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113-hr-953

I 113th CONGRESS 1st Session H. R. 953 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on the Judiciary , 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 improve security at State and local courthouses. 1. Short title This Act may be cited as the Local Courthouse Safety Act of 2013 . 2. Security training Part D of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3741 et seq. ) is amended by adding at the end the following: 403. Preventing violence against law enforcement and ensuring officer resilience and survivability The Director may carry out a training and technical assistance program designed to teach employees of State, local, and tribal law enforcement agencies how to anticipate, survive, and respond to violent encounters during the course of their duties, including duties relating to security at State, county, and tribal courthouses. If the Director offers a training program specifically designed to train participants on courthouse security issues, preference for admission into such program shall be given to employees of jurisdictions that have magnetometers available for use at their courthouses. . 3. State Justice Institute The State Justice Institute Act of 1984 is amended— (1) in section 203(b)(1) (42 U.S.C. 10702(b)(1)), in the matter preceding subparagraph (A), by inserting , safe, after a fair ; and (2) in section 206 (42 U.S.C. 10705)— (A) in subsection (c)— (i) in paragraph (14)— (I) by inserting to before conduct ; and (II) by striking and at the end; (ii) by redesignating paragraph (15) as paragraph (16); and (iii) by inserting after paragraph (14) the following: (15) to improve the safety and security of State and local courts; and ; and (B) by adding at the end the following: (g) Magnetometers In the case of a grant awarded under this section to be used as described in subsection (c)(15), if the State or local court applying for the grant does not have magnetometers available for use, not less than $300 nor more than $1,000 of the matching fund required under subsection (d) of the State or local court shall be used to acquire a magnetometer. . 4. Security equipment (a) In general Subchapter III of chapter 5 of title 40, United States Code, is amended by adding after section 559 the following: 560. Surplus security equipment for State and local courts (a) Definitions In this section— (1) the term surplus security equipment means surplus property that is used to detect weapons, including metal detectors, wands, and baggage screening devices; and (2) the term qualifying State or local courthouse means a courthouse of a State or local government that has less security equipment than the security needs of the courthouse require. (b) Disposal of surplus security equipment (1) In general Notwithstanding any other provision of this subchapter, the Administrator of General Services shall ensure that a qualifying State or local courthouse has an opportunity to request to receive surplus security equipment for use at the qualifying State or local courthouse before the surplus security equipment is made available to any other individual or entity under this subchapter. (2) Disposal (A) In general Subject to subparagraph (B), upon request by a qualifying State or local courthouse for surplus security equipment for use at the qualifying State or local courthouse, the surplus security equipment shall be made available to the qualifying State or local courthouse without cost, except for any costs of shipping, handling, and maintenance. (B) Multiple requests If more than 1 qualifying State or local courthouse requests a particular piece of surplus security equipment, the surplus security equipment shall be distributed based on need, as determined by the Administrator of General Services, with priority given to a qualifying State or local courthouse that has no security equipment. . (b) Technical and conforming amendment The table of sections for chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 559 the following: 560. Surplus security equipment for State and local courts. .

