities The Council may, consistent with the State plan described in section 704, unless prohibited by State law— (A) facilitate the improvement and coordination of services provided to individuals with disabilities by centers for independent living, the designated State unit, other government agencies, and community organizations; (B) conduct resource development activities to obtain funding from public and private resources to support the activities described in this subsection or to support the provision of independent living services by centers for independent living; and (C) perform such other functions, consistent with the purpose of this chapter and comparable to other functions described in this subsection, as the Council determines to be appropriate. (3) Limitation The Council shall not provide independent living services directly to individuals with significant disabilities or manage such services. ; (3) in subsection (e)— (A) in paragraph (1), in the first sentence, by striking prepare and all that follows through a plan and inserting prepare, in conjunction with the designated State entity, a plan ; and (B) in paragraph (3), by striking agency and inserting entity ; and (4) in subsection (f)— (A) by striking such resources and inserting available resources ; and (B) by striking (including and all that follows through compensation and inserting (such as personal assistance services), and to pay reasonable compensation . 476. Responsibilities of the ILA Director Section 706 ( 29 U.S.C. 796d–1 ) is amended— (1) by striking the title of the section and inserting the following: 706. Responsibilities of the ILA Director ; (2) in subsection (a)— (A) in paragraph (1), by striking Commissioner each place it appears and inserting ILA Director ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking Commissioner each place it appears and inserting ILA Director ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking Secretary and inserting Secretary or the Commissioner ; and (bb) by striking to the Commissioner; and and inserting to the ILA Director; ; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) to the State agency shall be deemed to be references to the designated State entity; and ; (3) by striking subsection (b) and inserting the following: (b) Indicators Not later than 1 year after the date of enactment of the Workforce Investment Act of 2012, the ILA Director shall develop and publish in the Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in section 725), and indicators of minimum compliance for Statewide Independent Living Councils. ; (4) in subsection (c)— (A) by striking paragraph (1) and inserting the following: (1) Reviews (A) Types of reviews The ILA Director shall annually conduct— (i) onsite compliance reviews of at least 15 percent of the centers for independent living that receive funds under section 722 and shall periodically conduct such a review of each such center; (ii) onsite compliance reviews of at least one-third of the designated State units that receive funding under section 723, and, to the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) of section 723, centers that receive funding under section 723 in such State; and (iii) onsite compliance reviews for at least 10 percent of the Statewide Independent Living Councils established in each State under section 705. (B) Selections The ILA Director shall select the centers, State units, and Councils described in this paragraph for review on a random basis. ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Commissioner and inserting ILA Director ; (ii) in subparagraph (A), by striking such a review and inserting a review described in paragraph (1) ; and (iii) in subparagraphs (A) and (B), by striking Department each place it appears and inserting Independent Living Administration ; and (5) by striking subsection (d). 2 Independent living services 477. Administration (a) Allotments Section 711 ( 29 U.S.C. 796e ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A)— (i) by striking Except and inserting After the reservation required by section 711A is made, and except ; and (ii) by inserting the remainder of the before sums appropriated ; and (B) in paragraph (2)(B), by striking amounts made available for purposes of this part and inserting remainder described in paragraph (1)(A) ; (2) in subsections (a), (b), and (c), by striking Commissioner each place it appears and inserting ILA Director ; and (3) by adding at the end the following: (d) Administration Funds allotted or made available to a State under this section shall be administered by the designated State entity, in accordance with the approved State plan, except for States covered by section 723. . (b) Training and technical assistance Part B of title VII is amended by inserting after section 711 ( 29 U.S.C. 796e ) the following: 711A. Training and technical assistance (a) In general From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year 2012, the ILA Director shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to Statewide Independent Living Councils for such fiscal year. (b) Allocation From the funds reserved under subsection (a), the ILA Director shall make grants to, and enter into contracts and other arrangements with, entities that have experience in the operation of Statewide Independent Living Councils to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating Statewide Independent Living Councils. (c) Funding priorities The ILA Director shall conduct a survey of Statewide Independent Living Councils regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or other arrangements. (d) Review To be eligible to receive a grant or enter into a contract or other arrangement under this section, such an entity shall submit an application to the ILA Director at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the ILA Director may require. The ILA Director shall provide for peer review of grant applications by panels that include persons who are not government employees and who have experience in the operation of Statewide Independent Living Councils. . (c) Payments Section 712(a) ( 29 U.S.C. 796e–1(a) ) is amended by striking Commissioner and inserting ILA Director. (d) Authorized uses of funds Section 713 (29 U.S.C. 796e–2) is amended— (1) by striking the matter preceding paragraph (1) and inserting the following: (a) In General The State may use funds received under this part (but not more than 30 percent of the funds paid to the State under section 712) to provide the resources described in section 705(e), relating to the Statewide Independent Living Council, may retain funds under section 704(c)(5), and shall distribute the remainder of the funds received under this part in a manner consistent with the approved State plan under section 704 for the activities described in subsection (b). (b) Activities The State may use the remainder of the funds described in subsection (a)— ; and (2) in paragraph (1), by inserting , particularly those in unserved areas of the State after disabilities . (e) Authorization of appropriations Section 714 ( 29 U.S.C. 796e–3 ) is amended by striking 1999 through 2003 and inserting 2013 through 2017 . 3 Centers for independent living 481. Program authorization Section 721 (29 U.S.C. 796f) is amended— (1) in subsection (a)— (A) by striking 1999 and inserting 2012 ; (B) by striking Commissioner shall allot and inserting ILA Director shall make available ; and (C) by inserting , centers for independent living, after States ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking For and all that follows through Commissioner and inserting From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year 2012, the ILA Director ; (ii) by inserting not less than 1.8 percent and not more than 2 percent of the funds after reserve ; and (iii) by striking eligible agencies and all that follows and inserting centers for independent living and eligible agencies for such fiscal year. ; (B) in paragraph (2)— (i) by striking Commissioner and inserting ILA Director ; and (ii) by inserting fiscal management of, before planning, ; (C) in paragraphs (3), (4), and (5), by striking Commissioner each place it appears and inserting ILA Director ; and (D) in paragraph (3), by striking Statewide Independent Living Councils and ; (3) by striking subsection (c) and inserting the following: (c) Allotments to States (1) Definitions In this subsection: (A) Additional appropriation The term additional appropriation means the amount (if any) by which the appropriation for a fiscal year exceeds the total of— (i) the amount reserved under subsection (b) for that fiscal year; and (ii) the appropriation for fiscal year 2008. (B) Appropriation The term appropriation means the amount appropriated to carry out this part. (C) Base appropriation The term base appropriation means the portion of the appropriation for a fiscal year that is equal to the lesser of— (i) an amount equal to 100 percent of the appropriation, minus the amount reserved under subsection (b) for that fiscal year; or (ii) the appropriation for fiscal year 2008. (2) Allotments to States from base appropriation After the reservation required by subsection (b) has been made, the ILA Director shall allot to each State whose State plan has been approved under section 706 an amount that bears the same ratio to the base appropriation as the amount the State received under this subsection for fiscal year 2008 bears to the total amount that all States received under this subsection for fiscal year 2008. (3) Allotments to States of additional appropriation From the portion of any additional appropriation for each fiscal year that remains after the application of paragraph (4), the ILA Director shall allot to each State whose State plan has been approved under section 706 an amount equal to the sum of— (A) an amount that bears the same ratio to 50 percent of the portion as the population of the State bears to the population of all States; and (B) 1/56 of 50 percent of that portion. (4) Grants for centers for American Indians (A) Grants The ILA Director may reserve not more than 5 percent of the additional appropriation for any fiscal year. The ILA Director shall use the reserved funds to make individual grants to support new or existing centers for independent living run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations (including consortia of such governing bodies). A governing body that receives such a grant shall use the grant funds for such a center that serves American Indians who are individuals with disabilities residing on or near such a reservation. (B) Applications (i) In general To be eligible to receive a grant under this paragraph for an independent living center, a governing body, or a governing body in conjunction with a center for independent living, shall submit an application to the ILA Director at such time, in such manner and containing such information as the ILA Director may require, and obtain approval for the application. (ii) Contents At a minimum, the application shall contain an assurance that the center— (I) will meet the definition of a center for independent living under section 702; (II) will provide independent living core services (as defined in section 7(17)) to American Indians described in subparagraph (A) and, in appropriate cases, may provide to such American Indians services traditionally used by Indian tribes; (III) will have sufficient staff to provide the services described in subclause (II); and (IV) will comply with the standards and provide and comply with the assurances for centers for independent living under section 725. (C) Carryover authority Notwithstanding any other provision of law, any funds provided through a grant made under subparagraph (A) to an individual grant recipient for a fiscal year that are not obligated or expended by the recipient prior to the beginning of the succeeding fiscal year shall remain available for obligation and expenditure by such recipient during that succeeding fiscal year and the subsequent fiscal year. (D) Reservation In this paragraph, the term reservation has the meaning given the term in section 121(d). ; (4) in subsection (d), by striking Commissioner each place it appears and inserting ILA Director ; and (5) by adding at the end the following: (e) Carryover authority Notwithstanding any other provision of law— (1) any funds appropriated for a fiscal year to carry out a grant program under section 722 or 723, that are not obligated and expended by the recipients prior to the beginning of the succeeding fiscal year shall remain available for obligation and expenditure by such recipients during that succeeding fiscal year and the subsequent fiscal year; and (2) any amounts of program income received by recipients under a grant program under section 722 or 723 in a fiscal year, that are not obligated and expended by the recipients prior to the beginning of the succeeding fiscal year, shall remain available for obligation and expenditure by such recipients during that succeeding fiscal year and the subsequent fiscal year. . 482. Centers (a) Centers in States in which Federal funding exceeds State funding Section 722 ( 29 U.S.C. 796f–1 ) is amended— (1) in subsections (a), (b), and (c), by striking Commissioner each place it appears and inserting ILA Director ; (2) in subsection (c)— (A) by striking grants and inserting grants for a fiscal year ; and (B) by striking by September 30, 1997 and inserting for the preceding fiscal year ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking Commissioner and inserting ILA Director ; and (ii) by striking region, consistent and all that follows and inserting region. The ILA Director's determination of the most qualified applicant shall be consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living. ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking Commissioner and inserting ILA Director ; and (ii) by striking subparagraph (A) and inserting the following: (A) shall consider comments regarding the application— (i) by individuals with disabilities and other interested parties within the new region proposed to be served; (ii) if any, by the Statewide Independent Living Council in the State in which the applicant is located; ; and (iii) in subparagraph (C), by inserting , and consistent with the other objectives of this title before the period; and (4) in subsections (e) and (g) by striking Commissioner each place it appears and inserting ILA Director. . (b) Centers in States in which State funding exceeds Federal funding Section 723 ( 29 U.S.C. 796f–2 ) is amended— (1) in subsections (a), (b), (g), (h), and (i), by striking Commissioner each place it appears and inserting ILA Director ; (2) in subsection (a), in the header of paragraph (3), by striking commissioner and inserting ILA director ; and (3) in subsection (c)— (A) by striking grants and inserting grants for a fiscal year ; and (B) by striking by September 30, 1997 and inserting for the preceding fiscal year . (c) Centers operated by State agencies Section 724 ( 29 U.S.C. 796f–3 ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking 1993 and inserting 2012 ; (B) by striking Rehabilitation Act Amendments of 1998 and inserting Workforce Investment Act of 2012 ; and (C) by striking 1994 and inserting 2012 ; and (2) by striking Commissioner each place it appears and inserting ILA Director . 483. Standards and assurances Section 725 (29 U.S.C. 796f–4) is amended— (1) in subsection (b)— (A) in paragraph (1)(D), by striking to society and inserting , both within the community and throughout the United States, ; and (B) in paragraph (5)— (i) by inserting (as defined in section 7(17)) after core services ; and (ii) by inserting before the period the following: to eligible individuals, to promote full access to community life ; and (2) in subsection (c), by striking Commissioner each place it appears and inserting ILA Director . 484. Authorization of appropriations Section 727 ( 29 U.S.C. 796f–6 ) is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . 4 Independent Living Services for Older Individuals who are Blind 486. Independent living services for older individuals who are blind Chapter 2 of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796j et seq.) is amended— (1) by redesignating sections 752 and 753 as sections 753 and 754, respectively; and (2) by inserting after section 751 the following: 752. Training and technical assistance (a) Grants; Contracts; Other Arrangements For any fiscal year for which the funds appropriated to carry out this chapter exceed the funds appropriated to carry out this chapter for fiscal year 2008, the Commissioner shall first reserve from such excess, to provide training and technical assistance to designated State agencies, or other providers of independent living services for older individuals who are blind, that are funded under this chapter for such fiscal year, not less than 1.8 percent, and not more than 2 percent, of the funds appropriated to carry out this chapter for the fiscal year involved. (b) Allocation From the funds reserved under subsection (a), the Commissioner shall make grants to, and enter into contracts and other arrangements with, entities that demonstrate expertise in the provision of services to older individuals who are blind, to provide training and technical assistance with respect to planning, developing, conducting, administering, and evaluating independent living programs for older individuals who are blind. (c) Funding Priorities The Commissioner shall conduct a survey of designated State agencies that receive grants under section 753 regarding training and technical assistance needs in order to determine funding priorities for grants, contracts, and other arrangements under this section. (d) Application To be eligible to receive a grant or enter into a contract or other arrangement under this section, an entity shall submit an application to the Commissioner at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. (e) Prohibition on Combined Funds No funds reserved by the Commissioner under this section may be combined with funds appropriated under any other Act or portion of this Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such reserved funds are separately identified in the agreement for such grant or payment and are used for the purposes of this chapter. . 487. Program of grants Section 753 of the Rehabilitation Act of 1973 (29 U.S.C. 796k), as redesignated by section 586, is amended— (1) by striking subsection (h); (2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; (3) in subsection (b), by striking section 753 and inserting section 754 ; (4) in subsection (c)— (A) in paragraph (1), by striking section 753 and inserting section 754 ; and (B) in paragraph (2)— (i) by striking subsection (j) and inserting subsection (i) ; and (ii) by striking subsection (i) and inserting subsection (h) ; (5) in subsection (g), by inserting , or contracts with, after grants to ; (6) in subsection (h), as redesignated by paragraph (2)— (A) in paragraph (1), by striking subsection (j)(4) and inserting subsection (i)(4) ; and (B) in paragraph (2)— (i) in subparagraph (A)(vi), by adding and after the semicolon; (ii) in subparagraph (B)(ii)(III), by striking ; and and inserting a period; and (iii) by striking subparagraph (C); and (7) in subsection (i), as redesignated by paragraph (2)— (A) by striking paragraph (2) and inserting the following: (2) Minimum allotment (A) States In the case of any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico, the amount referred to in paragraph (1)(A) for a fiscal year is the greater of— (i) $350,000; (ii) an amount equal to the amount the State, the District of Columbia, or the Commonwealth of Puerto Rico received to carry out this chapter for fiscal year 2008; or (iii) an amount equal to 1/3 of 1 percent of the amount appropriated under section 754, and not reserved under section 752, for the fiscal year and available for allotments under subsection (a). (B) Certain territories In the case of Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, the amount referred to in paragraph (1)(A) for a fiscal year is $60,000. ; (B) in paragraph (3)(A), by striking section 753 and inserting section 754, and not reserved under section 752, ; and (C) in paragraph (4)(B)(i), by striking subsection (i) and inserting subsection (h) . 488. Independent living services for older individuals who are blind authorization of appropriations Section 754 of the Rehabilitation Act of 1973 (29 U.S.C. 796l) , as redesignated by section 586, is amended by striking fiscal years 1999 through 2003 and inserting fiscal years 2013 through 2017 . I Increasing employment opportunities for individuals with disabilities 491. Disability employment The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended by adding at the end the following: VIII Increasing Employment Opportunities for Individuals with Disabilities 801. Public education campaigns about hiring individuals with disabilities (a) In general Not later than 120 days after the date of enactment of the Workforce Investment Act of 2012, the Secretary of Labor, acting through the Assistant Secretary and in coordination with the Commissioner of the Rehabilitation Services Administration, the Commissioner of Social Security, the Commissioner of the Internal Revenue Service, and the heads of other relevant Federal agencies and divisions of Federal agencies, shall develop and carry out public education campaigns that educate employers (including small businesses), employees (including individuals with disabilities), and members of the general public (including young adults) on the benefits of hiring individuals with disabilities. The public education campaign for employers (including small businesses) shall include information on— (1) the work opportunity credit under section 51 of the Internal Revenue Code of 1986; and (2) tax incentives available to businesses to help cover the cost of improving accessibility, including— (A) the disabled access credit under section 44 of the Internal Revenue Code of 1986; and (B) the tax deduction available under section 190 of the Internal Revenue Code of 1986, for expenses for architectural barrier removal. (b) Educational materials The public education campaigns described in subsection (a) shall include, as necessary, different educational materials in order to adequately target and educate, small businesses, employers generally, employees, and members of the general public, including educational materials on work incentives that may assist individuals with disabilities in leaving programs of public benefits, entering the workforce, advancing their economic status, and contributing to and participating more fully in their communities. . 492. Table of contents The table of contents in section 1(b) is amended— (1) by striking the item relating to section 109 and inserting the following: Sec. 109. Training and services for employers. ; (2) by inserting after the item relating to section 112 the following: Sec. 113. Additional technical assistance. Sec. 114. Pre-employment transition services. ; (3) by inserting after the item relating to section 205 the following: Sec. 206. Definition of covered school. ; (4) by inserting after the item relating to section 509 the following: Sec. 510. Establishment of standards for accessible medical diagnostic equipment. ; (5) by striking the items relating to part B of title VI and inserting the following: Part B—Supported employment services Sec. 620. Authorization of appropriations. ; (6) in the items relating to title VII— (A) (i) by inserting after the item relating to section 701 the following: Sec. 701A. Independent Living Administration. ; and (ii) by striking the item relating to section 706 and inserting the following: Sec. 706. Responsibilities of the ILA Director. ; (B) by inserting after the item relating to section 711 the following: Sec. 711A. Training and technical assistance. ; and (C) by striking the items relating to sections 752 and 753 and inserting the following: Sec. 752. Training and technical assistance. Sec. 753. Program of grants. Sec. 754. Authorization of appropriations. ; and (7) by adding at the end the following: TITLE VIII—INCREASING EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES Sec. 801. Public education campaigns about hiring individuals with disabilities. . | https://www.govinfo.gov/content/pkg/BILLS-113hr798ih/xml/BILLS-113hr798ih.xml |
113-hr-799 | I 113th CONGRESS 1st Session H. R. 799 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Tierney (for himself, Mr. Markey , Mr. Keating , Mr. Lynch , Mr. Jones , Mr. Langevin , and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide exclusive funding to support fisheries and the communities that rely upon them, to clear unnecessary regulatory burdens and streamline Federal fisheries management, and for other purposes.
1. Short title This Act may be cited as the Fisheries Disaster Relief and Research Investment Act . 2. Definitions Section 2(a) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3(a) ), is amended— (1) by redesignating paragraph (1) as paragraph (2); (2) by inserting before paragraph (2), as redesignated, the following: (1) The term fishery investment committee means a committee of a regional fishery management council established under subsection (c)(1). ; (3) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively; (4) by inserting before paragraph (4), as redesignated, the following: (3) The term regional fishery investment plan means a plan developed by a fishery investment committee under subsection (c)(2). ; and (5) by adding at the end the following: (8) The applicable definition under section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ), shall apply to any term used in this Act that is not defined under this subsection. . 3. Regional fisheries investment grant program (a) Regional Fisheries Investment Grant Program and Fishery Investment Plans Section 2 of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3 ), is amended by amending subsection (c) to read as follows: (c) Strengthening Regional Fisheries Management (1) Fishery investment committees (A) Establishment Each Council shall establish and maintain, under the authority of section 302(g) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(g) ), a fishery investment committee. Each fishery investment committee shall be comprised of not more than 13 individuals. (B) Authority Each fishery investment committee shall— (i) develop a regional fishery investment plan under subsection (c)(2); (ii) review grant applications and projects to implement its regional fishery investment plan; and (iii) make recommendations, based on its findings, to the Council on grant applications and projects to implement its regional fishery investment plan. (C) Membership (i) Qualifications Each member of a fishery investment committee shall be an individual who, by reason of the individual's occupational experience or other experience, scientific expertise, or training, is knowledgeable of the conservation and management of, or the commercial or recreational catch of, the fishery resources of the geographical area concerned. (ii) Nominations Each member of a fishery investment committee— (I) shall be nominated and elected by the applicable Council during a public meeting of the Council; (II) shall serve for a 3-year term; and (III) may be re-elected for an additional 3-year consecutive term. (iii) Conflicts of interest A member of a fishery investment committee shall recuse himself or herself from considering any grant application that the member has a financial interest that would require disclosure under section 302(j)(2) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(j)(2) ). (D) Composition Each fishery investment committee shall be multi-disciplinary, reflect the geographic balance of the Council, and include at least 1 representative of— (i) the commercial fishing community; (ii) the private recreational angling community; (iii) the for-profit charter fishing community; (iv) the public interest in marine conservation who— (I) does not derive an annual income from commercial or recreational fishing; and (II) is not employed by any person who derives an annual income from commercial or recreational fishing; (v) each State government in the region; (vi) relevant interstate commissions; (vii) federally recognized tribes, where applicable; and (viii) research institutions. (2) Regional Fishery Investment Plans Each fishery investment committee shall develop a regional fishery investment plan that identifies critical research, conservation, and management needs and corresponding actions to facilitate rebuilding and maintaining healthy fish populations and sustainable fisheries over a 5-year period. Each plan shall— (A) be consistent with the current 5-year research priority plans developed under section 302(h)(7) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(h)(7) ); (B) include areas of investment that are critical for rebuilding and maintaining healthy United States fish populations and promoting sustainable fisheries, including— (i) stock surveys, stock assessments and analysis, and cooperative fishery research, in conjunction with the National Oceanic and Atmospheric Administration, involving fishery participants, academic institutions, and other interested parties; (ii) efforts to improve the collection and accuracy of fishery catch data, including— (I) expanding the use of, and research and development on, catch monitoring and reporting programs and technology, both at-sea and shoreside, including the use of electronic monitoring devices and satellite tracking systems; and (II) improving data collection for recreational fisheries, including improvements to the Marine Recreational Fishery Statistics Survey in accordance with section 401(g)(3) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881(g)(3) ); (iii) analyzing the social and economic impacts of fishery management decisions; (iv) providing financial assistance to, and investment in, fishermen and fishing communities through— (I) fishing capacity reduction, including vessel, permit, and gear buybacks; and (II) investment in permit banks or trusts and other entities, including community fishing associations and projects designed to help sustain fishery dependent communities and small-scale fisheries; (v) development of methods or technologies to improve the quality and value of fish landed; (vi) research and development of conservation engineering technologies and methods in both commercial and recreational fisheries; and (vii) habitat restoration and protection; (C) be revised by the regional fishery investment committee and approved by the Council at least once every 5 years; (D) be submitted to the Secretary for review to ensure the plan is consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ), and this section; (E) be published in the Federal Register and made available for public comment; and (F) become effective not later than 60 days after the date of receipt unless the Secretary makes a negative consistency finding. (3) Negative consistency finding If the Secretary makes a negative consistency finding under paragraph (2)(F), each portion of the plan that is the subject of the negative consistency finding shall not be effective until it is made consistent by the regional fishery investment committee and the Council. (4) Regional Fishery Investment Grant Program Not later than 30 days after the date of enactment of the Fisheries Disaster Relief and Research Investment Act , the Secretary shall establish an annual competitive grant program to provide funds for projects, activities, and research that advance the regional priorities that are included in the regional fishery investment plans. (A) Eligible recipients State, Federal, regional, or private entities or persons shall be eligible for funding with preference given to public-private partnerships. (B) Awards The Secretary may only award a grant for a project, activity, or research that— (i) implements regional fishery investment plans; and (ii) has been recommended for funding by the respective regional fishery investment committee and approved by the Council. . (b) National Fisheries Investment Program Section 2(d) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3(d) ), is amended— (1) in paragraph (1), by striking research and development addressed to such aspects of United States fisheries (including, but not limited to, harvesting, processing, marketing, and associated infrastructures) if not adequately covered by projects assisted under subsection (c), as the Secretary deems appropriate and inserting fisheries research and investment that supports rebuilding and maintaining healthy United States fish populations and promotes sustainable fisheries. The program shall address fisheries needs and problems described under subsection (e)(1)(B). ; and (2) in paragraph (2)— (A) by striking , after consultation with appropriate representatives of the fishing industry, ; (B) by striking Merchant Marine and Fisheries and inserting Natural Resources ; (C) in subparagraph (A), by striking development goals and funding priorities under paragraph (1) and inserting investment priorities ; (D) in subparagraph (B), by striking all pending projects assisted under subsection (c) and all that follows and inserting the projects funded by the Secretary under this subsection; and ; and (E) in subparagraph (C), by striking each project assisted and all that follows and inserting how well the project met the fisheries needs described in subsection (e)(1). . (c) Division of resources Section 2(e)(1) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3(e)(1) ), is amended— (1) by striking moneys each place it appears and inserting monies ; (2) by striking purpose of promoting and inserting purposes of investing in ; (3) by inserting or diverted following shall be transferred ; and (4) by striking subparagraph (A) and all the follows through the end of the paragraph and inserting the following: (A) The Secretary shall allocate 70 percent of such monies available at the beginning of each fiscal year to the 8 Council regions and the Secretary in accordance with the following formula pursuant to subsection (c): (i) One-half allocated equally among the Council regions. (ii) One-half allocated proportionally among the Council regions based on the combined economic impact of commercial landings and recreational fishing in each region. (B) 20 percent of such monies shall be available to the Secretary under subsection (d) for projects addressing fisheries needs and problems, as identified by the Secretary, as follows: (i) Up to one-fifth shall be allocated to, and apportioned as the Secretary deems appropriate among, the Atlantic States Marine Fisheries Commission, the Gulf States Marine Fisheries Commission, and the Pacific States Marine Fisheries Commission. (ii) Up to one-fifth shall be allocated to seafood promotion and sustainable certification efforts. (iii) Up to one-fifth shall be allocated to improve fisheries’ management through research, monitoring or evaluation, and modification of regulations and procedures. (iv) Up to one-fifth shall be allocated to fisheries’ disasters, and shoreside infrastructure and access needs. (v) Up to one-fifth shall be allocated to other special needs, including management of highly migratory species and international fisheries. (C) Any of such monies remaining after the annual fiscal year allocations made pursuant to subparagraph (B) shall remain available to the Secretary without fiscal year limitation for future such allocations. (2) Limitation Not more than 10 percent of the monies referred to in paragraph (1) each fiscal year may be used to offset receipts for the National Oceanic and Atmospheric Administration’s Operations, Research, and Facilities account. (3) Annual notification The Secretary shall notify annually each Council of funds available for grants in its region. (4) Administrative costs Prior to the allocation of monies under paragraph (1) each fiscal year, the Secretary— (A) may reserve up to 3 percent of such monies for the administration of the grant program; and (B) shall distribute 3 percent of such monies equally among each of the 8 Councils for the development and implementation of fishery investment plans and grant review. (5) Maintenance of effort Except as provided in paragraph (2), the Secretary may not reduce or eliminate funding for any research, survey, monitoring, or assessment activities necessary to meet the conservation and management requirements of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) as a result of funding provided under this section. . (d) Fishery disaster assistance funding Notwithstanding any provision of section 2 of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3 ) and the amendments made by this Act, the Secretary of Commerce shall cause the amount transferred to the Secretary for fiscal year 2014 under subsection (b)(1) of such section to be distributed among eligible recipients of assistance for commercial fishery failures and fishery disasters declared by the Secretary of Commerce in calendar year 2012 under sections 308(b) and 308(d) of the Interjurisdicitional Fisheries Act ( 16 U.S.C. 4107 ) and sections 312(a) and 315 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(a) and 1864). 4. Focusing assets for improved fisheries outcomes Section 2(b) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3(b) ), is amended— (1) by striking (1) ; (2) by striking and ending on June 30, 1957, ; (3) by striking moneys the first place it appears and inserting monies ; and (4) by striking shall be maintained in a separate fund only for and all that follows and inserting and shall only be used for the purposes described under subsection (c). . 5. Regulation and procedure streamlining (a) In general For the 2 fiscal years following the date of enactment of this Act, the Secretary of Commerce shall use funds available under section 2(e)(2) of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3 ), to conduct a review of the regulations and procedures used to implement title III of the Magnuson-Stevens Fishery Conservation and Management Act (90 Stat. 346). (b) Review requirements The review under subsection (a) shall— (1) identify redundant and inefficient regulations and procedures; (2) make recommendations for streamlining such regulations and procedures, including recommendations to eliminate unnecessary paperwork, reduce bureaucratic restrictions, and speed the inclusion of new information into management decisions; and (3) ensure that any recommended modifications to regulations or procedures are consistent with the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ), and any other applicable law. 6. Promulgation of regulations Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate regulations to implement the requirements of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr799ih/xml/BILLS-113hr799ih.xml |
113-hr-800 | I 113th CONGRESS 1st Session H. R. 800 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Whitfield (for himself, Mr. Gene Green of Texas , Mr. Nunes , Mr. Kind , Ms. DeGette , Mr. Griffith of Virginia , Ms. Sewell of Alabama , Mr. Rogers of Michigan , Mr. Cassidy , Mr. Braley of Iowa , Mr. Sessions , Mrs. Blackburn , Mr. Shimkus , Mr. Walden , Mr. Himes , Mr. Guthrie , Mr. Hall , Mr. Tiberi , Mr. Olson , Mr. Webster of Florida , Mr. Courtney , Mr. Holt , Mr. Thompson of Mississippi , Ms. Linda T. Sánchez of California , Mrs. Capps , Mr. Bishop of New York , Mr. Hastings of Florida , Mr. Gingrey of Georgia , Mr. Flores , Mr. Burgess , Mr. Clay , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend part B of title XVIII of the Social Security Act to exclude customary prompt pay discounts from manufacturers to wholesalers from the average sales price for drugs and biologicals under Medicare.
1. Excluding customary prompt pay discounts from manufacturers to wholesalers from the average sales price for Medicare payments for drugs and biologicals (a) In general Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w–3a(c)(3)) is amended— (1) in the first sentence, by inserting (other than customary prompt pay discounts extended to wholesalers) after prompt pay discounts ; and (2) in the second sentence, by inserting (other than customary prompt pay discounts extended to wholesalers) after other price concessions . (b) Effective date The amendments made by this section shall apply to drugs and biologicals that are furnished on or after January 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr800ih/xml/BILLS-113hr800ih.xml |
113-hr-801 | I 113th CONGRESS 1st Session H. R. 801 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Womack (for himself, Mr. Himes , Mrs. Wagner , and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to make the shareholder threshold for registration of savings and loan holding companies the same as for bank holding companies.
1. Short title This Act may be cited as the Holding Company Registration Threshold Equalization Act of 2013 . 2. Registration threshold for savings and loan holding companies The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended— (1) in section 12(g)— (A) in paragraph (1)(B), by inserting after is a bank the following: , a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), ; and (B) in paragraph (4), by inserting after case of a bank the following: , a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), ; and (2) in section 15(d), by striking case of bank and inserting the following: case of a bank, a savings and loan holding company (as defined in section 10 of the Home Owners' Loan Act), . | https://www.govinfo.gov/content/pkg/BILLS-113hr801ih/xml/BILLS-113hr801ih.xml |
113-hr-802 | V 113th CONGRESS 1st Session H. R. 802 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Hunter introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona.
1. Permanent resident status for Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, or Pablo Dunoyer Cardona enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona, the Secretary of State shall instruct the proper officer to reduce by 4, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Roberto Luis Dunoyer Mejia, Consuelo Cardona Molina, Camilo Dunoyer Cardona, and Pablo Dunoyer Cardona shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr802ih/xml/BILLS-113hr802ih.xml |
113-hr-803 | I 113th CONGRESS 1st Session H. R. 803 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Foxx (for herself, Mr. Kline , Mr. Roe of Tennessee , Mr. Rokita , Mr. McKeon , Mr. Marchant , Mr. Salmon , Mr. Guthrie , Mr. DesJarlais , Mr. Bucshon , Mr. Heck of Nevada , Mrs. Brooks of Indiana , Mr. Messer , Mrs. Ellmers , and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on the Judiciary , Agriculture , Veterans’ Affairs , Energy and Commerce , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.
1. Short title This Act may be cited as the Supporting Knowledge and Investing in Lifelong Skills Act or the SKILLS Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Effective date. Title I—AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 102. Purpose. Sec. 103. State workforce investment boards. Sec. 104. State plan. Sec. 105. Local workforce investment areas. Sec. 106. Local workforce investment boards. Sec. 107. Local plan. Sec. 108. Establishment of one-stop delivery system. Sec. 109. Identification of eligible providers of training services. Sec. 110. General authorization. Sec. 111. State allotments. Sec. 112. Within State allocations. Sec. 113. Use of funds for employment and training activities. Sec. 114. Performance accountability system. Sec. 115. Authorization of appropriations. Subtitle C—Job Corps Sec. 116. Job Corps purposes. Sec. 117. Job Corps definitions. Sec. 118. Individuals eligible for the Job Corps. Sec. 119. Recruitment, screening, selection, and assignment of enrollees. Sec. 120. Job Corps centers. Sec. 121. Program activities. Sec. 122. Counseling and job placement. Sec. 123. Support. Sec. 124. Operations. Sec. 125. Community participation. Sec. 126. Workforce councils. Sec. 127. Technical assistance. Sec. 128. Special provisions. Sec. 129. Performance accountability management. Sec. 130. Closure of low-performing Job Corps centers. Sec. 131. Reforms for opening new Job Corps centers. Subtitle D—National Programs Sec. 132. Technical assistance. Sec. 133. Evaluations. Subtitle E—Administration Sec. 134. Requirements and restrictions. Sec. 135. Prompt allocation of funds. Sec. 136. Fiscal controls; sanctions. Sec. 137. Reports to Congress. Sec. 138. Administrative provisions. Sec. 139. State legislative authority. Sec. 140. General program requirements. Sec. 141. Department Staff. Subtitle F—State Unified Plan Sec. 142. State unified plan. Title II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Amendment. Title III—AMENDMENTS TO THE WAGNER-PEYSER ACT Sec. 301. Amendments to the Wagner-Peyser Act. Title IV—REPEALS AND CONFORMING AMENDMENTS Sec. 401. Repeals. Sec. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Sec. 403. Amendments to the Food and Nutrition Act of 2008. Sec. 404. Amendments to section 412 of the Immigration and Nationality Act. Sec. 405. Amendments relating to the Second Chance Act of 2007. Sec. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968. Sec. 407. H–1B nonimmigrant petitioner account. Sec. 408. Conforming amendments to the United States Code. Sec. 409. Conforming amendment to table of contents. Title V—AMENDMENTS TO THE REHABILITATION ACT OF 1973 Sec. 501. Findings. Sec. 502. Rehabilitation services administration. Sec. 503. Definitions. Sec. 504. State plan. Sec. 505. Scope of services. Sec. 506. Standards and indicators. Sec. 507. Collaboration with industry. Sec. 508. Reservation for expanded transition services. Sec. 509. Client assistance program. Sec. 510. Title III amendments. Sec. 511. Repeal of title VI. Sec. 512. Chairperson. Sec. 513. Authorizations of appropriations. Sec. 514. Conforming amendments. 3. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Workforce Investment Act of 1998 ( 29 U.S.C. 9201 et seq. ). 4. Effective date Except as otherwise provided, this Act and the amendments made by this Act shall be effective with respect to fiscal year 2014 and succeeding fiscal years. I AMENDMENTS TO THE WORKFORCE INVESTMENT ACT of 1998 A Workforce Investment Definitions 101. Definitions Section 101 ( 29 U.S.C. 2801 ) is amended— (1) by striking paragraphs (13) and (24); (2) by redesignating paragraphs (1) through (12) as paragraphs (3) through (14), and paragraphs (14) through (23) as paragraphs (15) through (24), respectively; (3) by striking paragraphs (52) and (53); (4) by inserting after In this title: the following new paragraphs: (1) Accrued expenditures The term accrued expenditures means charges incurred by recipients of funds under this title for a given period requiring the provision of funds for goods or other tangible property received; services performed by employees, contractors, subgrantees, subcontractors, and other payees; and other amounts becoming owed under programs assisted under this title for which no current services or performance is required, such as annuities, insurance claims, and other benefit payments. (2) Administrative costs The term administrative costs means expenditures incurred by State and local workforce investment boards, direct recipients (including State grant recipients under subtitle B and recipients of awards under subtitles C and D), local grant recipients, local fiscal agents or local grant subrecipients, and one-stop operators in the performance of administrative functions and in carrying out activities under this title which are not related to the direct provision of workforce investment services (including services to participants and employers). Such costs include both personnel and non-personnel and both direct and indirect. ; (5) in paragraph (3) (as so redesignated), by striking Except in sections 127 and 132, the and inserting The ; (6) by amending paragraph (5) (as so redesignated) to read as follows: (5) Area career and technical education school The term area career and technical education school has the meaning given the term in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)). ; (7) in paragraph (6) (as so redesignated), by inserting (or such other level as the Governor may establish) after 8th grade level ; (8) in paragraph (10)(C) (as so redesignated), by striking not less than 50 percent of the cost of the training and inserting a significant portion of the cost of training, as determined by the local board (or, in the case of an employer in multiple local areas in the State, as determined by the Governor), taking into account the size of the employer and such other factors as the local board determines to be appropriate ; (9) in paragraph (11) (as so redesignated)— (A) in subparagraph (A)(ii)(II), by striking section 134(c) and inserting section 121(e) ; (B) in subparagraph (B)(iii)— (i) by striking 134(d)(4) and inserting 134(c)(4) ; and (ii) by striking intensive services described in section 134(d)(3) and inserting work ready services described in section 117(d)(5)(C) ; (C) in subparagraph (C), by striking or after the semicolon; (D) in subparagraph (D), by striking the period and inserting ; or ; and (E) by adding at the end the following: (E) (i) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) who has experienced a loss of employment as a direct result of relocation to accommodate a permanent change in duty station of such member; or (ii) is the spouse of a member of the Armed Forces on active duty who meets the criteria described in paragraph (12)(B). ; (10) in paragraph (12)(A) (as redesignated)— (A) by striking and after the semicolon and inserting or ; (B) by striking (A) and inserting (A)(i) ; and (C) by adding at the end the following: (ii) is the spouse of a member of the Armed Forces on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code) whose family income is significantly reduced because of a deployment (as defined in section 991(b) of title 10, United States Code, or pursuant to paragraph (4) of such section), a call or order to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, a permanent change of station, or the service-connected (as defined in section 101(16) of title 38, United States Code) death or disability of the member; and ; (11) in paragraph (13) (as so redesignated), by inserting or regional after local each place it appears; (12) in paragraph (14) (as so redesignated)— (A) in subparagraph (A), by striking section 122(e)(3) and inserting section 122 ; (B) by striking subparagraph (B), and inserting the following: (B) work ready services, means a provider who is identified or awarded a contract as described in section 117(d)(5)(C); or ; and (C) by striking subparagraph (C); (13) in paragraph (15) (as so redesignated), by striking adult or dislocated worker and inserting individual ; (14) in paragraph (25)— (A) in subparagraph (B), by striking higher of— and all that follows through clause (ii) and inserting poverty line for an equivalent period; ; (B) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (C) by inserting after subparagraph (C) the following: (D) receives or is eligible to receive free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); ; (15) in paragraph (32), by striking the Republic of the Marshall Islands, the Federated States of Micronesia, ; (16) by amending paragraph (33) to read as follows: (33) Out-of-school youth The term out-of-school youth means— (A) an at-risk youth who is a school dropout; or (B) an at-risk youth who has received a secondary school diploma or its recognized equivalent but is basic skills deficient, unemployed, or underemployed. . (17) in paragraph (38), by striking 134(a)(1)(A) and inserting 134(a)(1)(B) ; (18) by amending paragraph (49) to read as follows: (49) Veteran The term veteran has the same meaning given the term in section 2108(1) of title 5, United States Code. ; (19) by amending paragraph (50) to read as follows: (50) Career and technical education The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ; (20) in paragraph (51) by striking , and a youth activity ; and (21) by adding at the end the following: (52) At-risk youth Except as provided in subtitle C, the term at-risk youth means an individual who— (A) is not less than age 16 and not more than age 24; (B) is a low-income individual; and (C) is an individual who is one or more of the following: (i) a secondary school dropout; (ii) a youth in foster care (including youth aging out of foster care); (iii) a youth offender; (iv) a youth who is an individual with a disability; or (v) a migrant youth. (53) Industry or sector partnership The term industry or sector partnership means a partnership of a State or local board and one or more industries and other entities that have the capability to help the State or local board determine the immediate and long term skilled workforce needs of in-demand industries and other occupations important to the State or local economy, respectively. (54) Industry-recognized credential The term industry-recognized credential means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (55) Recognized postsecondary credential The term ‘recognized postsecondary credential’ means a credential awarded by a training provider or postsecondary educational institution based on completion of all requirements for a program of study, including coursework or tests or other performance evaluations. The term includes an industry-recognized credential, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree. . B Statewide and Local Workforce Investment Systems 102. Purpose Section 106 ( 29 U.S.C. 2811 ) is amended by adding at the end the following: It is also the purpose of this subtitle to provide workforce investment activities in a manner that enhances employer engagement, promotes customer choices in the selection of training services, and ensures accountability in the use of the taxpayer funds. . 103. State workforce investment boards Section 111 ( 29 U.S.C. 2821 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (B) (as so redesignated)— (I) by amending clause (i)(I), by striking section 117(b)(2)(A)(i) and inserting section 117(b)(2)(A) ; (II) by amending clause (i)(II) to read as follows: (II) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the State economy; and ; (III) by striking clause (iii) and inserting the following: (iii) a State agency official responsible for economic development; and ; (IV) by striking clauses (iv) through (vi); (V) by amending clause (vii) to read as follows: (vii) such other representatives and State agency officials as the Governor may designate, including— (I) members of the State legislature; (II) representatives of individuals and organizations that have experience with respect to youth activities; (III) representatives of individuals and organizations that have experience and expertise in the delivery of workforce investment activities, including chief executive officers of community colleges and community-based organizations within the State; (IV) representatives of the lead State agency officials with responsibility for the programs and activities that are described in section 121(b) and carried out by one-stop partners; or (V) representatives of veterans service organizations; and ; and (VI) by redesignating clause (vii) (as so amended) as clause (iv); and (B) by amending paragraph (3) to read as follows: (3) Majority A 2/3 majority of the members of the board shall be representatives described in paragraph (1)(B)(i). ; (2) in subsection (c), by striking (b)(1)(C)(i) and inserting (b)(1)(B)(i) ; (3) by amending subsection (d) to read as follows: (d) Functions The State board shall assist the Governor of the State as follows: (1) State plan Consistent with section 112, develop a State plan. (2) Statewide workforce development system Review and develop statewide policies and programs in the State in a manner that supports a comprehensive Statewide workforce development system that will result in meeting the workforce needs of the State and its local areas. Such review shall include determining whether the State should consolidate additional programs into the Workforce Investment Fund in accordance with section 501(e). (3) Workforce and labor market information system Develop a statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act, which may include using existing information conducted by the State economic development entity or related entity in developing such system. (4) Employer engagement Develop strategies across local areas that meet the needs of employers and support economic growth in the State by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (5) Designation of local areas Designate local areas as required under section 116. (6) One-stop delivery system Identify and disseminate information on best practices for effective operation of one-stop centers, including use of innovative business outreach, partnerships, and service delivery strategies. (7) Program oversight Conduct the following program oversight: (A) Reviewing and approving local plans under section 118. (B) Ensuring the appropriate use and management of the funds provided for State employment and training activities authorized under section 134. (C) Preparing an annual report to the Secretary described in section 136(d). (8) Development of performance measures Develop and ensure continuous improvement of comprehensive State performance measures, including State adjusted levels of performance, as described under section 136(b). ; (4) by striking subsection (e) and redesignating subsection (f) as subsection (e); (5) in subsection (e) (as so redesignated), by inserting or participate in any action taken after vote ; (6) by inserting after subsection (e) (as so redesignated), the following: (f) Staff The State board may employ staff to assist in carrying out the functions described in subsection (d). ; and (7) in subsection (g), by inserting electronic means and after on a regular basis through . 104. State plan Section 112 (29 U.S.C. 2822)— (1) in subsection (a)— (A) by striking 127 or ; and (B) by striking 5-year strategy and inserting 3-year strategy ; (2) in subsection (b)— (A) by amending paragraph (4) to read as follows: (4) information describing— (A) the economic conditions in the State; (B) the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the State economy; (C) the knowledge and skills of the workforce in the State; and (D) workforce development activities (including education and training) in the State; ; (B) by amending paragraph (7) to read as follows: (7) a description of the State criteria for determining the eligibility of training providers in accordance with section 122, including how the State will take into account the performance of providers and whether the training programs relate to occupations that are in-demand; ; (C) by amending paragraph (8) to read as follows: (8) (A) a description of the procedures that will be taken by the State to assure coordination of, and avoid duplication among, the programs and activities identified under section 501(b)(2); and (B) a description of common data collection and reporting processes used for the programs and activities described in subparagraph (A), which are carried out by one-stop partners, including— (i) assurances that such processes use quarterly wage records for performance measures described in section 136(b)(2)(A) that are applicable to such programs or activities; or (ii) if such wage records are not being used for the performance measures, an identification of the barriers to using such wage records and a description of how the State will address such barriers within one year of the approval of the plan; ; (D) in paragraph (9), by striking , including comment by representatives of businesses and representatives of labor organizations, ; (E) in paragraph (11), by striking under sections 127 and 132 and inserting under section 132 ; (F) by striking paragraph (12); (G) by redesignating paragraphs (13) through (18) as paragraphs (12) through (17), respectively; (H) in paragraph (12) (as so redesignated), by striking 111(f) and inserting 111(e) ; (I) in paragraph (13) (as so redesignated), by striking 134(c) and inserting 121(e) ; (J) in paragraph (14) (as so redesignated), by striking 116(a)(5) and inserting 116(a)(4) ; (K) in paragraph (16) (as so redesignated)— (i) in subparagraph (A)— (I) in clause (ii), by striking to dislocated workers ; (II) in clause (iii), by striking 134(d)(4) and inserting 134(c)(4) ; (III) by striking and at the end of clause (iii); (IV) by amending clause (iv) to read as follows: (iv) how the State will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as supplemental nutrition assistance program benefits pursuant to the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. )), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled and homeless veterans), and Native Americans; and ; and (V) by adding at the end the following new clause: (v) how the State will— (I) consistent with section 188 and Executive Order 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (II) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; ; and (ii) in subparagraph (B), by striking to the extent practicable and inserting in accordance with the requirements of the Jobs for Veterans Act ( Public Law 107–288 ) and the amendments made by such Act ; and (L) by striking paragraph (17) (as so redesignated) and inserting the following: (17) a description of the strategies and services that will be used in the State— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the State economy; (B) to meet the needs of employers in the State; and (C) to better coordinate workforce development programs with economic development activities; (18) a description of how the State board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State economy, and (C) to address critical skill gaps within and across industries; (19) a description of how the State will utilize technology to facilitate access to services in remote areas, which may be used throughout the State; (20) a description of the State strategy and assistance to be provided for encouraging regional cooperation within the State and across State borders, as appropriate; (21) a description of the actions that will be taken by the State to foster communication, coordination, and partnerships with non-profit organizations (including public libraries, community, faith-based, and philanthropic organizations) that provide employment-related, training, and complementary services, to enhance the quality and comprehensiveness of services available to participants under this title; (22) a description of the process and methodology for determining— (A) one-stop partner program contributions for the cost of the infrastructure of one-stop centers under section 121(h)(1); and (B) the formula for allocating such infrastructure funds to local areas under section 121(h)(3); (23) a description of the strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the State and local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; and (24) a description of— (A) how the State will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the State to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the State. ; (3) in subsection (c), by striking period, that— all that follows through paragraph (2) and inserting period, that the plan is inconsistent with the provisions of this title. ; and (4) in subsection (d), by striking 5-year and inserting 3-year . 105. Local workforce investment areas Section 116 ( 29 U.S.C. 2831 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking Except as provided in subsection (b), and consistent with paragraphs (2), (3), and (4), in and inserting In ; and (II) by striking 127 or ; and (ii) by amending subparagraph (B) to read as follows: (B) Considerations In making the designation of local areas, the Governor shall take into consideration the following: (i) The extent to which such local areas are consistent with labor market areas. (ii) The extent to which labor market areas align with economic development regions. (iii) Whether such local areas have the appropriate education and training providers to meet the needs of the local workforce. (iv) The distance that individuals will need to travel to receive services provided in such local areas. ; (B) by amending paragraph (2) to read as follows: (2) Technical assistance The Secretary shall, if requested by the Governor of a State, provide the State with technical assistance in making the determinations required under paragraph (1). The Secretary shall not issue regulations governing determinations to be made under paragraph (1). ; (C) by striking paragraph (3) and inserting the following: (3) Designation on recommendation of state board The Governor may approve a request from any unit of general local government (including a combination of such units) for designation as a local area under paragraph (1) if the State board determines, taking into account the factors described in clauses (i) through (iv) of paragraph (1)(B), and recommends to the Governor, that such area shall be so designated. ; (D) by striking paragraph (4); and (E) by redesignating paragraph (5) as paragraph (4); (2) by amending subsection (b) to read as follows: (b) Single states Consistent with subsection (a)(1)(B), the Governor may designate a State as a single State local area for the purposes of this title. ; and (3) in subsection (c)— (A) in paragraph (1), by adding at the end the following: The State may require the local boards for the designated region to prepare a single regional plan that incorporates the elements of the local plan under section 118 and that is submitted and approved in lieu of separate local plans under such section. ; and (B) in paragraph (2), by striking employment statistics and inserting workforce and labor market information . 106. Local workforce investment boards Section 117 ( 29 U.S.C. 2832 ) is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by striking include— and all that follows through representatives and inserting include representatives ; (II) by striking clauses (ii) through (vi); (III) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively (and by moving the margins of such clauses 2 ems to the left); (IV) by striking clause (ii) (as so redesignated) and inserting the following: (ii) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and ; and (V) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ; and ; and (ii) by amending subparagraph (B) to read as follows: (B) may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate, including— (i) a superintendent of the local secondary school system, the president or chief executive officer of a postsecondary educational institution (including a community college, where such an entity exists), or an administrator of local entities providing adult education and literacy activities; (ii) representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); or (iii) representatives of veterans service organizations. ; (B) in paragraph (4)— (i) by striking A majority and inserting A 2/3 majority ; and (ii) by striking (2)(A)(i) and inserting (2)(A) ; and (C) in paragraph (5) by striking (2)(A)(i) and inserting (2)(A) ; (2) by striking subsection (c)(1)(C); (3) by amending subsection (d) to read as follows: (d) Functions of local board The functions of the local board shall include the following: (1) Local plan Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. (2) Workforce research and regional labor market analysis (A) In general The local board shall— (i) conduct, and regularly update, an analysis of— (I) the economic conditions in the local area; (II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; (III) the knowledge and skills of the workforce in the local area; and (IV) workforce development activities (including education and training) in the local area; and (ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act. (B) Existing analysis A local board shall use existing analysis by the local economic development entity or related entity in order to carry out requirements of subparagraph (A)(i). (3) Employer engagement The local Board shall meet the needs of employers and support economic growth in the local area by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers. (4) Budget and administration (A) Budget (i) In general The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. (ii) Training reservation In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(c)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage of funds to reserve under this clause. (B) Administration (i) Grant recipient (I) In general The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under section 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. (II) Designation In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). (III) Disbursal The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. (ii) Staff The local board may employ staff to assist in carrying out the functions described in this subsection. (iii) Grants and donations The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. (5) Selection of operators and providers (A) Selection of one-stop operators Consistent with section 121(d), the local board, with the agreement of the chief elected official— (i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and (ii) may terminate for cause the eligibility of such operators. (B) Identification of eligible training service providers Consistent with this subtitle, the local board shall identify eligible providers of training services described in section 134(c)(4), in the local area. (C) Identification of eligible providers of work ready services If the one-stop operator does not provide the services described in section 134(c)(2) in the local area, the local board shall identify eligible providers of such services in the local area by awarding contracts. (6) Program oversight The local board, in partnership with the chief elected official, shall be responsible for— (A) ensuring the appropriate use and management of the funds provided for local employment and training activities authorized under section 134(b); and (B) conducting oversight of the one-stop delivery system in the local area authorized under section 121. (7) Negotiation of local performance measures The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). (8) Technology improvements The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas. ; (4) in subsection (e)— (A) by inserting electronic means and after regular basis through ; and (B) by striking and the award of grants or contracts to eligible providers of youth activities, ; (5) in subsection (f)— (A) in paragraph (1)(A), by striking section 134(d)(4) and inserting section 134(c)(4) ; and (B) by striking paragraph (2) and inserting the following: (2) Work ready services, designation, or certification as one-stop operators A local board may provide work ready services described in section 134(c)(2) through a one-stop delivery system described in section 121 or be designated or certified as a one-stop operator only with the agreement of the chief elected official and the Governor. ; (6) in subsection (g)(1), by inserting or participate in any action taken after vote ; and (7) by striking subsections (h) and (i). 107. Local plan Section 118 (29 U.S.C. 2833) is amended— (1) in subsection (a), by striking 5-year and inserting 3-year ; (2) by amending subsection (b) to read as follows: (b) Contents The local plan shall include— (1) a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; (2) a description of the one-stop delivery system in the local area, including— (A) a description of how the local board will ensure— (i) the continuous improvement of eligible providers of services through the system; and (ii) that such providers meet the employment needs of local businesses and participants; and (B) a description of how the local board will facilitate access to services provided through the one-stop delivery system consistent with section 117(d)(8); (3) a description of the strategies and services that will be used in the local area— (A) to more fully engage employers, including small businesses and employers in in-demand industries and occupations important to the local economy; (B) to meet the needs of employers in the local area; (C) to better coordinate workforce development programs with economic development activities; and (D) to better coordinate workforce development programs with employment, training, and literacy services carried out by nonprofit organizations, including public libraries, as appropriate; (4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster— (A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; (B) to address the immediate and long-term skilled workforce needs of in-demand industries, small businesses, and other occupations important to the local economy; and (C) to address critical skill gaps within and across industries; (5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(c)(4); (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate; (7) a description of how the local area will— (A) coordinate activities with the local area’s disability community and with services provided under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A)(i)(VIII) ) by local educational agencies serving such local area to make available comprehensive, high-quality services to individuals with disabilities; (B) consistent with section 188 and Executive Order 13217 ( 42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and (C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; (8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be— (A) used to measure the performance of the local area; and (B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; (9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; (10) a description of how the local area will serve the employment and training needs of dislocated workers (including displaced homemakers), low-income individuals (including recipients of public assistance such as the Supplemental Nutrition Assistance Program), long-term unemployed individuals (including individuals who have exhausted entitlement to State and Federal unemployment compensation), English learners, homeless individuals, individuals training for nontraditional employment, youth (including out-of-school youth and at-risk youth), older workers, ex-offenders, migrant and seasonal farmworkers, refugee and entrants, veterans (including disabled veterans and homeless veterans), and Native Americans; (11) an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section; (12) a description of the strategies and services that will be used in the local area to assist at-risk youth and out-of-school youth in acquiring the education and skills, credentials (including recognized postsecondary credentials and industry-recognized credentials), and employment experience to succeed in the labor market, including— (A) training and internships in in-demand industries or occupations important to the local economy; (B) dropout recovery activities that are designed to lead to the attainment of a regular secondary school diploma or its recognized equivalent, or other State recognized equivalent (including recognized alternative standards for individuals with disabilities); and (C) activities combining remediation of academic skills, work readiness training, and work experience, and including linkages to postsecondary education and training and career-ladder employment; (13) a description of— (A) how the local area will furnish employment, training, supportive, and placement services to veterans, including disabled and homeless veterans; (B) the strategies and services that will be used in the local area to assist and expedite reintegration of homeless veterans into the labor force; and (C) the veteran population to be served in the local area; (14) a description of— (A) the duties assigned to the veteran employment specialist consistent with the requirements of section 134(f); (B) the manner in which the veteran employment specialist is integrated into the One-Stop Career System described in section 121; (C) the date on which the veteran employment specialist was assigned; and (D) whether the veteran employment specialist has satisfactorily competed such training by the National Veterans' Employment and Training Services Institute; and (15) such other information as the Governor may require. ; (3) in subsection (c)(1), by striking such means and inserting electronic means such ; and (4) in subsection (c)(2), by striking , including representatives of business and representatives of labor organizations, . 108. Establishment of one-stop delivery system Section 121 ( 29 U.S.C. 2841 ) is amended— (1) in subsection (b)— (A) by striking subparagraph (A) of paragraph (1) and inserting the following: (A) Roles and responsibilities of one-stop partners Each entity that carries out a program or activities described in subparagraph (B) shall— (i) provide access through the one-stop delivery system to the program and activities carried out by the entity, including making the work ready services described in section 134(c)(2) that are applicable to the program of the entity available at one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available to the program of the entity to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board relating to the operation of the one-stop delivery system that meets the requirements of subsection (c); and (iv) participate in the operation of the one-stop delivery system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the programs carried out by the entity. ; (B) in paragraph (1)(B)— (i) by striking clauses (ii), (v), and (vi); (ii) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (iii) by redesignating clauses (vii) through (xii) as clauses (iv) through (ix), respectively; (iv) in clause (viii), as so redesignated, by striking and at the end; (v) in clause (ix), as so redesignated, by striking the period and inserting ; and ; and (vi) by adding at the end the following: (x) subject to subparagraph (C), programs authorized under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) . ; (C) by inserting after subparagraph (B) the following: (C) Determination by the governor Each entity carrying out a program described in subparagraph (B)(x) shall carry out the required partner activities described in subparagraph (A) unless the Governor of the State in which the local area is located provides the Secretary and Secretary of Health and Human Services written notice of a determination by the Governor that such entities shall not carry out such required partner activities. ; and (D) in paragraph (2)— (i) in subparagraph (A)(i), by striking section 134(d)(2) and inserting section 134(c)(2) ; and (ii) in subparagraph (B)— (I) by striking clauses (i), (ii), and (v); (II) in clause (iv), by striking and at the end; (III) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; and (IV) by adding at the end the following: (iii) employment and training programs administered by the Commissioner of the Social Security Administration; (iv) employment and training programs carried out by the Administrator of the Small Business Administration; (v) employment, training, and literacy services carried out by public libraries; and (vi) other appropriate Federal, State, or local programs, including programs in the private sector. ; (2) in subsection (c)(2), by amending subparagraph (A) to read as follows: (A) provisions describing— (i) the services to be provided through the one-stop delivery system consistent with the requirements of this section, including the manner in which the services will be coordinated through such system; (ii) how the costs of such services and the operating costs of such system will be funded, through cash and in-kind contributions, to provide a stable and equitable funding stream for ongoing one-stop system operations, including the funding of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities, including referrals for nontraditional employment; and (iv) the duration of the memorandum of understanding and the procedures for amending the memorandum during the term of the memorandum, and assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services; and ; (3) in subsection (d)— (A) in the heading for paragraph (1), by striking Designation and certification and inserting Local designation and certification ; (B) in paragraph (2)— (i) by striking section 134(c) and inserting subsection (e) ; (ii) by amending subparagraph (A) to read as follows: (A) shall be designated or certified as a one-stop operator through a competitive process; and ; and (iii) in subparagraph (B), by striking clause (ii) and redesignating clauses (iii) through (vi) as clauses (ii) through (v), respectively; and (C) in paragraph (3), by striking vocational and inserting career and technical ; (4) by amending subsection (e) to read as follows: (e) Establishment of one-Stop delivery system (1) In general There shall be established in a State that receives an allotment under section 132(b) a one-stop delivery system, which shall— (A) provide the work ready services described in section 134(c)(2); (B) provide access to training services as described in section 134(c)(4), including serving as the point of access to career enhancement accounts for training services to participants in accordance with paragraph (4)(F) of such section; (C) provide access to the activities carried out under section 134(d), if any; (D) provide access to programs and activities carried out by one-stop partners that are described in subsection (b) of this section; and (E) provide access to the information described in section 15(e) of the Wagner-Peyser Act (29 U.S.C. 49l–2(e)). (2) One-stop delivery At a minimum, the one-stop delivery system— (A) shall make each of the programs, services, and activities described in paragraph (1) accessible at not less than one physical center in each local area of the State; and (B) may also make programs, services, and activities described in paragraph (1) available— (i) through a network of affiliated sites that can provide one or more of the programs, services, and activities to individuals; and (ii) through a network of eligible one-stop partners— (I) in which each partner provides one or more of the programs, services, and activities to such individuals and is accessible at an affiliated site that consists of a physical location or an electronically- or technologically-linked access point; and (II) that assures individuals that information on the availability of the work ready services will be available regardless of where the individuals initially enter the statewide workforce investment system, including information made available through an access point described in subclause (I). (3) Specialized centers The centers and sites described in paragraph (2) may have a specialization in addressing special needs. ; and (5) by adding at the end the following: (g) Certification of one-Stop centers (1) In general (A) In general The State board shall establish objective procedures and criteria for certifying, at least once every 3 years, one-stop centers for the purpose of awarding the one-stop infrastructure funding described in subsection (h). (B) Criteria The criteria for certification under this subsection shall include— (i) meeting all of the expected levels of performance for each of the core indicators of performance as outlined in the State plan under section 112; (ii) meeting minimum standards relating to the scope and degree of service integration achieved by the centers involving the programs provided by the one-stop partners; and (iii) meeting minimum standards relating to how the centers ensure that eligible providers meet the employment needs of local employers and participants. (C) Effect of certification One-stop centers certified under this subsection shall be eligible to receive the infrastructure grants authorized under subsection (h). (2) Local boards Consistent with the criteria developed by the State, the local board may develop additional criteria of higher standards to respond to local labor market and demographic conditions and trends. (h) One-Stop infrastructure funding (1) Partner contributions (A) Provision of funds Notwithstanding any other provision of law, as determined under subparagraph (B), a portion of the Federal funds provided to the State and areas within the State under the Federal laws authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in (b)(2)(B) for a fiscal year shall be provided to the Governor by such programs to carry out this subsection. (B) Determination of governor (i) In general Subject to subparagraph (C), the Governor, in consultation with the State board, shall determine the portion of funds to be provided under subparagraph (A) by each one-stop partner and in making such determination shall consider the proportionate use of the one-stop centers by each partner, the costs of administration for purposes not related to one-stop centers for each partner, and other relevant factors described in paragraph (3). (ii) Special rule In those States where the State constitution places policy-making authority that is independent of the authority of the Governor in an entity or official with respect to the funds provided for adult education and literacy activities authorized under title II of this Act and for postsecondary career education activities authorized under the Carl D. Perkins Career and Technical Education Act, the determination described in clause (i) with respect to such programs shall be made by the Governor with the appropriate entity or official with such independent policy-making authority. (iii) Appeal by one-stop partners The Governor shall establish a procedure for the one-stop partner administering a program described in subsection (b) to appeal a determination regarding the portion of funds to be contributed under this paragraph on the basis that such determination is inconsistent with the criteria described in the State plan or with the requirements of this paragraph. Such procedure shall ensure prompt resolution of the appeal. (C) Limitations (i) Provision from administrative funds The funds provided under this paragraph by each one-stop partner shall be provided only from funds available for the costs of administration under the program administered by such partner, and shall be subject to the limitations with respect to the portion of funds under such programs that may be used for administration. (ii) Federal direct spending programs Programs that are Federal direct spending under section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c)(8) ) shall not, for purposes of this paragraph, be required to provide an amount in excess of the amount determined to be equivalent to the proportionate use of the one-stop centers by such programs in the State. (2) Allocation by governor From the funds provided under paragraph (1), the Governor shall allocate funds to local areas in accordance with the formula established under paragraph (3) for the purposes of assisting in paying the costs of the infrastructure of one-stop centers certified under subsection (g). (3) Allocation formula The State board shall develop a formula to be used by the Governor to allocate the funds described in paragraph (1). The formula shall include such factors as the State board determines are appropriate, which may include factors such as the number of centers in the local area that have been certified, the population served by such centers, and the performance of such centers. (4) Costs of infrastructure For purposes of this subsection, the term costs of infrastructure means the nonpersonnel costs that are necessary for the general operation of a one-stop center, including the rental costs of the facilities, the costs of utilities and maintenance, and equipment (including assistive technology for individuals with disabilities). (i) Other funds (1) In general In addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the one-stop partner programs described in subsection (b)(1)(B) and participating additional partner programs described in subsection (b)(2)(B), or the noncash resources available under such programs shall be used to pay the costs relating to the operation of the one-stop delivery system that are not paid for from the funds provided under subsection (h), to the extent not inconsistent with the Federal law involved including— (A) infrastructure costs that are in excess of the funds provided under subsection (h); (B) common costs that are in addition to the costs of infrastructure; and (C) the costs of the provision of work ready services applicable to each program. (2) Determination and guidance The method for determining the appropriate portion of funds and noncash resources to be provided by each program under paragraph (1) shall be determined as part of the memorandum of understanding under subsection (c). The State board shall provide guidance to facilitate the determination of appropriate allocation of the funds and noncash resources in local areas. . 