https://www.govinfo.gov/content/pkg/BILLS-113hr953ih/xml/BILLS-113hr953ih.xml

113-hr-954

I 113th CONGRESS 1st Session H. R. 954 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Ms. Bonamici (for herself, Mr. George Miller of California , Mr. Blumenauer , Mr. Rush , and Mrs. Davis of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to provide for the establishment of the Small Business Liaison Pilot Program. 1. Short title This Act may be cited as the Workforce Infrastructure for Skilled Employees Investment Act or the WISE Investment Act . 2. Small Business Liaison Pilot Program Section 171 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2916 ) is amended by adding at the end the following: (f) Small Business Liaison Pilot Program (1) Establishment of Small Business Liaison Pilot Program The Secretary may award competitive grants to local boards, community colleges, postsecondary vocational institutions, community-based organizations, and apprenticeship programs, including joint labor-management training programs, in States and outlying areas to promote local economic growth and eliminate gaps between the workforce skills available and the workforce skills needed in local areas or regions. (2) Application To receive a grant under this subsection a local board, community college, or postsecondary vocational institution in a State or outlying area shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary may require. (3) Specifications of grants (A) Time period A grant shall be used over a 36-month period. (B) Amount of grant In determining the amount of a grant made under this subsection, the Secretary may consider— (i) the ability of the grant applicant to conduct outreach activities; (ii) the ability of the grant applicant to conduct skills gap assessments; (iii) the extent to which the grant applicant works with or, after implementing a strategic skills gap action plan, plans to work with small businesses within its local area or region; and (iv) any other factor that the Secretary deems appropriate. (C) Limitations (i) A recipient may not receive more than one grant under this subsection. (ii) No grant under this subsection may be for an amount more than $500,000. (iii) The Secretary shall, in determining whether to award a grant, consider the geographic diversity of grant recipients. (D) Use of funds (i) In general A local board, community college, or postsecondary vocational institution that receives a grant under this subsection shall use the grant funds to pay for a new or current employee to serve as liaison to conduct activities described in clause (ii). (ii) Small & Local Business Liaison The liaison— (I) shall— (aa) prepare a strategic action skills gap assessment; (bb) develop a strategic skills gap action plan; and (cc) conduct any other activity that the Secretary deems appropriate for the purposes of this subsection; and (II) may— (aa) engage in outreach in the local area or region; (bb) conduct business site visits, interviews, and assessments; (cc) consult in the implementation of the skills action plan; (dd) complete more than 1 skills gap action plan; and (ee) consult with the local offices of the Small Business Administration. (iii) Prohibition A grant received under this subsection may not be used to supplant existing funding or efforts. (E) Confidentiality of information The grant recipient may not disclose the name, address, or contact information of a business, employer, or other person that provided information to the grant recipient to compile information in the strategic skills gap assessment or strategic skills gap action plan without consent of such business, employer, or other person. (4) Reporting Each year, the Secretary shall report to the Congress— (A) the number of grants awarded under this subsection; (B) the recipients of grants awarded under this subsection; (C) the activities carried out by each recipient under paragraph (3)(D); and (D) an assessment describing— (i) the success of the program to promote local economic growth and eliminate gaps between the workforce skills available and the workforce skills needed in local areas or regions; and (ii) any recommendations for reauthorization and expansion of the program that the Secretary may have. (5) Definitions In this subsection: (A) Community College The term community college has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (B) Local area The term local area means the labor market immediately surrounding or affected by a local board, community college, or postsecondary vocational institution. (C) Postsecondary vocational institution The term postsecondary vocational institution has the meaning given the term in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) ). (D) Region The term region means 2 or more local areas that comprise a common labor market for an industry sector of related occupations. (E) Strategic skills gap assessment The term strategic skills gap assessment means an assessment that— (i) identifies areas of current and expected demand for labor and skills in a specific industry sector of related occupations that is— (I) producing jobs in the local area or region involved; (II) developing emerging jobs in the local area or region involved; or (III) suffering chronic worker shortages; (ii) identifies the current and expected supply of labor and skills in that sector or group in the local area or region; (iii) identifies gaps between the current and expected demand and supply of labor and skills in that section or group in the local area or region; (iv) contains the results of a survey or focus group interviews of employers, labor organizations, and other relevant individuals and organizations in the local area or region; and (v) contains data regarding— (I) specific employment opportunities offered by industries in the local area or region; (II) specific skills desired for employment opportunities offered by industries in the local area or region; (III) occupations and positions in the local area or region that are difficult to fill; (IV) specific skills desired for occupations and positions in the local area or region that are difficult to fill; (V) areas of growth and decline among industries and occupations in the local area or region; (VI) specific skills desired for areas of growth among industries and occupations in the local area or region; and (VII) specific inventories of skills of unemployed or underemployed individuals in the local area or region. (F) Strategic skills gap action plan The term strategic skills gap action plan means a plan based on the strategic skills gap assessment that— (i) identifies— (I) specific barriers to adequate supply of labor and skills in demand in a specific industry sector of related occupations that is producing jobs in the local area or region; and (II) activities that will remove or alleviate the barriers described in subclause (I) that could be undertaken by the local board, community college, or postsecondary vocational institution; (ii) specifies how the local board, community college, or postsecondary vocational institution may integrate the activities described in clause (i) within the local area or region; and (iii) identifies resources and strategies that may be used in the local area or region to address the skills gaps for both unemployed and employed workers in that industry sector. (6) Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this subsection. .

https://www.govinfo.gov/content/pkg/BILLS-113hr954ih/xml/BILLS-113hr954ih.xml

113-hr-955

I 113th CONGRESS 1st Session H. R. 955 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Rush (for himself and Ms. Kaptur ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To increase public safety by punishing and deterring firearms trafficking. 1. Short title This Act may be cited as the Hadiya Pendleton and Nyasia Pryear-Yard Stop Illegal Trafficking in Firearms 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. Anti-straw purchasing and firearms trafficking amendments. Sec. 4. Amendments to section 922 (d) . Sec. 5. Amendments to section 924 (a) . Sec. 6. Amendments to section 924 (h) . Sec. 7. Amendments to section 924 (k) . 3. Anti-straw purchasing and firearms trafficking amendments (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Straw purchasing of firearms (a) For purposes of this section— (1) the term crime of violence has the meaning given that term in section 924(c)(3); (2) the term drug trafficking crime has the meaning given that term in section 924(c)(2); and (3) the term purchases includes the receipt of any firearm by a person who does not own the firearm— (A) by way of pledge or pawn as security for the payment or repayment of money; or (B) on consignment. (b) It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce— (1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or (2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person— (A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; (B) is a fugitive from justice; (C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )); (D) has been adjudicated as a mental defective or has been committed to any mental institution; (E) is an alien who— (i) is illegally or unlawfully in the United States; or (ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(26) )); (F) has been discharged from the Armed Forces under dishonorable conditions; (G) having been a citizen of the United States, has renounced his or her citizenship; (H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that— (i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (ii) (I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; (I) has been convicted in any court of a misdemeanor crime of domestic violence; (J) intends to— (i) use, carry, possess, or sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking crime; or (ii) export the firearm or ammunition in violation of law; (K) who does not reside in any State; or (L) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of subparagraphs (A) through (K). (c) (1) Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both. (2) If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 25 years. (d) Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person— (1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm; or (2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, purchasing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm. 933. Trafficking in firearms (a) It shall be unlawful for any person to— (1) ship, transport, transfer, cause to be transported, or otherwise dispose of 2 or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the transferee would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; (2) receive from another person 2 or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; or (3) attempt or conspire to commit the conduct described in paragraph (1) or (2). (b) (1) Except as provided in paragraph (2), any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both. (2) If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, leader, supervisor, or manager, the person shall be sentenced to a term of imprisonment of not more than 25 years. 934. Forfeiture and fines (a) (1) Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law— (A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and (B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. (2) The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1). (b) A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of— (1) the fine otherwise authorized by this part; and (2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933. . (b) Title III authorization Section 2516(1)(n) of title 18, United States Code, is amended by striking and 924(n) and inserting , 924, 932, or 933 . (c) Racketeering amendment Section 1961(1)(B) of title 18, United States Code, is amended by inserting section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms), before section 1028 . (d) Money laundering amendment Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking section 924(n) and inserting section 924(n), 932, or 933 . (e) Directive to sentencing commission 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 amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. (f) Technical and conforming amendment The table of sections of chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Straw purchasing of firearms. 933. Trafficking in firearms. 934. Forfeiture and fines. . 4. Amendments to section 922 (d) Section 922(d) of title 18, United States Code, is amended— (1) in paragraph (8), by striking or at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by striking the matter following paragraph (9) and inserting the following: (10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or (11) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925. . 5. Amendments to section 924 (a) Section 924(a) of title 18, United States Code, is amended— (1) in paragraph (2), by striking (d), (g), ; and (2) by adding at the end the following: (8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both. . 6. Amendments to section 924 (h) Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: (h) (1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), or a crime under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq. ), or section 212(a)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(C) ) shall be imprisoned not more than 25 years, fined in accordance with this title, or both. (2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932. . 7. Amendments to section 924 (k) Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: (k) (1) A person who, with intent to engage in or to promote conduct that— (A) is punishable under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq. ), or chapter 705 of title 46; (B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802 ); or (C) constitutes a crime of violence (as defined in subsection (c)(3)), smuggles or knowingly brings into the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. (2) A person who, with intent to engage in or to promote conduct that— (A) would be punishable under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Controlled Substances Import and Export Act ( 21 U.S.C. 951 et seq. ), or chapter 705 of title 46, if the conduct had occurred within the United States; or (B) would constitute a crime of violence (as defined in subsection (c)(3)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. .