109. Identification of eligible providers of training services Section 122 ( 29 U.S.C. 2842 ) is amended to read as follows: 122. Identification of eligible providers of training services (a) Eligibility (1) In general The Governor, after consultation with the State board, shall establish criteria and procedures regarding the eligibility of providers of training services described in section 134(c)(4) to receive funds provided under section 133(b) for the provision of such training services. (2) Providers Subject to the provisions of this section, to be eligible to receive the funds provided under section 133(b) for the provision of training services, the provider shall be— (A) a postsecondary educational institution that— (i) is eligible to receive Federal funds under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); and (ii) provides a program that leads to a recognized postsecondary credential; (B) an entity that carries out programs under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); or (C) another public or private provider of a program of training services. (3) Inclusion in list of eligible providers A provider described in subparagraph (A) or (C) of paragraph (2) shall comply with the criteria and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d). A provider described in paragraph (2)(B) shall be included on the list of eligible providers of training services described in subsection (d) for so long as the provider remains certified by the Secretary of Labor to carry out the programs described in paragraph (2)(B). (b) Criteria (1) In general The criteria established pursuant to subsection (a) shall take into account— (A) the performance of providers of training services with respect to the performance measures described in section 136 and other matters for which information is required under paragraph (2) and other appropriate measures of performance outcomes for those participants receiving training services under this subtitle; (B) whether the training programs of such providers relate to occupations that are in demand; (C) the need to ensure access to training services throughout the State, including in rural areas; (D) the ability of providers to offer programs that lead to a recognized postsecondary credential; (E) the information such providers are required to report to State agencies with respect to other Federal and State programs (other than the program carried out under this subtitle), including one-stop partner programs; and (F) such other factors as the Governor determines are appropriate. (2) Information The criteria established by the Governor shall require that a provider of training services submit appropriate, accurate, and timely information to the State for purposes of carrying out subsection (d), with respect to participants receiving training services under this subtitle in the applicable program, including— (A) information on recognized postsecondary credentials received by such participants; (B) information on costs of attendance for such participants; (C) information on the program completion rate for such participants; and (D) information on the performance of the provider with respect to the performance measures described in section 136 for such participants. (3) Renewal The criteria established by the Governor shall also provide for a review every 3 years and renewal of eligibility under this section for providers of training services. (4) Local criteria A local board in the State may establish criteria in addition to the criteria established by the Governor, or may require higher levels of performance than required under the criteria established by the Governor, for purposes of determining the eligibility of providers of training services to receive funds described in subsection (a) to provide the services in the local area involved. (5) Limitation In carrying out the requirements of this subsection, no personally identifiable information regarding a student, including Social Security number, student identification number, or other identifier, may be disclosed without the prior written consent of the parent or eligible student in compliance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (c) Procedures The procedures established under subsection (a) shall— (1) identify— (A) the application process for a provider of training services to become eligible to receive funds under section 133(b) for the provision of training services; and (B) the respective roles of the State and local areas in receiving and reviewing applications and in making determinations of eligibility based on the criteria established under this section; and (2) establish a process for a provider of training services to appeal a denial or termination of eligibility under this section that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal. (d) Information To assist participants in choosing providers In order to facilitate and assist participants under chapter 5 in choosing providers of training services, the Governor shall ensure that an appropriate list or lists of providers determined eligible under this section in the State, including information provided under subsection (b)(2) with respect to such providers, is provided to the local boards in the State and is made available to such participants and to members of the public through the one-stop delivery system in the State. (e) Enforcement (1) In general The criteria and procedures established under this section shall provide the following: (A) Intentionally supplying inaccurate information Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services, or individual providing information on behalf of the provider, intentionally supplied inaccurate information under this section, the eligibility of such provider to receive funds under chapter 5 shall be terminated for a period of time that is not less than 2 years. (B) Substantial violations Upon a determination, by an individual or entity specified in the criteria or procedures, that a provider of training services substantially violated any requirement under this title, the eligibility of such provider to receive funds under the program involved shall be terminated for a period of time that is not less than 10 years. (C) Repayment A provider of training services whose eligibility is terminated under subparagraph (A) or (B) shall be liable for the repayment of funds received under chapter 5 during a period of noncompliance described in such subparagraph. (2) Construction Paragraph (1) shall be construed to provide remedies and penalties that supplement, but do not supplant, other civil and criminal remedies and penalties. (f) Agreements with other states States may enter into agreements, on a reciprocal basis, to permit eligible providers of training services to accept career enhancement accounts provided in another State. (g) Recommendations In developing the criteria, procedures, and information required under this section, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (h) Opportunity To submit comments During the development of the criteria, procedures, requirements for information, and the list of eligible providers required under this section, the Governor shall provide an opportunity for interested members of the public to submit comments regarding such criteria, procedures, and information. (i) On-the-Job training or customized training exception (1) In general Providers of on-the-job training or customized training shall not be subject to the requirements of subsections (a) through (d). (2) Collection and dissemination of information A one-stop operator in a local area shall collect such performance information from on-the-job training and customized training providers as the Governor may require, determine whether the providers meet such performance criteria as the Governor may require, and disseminate information identifying providers that meet the criteria as eligible providers, and the performance information, through the one-stop delivery system. Providers determined to meet the criteria shall be considered to be identified as eligible providers of training services. . 110. General authorization Chapter 5 of subtitle B of title I is amended— (1) by striking the heading for chapter 5 and inserting the following: Employment and training activities ; and (2) in section 131 (29 U.S.C. 2861)— (A) by striking paragraphs (1)(B) and (2)(B) of ; and (B) by striking adults, and dislocated workers, and inserting individuals . 111. State allotments Section 132 (29 U.S.C. 2862) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall— (1) reserve ½ of 1 percent of the total amount appropriated under section 137 for a fiscal year, of which— (A) 50 percent shall be used to provide technical assistance under section 170; and (B) 50 percent shall be used for evaluations under section 172; (2) reserve not more than 1 percent of the total amount appropriated under section 137 for a fiscal year to make grants to, and enter into contracts or cooperative agreements with Indian tribes, tribal organizations, Alaska-Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out employment and training activities; (3) reserve not more than 25 percent of the total amount appropriated under section 137 for a fiscal year to carry out the Jobs Corps program under subtitle C; (4) reserve not more than 3.5 percent of the total amount appropriated under section 137 for a fiscal year to— (A) make grants to State or local boards to provide employment and training assistance to workers affected by major economic dislocations, such as plant closures, mass layoffs, or closures and realignments of military installations; and (B) provide assistance to Governors of States with an area that has suffered an emergency or a major disaster (as such terms are defined in paragraphs (1) and (2), respectively, of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )) to provide disaster relief employment in the area. (5) from the remaining amount appropriated under section 137 for a fiscal year (after reserving funds under paragraphs (1) through (4)), make allotments in accordance with subsection (b) of this section. ; and (2) by amending subsection (b) to read as follows: (b) Workforce investment fund (1) Reservation for outlying areas (A) In general From the amount made available under subsection (a)(5) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent to provide assistance to the outlying areas. (B) Restriction The Republic of Palau shall cease to be eligible to receive funding under this subparagraph upon entering into an agreement for extension of United States educational assistance under the Compact of Free Association (approved by the Compact of Free Association Amendments Act of 2003 ( Public Law 99–658 )) after the date of enactment of the SKILLS Act. (2) States (A) In general After determining the amount to be reserved under paragraph (1), the Secretary shall allot the remainder of the amount referred to in subsection (a)(5) for a fiscal year to the States pursuant to subparagraph (B) for employment and training activities and statewide workforce investment activities. (B) Formula Subject to subparagraphs (C) and (D) , of the remainder— (i) 25 percent shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (ii) 25 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each State, compared to the total number of such individuals in all States; (iii) 25 percent shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 15 weeks or more, compared to the total number of individuals in all States who have been unemployed for 15 weeks or more; and (iv) 25 percent shall be allotted on the basis of the relative number of disadvantaged youth in each State, compared to the total number of disadvantaged youth in all States. (C) Minimum and maximum percentages (i) Minimum percentage The Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) fiscal year 2014, that is less than 100 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2015 and each succeeding fiscal year, that is less than 90 percent of the allotment percentage of the State for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i), the Secretary shall ensure that no State shall receive an allotment under this paragraph for— (I) fiscal year 2014, that is more than 130 percent of the allotment percentage of the State for fiscal year 2012; and (II) fiscal year 2015 and each succeeding fiscal year, that is more than 130 percent of the allotment percentage of the State for the preceding fiscal year. (D) Small state minimum allotment Subject to subparagraph (C) , the Secretary shall ensure that no State shall receive an allotment under this paragraph for a fiscal year that is less than 1/5 of 1 percent of the remainder described in subparagraph (A) for the fiscal year. (E) Definitions For the purpose of the formula specified in this paragraph: (i) Allotment percentage The term allotment percentage — (I) used with respect to fiscal year 2012, means the percentage of the amounts allotted to States under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the State involved for fiscal year 2012; and (II) used with respect to fiscal year 2014 or a succeeding fiscal year, means the percentage of the amounts allotted to States under this paragraph for the fiscal year that is received under this paragraph by the State involved for the fiscal year. (ii) Disadvantaged youth The term disadvantaged youth means an individual who is not less than age 16 and not more than age 24 who receives an income, or is a member of a family that received a total family income, that in relation to family size, does not exceed the higher of— (I) the poverty line; or (II) 70 percent of the lower living standard income level. (iii) Individual The term individual means an individual who is age 16 or older. . 112. Within State allocations Section 133 is amended— (1) by amending subsection (a) to read as follows: (a) Reservations for Statewide workforce investment activities (1) Statewide employment and training activities The Governor of a State shall reserve up to 15 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to carry out the statewide activities described in section 134(a). (2) Statewide rapid response activities Of the amount reserved under paragraph (1) for a fiscal year, the Governor of the State shall reserve not more than 25 percent for statewide rapid response activities described in section 134(a)(4). (3) Statewide grants for individuals with barriers to employment Of the amount reserved under paragraph (1) for a fiscal year, the Governor of a State shall reserve 15 percent to carry out statewide activities described in section 134(a)(5). (4) State administrative cost limit Not more than 5 percent of the funds reserved under paragraph (1) may be used by the Governor of a State for administrative costs of carrying out the statewide activities described in section 134(a). ; (2) by amending subsection (b) to read as follows: (b) Within state allocation (1) Methods The Governor, acting in accordance with the State plan, and after consulting with chief elected officials in the local areas, shall— (A) allocate the funds that are allotted to the State for employment and training activities and not reserved under subsection (a), in accordance with paragraph (2)(A); and (B) award the funds that are reserved by the State under subsection (a)(3) through competitive grants to eligible entities, in accordance with section 134(a)(1)(C). (2) Formula allocations for the workforce investment fund (A) Allocation In allocating the funds described in paragraph (1)(A) to local areas, a State shall allocate— (i) 25 percent on the basis described in section 132(b)(2)(B)(i); (ii) 25 percent on the basis described in section 132(b)(2)(B)(ii); (iii) 25 percent on the basis described in section 132(b)(2)(B)(iii); and (iv) 25 percent on the basis described in section 132(b)(2)(B)(iv). (B) Minimum and maximum percentages (i) Minimum percentage The State shall ensure that no local area shall receive an allocation under this paragraph for— (I) fiscal year 2014, that is less than 100 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2015 and each succeeding fiscal year, that is less than 90 percent of the allocation percentage of the local area for the preceding fiscal year. (ii) Maximum percentage Subject to clause (i) , the State shall ensure that no local area shall receive an allocation for a fiscal year under this paragraph for— (I) fiscal year 2014, that is more than 130 percent of the allocation percentage of the local area for fiscal year 2012; and (II) fiscal year 2015 and each succeeding fiscal year, that is more than 130 percentage of the allocation percentage of the local area for the preceding fiscal year. (C) Definitions For the purpose of the formula specified in this paragraph, the term allocation percentage — (i) used with respect to fiscal year 2012, means the percentage of the amounts allocated to local areas under title I of this Act, title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ), the Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.), sections 4103A and 4104 of title 38, United States Code, and sections 1 through 14 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), as such provisions were in effect for fiscal year 2012, that is received under such provisions by the local area involved for fiscal year 2012; and (ii) used with respect to fiscal year 2014 or a succeeding fiscal year, means the percentage of the amounts allocated to local areas for the fiscal year under this paragraph that is received under this paragraph by the local area involved for the fiscal year. ; (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general The Governor, may in accordance with this subsection, reallocate to eligible local areas within the State amounts that are allocated under subsection (b) for employment and training activities and that are available for reallocation. ; (B) in paragraph (2), by striking paragraph (2)(A) or (3) of subsection (b) for such activities and inserting subsection (b) for such activities ; (C) by amending paragraph (3) to read as follows: (3) Reallocations In making reallocations to eligible local areas of amounts available pursuant to paragraph (2) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount allocated to such local area under subsection (b)(2) for such activities for such prior program year, as compared to the total amount allocated to all eligible local areas in the State under subsection (b)(2) for such activities for such prior program year. ; and (D) in paragraph (4), by striking paragraph (2)(A) or (3) of ; and (4) by adding at the end the following new subsection: (d) Local administrative cost limit Of the amounts allocated to a local area under this section for a fiscal year, not more than 10 percent of the amount may be used by the local board involved for the administrative costs of carrying out local workforce investment activities in the local area under this chapter. . 113. Use of funds for employment and training activities Section 134 is amended— (1) by amending subsection (a) to read as follows: (a) Statewide Employment and Training Activities (1) In general (A) Distribution of statewide activities Funds reserved by a Governor for a State as described in section 133(a)(1)— (i) shall be used to carry out the statewide employment and training activities described in paragraph (2); and (ii) may be used to carry out any of the statewide employment and training activities described in paragraph (3). (B) Statewide rapid response activities Funds reserved by a Governor for a State as described in section 133(a)(2) shall be used to carry out the statewide rapid response activities described in paragraph (4). (C) Statewide grants for individuals with barriers to employment Funds reserved by a Governor for a State as described in section 133(a)(3) shall be used to carry out the Statewide Grants for Individuals with Barriers to Employment competition described in paragraph (5). (2) Required Statewide employment and training activities A State shall use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities, which shall include— (A) disseminating the State list of eligible providers of training described in section 122(d), information identifying eligible providers of on-the-job training and customized training described in section 122(i), and performance information and program cost information described in section 122(b)(2); (B) supporting the provision of work ready services described in subsection (c)(2) in the one-stop delivery system; (C) implementing strategies and services that will be used in the State to assist at-risk youth and out-of-school youth in acquiring the education and skills, recognized postsecondary credentials, and employment experience to succeed in the labor market; (D) conducting evaluations under section 136(e) of activities authorized under this chapter in coordination with evaluations carried out by the Secretary under section 172; (E) providing technical assistance to local areas that fail to meet local performance measures; (F) operating a fiscal and management accountability system under section 136(f); and (G) carrying out monitoring and oversight of activities carried out under this chapter. (3) Allowable statewide employment and training activities A State may use funds reserved as described in section 133(a)(1) to carry out statewide employment and training activities which may include— (A) implementing innovative programs and strategies designed to meet the needs of all employers in the State, including small employers, which may include incumbent worker training programs, sectoral and industry cluster strategies and partnerships, career ladder programs, micro-enterprise and entrepreneurial training and support programs, utilization of effective business intermediaries, activities to improve linkages between the one-stop delivery system in the State and all employers (including small employers) in the State, and other business services and strategies that better engage employers in workforce investment activities and make the workforce investment system more relevant to the needs of State and local businesses, consistent with the objectives of this title; (B) providing incentive grants to local areas for regional cooperation among local boards (including local boards in a designated region as described in section 116(c)), for local coordination of activities carried out under this Act, and for exemplary performance by local areas on the local performance measures; (C) developing strategies for effectively integrating programs and services among one-stop partners; (D) carrying out activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; (E) incorporating pay-for-performance contracting strategies as an element in funding activities under this section; (F) carrying out the State option under subsection (f)(8); and (G) carrying out other activities authorized under this section that the State determines to be necessary to assist local areas in carrying out activities described in subsection (c) or (d) through the statewide workforce investment system. (4) Statewide rapid response activities A State shall use funds reserved as described in section 133(a)(2) to carry out statewide rapid response activities, which shall include— (A) provision of rapid response activities, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas; and (B) provision of additional assistance to local areas that experience disasters, mass layoffs or plant closings, or other events that precipitate substantial increases in the number of unemployed individuals, carried out in local areas by the State or by an entity designated by the State, working in conjunction with the local boards and the chief elected officials in the local areas. (5) Statewide grants for individuals with barriers to employment (A) In general Of the funds reserved as described in section 133(a)(3), the Governor of a State— (i) may reserve up to 5 percent to provide technical assistance to, and conduct evaluations as described in section 136(e), of the programs and activities carried out under this paragraph; and (ii) using the remainder, shall award grants on a competitive basis to eligible entities described in subparagraph (B) to carry out employment and training programs authorized under this paragraph for individuals with barriers to employment that meet specific performance outcomes and criteria established by the Governor. (B) Eligible entity defined For purposes of this paragraph, the term eligible entity means an entity that— (i) is a— (I) local board or a consortium of local boards; (II) nonprofit entity, for-profit entity, or a consortium of nonprofit or for-profit entities; or (III) consortium of the entities described in subclauses (I) and (II); (ii) has a demonstrated record of placing individuals into unsubsidized employment and serving hard to serve individuals; and (iii) agrees to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria established by the Governor. (C) Grant period (i) In general A grant under this paragraph shall be awarded for a period of 1 year. (ii) Grant renewal A Governor of a State may renew, for up to 4 additional 1-year periods, a grant awarded under this paragraph. (D) Eligible Participants To be eligible to participate in activities under this paragraph, an individual shall be a low-income individual age 16 or older or a member of a low-income family. (E) Use of Funds An eligible entity receiving a grant under this paragraph shall use such funds for activities that are designed to assist eligible participants in obtaining employment and acquiring the education and skills necessary to succeed in the labor market. (F) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit an application to a State at such time, in such manner, and containing such information as the State may require, including— (i) a description of how the strategies and activities will be aligned with the State plan submitted under section 112 and the local plan submitted under section 118 with respect to the areas of the State that will be the focus of grant activities under this paragraph; (ii) a description of the educational and skills training programs and activities the eligible entity will provide to eligible participants under this paragraph; (iii) how the eligible entity will collaborate with State and local workforce investment systems established under this title in the provision of such programs and activities; (iv) a description of the programs of demonstrated effectiveness on which the provision of such educational and skills training programs and activities are based, and a description of how such programs and activities will improve the education and skills training for eligible participants; (v) a description of the populations to be served and the skill needs of those populations, and the manner in which eligible participants will be recruited and selected as participants; (vi) a description of the private, public, local, and State resources that will be leveraged, in addition to the grant funds provided for the programs and activities under this paragraph, and how the entity will ensure the sustainability of such programs and activities after grant funds are no longer available; (vii) a description of the extent of the involvement of employers in such programs and activities; (viii) a description of the levels of performance the eligible entity expects to achieve with respect to the indicators of performance for all individuals specified in section in 136(b)(2); (ix) a detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures that will be used to ensure fiscal soundness for the programs and activities provided under this paragraph; and (x) any other criteria the Governor may require. ; (2) by amending subsection (b) to read as follows: (b) Local employment and training activities Funds allocated to a local area under section 133(b)— (1) shall be used to carry out employment and training activities described in subsection (c); and (2) may be used to carry out employment and training activities described in subsection (d). ; (3) by striking subsection (c); (4) by redesignating subsections (d) and (e), as subsections (c) and (d), respectively; (5) in subsection (c) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) In general Funds allocated to a local area under section 133(b) shall be used— (A) to establish a one-stop delivery system as described in section 121(e); (B) to provide the work ready services described in paragraph (2) through the one-stop delivery system in accordance with such paragraph; and (C) to provide training services described in paragraph (4) in accordance with such paragraph. ; (B) in paragraph (2)— (i) in the heading, by striking Core services and inserting Work ready services ; (ii) in the matter preceding subparagraph (A)— (I) by striking (1)(A) and inserting (1)(B) ; (II) by striking core services and inserting work ready services ; and (III) by striking who are adults or dislocated workers ; (iii) by redesignating subparagraph (K) as subparagraph (V); (iv) by redesignating subparagraphs (B) through (J) as subparagraphs (C) through (K), respectively; (v) by inserting after subparagraph (A) the following: (B) assistance in obtaining eligibility determinations under the other one-stop partner programs through activities, where appropriate and consistent with the authorizing statute of the one-stop partner program, such as assisting in the submission of applications, the provision of information on the results of such applications, and the provision of intake services and information; ; (vi) by amending subparagraph (E), as so redesignated, to read as follows: (E) labor exchange services, including— (i) job search and placement assistance, and where appropriate, career counseling; (ii) appropriate recruitment services for employers, including small employers, in the local area, which may include services described in this subsection, including information and referral to specialized business services not traditionally offered through the one-stop delivery system; and (iii) reemployment services provided to unemployment claimants, including claimants identified as in need of such services under the worker profiling system established under section 303(j) of the Social Security Act (42 U.S.C. 503(j)); ; (vii) in subparagraph (F), as so redesignated, by striking employment statistics and inserting workforce and labor market ; (viii) in subparagraph (G), as so redesignated, by striking and eligible providers of youth activities described in section 123, ; (ix) in subparagraph (H), as so redesignated, by inserting under section 136 after local performance measures ; (x) in subparagraph (J), as so redesignated, by inserting and the administration of the work test for the unemployment compensation system after compensation ; (xi) by amending subparagraph (K), as so redesignated, to read as follows: (K) assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this Act and are available in the local area; ; and (xii) by inserting the following new subparagraphs after subparagraph (K), as so redesignated: (L) the provision of information from official publications of the Internal Revenue Service regarding Federal tax credits available to individuals relating to education, job training and employment; (M) comprehensive and specialized assessments of the skill levels and service needs of workers, which may include— (i) diagnostic testing and use of other assessment tools; and (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; (N) development of an individual employment plan, to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant; (O) group counseling; (P) individual counseling and career planning; (Q) case management; (R) short-term pre-career services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; (S) internships and work experience; (T) literacy activities relating to basic work readiness, information and communication technology literacy activities, and financial literacy activities, if such activities are not available to participants in the local area under programs administered under the Adult Education and Family Literacy Act (20 U.S.C. 2901 et seq.); (U) out-of-area job search assistance and relocation assistance; and ; and (C) by amending paragraph (3) to read as follows: (3) Delivery of services The work ready services described in paragraph (2) shall be provided through the one-stop delivery system and may be provided through contracts with public, private for-profit, and private nonprofit service providers, approved by the local board. ; (D) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) In general Funds described in paragraph (1)(C) shall be used to provide training services to individuals who— (i) after an interview, evaluation, or assessment, and case management, have been determined by a one-stop operator or one-stop partner, as appropriate, to— (I) be in need of training services to obtain or retain employment; and (II) have the skills and qualifications to successfully participate in the selected program of training services; (ii) select programs of training services that are directly linked to the employment opportunities in the local area involved or in another area in which the individual receiving such services are willing to commute or relocate; and (iii) who meet the requirements of subparagraph (B); ; and (ii) in subparagraph (B)(i), by striking Except and inserting Notwithstanding section 479B of the Higher Education Act of 1965 ( 20 U.S.C. 1087uu ) and except ; (iii) by amending subparagraph (D) to read as follows: (D) Training services Training services authorized under this paragraph may include— (i) occupational skills training; (ii) on-the-job training; (iii) skill upgrading and retraining; (iv) entrepreneurial training; (v) education activities leading to a regular secondary school diploma or its recognized equivalent in combination with, concurrently or subsequently, occupational skills training; (vi) adult education and literacy activities provided in conjunction with other training authorized under this subparagraph; (vii) workplace training combined with related instruction; (viii) occupational skills training that incorporates English language acquisition; (ix) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; and (x) training programs operated by the private sector. ; (iv) by striking subparagraph (E) and redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; and (v) in subparagraph (E) (as so redesignated)— (I) in clause (ii)— (aa) in the matter preceding subclause (I), by striking subsection (c) and inserting section 121 ; (bb) in subclause (I), by striking section 122(e) and inserting section 122(d) and by striking section 122(h) and inserting section 122(i) ; and (cc) in subclause (II), by striking subsections (e) and (h) and inserting subsection (i) ; and (II) by striking clause (iii) and inserting the following: (iii) Career enhancement accounts An individual who seeks training services and who is eligible pursuant to subparagraph (A), may, in consultation with a case manager, select an eligible provider of training services from the list or identifying information for providers described in clause (ii)(I). Upon such selection, the one-stop operator involved shall, to the extent practicable, refer such individual to the eligible provider of training services, and arrange for payment for such services through a career enhancement account. (iv) Coordination Each local board may, through one-stop centers, coordinate career enhancement accounts with other Federal, State, local, or private job training programs or sources to assist the individual in obtaining training services. (v) Assistance Each local board may, through one-stop centers, assist individuals receiving career enhancement accounts in obtaining funds (in addition to the funds provided under this section) from other programs and sources that will assist the individual in obtaining training services. ; and (vi) in subparagraph (F) (as so redesignated)— (I) in the subparagraph heading, by striking individual training accounts and inserting career enhancement accounts ; (II) in clause (i) by striking individual training accounts and inserting career enhancement accounts ; (III) in clause (ii)— (aa) by striking an individual training account and inserting a career enhancement account ; (bb) by striking subparagraph (F) and inserting subparagraph (E) ; (cc) in subclause (II), by striking individual training accounts and inserting career enhancement accounts ; (dd) in subclause (II) by striking or after the semicolon; (ee) in subclause (III) by striking the period and inserting ; or ; and (ff) by adding at the end the following: (IV) the local board determines that it would be most appropriate to award a contract to an institution of higher education in order to facilitate the training of multiple individuals in in-demand sectors or occupations, if such contract does not limit customer choice. ; (IV) in clause (iii), by striking adult or dislocated worker and inserting individual ; and (V) in clause (iv)— (aa) by redesignating subclause (IV) as subclause (V) and inserting after subclause (III) the following: (IV) Individuals with disabilities. ; (6) in subsection (d) (as so redesignated)— (A) by amending paragraph (1) to read as follows: (1) Discretionary one-stop delivery activities (A) In general Funds allocated to a local area under section 133(b)(2) may be used to provide, through the one-stop delivery system— (i) customized screening and referral of qualified participants in training services to employers; (ii) customized employment-related services to employers on a fee-for-service basis; (iii) customer supports, including transportation and childcare, to navigate among multiple services and activities for special participant populations that face multiple barriers to employment, including individuals with disabilities; (iv) employment and training assistance provided in coordination with child support enforcement activities of the State agency carrying out subtitle D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq. ); (v) incorporating pay-for-performance contracting strategies as an element in funding activities under this section; (vi) activities to facilitate remote access to services provided through a one-stop delivery system, including facilitating access through the use of technology; and (vii) activities to carry out business services and strategies that meet the workforce investment needs of local area employers, as determined by the local board, consistent with the local plan under section 118. . (B) by striking paragraphs (2) and (3); and (C) by adding at the end the following: (2) Incumbent worker training programs (A) In general The local board may use funds allocated to a local area under section 133(b)(2) to carry out incumbent worker training programs in accordance with this paragraph. (B) Training activities The training programs for incumbent workers under this paragraph shall be carried out by the local area in conjunction with the employers of such workers for the purpose of assisting such workers in obtaining the skills necessary to retain employment and avert layoffs. (C) Employer match required (i) In general Employers participating in programs under this paragraph shall be required to pay a proportion of the costs of providing the training to the incumbent workers of the employers. The local board shall establish the required portion of such costs, which may include in-kind contributions. (ii) Calculation of match The wages paid by an employer to a worker while they are attending training may be included as part of the required payment of the employer. ; and (7) by adding at the end the following: (e) Priority for Placement in Private Sector Jobs In providing employment and training activities authorized under this section, the State and local board shall give priority to placing participants in jobs in the private sector. (f) Veteran employment specialist (1) In general Subject to paragraph (8), a local board shall hire and employ one or more veteran employment specialist to carry out employment, training, and placement services under this subsection in the local area served by the local board. (2) Principal duties A veteran employment specialist in a local area shall— (A) conduct outreach to employers in the local area to assist veterans, including disabled veterans, in gaining employment, including— (i) conducting seminars for employers; and (ii) in conjunction with employers, conducting job search workshops, and establishing job search groups; and (B) facilitate employment, training, supportive, and placement services furnished to veterans, including disabled and homeless veterans, in the local area. (3) Hiring preference for veterans and individuals with expertise in serving veterans Subject to paragraph (8), a local board shall, to the maximum extent practicable, employ veterans or individuals with expertise in serving veterans to carry out the services described in paragraph (2) in the local area served by the local board. In hiring an individual to serve as a veteran employment specialist, a local board shall give preference to veterans and other individuals in the following order: (A) To service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to veterans. (C) If no veteran described in subparagraph (A) or (B) is available, to any member of the Armed Forces transitioning out of military service. (D) If no veteran described in subparagraph (A), (B), or (C) is available, to any spouse of a veteran or a spouse of a member of the Armed Forces transitioning out of military service. (E) If no veteran described in subparagraph (A), (B), or (C) is available and no spouse described in paragraph (D) is available, to any other individuals with expertise in serving veterans. (4) Administration and reporting (A) In general Each veteran employment specialist shall be administratively responsible to the manager of the one-stop delivery center in the local area and shall provide, at a minimum, quarterly reports to the manager of such center and to the Director for Veterans’ Employment and Training for the State on the performance and compliance by the specialist with Federal law and regulations with respect to the— (i) principal duties and special services for veterans described in paragraph (2); and (ii) hiring preferences described in paragraph (3) for veterans and individuals with expertise in serving veterans. (B) Report to Secretary Each State shall submit to the Secretary an annual report on the qualifications used by the local board in making hiring determinations for a veteran employment specialist and the salary structure under which such specialist is compensated. (C) Report to Congress The Secretary shall submit to the Committee on Education and the Workforce and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Veterans’ Affairs of the Senate an annual report summarizing the reports submitted under subparagraph (B), including summaries of outcomes achieved by participating veterans disaggregated by local areas. (5) Part-time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this subsection on a halftime basis. (6) Training requirements Each veteran employment specialist described in paragraph (2) shall satisfactorily complete training provided by the National Veterans' Employment and Training Institute during the three-year period that begins on the date on which the employee is so assigned. (7) Specialist’s duties A full-time veteran employment specialist shall perform only duties related to the employment, training, supportive, and placement services under this subsection, and shall not perform other non-veteran-related duties if such duties detract from the specialist’s ability to perform the specialist's duties related to employment, training, and placement services under this subsection. (8) State option At the request of a local board, a State may assume the duties assigned to the local board under paragraphs (1) and (3), including the hiring and employment of one or more veteran employment specialist for placement in the local area served by the local board. . 114. Performance accountability system Section 136 ( 29 U.S.C. 2871 ) is amended— (1) in subsection (b)— (A) by amending paragraphs (1) and (2) to read as follows: (1) In general For each State, the State performance measures shall consist of— (A) (i) the core indicators of performance described in paragraph (2)(A); and (ii) additional indicators of performance (if any) identified by the State under paragraph (2)(B); and (B) a State adjusted level of performance for each indicator described in subparagraph (A). (2) Indicators of performance (A) Core indicators of performance (i) In general The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans: (I) The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. (II) The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. (III) The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program. (IV) The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program. (V) The percentage and number of program participants who, during a program year— (aa) are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and (bb) are achieving measurable basic skill gains toward such a credential or employment. (VI) The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. (ii) Indicator relating to credential For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential. (B) Additional indicators A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and (B) in paragraph (3)— (i) in subparagraph (A)— (I) in the heading, by striking and customer satisfaction indicator ; (II) in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) ; (III) in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 and inserting , for all 3 ; (IV) in clause (iii)— (aa) in the heading, by striking for first 3 years ; and (bb) by striking and the customer satisfaction indicator of performance, for the first 3 program years and inserting for all 3 program years ; (V) in clause (iv)— (aa) by striking or (v) ; (bb) by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively; and (cc) in subclause (I) (as so redesignated)— (AA) by striking taking into account and inserting which shall be adjusted based on ; (BB) by inserting , such as unemployment rates and job losses or gains in particular industries after economic conditions ; and (CC) by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency after program ; (VI) by striking clause (v) and redesignating clause (vi) as clause (v); and (VII) in clause (v) (as so redesignated), (aa) by striking described in clause (iv)(II) and inserting described in clause (iv)(I) ; and (bb) by striking or (v) ; and (ii) in subparagraph (B), by striking paragraph (2)(C) and inserting paragraph (2)(B) ; (2) in subsection (c)(1)(A)— (A) by amending clause (i) to read as follows: (i) the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and ; (B) in clause (ii), by striking (b)(2)(C) and inserting (b)(2)(B) ; and (C) by amending paragraph (3) to read as follows: (3) Determinations In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area. ; (3) in subsection (d)— (A) in paragraph (1)— (i) by striking 127 or ; and (ii) by striking and the customer satisfaction indicator each place it appears; (B) in paragraph (2)— (i) by striking subparagraphs (A), (B), and (D); (ii) by redesignating subparagraph (C) as subparagraph (A); (iii) by redesignating subparagraph (E) as subparagraph (B); (iv) in subparagraph (B), as so redesignated— (I) by striking (excluding participants who received only self-service and informational activities) ; and (II) by striking and at the end; (v) by striking subparagraph (F); (vi) by adding at the end the following: (C) with respect to each local area in the State— (i) the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service; (ii) the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (iii) the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and (E) the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans. ; (C) in paragraph (3)(A), by striking through publication and inserting through electronic means ; and (D) by adding at the end the following: (4) Data validation In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable. (5) State and local policies (A) State policies Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means. (B) Local policies Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means. ; (4) in subsection (g)— (A) in paragraph (1)(A), by striking or (B) ; (B) in paragraph (1)(B), by striking may reduce by not more than 5 percent, and inserting shall reduce ; and (C) by striking paragraph (2) and inserting the following: (2) Funds resulting from reduced allotments The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; (5) in subsection (h)(1), by striking or (B) ; (6) in subsection (h)(2)— (A) in subparagraph (A), by amending the matter preceding clause (i) to read as follows: (A) In general If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A), the following: (B) Reduction in the amount of grant If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; (D) in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph (A) may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan and inserting corrective actions under subparagraphs (A) and (B) may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions ; and (E) in subparagraph (D) (as so redesignated), by striking subparagraph (B) each place it appears and inserting subparagraph (C) ; (7) in subsection (i)(1)(B), by striking subsection (b)(2)(C) and inserting subsection (b)(2)(B) ; (8) in subsection (i)(1)(C), by striking (b)(3)(A)(vi) and inserting (b)(3)(A)(v) ; (9) in subsection (i)(2), by striking the activities described in section 502 concerning ; (10) in subsection (i)(3), by striking described in paragraph (1) and in the activities described in section 502 and inserting and activities described in this subsection ; and (11) by adding at the end the following new subsection: (j) Use of core indicators for other programs In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary. . 115. Authorization of appropriations Section 137 ( 29 U.S.C. 2872 ) is amended to read as follows: 137. Authorization of appropriations There are authorized to be appropriated to carry out the activities described in section 132, $6,245,318,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. . C Job Corps 116. Job Corps purposes Paragraph (1) of section 141 ( 29 U.S.C. 2881(1) ) is amended to read as follows: (1) to maintain a national Job Corps program for at-risk youth, carried out in partnership with States and communities, to assist eligible youth to connect to the workforce by providing them with intensive academic, career and technical education, and service-learning opportunities, in residential and nonresidential centers, in order for such youth to obtain regular secondary school diplomas and recognized postsecondary credentials leading to successful careers in in-demand industries that will result in opportunities for advancement; . 117. Job Corps definitions Section 142 (29 U.S.C. 2882) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Applicable ; (B) by striking applicable ; (C) by striking customer service ; and (D) by striking intake and inserting assessment ; (2) in paragraph (4), by striking before completing the requirements and all that follows and inserting prior to becoming a graduate. ; and (3) in paragraph (5), by striking has completed the requirements and all that follows and inserting the following: who, as a result of participation in the Job Corps program, has received a regular secondary school diploma, completed the requirements of a career and technical education and training program, or received, or is making satisfactory progress (as defined under section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) ) toward receiving, a recognized postsecondary credential, including an industry-recognized credential that prepares individuals for employment leading to economic self-sufficiency. . 118. Individuals eligible for the Job Corps Section 144 ( 29 U.S.C. 2884 ) is amended— (1) by amending paragraph (1) to read as follows: (1) not less than age 16 and not more than age 24 on the date of enrollment; ; (2) in paragraph (3)(B), by inserting secondary before school ; and (3) in paragraph (3)(E), by striking vocational and inserting career and technical education and . 119. Recruitment, screening, selection, and assignment of enrollees Section 145 ( 29 U.S.C. 2885 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(C)(i) by striking vocational and inserting career and technical education and training ; and (B) in paragraph (3)— (i) by striking To the extent practicable, the and inserting The ; (ii) in subparagraph (A)— (I) by striking applicable ; and (II) by inserting and after the semicolon; (iii) by striking subparagraphs (B) and (C); and (iv) by adding at the end the following: (B) organizations that have a demonstrated record of effectiveness in placing at-risk youth into employment. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting and agrees to such rules after failure to observe the rules ; and (ii) by amending subparagraph (C) to read as follows: (C) the individual has passed a background check conducted in accordance with procedures established by the Secretary, which shall include— (i) a search of the State criminal registry or repository in the State where the individual resides and each State where the individual previously resided; (ii) a search of State-based child abuse and neglect registries and databases in the State where the individual resides and each State where the individual previously resided; (iii) a search of the National Crime Information Center; (iv) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (v) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.). ; and (B) by adding at the end the following new paragraph: (3) Individuals convicted of a crime An individual shall be ineligible for enrollment if the individual— (A) makes a false statement in connection with the criminal background check described in paragraph (1)(C); (B) is registered or is required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ); or (C) has been convicted of a felony consisting of— (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) a crime involving rape or sexual assault; or (v) physical assault, battery, or a drug-related offense, committed within the past 5 years. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking 2 years and inserting year ; and (ii) by striking an assignment and inserting a ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking , every 2 years, ; (ii) in subparagraph (B), by striking and at the end; and (iii) in subparagraph (C)— (I) by inserting the education and training after including ; and (II) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) the performance of the Job Corps center relating to the indicators described in paragraphs (1) and (2) in section 159(c), and whether any actions have been taken with respect to such center pursuant to section 159(f). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking is closest to the home of the enrollee, except that the and inserting offers the type of career and technical education and training selected by the individual and, among the centers that offer such education and training, is closest to the home of the individual. The ; (ii) by striking subparagraph (A); and (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (B) in paragraph (2), by inserting that offers the career and technical education and training desired by after home of the enrollee . 120. Job Corps centers Section 147 (29 U.S.C. 2887) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking vocational both places it appears and inserting career and technical ; and (ii) in subparagraph (B)— (I) by striking may and inserting shall ; (II) by inserting that resides in the State in which the Jobs Corps center is located before to provide ; and (III) by inserting before the period at the end the following: , as appropriate ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking subsections (c) and (d) of section 303 of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253 ) and inserting subsections (a) and (b) of section 3304 of title 41, United States Code ; and (II) by striking industry council and inserting workforce council ; (ii) in subparagraph (B)(i)— (I) by amending subclause (II) to read as follows: (II) the ability of the entity to offer career and technical education and training that the workforce council proposes under section 154(c); ; (II) in subclause (III), by striking is familiar with the surrounding communities, applicable and inserting demonstrates relationships with the surrounding communities, employers, workforce boards, and by striking and at the end; (III) by amending subclause (IV) to read as follows: (IV) the performance of the entity, if any, relating to operating or providing activities described in this subtitle to a Job Corps center, including the entity’s demonstrated effectiveness in assisting individuals in achieving the primary and secondary indicators of performance described in paragraphs (1) and (2) of section 159(c); and ; and (IV) by adding at the end the following new subclause: (V) the ability of the entity to demonstrate a record of successfully assisting at-risk youth to connect to the workforce, including by providing them with intensive academic, and career and technical education and training. ; and (iii) in subparagraph (B)(ii), by striking , as appropriate ; (2) in subsection (b), by striking In any year, no more than 20 percent of the individuals enrolled in the Job Corps may be nonresidential participants in the Job Corps. ; (3) by amending subsection (c) to read as follows: (c) Civilian conservation centers (1) In general The Job Corps centers may include Civilian Conservation Centers, operated under an agreement between the Secretary of Labor and the Secretary of Agriculture, that are located primarily in rural areas. Such centers shall adhere to all the provisions of this subtitle, and shall provide, in addition to education, career and technical education and training, and workforce preparation skills training described in section 148, programs of work experience to conserve, develop, or manage public natural resources or public recreational areas or to develop community projects in the public interest. (2) Selection process The Secretary shall select an entity that submits an application under subsection (d) to operate a Civilian Conservation Center on a competitive basis, as provided in subsection (a). ; and (4) by striking subsection (d) and inserting the following: (d) Application To be eligible to operate a Job Corps center under this subtitle, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the program activities that will be offered at the center, including how the career and technical education and training reflect State and local employment opportunities, including in in-demand industries; (2) a description of the counseling, placement, and support activities that will be offered at the center, including a description of the strategies and procedures the entity will use to place graduates into unsubsidized employment upon completion of the program; (3) a description of the demonstrated record of effectiveness that the entity has in placing at-risk youth into employment, including past performance of operating a Job Corps center under this subtitle; (4) a description of the relationships that the entity has developed with State and local workforce boards, employers, State and local educational agencies, and the surrounding communities in an effort to promote a comprehensive statewide workforce investment system; (5) a description of the strong fiscal controls the entity has in place to ensure proper accounting of Federal funds, and a description of how the entity will meet the requirements of section 159(a); (6) a description of the strategies and policies the entity will utilize to reduce participant costs; (7) a detailed budget of the activities that will be supported using funds under this subtitle; (8) a detailed budget of the activities that will be supported using funds from non-Federal resources; (9) an assurance the entity will comply with the administrative cost limitation included in section 151(c); (10) an assurance the entity is licensed to operate in the State in which the center is located; and (11) an assurance the entity will comply with and meet basic health and safety codes, including those measures described in section 152(b). (e) Length of agreement The agreement described in subsection (a)(1)(A) shall be for not longer than a 2-year period. The Secretary may renew the agreement for 3 one-year periods if the entity meets the requirements of subsection (f). (f) Renewal (1) In general Subject to paragraph (2), the Secretary may renew the terms of an agreement described in subsection (a)(1)(A) for an entity to operate a Job Corps center if the center meets or exceeds each of the indicators of performance described in section 159(c)(1). (2) Recompetition (A) In general Notwithstanding paragraph (1), the Secretary shall not renew the terms of the agreement for an entity to operate a Job Corps center if such center is ranked in the bottom quintile of centers described in section 159(f)(2) for any program year. Such entity may submit a new application under subsection (d) only if such center has shown significant improvement on the indicators of performance described in section 159(c)(1) over the last program year. (B) Violations The Secretary shall not select an entity to operate a Job Corps center if such entity or such center has been found to have a systemic or substantial material failure that involves— (i) a threat to the health, safety, or civil rights of program participants or staff; (ii) the misuse of funds received under this subtitle; (iii) loss of legal status or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; (iv) failure to meet any other Federal or State requirement that the entity has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; or (v) an unresolved area of noncompliance. (g) Current grantees Not later than 60 days after the date of enactment of the SKILLS Act and notwithstanding any previous grant award or renewals of such award under this subtitle, the Secretary shall require all entities operating a Job Corps center under this subtitle to submit an application under subsection (d) to carry out the requirements of this section. . 121. Program activities Section 148 (29 U.S.C. 2888) is amended— (1) by amending subsection (a) to read as follows: (a) Activities provided through job corps centers (1) In General Each Job Corps center shall provide enrollees with an intensive, well-organized, and supervised program of education, career, and technical education and training, work experience, recreational activities, physical rehabilitation and development, and counseling. Each Job Corps center shall provide enrollees assigned to the center with access to work-ready services described in section 134(c)(2). (2) Relationship to opportunities (A) In general The activities provided under this subsection shall be targeted to helping enrollees, on completion of their enrollment— (i) secure and maintain meaningful unsubsidized employment; (ii) complete secondary education and obtain a regular secondary school diploma; (iii) enroll in and complete postsecondary education or training programs, including obtaining recognized postsecondary credentials, industry-recognized credentials, and registered apprenticeships; or (iv) satisfy Armed Forces requirements. (B) Link to employment opportunities The career and technical education and training provided shall be linked to the employment opportunities in in-demand industries in the State in which the Job Corps center is located. ; and (2) in subsection (b)— (A) in the subsection heading, by striking Education and Vocational and inserting Academic and Career and Technical Education and ; (B) by striking may after The Secretary and inserting shall ; and (C) by striking vocational each place it appears and inserting career and technical ; and (3) by amending paragraph (3) of subsection (c) to read as follows: (3) Demonstration Each year, any operator seeking to enroll additional enrollees in an advanced career training program shall demonstrate, before the operator may carry out such additional enrollment, that— (A) participants in such program have achieved a satisfactory rate of completion and placement in training-related jobs; and (B) such operator has met or exceeded the indicators of performance described in paragraphs (1) and (2) of section 159(c) for the previous year. . 122. Counseling and job placement Section 149 (29 U.S.C. 2889) is amended— (1) in subsection (a), by striking vocational and inserting career and technical education and ; (2) in subsection (b), by striking make every effort to arrange to ; and (3) by striking subsection (d). 123. Support Subsection (b) of section 150 (29 U.S.C. 2890) is amended to read as follows: (b) Transition allowances and support for graduates The Secretary shall arrange for a transition allowance to be paid to graduates. The transition allowance shall be incentive-based to reflect a graduate’s completion of academic, career and technical education or training, and attainment of a recognized postsecondary credential, including an industry-recognized credential. . 124. Operations Section 151 ( 29 U.S.C. 2891 ) is amended— (1) in the header, by striking Operating plan . and inserting Operations . ; (2) in subsection (a), by striking In General. — and inserting Operating Plan. — ; (3) by striking subsection (b) and redesignating subsection (c) as subsection (b); (4) by amending subsection (b) (as so redesignated)— (A) in the heading by inserting of Operating Plan after Availability ; and (B) by striking subsections (a) and (b) and inserting subsection (a) ; and (5) by adding at the end the following new subsection: (c) Administrative costs Not more than 10 percent of the funds allotted under section 147 to an entity selected to operate a Job Corps center may be used by the entity for administrative costs under this subtitle. . 125. Community participation Section 153 (29 U.S.C. 2893) is amended to read as follows: 153. Community participation The director of each Job Corps center shall encourage and cooperate in activities to establish a mutually beneficial relationship between Job Corps centers in the State and nearby communities. Such activities may include the use of any local workforce development boards established under section 117 to provide a mechanism for joint discussion of common problems and for planning programs of mutual interest. . 126. Workforce councils Section 154 (29 U.S.C. 2894) is amended to read as follows: 154. Workforce councils (a) In general Each Job Corps center shall have a workforce council appointed by the Governor of the State in which the Job Corps center is located. (b) Workforce council composition (1) In General A workforce council shall be comprised of— (A) business members of the State board described in section 111(b)(1)(B)(i); (B) business members of the local boards described in section 117(b)(2)(A) located in the State; (C) a representative of the State board described in section 111(f); and (D) such other representatives and State agency officials as the Governor may designate. (2) Majority A 2/3 majority of the members of the workforce council shall be representatives described in paragraph (1)(A). (c) Responsibilities The responsibilities of the workforce council shall be— (1) to review all the relevant labor market information, including related information in the State plan described in section 112, to— (A) determine the in-demand industries in the State in which enrollees intend to seek employment after graduation; (B) determine the skills and education that are necessary to obtain the employment opportunities described in subparagraph (A); and (C) determine the type or types of career and technical education and training that will be implemented at the center to enable the enrollees to obtain the employment opportunities; and (2) to meet at least once a year to reevaluate the labor market information, and other relevant information, to determine any necessary changes in the career and technical education and training provided at the center. . 127. Technical assistance Section 156 is amended to read as follows: 156. Technical assistance to centers (a) In general From the funds reserved under section 132(a)(3), the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for the Job Corps program for the purposes of improving program quality. (b) Activities In providing training and technical assistance and for allocating resources for such assistance, the Secretary shall— (1) assist entities, including those entities not currently operating a Job Corps center, in developing the application described in section 147(d); (2) assist Job Corps centers and programs in correcting deficiencies and violations under this subtitle; (3) assist Job Corps centers and programs in meeting or exceeding the indicators of performance described in paragraph (1) and (2) of section 159(c); and (4) assist Job Corps centers and programs in the development of sound management practices, including financial management procedures. . 128. Special provisions Section 158 (29 U.S.C. 2989) is amended— (1) by amending paragraph (1) in subsection (c), by striking title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and inserting chapter of 5 title 40, United States Code, ; (2) by striking subsection (e); and (3) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. 129. Performance accountability management Section 159 ( 29 U.S.C. 2899 ) is amended— (1) in the section heading, by striking Management Information and inserting Performance Accountability and Management ; and (2) by striking subsections (c) through (g); (3) by inserting after subsection (b) the following: (c) Indicators of Performance (1) Primary indicators The annual primary indicators of performance for Job Corps centers shall include— (A) the percentage and number of enrollees who graduate from the Job Corps center; (B) the percentage and number of graduates who entered unsubsidized employment related to the career and technical education and training received through the Job Corps center, except that such calculation shall not include enrollment in education, the military or volunteer service; (C) the percentage and number of graduates who obtained a recognized postsecondary credential, including an industry-recognized credential or a registered apprenticeship; and (D) the cost per successful performance outcome, which is calculated by comparing the number of graduates who were placed in unsubsidized employment or obtained a recognized credential, including an industry-recognized credential, to total program costs, including all operations, construction, and administration costs at each Job Corp center. (2) Secondary indicators The annual secondary indicators of performance for Job Corps centers shall include— (A) the percentage and number of graduates who entered unsubsidized employment not related to the career and technical education and training received through the Job Corps center; (B) the percentage and number of graduates who entered into postsecondary education; (C) the percentage and number of graduates who entered into the military; (D) the average wage of graduates who are in unsubsidized employment— (i) on the first day of employment; and (ii) 6 months after the first day; (E) the number and percentage of graduates who entered unsubsidized employment and were retained in the unsubsidized employment— (i) 6 months after the first day of employment; and (ii) 12 months after the first day of employment; (F) the percentage and number of enrollees compared to the percentage and number of enrollees the Secretary has established targets in section 145(c)(1); (G) the cost per training slot, which is calculated by comparing the program’s maximum number of students that can be enrolled in a Job Corps center at any given time during the program year to the number of enrollees in the same program year; and (H) the number and percentage of former enrollees, including the number dismissed under the zero tolerance policy described in section 152(b). (3) Indicators of performance for recruiters The annual indicators of performance for recruiters shall include the measurements described in subparagraph (A) of paragraph (1) and subparagraphs (F), (G), and (H) of paragraph (2). (4) Indicators of performance of career transition service providers The annual indicators of performance of career transition service providers shall include the measurements described in subparagraphs (B) and (C) of paragraph (1) and subparagraphs, (B), (C), (D), and (E) of paragraph (2). (d) Additional information The Secretary shall collect, and submit in the report described in subsection (f), information on the performance of each Job Corps center, and the Job Corps program, regarding— (1) the number and percentage of former enrollees who obtained a regular secondary school diploma; (2) the number and percentage of former enrollees who entered unsubsidized employment; (3) the number and percentage of former enrollees who obtained a recognized postsecondary credential, including an industry-recognized credential; (4) the number and percentage of former enrollees who entered into military service; and (5) any additional information required by the Secretary. (e) Methods The Secretary shall collect the information described in subsections (c) and (d), using methods described in section 136(i)(2) and consistent with State law, by entering into agreements with the States to access such data for Job Corps enrollees, former enrollees, and graduates. (f) Transparency and accountability (1) Report The Secretary shall collect and annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education. Labor and Pensions of the Senate, as well as make available to the public by electronic means, a report containing— (A) information on the performance of each Job Corps center, and the Job Corps program, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (B) a comparison of each Job Corps center, by rank, on the performance indicators described in paragraphs (1) and (2) of subsection (c); (C) a comparison of each Job Corps center, by rank, on the average performance of all primary indicators described in paragraph (1) of subsection (c); (D) information on the performance of the service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs; and (E) a comparison of each service provider, by rank, on the performance of all service providers described in paragraphs (3) and (4) of subsection (c) on the performance indicators established under such paragraphs. (2) Assessment The Secretary shall conduct an annual assessment of the performance of each Job Corps center which shall include information on the Job Corps centers that— (A) are ranked in the bottom quintile on the performance indicator described in paragraph (1)(C); or (B) have failed safety and health code violations described in subsection (g). (3) Performance improvement With respect to a Job Corps center that is identified under paragraph (2) or reports less than 50 percent on the performance indicators described in subparagraphs (A), (B), or (C) of subsection (c)(1), the Secretary shall develop and implement a 1 year performance improvement plan. Such a plan shall require action including— (A) providing technical assistance to the center; (B) changing the management staff of the center; (C) replacing the operator of the center; (D) reducing the capacity of the center; or (E) closing the center. (4) Closure of job corps centers Job Corps centers that have been identified under paragraph (2) or report less than 50 percent on the performance indicators described in subparagraphs (A), (B), or (C) of subsection (c)(1) for more than 4 consecutive years shall be closed. The Secretary shall ensure— (A) that the proposed decision to close the center is announced in advance to the general public through publication in the Federal Register and other appropriate means; and (B) the establishment of a reasonable comment period, not to exceed 30 days, for interested individuals to submit written comments to the Secretary. (g) Participant health and safety The Secretary shall enter into an agreement with the General Services Administration or the appropriate State agency responsible for inspecting public buildings and safeguarding the health of disadvantaged students, to conduct an in-person review of the physical condition and health-related activities of each Job Corps center annually. Such review shall include a passing rate of occupancy under Federal and State ordinances. . 130. Closure of low-performing Job Corps centers Section 161 ( 29 U.S.C. 2901 ) is amended to read as follows: 161. Closure of low-performing Job Corps centers (a) Audit Not later than 3 months after the date of enactment of the SKILLS Act, the Secretary shall conduct an audit on the past 10 years of performance of Job Corps centers, including information indicating— (1) a comparison of each Job Corps center, by rank, on the performance indicators described in subsections (c) and (d) of section 159 (as such sections were in effect on the day before the date of enactment of the SKILLS Act); (2) a comparison of each Job Corps center, by rank, on the average performance of all performance indicators described in subsections (c) and (d) of section 159 (as such sections were in effect on the day before the date of enactment of the SKILLS Act); and (3) a listing of the centers, by rank, that have experienced the highest number of serious incidents of crimes of violence, as defined in section 16 of title 18, United States Code. (b) Recommendations Not later than 6 months after the date of enactment of the SKILLS Act, the Secretary shall submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, which shall contain a detailed statement of the findings and conclusions from the audit described in subsection (a) , including information indicating the centers that are ranked in the bottom quintile on the performance indicators described in paragraphs (1) and (2) of subsection (a). (c) Closure Not later than 12 months after the date of enactment of the SKILLS Act, the Secretary shall close the Job Corps centers identified under subsection (b) in accordance with subparagraphs (A) and (B) of section 159(f)(4). (d) Transition The Secretary shall ensure that program participants enrolled in low-performing Job Corps centers slated for closure under this subsection receive priority placement to enroll in another center in the State or neighboring State. . 131. Reforms for opening new Job Corps centers Subtitle C of title I (29 U.S.C. 2881 et seq.) is amended by adding at the end the following: 162. Reforms for opening new Job Corps centers (a) In general The Secretary shall develop and implement specific policies and procedures governing the selection of the State and local area for construction of Job Corps centers. Such policies and procedures shall be the same across all regions, based on a needs assessment of the assignment plan described under section 145(c), and free from political favoritism, biases, or considerations. (b) Restrictions (1) Notification of congress The Secretary shall notify the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate before releasing a Request for Proposal for the designation and construction of a Job Corps center. (2) Number of centers Except as provided under paragraph (3), the Secretary shall enter into agreements with not more than 20 Job Corps centers per region, as those regions were in effect on the date of enactment of the SKILLS Act. (3) Exception The Secretary may enter into agreements with more than 20 Job Corps centers upon approval, in writing, of the Chairman and Ranking Member of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . D National Programs 132. Technical assistance Section 170 (29 U.S.C. 2915) is amended— (1) by striking subsection (b); (2) by striking: (a) General technical assistance ; (3) by redesignating paragraphs (1), (2), and (3) as subsections (a), (b), and (c) respectively, and moving such subsections 2 ems to the left; (4) in subsection (a) (as so redesignated)— (A) by inserting the training of staff providing rapid response services, the training of other staff of recipients of funds under this title, assistance regarding accounting and program operation practices (when such assistance would not be duplicative to assistance provided by the State), technical assistance to States that do not meet State performance measures described in section 136, after localities, ; and (B) by striking from carrying out activities and all that follows up to the period and inserting to implement the amendments made by the SKILLS Act ; (5) in subsection (b) (as so redesignated)— (A) by striking paragraph (1) and inserting subsection (a) ; (B) by striking , or recipient of financial assistance under any of sections 166 through 169, ; and (C) by striking or grant recipient ; (6) in subsection (c) (as so redesignated), by striking paragraph (1) and inserting subsection (a) ; and (7) by inserting, after subsection (c) (as so redesignated), the following: (d) Best practices coordination The Secretary shall— (1) establish a system through which States may share information regarding best practices with regard to the operation of workforce investment activities under this Act; and (2) evaluate and disseminate information regarding best practices and identify knowledge gaps. . 133. Evaluations Section 172 ( 29 U.S.C. 2917 ) is amended— (1) in subsection (a), by striking the Secretary shall provide for the continuing evaluation of the programs and activities, including those programs and activities carried out under section 171 and inserting the Secretary, through grants, contracts, or cooperative agreements, shall conduct, at least once every 5 years, an independent evaluation of the programs and activities funded under this Act ; (2) in subsection (a)(4) is amended to read as follows: (4) the impact of receiving services and not receiving services under such programs and activities on the community, businesses, and individuals; ; (3) in subsection (c) is amended to read as follows: (c) Techniques Evaluations conducted under this section shall utilize appropriate and rigorous methodology and research designs, including the use of control groups chosen by scientific random assignment methodologies, quasi-experimental methods, impact analysis and the use of administrative data. The Secretary shall conduct an impact analysis, as described in subsection (a)(4), of the formula grant program under subtitle B not later than 2015, and thereafter shall conduct such an analysis not less than once every four years. ; (4) in subsection (e) is amended by striking the Committee on Labor and Human Resources of the Senate and inserting the Committee on Health, Education, Labor, and Pensions of the Senate ; and (5) by adding at the end, the following: (g) Public availability The results of the evaluations conducted under this section shall be made publicly available, including by posting such results on the Department’s website. . E Administration 134. Requirements and restrictions Section 181 ( 29 U.S.C. 2931 ) is amended— (1) in subsection (b)(6), by striking , including representatives of businesses and of labor organizations ; (2) in subsection (c)(2)(A), in the matter preceding clause (i), by striking shall and inserting may ; (3) in subsection (e)— (A) by striking training for and inserting the entry into employment, retention in employment, or increases in earnings of ; and (B) by striking subtitle B and inserting this Act ; (4) in subsection (f)(4), by striking 134(a)(3)(B) and inserting 134(a)(6) ; and (5) by adding at the end the following: (g) Salary and bonus limitation No funds provided under this title shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Level II of the Federal Executive Pay Schedule (5 U.S.C. 5313). This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer the programs. (h) General authority (1) In general The Employment and Training Administration of the U.S. Department of Labor (hereinafter in this Act referred to as the Administration ) shall administer all programs authorized under title I and III of this Act. The Administration shall be headed by an Assistant Secretary appointed by the President by and with the advice and consent of the Senate. Except for titles II and IV, the Administration shall be the principal agency, and the Assistant Secretary shall be the principal officer, of such Department for carrying out this Act. (2) Qualifications The Assistant Secretary shall be an individual with substantial experience in workforce development and in workforce development management. The Assistant Secretary shall also, to the maximum extent possible, possess knowledge and have worked in or with the State or local workforce investment system or have been a member of the business community. In the performance of the functions of the office, the Assistant Secretary shall be directly responsible to the Secretary or the Under Secretary as designed by the Secretary. The functions of the Assistant Secretary shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Assistant Secretary. Any reference in this Act to duties to be carried out by the Assistant Secretary shall be considered to be a reference to duties to be carried out by the Secretary acting through the Assistant Secretary. . 135. Prompt allocation of funds Section 182 ( 29 U.S.C. 2932 ) is amended— (1) in subsection (c), by striking 127 or ; and (2) in subsection (e)— (A) by striking sections 128 and 133 and inserting section 133 ; and (B) by striking 127 or . 136. Fiscal controls; sanctions Section 184(a)(2) ( 29 U.S.C. 2934(a)(2) ) is amended— (1) by striking (A) and all that follows through Each and inserting Each ; and (2) by striking subparagraph (B). 137. Reports to Congress Section 185 (29 U.S.C. 2935) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking and after the semicolon; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) shall have the option to submit or disseminate electronically any reports, records, plans, or any other data that are required to be collected or disseminated under this title. ; and (2) in subsection (e)(2), by inserting and the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, after Secretary, . 138. Administrative provisions Section 189 (29 U.S.C. 2939) is amended— (1) in subsection (g)— (A) by amending paragraph (1) to read as follows: (1) In general Appropriations for any fiscal year for programs and activities carried out under this title shall be available for obligation only on the basis of a program year. The program year shall begin on July 1 in the fiscal year for which the appropriation is made. ; and (B) in paragraph (2)— (i) by striking each State and inserting each recipient ; and (ii) by striking 171 or ; (2) in subsection (i)— (A) by striking paragraphs (2) and (3); (B) by redesignating paragraph (4) as paragraph (2); (C) by amending paragraph (2)(A), as so redesignated— (i) by striking requirements of subparagraph (B) and all that follows through any of the statutory or regulatory requirements of subtitle B and inserting requirements of subparagraph (B) or (D), any of the statutory or regulatory requirements of subtitle B ; (ii) by striking clause (ii); and (iii) in clause (i), by striking ; and and inserting a period at the end; and (D) by adding at the end the following: (D) Expedited process for extending approved waivers to additional states In lieu of the requirements of subparagraphs (B) and (C), the Secretary may establish an expedited procedure for the purpose of extending to additional States the waiver of statutory or regulatory requirements that have been approved for a State pursuant to a request under subparagraph (B). Such procedure shall ensure that the extension of such waivers to additional States are accompanied by appropriate conditions relating the implementation of such waivers. . 