https://www.govinfo.gov/content/pkg/BILLS-113hr955ih/xml/BILLS-113hr955ih.xml

113-hr-956

I 113th CONGRESS 1st Session H. R. 956 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Kind 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 treat certain amounts paid for physical activity, fitness, and exercise as amounts paid for medical care. 1. Short title This Act may be cited as the Personal Health Investment Today Act of 2013 or the PHIT Act of 2013 . 2. Findings and purpose (a) Findings Congress finds that— (1) almost 20 percent of American children between the ages of 2 and 19 are overweight or suffer from obesity; (2) 8 of the 9 most expensive illnesses in the United States are more common among overweight and obese individuals; (3) according to the Centers for Disease Control and Prevention, the increase in the number of overweight and obese Americans between 1987 and 2001 resulted in a 27 percent increase in per capita health care costs; (4) the World Health Organization determined that in the United States a $1 investment in physical activity alone (in time and equipment) would reduce medical expenses by $3.20; (5) research indicates that 2 in 5 Americans would become more physically active if offered a financial incentive; (6) the United States ranks last in the world in reducing the number of preventable deaths resulting from obesity-related chronic illnesses; and (7) engaging in physical activities at young ages when children are learning lifelong behaviors can have a significant impact on their long-term health. (b) Purpose The purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight and obese, by— (1) encouraging healthier lifestyles; (2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and (3) increasing the ability of individuals and families to participate in physical fitness activities. 3. Certain amounts paid for physical activity, fitness, and exercise treated as amounts paid for medical care (a) In general Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , or , and by adding at the end the following new subparagraph: (E) for qualified sports and fitness expenses. . (b) Qualified sports and fitness expenses Subsection (d) of section 213 of such Code is amended by adding at the end the following paragraph: (12) Qualified sports and fitness expenses (A) In general The term qualified sports and fitness expenses means amounts paid— (i) for membership at a fitness facility, (ii) for participation or instruction in a program of physical exercise or physical activity, and (iii) for equipment for use in a program (including a self-directed program) of physical exercise or physical activity. (B) Overall dollar limitation The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return or a head of household (as defined in section 2(b))). (C) Fitness facility defined For purposes of subparagraph (A)(i), the term fitness facility means a facility— (i) providing instruction in a program of physical exercise, offering facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serving as the site of such a program of a State or local government, (ii) which is not a private club owned and operated by its members, (iii) which does not offer golf, hunting, sailing, or riding facilities, (iv) whose health or fitness facility is not incidental to its overall function and purpose, and (v) which is fully compliant with the State of jurisdiction and Federal anti-discrimination laws. (D) Treatment of exercise videos, etc Videos, books, and similar materials shall be treated as described in subparagraph (A)(ii) if the content of such materials constitute instruction in a program of physical exercise or physical activity. (E) Limitations related to sports and fitness equipment Amounts paid for equipment described in subparagraph (A)(iii) shall be treated as a qualified sports and fitness expense only— (i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity programs, (ii) if such equipment is not apparel or footwear, and (iii) in the case of any item of sports equipment (other than exercise equipment), with respect to so much of the amount paid for such item as does not exceed $250. (F) Programs which include components other than physical exercise and physical activity Rules similar to the rules of section 213(d)(6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as an other component. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr956ih/xml/BILLS-113hr956ih.xml

113-hr-957

I 113th CONGRESS 1st Session H. R. 957 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mrs. Lummis (for herself, Mr. Himes , Ms. Bonamici , Mr. McCarthy of California , and Mr. Cook ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reduce temporarily the royalty required to be paid for sodium produced on Federal lands, and for other purposes. 1. Short title This Act may be cited as the American Soda Ash Competitiveness Act . 2. Reduction in royalty rate on soda ash Notwithstanding section 102(a)(9) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701(a)(9) ), section 24 of the Mineral Leasing Act ( 30 U.S.C. 262 ), and the terms of any lease under that Act, the royalty rate on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market from Federal land in the 5-year period beginning on the date of enactment of this Act shall be 2 percent.