139. State legislative authority Section 191(a) ( 29 U.S.C. 2941(a) ) is amended— (1) by striking consistent with the provisions of this title and inserting consistent with State law and the provisions of this title ; and (2) by striking consistent with the terms and conditions required under this title and inserting consistent with State law and the terms and conditions required under this title . 140. General program requirements Section 195 (29 U.S.C. 2945) is amended— (1) in paragraph (7), by inserting at the end the following: (D) Funds received by a public or private nonprofit entity that are not described in paragraph (B), such as funds privately raised from philanthropic foundations, businesses, or other private entities, shall not be considered to be income under this title and shall not be subject to the requirements of this section. ; and (2) by adding at the end the following new paragraphs: (14) Funds provided under this title shall not be used to establish or operate stand-alone fee-for-service enterprises that compete with private sector employment agencies within the meaning of section 701(c) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(c) ), except that for purposes of this paragraph, such an enterprise does not include one-stop centers. (15) Any report required to be submitted to Congress, or to a Committee of Congress, under this title shall be submitted to both the chairmen and ranking minority members of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. . 141. Department Staff Subtitle E of title I ( 29 U.S.C. 2931 et seq. ) is amended by adding at the end the following new section: 196. Department staff The Secretary shall— (1) not later than 60 days after the date of the enactment of the SKILLS Act— (A) identify the number of Department of Labor employees who work on or administer programs under this Act, as such programs were in effect on the day before such date of enactment; and (B) publish such information on the Department’s website; (2) not later than 60 days after such date of enactment, identify the number of full-time equivalent employees who work on or administer programs authorized under this Act, as such programs were in effect on the day before such date of enactment, that have been eliminated or consolidated on or after such date; and (3) not later than 1 year after such date of enactment— (A) reduce the workforce of the Department of Labor by the number of full-time equivalent employees identified under paragraph (2); and (B) submit to Congress a report on— (i) the number of employees associated with each program authorized under this Act and administered by the Department; (ii) the number of full-time equivalent employees identified under paragraph (2); and (iii) how the Secretary reduced the number of employees at the Department under subparagraph (A) . . F State Unified Plan 142. State unified plan Section 501 (20 U.S.C. 9271) is amended— (1) by amending subsection (b) to read as follows: (b) State unified plan (1) In general A State may develop and submit to the appropriate Secretaries a State unified plan for 2 or more of the activities or programs set forth in paragraph (2). The State unified plan shall cover one or more of the activities set forth in subparagraphs (A) and (B) of paragraph (2) and may cover one or more of the activities set forth in subparagraphs (C) through (N) of paragraph (2). For purposes of this paragraph, the activities and programs described in subparagraphs (A) and (B) of paragraph (2) shall not be considered to be 2 or more activities or programs for purposes of the unified plan. Such activities or programs shall be considered to be 1 activity or program. (2) Activities and programs The activities and programs referred to in paragraph (1) are as follows: (A) Programs and activities authorized under title I. (B) Programs and activities authorized under title II. (C) Programs authorized under the Rehabilitation Act of 1973. (D) Secondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (E) Postsecondary career education programs authorized under the Carl D. Perkins Career and Applied Technology Education Act. (F) Programs and activities authorized under title II of the Trade Act of 1974. (G) National Apprenticeship Act of 1937. (H) Programs authorized under the Community Services Block Grant Act. (I) Programs authorized under the part A of title IV of the Social Security Act. (J) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law). (K) Work programs authorized under section 6(o) of the Food Stamp Act of 1977. (L) Programs and activities authorized title I of the Housing and Community Development Act of 1974. (M) Programs and activities authorized under the Public Workers and Economic Development Act of 1965. (N) Activities as defined under chapter 41 of title 38, United States Code. ; and (2) by adding at the end, the following: (e) Additional employment and training funds (1) Purpose It is the purpose of this subsection to reduce inefficiencies in the administration of federally-funded State and local employment and training programs. (2) In general In developing a State unified plan for the activities or programs described in subsection (b)(2) and subject to paragraph (4) and the State plan approval process under subsection (d), a State may propose to consolidate the amount, in whole or part, provided for the activities or programs dedicated to employment and training into the Workforce Investment Fund under section 132(b) to improve the administration of State and local employment and training programs. (3) Requirements A State with a State unified plan approved under subsection (d) for purposes of consolidation under paragraph (2) and that is carrying out such consolidation shall— (A) continue to meet the program requirements, limitations, and prohibitions of any Federal statute authorizing the activity or program consolidated into the Workforce Investment Fund; (B) meet the intent and purpose of the activity or program consolidated into the Workforce Investment Fund; and (C) continue to make reservations and allotments under subsections (a) and (b) of section 133. (4) Exceptions A State may not consolidate funds under paragraph (2) that are allocated to the State under— (A) the Carl D. Perkins Career and Technical Education Act of 2006; or (B) the Rehabilitation Act of 1973. . II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Amendment Title II ( 20 U.S.C. 2901 et seq. ) is amended to read as follows: II ADULT EDUCATION AND FAMILY LITERACY EDUCATION 201. Short title This title may be cited as the Adult Education and Family Literacy Education Act . 202. Purpose It is the purpose of this title to provide instructional opportunities for adults seeking to improve their literacy skills, including their basic reading, writing, speaking, and math skills, and support States and local communities in providing, on a voluntary basis, adult education and family literacy education programs, in order to— (1) increase the literacy of adults, including the basic reading, writing, speaking, and math skills, to a level of proficiency necessary for adults to obtain employment and self-sufficiency and to successfully advance in the workforce; (2) assist adults in the completion of a secondary school education (or its equivalent) and the transition to a postsecondary educational institution; (3) assist adults who are parents to enable them to support the educational development of their children and make informed choices regarding their children’s education including, through instruction in basic reading, writing, speaking, and math skills; and (4) assist adults who are not proficient in English in improving their reading, writing, speaking, listening, comprehension, and math skills. 203. Definitions In this title: (1) Adult education and family literacy education programs The term adult education and family literacy education programs means a sequence of academic instruction and educational services below the postsecondary level that increase an individual’s ability to read, write, and speak English and perform mathematical computations leading to a level of proficiency equivalent to at least a secondary school completion that is provided for individuals— (A) who are at least 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic reading, writing, speaking, and math skills to enable the individuals to function effectively in society; (ii) do not have a secondary school diploma or its equivalent and have not achieved an equivalent level of education; or (iii) are English learners. (2) Eligible agency The term eligible agency — (A) means the primary entity or agency in a State or an outlying area responsible for administering or supervising policy for adult education and family literacy education programs in the State or outlying area, respectively, consistent with the law of the State or outlying area, respectively; and (B) may be the State educational agency, the State agency responsible for administering workforce investment activities, or the State agency responsible for administering community or technical colleges. (3) Eligible provider The term eligible provider means an organization of demonstrated effectiveness which is— (A) a local educational agency; (B) a community-based or faith-based organization; (C) a volunteer literacy organization; (D) an institution of higher education; (E) a public or private educational agency; (F) a library; (G) a public housing authority; (H) an institution that is not described in any of subparagraphs (A) through (G) and has the ability to provide adult education, basic skills, and family literacy education programs to adults and families; or (I) a consortium of the agencies, organizations, institutions, libraries, or authorities described in any of subparagraphs (A) through (H). (4) English language acquisition program The term English language acquisition program means a program of instruction— (A) designed to help English learners achieve competence in reading, writing, speaking, and comprehension of the English language; and (B) that may lead to— (i) attainment of a secondary school diploma or its recognized equivalent; (ii) transition to success in postsecondary education and training; and (iii) employment or career advancement. (5) Family literacy education program The term family literacy education program means an educational program that— (A) assists parents and students, on a voluntary basis, in achieving the purposes of this title as described in section 202; and (B) is of sufficient intensity in terms of hours and of sufficient quality to make sustainable changes in a family, is evidence-based, and, for the purpose of substantially increasing the ability of parents and children to read, write, and speak English, integrates— (i) interactive literacy activities between parents and their children; (ii) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (iii) parent literacy training that leads to economic self-sufficiency; and (iv) an age-appropriate education to prepare children for success in school and life experiences. (6) Governor The term Governor means the chief executive officer of a State or outlying area. (7) Individual with a disability (A) In general The term individual with a disability means an individual with any disability (as defined in section 3 of the Americans with Disabilities Act of 1990). (B) Individuals with disabilities The term individuals with disabilities means more than one individual with a disability. (8) English learner The term English learner means an adult or out-of-school youth who has limited ability in reading, writing, speaking, or understanding the English language, and— (A) whose native language is a language other than English; or (B) who lives in a family or community environment where a language other than English is the dominant language. (9) Integrated Education and Training The term integrated education and training means services that provide adult education and literacy activities contextually and concurrently with workforce preparation activities and workforce training for a specific occupation or occupational cluster. Such services may include offering adult education services concurrent with postsecondary education and training, including through co-instruction. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965. (11) Literacy The term literacy means an individual’s ability to read, write, and speak in English, compute, and solve problems at a level of proficiency necessary to obtain employment and to successfully make the transition to postsecondary education. (12) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (13) Outlying area The term outlying area has the meaning given the term in section 101 of this Act. (14) Postsecondary educational institution The term postsecondary educational institution means— (A) an institution of higher education that provides not less than a 2-year program of instruction that is acceptable for credit toward a bachelor’s degree; (B) a tribally controlled community college; or (C) a nonprofit educational institution offering certificate or apprenticeship programs at the postsecondary level. (15) Secretary The term Secretary means the Secretary of Education. (16) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (17) State educational agency The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. (18) Workplace literacy program The term workplace literacy program means an educational program that is offered in collaboration between eligible providers and employers or employee organizations for the purpose of improving the productivity of the workforce through the improvement of reading, writing, speaking, and math skills. 204. Home schools Nothing in this title shall be construed to affect home schools, whether or not a home school is treated as a home school or a private school under State law, or to compel a parent engaged in home schooling to participate in adult education and family literacy education activities under this title. 205. Authorization of appropriations There are authorized to be appropriated to carry out this title, $606,294,933 for fiscal years 2014 and for each of the 6 succeeding fiscal years. A Federal Provisions 211. Reservation of funds; grants to eligible agencies; allotments (a) Reservation of funds From the sums appropriated under section 205 for a fiscal year, the Secretary shall reserve 2.0 percent to carry out section 242. (b) Grants to eligible agencies (1) In general From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall award a grant to each eligible agency having a State plan approved under section 224 in an amount equal to the sum of the initial allotment under subsection (c)(1) and the additional allotment under subsection (c)(2) for the eligible agency for the fiscal year, subject to subsections (f) and (g). (2) Purpose of grants The Secretary may award a grant under paragraph (1) only if the eligible agency involved agrees to expend the grant in accordance with the provisions of this title. (c) Allotments (1) Initial allotments From the sums appropriated under section 205 and not reserved under subsection (a) for a fiscal year, the Secretary shall allot to each eligible agency having a State plan approved under section 224— (A) $100,000, in the case of an eligible agency serving an outlying area; and (B) $250,000, in the case of any other eligible agency. (2) Additional allotments From the sums appropriated under section 205, not reserved under subsection (a), and not allotted under paragraph (1), for a fiscal year, the Secretary shall allot to each eligible agency that receives an initial allotment under paragraph (1) an additional amount that bears the same relationship to such sums as the number of qualifying adults in the State or outlying area served by the eligible agency bears to the number of such adults in all States and outlying areas. (d) Qualifying adult For the purpose of subsection (c)(2), the term qualifying adult means an adult who— (1) is at least 16 years of age; (2) is beyond the age of compulsory school attendance under the law of the State or outlying area; (3) does not have a secondary school diploma or its recognized equivalent; and (4) is not enrolled in secondary school. (e) Special rule (1) In general From amounts made available under subsection (c) for the Republic of Palau, the Secretary shall award grants to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau to carry out activities described in this title in accordance with the provisions of this title as determined by the Secretary. (2) Termination of eligibility Notwithstanding any other provision of law, the Republic of Palau shall be eligible to receive a grant under this title until an agreement for the extension of United States education assistance under the Compact of Free Association for the Republic of Palau becomes effective. (f) Hold-Harmless provisions (1) In general Notwithstanding subsection (c) and subject to paragraph (2), for— (A) fiscal year 2014, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for fiscal year 2012 under this title; and (B) fiscal year 2015 and each succeeding fiscal year, no eligible agency shall receive an allotment under this title that is less than 90 percent of the allotment the eligible agency received for the preceding fiscal year under this title. (2) Ratable reduction If, for any fiscal year the amount available for allotment under this title is insufficient to satisfy the provisions of paragraph (1), the Secretary shall ratable reduce the payments to all eligible agencies, as necessary. (g) Reallotment The portion of any eligible agency’s allotment under this title for a fiscal year that the Secretary determines will not be required for the period such allotment is available for carrying out activities under this title, shall be available for reallotment from time to time, on such dates during such period as the Secretary shall fix, to other eligible agencies in proportion to the original allotments to such agencies under this title for such year. 212. Performance accountability system Programs and activities authorized under this title are subject to the performance accountability provisions described in paragraph (2)(A) and (3) of section 136(b) and may, at a State’s discretion, include additional indicators identified in the State plan approved under section 224. B State Provisions 221. State administration Each eligible agency shall be responsible for the following activities under this title: (1) The development, submission, implementation, and monitoring of the State plan. (2) Consultation with other appropriate agencies, groups, and individuals that are involved in, or interested in, the development and implementation of activities assisted under this title. (3) Coordination and avoidance of duplication with other Federal and State education, training, corrections, public housing, and social service programs. 222. State distribution of funds; matching requirement (a) State distribution of funds Each eligible agency receiving a grant under this title for a fiscal year— (1) shall use an amount not less than 82.5 percent of the grant funds to award grants and contracts under section 231 and to carry out section 225, of which not more than 10 percent of such amount shall be available to carry out section 225; (2) shall use not more than 12.5 percent of the grant funds to carry out State leadership activities under section 223; and (3) shall use not more than 5 percent of the grant funds, or $65,000, whichever is greater, for the administrative expenses of the eligible agency. (b) Matching requirement (1) In general In order to receive a grant from the Secretary under section 211(b), each eligible agency shall provide, for the costs to be incurred by the eligible agency in carrying out the adult education and family literacy education programs for which the grant is awarded, a non-Federal contribution in an amount that is not less than— (A) in the case of an eligible agency serving an outlying area, 12 percent of the total amount of funds expended for adult education and family literacy education programs in the outlying area, except that the Secretary may decrease the amount of funds required under this subparagraph for an eligible agency; and (B) in the case of an eligible agency serving a State, 25 percent of the total amount of funds expended for adult education and family literacy education programs in the State. (2) Non-federal contribution An eligible agency’s non-Federal contribution required under paragraph (1) may be provided in cash or in kind, fairly evaluated, and shall include only non-Federal funds that are used for adult education and family literacy education programs in a manner that is consistent with the purpose of this title. 223. State leadership activities (a) In general Each eligible agency may use funds made available under section 222(a)(2) for any of the following adult education and family literacy education programs: (1) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (2) The provision of technical assistance to eligible providers of adult education and family literacy education programs, including for the development and dissemination of evidence based research instructional practices in reading, writing, speaking, math, and English language acquisition programs. (3) The provision of assistance to eligible providers in developing, implementing, and reporting measurable progress in achieving the objectives of this title. (4) The monitoring and evaluation of the quality of, and the improvement in, adult education and literacy activities. (5) The provision of technology assistance, including staff training, to eligible providers of adult education and family literacy education programs, including distance education activities, to enable the eligible providers to improve the quality of such activities. (6) The development and implementation of technology applications or distance education, including professional development to support the use of instructional technology. (7) Coordination with other public programs, including programs under title I of this Act, and other welfare-to-work, workforce development, and job training programs. (8) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and family literacy education programs, for adults enrolled in such activities. (9) The development and implementation of a system to assist in the transition from adult basic education to postsecondary education. (10) Activities to promote workplace literacy programs. (11) Other activities of statewide significance, including assisting eligible providers in achieving progress in improving the skill levels of adults who participate in programs under this title. (12) Integration of literacy, instructional, and occupational skill training and promotion of linkages with employees. (b) Coordination In carrying out this section, eligible agencies shall coordinate where possible, and avoid duplicating efforts, in order to maximize the impact of the activities described in subsection (a). (c) State-Imposed requirements Whenever a State or outlying area implements any rule or policy relating to the administration or operation of a program authorized under this title that has the effect of imposing a requirement that is not imposed under Federal law (including any rule or policy based on a State or outlying area interpretation of a Federal statute, regulation, or guideline), the State or outlying area shall identify, to eligible providers, the rule or policy as being imposed by the State or outlying area. 224. State plan (a) 3-Year plans (1) In general Each eligible agency desiring a grant under this title for any fiscal year shall submit to, or have on file with, the Secretary a 3-year State plan. (2) State unified plan The eligible agency may submit the State plan as part of a State unified plan described in section 501. (b) Plan contents The eligible agency shall include in the State plan or any revisions to the State plan— (1) an objective assessment of the needs of individuals in the State or outlying area for adult education and family literacy education programs, including individuals most in need or hardest to serve; (2) a description of the adult education and family literacy education programs that will be carried out with funds received under this title; (3) an assurance that the funds received under this title will not be expended for any purpose other than for activities under this title; (4) a description of how the eligible agency will annually evaluate and measure the effectiveness and improvement of the adult education and family literacy education programs funded under this title using the indicators of performance described in section 136, including how the eligible agency will conduct such annual evaluations and measures for each grant received under this title; (5) a description of how the eligible agency will fund local activities in accordance with the measurable goals described in section 231(d); (6) an assurance that the eligible agency will expend the funds under this title only in a manner consistent with fiscal requirements in section 241; (7) a description of the process that will be used for public participation and comment with respect to the State plan, which— (A) shall include consultation with the State workforce investment board, the State board responsible for administering community or technical colleges, the Governor, the State educational agency, the State board or agency responsible for administering block grants for temporary assistance to needy families under title IV of the Social Security Act, the State council on disabilities, the State vocational rehabilitation agency, and other State agencies that promote the improvement of adult education and family literacy education programs, and direct providers of such programs; and (B) may include consultation with the State agency on higher education, institutions responsible for professional development of adult education and family literacy education programs instructors, representatives of business and industry, refugee assistance programs, and faith-based organizations; (8) a description of the eligible agency’s strategies for serving populations that include, at a minimum— (A) low-income individuals; (B) individuals with disabilities; (C) the unemployed; (D) the underemployed; and (E) individuals with multiple barriers to educational enhancement, including English learners; (9) a description of how the adult education and family literacy education programs that will be carried out with any funds received under this title will be integrated with other adult education, career development, and employment and training activities in the State or outlying area served by the eligible agency; (10) a description of the steps the eligible agency will take to ensure direct and equitable access, as required in section 231(c)(1), including— (A) how the State will build the capacity of community-based and faith-based organizations to provide adult education and family literacy education programs; and (B) how the State will increase the participation of business and industry in adult education and family literacy education programs; (11) an assessment of the adequacy of the system of the State or outlying area to ensure teacher quality and a description of how the State or outlying area will use funds received under this subtitle to improve teacher quality, including evidence-based professional development to improve instruction; and (12) a description of how the eligible agency will consult with any State agency responsible for postsecondary education to develop adult education that prepares students to enter postsecondary education without the need for remediation upon completion of secondary school equivalency programs. (c) Plan revisions When changes in conditions or other factors require substantial revisions to an approved State plan, the eligible agency shall submit the revisions of the State plan to the Secretary. (d) Consultation The eligible agency shall— (1) submit the State plan, and any revisions to the State plan, to the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, or outlying area for review and comment; and (2) ensure that any comments regarding the State plan by the Governor, the chief State school officer, or the State officer responsible for administering community or technical colleges, and any revision to the State plan, are submitted to the Secretary. (e) Plan approval The Secretary shall— (1) approve a State plan within 90 days after receiving the plan unless the Secretary makes a written determination within 30 days after receiving the plan that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (2) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to review the plan and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. 225. Programs for corrections education and other institutionalized individuals (a) Program authorized From funds made available under section 222(a)(1) for a fiscal year, each eligible agency shall carry out corrections education and education for other institutionalized individuals. (b) Uses of funds The funds described in subsection (a) shall be used for the cost of educational programs for criminal offenders in correctional institutions and for other institutionalized individuals, including academic programs for— (1) basic skills education; (2) special education programs as determined by the eligible agency; (3) reading, writing, speaking, and math programs; (4) secondary school credit or diploma programs or their recognized equivalent; and (5) integrated education and training. (c) Priority Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall give priority to serving individuals who are likely to leave the correctional institution within 5 years of participation in the program. (d) Definitions For purposes of this section: (1) Correctional institution The term correctional institution means any— (A) prison; (B) jail; (C) reformatory; (D) work farm; (E) detention center; or (F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Criminal offender The term criminal offender means any individual who is charged with, or convicted of, any criminal offense. C Local Provisions 231. Grants and contracts for eligible providers (a) Grants and contracts From grant funds made available under section 222(a)(1), each eligible agency shall award multi-year grants or contracts, on a competitive basis, to eligible providers within the State or outlying area that meet the conditions and requirements of this title to enable the eligible providers to develop, implement, and improve adult education and family literacy education programs within the State. (b) Local activities The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to establish or operate— (1) programs that provide adult education and literacy activities; (2) programs that provide integrated employment and training activities; or (3) credit-bearing postsecondary coursework. (c) Direct and equitable access; same process Each eligible agency receiving funds under this title shall ensure that— (1) all eligible providers have direct and equitable access to apply for grants or contracts under this section; and (2) the same grant or contract announcement process and application process is used for all eligible providers in the State or outlying area. (d) Measurable goals The eligible agency shall require eligible providers receiving a grant or contract under subsection (a) to demonstrate— (1) the eligible provider’s measurable goals for participant outcomes to be achieved annually on the core indicators of performance described in section 136(b)(2)(A); (2) the past effectiveness of the eligible provider in improving the basic academic skills of adults and, for eligible providers receiving grants in the prior year, the success of the eligible provider receiving funding under this title in exceeding its performance goals in the prior year; (3) the commitment of the eligible provider to serve individuals in the community who are the most in need of basic academic skills instruction services, including individuals with disabilities and individuals who are low-income or have minimal reading, writing, speaking, and math skills, or are English learners; (4) the program is of sufficient intensity and quality for participants to achieve substantial learning gains; (5) educational practices are evidence-based; (6) the activities of the eligible provider effectively employ advances in technology, and delivery systems including distance education; (7) the activities provide instruction in real-life contexts, including integrated education and training when appropriate, to ensure that an individual has the skills needed to compete in the workplace and exercise the rights and responsibilities of citizenship; (8) the activities are staffed by well-trained instructors, counselors, and administrators who meet minimum qualifications established by the State; (9) the activities are coordinated with other available resources in the community, such as through strong links with elementary schools and secondary schools, postsecondary educational institutions, local workforce investment boards, one-stop centers, job training programs, community-based and faith-based organizations, and social service agencies; (10) the activities offer flexible schedules and support services (such as child care and transportation) that are necessary to enable individuals, including individuals with disabilities or other special needs, to attend and complete programs; (11) the activities include a high-quality information management system that has the capacity to report measurable participant outcomes (consistent with section 136) and to monitor program performance; (12) the local communities have a demonstrated need for additional English language acquisition programs, and integrated education and training programs; (13) the capacity of the eligible provider to produce valid information on performance results, including enrollments and measurable participant outcomes; (14) adult education and family literacy education programs offer rigorous reading, writing, speaking, and math content that are evidence based; and (15) applications of technology, and services to be provided by the eligible providers, are of sufficient intensity and duration to increase the amount and quality of learning and lead to measurable learning gains within specified time periods. (e) Special rule Eligible providers may use grant funds under this title to serve children participating in family literacy programs assisted under this part, provided that other sources of funds available to provide similar services for such children are used first. 232. Local application Each eligible provider desiring a grant or contract under this title shall submit an application to the eligible agency containing such information and assurances as the eligible agency may require, including— (1) a description of how funds awarded under this title will be spent consistent with the requirements of this title; (2) a description of any cooperative arrangements the eligible provider has with other agencies, institutions, or organizations for the delivery of adult education and family literacy education programs; and (3) each of the demonstrations required by section 231(d). 233. Local administrative cost limits (a) In general Subject to subsection (b), of the amount that is made available under this title to an eligible provider— (1) at least 95 percent shall be expended for carrying out adult education and family literacy education programs; and (2) the remaining amount shall be used for planning, administration, personnel and professional development, development of measurable goals in reading, writing, speaking, and math, and interagency coordination. (b) Special rule In cases where the cost limits described in subsection (a) are too restrictive to allow for adequate planning, administration, personnel development, and interagency coordination, the eligible provider may negotiate with the eligible agency in order to determine an adequate level of funds to be used for noninstructional purposes. D General Provisions 241. Administrative provisions Funds made available for adult education and family literacy education programs under this title shall supplement and not supplant other State or local public funds expended for adult education and family literacy education programs. 242. National activities The Secretary shall establish and carry out a program of national activities that may include the following: (1) Providing technical assistance to eligible entities, on request, to— (A) improve their fiscal management, research-based instruction, and reporting requirements to carry out the requirements of this title; (B) improve its performance on the core indicators of performance described in section 136; (C) provide adult education professional development; and (D) use distance education and improve the application of technology in the classroom, including instruction in English language acquisition for English learners. (2) Providing for the conduct of research on national literacy basic skill acquisition levels among adults, including the number of adult English learners functioning at different levels of reading proficiency. (3) Improving the coordination, efficiency, and effectiveness of adult education and workforce development services at the national, State, and local levels. (4) Determining how participation in adult education, English language acquisition, and family literacy education programs prepares individuals for entry into and success in postsecondary education and employment, and in the case of prison-based services, the effect on recidivism. (5) Evaluating how different types of providers, including community and faith-based organizations or private for-profit agencies measurably improve the skills of participants in adult education, English language acquisition, and family literacy education programs. (6) Identifying model integrated basic and workplace skills education programs, including programs for English learners coordinated literacy and employment services, and effective strategies for serving adults with disabilities. (7) Initiating other activities designed to improve the measurable quality and effectiveness of adult education, English language acquisition, and family literacy education programs nationwide. . III AMENDMENTS TO THE WAGNER-PEYSER ACT 301. Amendments to the Wagner-Peyser Act The Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) is amended by amending section 15 to read as follows: 15. Workforce and labor market information system (a) System content (1) In general The Secretary of Labor, in accordance with the provisions of this section, shall oversee the development, maintenance, and continuous improvement of a nationwide workforce and labor market information system that includes— (A) statistical data from cooperative statistical survey and projection programs and data from administrative reporting systems that, taken together, enumerate, estimate, and project employment opportunities and conditions at national, State, and local levels in a timely manner, including statistics on— (i) employment and unemployment status of national, State, and local populations, including self-employed, part-time, and seasonal workers; (ii) industrial distribution of occupations, as well as current and projected employment opportunities, wages, benefits (where data is available), and skill trends by occupation and industry, with particular attention paid to State and local conditions; (iii) the incidence of, industrial and geographical location of, and number of workers displaced by, permanent layoffs and plant closings; and (iv) employment and earnings information maintained in a longitudinal manner to be used for research and program evaluation; (B) information on State and local employment opportunities, and other appropriate statistical data related to labor market dynamics, which— (i) shall be current and comprehensive; (ii) shall meet the needs identified through the consultations described in subparagraphs (A) and (B) of subsection (e)(2); and (iii) shall meet the needs for the information identified in section 121; (C) technical standards (which the Secretary shall publish annually) for data and information described in subparagraphs (A) and (B) that, at a minimum, meet the criteria of chapter 35 of title 44, United States Code; (D) procedures to ensure compatibility and additivity of the data and information described in subparagraphs (A) and (B) from national, State, and local levels; (E) procedures to support standardization and aggregation of data from administrative reporting systems described in subparagraph (A) of employment-related programs; (F) analysis of data and information described in subparagraphs (A) and (B) for uses such as— (i) national, State, and local policymaking; (ii) implementation of Federal policies (including allocation formulas); (iii) program planning and evaluation; and (iv) researching labor market dynamics; (G) wide dissemination of such data, information, and analysis in a user-friendly manner and voluntary technical standards for dissemination mechanisms; and (H) programs of— (i) training for effective data dissemination; (ii) research and demonstration; and (iii) programs and technical assistance. (2) Information to be confidential (A) In general No officer or employee of the Federal Government or agent of the Federal Government may— (i) use any submission that is furnished for exclusively statistical purposes under the provisions of this section for any purpose other than the statistical purposes for which the submission is furnished; (ii) disclose to the public any publication or media transmittal of the data contained in the submission described in clause (i) that permits information concerning an individual subject to be reasonably inferred by either direct or indirect means; or (iii) permit anyone other than a sworn officer, employee, or agent of any Federal department or agency, or a contractor (including an employee of a contractor) of such department or agency, to examine an individual submission described in clause (i), without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission. (B) Immunity from legal process Any submission (including any data derived from the submission) that is collected and retained by a Federal department or agency, or an officer, employee, agent, or contractor of such a department or agency, for exclusively statistical purposes under this section shall be immune from the legal process and shall not, without the consent of the individual, agency, or other person who is the subject of the submission or provides that submission, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (C) Rule of construction Nothing in this section shall be construed to provide immunity from the legal process for such submission (including any data derived from the submission) if the submission is in the possession of any person, agency, or entity other than the Federal Government or an officer, employee, agent, or contractor of the Federal Government, or if the submission is independently collected, retained, or produced for purposes other than the purposes of this Act. (b) System responsibilities (1) In general The workforce and labor market information system described in subsection (a) shall be planned, administered, overseen, and evaluated through a cooperative governance structure involving the Federal Government and States. (2) Duties The Secretary, with respect to data collection, analysis, and dissemination of workforce and labor market information for the system, shall carry out the following duties: (A) Assign responsibilities within the Department of Labor for elements of the workforce and labor market information system described in subsection (a) to ensure that all statistical and administrative data collected is consistent with appropriate Bureau of Labor Statistics standards and definitions. (B) Actively seek the cooperation of other Federal agencies to establish and maintain mechanisms for ensuring complementarity and nonduplication in the development and operation of statistical and administrative data collection activities. (C) Eliminate gaps and duplication in statistical undertakings, with the systemization of wage surveys as an early priority. (D) In collaboration with the Bureau of Labor Statistics and States, develop and maintain the elements of the workforce and labor market information system described in subsection (a), including the development of consistent procedures and definitions for use by the States in collecting the data and information described in subparagraphs (A) and (B) of subsection (a)(1). (E) Establish procedures for the system to ensure that— (i) such data and information are timely; (ii) paperwork and reporting for the system are reduced to a minimum; and (iii) States and localities are fully involved in the development and continuous improvement of the system at all levels. (c) National electronic tools To provide services The Secretary is authorized to assist in the development of national electronic tools that may be used to facilitate the delivery of work ready services described in section 134(c)(2) and to provide workforce information to individuals through the one-stop delivery systems described in section 121 and through other appropriate delivery systems. (d) Coordination with the states (1) In general The Secretary, working through the Bureau of Labor Statistics and the Employment and Training Administration, shall regularly consult with representatives of State agencies carrying out workforce information activities regarding strategies for improving the workforce and labor market information system. (2) Formal consultations At least twice each year, the Secretary, working through the Bureau of Labor Statistics, shall conduct formal consultations regarding programs carried out by the Bureau of Labor Statistics with representatives of each of the Federal regions of the Bureau of Labor Statistics, elected (pursuant to a process established by the Secretary) from the State directors affiliated with State agencies that perform the duties described in subsection (e)(2). (e) State responsibilities (1) In general In order to receive Federal financial assistance under this section, the Governor of a State shall— (A) be responsible for the management of the portions of the workforce and labor market information system described in subsection (a) that comprise a statewide workforce and labor market information system and for the State’s participation in the development of the annual plan; (B) establish a process for the oversight of such system; (C) consult with State and local employers, participants, and local workforce investment boards about the labor market relevance of the data to be collected and disseminated through the statewide workforce and labor market information system; (D) consult with State educational agencies and local educational agencies concerning the provision of employment statistics in order to meet the needs of secondary school and postsecondary school students who seek such information; (E) collect and disseminate for the system, on behalf of the State and localities in the State, the information and data described in subparagraphs (A) and (B) of subsection (a)(1); (F) maintain and continuously improve the statewide workforce and labor market information system in accordance with this section; (G) perform contract and grant responsibilities for data collection, analysis, and dissemination for such system; (H) conduct such other data collection, analysis, and dissemination activities as will ensure an effective statewide workforce and labor market information system; (I) actively seek the participation of other State and local agencies in data collection, analysis, and dissemination activities in order to ensure complementarity, compatibility, and usefulness of data; (J) participate in the development of the annual plan described in subsection (c); and (K) utilize the quarterly records described in section 136(f)(2) to assist the State and other States in measuring State progress on State performance measures. (2) Rule of construction Nothing in this section shall be construed as limiting the ability of a Governor to conduct additional data collection, analysis, and dissemination activities with State funds or with Federal funds from sources other than this section. (f) Nonduplication requirement None of the functions and activities carried out pursuant to this section shall duplicate the functions and activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $63,473,000 for fiscal year 2014 and each of the 6 succeeding fiscal years. (h) Definition In this section, the term local area means the smallest geographical area for which data can be produced with statistical reliability. . IV REPEALS AND CONFORMING AMENDMENTS 401. Repeals The following provisions are repealed: (1) Chapter 4 of subtitle B of title I, and sections 123, 155, 166, 167, 168, 169, 171, 173, 173A, 174, 192, 194, 502, 503, and 506 of the Workforce Investment Act of 1998. (2) Title V of the Older Americans Act of 1965. (3) Sections 1 through 14 of the Wagner-Peyser Act. (4) Youth Conservation Corps Act of 1970 ( 16 U.S.C. 1701 et seq. ). (5) Section 821 of the Higher Education Amendments of 1998 ( 20 U.S.C. 1151 ) (Grants to States for workplace and community transition training for incarcerated individuals). (6) The Women in Apprenticeship and Nontraditional Occupations Act (29 U.S.C. 2501 et seq.). (7) Sections 4103A and 4104 of title 38, United States Code. 402. Amendment to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 Section 104(k)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604 ) is amended by striking , training, . 403. Amendments to the Food and Nutrition Act of 2008 (a) Definition Section 3(t) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(t) ) is amended— (1) by striking and (2) and inserting (2) , and (2) by inserting before the period at the end the following: , and (3) when referencing employment and training activities under section 6(d)(4), a State board as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (d)(14) by striking section 6(d)(4)(I) and inserting section 6(d)(4)(C) , and (2) in subsection (g)(3) by striking constitutes adequate participation in an employment and training program under section 6(d) and inserting allows the individual to participate in employment and training activities under section 6(d)(4) . (c) Eligibility disqualifications Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ) is amended to read as follows: (4) Employment and training (A) Implementation Each State agency shall provide employment and training services authorized under section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 ) to eligible members of households participating in the supplemental nutrition assistance program in gaining skills, training, work, or experience that will increase their ability to obtain regular employment. (B) Statewide workforce development system Consistent with subparagraph (A), employment and training services shall be provided through the statewide workforce development system, including the One-Stop delivery system, authorized by the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (C) Reimbursements (i) Actual costs The State agency shall provide payments or reimbursement to participants served under this paragraph for— (I) the actual costs of transportation and other actual costs (other than dependent care costs) that are reasonably necessary and directly related to the individual participating in employment and training activities; and (II) the actual costs of such dependent care expenses that are determined by the State agency to be necessary for the individual to participate in employment and training activities (other than an individual who is the caretaker relative of a dependent in a family receiving benefits under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in a local area where an employment, training, or education program under title IV of such Act is in operation), except that no such payment or reimbursement shall exceed the applicable local market rate. (ii) Service contracts and vouchers In lieu of providing reimbursements or payments for dependent care expenses under clause (i), a State agency may, at its option, arrange for dependent care through providers by the use of purchase of service contracts or vouchers or by providing vouchers to the household. (iii) Value of reimbursements The value of any dependent care services provided for or arranged under clause (ii), or any amount received as a payment or reimbursement under clause (i), shall— (I) not be treated as income for the purposes of any other Federal or federally assisted program that bases eligibility for, or the amount of benefits on, need; and (II) not be claimed as an employment-related expense for the purposes of the credit provided under section 21 of the Internal Revenue Code of 1986 (26 U.S.C. 21). . (d) Administration Section 11(e)(19) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(11) is amended to read as follows: (19) the plans of the State agency for providing employment and training services under section 6(d)(4); . (e) Administrative cost-Sharing and quality control Section 16(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended— (1) in paragraph (1)— (A) in subparagraph (A) by striking carry out employment and training programs and inserting provide employment and training services to eligible households under section 6(d)(4) , and (B) in subparagraph (D) by striking operating an employment and training program and inserting providing employment and training services consistent with section 6(d)(4) , (2) in paragraph (3) by striking related to participation in an employment and training program and inserting the individual participating in employment and training activities , (3) in paragraph (4) by striking for operating an employment and training program and inserting to provide employment and training services , and (4) by amending paragraph (5) to read as follows: (5) Monitoring The Secretary, in conjunction with the Secretary of Labor, shall monitor each State agency responsible for administering employment and training services under section 6(d)(4) to ensure funds are being spent effectively and efficiently. Each program of employment and training receiving funds under section 6(d)(4) shall be subject to the requirements of the performance accountability system, including having to meet the state performance measures included in section 136 of the Workforce Investment Act (29 U.S.C. 2871). . (f) Research, demonstration, and evaluations Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended— (1) in subsection (b) by striking paragraph (3), and (2) in subsection (g)— (A) by inserting , in conjunction with the Secretary of Labor, after Secretary , and (B) by striking programs established and inserting activities provided to eligible households . (g) Minnesota family investment project Section 22(b)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b)(4) ) is amended by striking equivalent to those offered under the employment and training program . 404. Amendments to section 412 of the Immigration and Nationality Act (a) Conditions and considerations Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking make available sufficient resources for employment training and placement and inserting provide refugees with the opportunity to access employment and training services, including job placement, ; and (B) in subparagraph (B)(ii), by striking services; and inserting services provided through the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ); ; (2) in paragraph (2)(C)(iii)(II), by inserting and training after employment ; (3) in paragraph (6)(A)— (A) in clause (ii)— (i) by striking insure and inserting ensure ; (ii) by inserting and training after employment ; and (iii) by striking assistance, and inserting assistance through the one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ), ; and (4) in paragraph (9), by inserting the Secretary of Labor, after Education, . (b) Program of initial resettlement Section 412(b)(2) of such Act (8 U.S.C. 1522(b)(2)) is amended— (1) by striking :orientation, instruction and inserting orientation and instruction ; and (2) by striking , and job training for refugees, and such other education and training of refugees, as facilitates and inserting for refugees to facilitate . (c) Project grants and contracts for services for refugees Section 412(c) of such Act ( 8 U.S.C. 1522(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting and training after employment ; and (B) by striking subparagraph (C); (2) in paragraph (2)(B), by striking paragraph— through in a manner and inserting paragraph in a manner ; and (3) by adding at the end the following: (3) In carrying out this section, the Director shall ensure that employment and training services are provided through the statewide workforce development system, as appropriate, authorized by the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). Such action may include— (A) making employment and training services as described under section 134 of such Act ( 29 U.S.C. 2864 ) available to refugees; and (B) providing refugees with access to a one-stop delivery system under section 121 of such Act (29 U.S.C. 2841). . (d) Cash assistance and medical assistance to refugees Section 412(e) of such Act (8 U.S.C. 1522(e)) is amended— (1) in paragraph (2)(A)(i), by inserting and training after providing employment ; and (2) in paragraph (3), by striking The and inserting Consistent with subsection (c)(3), the . 405. Amendments relating to the Second Chance Act of 2007 (a) Federal Prisoner Reentry Initiative Section 231 of the Second Chance Act of 2007 ( 42 U.S.C. 17541 ) is amended— (1) in subsection (a)(1)(E)— (A) by inserting the Department of Labor and before other Federal agencies ; and (B) by inserting State and local workforce investment boards, after community-based organizations, ; (2) in subsection (c)— (A) in paragraph (2), by striking at the end and ; (B) in paragraph (3), by striking at the end the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) to coordinate reentry programs with the employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ). ; and (3) in subsection (d), by adding at the end the following new paragraph: (6) Interaction with the workforce investment system (A) In general In carrying out this section, the Director shall ensure that employment and training services, including such employment and services offered through reentry programs, are provided, as appropriate, through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.). Such action may include— (i) making employment and training services available to prisoners prior to and immediately following the release of such prisoners; or (ii) providing prisoners with access by remote means to a one-stop delivery system under section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) in the State in which the prison involved is located. (B) Service defined In this paragraph, the term employment and training services means those services described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) offered by the Bureau of Prisons, including— (i) the skills assessment described in subsection (a)(1)(A); (ii) the skills development plan described in subsection (a)(1)(B); and (iii) the enhancement, development, and implementation of reentry and skills development programs. . (b) Duties of the Bureau of Prisons Section 4042(a)(5)(E) of title 18, United States Code, is amended— (1) in clause (ii), by striking Employment and inserting Employment and training services (as defined in paragraph (6) of section 231(d) of the Second Chance Act of 2007), including basic skills attainment, consistent with such paragraph ; (2) by striking clause (iii); and (3) by redesignating clauses (iv), (v), (vi), and (vii) as clauses (iii), (iv), (v), and (vi), respectively. 406. Amendments to the Omnibus Crime Control and Safe Streets Act of 1968 Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking vocational and inserting career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) and training ; (B) by redesignating each of paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) coordinating employment and training services provided through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ), for offenders upon release from prison, jail, or a juvenile facility, as appropriate; ; (2) in subsection (d)(2), by inserting , including local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832), after nonprofit organizations ; (3) in subsection (e)— (A) in paragraph (3), by striking victim services, and employment services and inserting and victim services ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following new paragraph: (4) provides employment and training services through the statewide workforce investment system under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ), including a one-stop delivery system under section 121 of such Act ( 29 U.S.C. 2841 ); and ; (4) in subsection (k)— (A) in paragraph (1)(A), by inserting , in accordance with paragraph (2) after under this section ; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following new paragraph: (2) Employment and training The Attorney General shall require each grantee under this section to measure the core indicators of performance as described in section 136(b)(2)(A) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(b)(2)(A) ) with respect to the program of such grantee funded with a grant under this section. . 407. H–1B nonimmigrant petitioner account Section 286(s) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s) ) is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (3) in paragraph (2) (as so redesignated), by striking 30 percent and inserting 50 percent ; (4) in paragraph (3)(A) (as so redesignated), by striking 10 percent and inserting 25 percent ; (5) by inserting after paragraph (3) (as so redesignated) the following: (4) Use of fees for gifted and talented student grant programs (A) In general 15 percent of the amounts deposited into the H–1B Nonimmigrant Petitioner Account shall be transferred to the Department of Education to remain available until expended to make grants to States, local educational agencies, and institutions of higher education to carry out activities that build the capacity of elementary schools and secondary schools to meet the academic needs of gifted and talented students. (B) Application To be eligible for a grant under this paragraph, a State, local educational agency, or institution of higher education shall submit an application to the Secretary of Education at such time and in such manner as the Secretary of Education shall require. Such application shall describe how the State, local educational agency, or institution of higher education will— (i) use funds received under this paragraph to meet the needs of gifted and talented students; and (ii) coordinate funds received under this paragraph with funds received under other Federal education laws. (C) Definitions For the purpose of this paragraph— (i) the terms State , local educational agency , elementary school , and secondary school have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965; and (ii) the term institution of higher education has the meaning given such term in section 102(a) of the Higher Education Act of 1965. ; and (6) in paragraph (6)— (A) by striking For fiscal year 1999, and all that follows through Beginning with fiscal year 2000, 5 percent and inserting 5 percent ; and (B) in the last sentence, by striking the period at the end and inserting and for carrying out the Secretary’s responsibilities under section 212(n)(2). . 408. Conforming amendments to the United States Code Title 38, United States Code, is amended— (1) by striking the item relating to section 4103A and section 4104 in the table of sections at the beginning of chapter 41 of such title; (2) in section 4102A— (A) in subsection (b)— (i) by striking paragraphs (5), (6), and (7); (ii) by redesignating paragraph (8) as paragraph (5); (B) by striking subsections (c) and (h); (C) by redesignating subsection (d), (e), (f), and (g) as subsection (c), (d), (e), and (f); (D) in subsection (e)(1) (as so redesignated)— (i) by striking , including disabled veterans’ outreach program specialists and local veterans' employment representatives providing employment, training, and placement services under this chapter in a State ; and (ii) by striking for purposes of subsection (c) . (3) in section 4109(a), by striking disabled veterans’ outreach program specialists, local veterans’ employment representatives and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (4) in section 4109(d)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; (5) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist and inserting veteran employment specialist appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (6) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A and inserting veteran employment specialists appointed under section 134(f) of the Workforce Investment Act of 1998 ; and (7) in section 4104A— (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: (A) the appropriate veteran employment specialist (in carrying out the functions described in section 134(f) of the Workforce Investment Act of 1998); ; and (B) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (A) collaborate with the appropriate veteran employment specialist (as described in section 134(f)) and the appropriate State boards and local boards (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)); . 409. Conforming amendment to table of contents The table of contents in section 1(b) is amended to read as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE INVESTMENT SYSTEMS Subtitle A—Workforce Investment Definitions Sec. 101. Definitions. Subtitle B—Statewide and Local Workforce Investment Systems Sec. 106. Purpose. Chapter 1—State Provisions Sec. 111. State workforce investment boards. Sec. 112. State plan. Chapter 2—Local Provisions Sec. 116. Local workforce investment areas. Sec. 117. Local workforce investment boards. Sec. 118. Local plan. Chapter 3—Workforce Investment Activities Providers Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. [Repealed]. Chapter 4—[Repealed] Chapter 5—Employment and Training Activities Sec. 131. General authorization. Sec. 132. State allotments. Sec. 133. Within State allocations. Sec. 134. Use of funds for employment and training activities. Chapter 6—General Provisions Sec. 136. Performance accountability system. Sec. 137. Authorization of appropriations. Subtitle C—Job Corps Sec. 141. Purposes. Sec. 142. Definitions. Sec. 143. Establishment. Sec. 144. Individuals eligible for the Job Corps. Sec. 145. Recruitment, screening, selection, and assignment of enrollees. Sec. 146. Enrollment. Sec. 147. Job Corps centers. Sec. 148. Program activities. Sec. 149. Counseling and job placement. Sec. 150. Support. Sec. 151. Operations. Sec. 152. Standards of conduct. Sec. 153. Community participation. Sec. 154. Workforce councils. Sec. 155. [Repealed]. Sec. 156. Technical assistance to centers. Sec. 157. Application of provisions of Federal law. Sec. 158. Special provisions. Sec. 159. Management information. Sec. 160. General provisions. Sec. 161. Closure of low-performing Job Corps centers. Sec. 162. Reforms to remove political favoritism in the opening of new Job Corps centers. Subtitle D—National Programs Sec. 166. [Repealed]. Sec. 167. [Repealed]. Sec. 168. [Repealed]. Sec. 169. [Repealed]. Sec. 170. Technical assistance. Sec. 171. [Repealed]. Sec. 172. Evaluations. Sec. 173. [Repealed]. Sec. 173A. [Repealed]. Sec. 174. [Repealed]. Subtitle E—Administration Sec. 181. Requirements and restrictions. Sec. 182. Prompt allocation of funds. Sec. 183. Monitoring. Sec. 184. Fiscal controls; sanctions. Sec. 185. Reports; recordkeeping; investigations. Sec. 186. Administrative adjudication. Sec. 187. Judicial review. Sec. 188. Nondiscrimination. Sec. 189. Administrative provisions. Sec. 190. References. Sec. 191. State legislative authority. Sec. 192. [Repealed]. Sec. 193. Use of certain real property. Sec. 194. [Repealed]. Sec. 195. General program requirements. Sec. 196. Department Staff. Subtitle F—Repeals and Conforming Amendments Sec. 199. Repeals. Sec. 199A. Conforming amendments. TITLE II—ADULT EDUCATION AND FAMILY LITERACY EDUCATION Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Definitions. Sec. 204. Home schools. Sec. 205. Authorization of appropriations. Subtitle A—Federal Provisions Sec. 211. Reservation of funds; grants to eligible agencies; allotments. Sec. 212. Performance accountability system. Subtitle B—State Provisions Sec. 221. State administration. Sec. 222. State distribution of funds; matching requirement. Sec. 223. State leadership activities. Sec. 224. State plan. Sec. 225. Programs for corrections education and other institutionalized individuals. Subtitle C—Local Provisions Sec. 231. Grants and contracts for eligible providers. Sec. 232. Local application. Sec. 233. Local administrative cost limits. Subtitle D—General Provisions Sec. 241. Administrative provisions. Sec. 242. National activities. TITLE III—WORKFORCE INVESTMENT-RELATED ACTIVITIES Subtitle A—Wagner-Peyser Act Sec. 301. Definitions. Sec. 302. Functions. Sec. 303. Designation of State agencies. Sec. 304. Appropriations. Sec. 305. Disposition of allotted funds. Sec. 306. State plans. Sec. 307. Repeal of Federal advisory council. Sec. 308. Regulations. Sec. 309. Employment statistics. Sec. 310. Technical amendments. Sec. 311. Effective date. Subtitle B—Linkages With Other Programs Sec. 321. Trade Act of 1974. Sec. 322. Veterans' employment programs. Sec. 323. Older Americans Act of 1965. Subtitle C—Twenty-First Century Workforce Commission Sec. 331. Short title. Sec. 332. Findings. Sec. 333. Definitions. Sec. 334. Establishment of Twenty-First Century Workforce Commission. Sec. 335. Duties of the Commission. Sec. 336. Powers of the Commission. Sec. 337. Commission personnel matters. Sec. 338. Termination of the Commission. Sec. 339. Authorization of appropriations. Subtitle D—Application of Civil Rights and Labor-Management Laws to the Smithsonian Institution Sec. 341. Application of civil rights and labor-management laws to the Smithsonian Institution. TITLE IV—REHABILITATION ACT AMENDMENTS OF 1998 Sec. 401. Short title. Sec. 402. Title. Sec. 403. General provisions. Sec. 404. Vocational rehabilitation services. Sec. 405. Research and training. Sec. 406. Professional development and special projects and demonstrations. Sec. 407. National Council on Disability. Sec. 408. Rights and advocacy. Sec. 409. Employment opportunities for individuals with disabilities. Sec. 410. Independent living services and centers for independent living. Sec. 411. Repeal. Sec. 412. Helen Keller National Center Act. Sec. 413. President's Committee on Employment of People With Disabilities. Sec. 414. Conforming amendments. TITLE V—GENERAL PROVISIONS Sec. 501. State unified plan. Sec. 502. [Repealed]. Sec. 503. [Repealed]. Sec. 504. Privacy. Sec. 505. Buy-American requirements. Sec. 506. [Repealed]. Sec. 507. Effective date. . V AMENDMENTS TO THE REHABILITATION ACT OF 1973 501. Findings Section 2(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 701(a) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period and inserting ; and ; and (3) by adding at the end the following: (7) there is a substantial need to improve and expand services for students with disabilities under this Act. . 502. Rehabilitation services administration (a) Rehabilitation services administration The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended— (1) in section 3(a) ( 29 U.S.C. 702(a) )— (A) by striking Office of the Secretary and inserting Department of Education ; (B) by striking President by and with the advice and consent of the Senate and inserting Secretary ; and (C) by striking , and the Commissioner shall be the principal officer, ; (2) by striking Commissioner each place it appears (except in section 21) and inserting Director ; (3) in section 12(c) ( 29 U.S.C. 709 ), by striking Commissioner’s and inserting Director’s ; (4) in the heading for subparagraph (B) of section 100(d)(2), by striking commissioner and inserting director ; (5) in the heading for section 706, by striking commissioner and inserting director ; (6) in the heading for paragraph (3) of section 723(a), by striking commissioner and inserting director ; and (7) in section 21 (29 U.S.C. 718)— (A) in subsection (b)(1)— (i) by striking Commissioner the first place it appears and inserting Director of the Rehabilitation Services Administration ; (ii) by striking (referred to in this subsection as the Director ) ; and (iii) by striking The Commissioner and the Director and inserting Both such Directors ; and (B) by striking the Commissioner and the Director each place it appears and inserting both such Directors . (b) Effective date; application The amendments made by subsection (a) shall— (1) take effect on the date of the enactment of this Act; and (2) apply with respect to the appointments of Directors of the Rehabilitation Services Administration made on or after the date of enactment of this Act, and the Directors so appointed. 503. Definitions Section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ) is amended— (1) by redesignating paragraphs (35) through (39) as paragraphs (36) through (40), respectively; (2) in subparagraph (A)(ii) of paragraph (36) (as redesignated by paragraph (1)), by striking paragraph (36)(C) and inserting paragraph (37)(C) ; and (3) by inserting after paragraph (34) the following: (35) (A) The term student with a disability means an individual with a disability who— (i) is not younger than 16 and not older than 21; (ii) has been determined to be eligible under section 102(a) for assistance under this title; and (iii) (I) is eligible for, and is receiving, special education under part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); or (II) is an individual with a disability, for purposes of section 504. (B) The term students with disabilities means more than 1 student with a disability. . 504. State plan Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) ) is amended— (1) in paragraph (10)(B) by striking on the eligible individuals and all that follows through section 136(d)(2) and inserting of information necessary to assess the State’s performance on the core indicators of performance described in section 136(b)(2)(A) ; (2) in paragraph (11)— (A) in subparagraph (D)(i), by inserting before the semicolon the following: , which may be provided using alternative means of meeting participation (such as video conferences and conference calls) ; and (B) by adding at the end the following: (G) Coordination with assistive technology programs The State plan shall include an assurance that the designated State unit and the lead agency or implementing entity responsible for carrying out duties under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 et seq. ) have developed working relationships and coordinate their activities. ; (3) in paragraph (15)— (A) in subparagraph (A)— (i) in clause (i)— (I) in subclause (II), by striking and at the end; (II) in subclause (III), by adding and at the end; and (III) by adding at the end the following: (IV) students with disabilities, including their need for transition services; ; (ii) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (iii) by inserting after clause (i) the following: (ii) include an assessment of the transition services provided under this Act, and coordinated with transition services under the Individuals with Disabilities Education Act, as to those services meeting the needs of individuals with disabilities; ; and (B) in subparagraph (D)— (i) by redesignating clauses (iii), (iv), and (v) as clauses (iv), (v), and (vi), respectively; and (ii) by inserting after clause (ii) the following: (iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to the receipt of vocational rehabilitation services under this title or to postsecondary education or employment; ; (4) in paragraph (22)— (A) by striking carrying out part B of title VI, including ; and (B) by striking that part to supplement funds made available under part B of ; (5) in paragraph (24)(A), by striking part A of title VI and inserting section 109A ; and (6) by adding at the end the following: (25) Collaboration with industry The State plan shall describe how the designated State agency will carry out the provisions of section 109A, including— (A) the criteria such agency will use to award grants under such section; and (B) how the activities carried out under such grants will be coordinated with other services provided under this title. (26) Services for students with disabilities The State plan shall provide an assurance satisfactory to the Secretary that the State— (A) has developed and implemented strategies to address the needs identified in the assessment described in paragraph (15), and achieve the goals and priorities identified by the State, to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis in accordance with paragraph (15); and (B) from funds reserved under section 110A, shall carry out programs or activities designed to improve and expand vocational rehabilitation services for students with disabilities that— (i) facilitate the transition of students with disabilities from the receipt of educational services in school, to the receipt of vocational rehabilitation services under this title, including, at a minimum, those services specified in the interagency agreement required in paragraph (11)(D); (ii) improve the achievement of post-school goals of students with disabilities, including improving the achievement through participation (as appropriate when career goals are discussed) in meetings regarding individualized education programs developed under section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ); (iii) provide career guidance, career exploration services, job search skills and strategies, and technical assistance to students with disabilities; (iv) support the provision of training and technical assistance to State and local educational agencies and designated State agency personnel responsible for the planning and provision of services to students with disabilities; and (v) support outreach activities to students with disabilities who are eligible for, and need, services under this title. . 505. Scope of services Section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 ) is amended— (1) in subsection (a), by striking paragraph (15) and inserting the following: (15) transition services for students with disabilities, that facilitate the achievement of the employment outcome identified in the individualized plan for employment, including services described in clauses (i) through (iii) of section 101(a)(26)(B); ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) (A) (i) Consultation and technical assistance services to assist State and local educational agencies in planning for the transition of students with disabilities from school to post-school activities, including employment. (ii) Training and technical assistance described in section 101(a)(26)(B)(iv). (B) Services for groups of individuals with disabilities who meet the requirements of clauses (i) and (iii) of section 7(35)(A), including services described in clauses (i), (ii), (iii), and (v) of section 101(a)(26)(B), to assist in the transition from school to post-school activities. ; and (3) in subsection (b) by inserting at the end, the following: (7) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 ( 29 U.S.C. 3001 ) to promote access to assistive technology for individuals with disabilities and employers. . 506. Standards and indicators Section 106 of the Rehabilitation Act of 1973 ( 29 U.S.C. 726(a) ) is amended— (1) by striking subsection (a) and inserting the following: (a) Standards and indicators The performance standards and indicators for the vocational rehabilitation program carried out under this title— (1) shall be subject to paragraphs (2)(A) and (3) of section 136(b) of the Workforce Investment Act of 1998; and (2) may, at a State’s discretion, include additional indicators identified in the State plan submitted under section 101. ; and (2) in subsection (b)(2)(B), by striking clause (i) and inserting the following: (i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Director, direct the State to make revisions to the plan to improve performance; and . 507. Collaboration with industry The Rehabilitation Act of 1973 is amended by inserting after section 109 (29 U.S.C. 729) the following: 109A. Collaboration with industry (a) Authority A State shall use not less than one-half of one percent of the payment the State receives under section 111 for a fiscal year to award grants to eligible entities to create practical job and career readiness and training programs, and to provide job placements and career advancement. (b) Application To receive a grant under this section, an eligible entity shall submit an application to a designated State agency at such time, in such manner, and containing such information as such agency shall require. Such application shall include, at a minimum— (1) a plan for evaluating the effectiveness of the program; (2) a plan for collecting and reporting the data and information described under subparagraphs (A) through (C) of section 101(a)(10), as determined appropriate by the designated State agency; and (3) a plan for providing for the non-Federal share of the costs of the program. (c) Activities An eligible entity receiving a grant under this section shall use the grant funds to carry out a program that provides one or more of the following: (1) Job development, job placement, and career advancement services for individuals with disabilities. (2) Training in realistic work settings in order to prepare individuals with disabilities for employment and career advancement in the competitive market. (3) Providing individuals with disabilities with such support services as may be required in order to maintain the employment and career advancement for which the individuals have received training. (d) Awards Grants under this section shall— (1) be awarded for a period not to exceed 5 years; and (2) be awarded competitively. (e) Eligible entity defined For the purposes of this section, the term eligible entity means a for-profit business, alone or in partnership with one or more of the following: (1) Community rehabilitation program providers. (2) Indian tribes. (3) Tribal organizations. (f) Federal share The Federal share of a program under this section shall not exceed 80 percent of the costs of the program. (g) Eligibility for services An individual shall be eligible for services provided under a program under this section if the individual is determined under section 102(a)(1) to be eligible for assistance under this title. . 508. Reservation for expanded transition services The Rehabilitation Act of 1973 is amended by inserting after section 110 ( 29 U.S.C. 730 ) the following: 110A. Reservation for expanded transition services Each State shall reserve not less than 10 percent of the funds allotted to the State under section 110(a) to carry out programs and activities under sections 101(a)(26)(B) and 103(b)(6). . 509. Client assistance program Section 112(e)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 732(e)(1) ) is amended by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: (D) The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section. The amount of such grants shall be the same as provided to territories under this subsection. . 510. Title III amendments Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. ) is amended— (1) in section 301(a)— (A) in paragraph (2), by inserting and at the end; (B) by striking paragraphs (3) and (4); and (C) by redesignating paragraph (5) as paragraph (3); (2) in section 302(g)— (A) in the heading, by striking And In-Service Training ; and (B) by striking paragraph (3); (3) in section 303(c)— (A) in paragraph (4)— (i) by amending subparagraph (A)(ii) to read as follows: (ii) to coordinate and work closely with the parent training and information centers established pursuant to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the eligible entities receiving awards under section 673 of such Act; and ; and (ii) in subparagraph (C), by inserting , and demonstrate the capacity for serving, after serve ; and (B) by adding at the end the following: (8) Reservation From the amount appropriated to carry out this subsection for a fiscal year, 20 percent of such amount or $500,000, whichever is less, shall be reserved to carry out paragraph (6). ; (4) by striking sections 304 and 305; and (5) by redesignating section 306 as section 304. 511. Repeal of title VI The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended by repealing title VI. 512. Chairperson Section 705(b)(5) of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d(b)(5) ) is amended to read as follows: (5) Chairperson The Council shall select a chairperson from among the voting membership of the Council. . 513. Authorizations of appropriations The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is further amended— (1) in section 100(b)(1) ( 29 U.S.C. 720(b)(1) ), by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $3,121,712,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (2) in section 110(c) ( 29 U.S.C. 730(c) ), by amending paragraph (2) to read as follows: (2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 1.5 percent of the amount referred to in paragraph (1) for each of fiscal years 2014 through 2020. ; (3) in section 112(h) ( 29 U.S.C. 732(h) ) by striking such sums as may be necessary for fiscal years 1999 through 2003 and inserting $12,240,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (4) by amending subsection (a) of section 201 ( 29 U.S.C. 761(a) ) to read as follows: (a) There are authorized to be appropriated $108,817,000 for fiscal year 2014 and each of the 6 succeeding fiscal years to carry out this title. ; (5) in section 302(i) ( 29 U.S.C. 772(i) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $35,515,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (6) in section 303(e) ( 29 U.S.C. 773(e) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $5,325,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (7) in section 405 (29 U.S.C. 785) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $3,258,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (8) in section 502(j) ( 29 U.S.C. 792(j) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $7,400,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (9) in section 509(l) ( 29 U.S.C. 794e(l) ) by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $18,031,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (10) in section 714 ( 29 U.S.C. 796e–3 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $23,359,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; (11) in section 727 ( 29 U.S.C. 796f–6 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $79,953,000 for fiscal year 2014 and each of the 6 succeeding fiscal years ; and (12) in section 753 ( 29 U.S.C. 7961 ), by striking such sums as may be necessary for each of the fiscal years 1999 through 2003 and inserting $34,018,000 for fiscal year 2014 and each of the 6 succeeding fiscal years . 514. Conforming amendments Section 1(b) of the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 109 the following: Sec. 109A. Collaboration with industry. ; (2) by inserting after the item relating to section 110 the following: Sec. 110A. Reservation for expanded transition services. ; (3) by striking the item related to section 304 and inserting the following: Sec. 304. Measuring of project outcomes and performance. ; (4) by striking the items related to sections 305 and 306; and (5) by striking the items related to title VI. | https://www.govinfo.gov/content/pkg/BILLS-113hr803ih/xml/BILLS-113hr803ih.xml |
113-hr-804 | I 113th CONGRESS 1st Session H. R. 804 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Coffman introduced the following bill; which was referred to the Committee on the Budget A BILL To cancel the 251A sequester for the revised security category and to provide for a reduced spending plan with respect to the Department of Defense, and for other purposes.
1. Short title This Act may be cited as the Smarter Than Sequester Defense Spending Reduction Act . 2. Finding Congress can keep the faith with those who have sacrificed for our Nation, avoid cuts that harm our strategic posture, and still achieve spending reduction by implementing targeted reforms instead of allowing haphazard spending cuts to happen through sequestration. 3. Cancellation of 251A sequester and implementation of reduced spending plan for the Department of Defense Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following: (12) Notwithstanding the requirements of this section, an order by the President to carry out a sequestration under paragraphs (7) or (8) with respect to the revised security category shall have no force or effect. (13) Notwithstanding any other provision of law, the Department of Defense shall formulate and implement a plan to reduce spending over the 10-year period beginning on the date of enactment of this Act. Such plan shall include a reduction in spending— (A) of not less than $100,000,000,000 by adopting sea swap policies relating to rotating crew for cruisers, destroyers, and amphibious ships; (B) of not less than $53,000,000,000 by replacing the current 88,000 military personnel who perform clearly commercial-type activities at military bases with 62,000 local civilian contractors instead, and reducing end strengths to reflect such replacement; (C) of not less than $52,500,000,000 by transferring 65,000 members of the Armed Forces serving on active duty to the National Guard and Reserve, respectively, and modifying the end strengths to reflect such transfer; (D) of not less than $52,000,000,000 by reducing total planned spending on Other Procurement by the Army, Navy, and Air Force; (E) of not less than $36,700,000,000 by reducing the number of Department of Defense civilian employee positions by 100,000 through retirement and voluntary attrition; (F) of not less than $20,000,000,000 by removing all Brigade Combat Teams and tactical aircraft assets, as well as the personnel maintaining and supporting them, from European deployment; (G) of not less than $15,000,000,000 by reducing spending on contractor augmentees; (H) of not less than $9,000,000,000 by reducing planned spending on experimental fuel procurement; (I) of not less than $7,100,000,000 by consolidating the management of the Army and Air Force Exchange Service, the Navy Exchange Service Command, and the Marine Corps exchanges and creating efficiencies to provide savings; (J) of not less than $7,000,000,000 by postponing procurement of the Ground Combat Vehicle by the Army until at least 2023; (K) of not less than $4,600,000,000 by establishing a unified medical command; (L) of not less than $3,000,000,000 by delaying refurbishment of the Abrams tank for at least 3 years; (M) of not less than $1,800,000,000 by reducing annual spending on all military bands to $200,000,000 for 10 years; (N) of not less than $800,000,000 by reducing the total number of general officers and flag officers; and (O) of not less than $150,000,000,000 through annual reductions in spending initiated by the Department of Defense through reducing programs and activities which do not contribute significantly to military capability. . | https://www.govinfo.gov/content/pkg/BILLS-113hr804ih/xml/BILLS-113hr804ih.xml |
113-hr-805 | I 113th CONGRESS 1st Session H. R. 805 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Price of Georgia (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal certain changes to contracts with Medicare Quality Improvement Organizations, and for other purposes.
1. Short title This Act may be cited as the Quality Improvement Organization Program Restoration Act . 2. Repeal of changes to contracts with Medicare QIOs Section 261 of the Trade Adjustment Assistance Extension Act of 2011 (relating to contracts with Quality Improvement Organizations) is repealed and the provisions of law amended by such section are restored as if such section had never been enacted. 3. Quality improvement funding Section 1159 of the Social Security Act ( 42 U.S.C. 1320c–8 ) is amended— (1) by striking Expenses incurred and inserting (a) Expenses incurred ; and (2) by adding at the end the following new subsection: (b) (1) With respect to any 3-year period for which 3-year contracts are entered into under this part for contract periods beginning on or after August 1, 2014, and ending on or before July 31, 2021, the aggregate amount of funds payable during any such 3-year period for such contracts shall not exceed $1,674,000,000. (2) For any contract period beginning on or after August 1, 2014, at least 80 percent of the funds to carry out this part shall be expended to directly fund the contracts with utilization and quality control peer review organizations under section 1153(b). (3) In order to reduce spending of the amount in paragraph (1) by $330,000,000, for the period beginning on October 1, 2014, and ending on September 30, 2021, the aggregate amount of funds payable for contracts under this part shall be reduced by $330,000,000. . | https://www.govinfo.gov/content/pkg/BILLS-113hr805ih/xml/BILLS-113hr805ih.xml |
113-hr-806 | I 113th CONGRESS 1st Session H. R. 806 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to make permanent the requirement for annual reports on Comptroller General reviews of the accuracy of Department of Veterans Affairs medical budget submissions, and for other purposes.
1. Permanent requirement for annual reports on Comptroller General reviews of the accuracy of Department of Veterans Affairs medical budget submissions (a) In general Section 117 of title 38, United States Code, is amended by adding at the end the following new subsection: (e) Comptroller General review of the accuracy of medical care budget submission in relation to baseline health care model projection (1) The Comptroller General of the United States shall conduct a review of each budget of the President for a fiscal year that is submitted to Congress pursuant to section 1105(a) of title 31 in order to assess whether or not the relevant components of the amounts requested in such budget for such fiscal year for the medical care accounts of the Department specified in subsection (c) are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the Enrollee Health Care Projection Model, or other methodologies used by the Department. (2) (A) Not later than 120 days after the date on which the President submits a budget request for under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans’ Affairs, Appropriations, and the Budget of the Senate and the Committees on Veterans’ Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under paragraph (1) for the year or years covered by such budget request. (B) Each report under this paragraph shall include, for the fiscal year covered by the report, the following: (i) An assessment of the review conducted under paragraph (1). (ii) The basis for such assessment. (iii) Such additional information as the Comptroller General determines appropriate. (C) Each report submitted under this subsection shall also be made available to the public. . (b) Conforming repeal Section 4 of the Veterans Health Care Budget Reform and Transparency Act of 2009 (Public Law 111–81) is hereby repealed. | https://www.govinfo.gov/content/pkg/BILLS-113hr806ih/xml/BILLS-113hr806ih.xml |
113-hr-807 | I 113th CONGRESS 1st Session H. R. 807 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. McClintock (for himself, Mr. Scalise , Mr. Jordan , Mr. Price of Georgia , Mr. Hensarling , Mr. Garrett , Mr. Cole , Mr. Young of Indiana , Mr. Franks of Arizona , Ms. Foxx , Mr. Collins of Georgia , Mr. Mulvaney , Mr. Rohrabacher , Mr. LaMalfa , Mr. Duncan of South Carolina , Mr. Bucshon , Mrs. Blackburn , Mr. Chaffetz , Mr. Huizenga of Michigan , Mr. Labrador , Mrs. Lummis , Mr. Miller of Florida , Mr. Bentivolio , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require that the Government prioritize all obligations on the debt held by the public in the event that the debt limit is reached.
1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Findings Congress finds that: (1) The Act of Congress establishing the Treasury Department of 1789 states that the Secretary of the Treasury shall prepare plans for improving and managing the revenue of the United States Government and for the support of the public credit. (2) Section 321 of title 31, United States Code, codifies the duty to prepare plans for improving and managing receipts of the United States Government and managing the public debt . (3) In carrying out the statutory responsibilities to support of the public credit and managing the public debt the Secretary shall take all necessary actions to ensure all obligations of the United States Government with regard to debt held by the public are fully discharged when due. (4) Such actions may include the forgoing of obligations not related to debt held by the public for a period of time deemed necessary by the Secretary as authorized under section 324 of title 31, United States Code, which states that— (a) The Secretary of the Treasury may— (1) dispose of obligations— (A) acquired by the Secretary for the United States Government; or (B) delivered by an executive agency; and (2) make arrangements to extend the maturity of those obligations. (b) The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section in the way, in amounts, at prices (for cash, obligations, property, or a combination of cash, obligations, or property), and on conditions the Secretary considers advisable and in the public interest. . 3. Duty to protect the full faith and credit of the United States Government (a) In general In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the authority of the Department of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public shall take priority over all other obligations incurred by the Government of the United States. (b) Special rule for insufficiency of funds Section 324 of title 31, United States Code, is amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: (c) If the Secretary expects that there will be insufficient funds available to dispose of all obligations consisting of interest and principal of the debt held by the public on the next calendar day on which such obligations are due, then the Secretary shall extend the maturities of any other obligations under section (a) and refuse to issue warrants under section 321(a)(3) to the extent necessary to provide such funds as the Secretary deems prudent to dispose of obligations consisting of interest and principal of the debt held by the public for no less than the next 30 calendar days. (d) To the extent receipts exceed those required to meet the Secretary’s obligation under subsection (c), the Secretary shall prioritize the disposal of obligations under subsection (a) and issuance of warrants under section 321(a)(3) in that order the Secretary considers advisable and in the public interest. . | https://www.govinfo.gov/content/pkg/BILLS-113hr807ih/xml/BILLS-113hr807ih.xml |
113-hr-808 | I 113th CONGRESS 1st Session H. R. 808 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Lee of California (for herself, Mr. Conyers , Ms. Hahn , Mr. Polis , Ms. Clarke , Ms. Pingree of Maine , Mr. Andrews , Mr. McGovern , and Ms. Moore ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish a Department of Peacebuilding.
1. Short title; table of contents (a) Short title This Act may be cited as the Department of Peacebuilding Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—ESTABLISHMENT OF DEPARTMENT OF PEACEBUILDING Sec. 101. Establishment of Department of Peacebuilding. Sec. 102. Responsibilities and powers. Sec. 103. Principal officers. Sec. 104. Office of Peace Education and Training. Sec. 105. Office of Domestic Peace Activities. Sec. 106. Office of International Peace Activities. Sec. 107. Office of Technology for Peace. Sec. 108. Office of Arms Control and Disarmament. Sec. 109. Office of Peacebuilding Information and Research. Sec. 110. Office of Human Rights and Economic Rights. Sec. 111. Intergovernmental Advisory Council on Peace. Sec. 112. Federal Interagency Committee on Peace. Sec. 113. Staff. Sec. 114. Consultation required. Sec. 115. Collaboration. Title II—OTHER MATTERS Sec. 201. Legislative recommendations of the Secretary. Sec. 202. Peace Days. Sec. 203. Definitions. Sec. 204. Authorization of appropriations. 2. Findings Congress finds the following: (1) On July 4, 1776, the Second Continental Congress unanimously declared the independence of the 13 colonies, and the achievement of peace was recognized as one of the highest duties of the new organization of free and independent States by declaring, We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the Pursuit of Happiness. (2) The Constitution of the United States of America, in its Preamble, further sets forth the insurance of the cause of peace in stating: We the People of the United States, in Order to Form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity . (3) During the course of the 20th century, more than 100,000,000 people perished in wars. The United States has been at war over the past decade, with 6,600 members of the Armed Forces and hundreds of thousands of civilians estimated to have been killed in the conflicts in Iraq and Afghanistan. (4) Every year 300,000 people are killed by gun violence around the world. In the United States, 100,000 people are shot each year in murders, assaults, suicides and suicide attempts, accidents, and police actions. Over 30,000 people die each year of gunshot wounds, 12,000 of whom are murdered. Every day, 50 children are shot, and 8 of those children die. (5) A 2004 World Health Organization report estimates that interpersonal violence within the United States costs approximately $300 billion annually, not including war-related costs. The Centers for Disease Control and Prevention states that an average of 16 people age 10 to 24 were murdered each day in the United States in 2005. The Pew Charitable Trust calculates that child abuse and neglect in the United States cost $103.8 billion in 2007. (6) In 1999, the United Nations adopted a Programme of Action on a Culture of Peace, stating that a culture of peace is an integral approach to preventing violence and violent conflicts, an alternative to the culture of war and violence, and is based on education for peace, the promotion of sustainable economic and social development, respect for human rights, equality between women and men, democratic participation, tolerance, and the free flow of information and disarmament. The United Nations declared the years 2001 through 2010 an International Decade for a Culture of Peace and Non-Violence for the Children of the World and the United Nations supports a culture of peace going forward. (7) On April 4, 2012, the Institute for Economics and Peace released a United States Peace Index, which assessed peacefulness at the State and city levels and analyzed the costs associated with violence and the socio-economic measures associated with peace. While violence within the United States had declined over the year 2011, violence and violence containment still cost the average taxpayer $3,257. The total cost of violence to the United States—including lost productivity from violence—was conservatively calculated to be over $460 billion. (8) A study by the Institute for Economics and Peace released September 20, 2012, reports conservative estimates for 2010, that 15 percent of the gross domestic product of the United States, or $15,000 per taxpayer, was spent on containing violence. The study included government, corporate, and individual expenditure, regardless of whether it was related to international affairs such as offshore military activities, or domestic spending such as dealing with crime and the consequences of crime. (9) Violence prevention is cost effective. For every dollar spent in violence prevention and peacebuilding, many lives and many dollars are saved. The philosophy and techniques of nonviolence and the science of peacebuilding provide tools and techniques that can be applied not only at the levels of individual and community growth, but also within the Federal Government and at national and international levels. (10) Peacebuilding is defined by the United Nations as a range of measures targeted to reduce the risk of lapsing or relapsing into conflict by strengthening national capacities at all levels for conflict management, and to lay the foundations for sustainable peace and development. Peacebuilding is built upon research into the root causes of violence in the United States and the world, through promotion and promulgation of effective policies and programs that ameliorate those root causes of violence, and through providing all citizens, organizations, and governmental bodies with opportunities to learn about and practice the essential tools of nonviolent conflict resolution and peacebuilding. (11) In 2000, the Earth Charter Commission released the Earth Charter, an international declaration of fundamental values and principles created to build a just, sustainable, and peaceful global society. The preamble of the Earth Charter provides, To move forward we must recognize that in the midst of a magnificent diversity of cultures and life forms we are one human family and one Earth community with a common destiny. We must join together to bring forth a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace. Peacebuilding is working together with all nations to protect both life and land and hold the Earth in balance. I ESTABLISHMENT OF DEPARTMENT OF PEACEBUILDING 101. Establishment of Department of Peacebuilding (a) Establishment There is hereby established a Department of Peacebuilding, that shall— (1) be a department in the executive branch of the Federal Government; and (2) be dedicated to peacebuilding, peacemaking, and the study and promotion of conditions conducive to both domestic and international peace and a culture of peace. (b) Secretary of Peacebuilding There shall be at the head of the Department a Secretary of Peacebuilding, who shall be appointed by the President, by and with the advice and consent of the Senate. (c) Mission The Department shall— (1) cultivate peace and peacebuilding as a strategic national policy objective; (2) reduce and prevent violence in the United States and internationally through peacebuilding and effective nonviolent conflict resolution; (3) strengthen nonmilitary means of peacemaking; (4) take a proactive, strategic approach in the development of field-tested, best practices and policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful resolution of conflict, and structured mediation of conflict; (5) address matters both domestic and international in scope; (6) provide an institutional platform for the growing wealth of expertise in peacebuilding to dramatically reduce the national and global epidemic of violence; (7) support local communities in finding, funding, replicating, and expanding programs to reduce and prevent violence; (8) invest in nongovernmental organizations that have implemented successful initiatives to reduce and prevent violence, both internationally and domestically; and (9) consult with other Federal agencies to apply and practice the science of peacebuilding in their respective fields of responsibility. 102. Responsibilities and powers (a) In general The Secretary shall— (1) work proactively and interactively with each branch of the Federal Government on all policy matters relating to conditions of peace; (2) call on the experience and expertise of the people of the United States and seek participation in the development of policy from private, public, and nongovernmental organizations; (3) monitor and analyze causative principles of conflict and make policy recommendations for developing and maintaining peaceful conduct; (4) research effective violence reduction programs and promote and promulgate such programs within Government and society; and (5) consult with private, public, and nongovernmental organizations to develop a metric model that provides the means to measure and report progress toward peace in the United States to the President, Congress, and the people of the United States, and issue reports on such progress annually. (b) Domestic responsibilities The Secretary shall collaborate with governmental and nongovernmental entities and citizens to promote personal and community security and peace by— (1) developing new policies and supporting existing policies that effectively address personal and family violence, including suicide, domestic violence, spousal abuse, child abuse, and mistreatment of the elderly; (2) creating new policies and programs and expanding existing policies and programs that effectively reduce drug and alcohol abuse; (3) developing new policies and programs and expanding existing policies and programs that effectively address crime, punishment, and rehabilitation, including— (A) working to reduce prison recidivism rates; (B) supporting the implementation of nonviolent conflict resolution education and training for victims, perpetrators, and those who work with them; and (C) supporting effective police and community relations; (4) analyzing existing policies, employing successful, field-tested programs, and developing new approaches for dealing with the tools of violence, including handguns, especially among youth; (5) developing new and expanding effective programs that relate to the societal challenges of school violence, gangs, racial or ethnic violence, violence against gays and lesbians, and police-community relations disputes; (6) making policy recommendations to the Attorney General regarding civil rights and labor law; (7) assisting in the establishment and funding of community-based violence prevention programs, including violence prevention counseling and peer mediation in schools and unarmed civilian peacekeeping at a local level; (8) providing counseling and advocating on behalf of individuals victimized by violence; (9) providing for public education programs and counseling strategies that promote tolerance and respect for the diversity of the people of the United States with regard to race, religion, creed, gender and gender identification, sexual orientation, age, ethnicity, and other perceived difference; and (10) supporting local community initiatives that draw on neighborhood resources to create peace projects that facilitate the development of conflict resolution and thereby inform and inspire national policy. (c) International responsibilities The Secretary shall— (1) advise the Secretary of Defense and the Secretary of State on matters relating to national security, including the protection of human rights and the prevention of, amelioration of, and de-escalation of unarmed and armed international conflict; (2) contribute to and participate in the development of training of all United States personnel who administer post-conflict reconstruction and demobilization in war-torn societies; (3) sponsor country and regional conflict-prevention and dispute-resolution initiatives, create special task forces, and draw on local, regional, and national expertise to develop plans and programs for addressing the root sources of conflict in troubled areas; (4) counsel and advocate on behalf of women victimized by violence, including rape, during conflict and post-conflict situations; (5) provide for exchanges between the United States and other nations of individuals who endeavor to develop domestic and international peace-based initiatives; (6) encourage the development of international sister city programs, pairing United States cities with cities around the globe for artistic, cultural, economic, educational, and faith-based exchanges; (7) establish and administer a budget designated for the training and deployment of unarmed civilian peacekeepers to participate in multinational nonviolent peacekeeping forces that may be conducted by civilian, governmental, or multilateral organizations; (8) jointly with the Secretary of the Treasury, strengthen peace enforcement through hiring and training monitors and investigators to help with the enforcement of international arms embargoes; (9) bring together all stakeholders who are impacted by a conflict by facilitating peace summits where such stakeholders may gather under carefully prepared conditions to promote nonviolent communication and mutually beneficial solutions; (10) submit to the President recommendations for reductions in weapons of mass destruction, and make annual reports to the President on the sale of arms from the United States to other nations, with analysis of the impact of such sales on the defense of the United States and how such sales affect peace; (11) in consultation with the Secretary of State, develop strategies for sustainability and management of the distribution of international funds; (12) advise the Permanent Representative of the United States to the United Nations on matters pertaining to the United Nations Security Council; and (13) support the implementation of international peacebuilding strategies through a balanced use of peacebuilding, diplomacy, development, and defense. (d) Membership of the Secretary of Peacebuilding on the National Security Council Section 101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) is amended— (1) in paragraph (6), by striking Director for Mutual Security; and inserting Secretary of Peacebuilding; and ; (2) by striking paragraph (7); (3) by redesignating paragraph (8) as paragraph (7); and (4) in paragraph (7) (as redesignated by paragraph (3) of this subsection), by striking the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, . (e) Human security responsibilities The Secretary shall address and offer nonviolent conflict resolution strategies and suggest resources for unarmed civilian peacekeepers to the appropriate relevant parties on issues of human security if such security is threatened by conflict, whether such conflict is geographic, religious, ethnic, racial, or class-based in its origin, derives from economic concerns, or is initiated through disputes concerning scarcity of natural resources (such as water and energy resources), food, trade, or climate and environmental concerns. (f) Media-Related responsibilities Respecting the First Amendment to the Constitution of the United States and the requirement for free and independent media, the Secretary shall— (1) seek assistance in the design and implementation of nonviolent policies from media professionals; (2) study the role of the media in the escalation and de-escalation of conflict at domestic and international levels, including the role of fear-inducing and hate-inducing speech and actions, and making the findings of such study public; and (3) make recommendations to professional media organizations in order to provide opportunities to increase media awareness of peace-building initiatives. (g) Educational responsibilities The Secretary shall— (1) with the support of, and in consultation with, the United States Institute of Peace, develop a peace education curriculum that includes studies of— (A) the civil rights movement in the United States and throughout the world, with special emphasis on the role of nonviolence and how individual endeavor and involvement have contributed to advancements in peace and justice; (B) peace agreements and circumstances in which peaceful intervention has worked to stop conflict; and (C) the patriarchal structure of society and the inherent violence of such structure in the shaping of relationships and institutions; (2) in consultation with the Secretary of Education— (A) commission the development of such curriculum and make such curriculum available to local school districts to enable the use of peace education objectives at elementary schools and secondary schools in the United States; (B) support in early childhood, elementary schools, secondary schools, and institutions of higher education a well-resourced, balanced education that includes math, science, English, history, ethnic studies, social studies, health, physical education, foreign languages, the arts, and music that will prepare students for success in a globally interconnected world; and (C) offer incentives in the form of grants and training to encourage the development of State peace curricula and assist schools in applying for such curricula; (3) work with educators to equip students to become skilled in achieving peace through reflection, and facilitate instruction in the ways of peaceful conflict resolution; (4) ensure that schools are nonviolence zones that provide a peaceful educational environment; (5) create school and community cultures where students and staff do not feel threatened and are free from bullying and harassment by developing and implementing curricula in nonviolent conflict resolution education for teachers, students, parents, the school community, and the community at large; (6) maintain a public website to solicit and receive ideas for the development of peace from the wealth of the politically, socially, and culturally diverse public; (7) proactively engage the critical thinking capabilities of students and teachers of elementary schools, secondary schools, and institutions of higher education through the Internet and other media and issue periodic reports concerning any submissions from such students and teachers; (8) create and establish a Peace Academy that shall— (A) be modeled after the military service academies; and (B) provide a 4-year course of instruction in peace education, after which graduates will be required to serve 5 years in public service in programs dedicated to domestic or international nonviolent conflict resolution; and (9) provide grants for peace studies departments in institutions of higher education throughout the United States. 103. Principal officers (a) Under Secretary of Peacebuilding The President shall appoint an Under Secretary of Peacebuilding in the Department, by and with the advice and consent of the Senate. During the absence or disability of the Secretary, or in the event of a vacancy in the office of the Secretary, the Under Secretary shall act as Secretary. The Secretary shall designate the order in which other officials of the Department shall act and perform the functions of the Secretary during the absence or disability of both the Secretary and Under Secretary or in the event of vacancies in both offices. (b) Additional positions (1) In general The President shall appoint in the Department, by and with the advice and consent of the Senate— (A) an Assistant Secretary for Peace Education and Training; (B) an Assistant Secretary for Domestic Peace Activities; (C) an Assistant Secretary for International Peace Activities; (D) an Assistant Secretary for Technology for Peace; (E) an Assistant Secretary for Arms Control and Disarmament; (F) an Assistant Secretary for Peacebuilding Information and Research; (G) an Assistant Secretary for Human and Economic Rights; and (H) a General Counsel. (2) Establishment of Inspector General of the Department of Peacebuilding Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) in paragraph (1), by inserting Peacebuilding, after Homeland Security, ; and (B) in paragraph (2), by inserting Peacebuilding, after Homeland Security, . (3) Additional officers The President shall appoint 4 additional officers in the Department, by and with the advice and consent of the Senate. The officers appointed under this paragraph shall perform such functions as the Secretary shall prescribe, including— (A) congressional relations functions; (B) public information functions, including providing, through the use of the latest technologies, useful information about peace and the work of the Department; (C) management and budget functions; and (D) planning, evaluation, and policy development functions, including development of policies to promote the efficient and coordinated administration of the Department and its programs and encourage improvements in conflict resolution and violence prevention. (4) Description of functions In any case in which the President submits the name of an individual to the Senate for confirmation as an officer of the Department under this subsection, the President shall state the particular functions such individual will exercise upon taking office. (c) Authority of Secretary Each officer described in this section shall report directly to the Secretary and shall, in addition to any functions vested in or required to be delegated to such officer, perform such additional functions as the Secretary may prescribe. 104. Office of Peace Education and Training (a) In general There shall be in the Department an Office of Peace Education and Training, the head of which shall be the Assistant Secretary for Peace Education and Training. The Assistant Secretary for Peace Education and Training shall carry out those functions of the Department relating to the creation, encouragement, and impact of peace education and training at the elementary, secondary, university, and postgraduate levels, including the development of a Peace Academy, and disseminate applicable policies and research in consultation with entities of the Department of Health and Human Services, including— (1) the Administration for Children and Families; (2) the Administration on Aging; (3) Centers for Disease Control and Prevention; and (4) the National Institutes of Health. (b) Peace curriculum The Assistant Secretary of Peace Education and Training, in consultation with the Secretary of Education, the United States Institute of Peace, nongovernmental groups, public institutions, peace and conflict studies programs of institutions of higher education, and Federal agencies that provide effective peace training materials and curricula, shall support the development and dissemination of effective peace curricula and supporting materials for distribution to departments of education in each State and territory of the United States. The peace curriculum shall include— (1) building communicative peace skills and nonviolent conflict resolution skills; (2) teaching and fostering compassion, empathy, tolerance, respect, inclusion, and forgiveness; and (3) promoting other objectives to increase the knowledge of peace processes. (c) Grants The Assistant Secretary of Peace Education and Training shall— (1) provide peace education grants to institutions of higher education for the creation and expansion of peace studies departments and the education and training of teachers in peace studies; and (2) create a Community Peace Block Grant program under which the Secretary shall make grants to nonprofit organizations and nongovernmental organizations for the purposes of developing innovative neighborhood programs for nonviolent conflict resolution and creating local peacebuilding initiatives. 105. Office of Domestic Peace Activities (a) In general There shall be in the Department an Office of Domestic Peace Activities, the head of which shall be the Assistant Secretary for Domestic Peace Activities. The Assistant Secretary for Domestic Peace Activities shall carry out those functions in the Department affecting domestic peace activities, including the development of policies that increase awareness about intervention and counseling on domestic violence and conflict. (b) Responsibilities The Assistant Secretary for Domestic Peace Activities shall— (1) develop policy and disseminate best practices from the field for the treatment of drug and alcohol abuse; (2) develop community-based strategies for celebrating diversity and promoting tolerance; (3) develop new policies and build on existing proven programs— (A) to assist in the prevention of crime, including the development of community policing strategies and peaceful settlement skills among police and other public safety officers; (B) to assist in the re-entry into the community by individuals who have been incarcerated, including training in anger management and peacebuilding skills, life skills, and educational and job skills; (C) to assist in creating strong and healthy families, including supporting mental health services, domestic violence prevention, gang prevention, anti-bullying programs, substance abuse prevention, and parenting skills; (D) to provide restorative justice programs at all levels of the criminal justice system that bring together offenders, victims, and community members in an effort to repair the damage caused by criminal activity through accountability and rehabilitation; (E) to provide for training and deployment into neighborhoods of nonmilitary domestic conflict prevention and peacemaking personnel, including violence interrupters and civilian community peacekeepers; and (F) to implement community-based policing to break down barriers between law enforcement officers and the people such officers serve; (4) promote informal and cultural exchanges between individuals and groups of proximate neighborhoods and regions to encourage understanding and acceptance; and (5) disseminate applicable policies and research in consultation with appropriate entities of— (A) the Department of Justice; (B) the Department of Health and Human Services; (C) the Department of State; and (D) the Department of Education. (c) Grants The Assistant Secretary for Domestic Peace Activities shall create a grant program to be known as the Cultural Diplomacy for Peace grant program under which the Secretary shall make grants to elementary schools, secondary schools, institutions of higher education, nonprofit organizations, and nongovernmental organizations for the purpose of developing domestic cultural exchanges, including exchanges relating to the arts and sports, that promote diplomacy and cultural understanding between neighborhoods and members of the neighboring communities. 106. Office of International Peace Activities (a) In general There shall be in the Department an Office of International Peace Activities, the head of which shall be the Assistant Secretary for International Peace Activities. The Assistant Secretary for International Peace Activities shall carry out those functions in the Department affecting international peace activities. (b) Responsibilities The Assistant Secretary for International Peace Activities shall— (1) develop new programs and promote existing proven programs to— (A) provide for the training and deployment of graduates of the Peace Academy established under section 102(f) and other nonmilitary conflict prevention and peacemaking personnel; (B) support country and regional conflict prevention and dispute resolution initiatives in countries experiencing social, political, or economic strife; (C) provide training for the administration of post-conflict reconstruction and demobilization in war-torn societies; (D) address root causes of violence; (E) eradicate extreme hunger and poverty; (F) achieve universal primary education; and (G) empower women and girls; (2) support the creation of a multinational nonviolent peace force; (3) provide for the exchanges between individuals of the United States and other nations who are endeavoring to develop domestic and international peace-based initiatives; and (4) disseminate applicable policies and research in consultation with appropriate entities of— (A) the Department of State; (B) the Department of Labor; (C) the Peace Corps; and (D) the United States Institute of Peace. (c) Grants The Assistant Secretary for International Peace Activities shall create a grant program to be known as the International Cultural Diplomacy for Peace grant program under which the Secretary shall make grants to elementary schools, secondary schools, institutions of higher education, nonprofit organizations, and nongovernmental organizations for the purpose of developing international cultural exchanges, including exchanges related to the arts and sports, that promote diplomacy and cultural understanding between the United States and members of the international community. 107. Office of Technology for Peace (a) In general There shall be in the Department an Office of Technology for Peace, the head of which shall be the Assistant Secretary for Technology for Peace. The Assistant Secretary for Technology for Peace shall carry out those functions in the Department affecting the awareness, study, and impact of developing new technologies on the creation and maintenance of domestic and international peace, and disseminate applicable policies and research in consultation with appropriate entities of the Department of State. (b) Grants The Assistant Secretary for Technology for Peace shall make grants for the research and development of technologies in transportation, communications, agriculture, and energy that— (1) are nonviolent in application; and (2) encourage the conservation and sustainability of natural resources in order to prevent future conflicts regarding scarce resources. 108. Office of Arms Control and Disarmament (a) In general There shall be in the Department an Office of Arms Control and Disarmament, the head of which shall be the Assistant Secretary for Arms Control and Disarmament. The Assistant Secretary for Arms Control and Disarmament shall carry out those functions in the Department affecting arms control programs and arms limitation agreements. (b) Responsibilities The Assistant Secretary for Arms Control and Disarmament shall— (1) advise the Secretary on interagency discussions and international negotiations, including discussions involving the Secretary of State, the Atomic Energy Commission, and the Secretary of Defense, regarding the reduction and elimination of weapons of mass destruction throughout the world, including the dismantling of such weapons and the safe and secure storage of materials related thereto; (2) assist nations, international agencies, and nongovernmental organizations in assessing the locations of the buildup of nuclear arms and other weapons of mass destruction; (3) develop nonviolent strategies to deter testing or use of offensive or defensive nuclear weapons and other weapons of mass destruction, whether based on land, air, sea, or in space; (4) serve as a depository for copies of all contracts, agreements, and treaties that address the reduction and elimination of nuclear weapons and other weapons of mass destruction or the protection of space from militarization; (5) provide technical support and legal assistance for the implementation of such agreements; and (6) disseminate applicable policies and research in consultation with appropriate entities of the Department of State and the Department of Commerce. 109. Office of Peacebuilding Information and Research (a) In general There shall be in the Department an Office of Peacebuilding Information and Research, the head of which shall be the Assistant Secretary for Peacebuilding Information and Research. The Assistant Secretary for Peacebuilding Information and Research shall carry out those functions in the Department affecting research and analysis relating to creating, initiating, and modeling approaches to peaceful coexistence and nonviolent conflict resolution. (b) Responsibilities The Assistant Secretary for Peacebuilding Information and Research shall— (1) commission or compile studies on the impact of war, especially on the physical and mental condition of children (using the 10-point anti-war agenda in the United Nations Children’s Fund report, State of the World’s Children 1996, as a guide) that shall include the study of the effect of war on the environment and public health; (2) compile information on effective community peacebuilding activities and disseminate such information to local governments and nongovernmental organizations in the United States and abroad; (3) commission or compile research on the effect of violence in the media and make such reports available to the Congress annually; (4) publish a monthly journal of the activities of the Department and encourage scholarly participation; (5) sponsor conferences throughout the United States to create awareness of the work of the Department; and (6) where applicable, work to carry out the responsibilities under this subsection in consultation with the United States Institute of Peace and other governmental and nongovernmental entities, including— (A) the Department of Health and Human Services; (B) the Department of Justice; and (C) the Department of State. 110. Office of Human Rights and Economic Rights (a) In general There shall be in the Department an Office of Human Rights and Economic Rights, the head of which shall be the Assistant Secretary for Human Rights and Economic Rights. The Assistant Secretary for Human Rights and Economic Rights shall carry out those functions in the Department that support the principles of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on December 10, 1948. (b) Responsibilities The Assistant Secretary for Human Rights and Economic Rights shall— (1) assist the Secretary, in consultation with the Secretary of State, in furthering the incorporation of the principles of human rights, as enunciated in the Universal Declaration of Human Rights, United Nations General Assembly Resolution 217A (III) of December 10, 1948, into all agreements between the United States and other nations to help reduce the causes of violence; (2) consult with the Secretary of State, the Atrocities Prevention Board of the White House, and other similarly concerned governmental and nongovernmental agencies to gather information on and document domestic and international human rights abuses, including genocide, torture, human trafficking, child soldiers, and child labor, and recommend to the Secretary nonviolent responses to promote awareness, understanding, and correction of abuses; (3) make such information available to other governmental and nongovernmental agencies in order to facilitate nonviolent conflict resolution; (4) provide trained observers to work with nongovernmental organizations for purposes of creating a climate conducive to the respect for human rights; (5) conduct economic analyses of the scarcity of human and natural resources as a source of conflict and make recommendations to the Secretary for nonviolent prevention of such scarcity, nonviolent intervention in case of such scarcity, and the development of programs to assist people facing such scarcity, whether due to armed conflict, misdistribution of resources, or natural causes; (6) assist the Secretary, in consultation with the Secretary of State and the Secretary of the Treasury, in developing strategies regarding the sustainability and the management of the distribution of funds from international agencies, the conditions regarding the receipt of such funds, and the impact of those conditions on the peace and stability of the recipient nations; (7) assist the Secretary, in consultation with the Secretary of State and the Secretary of Labor, in developing strategies to promote full compliance with domestic and international labor rights law; (8) conduct policy analysis to ensure that the international development investments of the United States positively impact the peace and stability of the recipient nation; and (9) disseminate policies and research in consultation with appropriate entities of the Department of State. 111. Intergovernmental Advisory Council on Peace (a) In general There shall be in the Department an advisory committee known as the Intergovernmental Advisory Council on Peace (in this section referred to as the Council ). The Council shall provide assistance and make recommendations to the President and the Secretary concerning intergovernmental policies relating to peace and nonviolent conflict resolution. (b) Responsibilities The Council shall— (1) provide a forum for representatives of Federal, State, and local governments to discuss peace issues; (2) promote better intergovernmental relations and offer professional mediation services to resolve intergovernmental conflict as needed; and (3) submit biennially, or more frequently if determined necessary by the Council, a report to the President, the Secretary, and Congress reviewing the impact of Federal peace activities on the Federal Government and on State and local governments. (c) Membership The Secretary shall appoint the members of the Council. 112. Federal Interagency Committee on Peace (a) Establishment There is established a Federal Interagency Committee on Peace (in this section referred to as the Committee ). The Committee shall— (1) assist the Secretary in providing a mechanism to assure that the procedures and actions of the Department and other Federal agencies are fully coordinated; and (2) study and make recommendations for assuring effective coordination of Federal programs, policies, and administrative practices affecting peace. (b) Membership The Secretary shall appoint the members of the Committee. 113. Staff The Secretary may appoint and fix the compensation of such employees as may be necessary to carry out the functions of the Secretary and the Department. Except as otherwise provided by law, such employees shall be appointed in accordance with applicable laws and the compensation of such employees fixed in accordance with title 5, United States Code. 114. Consultation required (a) Consultation in cases of conflict and violence prevention (1) In general In any case in which a conflict between the United States and any other government or entity is imminent or occurring, the Secretary of Defense and the Secretary of State shall consult with the Secretary of Peacebuilding concerning violence prevention, nonviolent means of conflict resolution, and peacebuilding. (2) Diplomatic initiatives In any case in which a conflict described in paragraph (1) is ongoing or recently concluded, the Secretary shall conduct an independent study of diplomatic initiatives undertaken by the United States and other parties to such conflict. (3) Initiative assessment In any case in which a conflict described in paragraph (1) has recently concluded, the Secretary shall assess the effectiveness of any initiatives in ending such conflict. (4) Consultation process The Secretary shall establish a formal process of consultation in a timely manner with the Secretary of State, the Secretary of Defense, and the National Security Council— (A) prior to the initiation of any armed conflict between the United States and any other nation; and (B) for any matter involving the use of Department of Defense personnel within the United States. (b) Consultation in drafting treaties and agreements The head of each appropriate Federal agency shall consult with the Secretary in drafting treaties and peace agreements. 115. Collaboration The Secretary shall, for the greatest effectiveness in promoting peace and peacebuilding, collaborate with all related programs in all Federal agencies. II OTHER MATTERS 201. Legislative recommendations of the Secretary Not later than 1 year after the date of the appointment of the first Secretary, the Secretary shall prepare and submit to Congress proposed legislation containing any necessary and appropriate amendments to the laws of the United States to carry out the purposes of this Act. 202. Peace Days The Secretary shall encourage citizens to observe and celebrate the blessings of peace and endeavor to create peace on Peace Days. Such days shall include discussions of the professional activities and the achievements in the lives of peacemakers. 203. Definitions In this Act: (1) Department The term Department means the Department of Peacebuilding established under section 101(a). (2) Elementary school The term elementary school has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Federal agency The term Federal agency has the meaning given the term agency in section 551(1) of title 5, United States Code. (4) Institution of higher education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (5) Nonprofit organization The term nonprofit organization means an entity that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986; and (B) is exempt from tax under section 501(a) of such Code. (6) Secondary school The term secondary school has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Secretary The term Secretary means the Secretary of Peacebuilding appointed under section 101(b). 204. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act such sums as may be necessary. (b) Limitation on use of funds Of the amounts appropriated pursuant to subsection (a), at least 85 percent shall be used for domestic peace programs, including administrative costs associated with such programs. | https://www.govinfo.gov/content/pkg/BILLS-113hr808ih/xml/BILLS-113hr808ih.xml |
113-hr-809 | I 113th CONGRESS 1st Session H. R. 809 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Bucshon introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for improvement of field emergency medical services, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Recognition of HHS as primary Federal agency for emergency medical services and trauma care. Sec. 5. Field EMS Excellence, Quality, Universal Access, Innovation, and Preparedness. Sec. 6. Field EMS System Performance, Integration, and Accountability. Sec. 7. Field EMS quality. Sec. 8. Field EMS education grants. Sec. 9. Evaluating innovative models for access and delivery of field EMS for patients. Sec. 10. Enhancing research in field EMS. Sec. 11. Emergency Medical Services Trust Fund. Sec. 12. Authorization of appropriations. 2. Findings The Congress finds the following: (1) All persons throughout the country should have access to and receive high-quality emergency medical care as part of a coordinated emergency medical services system. (2) Properly functioning emergency medical services (EMS) systems, 24 hours per day, 7 days per week, are essential to ensure access to emergency medical care and transport for all patients with emergency medical conditions. Such coordinated EMS systems are also necessary for response to catastrophic incidents. (3) Ensuring high-quality and cost-effective EMS systems requires readiness, preparedness, medical direction, oversight, and innovation throughout the continuum of emergency medical care through Federal, State, and local multijurisdictional collaboration and sufficient resources for EMS agencies and providers. (4) At the Federal level, EMS responsibilities and resources of several Federal agencies consistent with their expertise and authority must emphasize the critical importance of Federal agency collaboration and coordination for all emergency medical services. (5) At the State and local level, EMS systems and agencies require the coordination and improved capabilities of multiple and diverse stakeholders. (6) Emergency medical services encompass the provision of care provided to patients with emergency medical conditions throughout the continuum, including emergency medical care and trauma care provided in the field, hospital, and rehabilitation settings. (7) Field EMS comprises essential emergency medical services, including medical care or medical transport provided to patients prior to or outside medical facilities and other clinical settings. The primary purpose of field emergency medical services is to ensure that emergency medical patients receive the right care at the right place in the right amount of time. (8) Coordinated and high-quality field EMS is essential to the Nation’s security. Field EMS is an essential public service provided by governmental and nongovernmental agencies and practitioners 24 hours a day, 7 days a week, and during catastrophic incidents. To ensure disaster and all-hazards preparedness for EMS operations as part of the Nation’s comprehensive disaster preparedness, Federal funding for preparedness activities, including catastrophic training and drills, must be provided to governmental and nongovernmental EMS agencies so as to ensure a greater capability within each of these areas. (9) Numerous recommendations from several significant national reports and documents have demonstrated the need in multiple areas for substantial improvement of emergency medical services provided in the field, including recommendations in the EMS Agenda for the Future, the Institute of Medicine report The Future of Emergency Care in the United Health System , and the National EMS Education Agenda for the Future: A Systems Approach and recommendations by the National EMS Workforce Injury and Illness Surveillance Program, the Department of Transportation’s National EMS Advisory Council (NEMSAC), and the Federal Interagency Committee on Emergency Medical Services (FICEMS). (10) To substantially improve field EMS, advancements must be made in several essential areas including readiness, innovation, preparedness, education and workforce development, safety, financing, quality, standards, and research. (11) The recognition of a primary programmatic Federal agency for emergency medical services within the Department of Health and Human Services was recommended by the Institute of Medicine and is necessary to provide a more streamlined, cost-efficient, and comprehensive approach for field EMS and a focal point for practitioners and agencies to interface with the Federal Government. (12) The essential role of field EMS in disaster preparedness and response must be incorporated into the national preparedness and response strategy and implementation as provided and overseen by the Department of Homeland Security and the Department of Health and Human Services pursuant to their respective jurisdictions. (13) The essential role of NHTSA in the continued development of NEMSIS and in overseeing transportation issues related to field EMS such as EMS and ambulance vehicle safety standards should be maintained. (14) FICEMS must continue in its essential role in coordinating the Federal activities related to the full spectrum of EMS. 3. Definitions In this Act: (1) The term ambulance diversion means the practice by hospitals of denying access to an incoming ambulance by requesting it to proceed to another facility due to a stated lack of capacity at the initial facility, resulting in delayed access to definitive care. (2) The term EMS means emergency medical services. (3) The term FICEMS means the Federal Interagency Committee on Emergency Medical Services. (4) The term field EMS means emergency medical services provided to patients (including transport by ground, air, or otherwise) prior to or outside a medical facility or other clinical setting. (5) The term field EMS agency means an organization providing field EMS, regardless of— (A) whether such organization is governmental, nongovernmental, or volunteer; and (B) whether such organization provides field EMS by ground, air, or otherwise. (6) The term emergency medical services or EMS means emergency medical care, trauma care, and related services provided to patients at any point in the continuum of health care services, including emergency medical dispatch and emergency medical care, trauma care, and related services provided in the field, during transport, or in a medical facility or other clinical setting. (7) The term field EMS patient care reports means the information that a field EMS agency typically creates regarding a patient’s medical condition and treatment in the course of providing emergency medical services to that patient. (8) The term medical oversight means the supervision by a physician of the medical aspects of an EMS system or agency and its providers including prospective, concurrent, and respective components of field EMS and the education of EMS providers. (9) The term NEMSAC means the National Emergency Medical Services Advisory Council. (10) The term NEMSIS means the National EMS Information System. (11) The term NHTSA means the National Highway Traffic Safety Administration. (12) The term patient parking means the practice by hospitals of refusing to accept transfer of a patient’s care from an ambulance crew until a regular emergency department bed is available, requiring the crew to continue to provide patient care on the ambulance stretcher other than a patient bed in the hospital until hospital staff will accept the transfer of care, resulting in delayed access to definitive care. (13) The term State EMS Office means an office designated by the State with primary responsibility for oversight of the State’s EMS system, such as responsibility for oversight of EMS coordination, licensing or certifying EMS practitioners, and EMS system improvement. (14) The term STEMI means ST–Segment Elevation Myocardial Infarction. 4. Recognition of HHS as primary Federal agency for emergency medical services and trauma care (a) Primary Federal agency The Department of Health and Human Services shall serve as the primary Federal agency with responsibility for programs and activities relating to emergency medical services and trauma care. (b) Office of EMS and Trauma (1) Establishment There is established an Office of Emergency Medical Services and Trauma, to be known as the Office of EMS and Trauma, within the Department of Health and Human Services. The Office of EMS and Trauma shall be headed by a director appointed by the Secretary of Health and Human Services. (2) Role of Office within HHS (A) In general The Office of EMS and Trauma shall have— (i) the responsibilities delegated to the Office of EMS and Trauma pursuant to paragraph (3); (ii) the responsibilities and authorities vested in the Office of EMS and Trauma by other provisions of this Act; and (iii) such responsibilities and authorities as may be delegated or transferred to the Office of EMS and Trauma pursuant to subparagraph (B). (B) Additional responsibilities and authorities In addition to the responsibilities and authorities specified in clauses (i) and (ii) of subparagraph (A), the Secretary of Health and Human Services may delegate or transfer to the Office of EMS and Trauma any other responsibility or authority of the Department of Health and Human Services relating to emergency medical services and trauma care, including such services and care relating to— (i) the full continuum of emergency medical services, including field EMS and trauma and hospital emergency medical care; or (ii) improving the quality, innovation, or cost effectiveness of emergency medical services. (C) Location of office in HHS The Secretary shall locate the Office of EMS and Trauma within the organizational structure of the Department of Health and Human Services in a manner that achieves each of the following: (i) Recognition of the importance and unique life-saving services associated with field EMS, trauma care, and hospital emergency care as a significant Federal priority. (ii) Integration of these essential services with the larger health care system and within the disaster preparedness system, including through regionalization of such services and by enhancing daily readiness capabilities to ensure adequate disaster readiness capabilities, consistent with the National Health Security Strategy. (iii) Consolidation, co-location, and cost efficiencies in administering programs and activities related to field EMS, trauma care, and hospital emergency medical care. (iv) Establishment of a Federal focal point for leadership and improved coordination, support, and oversight of field EMS, trauma care and hospital emergency medical care. (v) Sufficient level and stature such that— (I) such Office is able to fulfill its role, responsibilities, and authorities; and (II) the Director of such Office reports directly to the Secretary or an official within the Department who reports directly to the Secretary. (vi) Establishment of a visible and identifiable point of contact with which the public; EMS agencies and practitioners; State and local government agencies; EMS educational institutions; EMS, trauma, and hospital emergency care professional associations; and all other parties may interact. (3) Responsibilities The Secretary of Health and Human Services shall, at a minimum, delegate responsibility to the Office of EMS and Trauma to carry out— (A) sections 5 and 6 (relating to the EQUIP and SPIA grant programs, respectively); (B) section 330J of the Public Health Service Act ( 42 U.S.C. 254c–15 ; relating to rural emergency service training and equipment assistance program); (C) part A ( 42 U.S.C. 300d et seq. ), part B (42 U.S.C. 300d–11 et seq.), part C ( 42 U.S.C. 300d–31 et seq. ), part D (42 U.S.C. 300d–41 et seq.), and part H ( 42 U.S.C. 300d–81 et seq. ) of title XII of the Public Health Service Act (relating to trauma care); (D) section 8 (relating to the field EMS education grant program); and (E) section 9 (relating to evaluating innovative models for access and delivery of field EMS for patients). (c) National EMS strategy The Secretary of Health and Human Services, acting through the Director of the Office of EMS and Trauma, and in consultation with the Assistant Secretary for Preparedness and Response and the Administrator of the Health Resources and Services Administration, shall develop and implement a cohesive national EMS strategy to strengthen the development of the full continuum of EMS at the Federal, State, and local levels. In establishing such a strategy, the Secretary shall— (1) solicit and consider the recommendations of the NEMSAC as well as relevant stakeholders; (2) consult and collaborate with FICEMS to ensure consistency of such national EMS strategy within the larger Federal strategy regarding all of emergency medical services and national preparedness and response; (3) address issues related to EMS patient and practitioner safety, standardization of EMS practitioner licensing and credentialing, field EMS quality and medical oversight, regionalization of field EMS and trauma and emergency care services, availability of field EMS and trauma care and emergency medical services throughout the Nation, and integration of field EMS practitioners into the broader health care system, including— (A) promotion of the adoption by States of the education standards identified in the Emergency Medical Services Education Agenda for the Future: A Systems Approach and any revisions thereto, including the standardization of licensing and credentialing of field EMS practitioners and standards of care, based on best practices and evidence-based medicine, including by— (i) the identification of differences in the levels of care, scope of practice, and licensure and credentialing requirements among the States; and (ii) the adoption by the States of national standards for such levels of care, scope of practice and licensure and credentialing requirements; (B) promotion of a culture of safety, including— (i) the adoption of an anonymous error reporting system designed to identify systemic problems in field EMS patient and practitioner safety and ensure a single means of collecting and reporting relevant error data by field EMS agencies and States; (ii) the establishment of field EMS patient and practitioner safety goals and the specific means to improve field EMS practitioner and patient safety to achieve such goals; and (iii) the adoption of more uniform national ambulance vehicle safety and manufacturing standards as developed by the National Fire Protection Administration or coordinated by NHTSA; (C) the integration and utilization of field EMS practitioners as part of the larger health care system including— (i) the potential utilization of field EMS practitioners for the provision of care to patients with nonemergent medical conditions; and (ii) strategies to implement the recommendations provided by the National Health Care Workforce Commission, pursuant to section 5101(d)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q(d)(2) ; and (D) such other issues as the Secretary considers appropriate; (4) incorporate into such strategy the preparedness and response objectives identified by the Secretary of Homeland Security and the Assistant Secretary for Preparedness and Response in order— (A) to ensure the capability and capacity of the full spectrum of EMS to respond to terrorist attacks, disasters, catastrophic events, and mass casualty events; and (B) to coordinate with the Secretary of Homeland Security accordingly; (5) complete the development of such strategy not later than 18 months after the date of enactment of this Act; (6) communicate such strategy to the relevant congressional committees of jurisdiction; (7) implement such strategy to the extent practical not later than 3 years after the date of enactment of this Act; and (8) update such strategy not less than every 3 years. (d) Statutory construction Nothing in this Act shall be construed to supercede any statutory authority of any Federal agency that is not within the Department of Health and Human Services. 5. Field EMS Excellence, Quality, Universal Access, Innovation, and Preparedness (a) In general The Director of the Office of EMS and Trauma (in this section referred to as the Director ), shall establish the EQUIP grant program— (1) to promote excellence in all aspects of the provision of field EMS by field EMS agencies; (2) to enhance the quality of emergency medical care provided to patients by field EMS practitioners through evidence-based, medically directed field emergency care; (3) to promote universal access to and availability of high-quality field EMS in all geographic locations of the Nation; (4) to spur innovation in the delivery of field EMS; and (5) to improve EMS agency readiness and preparedness for day-to-day emergency medical response. (b) Application (1) In general To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Director in such form and manner, that contains such agreements, assurances, and information as the Director determines to be reasonably necessary to carry out this section. (2) Simple form The Director shall ensure that grant application requirements are not unduly burdensome to smaller and volunteer field EMS agencies or other agencies with limited resources. (3) Consistency with preparation goals The Director shall ensure that grant applications are consistent with national and relevant State preparedness plans and goals. (c) Use of funds Grants may be used by eligible entities to— (1) sustain field EMS practitioners to ensure 24 hours a day, 7 days a week readiness and preparedness at the local level; (2) develop and implement initiatives related to delivery of medical services, including— (A) innovative clinical practices to improve the cost effectiveness and quality of care delivered to emergency patients in the field that results in improved patient outcomes and cost savings to the health system, including for high prevalence emergency medical conditions such as sudden cardiac arrest, STEMI, stroke, and trauma; and (B) delivery systems to improve patient outcomes, which may include implementing evidence-based protocols, interventions, systems, and technologies to reduce clinically meaningful response times; (3) purchase and implement— (A) medical equipment and training for using such equipment; (B) communication systems to ensure seamless and interoperable communications with other first responders; and (C) information systems to comply with NEMSIS data collection and integrate field emergency care with electronic medical records; (4) participate in federally sponsored field EMS research; (5) establish or enhance comprehensive medical oversight and quality assurance programs that include the active participation by medical directors in field EMS medical direction and educational programs; and (6) such other uses as the Director may establish. (d) Administration of grants In establishing and administering the EQUIP grant program, the Director— (1) shall establish a grantmaking process that includes— (A) prioritization for the awarding of grants to eligible entities and consideration of the factors in reviewing grant applications by eligible entities including— (i) demonstrated financial need for funding; (ii) utilization of public and private partnerships; (iii) enhanced access to high-quality field EMS in under served geographic areas; (iv) unique needs of volunteer and rural field EMS agencies; (v) distribution among a variety of geographic areas, including urban, suburban, and rural; (vi) distribution of funds among types of EMS agencies, including governmental, nongovernmental and volunteer; (vii) implementation of evidence-based interventions that improve quality of care, patient outcomes, efficiency, or cost effectiveness; and (viii) such other factors as the Director considers necessary; (B) a peer-reviewed process to recommend grant allocations in accordance with the prioritization established by the Director except that final award determinations shall be made by the Director; and (C) the provision of grant awards to eligible entities on an annual basis, except that the Director may reserve not more than 25 percent of the available appropriations for multiyear grants and no grant award may exceed a 2-year period; (2) shall consult with and take into consideration the recommendations of the Assistant Secretary for Preparedness and Response, FICEMS, NEMSAC and relevant stakeholders; (3) shall ensure that funds used for day-to-day preparedness activities are consistent and aligned with Federal preparedness priorities; and (4) may contract with an independent, third-party, nonprofit organization to administer the grant program if the Director establishes conflict-of-interest requirements as part of any such contractual relationship. (e) Eligibility Eligible grant recipients are field EMS agencies that— (1) are licensed by or otherwise authorized in the State in which they operate; and (2) have medical oversight and quality improvement programs as defined by the Director. (f) Annual report The Director shall submit an annual report on the EQUIP grant program under this section to the Congress. 6. Field EMS System Performance, Integration, and Accountability (a) In general The Director of the Office of EMS and Trauma (in this section referred to as the Director ) shall establish the SPIA grant program— (1) to improve field EMS system performance, integration and accountability; (2) to ensure preparedness for field EMS at the State and local levels; (3) to enhance physician medical oversight of field EMS systems; (4) to improve coordination between regional field EMS systems and integration of such regional field EMS systems into the larger health care system; (5) to enhance data collection and analysis to improve, on a continuing basis, the field EMS system; and (6) to promote standardization of national EMS certification of emergency medical technicians and paramedics. (b) Use of funds Grants may be used by eligible entities— (1) to enhance EMS system readiness and preparedness for day-to-day emergency medical response; (2) to improve cross-border collaboration and planning among States; and (3) to collect data with regard to— (A) NEMSIS; (B) field EMS education; (C) field EMS workforce; (D) cardiac events, including STEMI and sudden cardiac arrest; (E) stroke; (F) disasters, including injuries and illnesses; (G) ambulance diversion and patient parking; (H) trauma (in a manner that is complementary and not duplicative of other trauma data collection such as the National Trauma Data Bank); (I) data determined necessary by the State office of EMS for oversight and coordination of the State field EMS system; and (J) any other such data that the Director specifies; (4) to implement and evaluate system-wide quality improvement initiatives, including medical direction at the State, local, and regional levels; (5) to integrate field EMS with other health care services as part of a coordinated system of care provided to patients with emergency medical conditions to help ensure the right patient receives the right care by the right crew in the right vehicle and at the right medical facility in the right amount of time, including by enhancing regional emergency medical dispatch; (6) to incorporate national EMS certification for all levels of emergency medical technicians and paramedics; (7) to improve the State’s planning for ensuring a consistent, available EMS workforce; (8) to fund EMS regional and local oversight and planning organizations or develop regional systems of emergency medical care within the State to further enhance coordination and systemic development throughout the State; and (9) for such other uses as the Director may establish. (c) Administration of grants In establishing and administering the SPIA grant program, the Director shall— (1) establish State EMS system performance standards to serve as guidance to States in improving their EMS systems and in applying for grants under this subsection. In establishing such standards, the Director shall— (A) take into the consideration the recommendations of the Assistant Secretary for Preparedness and Response, FICEMS, NEMSAC, and relevant stakeholders; (B) include national, evidence-based guidelines; and (C) take into account the needs and resource limitations of volunteer, smaller agencies, and agencies in rural areas. (2) provide technical assistance to State EMS offices in conducting comprehensive EMS planning with regard to evidence-based workforce and development competencies for field EMS management; (3) allocate, within the available funds, SPIA grants to a maximum of one grant per applicant according to a formula based on population and geographic area, as determined by the Director, for a period not to exceed 2 years; and (4) require that States allocate a portion of their grant funds to regional and local oversight and planning EMS organizations within the State for the purpose of field EMS system development, maintenance, and improvement of coordination among regional organizations. (d) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Director in such form and manner, that contains such agreements, assurances, and information as the Director determines to be reasonably necessary to carry out this section. (e) Eligibility The eligible entities for a grant under this section are the State EMS office in each of the several States, tribes, and territories. (f) Annual report The Director shall submit an annual report on the SPIA grant program under this section to the Congress. 7. Field EMS quality (a) Medical oversight (1) In general To improve medical oversight of field EMS and ensure continuity and quality for such medical oversight, the Director of the Office of EMS and Trauma (in this section referred to as the Director ) shall— (A) promote high-quality and comprehensive medical oversight of— (i) all medical care provided by field EMS practitioners; and (ii) the education and training of field EMS practitioners; (B) promote the development, adoption, and utilization of national guidelines for the roles of physicians who provide medical oversight for field EMS and other health care providers who support physicians in this role; (C) support efforts of relevant physician stakeholders in developing and disseminating guidelines for use by EMS medical directors and field EMS practitioners on a national basis; and (D) convene a Field EMS Medical Oversight Advisory Committee, comprised of representatives of relevant physician stakeholders, to advise the Director on ways and means to advance and support development and maintenance of quality medical oversight throughout the Nation's systems for field EMS. (2) Additional considerations In carrying out subparagraphs (B) and (C) of paragraph (1) (relating to supporting guidelines), the Director shall take into consideration— (A) existing guidelines developed by national professional physician associations, States, and other relevant governmental or nongovernmental entities; (B) the input of other relevant stakeholders, including health care providers who support physicians who provide medical oversight for field EMS; and (C) the unique needs associated with medical oversight of provision of field EMS in rural areas or by volunteers. (3) Flexibility The guidelines promoted under subparagraphs (B) and (C) of paragraph (1) shall ensure high-quality training, credentialing, and direction in connection with medical oversight of field EMS at the State, regional, and local levels while providing sufficient flexibility to account for historical and legitimate differences in field EMS among States, regions, and localities. (4) Required use of guidelines As a condition on receipt of a grant under section 5 or 6, the Director shall require the grant recipient to adopt and implement (to the extent applicable) the guidelines promoted under subparagraphs (B) and (C) of paragraph (1). (b) GAO study and report (1) In general The Comptroller General of the United States shall complete a study on— (A) medical and administrative liability issues that may impede— (i) medical direction provided by physicians directly regarding specific patients or medical oversight provided by physicians in establishing medical protocols, procedures, and other activities related to the provision of emergency medical care in field EMS; or (ii) the highest quality emergency medical care in field EMS provided by personnel other than physicians such as emergency medical technicians and paramedics; (B) reimbursement for any component of medical oversight; and (C) such other issues as the Comptroller General deems appropriate relating to improving the quality and medical oversight of emergency medical care in field EMS. (2) Report to Congress Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall complete the study under paragraph (1) and submit a report to the Congress on the results of such study, including any recommendations. (c) Data collection and exchange (1) National EMS information system (A) In general The Administrator of NHTSA may maintain, improve, and expand the National EMS Information System, including the National EMS Database. (B) Consultation The Administrator of NHTSA shall carry out this paragraph in consultation with the Director. (C) Standardization In carrying out subparagraph (A), the Administrator of NHTSA shall promote the collection and reporting of data on field EMS in a standardized manner. (D) Availability of data The Administrator of NHTSA shall ensure that information in the National EMS Database (other than individually identifiable information) is available to Federal and State policymakers, EMS stakeholders, and researchers. (E) Technical assistance In carrying out subparagraph (A), the Administrator of NHTSA may provide technical assistance to State and local agencies, field EMS agencies, and other entities deemed appropriate by the Administrator to assist in the collection, analysis, and reporting of data. (2) Report on data gaps (A) In general Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director, in consultation with the Administrator of NHTSA, shall submit to the Congress a report that— (i) identifies gaps in the collection of data related to the provision of field EMS; and (ii) includes recommendations for improving the collection, reporting, and analysis of such data. (B) Recommendations The recommendations required by subparagraph (A)(ii) shall— (i) take into consideration the recommendations of FICEMS and NEMSAC and relevant stakeholders; (ii) recommend methods for improving data collection and reporting and analysis without unduly burdening reporting entities and without duplicating existing data sources (such as data collected by the National Trauma Data Bank); (iii) address the quality and availability of data, and linkages with existing patient registries, related to the provision of field EMS and utilization of field EMS with respect to a variety of illnesses and injuries (in both the everyday provision of field EMS and catastrophic or disaster response) including— (I) cardiac events such as chest pain, sudden cardiac arrest, and STEMI; (II) stroke; (III) trauma; (IV) disaster and catastrophic incidents, such as incidents related to terrorism or natural or manmade disasters; and (V) ambulance diversion and patient parking; and (iv) include an analysis of the variety of services provided by field EMS agencies. (3) Report on data integration to promote quality of care Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the head of the Office of the National Coordinator for Health Information Technology, in collaboration with the Director of the Office of EMS and Trauma, FICEMS, and the Administrator of NHTSA as appropriate, and taking into consideration input from relevant stakeholders, shall submit a report (including recommendations) on issues, impediments, and potential solutions pertaining to the following objectives: (A) Incorporation of field EMS patient care reports into patient electronic health records, taking into consideration— (i) the extent to which field EMS patient care reports are presently created in electronic format and the potential for elements of such reports to be incorporated into patient electronic health records; (ii) the data elements of field EMS patient care reports that would promote quality and efficiency of care if incorporated into patient electronic health records; (iii) potential modifications to the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act or other Federal health programs (including potential modifications to the HITECH Act (title XIII of division A of Public Law 111–5 ) including modifications to the entities included as eligible for incentive payments under section 1848(o), 1853(l) (to the extent that such section 1848(o) is applied), or 1903(t) of the Social Security Act, criteria for certified EHR technology for purposes of such sections, and objectives and measures for determining meaningful use of such technology for purposes of such sections) to provide appropriate reimbursement and financial incentives for EMS agencies— (I) to maintain field EMS patient care reports in a structured electronic format; and (II) to otherwise adopt and use electronic health records; and (iv) potential modifications to the HITECH Act to provide incentives to eligible hospitals under section 1886(n), 1853(m) (to the extent that such section 1886(n) is applied), or section 1814(l)(3) of the Social Security Act to incorporate appropriate data elements of field EMS patient care reports into patient electronic health records. (B) Incorporation of patient health information created subsequent to the receipt of field EMS emergency care into NEMSIS, taking into consideration— (i) what types of medical information created subsequent to the receipt of field EMS emergency care (such as outcomes information or information regarding subsequent care and treatment) would, if included in NEMSIS, be potentially useful in evaluating and improving the quality of EMS care; (ii) how best to integrate such information into NEMSIS; (iii) potential modifications to the HITECH Act to require eligible hospitals, as defined in section 1886(n)(6)(B) of the Social Security Act, for purposes of incentive payments under 1886(b)(3)(B)(ix) and 1886(n) of such Act, to develop or report relevant data to NEMSIS or other appropriate State or private registries; and (iv) potential modifications to the Medicare and Medicaid programs under titles XVIII and XIX, respectively, of the Social Security Act or other Federal health programs to provide appropriate reimbursement and financial incentives for field EMS agencies to develop or report relevant data to NEMSIS or other appropriate State or private registries. (d) Clarification of HIPAA (1) Exchange of information related to the treatment of patients (A) In general Nothing in HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act ( 42 U.S.C. 300jj–19(a)(2) ) shall be construed as prohibiting the exchange of information between field EMS practitioners treating an individual and personnel of a hospital to which the individual is transported for the purposes of relating information on the medical history, treatment, care, and outcome of such individual (including any health care personnel safety issues such as infectious disease). (B) Guidelines The Secretary of Health and Human Services shall establish guidelines for exchanges of information between field EMS practitioners treating an individual and personnel of a hospital to which the individual is transported to protect the privacy of the individual while ensuring the ability of such EMS practitioners and hospital personnel to communicate effectively to further the continuity and quality of emergency medical care provided to such individual. (2) NEMSIS data Nothing in HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act ( 42 U.S.C. 300jj–19(a)(2) ) shall be construed as prohibiting— (A) a field EMS agency from submitting EMS data to the State EMS Office for the purpose of quality improvement and data collection by the State for submission to NEMSIS; or (B) the State EMS Office from submitting aggregated nonindividually identifiable EMS data to the National EMS Database maintained by NHTSA. 8. Field EMS education grants (a) In general For the purpose of promoting field EMS as a health profession and ensuring the availability, quality, and capability of field EMS educators, practitioners, and medical directors, the Director of the Office of EMS and Trauma (in this section referred to as the Director ) may make grants to eligible entities for the development, availability, and dissemination of field EMS education programs and courses that improve the quality and capability of field EMS personnel. In carrying out this section, the Director shall take into consideration input from the Administrator of NHTSA, FICEMS, NEMSAC, the National Health Care Workforce Commission established under section 5101 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 294q ), and relevant stakeholders. (b) Eligibility In this section, the term eligible entity means an educational organization, an educational institution, a professional association, and any other entity involved with the education of field EMS practitioners. (c) Use of funds The Director may award a grant to an eligible entity under paragraph (1) only if the entity agrees to use the grant to— (1) develop and implement education programs that— (A) train field EMS trainers and promote the adoption and implementation of the education standards identified in the Emergency Medical Services Education Agenda for the Future: A Systems Approach including any revisions thereto; (B) bridge the gap in knowledge and skills in field EMS and among field EMS and other allied health professions to develop a larger cadre of educational instructors and build a stronger and more flexible field EMS practitioner corps; or (C) provide training and retraining programs to provide displaced workers the opportunity to enter a field EMS profession; (2) develop and implement educational courses pertaining to— (A) instructor courses; (B) provision of medical direction of field EMS; (C) field EMS practitioners, including physicians, emergency medical technicians, paramedics, nurses, and other relevant clinicians providing emergency medical care in the field; (D) field EMS educational and clinical research; (E) bridge programs among field EMS, nursing, and other allied health professions; (F) field EMS management; (G) national, evidence-based guidelines; and (H) translation of the lessons learned in military medicine to field EMS; (3) evaluate education and training courses and methodologies to identify optimal educational modalities for field EMS practitioners; (4) improve the field EMS education infrastructure by increasing the number of field EMS instructors and the quality of their preparation by improving, enhancing, and modernizing the dissemination of EMS education, including distance learning, and by establishing quality improvement for EMS education programs; (5) enhance the opportunity for medical direction training and for promoting appropriate medical oversight of field emergency medical care; (6) improve systems to design, implement, and evaluate education for prospective and current field EMS providers; or (7) carrying out such other activities as the Director may identify. (d) Priority The Director, in consultation with NHTSA and relevant stakeholders, and taking into consideration the recommendations of FICEMS and NEMSAC, shall establish a system of prioritization in awarding grants under this section to eligible entities. (e) Duration of grants Grants under this section shall be for a period of 1 to 3 years. (f) Application The Director may not award a grant to an eligible entity under this section unless the entity submits an application to the Director in such form, in such manner, and containing such agreements, assurances, and information as the Director may require. The Director shall ensure that the requirements for submitting an application under this section are not unduly burdensome. 9. Evaluating innovative models for access and delivery of field EMS for patients (a) Evaluation (1) In general Not later than 1 year after the date of the enactment of this Act, the Director of the Office of EMS and Trauma, in consultation with the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the Director ), and taking into consideration the recommendations of NEMSAC and FICEMS, shall complete an evaluation of— (A) the provision of and reimbursement for alternative delivery models for medical care through field EMS; and (B) the integration of field EMS patients with other medical providers and facilities as medically appropriate. (2) Specific issues The evaluation under paragraph (1) shall consider each of the following: (A) Alternative dispositions of patients, including— (i) transporting patients by ambulance to destinations other than a hospital such as the office of the patient’s physician, an urgent care center, or the facilities of another health care provider; (ii) when medically necessary, the evaluation, treatment, or referral of patients to other medically appropriate health care providers; and (iii) the funding of the provision of medical care regardless of the decision to transport such as reimbursement models based on readiness rather than transport and shared savings. (B) Issues related to medical liability and the requirements of section 1867 of the Social Security Act ( 42 U.S.C. 1395dd ; commonly referred to as EMTALA ) associated with transport to destinations other than a hospital emergency department. (C) Necessary protections to ensure that patients receive timely and appropriate care in the appropriate setting. (D) Whether there are any barriers to providing alternate dispositions to patients who are not in need of care in hospital emergency departments. (E) Other issues determined by the Director, including, when possible, issues recommended by FICEMS or NEMSAC for evaluation under this subsection. (b) Demonstration projects (1) In general Beginning not later than 1 year after the date of the enactment of this Act, the Director shall conduct or support at least 10 demonstration projects to— (A) evaluate the implementation and reimbursement of alternative dispositions of field EMS patients, including— (i) transporting patients by ambulance to alternate destinations when medically appropriate and in the patients’ best interests; and (ii) when medically necessary, evaluating, treating, or referring patients to other medically appropriate providers; (B) evaluate the implementation of reimbursement models based on readiness rather than transport or shared savings; and (C) determine whether such alternative dispositions and reimbursement models— (i) improve the safety, effectiveness, timeliness, and efficiency of EMS; and (ii) reduce overall utilization and expenditures under the Medicare program under title XVIII of the Social Security Act. (2) Evidence-based protocols The Director shall ensure that at least one demonstration project under paragraph (1) evaluates evidence-based protocols that give guidance on selection of the destination to which patients are transported. (3) Duration The period of a demonstration project under paragraph (1) shall not exceed 36 months. (4) Research If the Director determines that further research is necessary prior to or in conjunction with the demonstration projects under this subsection in order to evaluation the implementation of alternative dispositions of field EMS patients, the Director shall conduct or support such research. (5) Authorization of appropriations Of the amount made available to carry out section 1115A of the Social Security Act (42 U.S.C. 1315a) for a fiscal year, there are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Report to Congress Not later than 1 year after the completion of all demonstration projects under subsection (b), the Director shall submit to the Congress a report on the results of activities under this section, including recommendations on the efficacy of alternative dispositions of field EMS patients. 10. Enhancing research in field EMS (a) Models To be tested by Center for Medicare and Medicaid Innovation Section 1115A(b)(2)(B) of title XI of the Social Security Act ( 42 U.S.C. 1315a(b)(2)(B) ) is amended by adding at the end the following: (xxi) Enhancing health outcomes for patients receiving field emergency medical services and improving timely and efficient delivery of high-quality field emergency medical services, such as through— (I) regionalization of emergency care; (II) medical transport to alternate destinations; or (III) when medically necessary, the evaluation, treatment, or referral of patients to other medically appropriate health providers. . (b) Emergency medical research Section 498D of the Public Health Service Act ( 42 U.S.C. 289g–4 ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Field EMS emergency medical research The Secretary shall conduct research and evaluation relating to field EMS through the Agency for Healthcare Research and Quality and the Center for Medicare and Medicaid Innovation. . (c) Field EMS practice center Subpart II of part D of title IX of the Public Health Service Act ( 42 U.S.C. 299b–33 et seq. ) is amended by adding at the end the following: 938. Field EMS practice center (a) Establishment For the purpose described in subsection (b), the Director shall establish within the Office of Research and Evaluation a Field EMS Evidence-Based Practice Center. (b) Purpose The purpose of the Center is to conduct or support research to promote the highest quality of emergency medical care in field EMS and the most effective delivery system for the provision of such care. Research conducted or supported pursuant to the preceding sentence shall include— (1) comparative safety and effectiveness research; (2) other appropriate clinical or systems research; and (3) research addressing— (A) critical care transport; (B) off-shore operations; (C) tactical emergency medical services; (D) air medical services; and (E) the application of lessons learned in military field medicine in the delivery of emergency medical care in field EMS. (c) Definition In this section: (1) The term Center means the Field EMS Evidence-Based Practice Center established under subsection (a). (2) The term field EMS has the meaning given to such term in section 3 of the Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013 . . (d) Limitations on certain uses of research Section 1182 of the Social Security Act ( 42 U.S.C. 1320e–1 ) is amended by striking section 1181 each place it appears and inserting section 1181 of this Act or section 498D(c) or 938 of the Public Health Service Act . (e) Regulatory barriers For the purposes of research conducted pursuant to this section or any other research funded by the Department of Health and Human Services related to emergency medical services in the field in which informed consent is required but may not be attainable, the Secretary of Health and Human Services shall— (1) evaluate and consider the patient and research issues involved; and (2) address regulatory barriers to such research related to the need for informed consent in a manner that ensures adequate patient safety and notification, and submit recommendations to Congress for any changes to Federal statutes necessary to address such barriers. 11. Emergency Medical Services Trust Fund (a) Designation of income tax overpayments and additional contributions for emergency medical services Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: IX Designation of income tax overpayments and additional contributions for emergency medical services 6097. Designation by individuals (a) In general Every individual (other than a nonresident alien)— (1) may designate that a specified portion of any overpayment of tax for a taxable year, and (2) may designate that an amount in addition to any payment of tax for such taxable year and any designation under paragraph (1), shall be used to fund the Emergency Medical Services Trust Fund. Designations under the preceding sentence shall be in an amount not less than $1 and the Secretary shall provide for elections in amounts of $1, $5, $10, or such other amount as the taxpayer designates. (b) Adjusted income tax liability For purposes of this section, the term adjusted income tax liability means income tax liability (as defined in section 6096(b)) reduced by any amount designated under section 6096 (relating to designation of income tax payments to Presidential Election Campaign Fund). (c) Overpayments Treated as Refunded For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as— (1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and (2) a contribution made by such taxpayer on such date to the United States. (d) Manner and time of designation A designation under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the signature of the taxpayer. . (b) Emergency Medical Services Trust Fund Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Emergency Medical Services Trust Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Emergency Medical Services Trust Fund , consisting of such amounts as may be credited or paid to such trust fund as provided in section 6097. (b) Transfers to trust fund There are hereby appropriated to the Emergency Medical Services Trust Fund amounts equivalent to the amounts of the overpayments of tax to which designations under section 6097 apply. (c) Expenditures from trust fund Amounts in the Emergency Medical Services Trust Fund shall be available, as provided in appropriation Acts, only for carrying out the provisions for which amounts are authorized to be appropriated under subsections (a) and (b) of section 12 of the Field EMS Quality, Innovation, and Cost Effectiveness Improvements Act of 2013 . . (c) Clerical amendments (1) Clerical amendment The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part IX. Designation of income tax overpayments and additional contributions for emergency medical services. . (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Emergency Medical Services Trust Fund. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 12. Authorization of appropriations (a) In general Out of amounts in the Emergency Medical Services Trust Fund, there are authorized to be appropriated— (1) $12,000,000 shall be for carrying out sections 4 (excluding the provisions of law listed in subsection (b)(3) of such section), 7, 9(a), 9(c), and 11 of this Act for each of fiscal years 2014 through 2017; (2) $200,000,000 shall be for carrying out section 5 of this Act for each of fiscal years 2014 through 2017; (3) $50,000,000 shall be for carrying out section 6 of this Act for each of fiscal years 2014 through 2017; (4) $4,000,000 shall be for carrying out section 7(c)(1) of this Act for each of fiscal years 2014 through 2017; (5) $15,000,000 shall be for carrying out section 8 of this Act for each of fiscal years 2014 through 2017; and (6) $40,000,000 shall be for carrying out sections 498D(c) and 938 of the Public Health Service Act, as added by subsections (b) and (c) of section 10 of this Act, for each of fiscal years 2014 through 2017. (b) Excess amounts If, for any fiscal year, amounts in the Emergency Medical Services Trust Fund exceed the maximum amount authorized to be appropriated under subsection (a), such excess amounts are authorized to be appropriated to carry out section 330J, section 498D, and parts A, B, C, D, and H of title XII of the Public Health Service Act (42 U.S.C. 254c–15, 289g–4, 300d et seq., 300d–11 et seq., 300d–31 et seq., and 300d–81 et seq.). (c) Start-Up funding (1) In general Out of the discretionary funds available to the Secretary of Health and Human Services for each of fiscal years 2014 and 2015, $40,000,000 shall be for carrying out the provisions listed in subsection (a) or (b). (2) Relation to other funds The amount of discretionary funds allocated under paragraph (1) for the purpose of carrying out the provisions listed in subsection (a) or (b) shall be in addition to, not in lieu of, the amount of discretionary funds that would otherwise be available for such purpose. (d) Administrative expenses Of the amounts made available under subsection (a), (b), or (c) to carry out each of the provisions listed in subsection (a), not more than 5 percent of each such amount may be used for Federal administrative expenses. | https://www.govinfo.gov/content/pkg/BILLS-113hr809ih/xml/BILLS-113hr809ih.xml |