https://www.govinfo.gov/content/pkg/BILLS-113hr957ih/xml/BILLS-113hr957ih.xml

113-hr-958

I 113th CONGRESS 1st Session H. R. 958 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Larsen of Washington (for himself, Ms. Bonamici , Mr. Brady of Pennsylvania , Ms. Brownley of California , Ms. Chu , Mr. Conyers , Mrs. Davis of California , Ms. DelBene , Ms. Hanabusa , Mr. Heck of Washington , Ms. McCollum , Mrs. Napolitano , Ms. Norton , Ms. Slaughter , Mr. Stivers , and Ms. Wasserman Schultz ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committees on the Budget and 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 amend title 38, United States Code, to improve the reproductive assistance provided by the Department of Veterans Affairs to severely wounded, ill, or injured veterans and their spouses, and for other purposes. 1. Short title This Act may be cited as the Women Veterans and Other Health Care Improvements Act of 2013 . 2. Clarification that fertility counseling and treatment are medical services which the Secretary may furnish to veterans like other medical services Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (H) Fertility counseling and treatment, including treatment using assisted reproductive technology such as in vitro fertilization and other fertility treatments in which both eggs and sperm are handled when clinically appropriate. . 3. Reproductive treatment and care for spouses and surrogates of veterans (a) In general Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1788. Reproductive treatment and care for spouses and surrogates of veterans (a) In general The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title if the spouse or surrogate and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary. (b) Coordination of care for other spouses and surrogates In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate. (c) Construction Nothing in this section shall be construed to require the Secretary— (1) to find or certify a surrogate for a veteran or to connect a surrogate with a veteran; or (2) to furnish maternity care to a spouse or surrogate of a veteran. (d) Assisted reproductive technology defined In this section, the term assisted reproductive technology includes in vitro fertilization and other fertility treatments in which both eggs and sperm are handled when clinically appropriate. . (b) Clerical amendment The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1787 the following new item: 1788. Reproductive treatment and care for spouses and surrogates of veterans. . 4. Adoption assistance for severely wounded veterans (a) In general Subchapter VIII of chapter 17 of title 38, United States Code, as amended by section 3, is further amended by adding at the end the following new section: 1789. Adoption assistance (a) In general The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children. (b) Covered veteran For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who— (1) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and (2) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. (c) Limitation amount For purposes of this section, the limitation amount is the amount equal to the lesser of— (1) the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of in vitro fertilization, as determined by the Secretary; and (2) the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary. . (b) Clerical amendment The table of sections at the beginning of chapter 17 of such title, as amended by section 3, is further amended by inserting after the item relating to section 1788 the following new item: 1789. Adoption assistance. . 5. Annual report on provision of fertility counseling and treatment furnished by Department of Veterans Affairs (a) In general Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the fertility counseling and treatment furnished by the Department of Veterans Affairs during the year preceding the submittal of the report. (b) Elements Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of veterans who received fertility counseling or treatment furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans. (2) The number of spouses and surrogates of veterans who received fertility counseling or treatment furnished by the Department. (3) The cost to the Department of furnishing fertility counseling and treatment, disaggregated by cost of services and administration. (4) The average cost to the Department per recipient of such counseling and treatment. (5) In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, the average number of cycles per person furnished. (6) A description of how fertility counseling and treatment services of the Department are coordinated with similar services of the Department of Defense. 6. Regulations on furnishing of fertility counseling and treatment and adoption assistance by Department of Veterans Affairs (a) In general Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations— (1) on the furnishing of fertility treatment to veterans using assisted reproductive technology; (2) to carry out section 1788 of title 38, United States Code, as added by section 3; and (3) to carry out section 1789 of such title, as added by section 4. (b) Limitation Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under subsection (a), the Secretary may not furnish— (1) to a veteran any fertility treatment that uses an assisted reproductive technology that the Secretary has not used in the provision of a fertility treatment to a veteran before the date of the enactment of this Act; (2) any fertility counseling or treatment under section 1788 of title 38, United States Code, as added by section 3; or (3) any assistance under section 1789 of such title, as added by section 4. (c) Assisted reproductive technology defined In this section, the term assisted reproductive technology has the meaning given the term in section 1788 of such title, as added by section 3. 