113-hr-810 | I 113th CONGRESS 1st Session H. R. 810 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Hanabusa introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To grant the Secretary of Defense the authority to transfer funding under a continuing resolution, and for other purposes.
1. Findings Congress finds the following: (1) On September 14, 2010, Secretary of Defense Robert M. Gates outlined an efficiencies initiative relating to contracting for goods and services by the Department of Defense, designed to save the Department $100 billion over the next five years. (2) On January 26, 2012, Secretary of Defense Leon Panetta announced that the Department of Defense was on the path to save $259 billion over the next 5 years and $487 billion over the next 10. Secretary Panetta called the budget a balanced, complete package that keeps the American military the preeminent force in the world. (3) On February 13, 2012, Assistant Secretary of Defense Ashton Carter, along with the Joint Chiefs of Staff, testified to the House Armed Services Committee that, if limitations on the transfer of funds were lifted in the Continuing Appropriations Resolution ( Public Law 112–175 ), significant shortfalls in the Operations & Maintenance accounts of their respective services could be alleviated. 2. Report from Secretary of Defense to Congress (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the following: (1) A detailed outline of— (A) the efficiencies initiative announced by the Secretary on September 14, 2010, relating to contracting for goods and services by the Department of Defense; and (B) the budget initiate announced by the Secretary on January 26, 2012. (2) A detailed accounting of how the initiatives described in paragraph (1) are being used to conform with the discretionary spending limit for the security category in fiscal year 2013 in section 251(c)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. (3) A detailed accounting of how the initiatives described in paragraph (1) will be used to conform with the discretionary spending limit for the security category for each of fiscal years 2014 through 2021 in section 251(c)(2) of such Act. (b) Coordination For purposes of providing the information required under subsections (a)(2) and (a)(3), the Secretary shall coordinate with the heads of the other agencies covered by the security category. 3. Transfer authority for Department of Defense under a continuing resolution (a) In general The Secretary may transfer amounts made available to the Department of Defense by a continuing resolution among accounts of the Department of Defense (b) Limitation In the event of a transfer under subsection (a), the total amount in any account of the Department of Defense that is available for obligation in fiscal year 2013 may not exceed the amount authorized to be appropriated for the account for fiscal year 2013 by applicable provisions of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (c) Subsequent appropriations Act In the event that a regular appropriations Act for the Department of Defense is enacted for fiscal year 2013, the transfer authority provided under this section shall have no force or effect. (d) Notice to Congress Not later than 15 days before any transfer under subsection (a), the Secretary shall submit to the congressional defense committees a report setting forth a description of the transfer, including the amount of the transfer and the accounts from and to which the funds were transferred. (e) Transfer subject to notification requirements In addition to the notice required under subsection (d), a transfer under subsection (a) shall be subject to the applicable notification requirements for reprogramming in division A of Public Law 112–74. 4. Definitions In this Act— (1) the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code; (2) the term Secretary means the Secretary of Defense; and (3) the term security category has the meaning given that term in section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985. | https://www.govinfo.gov/content/pkg/BILLS-113hr810ih/xml/BILLS-113hr810ih.xml |
113-hr-811 | I 113th CONGRESS 1st Session H. R. 811 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. King of New York (for himself, Mrs. Carolyn B. Maloney of New York , and Mr. Nadler ) introduced the following bill; which was referred to the Committee on the Budget A BILL To add the 9/11 Health and Compensation Programs to the list of exempt programs under PAYGO.
1. Short title This Act may be cited as the Never Forget 9/11 Heroes Act . 2. Amendment to exempt programs (a) In general Section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) is amended by— (1) inserting after the item relating to Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service the following: September 11th Victim Compensation Fund (15–0340–0–1–754). ; and (2) inserting after the item relating to the Voluntary Separation Incentive Fund the following: World Trade Center Health Program Fund (75–0946–0–1–551). . (b) Fiscal year 2014 If the amendment made by subsection (a) takes effect after the date the President has issued the final sequester order for fiscal year 2014, the President shall revise the order to account for the amendment and issue a new order. | https://www.govinfo.gov/content/pkg/BILLS-113hr811ih/xml/BILLS-113hr811ih.xml |
113-hr-812 | I 113th CONGRESS 1st Session H. R. 812 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Moore , Mr. Meehan , Mr. Larsen of Washington , Ms. DeLauro , Ms. McCollum , Ms. Hahn , Mr. Connolly , Mr. Clay , Mr. Holt , Mr. Moran , Mr. Grijalva , Mr. Conyers , Ms. Bonamici , Ms. Wasserman Schultz , Mr. Levin , Mr. Loebsack , Mr. Keating , Ms. Schwartz , Mr. Michaud , Ms. Schakowsky , Ms. Eshoo , Mr. Sherman , Mr. Van Hollen , Ms. Norton , Mr. Cicilline , Mr. Cooper , Ms. Titus , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to improve education and prevention related to campus sexual violence, domestic violence, dating violence, and stalking.
1. Short title This Act may be cited as the Campus Sexual Violence Elimination Act . 2. Campus sexual violence, domestic violence, dating violence, and stalking education and prevention (a) In general Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) in paragraph (1)— (A) in subparagraph (C)(iii), by striking the period at the end and inserting , when the victim of such crime elects or is unable to make such a report. ; and (B) in subparagraph (F)— (i) in clause (i)(VIII), by striking and after the semicolon; (ii) in clause (ii)— (I) by striking sexual orientation and inserting national origin, sexual orientation, gender identity, ; and (II) by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies. ; (2) in paragraph (3), by inserting , that withholds the names of victims as confidential, after that is timely ; (3) in paragraph (6)(A)— (A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; (B) by inserting before clause (ii), as redesignated by subparagraph (A), the following: (i) The terms dating violence , domestic violence , and stalking have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). ; and (C) by inserting after clause (iv), as redesignated by subparagraph (A), the following: (v) The term sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. ; (4) in paragraph (7)— (A) by striking paragraph (1)(F) and inserting clauses (i) and (ii) of paragraph (1)(F) ; and (B) by inserting after Hate Crime Statistics Act. the following: For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). ; (5) by striking paragraph (8) and inserting the following: (8) (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— (i) such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and (ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report. (B) The policy described in subparagraph (A) shall address the following areas: (i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include— (I) primary prevention and awareness programs for all incoming students and new employees, which shall include— (aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; (bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction; (cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction; (dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; (ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and (ff) the information described in clauses (ii) through (vii); and (II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I) . (ii) Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking. (iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about— (I) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order; (II) to whom the alleged offense should be reported; (III) options regarding law enforcement and campus authorities, including notification of the victim's option to— (aa) notify proper law enforcement authorities, including on-campus and local police; (bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and (cc) decline to notify such authorities; and (IV) where applicable, the rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court. (iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that— (I) such proceedings shall— (aa) provide a prompt, fair, and impartial investigation and resolution; (bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; and (cc) use the preponderance of the evidence standard; (II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and (III) both the accuser and the accused shall be simultaneously informed, in writing, of— (aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; (bb) the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; (cc) any change to the results that occurs prior to the time that such results become final; and (dd) when such results become final. (v) Information about how the institution will protect the confidentiality of victims, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law. (vi) Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community. (vii) Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. (C) A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee's rights and options, as described in clauses (ii) through (vii) of subparagraph (B). ; (6) in paragraph (9), by striking The Secretary and inserting The Secretary, in consultation with the Attorney General of the United States, ; (7) by striking paragraph (16) and inserting the following: (16) (A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies. (B) The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements. ; and (8) by striking paragraph (17) and inserting the following: (17) No officer, employee, or agent of an institution participating in any program under this title shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection. . (b) Effective date The amendments made by this section shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(1) ) prepared by an institution of higher education 1 calendar year after the date of enactment of this Act, and each subsequent calendar year. | https://www.govinfo.gov/content/pkg/BILLS-113hr812ih/xml/BILLS-113hr812ih.xml |
113-hr-813 | I 113th CONGRESS 1st Session H. R. 813 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Miller of Florida (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for advance appropriations for certain discretionary accounts of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Putting Veterans Funding First Act of 2013 . 2. Advance appropriations for certain discretionary accounts of the Department of Veterans Affairs (a) In general Section 117 of title 38, United States Code, is amended— (1) by striking medical care accounts of the Department each place it appears and inserting discretionary accounts of the Department ; (2) in subsection (c)— (A) by striking medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account and inserting accounts of the Department of Veterans Affairs account ; (B) in paragraph (1), by inserting Veterans Health Administration, after (1) ; (C) in paragraph (2), by inserting Veterans Health Administration, after (2) ; (D) in paragraph (3), by inserting Veterans Health Administration, after (3) ; (E) by adding at the end the following new paragraphs: (4) Veterans Health Administration, Medical Research and Support. (5) National Cemetery Administration. (6) Veterans Benefits Administration, Native American Veteran Housing Loan Program Account. (7) Departmental Administration, General Administration, General Operating Expenses. (8) Departmental Administration, General Operating Expenses, Veterans Benefits Administration. (9) Departmental Administration, Information Technology Systems. (10) Departmental Administration, Office of the Inspector General. (11) Departmental Administration, Construction, Major Projects. (12) Departmental Administration, Construction, Minor Projects. (13) Departmental Administration, Grants for Construction of State Extended Care Facilities. (14) Departmental Administration, Grants for Construction of Veterans Cemeteries. ; and (F) in the subsection heading, by striking Medical care accounts and inserting Discretionary accounts ; and (3) in the section heading, by striking certain medical care accounts and inserting certain discretionary accounts . (b) Effective date The amendments made by subsection (a) shall apply with respect to fiscal year 2016 and each subsequent fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-113hr813ih/xml/BILLS-113hr813ih.xml |
113-hr-814 | I 113th CONGRESS 1st Session H. R. 814 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Ms. Moore (for herself, Ms. Brown of Florida , Mr. Conyers , Ms. DeLauro , Ms. Norton , Mr. Grijalva , Mr. Brady of Pennsylvania , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize and amend the program of block grants to States for temporary assistance for needy families and related programs.
1. Short title This Act may be cited as the Rewriting to Improve and Secure an Exit Out of Poverty Act or the RISE Out of Poverty Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. State plans required to address whether and how States will provide assistance to neediest geographic areas. Sec. 5. Funding of the TANF program. Sec. 6. Work requirements. Sec. 7. Work rules. Sec. 8. Prohibition on imposing limit of less than 60 months on duration of assistance. Sec. 9. Response of TANF program to economic recessions. Sec. 10. Requirement that States use merit-based system in administration of TANF programs. Sec. 11. Ban on using Federal TANF funds to replace State and local spending that does not meet the definition of qualified State expenditures. Sec. 12. TANF assistance to meet basic family economic needs. Sec. 13. State plans and reports on child poverty. Sec. 14. Requirement that States adopt standards and procedures to address domestic and sexual violence among TANF recipients. Sec. 15. Child care entitlement. Sec. 16. Child support enforcement. Sec. 17. State option to extend eligibility for assistance to children through age 21; prohibition on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; prohibition on imposing additional requirements based on educational enrollment of child. Sec. 18. Elimination of certain other bars to TANF assistance. Sec. 19. Effective date. 3. References Except as otherwise expressly provided in this Act, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Social Security Act. 4. State plans required to address whether and how States will provide assistance to neediest geographic areas Section 402(a)(1)(A)(i) ( 42 U.S.C. 602(a)(1)(A)(i) ) is amended by inserting , including whether and how the State will give priority to providing benefits and services in areas of the State with the greatest need (such as areas with the greatest unemployment rates, the greatest poverty rates, and the least job opportunity to population ratios) before the period. 5. Funding of the TANF program (a) State family assistance grant (1) In general Section 403(a)(1) ( 42 U.S.C. 603(a)(1) ) is amended— (A) in subparagraph (A), by striking fiscal years 1996, and all that follows through 2003, and inserting fiscal year 2013 and each succeeding fiscal year ; and (B) by striking subparagraphs (B) and (C) and inserting the following: (B) State family assistance grant (i) In general The State family assistance grant payable to a State for a fiscal year shall be the greater of— (I) the adjusted basic block grant, plus the amount required to be paid to the State under paragraph (3) (as in effect on September 30, 2010) for fiscal year 2010; or (II) the amount required to be paid to the State under this paragraph for the preceding fiscal year. (ii) Adjusted basic block grant In clause (i), the term adjusted block grant means, with respect to a State, the product of— (I) the amount required to be paid to the State under this paragraph for fiscal year 2010 (determined without regard to any reduction pursuant to section 409 or 412(a)(1)); (II) 1.00, plus the percentage (if any) by which the average of the CPI for the 12-month period ending with June of the preceding fiscal year exceeds the average of the CPI for the 12-month period ending with June 1996, expressed as a decimal; and (III) 1.00, plus the percentage (if any) by which the most recent estimate by the Bureau of the Census of the population of the State that has not attained 18 years of age exceeds the most recent estimate by the Bureau of the Census of that population as of July 1, 1996, expressed as a decimal. (iii) CPI defined In clause (ii), the term CPI means the last Consumer Price Index for All Urban Consumers published by the Department of Labor for the period involved. (C) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as are necessary for grants under this paragraph for each fiscal year. . (2) Conforming amendment to eliminate supplemental grants for population increases in certain States Section 403(a) ( 42 U.S.C. 603(a) ) is amended by striking paragraph (3). (b) Penalty for failure To maintain effort adjusted for inflation Section 409(a)(7) ( 42 U.S.C. 609(a)(7) ) is amended— (1) in subparagraph (A), by inserting the inflation-adjusted before historic State expenditures ; and (2) in subparagraph (B), by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively, and inserting after clause (ii) the following: (iii) Inflation-adjusted historic State expenditures The term inflation-adjusted historic State expenditures means, with respect to a fiscal year— (I) historic State expenditures; multiplied by (II) 1.00, plus (in the case of fiscal year 2014 or any succeeding fiscal year) the percentage (if any) by which the average of the CPI (as defined in section 403(a)(1)(B)(iii)) for the 12-month period ending with June of the preceding fiscal year exceeds the average of the CPI (as so defined) for the 12-month period ending with June 2012, expressed as a decimal. . (c) Modification of contingency fund (1) In general Section 403(b) ( 42 U.S.C. 603(b) ) is amended by striking all that follows paragraph (1) and inserting the following: (2) Grants (A) In general The Secretary shall make a grant to each eligible State and each Indian tribe that is an economically needy entity for a calendar quarter, in an amount equal to 80 percent of the amount (if any) by which the total amount of relevant expenditures of the entity for the quarter exceeds the total amount of the relevant expenditures of the entity for the corresponding quarter in the base year of the entity, subject to paragraph (2). (B) Limitation The total amount payable to an entity under this subsection for a fiscal year shall not exceed an amount equal to 25 percent of the amount payable to the entity— (i) if the entity is a State, under section 403(a)(1) for the fiscal year; or (ii) if the entity is an Indian tribe, under section 412(a)(1) for the fiscal year. (3) Definitions In paragraph (2): (A) Economically needy entity The term economically needy entity means an entity with respect to a calendar quarter— (i) if the seasonally adjusted average unemployment rate with respect to entity for the quarter or any of the preceding 4 calendar quarters exceeds 6.5 percent; or (ii) in the case that the unemployment rate information described in clause (i) is not available with respect to the entity, if the entity meets such qualifications as the Secretary, in consultation with the Secretary of Labor, shall, by regulation, prescribe. (B) Base year The term base year means, with respect to an entity, and a calendar quarter in a fiscal year— (i) except as provided in clause (ii), whichever of the 2 fiscal years most recently preceding the 1st fiscal year of the most recent contingency fund eligibility period for the entity, is the fiscal year in which the relevant expenditures of the entity were the lesser; or (ii) if the 1st year of the period referred to in clause (i) is fiscal year 2013, whichever of fiscal year 2007 or 2008 is the fiscal year in which the relevant expenditures of the entity were the lesser. (C) Contingency fund eligibility period The term contingency fund eligibility period means, with respect to an entity, a period of 1 or more consecutive calendar quarters for which the entity is an economically needy entity. (D) Relevant expenditures (i) In general The term relevant expenditures means expenditures— (I) for assistance under the program funded under this part of the entity (including, in the case of a State, any qualified State expenditures (as defined in section 409(a)(7)(B)(i)) and any expenditures under any other State program funded by such expenditures); (II) for child care; (III) for subsidized employment under the program funded under this part of the entity (including, in the case of a State, such expenditures under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i))), other than expenditures made using Federal funds or with respect to which the entity received a grant made under paragraph (3) of this subsection; and (IV) for administrative costs associated with making the expenditures referred to in the preceding subclauses of this clause. (ii) Child care expenditures For purposes of clause (i), expenditures for child care consist of the following: (I) Amounts transferred under section 404(d)(1)(B). (II) Expenditures for child care assistance from Federal funds provided under this part. (III) In the case of an entity that is a State, expenditures for child care assistance that are qualified State expenditures (as defined in section 409(a)(7)(B)(i)), but only to the extent exceeding the total expenditures of the State (other than from Federal funds) for child care in fiscal year 1994 or 1995 (whichever is the greater). (iii) Authority to collect and adjust data In determining the amount of the expenditures of a State for basic assistance, child care, and subsidized employment, during any period for which the State requests funds under this subsection, and during the base year of the State, the Secretary may make appropriate adjustments to the data, on a State-by-State basis, to ensure that the data are comparable with respect to the groups of families served and the types of aid provided. The Secretary may develop a mechanism for collecting expenditure data, including procedures which allow States to make reasonable estimates, and may set deadlines for making revisions to the data. (4) Use of grant Each State to which a grant is made under this subsection shall use the grant to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)). (5) Appropriation (A) In general Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated for payment to the Fund— (i) $2,500,000,000 for fiscal year 2013; and (ii) for each succeeding fiscal year, the amount appropriated under this paragraph for the then preceding fiscal year, increased by the percentage (if any) by which the amount appropriated under section 403(a)(1) for the fiscal year involved exceeds the amount appropriated under such section for the then preceding fiscal year. (B) Availability Amounts made available under this paragraph for a fiscal year shall remain available until expended. (6) Actions to be taken in anticipation of exhaustion of fund The Secretary shall monitor the amount in, and the rate at which amounts are paid from, the Fund, and if the Secretary determines that the Fund will be exhausted within 6 months, the Secretary shall— (A) notify the Congress of the determination; and (B) develop and communicate to each State and Indian tribe that is an economically needy entity as of the date of the determination, the procedure for allocating amounts in the Fund among such entities. . (2) Elimination of penalty for failure of state receiving amounts from contingency fund to maintain 100 percent of historic effort (A) In general Section 409(a) ( 42 U.S.C. 609(a) ) is amended by striking paragraph (10) and redesignating paragraphs (11) through (16) as paragraphs (10) through (15), respectively. (B) Conforming amendments Section 409 ( 42 U.S.C. 609 ) is amended in each of subsections (b)(2) and (c)(4), by striking (10), (12), or (13) and inserting (11), or (12) . (3) Conforming amendment Section 409(a)(3)(C) ( 42 U.S.C. 609(a)(3)(C) ) is amended by striking needy State (as defined in section 403(b)(6)) and inserting economically needy entity (as defined in section 403(b)(3)(A)) . (4) Amounts provided to territories from the Contingency Fund to be disregarded for purposes of limitation on payments to the territories Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(b), before 406, . (d) Matching grants for subsidized employment (1) In general Section 403(a) ( 42 U.S.C. 603(a) ), as amended by subsection (a)(2) of this section, is further amended by inserting after paragraph (2) the following: (3) Matching grants for subsidized employment (A) In general The Secretary shall make a grant— (i) to each eligible State that is 1 of the 50 States or the District of Columbia, for each fiscal year for which the State is an MOE State; and (ii) to each State that is not 1 of the 50 States or the District of Columbia, and to each Indian tribe, for each fiscal year for which the State or tribe, as the case may be, meets such terms and conditions as the Secretary shall, by regulation, establish, which shall be comparable to the terms and conditions under which grants are made under clause (i). (B) MOE State In subparagraph (A), the term MOE State means a State if the qualified expenditures of the State (as defined in section 409(a)(7)(B)(i)) for the fiscal year exceeds the applicable percentage (as defined in clause (ii) of such section) of inflation-adjusted historic State expenditures (as defined in clause (iii) of such section) of the State with respect to the fiscal year. (C) Amount of grant (i) States (I) In general The grant to be made to a State under subparagraph (A)(i) for a fiscal year shall be in an amount equal to 50 percent of the excess expenditures of the State for subsidized employment during the fiscal year. (II) Excess expenditures of the State for subsidized employment The term excess expenditures of the State for subsidized employment means, with respect to a fiscal year, the lesser of— (aa) the excess described in subparagraph (B) with respect to the State for the fiscal year; or (bb) an amount equal to the total expenditures of the State for subsidized employment funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)), excluding those with respect to which a grant is made to the State under subsection (b) of this section, during the fiscal year. (ii) Indian tribes The grant to be made to an Indian tribe under this paragraph shall be in such amount as the Secretary deems appropriate. (D) Use of grant Notwithstanding section 404, a State or Indian tribe to which a grant is made under this paragraph shall use the grant solely to finance subsidized employment activities, and to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)). (E) Appropriation Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as are necessary for grants under this paragraph for each fiscal year. . (2) Amounts provided to territories from the matching grant to be disregarded for purposes of limitation on payments to the territories Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(a)(3), after 403(a)(2), . (3) Data reports required with respect to families that include an individual participating in subsidized employment programs Section 411(a)(1)(A) (42 U.S.C. 611(a)(1)(A)) is amended, in the matter before clause (i), by inserting , and families that include an individual participating in subsidized employment funded with Federal funds or qualified State expenditures (as so defined) before the colon. (e) Tribal family assistance grants Section 412(a)(1) ( 42 U.S.C. 612(a)(1) ) is amended— (1) in subparagraph (A), by striking fiscal year 2012 and inserting each fiscal year ; and (2) in subparagraph (B)— (A) by redesignating clause (ii) as clause (iii); and (B) by striking clause (i) and inserting the following: (i) In general The amount determined under this subparagraph for a fiscal year is an amount equal to the sum of the adjusted historic expenditures for the fiscal year with respect to each State in which there lies a service area of the Indian tribe is located. (ii) Adjusted historic expenditures defined In clause (i), the term adjusted historic expenditures means, with respect to a fiscal year, a State, and an Indian tribe, the total amount of the Federal payments to the State under section 403 (as then in effect) for fiscal year 1994 attributable to expenditures (other than child care expenditures) by the State under parts A and F (as so in effect) for fiscal year 1994 for Indian families residing in the service areas identified by the tribe pursuant to subsection (b)(1)(C) of this section that are in the State, increased by the percentage (if any) by which the amount of the grant payable under section 403(a)(1) for the fiscal year to the State exceeds the amount of the grant so payable to the State for fiscal year 2010. . (f) Census bureau study Section 414 ( 42 U.S.C. 614 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general The Director of the Bureau of the Census shall conduct a study to assess the effects of policies and programs related to low-income families, including policies and programs under State programs funded under this part or funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), including changes and policies in such programs made pursuant to the Rewriting to Improve and Secure an Exit Out of Poverty Act. The Director shall design the study in consultation with the Secretary. Every 5 years, the Director shall, in consultation with the Secretary, revise the content and nature of the study to reflect emerging policy issues related to low-income families. ; and (2) in subsection (b), by striking fiscal year 2012 and inserting each fiscal year . (g) Funding of studies and evaluations Section 413(h)(1) ( 42 U.S.C. 613(h)(1) ) is amended by striking fiscal year 2012 and inserting each fiscal year . (h) Matching grants to certain territories Section 1108 ( 42 U.S.C. 1308 ) is amended— (1) in subsection (a)(2), by inserting section 403(a)(1) (to the extent exceeding the amount required to be so paid to the territory for fiscal year 2011), before 403(a)(2) ; and (2) in subsection (b)(2), by striking fiscal year 2012 and inserting each fiscal year . 6. Work requirements (a) Participation rate requirement Section 407 ( 42 U.S.C. 607 ) is amended by striking subsections (a) and (b) and inserting the following: (a) Participation rate requirement (1) In general A State to which a grant is made under section 403 for a fiscal year shall achieve a minimum participation rate of 50 percent with respect to all families residing in the State that include a work-eligible individual. (2) Work-eligible individual defined (A) In general In subsection (a), the term work-eligible individual , subject to subparagraphs (B) and (C), means— (i) an adult recipient of assistance under the State program funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)); (ii) a former recipient of such assistance who is— (I) a parent of a dependent child who is such a recipient; and (II) no longer eligible for assistance under the State program funded under this part by reason of section 408(a)(7); and (iii) a participant in a subsidized employment program funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)). (B) Exclusion of individuals sanctioned or undergoing pre-sanction review The term work-eligible individual does not include any individual with respect to whom— (i) there is in effect a penalty imposed by the State under subsection (e) of this section; or (ii) the State has initiated (but not completed) the pre-sanction review process pursuant to section 408(a)(14)(A). (C) State option to exclude certain individuals A State may exclude from the term work-eligible individual any resident of the State who is— (i) a single parent caring for a child who has not attained 1 year of age; (ii) a recipient of supplemental security income benefits under title XVI, disability insurance benefits under title II, or other Federal or State benefits based on disability; (iii) an applicant for supplemental security income benefits under title XVI; (iv) an individual who is needed in the home of the individual to care for a disabled member of the family of the individual; or (v) an individual who (but for the exercise of the State option under this clause) would be a work-eligible individual under a tribal family assistance plan approved under section 412 or under a tribal work program to which funds are provided under this part. (b) Calculation of participation rates (1) Average monthly rate For purposes of subsection (a), the participation rate of a State for a fiscal year is the average of the participation rates of the State for each month in the fiscal year. (2) Monthly participation rate For purposes of paragraph (1), the participation rate of a State for a month, expressed as a percentage, is— (A) the number of families residing in the State that include a work-eligible individual who is engaged in work for the month; divided by (B) the number of families residing in the State that include a work-eligible individual. . (b) Participation requirements Section 407(c) ( 42 U.S.C. 607(c) ) is amended to read as follows: (c) Engaged in work For purposes of subsection (b): (1) General rule An individual is engaged in work for a month in a fiscal year if the recipient is participating in work activities for an average of at least 20 hours per week during the month. (2) Individuals complying with a modified employability plan deemed to be engaged in work An individual is deemed to be engaged in work for a month if the State determines that the individual is in substantial compliance with the activities and hourly participation requirements of a modified employability plan developed for the individual in accordance with section 408(h). (3) Single teen head of household or married teen who maintains satisfactory school attendance deemed to be engaged in work An individual who is married or a head of household and has not attained 20 years of age is deemed to be engaged in work for a month if the recipient maintains satisfactory attendance at secondary school or the equivalent during the month. . (c) Elimination of 12-Month limit on counting vocational educational training as a work activity Section 407(d)(8) ( 42 U.S.C. 607(d)(8) ) is amended by striking (not to exceed 12 months with respect to any individual) . 7. Work rules (a) Option of recipient To have trained personnel assess certain barriers to employment; additional matters required To be assessed Section 408(b)(1) ( 42 U.S.C. 608(b)(1) ) is amended— (1) by inserting (which, at the option of the recipient, shall be conducted by trained personnel with respect to barriers to employment specified by the recipient) after assessment ; and (2) by striking and employability and inserting employability, physical and mental impairments, English proficiency, child care needs, and whether the recipient is a victim of domestic or sexual violence, . (b) Individual responsibility plans (1) Plans required; plans to include well-being plans for children Section 408(b)(2)(A) (42 U.S.C. 608(b)(2)(A)) is amended— (A) in the matter preceding clause (i), by striking may and inserting shall ; (B) in clause (iv)— (i) by inserting , supports, after counseling ; and (ii) by striking and at the end; (C) in clause (v), by striking the period and inserting ; and ; and (D) by adding at the end the following: (vi) describe a well-being plan for each child in the family. . (2) Deadline for completion of plan Section 408(b)(2)(B) ( 42 U.S.C. 608(b)(2)(B) ) is amended by striking individual— and all that follows and inserting individual within 90 days after the individual is determined eligible for the assistance. . (3) Sanction for failure of State to develop plan Section 409(a) (42 U.S.C. 609(a)), as amended by section 5(c)(2)(A) of this Act, is amended by adding at the end the following: (16) Penalty for failure of State to develop required individual responsibility plan (A) In general If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(b)(2) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant. (B) Penalty based on severity of failure The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance. . (4) Conforming amendment Section 408(b) ( 42 U.S.C. 608(b) ) is amended by striking paragraph (4). (c) Modified employability plans for certain individuals with disabilities Section 408 ( 42 U.S.C. 608 ) is amended by adding at the end the following: (h) Authority To develop modified employability plan for a recipient of assistance with, or caring for a family member with, a disability (1) In general A State may develop a modified employability plan for a recipient of assistance under the State program funded under this part— (A) who— (i) is a work-eligible individual (as defined in section 407(a)(2)); and (ii) has been determined by a qualified medical, mental health, addiction, or social services professional (as determined by the State) to have a disability; or (B) who is caring for a family member with a disability (as so determined). (2) Contents of plan The modified employability plan shall— (A) include a determination that, because of the disability of the recipient or the individual for whom the recipient is caring, reasonable modification of work activities, hourly participation requirements, or both, is needed in order for the recipient to participate in the activities; (B) describe the modified work activities in which the recipient is required to participate; (C) specify the number of hours per week for which the recipient is required to participate in the modified work activities, based on an evaluation by the State of the circumstances of the family; (D) describe the services, supports, and modifications that the State will provide to the recipient or the family of the recipient; (E) be developed in cooperation with the recipient; and (F) be reviewed not less often than every 6 months. (3) Definitions In this subsection: (A) Disability The term disability means a mental or physical impairment, including substance abuse or addiction, that— (i) constitutes or results in a substantial impediment to employment; or (ii) substantially limits 1 or more major life activities. (B) Modified work activities The term modified work activities means activities which the State has determined will help the recipient become employable. . (d) Sanctions (1) General sanction provisions (A) Prohibition on imposing lifetime or full family sanction (i) Prohibition Section 408(a) ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: (13) Prohibition on imposing lifetime or full family sanction A State to which a grant is made under section 403 shall not impose a lifetime prohibition on the provision of assistance to any individual or family under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) on the basis of the failure of a member of the family to comply with a program requirement. . (ii) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by section 5(c)(2)(A) of this Act and subsection (b)(3) of this section, is amended by adding at the end the following: (17) Penalty for imposing lifetime or full family sanction If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (B) Due process protections (i) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by subparagraph (A)(i) of this paragraph, is amended by adding at the end the following: (14) Sanction procedures (A) Pre-sanction review process Before imposing a sanction against an individual or family receiving assistance under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for failure to comply with program requirements, the State shall take the following steps: (i) Provide or send notice to the individual or family, and, if the recipient’s native language is not English, through a culturally competent written or verbal translation, of the following information: (I) The specific reason for the proposed sanction. (II) The amount of the proposed sanction. (III) The length of time during which the proposed sanction would be in effect. (IV) The steps required to come into compliance or to show good cause for noncompliance. (V) That the agency will provide assistance to help the individual demonstrate good cause for noncompliance, or come into compliance with program requirements. (VI) That the individual may appeal the determination to impose a sanction, and the steps that the individual must take to pursue such an appeal. (ii) (I) Ensure that, subject to clause (iii)— (aa) an individual, other than the individual who determined that a sanction be imposed, will review the determination and have the authority to take the actions described in subclause (II); and (bb) the individual or family against whom the sanction is to be imposed shall be afforded the opportunity to meet with the individual who is reviewing the determination to impose the sanction. (II) The action described in this subclause are the following: (aa) Modify the determination to impose a sanction. (bb) Determine that there was good cause for the failure to comply. (cc) Recommend modifications to the individual responsibility or employment plan of an individual. (dd) Make such other determinations and take such other actions as may be appropriate. (iii) The review required under clause (ii) shall include consideration of the following: (I) To the extent applicable, whether barriers to compliance exist, such as a physical or mental impairment (including mental illness, substance abuse, mental retardation, or a learning disability), domestic or sexual violence, limited proficiency in English, limited literacy, homelessness, or the need to care for a child with a disability or health condition, that contributed to the noncompliance. (II) Whether the noncompliance resulted from failure to receive or have access to services identified as necessary in an individual responsibility or employment plan. (III) Whether changes to the individual responsibility or employment plan of an individual should be made in order for the individual to come into compliance. (IV) Whether there is good cause for any noncompliance. (V) Whether the sanction policies of the State have been applied properly. (B) Sanction follow-up requirements If a State imposes a sanction on a family or individual for failing to comply with program requirements, the State shall— (i) provide or send notice to the individual or family, in language calculated to be understood by the individual or family, and, if the individual’s or family’s native language is not English, through a culturally competent translation, of the reason for the sanction and the steps the individual or family must take to end the sanction; (ii) resume full assistance, services, or benefits to the individual or family under the program (if the individual or family is otherwise eligible for the assistance, services, or benefits) once the individual who was not in compliance with program requirements that led to the sanction complies with the requirements for a reasonable period of time, as determined by the State and subject to State discretion to reduce the period; and (iii) if the State has not resumed providing the assistance, services, or benefits as of the end of the 120-day period that begins on the date that is 60 days after the date on which the sanction was imposed, provide notice to the individual or family, in language calculated to be understood by the individual or family, of the steps the individual or family must take to end the sanction, and of the availability of assistance to come into compliance or demonstrate good cause for noncompliance. (C) Notice to evicted persons The State shall make a reasonable effort to provide to an individual or family that has been evicted from a residence for failure to pay rent or as a result of another problem related to poverty, any notice required by this paragraph to be provided to the individual or family. . (ii) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by section 5(c)(2)(A) of this Act, subsection (b)(3) of this section, and subparagraph (A)(ii) of this paragraph, is amended by adding at the end the following: (18) Penalty for failure to follow sanction procedures (A) In general If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant. (B) Penalty based on severity of failure The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance. . (iii) State plan requirement to describe how states will notify applicants and recipients of their rights under the program and of potential benefits and services available under the program Section 402(a)(1)(B)(iii) (42 U.S.C. 602(a)(1)(B)(iii)) is amended by inserting , and will notify applicants and recipients of assistance under the program of the rights of individuals under all laws applicable to program activities and of all potential benefits and services available under the program before the period. (2) Modifications to work sanction (A) Elimination of full family sanction; State required to establish certain good cause exceptions Section 407(e)(1) ( 42 U.S.C. 607(e)(1) ) is amended— (i) by striking shall— and all that follows through subparagraph (B) and inserting shall reduce the amount of assistance otherwise payable to the family pro rata with respect to any period during a month in which the individual so refuses, ; and (ii) by striking may establish and inserting the following shall establish, which shall include the decline of an offer of employment at a wage less than the greater of the applicable Federal or State minimum wage, or 80 percent of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act been applicable to the offer of employment, at a site subject to a strike or lockout at the time of refusal, or for medical reasons or a lack of sufficient physical strength or stamina . (B) Prohibition on sanctioning individual for failure to engage in work if individual has a child under age 6 months or if failure results from inability to secure child care or after-school arrangements for a child under age 13 Section 407(e)(2) ( 42 U.S.C. 607(e)(2) ) is amended by striking refusal and all that follows and inserting failure of an individual to engage in work required in accordance with this section if— (A) the individual is a single custodial parent caring for a child who has not attained 6 months of age; or (B) the individual is the single custodial parent caring for a child who has not attained 13 years of age, and the failure resulted from the inability of the individual to secure child care or after-school arrangements for the child . (3) Modifications to child support sanction Section 408(a)(2) ( 42 U.S.C. 608(a)(2) ) is amended by striking State— and all that follows and inserting State shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to 25 percent of the amount of the assistance. . (e) Related state plan requirement Section 402(a) ( 42 U.S.C. 602(a) ) is amended by adding at the end the following: (8) Certification that employment assessments and sanction reviews will be conducted by competent personnel A certification by the chief executive officer of the State that the employment assessments conducted pursuant to section 408(b)(1) and the sanction reviews conducted pursuant to section 408(a)(14)(A) will be conducted by personnel who have sufficient education, training, and professional competence to do so, which shall include information on the education, training, and professional competence that State will require of the personnel. . 8. Prohibition on imposing limit of less than 60 months on duration of assistance (a) Prohibition (1) In general Section 408(a)(7) (42 U.S.C. 608(a)(7)) is amended— (A) in the paragraph heading, by striking No assistance for more than 5 years and inserting Durational limits on assistance ; (B) in the heading for subparagraph (A), by striking In general and inserting No assistance for more than 5 years ; and (C) by adding at the end the following: (H) Prohibition on limiting duration of assistance to less than 60 months A State to which a grant is made under section 403 shall not impose a limit of less than 60 months on the duration for which a family may be provided assistance from Federal or State funds under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). . (2) Conforming amendment The heading of section 409(a)(9) ( 42 U.S.C. 609(a)(9) ) is amended by striking 5-year limit and inserting rules governing durational limits . (b) Requirement To conduct outreach To inform potentially eligible families of elimination of durational limit on assistance of less than 60 months (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by section 7(d)(1) of this Act, is amended by adding at the end the following: (15) Requirement to conduct outreach to inform potentially eligible recipients of assistance of elimination of durational limit on assistance of less than 60 months A State to which a grant is made under section 403 for a fiscal year that, before the effective date of this paragraph, denied assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) to an individual or family on the basis of a durational limit on the assistance that was imposed other than under section 408(a)(7) shall conduct outreach to inform individuals and families who were so denied that they may be eligible for additional months of the assistance. . (2) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by sections 5(c)(2)(A) and 7(d)(1) of this Act, is amended by adding at the end the following: (19) Failure to conduct outreach to inform potentially eligible recipients of assistance of elimination of durational limit on assistance of less than 60 months If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(15) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (c) State plan required To include description of how potentially eligible recipients will be informed of elimination of durational limit on assistance of less than 60 months Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ) is amended by adding at the end the following: (vi) In the case of a State that, before the date this clause takes effect, denied assistance under the program to an individual or family on the basis of a durational limit on the assistance that was imposed other than under section 408(a)(7), the document shall describe how the State intends to inform the individuals and families who were so denied that they may be eligible for additional months of the assistance. . 9. Response of TANF program to economic recessions (a) Inapplicability of durational limit on assistance Section 408(a)(7) ( 42 U.S.C. 608(a)(7) ), as amended by section 8(a)(1)(C) of this Act, is amended by adding at the end the following: (I) Inapplicability of durational limit during recession Subparagraph (A) shall not apply in a State during any month which is in a high unemployment period with respect to the State. (J) Disregard of assistance provided during recession In determining the number of months for which an adult has received assistance under a State or tribal program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the State or tribe shall disregard any month which is in a high unemployment period with respect to the State. (K) 6-month grace period required after recession Subparagraph (A) shall not apply to a recipient of assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) during the 6-month period that begins with the month immediately following a high unemployment period with respect to the State if the recipient received the assistance for the last month of the period. . (b) Requirement To conduct outreach To inform potentially eligible families of suspension of durational limit on assistance (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1) and 8(b)(1) of this Act, is amended by adding at the end the following: (16) Requirement to conduct outreach to inform potentially eligible recipients of assistance of suspension of durational limit on assistance In each month which is a high unemployment period with respect to a State to which a grant is made under section 403 for a fiscal year, the State shall conduct outreach to inform individuals and families who are potentially eligible for assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) of the suspension of any durational limit on assistance under the program. . (2) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by sections 5(c)(2)(A), 7(d)(1), and 8(b)(2) of this Act, is amended by adding at the end the following: (20) Failure to conduct outreach to inform potentially eligible recipients of assistance of suspension of durational limit on assistance If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(16) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (c) State plan required To include description of how potentially eligible recipients will be informed of suspension of time limits during recession Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ), as amended by section 8(c) of this Act, is amended by adding at the end the following: (vii) The document shall describe how the State intends to inform potentially eligible recipients of assistance under the program of the suspension of durational limits on the assistance during a high unemployment period with respect to the State. . (d) High unemployment period defined Section 419 ( 42 U.S.C. 619 ) is amended by adding at the end the following: (6) High unemployment period defined The term high unemployment period means, with respect to a State, a period of 1 or more consecutive months if the average rate of total unemployment in the State (seasonally adjusted) for the period consisting of the then most recent 3 months for which data for all States are published equals or exceeds 6.5 percent. . 10. Requirement that States use merit-based system in administration of TANF programs (a) Program requirement Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1), 8(b)(1), and 9(b)(1) of this Act, is amended by adding at the end the following: (17) Requirement to use merit-based system in administering program A State to which a grant is made under section 403 shall establish and maintain personnel standards through a merit-based system, in administering the State program funded under this part and any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)). . (b) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), and 9(b)(2) of this Act, is amended by adding at the end the following: (21) Penalty for failure to use merit-based system in administering program If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(17) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 11. Ban on using Federal TANF funds to replace State and local spending that does not meet the definition of qualified State expenditures (a) Prohibition Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1), 8(b)(1), 9(b)(1), and 10(a) of this Act, is amended by adding at the end the following: (18) Ban on using federal TANF funds to replace state or local spending that is not a qualified state expenditure A State to which a grant is made under section 403, and a sub-State entity that receives funds from such a grant, shall not expend any part of the grant funds to supplant State or local spending for benefits or services which are not qualified State expenditures (within the meaning of section 409(a)(7)(B)(i)). . (b) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), and 10(b) of this Act, is amended by adding at the end the following: (22) Use of federal TANF funds to replace state or local spending that is not a qualified state expenditure If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(18) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 12. TANF assistance to meet basic family economic needs (a) State plan requirement Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ), as amended by sections 8(c) and 9(d) of this Act, is amended by adding at the end the following: (viii) Family budget provisions The document shall set forth a family budget of a dollar amount sufficient to meet the basic economic needs (including food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses) of a family, how the family budget is adjusted for family size, the method used to estimate the family budget (including a statement of the relationship between shelter and utility costs and the fair market rents in localities in the State), and the relationship between the amount of assistance provided to each family under the program and the amount of the family budget for the family. . (b) Program requirement Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 7(d)(1), 8(b)(1), 9(b)(1), 10(a), and 11(a) of this Act, is amended by adding at the end the following: (19) Requirement that amount of assistance meet basic economic needs A State to which a grant is made under section 403 shall ensure that the total amount of assistance provided to a family under the State program funded under this part and all programs funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for which the family is eligible is sufficient to meet the basic economic needs of the family, taking into account all earned and unearned income of the family and an amount not to exceed the value of the supplemental nutrition assistance benefits provided to the family under the Food and Nutrition Act of 2008. . (c) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), 10(b), and 11(b) of this Act, is amended by adding at the end the following: (23) Penalty for failure of State tanf assistance to meet basic economic needs of a recipient family If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(19) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 13. State plans and reports on child poverty (a) Child poverty reduction as a purpose of the TANF program Section 401(a)(1) ( 42 U.S.C. 601(a)(1) ) is amended by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively, and by inserting before paragraph (2) (as so redesignated) the following: (1) reduce poverty among children; . (b) State plan provisions (1) Matters required to be addressed Section 402(a)(1)(A) ( 42 U.S.C. 602(a)(1)(A) ) is amended by adding at the end the following: (ix) Goals and methods for reducing child poverty Reduce child poverty using Federal funds provided under this part and State funds, including establishing numerical goals for reducing child poverty. (x) Goals and tracking of work outcomes Track work-related outcomes for recipients of assistance under the program, such as employment entries, wages, and job retention, including establishing numerical goals for work-related outcomes for recipients. (xi) Provide preventative services to families at-risk of abuse or neglect Provide benefits and services to families at-risk of having their children removed from the home because of abuse and neglect, using Federal funds provided under this part and State funds. (xii) How noncustodial parents will be served Serve noncustodial parents, using Federal funds provided under this part and State funds. . (2) Public availability Section 402(c) ( 42 U.S.C. 602(c) ) is amended to read as follows: (c) Public availability (1) In general The State shall make available to the public, including by posting on a public website of the State or another appropriate website— (A) each draft of any plan or plan amendment to be submitted by the State under this section, for at least 45 days before the submission; and (B) any such plan or amendment certified by the Secretary to be complete. (2) Procedures The State shall establish procedures to receive and respond to comments from the public, private sector organizations, and local governments on any draft referred to in paragraph (1). . (c) Annual performance report Section 411 ( 42 U.S.C. 611 ) is amended by adding at the end the following: (e) Annual performance report by States Not later than December 31 of each year, each eligible State shall submit to the Secretary (in accordance with such form and content rules as the Secretary, in consultation with the National Governor’s Association, National Association of State Legislatures, and the American Public Human Services Association, develops) a report on the following aspects of the State program funded under this part in the preceding fiscal year: (1) Whether the State met the child poverty reduction goals set forth in the State plan. This part of the report shall include a discussion of the factors, including benefits, services, and activities funded with Federal funds provided under this part or State funds, which contributed to the meeting of, or the failure to meet, the goals. (2) Whether the work programs of the State were effective in meeting the objectives and numerical goals of the State plan. This part of the report shall include a discussion of data derived from the tracking of recipients, including— (A) the number of families that left the State program funded under this part; (B) the employment rate for those who left the program in each calendar quarter; (C) the wage rates of those who left the program, including the percentage of leavers who, in each calendar quarter, earned an amount equal to at least 50 percent of the average wage then paid in the State; and (D) the employment outcomes of those who left the program because of a durational limit on assistance, reported at 6 months, 12 months, 24 months, and 36 months after leaving the program. The Secretary shall provide States with technical assistance in preparing this part of the report, including by providing States with data from the National Directory of New Hires. (3) Whether the State has been effective in providing benefits and services under the program to persons with disabilities. This part of the report shall include a report on recipients of assistance under the State program funded under this part who participated in work activities (as defined in section 407(d)) pursuant to a modified employability plan due to disability, including the following: (A) The aggregate number of recipients with modified employability plans due to a disability. (B) The percentage of all recipients with modified employability plans who substantially complied with activities set forth in the plans each month of the fiscal year. (C) Information regarding the most prevalent types of physical and mental impairments that provided the basis for the disability determinations. (D) The percentage of cases with a modified employability plan in which the recipient had a disability, was caring for a child with a disability, or was caring for another family member with a disability. (E) A description of the most prevalent types of modification in work activities or hours of participation that were included in the modified employability plans. (F) A description of the qualifications of the staff who determined whether individuals had a disability, of the staff who determined that individuals needed modifications to their work requirements, and of the staff who developed the modified employability plans. (4) The effectiveness of the benefits and services provided under the State program in reducing the number of children removed from their homes because of abuse and neglect. This part of the report shall include an analysis which includes the following: (A) The number of families provided the benefits or services that were at risk of having their children removed from the home. (B) The number of families served by the program that had 1 or more children removed from the home because of abuse or neglect. (5) An analysis of the extent to which the benefits and services under the State program were provided to noncustodial parents. (6) How funds provided to the State under this part, with a separate accounting for funds provided under section 403(a)(3) and funds provided under section 403(b), were used to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)(i)). This part of the report shall include supporting data. . (d) Annual report to Congress on the efforts of State programs To promote and support employment for individuals with disabilities Section 411 ( 42 U.S.C. 611 ), as amended by subsection (c) of this section, is amended by adding at the end the following: (f) Report by Secretary Not later than July 31 of each fiscal year, the Secretary shall submit to the Congress a report, entitled Efforts in State TANF Programs to Promote and Support Employment for Individuals with Disabilities , that includes information on State efforts to engage individuals with disabilities in work activities during the preceding fiscal year. The report shall include the following information: (1) For each State, the number of individuals for whom the State has developed a modified employability plan. (2) The types of physical and mental impairments that provided the basis for the disability determination, and whether the individual with the disability was an adult recipient or minor child head of household, a child, or a non-recipient family member. (3) The types of modifications that States have included in modified employability plans. (4) The extent to which individuals with a modified employability plan are participating in work activities. (5) For each State, an analysis of the extent to which the option to establish modified employability plans was a factor in the State achieving or not achieving the minimum participation rate required by section 407(a). . (e) Report to Congress on legislative options To reward States with high employment rates and high rates of employment at good wages Within 4 years after the effective date of this section, the Secretary of Health and Human Services shall submit to the Congress a report that sets forth options for the enactment of legislation to provide financial or other rewards to States that have high rates of employment and high rates of employment at good wages. 14. Requirement that States adopt standards and procedures to address domestic and sexual violence among TANF recipients (a) In general Section 402(a)(7) (42 U.S.C. 602(a)(7)) is amended— (1) by striking the paragraph heading and inserting Certification of standards and procedures regarding domestic and sexual violence ; (2) by striking subparagraph (A) and inserting the following: (A) In general A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure the right and entitlement of victims of domestic or sexual violence (notwithstanding section 401(b)) seeking or receiving assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i))— (i) to be screened and identified while maintaining the confidentiality of the victims; (ii) to be referred to counseling and supportive services; (iii) to be granted a waiver, pursuant to a determination of good cause, of program requirements such as time limits (for so long as necessary), residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with the requirements would make it more difficult for the victims to escape domestic or sexual violence or unfairly penalize the victims or other individuals who are at risk of further domestic or sexual violence; (iv) to apply to participate in the program on the same day the victim appears in person in a program office during office hours; (v) to have an application that contains the name, address, and signature of the victim considered to be filed on the date the application is submitted; (vi) to receive at the time of application a clear, written statement explaining what the victim must do to cooperate in obtaining verification and otherwise completing the application process; and (vii) if the victim has completed the application process, to have the eligibility of the victim for assistance determined promptly, and to be provided assistance retroactive to the application date if determined eligible within 30 days after the application date. ; and (3) in subparagraph (B)— (A) in the subparagraph heading, by inserting or sexual after Domestic ; and (B) in the text, by inserting or sexual after domestic . (b) Report to the Congress on best practices of States Section 413 ( 42 U.S.C. 613 ) is amended by adding at the end the following: (k) Report to Congress on best practices of States in addressing domestic and sexual violence suffered by TANF recipients Every 4 years, the Secretary shall prepare and submit to the Congress a report which examines the practices of States in implementing section 402(a)(7), and identifies the best practices used to do so. . (c) Effective date The amendments made by this section shall take effect on October 1, 2013. 15. Child care entitlement (a) Replacement of requirement that portion of funds be used for certain populations with child care guarantee Section 418(b)(2) ( 42 U.S.C. 618(b)(2) ) is amended to read as follows: (2) Child care to be guaranteed for certain populations As a condition of receiving funds under this section, a State shall guarantee the provision of child care services to— (A) each recipient of assistance under the State program funded under this part or under a State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) of this Act, and to each work-eligible individual (as defined in section 407(a)(2) of this Act), for any period in which the recipient or individual is— (i) participating in a work activity (as defined in section 407(d) of this Act); (ii) employed, and in a family the total income of which does not exceed 250 percent of the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved); or (iii) engaged in employment subsidized by the State; or (B) each individual who is a former recipient of assistance under such a program or a former work-eligible individual, for any portion of the 24-month period, beginning with the date the individual left the program involved, in which the individual is employed and in a family that meets the income requirement of subparagraph (A)(ii). . (b) Elimination of State caps Section 418(a) ( 42 U.S.C. 618(a) ) is amended— (1) in paragraph (2)— (A) by striking subparagraphs (B) and (D) and redesignating subparagraph (C) as subparagraph (B); and (B) in subparagraph (B) (as so redesignated), by striking the lesser of the State's allotment under subparagraph (B) or ; and (2) in paragraph (5), by striking (2)(C) and inserting (2)(B) . (c) Open-Ended entitlement Section 418(a) ( 42 U.S.C. 618(a) ) is amended— (1) in paragraph (1), by striking Subject to the amount appropriated under paragraph (3), each and inserting Each ; and (2) in paragraph (3), by striking appropriated— and all that follows and inserting appropriated such sums as are necessary to carry out this section for each fiscal year. . (d) Use of funds in accordance with child care and development block grant act of 1990 except as required by child care guarantee Section 418(c) (42 U.S.C. 618(c)) is amended by inserting except to the extent that such a requirement or limitation would interfere with the provision of child care services required by subsection (b)(2) before the period. 16. Child support enforcement (a) Elimination of ban on providing assistance to families not assigning certain support rights to the State (1) In general Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (3). (2) Conforming amendments The following provisions are each amended by inserting after section 408(a)(3) the following: (as in effect before the effective date of the amendments made by section 10(a) of the Rewriting to Improve and Secure an Exit Out of Poverty Act took effect) : (A) Section 452(a)(10)(C) ( 42 U.S.C. 652(a)(10)(C) ). (B) Section 452(h) (42 U.S.C. 652(h)). (C) Section 454(5)(A) ( 42 U.S.C. 654(5)(A) ). (D) Section 456(a)(1) ( 42 U.S.C. 656(a)(1) ). (E) Section 457(a)(2)(B)(i) ( 42 U.S.C. 657(a)(2)(B)(i) ). (F) Section 457(a)(3)(A) ( 42 U.S.C. 657(a)(3)(A) ). (G) Section 457(a)(3)(B) ( 42 U.S.C. 657(a)(3)(B) ). (H) Section 464(a)(1) ( 42 U.S.C. 664(a)(1) ). (I) Section 466(a)(3)(B) ( 42 U.S.C. 666(a)(3)(B) ). (b) Requirement that all child support collected on behalf of a child in a family receiving TANF be distributed to the family (1) In general Section 457 ( 42 U.S.C. 657 ) is amended— (A) in subsection (c)(1), by striking means— and all that follows through (B) foster and inserting means foster ; and (B) by adding at the end the following: (f) Notwithstanding the preceding provisions of this section, all amounts collected by a State as child support on behalf of a child in a family that is receiving assistance under the State program funded under part A or under the State plan approved under part A of this title (as in effect on the day before the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) shall be distributed to the family. . (2) Conforming amendments Section 458(b)(5)(C)(i)(I) (42 U.S.C. 658(b)(5)(C)(i)(I)) is amended— (A) by inserting is collected on behalf of a child described in section 457(f) or after involved ; and (B) by striking A or . 17. State option to extend eligibility for assistance to children through age 21; prohibition on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; prohibition on imposing additional requirements based on educational enrollment of child (a) State option To extend TANF to children under age 22 Section 419(2) ( 42 U.S.C. 619(2) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following: (C) at the option of the State, has not attained 22 years of age. . (b) Ban on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; ban on imposing additional requirements based on educational enrollment of child (1) Prohibitions Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(1), 9(b)(1), 10(a), 11(a), and 12(b) of this Act, is amended by adding at the end the following: (20) Ban on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; ban on imposing additional requirements based on educational enrollment of child A State to which a grant is made under section 403 for a fiscal year shall not— (A) consider financial aid tied to the training, school attendance, or postsecondary school attendance of a minor child in determining that the eligibility of the family of the child for, or the amount of assistance to be provided to the family, under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)); or (B) impose additional requirements on a family solely because the family includes a minor child who is enrolled in a training program, school, or post-secondary educational institution. . (2) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 5(c)(2)(A), 7(d)(1), 8(b)(2), 9(b)(2), 10(b), 11(b), and 12(c) of this Act, is amended by adding at the end the following: (24) Considering educational enrollment of child or of financial aid tied to education of child If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(20) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 18. Elimination of certain other bars to TANF assistance (a) Bar on assistance for persons convicted of drug felonies Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ) is amended— (1) in the section heading by striking assistance and and inserting supplemental nutrition assistance ; (2) in subsection (a), by striking for— and all that follows through (2) benefits and inserting for benefits ; (3) in subsection (b), by striking all through The amount of benefits and inserting the following: (b) Effects on benefits for others The amount of benefits ; (4) in subsection (c), by striking assistance or ; and (5) in subsection (e), by striking it— and all that follows through in section 3(s) and inserting it in section 3(s) . (b) Bar on assistance for unwed teen parents not in school Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (4). (c) Bar on assistance for teens not in an adult-Supervised living arrangement Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (5). (d) Redesignation of provisions (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by the preceding provisions of this Act, is amended by redesignating paragraphs (6) through (20) as paragraphs (3) through (17), respectively. (2) Conforming amendments (A) Section 402(a)(7)(B) ( 42 U.S.C. 602(a)(7)(B) ) is amended by striking 408(a)(7)(C)(iii) and inserting 408(a)(4)(C)(iii) . (B) Section 403(a)(5)(C)(ii)(II) ( 42 U.S.C. 603(a)(5)(C)(ii)(II) ) is amended by striking 408(a)(7)(C) and inserting 408(a)(4)(C) . (C) Section 403(a)(5)(C)(v) ( 42 U.S.C. 603(a)(5)(C)(v) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (D) Section 409(a)(7)(B)(i)(IV) ( 42 U.S.C. 609(a)(7)(B)(i)(IV) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (E) Section 409(a)(9) ( 42 U.S.C. 609(a)(9) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (F) Section 409(a)(17), as added by section 7(d)(1)(A)(ii) of this Act, is amended by striking 408(a)(13) and inserting 408(a)(10) . (G) Section 409(a)(18), as added by section 7(d)(1)(B)(ii) of this Act, is amended by striking 408(a)(14) and inserting 408(a)(11) . (H) Section 409(a)(19), as added by section 8(b)(2) of this Act, is amended by striking 408(a)(15) and inserting 408(a)(12) . (I) Section 409(a)(20), as added by section 9(b)(2) of this Act, is amended by striking 408(a)(16) and inserting 408(a)(13) . (J) Section 409(a)(21), as added by section 10(b) of this Act, is amended by striking 408(a)(17) and inserting 408(a)(14) . (K) Section 409(a)(22), as added by section 11(b) of this Act, is amended by striking 408(a)(18) and inserting 408(a)(15) . (L) Section 409(a)(23), as added by section 12(c) of this Act, is amended by striking 408(a)(19) and inserting 408(a)(16) . (M) Section 409(a)(24), as added by section 17(b)(2) of this Act, is amended by striking 408(a)(20) and inserting 408(a)(17) . (N) Section 411(a)(1)(A)(xvi) ( 42 U.S.C. 611(a)(1)(A)(xvi) ) is amended by striking 408(a)(7) and inserting 408(a)(7)(A) . 19. Effective date (a) In general Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on October 1, 2013, and shall apply to payments under title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Delay permitted if state legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part A or E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. | https://www.govinfo.gov/content/pkg/BILLS-113hr814ih/xml/BILLS-113hr814ih.xml |
113-hr-815 | I 113th CONGRESS 1st Session H. R. 815 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Owens introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make certain dividends and distributions paid to individuals from certain small businesses exempt from tax to the extent of the increased wages of the small business.
1. Exemption for certain distributions of small businesses to extent of increased wages (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139F. Increased-wage distributions of small businesses (a) Application to corporations (1) In general In the case of a distribution to an individual from a corporation which is a small business concern, gross income shall not include any increased-wage exempt-dividend. (2) Increased-wage exempt-dividend For purposes of this subsection— (A) In general The term increased-wage exempt-dividend means any dividend properly designated as an increased-wage exempt-dividend under subparagraph (B). (B) Designation A corporation which is a small business concern may designate any dividend paid by such corporation as an increased-wage exempt-dividend to the extent that the aggregate amount of the dividends so designated for any taxable year does not exceed the wage increase amount for such taxable year. (b) Application to partnerships (1) In general In the case of a distribution to an individual from a partnership which is a small business concern— (A) no gain shall be recognized on any increased-wage partnership distribution, and (B) in the case of an increased-wage partnership distribution with respect to which no gain is recognized under section 731(a)(2), no reduction shall be made to the adjusted basis to the partner of his interest in the partnership under section 733(1). (2) Increased-wage partnership distribution For purposes of this subsection— (A) In general The term increased-wage partnership distribution means any cash distribution from the partnership to a partner which is properly designated as an increased-wage partnership distribution under subparagraph (B). (B) Designation A partnership which is a small business concern may designate any cash distribution as an increased-wage partnership distribution to the extent that the aggregate amount of the distributions so designated for any taxable year does not exceed the wage increase amount for such taxable year. (c) Wage increase amount For purposes of this section— (1) In general The term wage increase amount means, with respect to any corporation or partnership for any taxable year, the sum of— (A) the excess (if any) of— (i) the aggregate qualified wages paid or incurred by the corporation or partnership for such taxable year, over (ii) the aggregate qualified wages paid or incurred by the corporation or partnership for the preceding taxable year, plus (B) any increased-wage exempt-dividends or increased-wage partnership distributions received by such corporation or partnership during such taxable year. (2) Qualified wages The term qualified wages has the meaning which would be given such term by section 3121(a) if paragraph (1) thereof were applied by treating the contribution and benefit base as being equal to $50,000. (3) Aggregation rule All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of this subsection. (4) Treatment of predecessors Any reference in this subsection to a corporation or partnership shall include a reference to any predecessor of such corporation or partnership. (d) Small business concern For purposes of this section, the term small business concern has the meaning given such term by section 3 of the Small Business Act. . (b) Conforming amendments (1) Section 1(h)(11)(B)(ii) of such Code is amended by striking and at the end of subclause (II), by striking the period at the end of subclause (III) and inserting , and , and by adding at the end the following new subclause: (IV) any increased-wage exempt-dividend (as defined in section 139F). . (2) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: Sec. 139F. Increased-wage distributions. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr815ih/xml/BILLS-113hr815ih.xml |
113-hr-816 | I 113th CONGRESS 1st Session H. R. 816 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Ribble (for himself, Mr. Mulvaney , Mr. Rice of South Carolina , Mr. Petri , and Mr. McKinley ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to allow intraagency transfers of funds to provide more flexibility for the agency to comply with a presidential sequestration order for fiscal year 2013 or 2014.
1. Short title This Act may be cited as the Sequestration Flexibility Act of 2013 . 2. Transfer authority Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) is amended by adding at the end the following new paragraph: (12) Transfer authority for fiscal year 2013 and 2014 appropriations The head of any department or agency of the Government may transfer amounts within that department or agency for fiscal year 2013 or for fiscal year 2014 in order to lessen the effect of a presidential sequestration order for that fiscal year on any program, project, or activity within that department or agency, but no such transfer may cause any account to be at a higher level than it was before such sequestration. . 3. Congressional notice Not later than 15 days after any transfer under section 1, the head of any department or agency making any such transfer shall submit to the committees of the House of Representatives and the Senate with subject matter jurisdiction over such department or agency a report setting forth a description of the transfer, including the amount of the transfer and the accounts from and to which the funds were transferred. | https://www.govinfo.gov/content/pkg/BILLS-113hr816ih/xml/BILLS-113hr816ih.xml |
113-hr-817 | I 113th CONGRESS 1st Session H. R. 817 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Smith of Washington (for himself and Mr. Reichert ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To further the mission of the Global Justice Information Sharing Initiative Advisory Committee by continuing its development of policy recommendations and technical solutions on information sharing and interoperability, and enhancing its pursuit of benefits and cost savings for local, State, tribal, and Federal justice agencies.
1. Short title This Act may be cited as the Department of Justice Global Advisory Committee Authorization Act of 2013 . 2. Global Justice Information Sharing Initiative Advisory Committee (a) Definition In this Act, the term Committee means the Global Justice Information Sharing Initiative (Global) Advisory Committee established by the Attorney General. (b) Authorization Notwithstanding section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), the Committee shall not terminate unless terminated by an Act of Congress. The Attorney General is authorized to provide technical and financial assistance and support services to the Committee to carry out the activities of the Committee, including the activities described in subsection (c). (c) Activities In addition to any activities assigned to the Committee by the Attorney General, the Committee shall— (1) gather views from agencies of local, State, and tribal governments and the Federal Government and other entities that work to support public safety and justice; (2) recommend to the Attorney General measures to improve the administration of justice and protect the public by promoting practices and technologies for database interoperability and the secure sharing of justice and public safety information between local, State, and tribal governments and the Federal Government; and (3) submit to Congress an annual report regarding issues considered by the Committee and recommendations made to the Attorney General by the Committee. (d) Sense of Congress It is the sense of Congress that local, State, and tribal governments and other relevant entities should use the recommendations developed and disseminated by the Committee in accordance with this Act to evaluate, improve, and develop effective strategies and technologies to improve public safety and information sharing. (e) Information from DOJ funding applicants (1) In general Beginning on the date that is one year from the date of enactment of this Act, the Attorney General shall require that any applicant for a funding solicitation from the Department of Justice for the implementation of an information sharing solution shall include within the application for such funding— (A) how the information sharing solution would comply with applicable standards endorsed by the Committee; or (B) in the case that such information sharing solution would not comply with such standards, the reason for such non-compliance. (2) Information not to affect award decisions Information provided by an applicant pursuant to paragraph (1) shall not affect any decision for making an award to such applicant for the implementation of an information sharing solution unless the agency making such award specifically requires use of applicable endorsed standards or specifications as a condition for accepting such award. (3) Regulations The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this subsection. 3. Report of the Attorney General on information sharing between corrections agencies, law enforcement agencies, and the interstate commission for adult offender supervision (a) Review The Attorney General, based on input from local, State, and tribal governments through the Committee and other components of the Department of Justice, shall review the state of information sharing between corrections and law enforcement agencies of local, State, and tribal governments and of the Federal Government. (b) Contents The review by the Attorney General under subsection (a) shall— (1) identify policy and technical barriers to effective information sharing; (2) identify best practices for effective information sharing; and (3) assess ways for information sharing to improve the awareness and safety of law enforcement and corrections officials, including information sharing by the Interstate Commission for Adult Offenders Supervision. (c) Report Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report regarding the review under this section, including a discussion of the recommendations of the Committee and the efforts of the Department of Justice to address the recommendations. | https://www.govinfo.gov/content/pkg/BILLS-113hr817ih/xml/BILLS-113hr817ih.xml |
113-hr-818 | I 113th CONGRESS 1st Session H. R. 818 IN THE HOUSE OF REPRESENTATIVES February 25, 2013 Mr. Tipton (for himself, Mr. Bishop of Utah , Mr. Gardner , Mr. Lamborn , Mr. Coffman , Mr. McClintock , Mr. Gosar , Mr. Amodei , Mr. Young of Alaska , Mr. Labrador , Mrs. Lummis , Mr. Pearce , and Mr. Daines ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To address the bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires on National Forest System land and land under the jurisdiction of the Bureau of Land Management in the United States by expanding authorities established in the Healthy Forest Restoration Act of 2003 to provide emergency measures for high-risk areas identified by such States, to make permanent Forest Service and Bureau of Land Management authority to conduct good-neighbor cooperation with States to reduce wildfire risks, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Healthy Forest Management and Wildfire Prevention 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. Congressional declaration of bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires in States as imminent threat. Sec. 4. State designation of high-risk areas of National Forest System and public lands. Sec. 5. Designation of high-risk areas by the Secretary concerned. Sec. 6. Use of emergency hazardous fuels reduction projects for high-risk areas. Sec. 7. Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects. Sec. 8. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks. Sec. 9. Stewardship end result contracting project authority. 2. Definitions In this Act: (1) Emergency hazardous fuels reduction project The term emergency hazardous fuels reduction project means a project or activity carried out in a high-risk area to address the bark beetle epidemic, drought, or deteriorating forest health conditions and the resulting imminent risk of devastating wildfires. (2) High-risk area The term high-risk area means an area of National Forest System land or public lands identified under section 4 as an area suffering from the bark beetle epidemic, drought, or deteriorating forest health conditions, with the resulting imminent risk of devastating wildfires, or otherwise at high risk for bark beetle infestation, drought, or wildfire. (3) National forest system The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (4) Public lands The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ). (5) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to the National Forest System; and (B) the Secretary of the Interior, with respect to public lands. (6) The term State means any of the several States containing National Forest System land or public lands. The term includes the Commonwealth of Puerto Rico. 3. Congressional declaration of bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires in States as imminent threat Congress hereby declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands in the States, with the resulting imminent risk of devastating wildfires that pose a significant threat to the economic stability of communities in the affected areas and the health, safety, and well-being of residents, firefighters, and visitors to the areas, is an imminent threat within the meaning of section 294.12(b)(1) of title 36, Code of Federal Regulations (2002 Edition) and any existing or pending roadless area management rule applicable to a State. 4. State designation of high-risk areas of National Forest System and public lands (a) Designation authority The Governor of a State may designate high-risk areas of the National Forest System and public lands in the State for the purposes of addressing— (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation In designating high-risk areas, the Governor of a State shall consult with county government from affected counties and with affected Indian tribes. (c) Exclusion of certain areas The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for designation Designation of high-risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for initial designations The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of designation The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Governor of the State. (g) Redesignation The expiration of the 20-year period specified in subsection (f) does not prohibit the Governor from redesignating an area of the National Forest System land or public lands as a high-risk area under this section if the Governor determines that the area of National Forest System land or public lands continues to be subject to the terms of this section. (h) Recognition of valid and existing rights The designation of a high-risk area shall not be construed to limit or restrict— (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. 5. Designation of high-risk areas by the Secretary concerned (a) Designation authority The Secretary concerned may designate high-risk areas of the National Forest System and the public lands for the purposes of addressing— (1) deteriorating forest health conditions in existence as of the date of the enactment of this Act due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. (b) Consultation In designating high-risk areas, the Secretary concerned shall consult with Governors of affected States, county government from affected counties, and with affected Indian tribes. (c) Exclusion of certain areas The following National Forest System land or public lands may not be designated as a high-risk area: (1) A component of the National Wilderness Preservation System. (2) A National Monument. (d) Standards for designation Designation of high risk areas shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is being made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Time for initial designations The first high-risk areas should be designated not later than 60 days after the date of the enactment of this Act but may be designated at any time consistent with subsection (a). (f) Duration of designation The designation of a high-risk area in a State shall expire 20 years after the date of the designation, unless earlier terminated by the Secretary concerned. (g) Redesignation The expiration of the 20-year period specified in subsection (f) does not prohibit the Secretary concerned from redesignating an area of the National Forest System or public lands as a high-risk area if the Secretary determines that the National Forest System land or public lands continues to be subject to the terms of this section, except that such redesignation is subject to consultation with Governors from affected States, county government from affected counties, and affected Indian tribes. (h) Recognition of valid and existing rights The designation of a high-risk area shall not be construed to limit or restrict— (1) access to National Forest System land or public lands included in the area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding the National Forest System land or public lands. 6. Use of emergency hazardous fuels reduction projects for high-risk areas (a) Project proposals (1) Proposals authorized Upon designation of a high-risk area in a State, the Governor of the State may provide for the development of proposed emergency hazardous fuels reduction projects for the high-risk area. The Secretary concerned also may develop emergency hazardous fuels reduction projects. (2) Project criteria In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State and the Secretary concerned shall— (A) take into account managing for rights of way, protection of watersheds, protection of wildlife and endangered species habitat, safe-guarding water resources, and protecting local communities from wildfires; and (B) emphasize activities that thin the forest to provide the greatest health and longevity of the forest. (b) Consultation In preparing proposed emergency hazardous fuels reduction projects, the Governor of a State shall consult with county government from affected counties, and with affected Indian tribes. If the Secretary concerned develops a proposal, the Secretary concerned shall consult with the Governor of the affected State, county government from affected counties, and affected Indian tribes. (c) Submission and implementation The Governor of a State shall submit proposed emergency hazardous fuels reduction projects to the Secretary concerned for implementation. (d) Implementation of projects (1) State proposed projects The Secretary concerned shall implement hazardous fuels reduction projects proposed by Governors within 60 days of the date on which the Secretary receives the proposal. (2) Secretary proposed projects The Secretary concerned shall implement hazardous fuels reduction projects proposed by the Secretary concerned within 60 days of the date on which the proposal is finalized. 7. Applicability of expedited procedures and authorities of Healthy Forests Restoration Act of 2003 to emergency hazardous fuels reduction projects (a) Applicability Subject to subsections (b) through (e), title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) (including the environmental analysis requirements of section 104 of that Act ( 16 U.S.C. 6514 ), the special administrative review process under section 105 of that Act ( 16 U.S.C. 6515 ), and the judicial review process under section 106 of that Act (16 U.S.C. 6516)), shall apply to all emergency hazardous fuels reduction projects developed under section 6. (b) Application of other law Section 322 of Public Law 102–381 ( 16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to Forest Service emergency hazardous fuels reduction projects. (c) Required modifications In applying title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 et seq. ) to emergency hazardous fuels reduction projects, the Secretary concerned shall make the following modifications: (1) The authority shall apply to the entire high-risk area, including land that is outside of a wildland-urban interface area or that does not satisfy any of the other eligibility criteria specified in section 102(a) of that Act (16 U.S.C. 6512(a)). (2) All projects and activities of the Secretary concerned, including necessary connected actions (as described in section 1508.25(a)(1) of title 40, Code of Federal Regulations), of the emergency hazardous fuels reduction project shall be deemed to be an authorized hazardous fuel reduction project for purposes of applying the title. (3) The Secretary is not required to study, develop, or describe more than the proposed agency action and a no-action alternative in the environmental assessment or environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for an emergency hazardous fuels reduction project, except that, if an at-risk community has adopted a community wildfire protection plan (as defined in section 101(3) of the Healthy Forest Restoration Act of 2003 ( 16 U.S.C. 6511(3) )) that includes the land covered by the proposed agency action, but the proposed agency action does not implement the recommendations in the plan regarding the general location and basic method of treatments, the Secretary shall evaluate the recommendations in the plan as an additional alternative to the proposed agency action. (d) Forest management plans All projects and activities carried out as part of an emergency hazardous fuels reduction project in a designated high-risk area shall be consistent with standards and guidelines contained in the land and resource management plan or land use plan for the unit of the National Forest System or public lands for which the designation is made, except that the Secretary concerned may modify such standards and guidelines to correspond with a specific high-risk area designation. (e) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area shall not be delegated to a State forester or any other officer or employee of the State in which the emergency hazardous fuels reduction project will be carried out. (f) Categorical exclusion If a project or activity to be carried out as part of an emergency hazardous fuels reduction project in a high-risk area involves the removal of insect-infected trees or other hazardous fuels within 500 feet of utility or telephone infrastructure, campgrounds, roadsides, heritage sites, recreation sites, schools, or other infrastructure, the project or activity is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) so long as the project or activity is otherwise conducted consistently with agency and departmental procedures and the applicable land and resource management plan or land use plan. 8. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks (a) Definitions In this section: (1) Eligible State The term eligible State means a State that contains National Forest System land or land under the jurisdiction of the Bureau of Land Management. (2) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to National Forest System land; or (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management. (3) State forester The term State forester means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) In general The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in subsection (c) on National Forest System land or land under the jurisdiction of the Bureau of Land Management, as applicable, in the eligible State. (c) Authorized services The forest, rangeland, and watershed restoration and protection services referred to in subsection (b) include the conduct of— (1) activities to treat insect infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (d) State as agent Except as provided in subsection (g), a cooperative agreement or contract entered into under subsection (b) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under subsection (b). (e) Subcontracts In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under subsection (b). (f) Timber sales Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ) shall not apply to services performed under a cooperative agreement or contract entered into under subsection (b). (g) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration and protection services to be provided under this Act by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State. (h) Applicable law The restoration and protection services to be provided under this Act shall be carried out on a project-to-project basis under existing authorities of the Forest Service or Bureau of Land Management, as applicable. 9. Stewardship end result contracting project authority (a) Extension of authority Section 347(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105–277 ; 16 U.S.C. 2104 note) is amended by striking 2013 and inserting 2017 . (b) Duration of contracts Section 347(c)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105–277 ; 16 U.S.C. 2104 note) is amended by striking 10 years and inserting 20 years . | https://www.govinfo.gov/content/pkg/BILLS-113hr818ih/xml/BILLS-113hr818ih.xml |
113-hr-819 | I 113th CONGRESS 1st Session H. R. 819 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize pedestrian and motorized vehicular access in Cape Hatteras National Seashore Recreational Area, and for other purposes.
1. Short title This Act may be cited as the Preserving Access to Cape Hatteras National Seashore Recreational Area Act . 2. Reinstatement of Interim Management Strategy (a) Management After the date of the enactment of this Act, Cape Hatteras National Seashore Recreational Area shall be managed in accordance with the Interim Protected Species Management Strategy/Environmental Assessment issued by the National Park Service on June 13, 2007, for the Cape Hatteras National Seashore Recreational Area, North Carolina, unless the Secretary of the Interior (hereafter in this Act referred to as the Secretary ) issues a new final rule that meets the requirements set forth in section 3. (b) Restrictions The Secretary shall not impose any additional restrictions on pedestrian or motorized vehicular access to any portion of Cape Hatteras National Seashore Recreational Area for species protection beyond those in the Interim Management Strategy, other than as specifically authorized pursuant to section 3 of this Act. 3. Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species protection (a) In general If, based on peer-reviewed science and after public comment, the Secretary determines that additional restrictions on access to a portion of the Cape Hatteras National Seashore Recreational Area are necessary to protect species listed as endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the Secretary may only restrict, by limitation, closure, buffer, or otherwise, pedestrian and motorized vehicular access for recreational activities for the shortest possible time and on the smallest possible portions of the Cape Hatteras National Seashore Recreational Area. (b) Limitation on restrictions Restrictions imposed under this section for protection of species listed as endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) shall not be greater than the restrictions in effect for that species at any other National Seashore. (c) Corridors around closures To the maximum extent possible, the Secretary shall designate pedestrian and vehicular corridors of minimal distance on the beach or interdunal area around closures implemented under this section to allow access to areas not closed. 4. Inapplicability of final rule and consent degree (a) Final rule The final rule titled Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road Vehicle Management (77 Fed. Reg. 3123–3144) shall have no force or effect after the date of the enactment of this Act. (b) Consent decree The April 30, 2008, consent decree filed in the United States District Court for the Eastern District of North Carolina regarding off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall not apply after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr819ih/xml/BILLS-113hr819ih.xml |
113-hr-820 | I 113th CONGRESS 1st Session H. R. 820 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Waxman (for himself and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to enhance the reporting requirements pertaining to use of antimicrobial drugs in food animals.
1. Short title This Act may be cited as the Delivering Antimicrobial Transparency in Animals Act of 2013 . 2. Findings The Congress finds the following: (1) Antimicrobials are of critical importance to public health and to the American economy. (2) Use of antimicrobials, whether in human medicine or in agriculture, contributes to the development and spread of antimicrobial resistance. (3) Data from the Food and Drug Administration (FDA) indicate that approximately 80 percent of all antimicrobials sold in the United States, over 29,000,000 pounds in 2009, were sold for use in food animals. (4) A study published in September, 2012, in Proceedings of the National Academy of Sciences of the United States of America found that even low doses of antimicrobials in animal feed for short periods of time increased the prevalence of the bacteria E. coli and the prevalence and diversity of antimicrobial resistance genes in bacteria in pigs. (5) Public Law 110–316, the Animal Drug User Fee Amendments of 2008, requires producers of drugs used in food animals to provide specified information annually to the FDA on the sales and indications for use of such drugs. (6) A September 2011 study by the Government Accountability Office found that the data provided to the FDA under the Animal Drug User Fee Amendments Act of 2008 lacked sufficient details necessary to analyze trends in antimicrobial resistance, such as information on actual drug use in specific food-producing animal species. 3. Purpose The purpose of this Act is to provide the Food and Drug Administration and the public with better information on the use of antimicrobial drugs in animals used for food to— (1) enable public health officials and scientists to better understand and interpret trends and variations in rates of microbial resistance to such antimicrobial drugs; (2) improve the understanding of the relationship between antimicrobial drug use in animals used for food and antimicrobial drug resistance in microbes in and on animals and humans; and (3) identify interventions to prevent and control such antimicrobial drug resistance. 4. Enhanced reporting requirements (a) Reports Section 512(l) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b(l) ) is amended by striking paragraph (3) and inserting the following: (3) (A) In the case of each new animal drug described in paragraph (1) that contains an antimicrobial active ingredient, the sponsor of the drug shall submit an annual report to the Secretary on the amount of each antimicrobial active ingredient in the drug that is sold or distributed for use in food-producing animals, including information on any distributor-labeled product. (B) Each report under this paragraph shall specify the amount of each antimicrobial active ingredient— (i) by container size, strength, and dosage form; (ii) by quantities distributed to each State domestically and by quantities exported; and (iii) by dosage form, including (for each dosage form) the known or estimated amounts of the antimicrobial active ingredient sold or distributed for use in each food-producing animal for which the new animal drug is approved, including a description of the methods used to determine or estimate the amounts. (4) (A) Subject to subparagraph (B), in the case of animal feed in final formulation bearing or containing a new animal drug for which reporting is required under paragraph (3), a live poultry dealer, swine contractor, or feed lot operator who purchases, contracts, or manufactures such feed shall submit to the Secretary an annual report that specifies, by food-producing animal for which the new animal drug is approved and, where applicable as determined by the Secretary, by production class of such animal— (i) the amount of each antimicrobial active ingredient contained per kilogram of each such feed sold or distributed for that animal and, where applicable, production class; (ii) the quantity of such feed sold or distributed for that animal and, where applicable, production class; and (iii) for each such feed sold or distributed under a veterinary feed directive— (I) the indications for which the feed was sold or distributed and the quantities of such feed that were sold or distributed per each such indication; (II) the number of individuals of the food-producing animal and, where applicable, the production class to which the feed was intended; and (III) the length of time over which the feed was intended to be provided to the animals and the dose of the active antimicrobial ingredient the animals were intended to receive. (B) (i) Subparagraph (A) does not apply to a live poultry dealer, swine contractor, or feed lot operator if the total value of the live animals owned, purchased, sold, contracted for, or otherwise controlled by the dealer, contractor, or operator, directly or through subsidiaries or affiliates, per year, does not exceed— (I) $10,000,000; or (II) such other sum as the Secretary may specify through regulation. (ii) The Secretary may specify through regulation alternative reporting requirements, including via pilot programs or based on the results of pilot programs— (I) to improve the accuracy of reports; (II) to lessen the burden of reporting; (III) to facilitate the Secretary’s ability to provide public summaries of the reports; or (IV) to improve the Secretary’s ability to use the reports, or the public’s ability to use the summaries under paragraph (5), to understand the relationship between sales, distribution, and end-use practices with respect to feed containing new animal drugs described in paragraph (1) and antimicrobial resistance trends in microbes in animals, animal food products, and humans. (5) (A) Each report under paragraph (3) or (4) shall— (i) be submitted electronically not later than March 31 each year; (ii) cover the period of the preceding calendar year; (iii) include separate information for each month of such calendar year; and (iv) be in such format as the Secretary may require. (B) In specifying a format under subparagraph (A)(iv), the Secretary shall seek to ensure that such format enables the data reported to be integrated or otherwise easily associated and compared with data from other Federal databases containing data on— (i) drug sales for human use; and (ii) rates of antimicrobial resistance in bacteria in and on animals, animal food products, and people. (C) The Secretary may share information reported under paragraph (3) or (4) with the Antimicrobial Resistance Task Force established under section 319E of the Public Health Service Act. (D) (i) Not later than November 30 each year, the Secretary shall make publicly available summaries of the information reported under paragraphs (3) and (4). (ii) For each summary under clause (i), except as provided in clause (iii), the Secretary shall— (I) report data by antimicrobial drug class; (II) for each such antimicrobial drug class, specify— (aa) the quantity of drugs sold or distributed per dosage form; (bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; (cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; (dd) the quantity of drugs sold or distributed per State of sale or distribution; and (ee) the known or estimated quantity of drugs sold or distributed for each food-producing animal and, where feasible, production class of such animal; and (III) for each feed sold or distributed under a veterinary food directive for which reporting is required under paragraph (4), include the information reported pursuant to subclauses (I), (II), and (III) of paragraph (4)(A)(iii). (iii) For any antimicrobial drug class with fewer than 3 sponsors of approved new animal drugs, instead of reporting data under clause (ii), the Secretary shall for each such class— (I) report data by category of importance of the antimicrobial drugs within that class to human medicine, as determined by the Secretary; and (II) to the extent feasible for each such category, specify— (aa) the quantity of drugs sold or distributed per dosage form; (bb) the percentage of drugs sold or distributed with labeled indications that fall within each of the following categories: growth promotion, feed efficiency, or other production purposes; disease prevention; disease control; and disease treatment; (cc) the quantity of drugs sold or distributed per each of the following marketing categories: over-the-counter, prescription, and veterinary feed directive; and (dd) the quantity of drugs sold or distributed per State of sale or distribution. (iv) In carrying out this subparagraph, the Secretary shall report data in a manner consistent with protecting both national security and confidential business information. (E) In this paragraph, the terms live poultry dealer and swine contractor have the meanings given to those terms in section 2 of the Packers and Stockyards Act, 1921. . (b) Rule of application The amendment made by this section applies to reports under paragraphs (3) and (4) of section 512(l) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b(l) ) (as amended by subsection (a)) that cover the period of calendar year 2014 or any subsequent calendar year. The provisions of section 512(l)(3) of such Act, as in effect the day before the date of enactment of this Act, apply to reports that cover the period of calendar year 2013. 5. Enhanced collaboration between the Food and Drug Administration and the Department of Agriculture The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall increase collaboration and coordination with the Secretary of Agriculture to expand and coordinate the collection of data on the use of antimicrobial drugs in or on cattle, swine, chickens, turkeys, and such other food-producing animal species as agreed to by the Secretary of Health and Human Services and the Secretary of Agriculture, including by providing information to the Secretary of Agriculture for use by— (1) the Animal and Plant Health Inspection Service to help inform its collection of data through the National Animal Health Monitoring System; and (2) the Economic Research Service to help inform its collection of data through the Agricultural Resource Management Survey. 6. Action by Government Accountability Office (a) Publication of final guidance Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a final version of draft guidance #213, entitled New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209 . (b) Report by GAO (1) In general Not later than 3 years after the publication of final guidance pursuant to subsection (a), the Comptroller General of the United States shall commence a study to evaluate— (A) the voluntary approach used by the Food and Drug Administration to eliminate injudicious use of antimicrobial drugs in food-producing animals; and (B) the effectiveness of the data collection activities conducted by the Food and Drug Administration regarding antimicrobial resistance. (2) Report Not later than 1 year after commencing the study required by paragraph (1), 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 that describes the results of such study. | https://www.govinfo.gov/content/pkg/BILLS-113hr820ih/xml/BILLS-113hr820ih.xml |
113-hr-821 | I 113th CONGRESS 1st Session H. R. 821 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend the Servicemembers Civil Relief Act to provide surviving spouses with certain protections relating to mortgages and mortgage foreclosures, and for other purposes.
1. Expansion of protections relating to mortgages and mortgage foreclosures for surviving spouses (a) Protection for Surviving Spouse Section 303 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 533 ) is amended by adding at the end the following new subsection: (e) Protection for Surviving Spouse During the five-year period beginning on the date of the enactment of this subsection, with respect to a servicemember who dies while in military service and whose death is service-connected, this section shall apply to the surviving spouse of the servicemember if such spouse is the successor in interest to property covered under subsection (a). . (b) Effective date Subsection (e) of section 303 of such Act, as added by subsection (a), shall apply to a surviving spouse of a servicemember whose death is on or after the date of the enactment of this Act. 2. Requirements for lending institutions that are creditors for obligations and liabilities covered by the Servicemembers Civil Relief Act Section 207 of the Servicemembers Civil Relief Act is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): (d) Lending institution requirements (1) Compliance officers Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution’s compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section. (2) Toll-free telephone number During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution. . 3. Extension of period of protections for servicemembers against mortgage foreclosures Section 710(d) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 ( Public Law 112–154 ; 50 U.S.C. App. 533 note) is amended— (1) in paragraph (1), by striking December 31, 2014 and inserting December 31, 2017 ; and (2) in paragraph (3), by striking January 1, 2015 and inserting January 1, 2018 . | https://www.govinfo.gov/content/pkg/BILLS-113hr821ih/xml/BILLS-113hr821ih.xml |
113-hr-822 | I 113th CONGRESS 1st Session H. R. 822 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Van Hollen (for himself, Mr. Petri , and Mr. Walz ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve and expand geographic literacy among kindergarten through grade 12 students in the United States by improving professional development programs for kindergarten through grade 12 teachers offered through institutions of higher education.
1. Short title This Act may be cited as the Teaching Geography is Fundamental Act . 2. Geography education Title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended by adding at the end the following: D Geography education 271. Findings Congress makes the following findings: (1) The economic stature and competitiveness of the United States requires increasingly sophisticated levels of geographic knowledge and mastery of geographic tools. (2) It is estimated that the United States geospatial industry generated $73,000,000,000 in revenue last year, with half a million high-wage jobs, and that the industry is growing at between 25-30 percent per year. This burgeoning industry will not be able to maximize its growth potential without a sustained Federal investment in geography education. (3) A 2012 report by a Council on Foreign Relations task force, United States Education Reform and National Security, states that the lack of global awareness among American citizens increasingly jeopardizes their ability to interact with local and global peers or participate meaningfully in business, diplomatic, and military situations. (4) Geographic literacy is essential to a well prepared citizenry in the 21st century because geographic factors assume greater importance as the world’s economies, societies, and political structures grow more global in scale. (5) The 2010 National Assessment of Educational Progress in geography shows that fewer than 30 percent of students tested in grades four, eight, and twelve scored at grade-level or above. These scores have stayed the same or gotten worse since the last time the test was administered in 2001. (6) The National Academy of Sciences urged creation of a national program to improve the geographic competence of the United States general population and the school age population. (7) Geography is one of the core academic subjects defined under the Elementary and Secondary Education Act. (8) A recent National Geographic Society survey found that all 50 States and the District of Columbia recognize geography in their curricula or content standards, and an increasing number require geography for graduation and include geography in mandated statewide assessments. (9) Seven of ten educators responding to a National Geographic survey felt their professional development opportunities in geography were inadequate and half believed their schools had inadequate basic materials for teaching geography. (10) The National Geographic Society has spent more than 25 years pioneering an extraordinarily effective national program for improving the teaching of geography by engaging university faculty, geographers, and highly trained teachers in State Geographic Alliances dedicated to providing high-quality professional development opportunities for kindergarten through grade 12 teachers. (11) More than 80 colleges and universities in all 50 States have received grants from the National Geographic Society to support State Geographic Alliances and their professional development programs. Alliance-trained kindergarten through grade 12 teachers and their higher education partners conduct workshops, develop localized teaching materials, and facilitate communication among thousands of teachers whose responsibilities include teaching of geography in various formats and grade levels. (12) A study by Mid-continent Research for Education and Learning that assessed student academic achievement in geography on the National Assessment of Educational Progress showed that students taught by Alliance-trained teachers out-performed other students by almost 10 percent. (13) We live in a changing world with multiple and evolving threats to national security, including terrorism, asymmetrical warfare, and social unrest. As the nature of the threat evolves, so do the tools, knowledge, and skills needed to respond. A 2013 National Academies report states that it is likely that qualified Geography Information Systems and remote sensing experts are already hard to find. Long before 2030, competition and a small number of graduates will likely result in shortages in all emerging areas and in the core areas of cartography, photogammetry, and geodesy. 272. Purposes and objectives (a) Purpose The purpose of this part is to promote geographic literacy and improved understanding of global cultures among kindergarten through grade 12 students by expanding programs that employ the geographic knowledge and expertise of faculty members in institutions of higher education for the benefit of kindergarten through grade 12 teachers and to otherwise advance geographic literacy. (b) Objectives The objectives of this part are the following: (1) To increase students knowledge of, and achievement in, standards-based geography to enable the students to become better informed and more productive citizens. (2) To increase the number of highly qualified teachers of United States and world geography and to enable the teachers to improve student mastery of geographic principles and practical applications of those principles. (3) To encourage geographic education research, to develop and disseminate effective instructional materials, and to promote replication of best practices and exemplary programs that foster geographic literacy. (4) To assist States in measuring the impact of education in geography. (5) To leverage and expand private and public support for geography education partnerships at national, State, and local levels. 273. Grant program authorized The Secretary is authorized to award a grant to a national nonprofit educational organization or a consortium of organizations (hereafter in this part referred to as the grantee ) that has as its primary purpose the improvement of the quality of student understanding of geography through effective teaching of geography in the Nation’s classrooms. 274. Use of funds (a) Direct activities The grantee shall use not more than 25 percent of the funds made available through the grant for a fiscal year— (1) to strengthen and expand the grantee’s relationships with institutions of higher education and with State educational agencies and local educational agencies and other public and private organizations with a commitment to geography education and the benefits of geography education; (2) to support and promote research-based training of teachers of geography and related disciplines in kindergarten through grade 12 as a means of broadening student knowledge of the world, including the dissemination of information on effective practices and research findings concerning the teaching of geography; (3) to support research on effective geography teaching practices and the development of assessment instruments and strategies to document student understanding of geography; (4) to convene national conferences on geography education to assess the current state of geographic literacy and to identify strategies for improvement; and (5) to develop and disseminate appropriate research-based materials to foster geographic literacy. (b) Subgrants (1) In general The grantee shall use not more than 75 percent of the funds made available through the grant for a fiscal year to award subgrants to eligible recipients. (2) Eligible recipient defined In this part the term eligible recipient means an institution of higher education associated with— (A) a State geographic alliance; (B) a nonprofit educational organization; (C) a State educational agency or local educational agency; or (D) a partnership between or among an alliance, organization, or agency described in subparagraph (A), (B) or (C). (3) Subgrant uses of funds Eligible recipients shall use the subgrant funds for 1 or more of the following purposes: (A) Conducting teacher training programs that use effective and research-based approaches to the teaching of geography at the kindergarten through grade 12 level. (B) Applying Geographic Information System (GIS) or other geographic technological tools to the teaching of geography. (C) Applying Internet and other distance learning technology to the teaching of geography or to the continuing education of teachers. (D) Promoting rigorous academic standards and assessment techniques to guide and measure student performance in geography. (E) Promoting research in geography education, emphasizing research that leads to improving student achievement. (F) Carrying out local, field-based activities for teachers and students to improve their knowledge of the concepts and tools of geography while enhancing understanding of their home region. (G) Promoting comparative studies of world cultures, economies, and environments. (H) Encouraging replication of best practices and model programs to promote geographic literacy. (I) Developing and disseminating effective, research-based geography learning materials. (J) Convening State-based conferences to assess the state of geographic literacy and to identify strategies for improvement. 275. Applications (a) Grantee applications To be eligible to receive a grant under this part, a grantee shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Eligible recipient applications (1) Submission To be eligible to receive a subgrant under this part, an eligible recipient shall submit an application to a grantee at such time, in such manner and accompanied by such information as the grantee may require. (2) Review (A) In general A grantee shall invite individuals described in subparagraph (B) to review all applications from eligible recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the applications. (B) Reviewers The individuals referred to in subparagraph (A) are the following: (i) Leaders in the field of geography education. (ii) Such other individuals as the grantee may determine are necessary or desirable. 276. Requirements (a) Administrative costs A grantee receiving a grant under this part for a fiscal year, and each eligible recipient receiving a subgrant under this part for a fiscal year, may use not more than 15 percent of the funds made available through the grant or subgrant, respectively, for administrative costs. (b) Matching requirements (1) In general In order to be eligible to receive a subgrant under this part an eligible recipient shall agree in the application submitted under section 275(b) to provide matching funds towards the costs of the activities assisted under the subgrant. (2) Amount An eligible recipient shall provide matching funds in an amount equal to 20 percent of the subgrant funds received under this part for the second and each succeeding fiscal year for which subgrant payments are made. (3) Source of matching funds Matching funds may be provided in cash or in kind, fairly evaluated, including facilities, staffing salaries, and educational materials. 277. Authorization of appropriations There are authorized to be appropriated to carry out this part $15,000,000 for fiscal year 2014 and each of the 4 succeeding fiscal years. . | https://www.govinfo.gov/content/pkg/BILLS-113hr822ih/xml/BILLS-113hr822ih.xml |
113-hr-823 | I 113th CONGRESS 1st Session H. R. 823 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Culberson (for himself, Mr. Wolf , Mr. Gene Green of Texas , Mr. Posey , and Mr. Olson ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To preserve American space leadership, and for other purposes.
1. Short title This Act may be cited as the Space Leadership Preservation Act of 2013 . 2. Purpose The purpose of this Act is to ensure that the American space program will always be the best in the world, and to ensure that America will always be able to preserve and protect our leadership in the exploration of outer space, the high ground of the future. Congress is hopeful that by restructuring NASA we can make the Agency less political and more professional so that visionary NASA scientists, engineers, and astronauts will continue to inspire future generations by their continuing mission: to explore strange new worlds, to seek out new life, to boldly go where no one has gone before. 3. Administrator and Deputy Administrator Section 20111 of title 51, United States Code, is amended— (1) in subsection (a)— (A) by striking Administrator.— There is established and inserting Administrator.— (1) In general There is established ; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting The Administrator shall serve for a term of 6 years. after and activities thereof. ; and (C) by adding at the end the following new paragraph: (2) Board of directors nominations The President may appoint the Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(j)(2)(A). ; and (2) in subsection (b)— (A) by striking Administrator.— There shall be and inserting Administrator.— (1) In general There shall be ; (B) in paragraph (1), as so designated by subparagraph (A) of this paragraph, by inserting The Deputy Administrator shall not act for, and exercise the powers of, the Administrator for a period in excess of 45 days. After 45 days, the Associate Administrator shall exercise the powers of Administrator until a new Administrator is appointed and confirmed by the Senate. after absence or disability. ; and (C) by adding at the end the following new paragraph: (2) Board of directors nominations The President may appoint the Deputy Administrator under paragraph (1) from among the list of nominees provided by the Board of Directors pursuant to section 20118(j)(2)(B). . 4. Board of Directors (a) Establishment Subchapter II of chapter 201 of title 51, United States Code, is amended by adding at the end the following new section: 20118. Board of Directors (a) Establishment There shall be established a Board of Directors for the National Aeronautics and Space Administration in accordance with this section, not later than 9 months after the date of enactment of the Space Leadership Preservation Act of 2013 . (b) Membership and appointment The Board shall consist of 11 members to be appointed as follows: (1) 3 members shall be appointed by the President. (2) 3 members shall be appointed by the president pro tempore of the Senate. (3) 1 member shall be appointed by the minority leader of the Senate. (4) 3 members shall be appointed by the Speaker of the House of Representatives. (5) 1 member shall be appointed by the minority leader of the House of Representatives. In addition to the members appointed under paragraphs (1) through (5), the Administrator shall be an ex officio, nonvoting member of the Board. (c) Qualifications The persons appointed as members of the Board shall be— (1) former astronauts or scientists or engineers eminent in the fields of human spaceflight, planetary science, space science, Earth science, and aeronautics, or other scientific, engineering, business, and social science disciplines related to space and aeronautics; (2) selected on the basis of established records of distinguished service; and (3) so selected as to provide representation of the views of engineering, science, and aerospace leaders in all areas of the Nation. (d) Limitation on members An individual employed by or representing an organization with which the Administration has a contract is not eligible to serve on the Board, except for scientists employed by or representing colleges, universities, and other not-for-profit organizations. Any such scientists serving on the Board shall not directly work on a study, project, or program that receives funding through a grant from or contract with the Administration, and shall recuse themselves from any Board consideration of programs affecting their place of employment. Additionally, a former Board member may not take employment with or represent an organization with which the Administration has a contract, or which is seeking such a contract, for a period of 2 years following completion of service on the Board. (e) Terms The term of office of each member of the Board shall be 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has been a member of the Board for 12 consecutive years shall thereafter be ineligible for appointment during the 2-year period following the expiration of such 12th year. (f) Meetings The Board shall meet quarterly and at such other times as the Chairman may determine, but the Chairman shall also call a meeting whenever one-third of the members so request in writing. The Board shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the members of the Board. (g) Chairman and Vice Chairman The election of the Chairman and Vice Chairman of the Board shall take place at each first quarter meeting occurring in an even-numbered year. The Vice Chairman shall perform the duties of the Chairman in his absence. In case a vacancy occurs in the chairmanship or vice chairmanship, the Board shall elect a member to fill such vacancy. (h) Staff The Board may, with the concurrence of a majority of its members, permit the appointment of a staff consisting of professional staff members, technical and professional personnel on leave of absence from academic, industrial, or research institutions for a limited term, and such operations and support staff members as may be necessary. Such staff shall be appointed by the Chairman and assigned at the direction of the Board. The professional members and limited term technical and professional personnel of such staff may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 of such title relating to classification, and shall be compensated at a rate not exceeding the maximum rate payable under section 5376 of such title, as may be necessary to provide for the performance of such duties as may be prescribed by the Board in connection with the exercise of its powers and functions under this section. (i) Committees The Board is also authorized to appoint from among its members such committees as it deems necessary, and to assign to committees so appointed such survey and advisory functions as the Board deems appropriate to assist it in exercising its powers and functions under this section. (j) Functions (1) Budget proposal Not later than November 15 of each year, the Board shall provide to the President, and to the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate, a proposed budget for the National Aeronautics and Space Administration for the next fiscal year. Such budget shall— (A) carry out the purpose described in section 20102(h); (B) be based on— (i) the best professional judgement of the Board; (ii) recommendations from the scientific, engineering, and other technical experts communities; and (iii) the recommendations of the most recent National Research Council decadal surveys; and (C) follow such decadal surveys’ recommended decision rules regarding program implementation, including a strict adherence to the recommendation that the National Aeronautics and Space Administration include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners. (2) Nominees for Administrator, Deputy Administrator, and Chief Financial Officer The Board shall provide to the President— (A) a list of 3 nominees from which the President may appoint an Administrator pursuant to section 20111(a); (B) a list of 3 nominees from which the President may appoint a Deputy Administrator pursuant to section 20111(b) and (C) a list of 3 nominees from which the President may appoint a Chief Financial Officer pursuant to section 205(a) of the Chief Financial Officers Act ( 31 U.S.C. 901(a) ). The Board shall provide the first set of nominees under this paragraph not later than 15 months after the date of enactment of the Space Leadership Preservation Act of 2013 . (3) Reports (A) Annual infrastructure, capabilities, and workforce assessment The Board shall provide to the President and the Congress annually a report assessing the status of United States spaceflight infrastructure, unique space capabilities, and the health of the United States workforce necessary to maintain such infrastructure and capabilities. The assessment shall also identify areas of concern, gaps in capability compared to foreign spaceflight capabilities, and recommendations on how to strengthen or improve United States capabilities and workforce. (B) Specific policy matter reports The Board shall provide to the President and the Congress reports on specific, individual policy matters within the authority of the Administration (or otherwise as requested by the Congress or the President) related to human space flight, planetary science, earth science, aeronautics, and science, technology, engineering, and mathematics education, as the Board, the President, or the Congress determines the need for such reports. (4) Quadrennial review The Board shall provide to the President and the Congress, not later than the later of 180 days after the establishment of the Board or the third quarterly meeting of the Board, and once every 4 years thereafter, a quadrennial review of current space programs and a vision for future space exploration. (5) Removal for cause The Board may provide to the President and the Congress a report recommending the removal of the Administrator, the Deputy Administrator, or the Chief Financial Officer for cause. Any such report shall include the reasons for such recommendation. (k) Budget meetings Portions of Board meetings in which the Board considers the budget proposal required under subsection (j)(1) for a particular fiscal year may be closed to the public until the Board submits the proposal to the President and the Congress. (l) Financial disclosure Members of the Board shall be required to file a financial disclosure report under title II of the Ethics in Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such reports shall be held confidential and exempt from any law otherwise requiring their public disclosure. . (b) Table of sections The table of sections for chapter 201 of title 51, United States Code, is amended by adding at the end of the items for subchapter II the following new item: 20118. Board of Directors. . 5. Budget proposal Section 30103 of title 51, United States Code, is amended by adding at the end the following new subsection: (e) Board of Directors proposal (1) Inclusion in President’s proposed budget The proposed budget for the Administration submitted to the Congress by the President for each fiscal year shall include a description of, and a detailed justification for, any differences between the President’s proposed budget and the budget provided by the Board of Directors under section 20118(j)(1). (2) Elements of budget proposal Subsections (a) through (d) of this section shall apply to the proposed budget provided by the Board of Directors under section 20118(j)(1). . 6. Long term contracting (a) Amendments Section 20142 of title 51, United States Code, is amended— (1) in the section heading, by striking Contracts regarding expendable launch vehicles and inserting Long term contracting ; (2) in subsection (a), by— (A) striking expendable launch vehicle services and inserting rocket propulsion systems and manned and unmanned space transportation vehicles and payloads, including expendable launch vehicles, and any other infrastructure intended for placement or operation in space or on celestial bodies, and services related thereto, ; and (B) striking related to launch and inserting related to ; and (3) in subsection (b), by striking launch services and inserting the goods and services to have been provided under the contract . (b) Table of sections amendment The item relating to section 20142 in the table of sections for chapter 201 of title 51, United States Code, is amended to read as follows: 20142. Long term contracting. . | https://www.govinfo.gov/content/pkg/BILLS-113hr823ih/xml/BILLS-113hr823ih.xml |
113-hr-824 | I 113th CONGRESS 1st Session H. R. 824 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mrs. Lummis (for herself and Mr. Mulvaney ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To reduce the total number of civil service employees in the executive branch of the Government through attrition, and for other purposes.