7. Coordination between Department of Veterans Affairs and Department of Defense on furnishing of fertility counseling and treatment The Secretary of Veterans Affairs and the Secretary of Defense shall share best practices and facilitate referrals, as they consider appropriate, on the furnishing of fertility counseling and treatment. 8. Facilitation of reproduction and infertility research (a) In general Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: 7330B. Facilitation of reproduction and infertility research (a) Facilitation of research required The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a genitourinary service-connected disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as spinal cord injury, that affects the veterans' ability to reproduce. (b) Dissemination of information The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. . (b) Clerical amendment The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330A the following new item: 7330B. Facilitation of reproduction and infertility research. . (c) Report Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research activities conducted by the Secretary under section 7330B of title 38, United States Code, as added by subsection (a). 9. Requirement to improve Department of Veterans Affairs women veterans contact center The Secretary of Veterans Affairs shall enhance the capabilities of the Department of Veterans Affairs women veterans contact center— (1) to respond to requests by women veterans for assistance with accessing health care and benefits furnished under laws administered by the Secretary; and (2) for referral of such veterans to community resources to obtain assistance with services not furnished by the Department. 10. Modification of pilot program on counseling in retreat settings for women veterans newly separated from service in the Armed Forces (a) Increase in number of locations Subsection (c) of section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 38 U.S.C. 1712A note) is amended by striking three locations and inserting 14 locations . (b) Extension of duration Subsection (d) of such section is amended by striking 2-year and inserting four-year . (c) Authorization of appropriations Subsection (f) of such section is amended— (1) by striking Secretary of Veterans Affairs for each and inserting the following: “Secretary of Veterans Affairs— (1) for each ; (2) in paragraph (1), as designated by paragraph (1), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (2) for each of fiscal years 2013 and 2014, $400,000 to carry out the pilot program. . 11. Program on assistance for child care for certain veterans (a) Assistance for child care for certain veterans receiving health care (1) In general Subchapter I of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1709B. Assistance for child care for certain veterans receiving health care (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive health care services described in subsection (c). (b) Limitation on period of payments Assistance may only be provided to a qualified veteran under this section for receipt of child care during the period that the qualified veteran— (1) receives the types of health care services described in subsection (c) at a facility of the Department; and (2) requires travel to and return from such facility for the receipt of such health care services. (c) Qualified veterans For purposes of this section, a qualified veteran is a veteran who is— (1) the primary caretaker of a child or children; and (2) (A) receiving from the Department— (i) regular mental health care services; (ii) intensive mental health care services; or (iii) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran; or (B) in need of regular or intensive mental health care services from the Department, and but for lack of child care services, would receive such health care services from the Department. (d) Locations The Secretary shall carry out the program in no fewer than three Veterans Integrated Service Networks selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 ; 115 Stat. 552). (B) Direct provision of child care at an on-site facility of the Department of Veterans Affairs. (C) Payments to private child care agencies. (D) Collaboration with facilities or programs of other Federal departments or agencies. (E) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. . (2) Conforming amendment Section 205(e) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 38 U.S.C. 1710 note) is amended by inserting but not after the date of the enactment of the Women Veterans and Other Health Care Improvements Act of 2013 before the period at the end. (3) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1709A the following new item: 1709B. Assistance for child care for certain veterans receiving health care. . (b) Assistance for child care for certain veterans receiving readjustment counseling and related mental health services (1) In general Subchapter I of chapter 17 of such title, as amended by subsection (a)(1), is further amended by adding at the end the following new section: 1709C. Assistance for child care for certain veterans receiving readjustment counseling and related mental health services (a) Program required The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive readjustment counseling and related mental health services. (b) Limitation on period of payments Assistance may only be provided to a qualified veteran under this section for receipt of child care during the period that the qualified veteran receives readjustment counseling and related health care services at a Vet Center. (c) Qualified veterans For purposes of this section, a qualified veteran is a veteran who is— (1) the primary caretaker of a child; and (2) (A) receiving from the Department regular readjustment counseling and related mental health services; or (B) in need of readjustment counseling and related mental health services from the Department, and but for lack of child care services, would receive such counseling and services from the Department. (d) Locations The Secretary shall carry out the program under this section in no fewer than three Readjustment Counseling Service Regions selected by the Secretary for purposes of the program. (e) Forms of child care assistance (1) Child care assistance under this section may include the following: (A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) which shall be, to the extent practicable, modeled after the Department of Veterans Affairs Child Care Subsidy Program established pursuant to section 630 of the Treasury and General Government Appropriations Act, 2002 ( Public Law 107–67 ; 115 Stat. 552). (B) Payments to private child care agencies. (C) Collaboration with facilities or programs of other Federal departments or agencies. (D) Such other forms of assistance as the Secretary considers appropriate. (2) In the case that child care assistance under this subsection is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care. (f) Vet Center defined In this section, the term Vet Center means a center for readjustment counseling and related mental health services for veterans under section 1712A of this title. . (2) Clerical amendment The table of sections at the beginning of such chapter, as amended by subsection (a)(3), is further amended by inserting after the item relating to section 1709B the following new item: 1709C. Assistance for child care for certain veterans receiving readjustment counseling and related mental health services. . 12. Contractor user fees (a) In general Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: 323. Contractor user fees (a) Fee requirement Except as provided in subsection (c) and subject to subsection (d), the Secretary shall impose a fee upon each person with whom the Secretary engages in a contract for a good or service as a condition of the contract. (b) Fee amount (1) The amount of a fee imposed upon a person under subsection (a) with respect to a contract shall be equal to the lesser of— (A) the amount which is equal to seven percent of the total value of the contract; and (B) the amount which is equal to the total value of the contract multiplied by the applicable percentage for such fiscal year. (2) The applicable percentage for a fiscal year shall be equal to the percentage by which— (A) the annual estimate of the total value of contracts for such fiscal year, exceeds (B) the annual estimate of the total cost of fertility counseling and treatment for such fiscal year. (3) Before each fiscal year, the Secretary shall establish, for purposes of this section, the annual estimate of the total value of contracts for the next fiscal year, which shall be the Secretary's estimate of what the aggregate value will be of all contracts in which the Secretary will engage in the next fiscal year. (4) Before each fiscal year, the Secretary shall establish, for purposes of this section, the annual estimate of the total cost of fertility counseling and treatment for the next fiscal year, which shall be the Secretary's estimate of what the total cost to the Department will be in the next fiscal year of— (A) furnishing fertility counseling and treatment, including through the use of assisted reproductive technology, to individuals under laws administered by the Secretary in the next fiscal year; and (B) making payments under section 1789 of this title in the next fiscal year. (c) Waiver The Secretary may waive the fee required by subsection (a) for a person as the Secretary considers appropriate if the person is an individual or a small business concern. (d) Limitation on collection No fee may be collected under subsection (a) except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act. (e) Department of Veterans Affairs Fertility Counseling and Treatment Fund (1) There is in the Treasury a fund to be known as the Department of Veterans Affairs Fertility Counseling and Treatment Fund. (2) All amounts received by the Secretary under subsection (a) shall be deposited in the fund. (3) (A) Subject to the provisions of appropriations Acts, amounts in the fund shall be available, without fiscal year limitation, to the Secretary for the following purposes: (i) To furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to individuals under laws administered by the Secretary. (ii) To make payments under section 1789 of this title. (B) Amounts available under subparagraph (A) may not be used for any purposes other than a purpose set forth in clause (i) or (ii) of that subparagraph. (4) Amounts received by the Secretary under subsection (a) shall be treated for the purposes of sections 251 and 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 , 902) as offsets to discretionary appropriations (rather than as offsets to direct spending) to the extent that such amounts are made available for expenditure in appropriations Acts for the purposes specified in paragraph (3) of this subsection. (f) Small business concern defined In this section, the term small business concern has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632). . (b) Clerical amendment The table of sections at the beginning of chapter 3 of such title is amended by adding after the item relating to section 322 the following new item: 323. Contractor user fees. .