1. Short title This Act may be cited as the Federal Workforce Reduction Through Attrition Act . 2. Definitions For purposes of this Act— (1) the term total number of Federal employees means the total number of Federal employees in all agencies; (2) the term Federal employee means an employee as defined by section 2105 of title 5, United States Code; (3) the term agency means an executive agency as defined by section 105 of title 5, United States Code, excluding the Government Accountability Office; (4) the term quarter means a period of 3 calendar months ending on March 31, June 30, September 30, or December 31; and (5) the term baseline quarter means the quarter in which occurs the date of the enactment of this Act. 3. Workforce limits and reductions (a) In general The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that, effective with respect to each quarter beginning after the date of the enactment of this Act, the total number of Federal employees determined for such quarter does not exceed the applicable maximum for such quarter. (b) Applicable maximum For purposes of this Act, the applicable maximum for a quarter is— (1) in the case of a quarter before the target-attainment quarter, the number equal to— (A) the total number of Federal employees determined for the baseline quarter, reduced by (B) 2/3 of the number of Federal employees separating from agencies during the period— (i) beginning on the first day following the baseline quarter; and (ii) ending on the last day of the quarter to which the applicable maximum is being applied; and (2) in the case of the target-attainment quarter and any subsequent quarter, the number equal to 90 percent of the total number of Federal employees as of September 30, 2012. (c) Target-Attainment quarter For purposes of this Act, the term target-attainment quarter means the earlier of— (1) the first quarter (subsequent to the baseline quarter) for which the total number of Federal employees does not exceed 90 percent of the total number of Federal employees as of September 30, 2012; or (2) the quarter ending on September 30, 2015. (d) Method for achieving compliance (1) In general Except as provided in paragraph (2), any reductions necessary in order to achieve compliance with subsection (a) shall be made through attrition. (2) Exception If, for any quarter, the total number of Federal employees exceeds the applicable maximum for such quarter, then, until the first succeeding quarter for which such total number is determined not to exceed the applicable maximum for such succeeding quarter, reductions shall be made through both attrition and a freeze on appointments. (e) Counting rules For purposes of this Act— (1) any determination of the total number of Federal employees or the number of Federal employees separating from agencies shall be made— (A) on a full-time equivalent basis; and (B) under section 4; and (2) any determination of the total number of Federal employees for a quarter shall be made as of such date or otherwise on such basis as the Office of Management of Budget (in consultation with the Office of Personnel Management) considers to be representative and feasible. (f) Waiver authority The President may waive any of the preceding provisions of this section, with respect to an individual appointment, upon a determination by the President that such appointment is necessary due to— (1) a state of war or for reasons of national security; or (2) an extraordinary emergency threatening life, health, safety, or property. (g) Limitation on procurement of service contracts The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall take appropriate measures to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this Act, except in cases in which a cost comparison demonstrates that such contracts would be to the financial advantage of the Government. 4. Monitoring and notification The Office of Management and Budget (in consultation with the Office of Personnel Management) shall— (1) continuously monitor all agencies and, for each quarter to which the requirements of section 3(a) apply, determine whether or not such requirements have been met; and (2) not later than 14 days after the end of each quarter described in paragraph (1), submit to the President and each House of Congress, a written determination as to whether or not the requirements of section 3(a) have been met. 5. Regulations Any regulations necessary to carry out this Act may be prescribed by the President or his designee. | https://www.govinfo.gov/content/pkg/BILLS-113hr824ih/xml/BILLS-113hr824ih.xml |
113-hr-825 | I 113th CONGRESS 1st Session H. R. 825 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Heck of Nevada (for himself, Mr. Ryan of Ohio , Mr. Cramer , Mrs. Capito , Ms. Brownley of California , Mrs. Kirkpatrick , Mr. Renacci , Mr. Barber , Mr. Meehan , Mr. Kilmer , Mr. Gardner , and Mr. Carney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To exclude from consideration as income under the United States Housing Act of 1937 payments of pension made under section 1521 of title 38, United States Code, to veterans who are in need of regular aid and attendance.
1. Short title This Act may be cited as the Vulnerable Veterans Housing Reform Act of 2013 . 2. Exclusion from income Paragraph (4) of section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(4) ) is amended— (1) by striking and any amounts and inserting , any amounts ; (2) by striking or any deferred and inserting , any deferred ; and (3) by inserting after prospective monthly amounts the following: , and any expenses related to aid and attendance as detailed under section 1521 of title 38, United States Code . | https://www.govinfo.gov/content/pkg/BILLS-113hr825ih/xml/BILLS-113hr825ih.xml |
113-hr-826 | I 113th CONGRESS 1st Session H. R. 826 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Whitfield introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To prohibit the Corps of Engineers from taking any action to establish a restricted area prohibiting public access to waters downstream of a dam, and for other purposes.
1. Short title This Act may be cited as the Freedom to Fish Act of 2013 . 2. Restricted areas at Corps of Engineers dams (a) In general The Secretary of the Army, acting through the Chief of Engineers, shall not take any action to establish a restricted area prohibiting public access to waters downstream of a dam owned by the Corps of Engineers. (b) Effective date (1) In general Subject to paragraph (2), this section shall apply to an action described in subsection (a) on or after August 1, 2012. (2) Existing restrictions If the Secretary of the Army, acting through the Chief of Engineers, has taken an action described in subsection (a) during the period beginning on August 1, 2012, and ending on the date of enactment of this Act, the Secretary shall— (A) cease implementing the restricted area resulting from the action; and (B) remove any barriers constructed in connection with the restricted area. | https://www.govinfo.gov/content/pkg/BILLS-113hr826ih/xml/BILLS-113hr826ih.xml |
113-hr-827 | I 113th CONGRESS 1st Session H. R. 827 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Cassidy (for himself and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Investor Protection Act of 1970 to provide one-time payments from the SIPC Fund for customers during a pending lawsuit by the Securities and Exchange Commission against the Securities Investor Protection Corporation, and for other purposes.
1. Short title This Act may be cited as the Improving Security for Investors and Providing Closure Act of 2013 or the Improving SIPC Act of 2013 . 2. Customer payment during pending action (a) In general Section 11 of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ggg ) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Customer payment during pending action (1) One-time payment permitted (A) In general At the time that an action is initiated under subsection (b), SIPC may choose to allow all customers of the debtor to elect to receive a one-time payment from the SIPC Fund. (B) Customer election If SIPC allows customers to make the election described under subparagraph (A), each customer choosing to make such election must make such election during the action brought under subsection (b), but in no case later than the 180-day period beginning on the date that SIPC chooses to allow such election. (2) Method of payment (A) In general To the extent practicable, one-time payments made under this subsection shall be made in the same manner as payments of net equity claims of customers of a debtor are made under the other provisions of this Act. (B) Payment amount limited to claims The amount paid to a customer under this subsection shall be equal to the lesser of— (i) the customer’s net equity claim against the debtor; and (ii) the cap set under paragraph (3). (3) Cap on one-time payments At the time the action is initiated under subsection (b), SIPC shall set a cap on the amount of one-time payments that can be made under this subsection, and such cap— (A) shall not exceed $500,000; and (B) shall apply equally to all customers of the debtor. (4) Effect of election (A) No SIPC advance Section 9(a) shall not apply with respect to any customer who receives a one-time payment under this subsection. (B) Subrogation With respect to any customer who receives a one-time payment under this subsection, SIPC shall be subrogated to all rights of such customer against the debtor once the customer recovers an amount equal to the customer’s net equity claim against the debtor. (5) Notice; technical assistance If SIPC allows customers to make the election described under paragraph (1)(A), SIPC shall— (A) promptly notify each customer of the debtor of their rights under this subsection; and (B) provide technical assistance to such customers to determine if they should make an election under paragraph (1)(B). (6) Treatment of certificates of deposit For purposes of this subsection, a certificate of deposit purchased by a person through an account with the debtor shall be treated as cash deposited and held by the debtor in an amount equal to the amount the person paid for the certificate of deposit, less any amounts paid to such person on the certificate of deposit. (7) Judicial review of certain SIPC determinations With respect to any person who is not permitted to make an election under this subsection because SIPC does not identify them as a customer of the debtor, such person may commence an action against SIPC in the appropriate United States district court to challenge the determination by SIPC that they are not a customer of the debtor. (8) Rulemaking SIPC may issue such regulations as may be necessary to carry out this subsection. (9) Debtor defined For purposes of this subsection, the term debtor means the broker or dealer that is the subject of the action brought under subsection (b). . (b) Application With respect to an ongoing action brought under section 11(b) of the Securities Investor Protection Act of 1970 ( 15 U.S.C. 78ggg(b) ) before the date of the enactment of this Act, the customer election available under section 11(c) of such Act may be made during the 180-day period beginning on the date of the enactment of this Act. (c) Rule of Construction A person’s qualification as a customer for purposes of section 11(c) of the Securities Investor Protection Act of 1970 shall have no effect on whether such person qualifies as a customer under any other provision of such Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr827ih/xml/BILLS-113hr827ih.xml |
113-hr-828 | I 113th CONGRESS 1st Session H. R. 828 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Price of Georgia (for himself, Mr. Sessions , Mr. Bucshon , Mr. Wilson of South Carolina , Mr. Westmoreland , Mr. Pompeo , Mr. Flores , Mr. Culberson , Mr. Gohmert , Mr. Jones , and Mr. Scalise ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To rescind $45 billion of unobligated discretionary appropriations, and for other purposes.
1. Short title This Act may be cited as the Decrease Spending Now Act . 2. Rescission of unobligated discretionary appropriations (a) In general Of the unobligated balances of discretionary appropriations on the date of enactment of this Act, $45,000,000,000 is rescinded. (b) Implementation (1) In general The Director of the Office of Management and Budget shall determine which appropriation accounts the rescission under subsection (a) shall apply to and the amount that each such account shall be reduced by pursuant to such rescission. (2) Report Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress listing the accounts reduced by the rescission in subsection (a) and the amounts rescinded from each such account. (c) Exceptions The rescission under subsection (a) shall not apply to the Department of Defense, the Department of Veterans Affairs, or the Social Security Administration. | https://www.govinfo.gov/content/pkg/BILLS-113hr828ih/xml/BILLS-113hr828ih.xml |
113-hr-829 | I 113th CONGRESS 1st Session H. R. 829 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. DelBene (for herself and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System.
1. Designation of wild and scenic river segments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (__) Illabot creek, washington (A) The 14.3-mile segment from the headwaters of Illabot Creek to the northern terminus as generally depicted on the map titled Illabot Creek Proposed WSR-Northern Terminus , dated September 15, 2009, to be administered by the Secretary of Agriculture as follows: (i) The 4.3-mile segment from the headwaters of Illabot Creek to the boundary of Glacier Peak Wilderness Area as a wild river. (ii) The 10-mile segment from the boundary of Glacier Peak Wilderness to the northern terminus as generally depicted on the map titled Illabot Creek Proposed WSR-Northern Terminus , dated September 15, 2009, as a recreational river. (B) Action required to be taken under subsection (d)(1) for the river segments designated under this paragraph shall be completed through revision of the Skagit Wild and Scenic River comprehensive management plan. . | https://www.govinfo.gov/content/pkg/BILLS-113hr829ih/xml/BILLS-113hr829ih.xml |
113-hr-830 | I 113th CONGRESS 1st Session H. R. 830 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Graves of Missouri (for himself, Mr. Nunnelee , Mrs. Hartzler , Mr. Hall , and Mr. Rohrabacher ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on the Judiciary , Ways and Means , Education and the Workforce , Oversight and Government Reform , Armed Services , Agriculture , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide immigration reform by securing America’s borders, clarifying and enforcing existing laws, and enabling a practical employer verification program.
1. Short title; table of contents (a) Short title This Act may be cited as the Secure America Through Verification and Enforcement Act of 2013 or as the SAVE Act of 2013 . (b) Table of Contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Securing America’s International Borders Subtitle A—Manpower, Technology, and Infrastructure Improvements Sec. 101. Manpower. Sec. 102. Technology. Sec. 103. Infrastructure. Sec. 104. Aerial vehicles and surveillance systems. Subtitle B—Strategies and Progress Reports for Securing America’s Borders Sec. 111. National strategy to secure the borders. Sec. 112. Accountable financing of a secure border initiative. Subtitle C—Rapid Response Measures Sec. 121. Deployment of border patrol agents. Sec. 122. Border patrol major assets. Sec. 123. Electronic equipment. Sec. 124. Personal equipment. Sec. 125. Authorization of appropriations. Subtitle D—Border Infrastructure and Technology Modernization Sec. 131. Definitions. Sec. 132. Expansion of commerce security programs. Subtitle E—Other Border Security Initiatives Sec. 141. Alien smuggling and terrorism prevention. Sec. 142. Border security on certain Federal land. Title II—Ending Unlawful Employment Subtitle A—Employee Verification Sec. 201. Mandatory employment authorization verification. Sec. 202. Monitoring and compliance. Sec. 203. Mandatory notification of SSN mismatches and multiple uses. Sec. 204. Establishment of electronic birth and death registration systems. Sec. 205. Penalty for failure to file correct information returns. Sec. 206. Authorization of appropriations. Subtitle B—Nondeductibility of Wages Paid to Unauthorized Aliens Sec. 211. Clarification that wages paid to unauthorized aliens may not be deducted from gross income. Title III—Enhancing and Utilizing Current Interior Enforcement Methods Sec. 301. Increase investigative efforts. Sec. 302. Increased oversight of agents. Sec. 303. Border relief grant program. Sec. 304. Authorization of appropriations. Sec. 305. Regulations. Sec. 306. Rewards program. Sec. 307. Increased detention facilities for aliens apprehended for illegal entry. Sec. 308. Additional Immigration Judgeships and law clerks. Sec. 309. Media campaign. I Securing America’s International Borders A Manpower, Technology, and Infrastructure Improvements 101. Manpower (a) Border patrol agents Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ; 118 Stat. 3734) is amended to read as follows: 5202. Increase in full-time border patrol agents (a) Annual increases The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty Border Patrol agents within the Department of Homeland Security (above the number of positions for which funds were appropriated for the preceding fiscal year), by— (1) 1,500 in fiscal year 2014; (2) 1,000 in fiscal year 2015; (3) 1,000 in fiscal year 2016; (4) 1,000 in fiscal year 2017; and (5) 500 in fiscal year 2018. (b) Allocations Of the Border Patrol agents hired under subsection (a), 80 percent shall be deployed along the southern border of the United States and 20 percent shall be deployed along the northern border of the United States. (c) Authorization of appropriations The necessary funds are authorized to be appropriated for each of fiscal years 2014 through 2018 to carry out this section. . (b) Investigative personnel (1) Additional investigative personnel for alien smuggling In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by paragraph (1), during each of the fiscal years 2014 through 2018, the Secretary shall, subject to the availability of appropriations, increase by not less than 350 the number of positions for personnel within the Department assigned to specifically investigate alien smuggling. (2) Additional funds and personnel for the tunnel task force Subject to appropriations, the fiscal year 2014 budget of the Tunnel Task Force, a joint force comprised of Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP), and Drug Enforcement Administration (DEA) personnel tasked to pinpoint tunnels that are utilized by drug lords and coyotes to smuggle narcotics, illegal aliens, and weapons, shall be increased by 50 percent above the fiscal year 2007 budget. Such increase shall be used to increase personnel, improve communication and coordination between participant agencies, upgrade technology, and offer cash rewards and appropriate security to individuals who provide the Tunnel Task Force with accurate information on existing tunnels that breach the international borders of the United States. (3) Authorization of appropriations The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section. (c) Recruitment of former members of the armed forces and members of reserve components of the armed forces (1) Requirement for program The Secretary, in conjunction with the Secretary of Defense, shall establish a program to actively recruit covered members (a member of a reserve component of the Armed Forces) or former members of the Armed Forces and National Guard to serve in United States Customs and Border Protection. (2) Report on recruitment incentives Not later than 90 days after the date of enactment of this Act, the Secretary and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report that shall include an assessment of the desirability and feasibility of offering an incentive to a covered member or former member of the Armed Forces for the purpose of encouraging such member to serve in United States Customs and Border Patrol and Immigration and Customs Enforcement— (A) the Secretary must provide a description of various monetary and non-monetary incentives considered for purposes of the report; and (B) the Secretary must provide an assessment of the desirability and feasibility of utilizing any such incentive. (3) Recommendations for recruitment incentives (A) Maximum student loan repayments for united states border patrol agents with a two-year commitment Section 5379(b) of title 5, United States Code, is amended by adding at the end the following: (4) In the case of an employee (otherwise eligible for benefits under this section) who is serving as a full-time active-duty United States Border Patrol agent within the Department of Homeland Security— (A) paragraph (2)(A) shall be applied by substituting $20,000 for $10,000 ; and (B) paragraph (2)(B) shall be applied by substituting $80,000 for $60,000 . . (B) Recruitment and relocation bonuses and retention allowances for personnel of the Department of Homeland Security The Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security. (4) Definition The term appropriate committees of Congress means— (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate. 102. Technology (a) Equipment Sharing between Department of Homeland Security and Department of Defense The Secretaries of these two departments shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration. (b) Report Not later than 6 months after the date of enactment of this Act (and then annually from that point), the Secretary and the Secretary of Defense shall submit to Congress a report that contains— (1) a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the potential risks to citizens of the United States and key foreign policy interests associated with the use of such equipment; (2) the plan developed under subsection (a) to increase the use of Department of Defense equipment to assist such surveillance activities; and (3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report. (c) Secure communication The Secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities— (1) among all Border Patrol agents conducting operations between ports of entry; (2) between Border Patrol agents and their respective Border Patrol stations; and (3) between all appropriate law enforcement agencies of the Department and State, local, and tribal law enforcement agencies. (d) Other Technology Upgrades The Secretary shall purchase and implement new technology to secure the borders, including, but not limited to drones, infrared cameras, sensors, mobile lighting units, radar and infrared heat. (e) Authorization of Appropriations The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section. 103. Infrastructure (a) Infrastructure Improvements Subject to the availability of appropriations, the Secretary shall construct or purchase— (1) office facilities to accommodate additional border patrol manpower; (2) sport utility vehicles for officers; (3) all-weather roads for better vehicle access and performance on remote and rugged terrain (road construction should be done in consultation with the owner of the land and take into account any environmental or other land-use issues that are relevant); (4) additional fencing (and aesthetic fencing in business districts) in urban areas of the border; and (5) vehicle barriers, to support, not replace, manpower, in rural and remote areas of the border necessary to achieve operational control of the international borders of the United States. (b) Authorization of appropriations The necessary funds are authorized to be appropriated to the Secretary for each of the fiscal years 2014 through 2018 to carry out this section. 104. Aerial vehicles and surveillance systems (a) Unmanned aerial vehicle pilot program During the 1-year period beginning on the date on which the report is submitted under section 102(b), the Secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States. (b) Unmanned aerial vehicles and associated infrastructure The Secretary shall acquire and maintain unmanned aerial vehicles and related equipment for use to patrol the international borders of the United States, including equipment such as— (1) additional sensors; (2) satellite command and control; and (3) other necessary equipment for operational support. (c) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary for each of the fiscal years 2014 and 2015 such sums as may be necessary to carry out subsection (b). (2) Availability of funds Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended. (d) Aerial surveillance program (1) In general In conjunction with the border surveillance plan developed under section 5201 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ; 8 U.S.C. 1701 note), the Secretary, not later than 90 days after the date of enactment of this Act, shall develop and implement a program to fully integrate and utilize aerial surveillance technologies, including unmanned aerial vehicles, to enhance the security of the international border between the United States and Canada and the international border between the United States and Mexico. The goal of the program shall be to ensure continuous monitoring of each mile of each border. (2) Assessment and consultation requirements In developing the program under this subsection, the Secretary shall— (A) consider current and proposed aerial surveillance technologies; (B) assess the feasibility and advisability of utilizing such technologies to address border threats, including an assessment of the technologies considered best suited to address respective threats; (C) consult with the Secretary of Defense regarding any technologies or equipment, which the Secretary may deploy along an international border of the United States; and (D) consult with the Administrator of the Federal Aviation Administration regarding safety, airspace coordination and regulation, and any other issues necessary for implementation of the program. (3) Authorization of Appropriations The necessary funds are authorized to be appropriated to carry out this subsection. (e) Integrated and Automated Surveillance Program (1) Requirement for program Subject to the availability of appropriations, the Secretary shall establish a program to procure additional unmanned aerial vehicles, drones, cameras, poles, sensors, satellites, radar coverage, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a virtual fence along such international borders to provide a barrier to illegal immigration. (2) Program components The Secretary shall ensure, to the maximum extent feasible, that— (A) the technologies utilized in the Integrated and Automated Surveillance Program are integrated and function cohesively in an automated fashion, including the integration of motion sensor alerts and cameras in a manner where a sensor alert automatically activates a corresponding camera to pan and tilt in the direction of the triggered sensor; (B) cameras utilized in the program do not have to be manually operated; (C) such camera views and positions are not fixed; (D) surveillance video taken by such cameras is able to be viewed at multiple designated communications centers; (E) a standard process is used to collect and record, catalog, and report intrusion and response data collected under the Program; (F) future remote surveillance technology investments and upgrades for the program can be integrated with existing systems; (G) performance measures are developed and applied that can evaluate whether the program is providing desired results and increasing response effectiveness in monitoring and detecting illegal intrusions along the international borders of the United States; (H) plans are developed under the program to streamline site selection and site validation processes to minimize delays of installing surveillance technology infrastructure; (I) standards are developed under the program to expand the shared use of existing private and governmental structures to install remote surveillance technology infrastructure where possible; (J) standards are developed under the program to identify and deploy the use of nonpermanent or mobile surveillance platforms that will increase the Secretary’s mobility and ability to identify illegal border intrusions; and (K) Border Patrol agents respond to each reported intrusion that appears to involve aliens or smugglers. (3) Evaluation of contractors (A) Requirement for standards The Secretary shall develop appropriate standards to evaluate the performance of any contractor providing goods or services to carry out the Integrated and Automated Surveillance Program. (B) Review by the Comptroller General of the United States (i) In general The Comptroller General of the United States shall review each new contract related to the Program and should report to Congress regarding contracts with a value of more than $5,000,000 in a timely manner, to determine whether such contract fully complies with applicable cost requirements, performance objectives, program milestones, and schedules. (ii) Reports The Comptroller General of the United States shall report the findings of each review carried out under clause (i) to the Secretary in a timely manner. (4) Authorization of appropriations The necessary funds are authorized to be appropriated to carry out this subsection. B Strategies and Progress Reports for Securing America’s Borders 111. National strategy to secure the borders (a) Requirement for national strategy The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a national strategy to secure the borders that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States by December 31, 2019. (b) Content The national strategy to secure the borders shall include the following: (1) An assessment of the threats posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States. (2) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken— (A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; and (B) to protect critical infrastructure at or near such ports of entry or borders. (3) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities. (4) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies. (5) A description of the border security roles and missions of Federal Government, State government, local government, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner. (6) An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, refugees and other vulnerable populations, as well as the effects on Americans living in the border region and local, State, and Federal law enforcement officers working in the border region. (7) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States. (8) A description of ways to ensure that the free flow of lawful travel and commerce is not unreasonably diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States. (9) An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States. (10) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such strategy. (11) A schedule for the implementation of the security measures described in said strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated. (c) Consultation In developing the national strategy for border security, the Secretary shall consult with representatives of— (1) State, local, and tribal governmental authorities with responsibility for locations along the international land and maritime borders of the United States; and (2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security. (d) Coordination The national strategy for border security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004. (e) Submission to Congress (1) Strategy Not later than December 31, 2014, the Secretary shall submit to Congress the national strategy for border security. (2) Updates The Secretary shall submit to Congress any update of such strategy that the Secretary determines is necessary, not later than 30 days after such update is developed. (f) Immediate Action Nothing in this section may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States. 112. Accountable financing of a secure border initiative (a) Comptroller General of the United States (1) Action If the Comptroller General of the United States becomes aware of any improper conduct or wrongdoing in the course of conducting a contract review under the Secure Border Initiative, the Comptroller General of the United States shall, as expeditiously as practicable, refer information relating to such improper conduct or wrongdoing to Congress and to the Secretary of Homeland Security, or to another appropriate official of the Department of Homeland Security, who shall determine whether to temporarily suspend the contractor from further participation in the Secure Border Initiative or make said contract null and void. (2) Report Upon the completion of each review described in paragraph (1), the Comptroller General of the United States shall submit to Congress and to the Secretary a report containing the findings of the review, including findings regarding— (A) cost overruns; (B) significant delays in contract execution; (C) lack of rigorous departmental contract management; (D) insufficient departmental financial oversight; (E) bundling that limits the ability of small businesses to compete; or (F) other high-risk business practices. (b) Reports by the Secretary (1) In general Not later than 30 days after the receipt of each report required under subsection (a)(2), the Secretary shall submit a report to the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate, that describes the steps the Secretary has taken, or plans to take, to address the problems identified in such report. (2) Contracts with foreign companies Not later than 60 days after the initiation of each contract action with a company whose headquarters are not based in the United States, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, regarding the Secure Border Initiative. (c) Reports on United States Ports Not later than 60 days after receiving information regarding a proposed purchase of a contract to manage the operations of a United States port by a foreign entity, the Secretary of Homeland Security shall submit a report to Congress that describes— (1) the proposed purchase; (2) any security concerns related to the proposed purchase; and (3) the manner in which such security concerns have been addressed. C Rapid Response Measures 121. Deployment of border patrol agents (a) Emergency Deployment of Border Patrol Agents (1) In general If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional agents of the Border Patrol (referred to in this subtitle as agents ) from the Secretary, the Secretary, subject to paragraphs (2) and (3), may provide the State with not more than 1,000 additional agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border into the United States at any location other than an authorized port of entry. (2) Consultation Upon receiving a request for agents under paragraph (1), the Secretary, after consultation with the President, shall grant such request to the extent that providing such agents will not significantly impair the Department’s ability to provide border security for any other State. (3) Collective bargaining Emergency deployments under this subsection shall be made in accordance with all applicable collective bargaining agreements and obligations under current law. (b) Flexible Deployment of Border Patrol Agents The Secretary shall ensure that agents are not precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances if the temporary use of fixed deployment positions is necessary. 122. Border patrol major assets (a) Control of Department of Homeland Security Assets The Department of Homeland Security shall have exclusive administrative and operational control over all the assets utilized in carrying out its mission, including aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets. (b) Helicopters and Power Boats (1) Helicopters The Secretary shall increase the number of helicopters under the control of the Border Patrol and Immigration and Customs Enforcement (ICE). The Secretary shall ensure that appropriate types and quantities of helicopters are procured for the various missions being performed. (2) Power boats The Secretary shall increase the number of power boats under the control of the Border Patrol. The Secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements. (3) Use and training The Secretary shall— (A) establish an overall policy on how the helicopters and power boats procured under this subsection will be used; and (B) implement training programs for the agents who use such assets, including safe operating procedures and rescue operations. (c) Motor Vehicles (1) Quantity The Secretary shall establish a fleet of motor vehicles appropriate for use by the Border Patrol that will permit a ratio of not less than 1 police-type vehicle for every 4 agents with safety glass and other protections. The Secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the Border Patrol. (2) Features All motor vehicles purchased for the Border Patrol shall— (A) be appropriate for the mission of the Border Patrol; and (B) have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress. 123. Electronic equipment (a) Portable Computers The Secretary shall ensure that each police-type motor vehicle in the fleet of the Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the Border Patrol. (b) Radio Equipment The Secretary shall augment the existing radio communications system so that all law enforcement personnel, including Immigration and Customs Enforcement, working in each area where Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress. (c) Handheld Global Positioning System Devices The Secretary shall ensure that Border Patrol agents are issued a state-of-the-art handheld global positioning system device for navigational purposes. (d) Night Vision Equipment The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device. 124. Personal equipment (a) Body Armor The Secretary shall ensure that every agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Enough body armor must be purchased to cover every agent in the field. (b) Weapons The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face, and that all agents receive appropriate training in the use of such weapons. (c) Uniforms The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as such items become worn or unserviceable or no longer fit properly. 125. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2014 through 2018 to carry out this subtitle. D Border Infrastructure and Technology Modernization 131. Definitions In this subtitle: (1) Commissioner The term Commissioner means the Commissioner of United States Customs and Border Protection. (2) Northern border The term northern border means the international border between the United States and Canada. (3) Southern border The term southern border means the international border between the United States and Mexico. 132. Expansion of commerce security programs (a) Customs-Trade Partnership Against Terrorism (1) In general Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Secretary, shall develop a plan to expand the programs of the Customs-Trade Partnership Against Terrorism established pursuant to section 211 of the SAFE Port Act ( 6 U.S.C. 961 ), including adding additional personnel for such programs, along the northern border and southern border, including the following programs: (A) The Business Anti-Smuggling Coalition. (B) The Carrier Initiative Program. (C) The Americas Counter Smuggling Initiative. (D) The Container Security Initiative established pursuant to section 205 of the SAFE Port Act (6 U.S.C. 945). (E) The Free and Secure Trade Initiative. (F) Other industry partnership programs administered by the Commissioner. (b) Demonstration Program Not later than 180 days after the date of enactment of this Act, the Commissioner shall establish a demonstration program to develop a cooperative trade security system to improve supply chain security. E Other Border Security Initiatives 141. Alien smuggling and terrorism prevention (a) Checks against terrorist watchlist The Secretary of Homeland Security shall, to the extent practicable, check against all available terrorist watchlists those persons suspected of alien smuggling and smuggled individuals who are interdicted at the land, air, and sea borders of the United States. (b) Strengthening prosecution and punishment of alien smugglers Section 274(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) ) is amended— (1) by amending the subsection heading to read as follows: Bringing In, Harboring, and Smuggling of Unlawful and Terrorist Aliens.— ; and (2) by amending paragraphs (1) through (2) to read as follows: (1) (A) Whoever, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly— (i) brings that individual to the United States in any manner whatsoever regardless of any future official action which may be taken with respect to such individual; (ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States; (iii) transports or moves that individual in the United States, in furtherance of their unlawful presence; or (iv) harbors, conceals, or shields from detection the individual in any place in the United States, including any building or any means of transportation; or attempts or conspires to do so, shall be punished as provided in subparagraph (C). (B) Whoever, knowing that an individual is an alien, brings that individual to the United States in any manner whatsoever at a place, other than a designated port of entry or place designated by the Secretary of Homeland Security, regardless of whether such individual has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such individual, or attempts or conspires to do so, shall be punished as provided in subparagraph (C). (C) Whoever commits an offense under this paragraph shall, for each individual in respect to whom such a violation occurs— (i) if the offense results in the death of any person, be fined under title 18, United States Code, and subject to the penalty of death or imprisonment for any term of years or for life; (ii) if the offense involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 of title 18, United States Code, without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under title 18, United States Code, or imprisoned for any term of years or life, or both; (iii) if the offense involves an individual who the defendant knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)), be fined under title 18, United States Code, or imprisoned not more than 30 years, or both; (iv) if the offense results in serious bodily injury (as defined in section 1365 of title 18, United States Code) or places in jeopardy the life of any person, be fined under title 18, United States Code, or imprisoned not more than 20 years, or both; (v) if the offense is a violation of paragraph (1)(A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under title 18, United States Code, and imprisoned, in the case of a first or second violation, not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years; (vi) if the offense is a violation of paragraphs (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the purpose of profit, commercial advantage, or private financial gain, be fined under title 18, United States Code, or imprisoned not more than 10 years, or both; (vii) if the offense involves the transit of the defendant’s spouse, child, sibling, parent, grandparent, or niece or nephew, and the offense is not described in any of clauses (i) through (vi), be fined under title 18, United States Code, or imprisoned not more than 1 year, or both; and (viii) in any other case, be fined under title 18, United States Code, or imprisoned not more than 5 years, or both. (2) (A) There is extraterritorial jurisdiction over the offenses described in paragraph (1). (B) In a prosecution for a violation of, or an attempt or conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no defense based on necessity can be raised unless the defendant— (i) as soon as practicable, reported to the Coast Guard the circumstances of the necessity, and if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and (ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement set forth in clause (i) is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore. (C) It is not a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph (1)(A)(ii) (except if a person recruits, encourages, or induces an alien to come to or enter the United States), for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year. (D) For purposes of this paragraph and paragraph (1)— (i) the term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and (ii) the term lawful authority means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws and does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved. . (c) Maritime law enforcement (1) Penalties Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows: (b) Whoever intentionally violates this section shall— (1) if the offense results in death or involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both; (2) if the offense results in serious bodily injury (as defined in section 1365 of this title) or transportation under inhumane conditions, be fined under this title, imprisoned not more than 15 years, or both; (3) if the offense is committed in the course of a violation of section 274 of the Immigration and Nationality Act (alien smuggling); chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) of this title; chapter 705 (maritime drug law enforcement) of title 46, or title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 220), be fined under this title or imprisoned for not more than 10 years, or both; and (4) in any other case, be fined under this title or imprisoned for not more than 5 years, or both. . (2) Limitation on necessity defense Section 2237(c) of title 18, United States Code, is amended— (A) by inserting (1) after (c) ; and (B) by adding at the end the following: (2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant— (A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel; (B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and (C) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien, as that term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement of subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore. . (3) Definition Section 2237(e) of title 18, United States Code, is amended— (A) by striking and at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ; and ; and (C) by adding at the end the following: (6) the term transportation under inhumane conditions means the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported. . (d) Amendment to the sentencing guidelines (1) In general Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding. (2) Considerations In carrying out this section, the Sentencing Commission, shall— (A) consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in subsection (a) that— (i) involve a pattern of continued and flagrant violations; (ii) are part of an ongoing commercial organization or enterprise; (iii) involve aliens who were transported in groups of 10 or more; (iv) involve the transportation or abandonment of aliens in a manner that endangered their lives; or (v) involve the facilitation of terrorist activity; and (B) consider cross-references to the guidelines for Criminal Sexual Abuse and Attempted Murder. (3) Expedited procedures The Commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. 142. Border security on certain Federal land (a) Definitions In this section: (1) Protected land The term protected land means land under the jurisdiction of the Secretary concerned. (2) Secretary concerned The term Secretary concerned means— (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (b) Border Protection Strategy The Secretary, the Secretary of the Interior, and the Secretary of Agriculture shall jointly develop a border protection strategy that supports the border security needs of the United States in the manner that best protects— (1) units of the National Park System; (2) National Forest System land; (3) land under the jurisdiction of the United States Fish and Wildlife Service and Bureau of Land Management; and (4) other relevant land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. (c) Additional uniformed law enforcement officers and special agents of the Department of the Interior There are authorized to be appropriated to the Secretary of the Interior for employment of uniformed law enforcement officers and special agents, in addition to the number of such officers and agents employed immediately before the enactment of this Act, such sums as may be necessary for— (1) 22 such officers of the United States Fish and Wildlife Service, including— (A) 4 for California; (B) 9 for Arizona; (C) 2 for New Mexico; and (D) 7 for Texas; (2) 2 such agents of the United States Fish and Wildlife Service, for Texas; (3) 22 such officers of the National Park Service, including— (A) 13 for Arizona; and (B) 9 for Texas; (4) 2 such agents of the National Park Service, for Texas; (5) 19 such officers of the Bureau of Land Management, including— (A) 5 for California; (B) 4 for Arizona; (C) 4 for New Mexico; and (D) 6 for Texas; (6) 2 such agents of the Bureau of Land Management, including— (A) 1 for California; (B) 2 for Arizona; and (C) 1 for New Mexico; and (7) one such agent of the Bureau of Indian Affairs, for Texas. (d) Additional Special Assistant United States Attorney There are authorized to be appropriated to the Attorney General such sums as may be necessary to increase by 1 the number of special assistant United States attorneys in the district of Arizona dedicated to prosecution of cases generated by the Secretary of the Interior, in addition to the number of such attorneys appointed immediately before the enactment of this Act. II Ending Unlawful Employment A Employee Verification 201. Mandatory employment authorization verification (a) Making E-Verify Program permanent Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is amended by adding before the period at the end of the last sentence the following , except that the E-Verify Program described in section 403(a) shall be a permanent program . (b) Mandatory use of E-Verify system (1) In general Subject to paragraphs (2) and (3), every person or other entity that hires one or more individuals for employment in the United States shall verify through the E-Verify Program, established by section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1324a note), that each such individual is authorized to work in the United States. The Secretary of Homeland Security shall ensure that verification by means of a toll-free telephone line is an available option in complying with the preceding sentence. (2) Select entities required to use e-verify program immediately The following entities must satisfy the requirement in paragraph (1) by not later than one year after the date of the enactment of this Act: (A) Federal agencies Each department and agency of the Federal Government. (B) Federal contractors A contractor that— (i) has entered into a contract with the Federal Government to which section 2(b)(1) of the Service Contract Act of 1965 ( 41 U.S.C. 351(b)(1) ) applies, and any subcontractor under such contract; or (ii) has entered into a contract exempted from the application of such Act by section 6 of such Act ( 41 U.S.C. 356 ), and any subcontractor under such contract. (C) Large employers An employer that employs more than 250 individuals in the United States. (3) Phasing-in for other employers (A) Two years for employers of 100 or more Entities that employ 100 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than two years after the date of the enactment of this Act. (B) Three years for employers with 30 or more employees All entities that employ 30 or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than three years after the date of the enactment of this Act. (C) Four years for all employers All entities that employ one or more individuals in the United States must satisfy the requirement in paragraph (1) by not later than four years after the date of the enactment of this Act. (4) Verifying employment authorization of current employees Every person or other entity that employs one or more persons in the United States shall verify through the E-Verify program by not later than four years after the date of the enactment of this Act that each employee is authorized to work in the United States. (5) Defense In accordance with section 274A(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a)(3) ), a person or entity that establishes that it has complied in good faith with the requirements of section 274A(b) of such Act with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated section 274A(a)(1)(A) of such Act with respect to such hiring, recruiting or referral. Furthermore an employer who has complied with the requirements in paragraphs (1) and (4) of this Act shall not be liable for hiring an unauthorized alien, if— (A) such hiring occurred due to an error in the E-Verify program that was unknown to the employer at the time of such hiring; and (B) the employer terminates the employment of the alien upon being informed of the error. (6) Sanctions for noncompliance The failure of an employer to comply with the requirements in paragraphs (1) or (4) shall— (A) be treated as a violation of section 274A(a)(1)(B) with respect to each offense; and (B) create a rebuttable presumption that the employer has violated section 274A(a)(1)(A). (7) Voluntary participation of employers not immediately subject to requirement Nothing in this subsection shall be construed as preventing a person or other entity that is not immediately subject to the requirement of paragraph (1) pursuant to paragraph (2) or (3) from voluntarily using the E-Verify program to verify the employment authorization of new hires or current employees. (8) State interference No State may prohibit a person or other entity from using the E-Verify program to verify the employment authorization of new hires or current employees. (9) E- V erify study (A) Findings The Congress finds as follows: (i) A majority of the 0.4 percent of tentative non-confirmations that are issued within E-Verify to work authorized individuals occur due to incorrect or outdated information in the databases utilized by the system. For instance, an individual may have changed his or her name legally but has not updated their Social Security information to account for this change. This person would likely receive a tentative non-confirmation if their work eligibility were checked using E-Verify. (ii) E-Verify already provides employers and employees with simple and clear instructions on how inconsistencies in data can be corrected in order to verify the work eligibility of an employee. However, giving an individual the ability to verify his or her own employment eligibility in advance of an official E-Verify query by an employer would allow that individual to correct data errors at his or her convenience. This may also serve to lessen peak demand on Social Security Administration field offices. (B) Study The Government Accountability Office shall conduct a study to examine the potential of a secure method of allowing individuals to check their own work eligibility, so that they can address inconsistencies in their personal data that might otherwise cause them to be issued a tentative non-confirmation by E-Verify. The study shall be published within 6 months after the date of enactment of this Act. (10) Document fraud study The Government Accountability Office shall conduct a study to examine methods to combat document fraud, theft and forgery in the use and expansion of the E-Verify program. The report shall make recommendations to the appropriate agencies on ways to reduce instances of document fraud, theft and forgery. The report shall be published within six months after enactment of this Act. 202. Monitoring and compliance (a) Enhancing Monitoring and Compliance of E-Verify The Secretary of the Department of Homeland Security is authorized take the following actions to increase the capability and effectiveness of the E-Verify employer Monitoring and Compliance team within Citizenship and Immigration Services: (1) Increase by no more than 6 the number of fulltime employees dedicated to the development of thresholds and algorithms and quality assurance procedures for the monitoring of employer adherence to the conditions that are currently outlined in the E-Verify Memorandum of Understanding. (2) Increase as necessary the number of fulltime employees dedicated to outreach to employers using E-Verify and the creation of informational tools and corrective action procedures that will provide compliance assistance to these employers. These employees may also be utilized in the operation of the toll free compliance assistance call center. (3) Establish procedures for the identification of cases of potential fraud or misuse of E-Verify. (4) Establish procedures for the sharing of information on these selected cases with Immigration and Customs Enforcement for further investigation as necessary. (5) Report to Congress within one year of the date of enactment of this Act on the activities of the Office of Monitoring and Compliance which shall include— (A) a description of the types of fraud and misuse being detected by the thresholds and algorithms used for employee monitoring within the Office; (B) the number and type of cases flagged by the Office and referred to Immigration and Customs Enforcement, as well as the outcome of these cases; and (C) an assessment of the number and the nature of calls received by the compliance assistance call center. 203. Mandatory notification of SSN mismatches and multiple uses (a) Notification of multiple uses of individual Social Security numbers Prior to crediting any individual with concurrent earnings from more than one employer, the Commissioner of Social Security shall notify the individual that earnings from two or more employers are being reported under the individual’s Social Security account number (SSN). Such notice shall include, at a minimum— (1) the name and location of each employer reporting benefits for an individual; (2) a warning that any inaccuracies in this information could indicate that the individual’s SSN is being fraudulently used by another individual; (3) an explanation of any potential risk that an individual is subject to if his or her SSN has been used or is being used by someone else; and (4) an SSA telephone number that an individual may call to report inaccuracies in the use of their SSN. (b) Information sharing with the Department of Homeland Security (1) Not later than 180 days following the date of enactment of this act, the Commissioner of Social Security shall promulgate regulations in accord with section 1306, title 42 (42 U.S.C. 1306), to require that information regarding all multiple use notifications that lead to the identification of an unauthorized user of a Social Security account number be shared with the Secretary of the Department of Homeland Security on a timely basis. (2) Information to be shared with the Secretary shall include, at a minimum, the name and mailing address of all employees who are the subject of an unresolved mismatch notification or who are unauthorized users of another individual’s Social Security account number. The names and addresses of the employers of these employees must also be provided. (3) The Secretary shall report to the Congress annually the number of cases that the Commissioner of Social Security has shared with the Department of Homeland Security regarding unauthorized users of a Social Security number and the actions that have been taken to resolve these cases. The first report shall be presented to Congress 1 year after the passage of this Act. 204. Establishment of electronic birth and death registration systems In consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, the Secretary shall take the following actions: (1) Work with the States to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration systems. (2) Coordinate requirements for such systems to align with a national model. (3) Ensure that fraud prevention is built into the design of electronic vital registration systems in the collection of vital event data, the issuance of birth certificates, and the exchange of data among government agencies. (4) Ensure that electronic systems for issuing birth certificates, in the form of printed abstracts of birth records or digitized images, employ a common format of the certified copy, so that those requiring such documents can quickly confirm their validity. (5) Establish uniform field requirements for State birth registries. (6) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of Defense that will result in the sharing of data, with the States and the Social Security Administration, regarding deaths of United States military personnel and the birth and death of their dependents. (7) Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of State to improve registration, notification, and the sharing of data with the States and the Social Security Administration, regarding births and deaths of United States citizens abroad. (8) Not later than 3 years after the date of establishment of databases provided for under this section, require States to record and retain electronic records of pertinent identification information collected from requestors who are not the registrants. (9) Not later than 6 months after the date of the enactment of this Act, submit to Congress a report on whether there is a need for Federal laws to address penalties for fraud and misuse of vital records and whether violations are sufficiently enforced. 205. Penalty for failure to file correct information returns (a) In general Section 6721 of the Internal Revenue Code of 1986 ( 26 U.S.C. 6721 ) is amended by adding at the end the following: (g) Most egregious noncompliant employers The Secretary shall assess the maximum allowable penalties on 100 percent of the employers designated in any tax year by the Social Security Administration as the most egregious noncompliant employers. (h) Employment of alien not authorized To be employed Notwithstanding any other provision in this section, in the case of a failure described in subsection (a)(2) with respect to any person employing an alien not authorized to be so employed, the penalty under this section shall be determined in accordance with the following table: In the case of— Not less than— Not more than— The first offense $2,500 $5,000 The second offense $7,500 $10,000 The third offense $25,000 $40,000. . (b) Effective date The amendment made by subsection (a) shall apply to with respect to information returns required to be filed for years beginning after December 31, 2012. 206. Authorization of appropriations There are authorized to be appropriated such sums as may be required to carry out this subtitle. B Nondeductibility of Wages Paid to Unauthorized Aliens 211. Clarification that wages paid to unauthorized aliens may not be deducted from gross income (a) In general Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph: (4) Wages paid to or on behalf of unauthorized aliens (A) In general No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). (B) Wages For the purposes of this paragraph, the term wages means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash. (C) Safe harbor If a person or other entity is participating in the E-Verify Program described in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee. . (b) Six-Year limitation on assessment and collection Subsection (c) of section 6501 of such Code (relating to exceptions) is amended by adding at the end the following new paragraph: (12) Deduction claimed for wages paid to unauthorized aliens In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed. . (c) Use of documentation for enforcement purposes Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— (1) in subparagraph (b)(5), by inserting , section 162(c)(4) of the Internal Revenue Code of 1986, after enforcement of this Act ; (2) in subparagraph (d)(2)(F), by inserting , section 162(c)(4) of the Internal Revenue Code of 1986, after enforcement of this Act ; and (3) in subparagraph (d)(2)(G), by inserting section 162(c)(4) of the Internal Revenue Code of 1986 or after or enforcement of . (d) Availability of information (1) In general The Commissioner of Social Security, the Secretary of the Department of Homeland Security, and the Secretary of the Treasury, shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter, any information in the earnings suspense file, and any information in the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986. (2) Disclosure by Secretary of the Treasury (A) In general Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (9) Payment of wages to unauthorized aliens Upon request from the Commissioner of the Social Security Administration or the Secretary of the Department of Homeland Security, the Secretary shall disclose to officers and employees of such Administration or Department— (A) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section 162(c)(4), and (B) taxpayer identity information of individuals to whom such wages were paid, for purposes of carrying out any enforcement activities of such Administration or Department with respect to such employers or individuals. . (B) Recordkeeping Paragraph (4) of section 6103(p) of such Code is amended— (i) by striking (5), or (7) in the matter preceding subparagraph (A) and inserting (5), (7), or (9) , and (ii) by striking (5) or (7) in subparagraph (F)(ii) and inserting (5), (7), or (9) . (e) Effective date (1) Except as provided in paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2013. III Enhancing and Utilizing Current Interior Enforcement Methods 301. Increase investigative efforts (a) Federal agents An increase of personnel and resources will be needed to successfully enforce U.S. immigration laws and punish those who violate them. To this end, sufficient funds are authorized to be appropriated to employ 1,150 additional Immigration and Customs Enforcement Agents. (b) Criminal alien program (CAP) An additional 140 CAP officers are authorized to identify and remove criminal aliens encountered in Federal, State, and local detention facilities. (c) State and local law enforcement support The Secretary of Homeland Security shall take necessary steps to allow for the training of a minimum of 250 State and local law enforcement officers in Federal immigration law enforcement procedure. This would be an expansion of an already active and successful program. 302. Increased oversight of agents To ensure the ability of Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) to enforce integrity and ethical behavior throughout their expanded ranks, the Secretary of Homeland Security shall add no fewer than 8 Special Agents to the Office of Professional Responsibility. 303. Border relief grant program (a) In General From amounts made available under section 304, the Secretary of Homeland Security may make grants to— (1) sheriffs’ offices of counties any part of which is within 25 miles of the southern border of the United States; and (2) police departments serving a city, town, or other political subdivision in a county any part of which is within 25 miles of the southern border of the United States (including tribal police departments serving a community any part of which is within 25 miles of such border). (b) Use of Funds (1) In general Grant funds received under subsection (a) may be used for the following: (A) To conduct law enforcement operations in order to enforce criminal laws, prevent and punish criminal activity, and protect the lives, property, and security of the people within the jurisdiction of the grant recipient. (B) To transfer aliens detained or in the custody of the grant recipient who are not lawfully present in the United States to appropriate Federal law enforcement officials. (C) To enforce State and Federal laws relating to controlled substance trafficking and enforce other State and Federal criminal laws. (2) Payment of costs Use of funds under paragraph (1) shall include payment for costs of— (A) hiring, equipping, training, and otherwise controlling the operations and deployment of, law enforcement officials engaged in duties described in paragraph (1), as well as the costs of paying overtime to such officials; and (B) detaining, housing, and transporting aliens who are not lawfully present in the United States, and who are taken into custody by the grant recipient, until the aliens are transferred to appropriate Federal law enforcement officials. (3) Detention facilities In accordance with paragraph (2)(B), grant funds received under subsection (a) may be used for the construction, maintenance, and operation of detention facilities to detain aliens who are unlawfully present in the United States, except that not more than 20 percent of such funds may be used for the construction or renovation of detention or similar facilities. (c) Application (1) In general Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary of Homeland Security at such time, in such manner, and accompanied by such information as the Secretary of Homeland Security may reasonably require. (2) Contents Each application submitted pursuant to paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Secretary of Homeland Security determines to be essential to ensure compliance with the requirements of this section. 304. Authorization of appropriations There are authorized to be appropriated to the Secretary of Homeland Security to carry out this section $200,000,000 for fiscal year 2014 and each succeeding fiscal year. 305. Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue regulations to carry out this Act. 306. Rewards program (a) Rewards program Section 274 ( 8 U.S.C. 1324 ) is amended by adding at the end the following: (f) Rewards program (1) In general There is established in the Department of Homeland Security a program for the payment of rewards to carry out the purposes of this section. (2) Purpose The rewards program shall be designed to assist in the elimination of commercial operations to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully and to assist in the investigation, prosecution, or disruption of a commercial alien smuggling operation. (3) Administration The rewards program shall be administered by the Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State. (4) Rewards authorized In the sole discretion of the Secretary of Homeland Security, such Secretary, in consultation, as appropriate, with the Attorney General and the Secretary of State, may pay a reward to any individual who furnishes information or testimony leading to— (A) the arrest or conviction of any individual conspiring or attempting to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or to commit an act of commercial alien smuggling involving the transportation of aliens; (B) the arrest or conviction of any individual committing such an act; (C) the arrest or conviction of any individual aiding or abetting the commission of such an act; (D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States, or commercial alien smuggling operations, in whole or in significant part; or (E) the identification or location of an individual who holds a key leadership position in an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or a commercial alien smuggling operation involving the transportation of aliens. (5) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph shall remain available until expended. (6) Ineligibility An officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing. (7) Protection measures If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that an individual who furnishes information or testimony described in paragraph (4), or any spouse, child, parent, son, or daughter of such an individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. (8) Limitations and certification (A) Maximum amount No reward under this subsection may exceed $100,000. (B) Approval Any reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security. (C) Certification for payment Any reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security. (9) Publicity The Department of Homeland Security shall be responsible for developing and implementing an advertising strategy to make known the rewards described within this section in order to solicit informants. . 307. Increased detention facilities for aliens apprehended for illegal entry (a) In general The Secretary of Homeland Security shall make arrangements for the availability of 8,000 additional beds for detaining aliens taken into custody by immigration officials. (b) Implementation Efforts shall be made to— (1) contract private facilities whenever possible to promote efficient use and to limit the Federal Government’s maintenance of and liability for additional infrastructure; (2) utilize State and local facilities for the provision of additional beds; and (3) utilize BRAC facilities or active duty facilities. (c) Construction The Department of Homeland Security shall construct facilities as necessary to meet the remainder of the 8,000 new beds to be provided. (d) Responsibilities The Secretary of Homeland Security shall be responsible for providing humane conditions, health care, nutrition, and psychological services, as well as education for minors. (e) Authorization All funds necessary to accomplish the directives within this section are authorized to be appropriated. 308. Additional Immigration Judgeships and law clerks (a) Judgeships The Attorney General shall create and fill twenty additional Immigration Judgeships within 6 months after the date of enactment of this Act. (b) Clerkships The Attorney General shall also ensure that for every two Immigration Judges there shall be no fewer than one law clerk dedicated to assisting Immigration Judges. 309. Media campaign (a) In general The Secretary of Labor and the Secretary of Homeland Security shall develop strategies to inform the public of changes in immigration policies created by provisions in this legislation. (b) Notification of changes to employment verification process The Secretary of Labor shall employ, at his or her discretion, a combination of multilingual print, television, Internet, and radio media to notify employers of changes to the employment verification process. Announcements should encourage compliance with new legislation and should explain penalties for noncompliance with provisions within this Act. (c) Multilingual media campaign The Secretary of Homeland Security shall also develop a multilingual media campaign explaining the extent of this legislation, the timelines therein, and the penalties for noncompliance with this Act. Announcements should be targeted toward undocumented aliens and should emphasize— (1) provisions in this Act that enhance border security and interior enforcement; (2) punishment for apprehension and forced removal of undocumented aliens; and (3) legal methods of reentering the United States, including temporary work visas. (d) Cooperation with other governments The Secretary of Homeland Security shall make all reasonable attempts to cooperate with the governments of the countries from which the largest number of undocumented aliens originate in the implementation of this media campaign. | https://www.govinfo.gov/content/pkg/BILLS-113hr830ih/xml/BILLS-113hr830ih.xml |
113-hr-831 | I 113th CONGRESS 1st Session H. R. 831 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Harper (for himself, Mr. Alexander , Mr. Bishop of Georgia , Mr. Conyers , Mr. Ellison , Mr. Hastings of Florida , Ms. Moore , Ms. Norton , Mr. Rush , Mr. Tonko , Mr. Young of Alaska , and Mr. Clyburn ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To phase out special wage certificates under the Fair Labor Standards Act of 1938 under which individuals with disabilities may be employed at subminimum wage rates.
1. Short title This Act may be cited as the Fair Wages for Workers with Disabilities Act of 2013 . 2. Findings Congress finds the following: (1) Current Federal law allows the Secretary of Labor to grant special wage certificates to entities that provide employment to workers with disabilities, allowing such entities to pay their disabled workers at rates that are lower than the Federal minimum wage. (2) The practice of paying workers with disabilities less than the Federal minimum wage dates back to the 1930s, when there were virtually no employment opportunities for disabled workers in the mainstream workforce. (3) Today, advancements in vocational rehabilitation, technology, and training provide disabled workers with greater opportunities than in the past, and the number of such workers in the national workforce has dramatically increased. (4) Employees with disabilities, when provided the proper rehabilitation services, training, and tools, can be as productive as nondisabled employees. Even those individuals that are considered most severely disabled have been able to successfully obtain employment earning minimum wage or higher. (5) While some employers possessing special wage certificates claim to provide rehabilitation and training to disabled workers to prepare them for competitive employment, the fact that such employers can pay their workers less than the Federal minimum wage gives them an incentive to exploit the cheap labor provided by their disabled workers rather than to prepare those workers for integrated employment in the mainstream economy. (6) Many employers with a history of paying subminimum wages benefit from philanthropic donations and preferred status when bidding on Federal contracts. Yet they claim that paying minimum wage to their employees with disabilities would result in lack of profitability and forced reduction of their workforces. (7) Other employers, recognizing that the payment of subminimum wages is in fact exploitation of disabled workers, are now paying the Federal minimum wage, or higher, to their employees with disabilities without reducing their workforces, while still maintaining their profitability. For example, National Industries for the Blind (NIB) agencies exploited their blind employees for years through the payment of subminimum wages, claiming they could not maintain profitability otherwise. Now, All NIB associated agencies are committed to the NIB Board policy to pay employees, whose only disability is blindness, at or above the Federal minimum wage or their state minimum wage, whichever is highest. (8) The Wage and Hour Division of the Department of Labor is charged with the responsibility for oversight of these special wage certificates. The results from thorough investigations conducted by the Government Accountability Office— Stronger Federal Efforts Needed for Providing Employment Opportunities and Enforcing Labor Standards in Sheltered Workshops, Report to the Congress, Comptroller General of the United States (HRD–81–99) and Report to Congressional Requesters, Special Wage Program: Centers Offer Employment and Support Services to Workers With Disabilities, But Labor Should Improve Oversight (GAO–01–886)—explain that due to lack of capacity, training, and resources, the Wage and Hour Division is incapable of enforcing compliance with the subminimum wage provision. Furthermore, the significant appropriation that would be required to improve oversight of the regulation would be better spent improving employment outcomes for people with disabilities. (9) According to the rules established under section 14(c) of the Fair Labor Standards Act of 1938, employers are to determine the special wage to be paid to a disabled employee through a complicated method that unfairly establishes a productivity benchmark that would be difficult for anyone to maintain. The inability of many employers to correctly establish the wage pursuant to the rule has regularly resulted in disabled employees receiving even less than the special minimum wage (below the federally established minimum wage) that they should have received under the regulation. 3. Transition to fair wages (1) Discontinuance Effective on the date of enactment of this Act, the Secretary of Labor shall discontinue issuing special wage certificates under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) to any new entities not currently holding a certificate. (2) Transition All special wage certificates held on the date of enactment of this Act— (A) by private for profit entities shall be revoked 1 year after such date of enactment; (B) by public or governmental entities shall be revoked 2 years after such date of enactment; and (C) by non-profit entities shall be revoked 3 years after such date of enactment. (3) Repeal Effective 3 years from the date of enactment of this Act, section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ) is repealed and any remaining special wage certificates issued under such section shall be revoked. | https://www.govinfo.gov/content/pkg/BILLS-113hr831ih/xml/BILLS-113hr831ih.xml |
113-hr-832 | I 113th CONGRESS 1st Session H. R. 832 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Hinojosa (for himself, Mr. Vela , Mr. Gallego , and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects and activities under that Act, and for other purposes.
1. Short title This Act may be cited as the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2013 . 2. Authorization of additional projects and activities under the lower rio grande water conservation and improvement program (a) Additional projects Section 4(a) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067) is amended by adding at the end the following: (20) In Cameron County, Texas, Bayview Irrigation District No. 11, water conservation and improvement projects as identified in the March 3, 2004, engineering report by NRS Consulting Engineers at a cost of $1,425,219. (21) In the Cameron County, Texas Harlingen Irrigation District No. 1, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $5,133,432.00. (22) In the Cameron County, Texas, Cameron County Irrigation District No. 2, water conservation and improvement projects as identified in the February 11, 2004, engineering report by NRS Consulting Engineers at a cost of $8,269,576. (23) In the Cameron County, Texas, Cameron County Irrigation District No. 6, water conservation and improvement projects as identified in an engineering report by Turner Collie Braden, Inc., at a cost of $5,607,300. (24) In the Cameron County, Texas, Adams Gardens Irrigation District No. 19, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $3,025,000. (25) In the Hidalgo and Cameron Counties, Texas, Hidalgo and Cameron Counties Irrigation District No. 9, water conservation and improvement projects as identified by the February 11 engineering report by NRS Consulting Engineers at a cost of $8,929,152. (26) In the Hidalgo and Willacy Counties, Texas, Delta Lake Irrigation District, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $8,000,000. (27) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 2, water conservation and improvement projects identified in the engineering reports attached to a letter dated February 11, 2004, from the district’s general manager, and the renovation of a pumping plant for flood protection identified in by Sigler, Winston, Greenwood Associates at a cost of $13,117,710. (28) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 1, water conservation and improvement projects identified in an engineering report dated March 5, 2004, by Melden and Hunt, Inc. at a cost of $5,595,018. (29) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 6, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $3,450,000. (30) In the Hidalgo County, Texas Santa Cruz Irrigation District No. 15, water conservation and improvement projects as identified in an engineering report dated March 5, 2004, by Melden and Hunt at a cost of $4,609,000. (31) In the Hidalgo County, Texas, Engelman Irrigation District, water conservation and improvement projects as identified in an engineering report dated March 5, 2004, by Melden and Hunt, Inc. at a cost of $2,251,480. (32) In the Hidalgo County, Texas, Valley Acres Water District, water conservation and improvement projects as identified in an engineering report dated March 2004 by Axiom-Blair Engineering at a cost of $500,000. (33) In the Hudspeth County, Texas, Hudspeth County Conservation and Reclamation District No. 1, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $1,500,000. (34) In the El Paso County, Texas, El Paso County Water Improvement District No. 1, water conservation and improvement projects as identified in the March 2004 engineering report by Axiom-Blair Engineering at a cost of $10,500,000. (35) In the Hidalgo County, Texas, Hidalgo County Irrigation District No. 16, water conservation and improvement projects identified in an engineering report dated March 22, 2004, by Melden and Hunt, Inc. at a cost of $2,800,000. (36) The United Irrigation District of Hidalgo County water conservation and improvement projects as identified in a March 2004 engineering report by Sigler Winston, Greenwood and Associates at a cost of $6,067,021. . (b) Inclusion of activities To conserve water or improve supply; transfers among projects Section 4 of such Act ( Public Law 106–576 ; 114 Stat. 3067) is further amended by redesignating subsection (c) as subsection (e), and by inserting after subsection (b) the following: (c) Inclusion of activities To conserve water or improve supply In addition to the activities identified in the engineering reports referred to in subsection (a), each project that the Secretary conducts or participates in under subsection (a) may include any of the following: (1) The replacement of irrigation canals and lateral canals with buried pipelines. (2) The impervious lining of irrigation canals and lateral canals. (3) Installation of water level, flow measurement, pump control, and telemetry systems. (4) The renovation and replacement of pumping plants. (5) Other activities that will result in the conservation of water or an improved supply of water. (d) Transfers among projects Of amounts made available for a project referred to in any of paragraphs (20) through (36) of subsection (a), the Secretary may transfer and use for another such project up to 10 percent. . 3. Reauthorization of appropriations for lower rio grande construction Section 4(e) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 ( Public Law 106–576 ; 114 Stat. 3067), as redesignated by section 2(b) of this Act, is further amended by inserting before the period the following: for projects referred to in paragraphs (1) through (19) of subsection (a), and $45,389,954 for projects referred to in paragraphs (20) through (36) of subsection (a) . | https://www.govinfo.gov/content/pkg/BILLS-113hr832ih/xml/BILLS-113hr832ih.xml |
113-hr-833 | I 113th CONGRESS 1st Session H. R. 833 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Hunter (for himself, Mr. Rooney , Mr. Murphy of Pennsylvania , Mr. Kinzinger of Illinois , and Mr. Heck of Nevada ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require that the Purple Heart occupy a position of precedence above the new Distinguished Warfare Medal.
1. Precedence of award of Purple Heart compared to award of Distinguished Warfare Medal Section 1127 of title 10, United States Code, is amended by striking displayed, not lower than that immediately following the bronze star. and inserting the following: displayed— (1) not lower than the position immediately following the position of the bronze star; and (2) above the position of the Distinguished Warfare Medal. . | https://www.govinfo.gov/content/pkg/BILLS-113hr833ih/xml/BILLS-113hr833ih.xml |
113-hr-834 | I 113th CONGRESS 1st Session H. R. 834 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. LoBiondo (for himself, Mr. Smith of New Jersey , Mr. Runyan , and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to conduct cost-benefit analyses for the provision of medical care by the Department of Veterans Affairs in certain geographic areas served by multiple Department of Veterans Affairs medical facilities.
1. Short title This Act may be cited as the Veterans’ Efficiencies Through Savings Act of 2013 or the VETS Act of 2013 . 2. Cost-benefit analyses required for certain geographic areas served by multiple Department of Veterans Affairs medical facilities (a) Cost-Benefit analysis required The Secretary of Veterans Affairs shall conduct a cost-benefit analysis of the provision of medical care by the Department of Veterans Affairs for the following geographic areas: (1) Any 75 square mile area where three or more Department outpatient clinics are located. (2) Any 100 square mile area where two or more Department hospitals are located. (b) Contents of analysis In conducting a cost-benefit analysis under subsection (a)— (1) for any area described in paragraph (1) of such subsection, the Secretary shall determine whether the benefits of operating all three clinics in the area outweigh the benefits of replacing such clinics with one comprehensive outpatient clinic; (2) the Secretary shall consider the benefits of constructing a new Department hospital to serve veterans residing in the area and the benefits of entering into an agreement with a non-Department hospital for the provision of dedicated space within the hospital to provide in-patient hospital care to veterans residing in the area; and (3) the Secretary shall evaluate any agreements entered into with non-Department medical care providers to provide medical care to veterans residing in an area served by one or more of the outpatient clinics or hospitals located in the area for which the analysis is conducted to determine whether to enter into such an agreement with any additional providers. (c) Report to Congress Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on any cost-benefit analysis conducted under this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr834ih/xml/BILLS-113hr834ih.xml |
113-hr-835 | I 113th CONGRESS 1st Session H. R. 835 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Markey (for himself, Mr. Larson of Connecticut , Ms. DeLauro , Mr. McGovern , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize the Low-Income Home Energy Assistance Program for fiscal years 2014 through 2018, and for other purposes.
1. Short title This Act may be cited as the Energy Assistance for American Families Act . 2. Reauthorization of LIHEAP Section 2602(b) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621(b) ) is amended— (1) by striking 2001, and and inserting 2001, ; and (2) by inserting after 2007 the following: , and $7,600,000,000 for each of fiscal years 2014 through 2018. Notwithstanding section 2605(b)(2)(B)(ii), a State may use any allotment from funds appropriated under this subsection for fiscal years 2014 through 2018 to provide assistance to households whose income does not exceed 75 percent of the State median income . | https://www.govinfo.gov/content/pkg/BILLS-113hr835ih/xml/BILLS-113hr835ih.xml |
113-hr-836 | I 113th CONGRESS 1st Session H. R. 836 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Gary G. Miller of California introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to clarify the requirement that permit applications for the discharge of pollutants be approved by disinterested board members, and for other purposes.
1. Short title This Act may be cited as the Sunshine on Conflicts Act of 2013 . 2. Approval by disinterested board members (a) In general Section 402(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(a) ) is amended by adding at the end the following: (6) Not later than 60 days after the date of the enactment of this paragraph, the Administrator shall issue a rule to prohibit any member of a board or body that approves permit applications or portions thereof from voting upon, or seeking to influence, the approval of any permit in which that member has a direct or indirect financial interest, as defined in applicable State law. . (b) No force or effect of existing regulation Section 123.25(c) of title 40, Code of Federal Regulations, shall have no further force or effect after the earliest of the date on which a rule is issued under section 402(a)(6) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(a)(6) ) or the end of the 120-day period beginning on the date of the enactment of this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr836ih/xml/BILLS-113hr836ih.xml |
113-hr-837 | I 113th CONGRESS 1st Session H. R. 837 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Neal (for himself, Mr. Lewis , Mr. Kind , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to expand the availability of the saver’s credit, to make the credit refundable, and to make Federal matching contributions into the retirement savings of the taxpayer.
1. Short title This Act may be cited as the Savings for American Families’ Future Act of 2013 . 2. Modification of saver’s credit (a) 50 percent credit for all taxpayers: expansion of phaseout ranges Subsection (b) of section 25B of the Internal Revenue Code of 1986 is amended to read as follows: (b) Applicable percentage For purposes of this section— (1) In general Except as provided in paragraph (2), the applicable percentage is 50 percent. (2) Phaseout The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 50 percentage points as— (A) the excess of— (i) the taxpayer’s adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) the phaseout range. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the nearest whole percentage point. (3) Applicable dollar amount; phaseout range (A) Joint returns Except as provided in subparagraph (B)— (i) the applicable dollar amount is $65,000, and (ii) the phaseout range is $20,000. (B) Other returns In the case of— (i) a head of a household (as defined in section 2(b)), the applicable dollar amount and the phaseout range shall be 3/4 of the amounts applicable under subparagraph (A) (as adjusted under paragraph (4)), and (ii) any taxpayer who is not filing a joint return and who is not a head of a household (as so defined), the applicable dollar amount and the phaseout range shall be ½ of the amounts applicable under subparagraph (A) (as so adjusted). (4) Inflation adjustment of applicable dollar amount In the case of any taxable year beginning in a calendar year after 2014, the dollar amount in paragraph (3)(A)(i) 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 2013 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500. . (b) Credit made refundable; matching contributions (1) Credit made refundable The Internal Revenue Code of 1986 is amended by moving section 25B to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits), by inserting section 25B after section 36B, and by redesignating section 25B as section 36C. (2) Matching contributions Section 36C of such Code, as redesignated by paragraph (1), is amended by adding at the end the following: (g) Matching contributions (1) In general The credit allowed to an eligible individual under this section for any taxable year shall be twice the credit which would (but for this subsection) be allowed if— (A) the individual consents to the application of paragraph (2), and (B) a designation by such individual is in effect for such year under paragraph (3). (2) Credit paid into designated retirement account Any credit under this section for any taxable year shall be paid by the Secretary into the designated retirement account of the individual for such year. The amount payable under the preceding sentence shall be subject to the reductions under section 6402 in the same manner as if such amount were an overpayment. The amount so paid shall be treated as refunded to such individual. (3) Designated retirement account For purposes of this subsection, the term designated retirement account means any account or plan— (A) of a type to which qualified retirement savings contributions may be made, (B) which is for such individual’s benefit, and (C) which is designated by such individual (in such form and manner as the Secretary may provide) on the return of tax for the taxable year. (4) Treatment of matching contributions In the case of an amount paid under paragraph (2) into a designated retirement account— (A) any dollar limitation otherwise applicable to the amount of contributions or deferrals to such account shall be increased by the amount so paid, (B) the individual’s basis in such account shall not be increased by reason of the amount so paid, and (C) such amount shall be treated as an employer contribution for the plan year in which such amount is paid for purposes of— (i) section 401(k)(3), and (ii) section 408(k)(6)(A)(iii). (5) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary to address situations under which the Secretary is not able to make a payment to a designated retirement account of an individual, including a plan of an employer for which the individual no longer works and to an account that does not exist. . (3) Conforming amendments (A) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (B) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B. (C) The table of sections for subpart C of such part is amended by adding at the end the following new item: Sec. 36C. Elective deferrals and IRA contributions by certain individuals. . (D) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B, . (c) Maximum contributions Subsection (a) of section 36C of such Code, as redesignated by subsection (b), is amended to read as follows: (a) Allowance of credit (1) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of so much of the qualified retirement savings contributions of the eligible individual for the taxable year as do not exceed the contribution limit. (2) Contribution limit For purposes of paragraph (1)— (A) In general Except as otherwise provided in this paragraph, the contribution limit is $500 ($1,500 for taxable years beginning after 2023). (B) Annual increases to reach $1,500 In the case of taxable years beginning in a calendar year after 2013 and before 2024, the contribution limit shall be the sum of— (i) the contribution limit for taxable years beginning in the preceding calendar year (as increased under this subparagraph), and (ii) $100. (C) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2023, the $1,500 amount in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr837ih/xml/BILLS-113hr837ih.xml |
113-hr-838 | I 113th CONGRESS 1st Session H. R. 838 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide grants to States in order to prevent racial profiling.
1. Short title This Act may be cited as the Racial Profiling Prevention Act . 2. Grant program to prohibit racial profiling (a) Grants Subject to the requirements of this section, the Secretary shall make grants to a State that— (1) (A) has enacted and is enforcing a law that prohibits the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways; and (B) is maintaining and allows public inspection of statistical information for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway in the State regarding the race and ethnicity of the driver and any passengers; or (2) provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1). (b) Eligible activities A grant received by a State under subsection (a) shall be used by the State— (1) in the case of a State eligible under subsection (a)(1), for costs of— (A) collecting and maintaining of data on traffic stops; (B) evaluating the results of the data; and (C) developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers; and (2) in the case of a State eligible under subsection (a)(2), for costs of— (A) activities to comply with the requirements of subsection (a)(1); and (B) any eligible activity under paragraph (1). (c) Racial profiling (1) In general To meet the requirement of subsection (a)(1), a State law shall prohibit, in the enforcement of State laws regulating the use of Federal-aid highways, a State or local law enforcement officer from using the race or ethnicity of the driver or passengers to any degree in making routine or spontaneous law enforcement decisions, such as ordinary traffic stops on Federal-aid highways. (2) Limitation Nothing in this subsection shall alter the manner in which a State or local law enforcement officer considers race or ethnicity whenever there is trustworthy information, relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization. (d) Limitations (1) Maximum amount of grants The total amount of grants made to a State under this section in a fiscal year may not exceed 5 percent of the amount made available to carry out this section in the fiscal year. (2) Eligibility A State may not receive a grant under subsection (a)(2) in more than 2 fiscal years. (e) Authorization of appropriations (1) In general There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $7,500,000 for each of fiscal years 2013 through 2017. (2) Contract authority Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 80 percent, and such funds shall remain available until expended and shall not be transferable. | https://www.govinfo.gov/content/pkg/BILLS-113hr838ih/xml/BILLS-113hr838ih.xml |
113-hr-839 | I 113th CONGRESS 1st Session H. R. 839 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Rooney (for himself and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the lender or servicer of a home mortgage, upon a request by the homeowner for a short sale, to make a prompt decision whether to allow the sale.
1. Short title This Act may be cited as the Prompt Notification of Short Sales Act . 2. Definitions For purposes of this Act, the following definitions shall apply: (a) Residential mortgage loan The term residential mortgage loan means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in section 101(53D) of title 11, United States Code. (b) Securitization vehicle The term securitization vehicle means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes residential mortgage loans (or instruments that are related to residential mortgage loans, such as credit-linked notes). (c) Servicer The term servicer has the same meaning as in section 129A of the Truth in Lending Act ( 15 U.S.C. 1639a ), except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans), if such person also services the loan. (d) Short sale The term short sale means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that— (1) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and (2) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder. 3. Prompt notifications and decision regarding short sale (a) Requirement for prompt notifications, decisions (1) Notifications (A) In general Each servicer shall provide in writing to a mortgagor of a residential mortgage loan— (i) an acknowledgment of receipt of a written request of the mortgagor, not later than 3 days after the date of such receipt; (ii) a notice of any missing or incomplete information required with respect to such request, not later than 5 days after the date of such receipt; and (iii) a definitive response to such request approving or denying such request, not later than 30 days after the date of such receipt. (B) Exceptional circumstances In any case in which a servicer is unable to provide a decision with respect to a written request of a mortgagor of a residential mortgage loan during the 30-day period required by subparagraph (A), such period may be extended to not later than 60 days after the date of receipt of a completed application, except that the servicer shall, verbally or in writing— (i) notify the mortgagor during the initial 30-day period that the application is still under review; and (ii) each week thereafter provide to the mortgagor a status update indicating the reasons why a decision is pending beyond the required 30-day period. (C) Applicability Subparagraph (A) shall apply, except as provided in subsection (b), and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle. (D) Content A written response by a servicer under subparagraph (A) shall specify a decision on whether such request has been denied, approved, or that such request has been approved subject to specified changes. (2) Mortgagor submission Paragraph (1) shall apply in any case in which the mortgagor under a residential mortgage loan submits to the servicer thereof— (A) a written offer for a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest that secures the mortgage loan; and (B) all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer). (3) Civil actions authorized An aggrieved individual may bring an action in a court of competent jurisdiction, asserting a violation of this Act. Aggrieved individuals may be awarded all appropriate relief, including equitable relief, and a monetary award of $1,000 per violation, plus reasonable attorneys’ fees, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures. (b) Inapplicability to certain existing mortgages Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of enactment of this Act explicitly providing a procedure or terms for approval of a short sale. (c) Treatment of other time limits This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (a) for a decision by the servicer of a residential mortgage loan regarding a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan. | https://www.govinfo.gov/content/pkg/BILLS-113hr839ih/xml/BILLS-113hr839ih.xml |
113-hr-840 | I 113th CONGRESS 1st Session H. R. 840 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Sablan (for himself, Mrs. Christensen , Ms. Bordallo , and Ms. Moore ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To improve services for victims of sexual assault and domestic violence.
1. Sexual Assault Services grants (a) Amendment Paragraph (4) of section 14601(b) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043g(b) ) is amended— (1) in the first sentence, by striking , except that the United States Virgin Islands, American Samoa, Guam, the District of Columbia, Puerto Rico, and the Commonwealth of the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriations ; and (2) by striking the third sentence. (b) Effective date The amendments made by subsection (a) shall apply with respect to grants under section 14601 of the Violence Against Women Act of 1994 (42 U.S.C. 14043g) for fiscal year 2013 and succeeding fiscal years. | https://www.govinfo.gov/content/pkg/BILLS-113hr840ih/xml/BILLS-113hr840ih.xml |
113-hr-841 | I 113th CONGRESS 1st Session H. R. 841 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Schrader introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
1. Establishment of reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,274.19 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.99 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 50.8 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 Total 11,274.19 . | https://www.govinfo.gov/content/pkg/BILLS-113hr841ih/xml/BILLS-113hr841ih.xml |
113-hr-842 | I 113th CONGRESS 1st Session H. R. 842 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Sensenbrenner (for himself and Mr. Moran ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To expand the research activities of the National Institutes of Health with respect to functional gastrointestinal and motility disorders, and for other purposes.
1. Short title This Act may be cited as the Functional Gastrointestinal and Motility Disorders Research Enhancement Act of 2013 . 2. Findings Congress finds the following: (1) Functional gastrointestinal and motility disorders (FGIMDs) are chronic conditions associated with increased sensitivity of the GI tract, abnormal motor functioning, and brain-gut dysfunction. (2) FGIMDs are characterized by symptoms in the GI tract including pain or discomfort, nausea, vomiting, diarrhea, constipation, incontinence, problems in the passage of food or feces, or a combination of these symptoms. (3) FGIMDs include conditions such as dysphagia, gastroesophageal reflux disease, dyspepsia, cyclic vomiting syndrome, gastroparesis, irritable bowel syndrome (IBS), Hirschsprung’s disease, chronic intestinal pseudo-obstruction, bowel incontinence, and many others, which affect the esophagus, stomach, gallbladder, small and large intestine, and anorectal areas of the body. (4) The severity of FGIMDs ranges from mildly uncomfortable to debilitating and in some cases life-threatening. (5) Effective treatments for the multiple symptoms of FGIMDs are lacking, and while sufferers frequently use a variety of medications and therapies for symptoms, few patients report satisfaction with available treatments. (6) Patients with FGIMDs frequently suffer for years before receiving an accurate diagnosis, exposing them to unnecessary and costly tests and procedures including surgeries, as well as needless suffering and expense. (7) The economic impact of FGIMDs is high. The annual cost in the United States for IBS alone is estimated to be between $1.7 billion and $10 billion in direct medical costs (excluding prescription and over-the-counter medications) and $20 billion in indirect medical costs. (8) FGIMDs frequently take a toll on the workplace, as reflected in work absenteeism, lost productivity, and lost opportunities for the individual and society. (9) Gastrointestinal symptoms consistent with functional gastrointestinal disorders such as IBS and functional dyspepsia have been recognized as a serious and disabling issue for military veterans, particularly those who have been deployed. (10) FGIMDs affect individuals of all ages including children, and pediatric FGIMDs can be particularly serious, leading to a lifetime of painful symptoms and medical expenses associated with management of chronic illness or death. (11) The National Institutes of Health’s National Commission on Digestive Diseases identified comprehensive research goals related to FGIMDs in its April 2009 report to Congress and the American public entitled Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases . 3. Functional gastrointestinal and motility disorders research enhancement Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: 409K. Functional gastrointestinal and motility disorders The Director of NIH may expand, intensify, and coordinate the activities of the National Institutes of Health with respect to functional gastrointestinal and motility disorders (in this section referred to as FGIMDs ) by— (1) expanding basic and clinical research into FGIMDs by implementing the research recommendations of the National Commission on Digestive Diseases relating to FGIMDs; (2) providing support for the establishment of up to five centers of excellence on FGIMDs at leading academic medical centers throughout the country to carry out innovative basic, translational, and clinical research focused on FGIMDs; (3) exploring collaborative research opportunities among the National Institute of Diabetes and Digestive and Kidney Diseases, the Office of Research on Women’s Health, the Office of Rare Disease Research, and other Institutes and Centers of the National Institutes of Health; (4) directing the National Institute of Diabetes and Digestive and Kidney Diseases to provide the necessary funding for continued expansion and advancement of the FGIMDs research portfolio through intramural and extramural research; (5) directing the National Institute of Diabetes and Digestive and Kidney Diseases and the Eunice Kennedy Shriver National Institute of Child Health and Human Development to expand research into FGIMDs that impact children, such as Hirschsprung’s disease and cyclic vomiting syndrome, and maternal health, such as fecal incontinence; and (6) exploring opportunities to partner with the Department of Defense and the Department of Veterans Affairs to increase research and improve patient care regarding FGIMDs that commonly impact veterans and active duty military personnel, such as IBS and dyspepsia. . 4. Promoting public awareness of functional gastrointestinal and motility disorders Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by adding at the end the following: 320B. Public awareness of functional gastrointestinal and motility disorders The Secretary may engage in public awareness and education activities to increase understanding and recognition of functional gastrointestinal and motility disorders (in this section referred to as FGIMDs ). Such activities may include the distribution of print, film, and web-based materials targeting health care providers and the public and prepared and disseminated in conjunction with patient organizations that treat FGIMDs. The information expressed through such activites should emphasize— (1) basic information on FGIMDs, their symptoms, prevalence, and frequently co-occurring conditions; and (2) the importance of early diagnosis, and prompt and accurate treatment of FGIMDs. . 5. Sense of Congress on the development and oversight of innovative treatment options for functional gastrointestinal and motility disorders It is the sense of Congress that, considering the current lack of effective treatment options for the global symptoms of functional gastrointestinal and motility disorders (in this section referred to as FGIMDs ) and the inherent challenges of developing and bringing such treatments to market, the Commissioner of Food and Drugs should continue and accelerate important efforts to improve the development and oversight of treatment options for FGIMDs by— (1) enhancing the commitment to emerging efforts like the Patient Reported Outcomes Consortium to expedite medical device and drug development, study appropriate balances between risk and patient benefit, and identify proper endpoints for conditions without clear, biological indicators; (2) enhancing the commitment to broad efforts like the Critical Path Initiative focused on ensuring that scientific breakthroughs are quickly translated into safe and beneficial treatment options; and (3) continuing collaboration with patient organizations that treat FGIMDs so that the patient perspective is considered when determining the need for innovative treatments. | https://www.govinfo.gov/content/pkg/BILLS-113hr842ih/xml/BILLS-113hr842ih.xml |
113-hr-843 | I 113th CONGRESS 1st Session H. R. 843 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Ms. Speier (for herself, Ms. Pelosi , Ms. Eshoo , Mr. Garamendi , Mr. Honda , Mr. Huffman , Ms. Lee of California , Ms. Lofgren , Mr. McNerney , Mr. George Miller of California , Mr. Swalwell of California , and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay.
1. Short title This Act may be cited as the San Francisco Bay Restoration Act . 2. San Francisco Bay restoration grant program Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) is amended by adding at the end the following: 123. San Francisco Bay restoration grant program (a) Definitions In this section: (1) Annual priority list The term annual priority list means the annual priority list compiled under subsection (b). (2) Comprehensive plan The term comprehensive plan means— (A) the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and (B) any amendments to that plan. (3) Estuary partnership The term Estuary Partnership means the San Francisco Estuary Partnership, the entity that is designated as the management conference under section 320. (b) Annual priority list (1) In general After providing public notice, the Administrator shall annually compile a priority list identifying and prioritizing the activities, projects, and studies intended to be funded with the amounts made available under subsection (c). (2) Inclusions The annual priority list compiled under paragraph (1) shall include— (A) activities, projects, or studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the approved comprehensive plan; (B) information on the activities, projects, programs, or studies specified under subparagraph (A), including a description of— (i) the identities of the financial assistance recipients; and (ii) the communities to be served; and (C) the criteria and methods established by the Administrator for selection of activities, projects, and studies. (3) Consultation In developing the priority list under paragraph (1), the Administrator shall consult with and consider the recommendations of— (A) the Estuary Partnership; (B) the State of California and affected local governments in the San Francisco Bay estuary watershed; and (C) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Administrator determines to be appropriate. (c) Grant program (1) In general Pursuant to section 320, the Administrator may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for activities, studies, or projects identified on the annual priority list. (2) Maximum amount of grants; non-Federal share (A) Maximum amount of grants Amounts provided to any individual or entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any eligible activities that are to be carried out using those amounts. (B) Non-Federal share The non-Federal share of the total cost of any eligible activities that are carried out using amounts provided under this section shall be— (i) not less than 25 percent; and (ii) provided from non-Federal sources. (d) Funding (1) Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2013 through 2017. (2) Administrative expenses Of the amount made available to carry out this section for a fiscal year, the Administrator shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section. (3) Relationship to other funding Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). (4) Prohibition No amounts made available under subsection (c) may be used for the administration of a management conference under section 320. . | https://www.govinfo.gov/content/pkg/BILLS-113hr843ih/xml/BILLS-113hr843ih.xml |
113-hr-844 | I 113th CONGRESS 1st Session H. R. 844 IN THE HOUSE OF REPRESENTATIVES February 26, 2013 Mr. Takano introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to extend the eligibility period for veterans to enroll in certain vocational rehabilitation programs.
1. Short title This Act may be cited as the VetSuccess Enhancement Act . 2. Extension of eligibility period for vocational rehabilitation programs (a) Extension Section 3103 of title 38, United States Code, is amended by striking twelve-year period and inserting 17-year period each place it appears. (b) Effective date The amendment made by subsection (a) shall apply with respect to a veteran applying for assistance under chapter 31 of title 38, United States Code, on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr844ih/xml/BILLS-113hr844ih.xml |
113-hr-845 | I 113th CONGRESS 1st Session H. R. 845 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. DeFazio (for himself and Mr. Chaffetz ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 29 of title 35, United States Code, to provide for the recovery of patent litigation costs, and for other purposes.
1. Short title This Act may be cited as the Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013 . 2. Recovery of litigation costs (a) Amendment Chapter 29 of title 35, United States Code, is amended by inserting after section 285 the following new section: 285A. Recovery of litigation costs (a) In general In an action involving the validity or infringement of a patent— (1) a party asserting invalidity or noninfringement may move for judgment that the adverse party does not meet at least one of the conditions described in subsection (d); (2) not later than 90 days after a party has moved for the judgment described in paragraph (1), the adverse party shall be provided an opportunity to prove such party meets at least one of the conditions described in subsection (d); (3) as soon as practicable after the adverse party has been provided an opportunity to respond under paragraph (2), but not later than 120 days after a party has moved for the judgment described in paragraph (1), the court shall make a determination whether the adverse party meets at least one of the conditions described in subsection (d); and (4) notwithstanding section 285, the Court shall award the recovery of full costs to any prevailing party asserting invalidity or noninfringement, including reasonable attorney’s fees, other than the United States, upon the entry of a final judgment if the court determines that the adverse party did not meet at least one of the conditions described in subsection (d), unless the court finds that exceptional circumstances make an award unjust. (b) Bond required Any party that fails to meet a condition under subsection (a)(3) shall be required to post a bond in an amount determined by the court to cover the recovery of full costs described in subsection (a)(4). (c) Timing and effect of pending motion With respect to any motion made pursuant to subsection (a)(1) the following applies: (1) In the case of a motion that is filed before the moving party’s initial disclosure are due— (A) the court shall limit any discovery to discovery that is necessary for the disposition of the motion; and (B) the court may delay issuing any scheduling order until after ruling on the motion. (2) In the case of a motion that is filed after the moving party’s initial disclosures are due the court may delay ruling on the motion until after the entry of final judgment. (3) In the case of a motion that is filed after the entry of final judgment, any such motion must be combined with a motion for fees to the prevailing party. (d) Condition defined For purposes of this section, a condition means, with respect to the party alleging infringement, any of the following: (1) Original inventor Such party is the inventor, a joint inventor, or in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, the original assignee of the patent. (2) Exploitation of the patent Such party can provide documentation to the court of substantial investment made by such party in the exploitation of the patent through production or sale of an item covered by the patent. (3) University or technology transfer organization Such party is— (A) an institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or (B) a technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by one or more institutions of higher education. . (b) Technical and conforming amendment The table of sections for chapter 29 of title 35, United States Code, is amended by inserting after the item relating to section 285 the following new item: 285A. Recovery of litigation costs for patent. . (c) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any action involving the validity or infringement of a patent for which a complaint is filed on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr845ih/xml/BILLS-113hr845ih.xml |
113-hr-846 | I 113th CONGRESS 1st Session H. R. 846 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Olson (for himself, Ms. McCollum , Mr. Roskam , Mr. Barrow of Georgia , Mr. Guthrie , Mr. Palazzo , Mr. Roe of Tennessee , Mrs. Black , Mr. Coble , Mr. Ribble , Mr. Harper , Mr. McKinley , Mrs. Blackburn , Mr. Pascrell , Mr. Renacci , Mrs. Capito , Mr. Nunes , Mr. Tiberi , Mr. Bilirakis , Mr. Loebsack , Mr. Mulvaney , Mr. Crenshaw , Mr. Bucshon , Mr. Price of Georgia , Ms. Jenkins , Mr. Owens , Mr. Reed , Mr. Amodei , Mr. Kinzinger of Illinois , Mr. Schock , Mr. Braley of Iowa , Mr. Burgess , Mr. Harris , Mr. Rogers of Michigan , Mr. Heck of Nevada , Mrs. Capps , Mr. Shimkus , Mr. Griffin of Arkansas , Mr. Latta , Mr. Walden , Mr. Boustany , Mr. Matheson , and Mr. Terry ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to ensure the continued access of Medicare beneficiaries to diagnostic imaging services.
1. Short title This Act may be cited as the Diagnostic Imaging Services Access Protection Act of 2013 . 2. Medicare payment for imaging services Section 1848(b)(4) of the Social Security Act ( 42 U.S.C. 1395w–4(b)(4) ) is amended by adding at the end the following new subparagraph: (E) Limitation on application of multiple procedure payment reduction The Secretary may not apply a multiple procedure payment reduction policy to the professional component of imaging services furnished on or after 30 days after the date of the enactment of this subparagraph, until the Secretary publishes in the Federal Register the following: (i) An analysis of the information used in the final rule to implement the physician fee schedule under this section in 2013 to determine what, if any, efficiencies exist within the professional component of imaging services when 2 or more studies are performed on the same patient on the same day. (ii) Detailed information on— (I) which activities in the vignettes in such rule were assigned reduction percentages of 0, 25, 50, 75, and 100 percent; (II) how such percentage reductions for the pre-, intra-, and post-service work were determined and calculated; and (III) the clinical aspects that went into those decisions. . | https://www.govinfo.gov/content/pkg/BILLS-113hr846ih/xml/BILLS-113hr846ih.xml |
113-hr-847 | I 113th CONGRESS 1st Session H. R. 847 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Gerlach (for himself, Mr. Farr , Mr. Young of Florida , and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Animal Welfare Act to provide further protection for puppies.
1. Short title This Act may be cited as the Puppy Uniform Protection and Safety Act . 2. Protection of puppies under the Animal Welfare Act (a) High volume retail breeder defined Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended— (1) in subsection (l), by striking research. and inserting research; ; (2) in subsection (m), by striking members. and inserting members; ; (3) in subsection (n), by striking section 13(b); and and inserting section 13(b); ; (4) in subsection (o), by striking experimentation. and inserting experimentation; and ; and (5) by adding at the end the following: (p) High Volume Retail Breeder (1) Definitions In this subsection: (A) Breeding female dog The term breeding female dog means an intact female dog aged 4 months or older. (B) High volume retail breeder The term high volume retail breeder means a person who, in commerce, for compensation or profit— (i) has an ownership interest in or custody of 1 or more breeding female dogs; and (ii) sells or offers for sale, via any means of conveyance (including the Internet, telephone, or newspaper), more than 50 of the offspring of such breeding female dogs for use as pets in any 1-year period. (2) Relationship to dealers (A) In general For purposes of this Act, a high volume retail breeder shall be considered to be a dealer and subject to all provisions of this Act applicable to a dealer. (B) Exception The retail pet store exemption in subsection (f)(i) shall not apply to a high volume retail breeder. . (b) Licenses Section 3 of the Animal Welfare Act ( 7 U.S.C. 2133 ) is amended— (1) by striking The Secretary and inserting (a) In general .—The Secretary ; (2) in subsection (a) (as so designated), in the second proviso of the first sentence, by inserting (other than a high volume retail breeder) after any retail pet store or other person ; and (3) by adding at the end the following: (b) Dealers A dealer (including a high volume retail breeder) applying for a license under subsection (a) (including annual renewals) shall include on the license application the total number of dogs exempted from exercise on the premises of the dealer in the preceding year by a licensed veterinarian under section 13(j)(2). . (c) Exercise requirements Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; (2) by redesignating the second subsection (f) (as redesignated by section 1752(a)(1) of Public Law 99–198 (99 Stat. 1645)) as subsection (g); and (3) by adding at the end the following: (j) Exercise requirements (1) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate standards covering dealers that include requirements for the exercise of dogs at facilities owned or operated by a dealer, including exercise regulations that ensure that— (A) each dog that is at least 12 weeks old (other than a female dog with unweaned puppies) has daily access to exercise that— (i) allows the dog— (I) to move sufficiently to develop or maintain normal muscle tone and mass as appropriate for the age, breed, sex, and reproductive status of the dog; and (II) the ability to achieve a running stride; and (ii) is not a forced activity (other than a forced activity used for veterinary treatment) or other physical activity that is repetitive, restrictive of other activities, solitary, and goal-oriented; (B) the provided area for exercise— (i) is separate from the primary enclosure if the primary enclosure does not provide sufficient space to achieve a running stride; (ii) has flooring that— (I) is sufficient to allow for the type of activity described in subparagraph (A); and (II) (aa) is solid flooring; or (bb) is nonsolid, nonwire flooring, if the nonsolid, nonwire flooring— (AA) is safe for the breed, size, and age of the dog; (BB) is free from protruding sharp edges; and (CC) is designed so that the paw of the dog is unable to extend through or become caught in the flooring; (iii) is cleaned at least once each day; (iv) is free of infestation by pests or vermin; and (v) is designed in a manner to prevent escape of the dogs. (2) Exemption (A) In general If a licensed veterinarian determines that a dog should not exercise because of the health, condition, or well-being of the dog, this subsection shall not apply to that dog. (B) Documentation A determination described in subparagraph (A) shall be— (i) documented by the veterinarian; (ii) subject to review and approval by the Secretary; and (iii) unless the basis for the determination is a permanent condition, reviewed and updated at least once every 30 days by the veterinarian. (C) Reports A determination described in subparagraph (A) shall be maintained by the dealer. . 3. Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate any regulations that the Secretary determines to be necessary to implement this Act and the amendments made by this Act. 4. Effect on State law Nothing in this Act or the amendments made by this Act preempt any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection for animals than the requirements of this Act or the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr847ih/xml/BILLS-113hr847ih.xml |
113-hr-848 | I 113th CONGRESS 1st Session H. R. 848 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Thompson of California (for himself and Ms. Speier ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General to make grants to States to develop systems to retrieve firearms from armed prohibited persons.
1. Short title This Act may be cited as the Armed Prohibited Persons Act of 2013 . 2. Grants authorized The Attorney General may make grants to States to develop and operate systems to retrieve firearms from armed prohibited persons. 3. Applications A State seeking a grant under this Act shall submit an application to the Attorney General at such time and containing such information as the Attorney General may reasonably require, including assurances that— (1) any system that the State operates will provide an armed prohibited person with a reasonable opportunity to lawfully dispose of such person’s firearm before the State takes any action to retrieve such a firearm; (2) the State will contribute pertinent information to the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note); and (3) the State has a plan for the continued operation and maintenance of the system or proposed system to retrieve firearms from armed prohibited persons. 4. Definitions In this Act: (1) The term armed prohibited person means a person— (A) who possesses a firearm; (B) who lawfully purchased such firearm in accordance with all applicable Federal and State law; and (C) whose possession of such firearm, because of an act or ommission committed by such person, became unlawful under applicable Federal and State law (including section 922(g) of title 18, United States Code). (2) The term firearm has the meaning given the term in section 921(a)(3) of title 18, United States Code. (3) The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. 5. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal years 2014 through 2018. | https://www.govinfo.gov/content/pkg/BILLS-113hr848ih/xml/BILLS-113hr848ih.xml |
113-hr-849 | I 113th CONGRESS 1st Session H. R. 849 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Smith of Washington (for himself, Mr. Brady of Pennsylvania , and Mr. Gallego ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate the section 251A sequestrations and to reduce the security and nonsecurity discretionary spending limits by $320 billion from fiscal year 2014 through fiscal year 2021, and to suspend the statutory limit on the public debt until February 1, 2017.
1. Short title This Act may be cited as the Sequestration Relief Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Congress must enact a comprehensive, deficit reduction plan to solve the country’s fiscal challenges and to promote national security, economic stability, and the continued growth and prosperity of the United States. (2) The keys to a comprehensive, deficit reduction solution are increased revenues and changes in mandatory spending. (3) The Budget Control Act of 2011 was enacted to avert a default on Federal debt obligations, and it reduced discretionary spending by approximately $1 trillion through fiscal year 2021. (4) Because the Joint Select Committee on Deficit Reduction failed to recommend legislation providing an additional $1.2 trillion in deficit reduction, Federal law mandates that the additional savings be sequestered. (5) Sequestration was designed as a forcing mechanism for an agreement on a comprehensive, deficit reduction plan. It has failed to produce the intended results. (6) It no longer makes sense to rely on sequestration as a forcing mechanism for a balanced solution. The costs to our government and to the economy are too great. (7) Under sequestration, automatic, indiscriminate cuts would be applied, through fiscal year 2021, to a wide variety of discretionary spending programs to achieve $1.2 trillion in savings, forestalling the sound planning needed for prudent and meaningful investments in national security, the workforce, transportation infrastructure, education, health care, public safety, housing, innovation, small business development, and many other facets of enduring national strength. (8) Even the prospect of sequestration is disruptive to regular order and to the congressional appropriations process, and it fosters damaging economic uncertainty, while short-term solutions only suspend the prospect and continue to undermine the certainty needed for economic recovery. (9) Therefore, Congress must eliminate the threat of sequestration. (10) Given the magnitude of the Federal deficit, it is likely that additional cuts to discretionary spending will be necessary for a comprehensive deficit reduction solution. (11) Congress must establish a manageable, long-term discretionary spending plan. An additional $320 billion in targetable cuts to discretionary appropriations from fiscal year 2014 through fiscal year 2021 represents one-third of the net amount that would have been indiscriminately cut by sequestration over fiscal years 2013 through 2021. (12) It is recognized that a reduction of $167 billion to discretionary appropriations within budget function 050 from fiscal year 2014 through fiscal year 2021 will affect the National Military Strategy. The Department of Defense is highly encouraged to revisit its current strategic guidance and to work closely with Congress in building a new National Military Strategy that accounts for available resource levels. (b) Purposes The purposes of this Act are to— (1) eliminate the threat of sequestration to the American economy; (2) offer the Federal Government, industry, and the American people the predictability that economic recovery demands; (3) enable the Congress to pass appropriations legislation in regular order with a clear discretionary spending budget and grant the legislative and executive branches of government the flexibility needed to identify and implement specific discretionary spending reductions in a responsible and deliberate manner; and (4) provide a practicable, long-term discretionary spending plan that will contribute to a comprehensive, balanced, long-term, deficit reduction solution that includes affordable revisions to mandatory spending and new revenues. 3. Repeal of section 251A sequestrations Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. 4. $320 billion reduction in discretionary spending limits The discretionary spending limits set forth in paragraphs (3) through (10) of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended to read as follows: (3) for fiscal year 2014— (A) for the security category, $546,000,000,000 in budget authority; and (B) for the nonsecurity category, $501,000,000,000 in budget authority; (4) with respect to fiscal year 2015— (A) for the security category, $550,000,000,000 in new budget authority; and (B) for the nonsecurity category, $505,000,000,000 in new budget authority; (5) with respect to fiscal year 2016— (A) for the security category, $559,000,000,000 in new budget authority; and (B) for the nonsecurity category, $513,000,000,000 in new budget authority; (6) with respect to fiscal year 2017— (A) for the security category, $569,000,000,000 in new budget authority; and (B) for the nonsecurity category, $522,000,000,000 in new budget authority; (7) with respect to fiscal year 2018— (A) for the security category, $579,000,000,000 in new budget authority; and (B) for the nonsecurity category, $531,000,000,000 in new budget authority; (8) with respect to fiscal year 2019— (A) for the security category, $589,500,000,000 in new budget authority; and (B) for the nonsecurity category, $541,000,000,000 in new budget authority; (9) with respect to fiscal year 2020— (A) for the security category, $602,500,000,000 in new budget authority; and (B) for the nonsecurity category, $553,000,000,000 in new budget authority; (10) with respect to fiscal year 2021— (A) for the security category, $616,000,000,000 in new budget authority; and (B) for the nonsecurity category, $565,000,000,000 in new budget authority; . 5. Definition of security category Section 250(c)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: (B) (i) For fiscal years 2012 and 2013, the term security category means discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs). (ii) For fiscal years 2014 through 2021, the term security category means discretionary appropriations in budget function 050 (national defense). . 6. Suspension of statutory limit on the public debt until February 1, 2017 Section 2 of the No Budget, No Pay Act of 2013 is amended— (1) in subsection (a), by striking May 18, 2013 and inserting January 31, 2017 ; and (2) in subsection (b), by striking May 19, 2013 each place it appears and inserting February 1, 2017 . | https://www.govinfo.gov/content/pkg/BILLS-113hr849ih/xml/BILLS-113hr849ih.xml |
113-hr-850 | I 113th CONGRESS 1st Session H. R. 850 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Royce (for himself, Mr. Engel , Ms. Ros-Lehtinen , Mr. Deutch , Mr. Poe of Texas , Mr. Sherman , Mr. Chabot , Mr. Connolly , Mr. Smith of New Jersey , Mr. Meeks , Mr. Wilson of South Carolina , Mr. Keating , Mr. McCaul , Mr. Cicilline , Mr. Salmon , Mr. Schneider , Mr. Duncan of South Carolina , Mr. Kennedy , Mr. Kinzinger of Illinois , Ms. Meng , Mr. Cotton , Ms. Frankel of Florida , Mr. Cook , Mr. Holding , Mr. Weber of Texas , Mr. Perry , Mr. Radel , Mr. Collins of Georgia , Mr. Meadows , Mr. Messer , Mr. Marino , Mr. Sires , Mr. Higgins , Mr. Vargas , Mr. Rohrabacher , Mr. Lowenthal , Mr. Stockman , and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary , Financial Services , Oversight and Government Reform , and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose additional human rights and economic and financial sanctions with respect to Iran, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Nuclear Iran Prevention Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and statement of policy. Title I—Human rights and terrorism sanctions Sec. 101. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 102. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. Sec. 103. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Title II—Economic and financial sanctions Sec. 201. Sanctions with respect to certain transactions with Iran. Sec. 202. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals. Sec. 203. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions. Sec. 204. Sense of Congress regarding the European Central Bank. Title III—Miscellaneous provisions Sec. 301. Report on Iranian nuclear and economic capabilities. Sec. 302. National Strategy on Iran. Sec. 303. Government Accountability Office report on sanctions enforcement. 2. Findings and statement of policy (a) Findings Congress finds the following: (1) Iran’s acquisition of a nuclear weapons capability would— (A) embolden its already aggressive foreign policy, including its arming of terrorist organizations and other groups, its efforts to destabilize countries in the Middle East, and its efforts to target the United States, United States allies, and United States interests globally; (B) increase the risk that Iran would share its nuclear technology and expertise with extremist groups and rogue nations; (C) destabilize global energy markets, posing a direct and devastating threat to the American and global economy; and (D) likely lead other governments in the region to pursue their own nuclear weapons programs, increasing the prospect of nuclear proliferation throughout the region and effectively ending the viability of the global nonproliferation regime, including the Treaty on the Non-Proliferation of Nuclear Weapons. (2) A nuclear arms-capable Iran possessing intercontinental ballistic missiles, a development most experts expect could occur within a decade, would pose a direct nuclear threat to the United States. (b) Statement of policy It shall be the policy of the United States to prevent Iran from acquiring a nuclear weapons capability. I Human rights and terrorism sanctions 101. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Subtitle A of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741 et seq.) is amended— (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following new section: 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization (a) In general Not later than 30 days after the date of the enactment of this section, the Secretary of State shall determine if Iran’s Revolutionary Guard Corps meets the criteria for designation as a foreign terrorist organization as set forth in section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (b) Affirmative determination If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps meets the criteria set forth under such section 219, the Secretary shall designate Iran’s Revolutionary Guard Corps as a foreign terrorist organization under such section 219. (c) Negative determination (1) In general If the Secretary of State determines under subsection (a) that Iran’s Revolutionary Guard Corps does not meet the criteria set forth under such section 219, the Secretary shall submit to the committees of Congress specified in subparagraph (C) a report that contains a detailed justification as to which criteria have not been met. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain classified annex, if necessary. (3) Committees of Congress specified The committees of Congress referred to in paragraph (1) are the following: (A) The Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (B) The Committee on Foreign Relations and the Committee on the Judiciary of the Senate. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 304 and inserting the following: Sec. 304. Designation of Iran’s Revolutionary Guard Corps as foreign terrorist organization. Sec. 305. Rule of construction. . 102. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran (a) Finding and sense of Congress Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended to read as follows: (a) Finding and sense of Congress (1) Finding Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people: (A) The Supreme Leader of Iran. (B) The President of Iran. (C) Members of the Council of Guardians. (D) Members of the Expediency Council. (E) The Minister of Intelligence and Security. (F) The Commander of the Iran’s Revolutionary Guard Corps. (G) The Commander of the Basij-e-Mostaz’afin. (H) The Commander of Ansar-e-Hezbollah. (I) The Commander of the Quds Force. (J) The Commander in Chief of the Police Force. (2) Sense of Congress It is the sense of Congress that— (A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; and (B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (b) Additional finding and sense of Congress Section 401of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) inserting after subsection (a) the following: (b) Additional finding and sense of Congress (1) Finding Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries. (2) Sense of Congress It is the sense of Congress that— (A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, or implement gross violations of human rights of the Iranian people and the human rights of persons in other countries; (B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; and (C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be). . (c) Report Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( Public Law 112–158 ; 126 Stat. 1251), as redesignated by subsection (b) of this section, is amended— (1) by striking Not later than and inserting the following: (A) In general Not later than ; (2) by striking this Act and inserting the Iran Sanctions Enforcement and Augmentation Act , and every 180 days thereafter ; (3) by striking otherwise directing the commission of and inserting otherwise directing— (i) the commission of ; (4) by striking Iran. and inserting Iran; (ii) censorship or related activities with respect to Iran; or (iii) the diversion of goods, food, medicine, and medical devices, and agricultural commodities, intended for the people of Iran. ; and (5) by striking For any such person and inserting the following: (B) Additional requirement For any such person . (d) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following: Sec. 401. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran. . 103. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran (a) In general Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513(c)(2) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (F) facilitates a significant transaction or transactions or provides significant financial services for— (i) a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(c); or (ii) a person that exports sensitive technology to Iran and is subject to the prohibition on procurement contracts as described in section 106. . (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (as added by subsection (a)(3)) initiated on or after the date that is 90 days after such date of enactment. (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). II Economic and financial sanctions 201. Sanctions with respect to certain transactions with Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by adding at the end the following new section: 225. Sanctions with respect to certain transactions with Iran (a) Authorization of sanctions (1) In general Except as specifically provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) on a foreign person that the President determines has, on or after the date that is 180 days after the date of the enactment of this section, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to such Act, for— (A) the purchase of goods (other than petroleum or petroleum products) or services by a person in Iran or on behalf of a person in Iran; or (B) the purchase of goods (other than petroleum or petroleum products) or services from a person in Iran or on behalf of a person in Iran. (2) Rule of construction Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245(d)(4) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648). (b) Exception for overall reductions of exports to and imports from Iran (1) In general The President may not impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced— (A) the value of exports of goods (other than petroleum or petroleum products) and services from such country to Iran; and (B) the value of imports of goods (other than petroleum or petroleum products) and services to such country from Iran. (2) Time period described The time period referred to in paragraph (1) is the 180-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 180-day period. (c) Exception for sales of agricultural commodities, food, medicine and medical devices The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran. (d) Definitions In this section: (1) Foreign person The term foreign person has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). (2) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)). . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Sec. 225. Sanctions with respect to certain transactions with Iran. . 202. Imposition of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of persons owned or controlled by specially designated nationals Section 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8806) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) Persons owned or controlled by specially designated nationals (1) In general The President shall impose sanctions described in subsection (a) with respect to a foreign financial institution that the President determines has, on or after the date that is 90 days after the date of the enactment of this subsection, knowingly facilitated a significant financial transaction on behalf of any person on the list required by paragraph (2). (2) List (A) In general Not later than 60 days after the date of the enactment of this subsection, the President shall submit to the appropriate congressional committees list of persons that the President determines on or after the date of the enactment of this subsection are directly or indirectly owned or controlled by an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)). (B) Updates of list The President shall submit to the appropriate congressional committees an update of the list required by subparagraph (A)— (i) not less than once every 180 days after the date of submission of such list; and (ii) as new information becomes available. (C) Form of report; public availability (i) Form The list required by subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (ii) Public availability The unclassified portion of the list required by clause (i) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (D) Consideration of data from other countries and nongovernmental organizations In preparing the list required by subparagraph (A), the President shall consider credible data already obtained by other countries and nongovernmental organizations. . 203. Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (a) Exception to applicability of sanctions with respect to petroleum transactions Section 1245(d)(4)(D)(i)(I) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1648) is amended to read as follows: (I) has significantly reduced its volume of crude oil purchases from Iran, and volume of purchases of crude oil of Iranian origin, from the volume purchased in the immediately preceding 180-day period, and the President certifies in writing to Congress that the President has based such determination on accurate information on that country’s total purchases of crude oil from Iran or of Iranian origin; or . (b) Effective date The amendment made by this section shall take effect beginning on the date that is 30 days after the date of the enactment of this Act. 204. Sense of Congress regarding the European Central Bank (a) Findings Congress finds the following: (1) The Government of Iran, its agencies and instrumentalities, continue to have access to, and utilize, euro-denominated transactions, including for goods and services that are subject to sanctions imposed by the United States, the European Union and its member states and by the United Nations. (2) The Guidelines of the European Central Bank (Article 39(1)) states that: Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering and the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. (3) United States and European convergence with respect to United States sanctions efforts toward the Iranian regime is a vital component of United States policy aimed at preventing the Iranian regime from acquiring a nuclear weapons capability. (b) Sense of Congress It is the sense of Congress that the President should closely coordinate and cooperate with the European Union and its member states to restrict access and use of the euro currency by the Government of Iran, its agencies and instrumentalities, for transactions (with the exception of food, medicine, medical devices and other humanitarian goods), including through the payment systems of the European Central Bank, such as its second generation Trans-European Automated Real-time Gross Settlement Express Transfer System, and local and regional Euro settlement platforms. III Miscellaneous provisions 301. Report on Iranian nuclear and economic capabilities (a) In general Not later that 60 days after the date of the enactment of this Act, and every 60 days thereafter, the President shall submit to the appropriate congressional committees a report on the following: (1) An estimate of the timeline for Iranian capabilities to develop nuclear weapons, including— (A) a nuclear explosive device; and (B) breakout capacity. (2) An assessment of Iranian strategy and capabilities relating to development of nuclear weapons, including— (A) a summary and analysis of current nuclear weapons capabilities; (B) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran to develop its nuclear weapons capabilities; (C) a summary of the capabilities of Iran’s unconventional weapons and Iran’s ballistic missile forces and Iran’s cruise missile forces; (D) a detailed analysis of the effectiveness of Iran’s unconventional weapons and Iran’s ballistic missile forces and Iran’s cruise missile forces as delivery systems for a nuclear device; and (E) an estimate of the amount and sources of funding expended by, and an analysis of procurement networks utilized by, Iran on programs to develop a nuclear weapons capability. (3) Projected economic effects of international sanctions on Iran, including— (A) sources of funding for the activities of the Government of Iran described in paragraphs (1) and (2); (B) the role of the Government of Iran in the formal and informal sector of the domestic Iranian economy; (C) evasive and other efforts by the Government of Iran to circumvent international and bilateral sanctions regimes; and (D) Iran’s capital accounts, current accounts, foreign exchange reserve levels (including access to foreign exchange reserves), and other leading macroeconomic indicators, and estimated timelines with respect to Iran’s macroeconomic viability, including Iran’s exhaustion of foreign exchange reserves. (b) Form The report required under subsection (a) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (c) Definitions In this section: (1) Nuclear explosive device The term nuclear explosive device means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). (2) Breakout capacity The term breakout capacity means the point at which a country is able to produce enough weapon-grade uranium (or sufficient separated plutonium) for one or more nuclear explosive devices. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate. 302. National Strategy on Iran (a) National strategy required The President shall develop a strategy, to be known as the National Strategy on Iran , that provides strategic guidance for activities that support the objective of addressing the threats posed by Iran. (b) Annual report Not later than January 30 of each year, the President shall submit to the appropriate congressional committees the National Strategy on Iran required under subsection (a). (c) Matters To be included The report required under subsection (b) shall include, at a minimum, the following: (1) A description Iran’s grand strategy and security strategy, including strategic objectives, and the security posture and objectives of Iran. (2) A description of the United States strategy to— (A) address and counter the capabilities of Iran’s conventional forces and Iran’s unconventional forces; (B) disrupt and deny Iranian efforts to develop or augment capabilities related to nuclear, unconventional, and missile forces development; (C) address the Government of Iran’s economic strategy to enable the objectives described in this subsection; and (D) exploit key vulnerabilities. (3) An implementation plan for the United States strategy described in paragraph (2). (d) Form The report required under subsection (b) shall be submitted in unclassified form to the greatest extent possible, but may include a classified annex, if necessary. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Permanent Select Committee on Intelligence of the Senate. 303. Government Accountability Office report on sanctions enforcement (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the extent to which the President is implementing section 5(a) and (b) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note), sections 104 and 104A of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513 and 8513b) and title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741 et seq.). (b) Basis of report The report required under subsection (a) shall be based on publicly-available information. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing and Urban Affairs, and the Committee on Finance of the Senate. | https://www.govinfo.gov/content/pkg/BILLS-113hr850ih/xml/BILLS-113hr850ih.xml |
113-hr-851 | I 113th CONGRESS 1st Session H. R. 851 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Pascrell (for himself, Ms. Schwartz , Mr. Rangel , Mr. Lewis , Mr. Larson of Connecticut , Mr. Kind , Mr. Neal , Mr. Becerra , Mr. Danny K. Davis of Illinois , Mr. Levin , and Ms. Linda T. Sánchez of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to encourage domestic insourcing and discourage foreign outsourcing.
1. Short title This Act may be cited as the Bring Jobs Home Act . 2. Credit for insourcing expenses (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Credit for insourcing expenses (a) In general For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). (b) Eligible insourcing expenses For purposes of this section— (1) In general The term eligible insourcing expenses means— (A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and (B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Eligible expenses The term eligible expenses means— (A) any amount for which a deduction is allowed to the taxpayer under section 162, and (B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. (3) Business unit The term business unit means— (A) any trade or business, and (B) any line of business, or functional unit, which is part of any trade or business. (4) Expanded affiliated group The term expanded affiliated group means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting more than 50 percent for at least 80 percent each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). (5) Expenses must be pursuant to insourcing plan Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). (6) Operating expenses not taken into account Any amount paid or incurred in connection with the on-going operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. (c) Increased domestic employment requirement No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)), determined by only taking into account wages (as otherwise defined in section 45R(e)) paid with respect to services performed within the United States. All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. (d) Credit allowed upon completion of insourcing plan (1) In general Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. (2) Election to apply employment test and claim credit in first full taxable year after completion of plan If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). (e) Possessions treated as part of the United States For purposes of this section, the term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). (f) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the insourcing expenses credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Credit for insourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States possessions (1) Payments to possessions (A) Mirror code possessions The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45S of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45S of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against United States income taxes No credit shall be allowed against United States income taxes under section 45S of such Code to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules (A) Possessions of the United States For purposes of this section, the term possession of the United States includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). 3. Denial of deduction for outsourcing expenses (a) In general Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 280I. Outsourcing expenses (a) In general No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. (b) Specified outsourcing expense For purposes of this section— (1) In general The term specified outsourcing expense means— (A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and (B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Application of certain definitions and rules (A) Definitions For purposes of this section, the terms eligible expenses , business unit , and expanded affiliated group shall have the respective meanings given such terms by section 45S(b). (B) Operating expenses not taken into account A rule similar to the rule of section 45S(b)(6) shall apply for purposes of this section. (c) Special rules (1) Application to deductions for depreciation and amortization In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. (2) Possessions treated as part of the United States For purposes of this section, the term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). (d) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States. . (b) Limitation on subpart F income of controlled foreign corporations determined without regard to specified outsourcing expenses Subsection (c) of section 952 of such Code is amended by adding at the end the following new paragraph: (4) Earnings and profits determined without regard to specified outsourcing expenses For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)). . (c) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 280I. Outsourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr851ih/xml/BILLS-113hr851ih.xml |
113-hr-852 | I 113th CONGRESS 1st Session H. R. 852 IN THE HOUSE OF REPRESENTATIVES February 27, 2013 Mr. Rangel (for himself, Mr. Bishop of Georgia , Ms. Brown of Florida , Mr. Butterfield , Mrs. Christensen , Ms. Clarke , Mr. Clay , Mr. Cohen , Mr. Conyers , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mr. Fattah , Ms. Fudge , Mr. Al Green of Texas , Mr. Grijalva , Ms. Hahn , Mr. Hastings of Florida , Mr. Holt , Ms. Eddie Bernice Johnson of Texas , Ms. Lee of California , Mr. Lewis , Mrs. Carolyn B. Maloney of New York , Ms. McCollum , Mr. Meeks , Ms. Moore , Ms. Norton , Mr. Payne , Mr. Rush , Mr. Scott of Virginia , Ms. Shea-Porter , Ms. Slaughter , Mr. Thompson of Mississippi , Mr. Watt , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To posthumously award a Congressional gold medal to Shirley Chisholm.
1. Short title This Act may be cited as the Shirley Chisholm Congressional Gold Medal Act . 2. Findings The Congress finds as follows: (1) Shirley Chisholm was a pioneer: She was the first African-American woman elected to Congress in 1968 where she served until 1982. (2) Shirley Chisholm inspired and led the march of political achievement by African-Americans and women in the three decades since she ran for the Presidency of the United States. (3) Her election to Congress and her candidacy for the Presidency raised the profile and aspirations of all African-Americans and women in the field of politics. (4) Shirley Chisholm was recognized for her activism, independence, and groundbreaking achievements in politics during and after the civil rights era. (5) Shirley Chisholm was born in Brooklyn, New York, on November 30, 1924, attended Brooklyn College, and earned a Master's degree from Columbia University. (6) Shirley Chisholm worked in education and social services before being elected to the New York State Assembly in 1964. (7) Shirley Chisholm established the Unity Democratic Club in 1960, which played a significant role in rallying Black and Hispanic voters in New York City. (8) In 1969, Shirley Chisholm began her service in the 91st Congress, representing Brooklyn's 12th Congressional District in the United States House of Representatives. (9) During her service in the House of Representatives, Shirley Chisholm promoted the employment of women in Congress and was vocal in her support of civil rights, women's rights, and the poor, while fervently opposing the Vietnam War. (10) In 1972, Shirley Chisholm was the first African-American to seek the nomination of a major party for President of the United States. (11) Shirley Chisholm was a co-founder of the National Organization for Women. (12) An historic figure in American political history, Shirley Chisholm died at the age of 80 in Ormond Beach, Florida, on New Year's Day 2005. 3. Congressional gold medal (a) Presentation Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Shirley Chisholm, in recognition of her activism, independence, and groundbreaking achievements in politics, her election as the first African-American woman in the Congress, and her campaign to be the first African-American to gain the nomination of a major political party for President of the United States. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority To use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-113hr852ih/xml/BILLS-113hr852ih.xml |