https://www.govinfo.gov/content/pkg/BILLS-113hr958ih/xml/BILLS-113hr958ih.xml

113-hr-959

I 113th CONGRESS 1st Session H. R. 959 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Whitfield (for himself, Mr. Barrow of Georgia , Mr. Griffith of Virginia , Mr. McKinley , Mr. Murphy of Pennsylvania , Mrs. Ellmers , Mr. Pompeo , Mr. Burgess , Mr. Terry , Mr. Guthrie , and Mr. Olson ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Science, Space, and Technology , 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 prohibit the Administrator of the Environmental Protection Agency from awarding any grant, contract, cooperative agreement, or other financial assistance under section 103 of the Clean Air Act for any program, project, or activity to occur outside the United States and its territories and possessions. 1. Short title This Act may be cited as the Accountability in Grants Act of 2013 . 2. Prohibition against funding certain foreign programs, projects, and activities Section 103 of the Clean Air Act is amended by adding at the end the following: (l) Prohibition against funding foreign programs, projects, and activities The Administrator shall not award any grant, contract, cooperative agreement, or other financial assistance under this section for any program, project, or activity to occur outside the United States and its territories and possessions. .

https://www.govinfo.gov/content/pkg/BILLS-113hr959ih/xml/BILLS-113hr959ih.xml

113-hr-960

I 113th CONGRESS 1st Session H. R. 960 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Grimm (for himself, Mr. King of New York , Mrs. McCarthy of New York , and Mr. Meeks ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the National Flood Insurance Act of 1968 to provide relief from increased flood insurance premium rates for homes in disaster areas. 1. Short title This Act may be cited as the Flood Victim Premium Relief Act of 2013 . 2. Phase-in of new premium rates for disaster areas Subsection (h) of section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) ) is amended— (1) in the second sentence, by striking Any and inserting Except as provided in paragraph (2), any ; (2) in the third sentence, by striking In and inserting Except as provided in paragraph (2), in ; (3) by striking the subsection designation and all that follows through .—Notwithstanding and inserting the following: (h) Premium adjustment To reflect current risk of flood (1) In general Notwithstanding ; and (4) by adding at the end the following new paragraph: (2) Disaster areas (A) Limitation on rate increases In the case of any covered property, any such increase or new premium rate that becomes effective after July 6, 2012, shall be phased in over an 8-year period, at the rate of 5 percent for each of the first 4 years of such period and 20 percent for each of the last 4 years of such period. (B) Covered property For purposes of subparagraph (A), the term covered property means a residential property that— (i) is located within an area— (I) for which a major disaster was declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); and (II) (aa) for which revised or updated flood insurance rate maps become effective during the 2-year period beginning upon the occurrence of the event for which the major disaster declaration referred to in clause (i)(I) was made; or (bb) that upon the date of the enactment of the Flood Victim Premium Relief Act of 2013 is eligible for any reason for preferred risk rate method premiums for flood insurance coverage or that was eligible, at any time during the 12-month period ending upon the occurrence of the event for which the major disaster declaration was made, for preferred risk rate method premiums; (ii) is owned by the same owner who owned the property at the time of the occurrence of such disaster event; and (iii) is, and has been since the occurrence of such disaster event, the primary residence of such owner except for any periods of non-occupancy resulting from the disaster. .

https://www.govinfo.gov/content/pkg/BILLS-113hr960ih/xml/BILLS-113hr960ih.xml

113-hr-961

I 113th CONGRESS 1st Session H. R. 961 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Lynch introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to provide for the computation of normal-cost percentage for postal employees as a separate and distinct class, and to provide for the disposition of certain excess retirement contributions made by the United States Postal Service. 1. Short title This Act may be cited as the United States Postal Service Stabilization Act of 2013 . 2. Separate normal-cost percentage (a) In general Section 8423(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A)— (A) by striking subparagraph (B)) and inserting subparagraph (B) or (C)) ; and (B) by striking and at the end; (2) in subparagraph (B), by striking the period and inserting ; and ; and (3) by adding at the end the following: (C) the product of— (i) the normal-cost percentage, as determined for employees of the United States Postal Service (and the Postal Regulatory Commission), multiplied by (ii) the aggregate amount of basic pay payable by the United States Postal Service (and the Postal Regulatory Commission), for the period involved, to its employees. . (b) Effective date The amendments made by subsection (a) shall be carried out as soon as practicable, except that contributions shall be set in accordance with such amendments not later than the first applicable pay period beginning in the first fiscal year beginning at least 180 days after the date of the enactment of this Act. 3. Disposition of certain excess contributions (a) In general Section 8423(b) of title 5, United States Code, is amended by adding at the end the following: (6) (A) If, for any fiscal year to which this paragraph applies, the amount determined under paragraph (1)(B) is less than zero (hereinafter in this paragraph referred to as excess postal contributions to FERS ), such amount shall be treated in accordance with the following: (i) In the case of the first fiscal year to which this paragraph applies and for which excess postal contributions to FERS are determined, the amount of such excess contributions shall be transferred by the Secretary of the Treasury to such account as the Secretary considers appropriate so that such amount may be used for the payment of obligations issued by the United States Postal Service under section 2005 of title 39. (ii) In the case of any subsequent fiscal year to which this paragraph applies and for which excess postal contributions to FERS are determined, the amount of such excess contributions shall be transferred by the Secretary of the Treasury to the account to which are credited any Government contributions which are made by the United States Postal Service under section 8334(a)(1)(B) (or which would be made, but for clause (ii) thereof). (B) This paragraph applies to the fiscal year last ending before the date of the enactment of this paragraph and each fiscal year thereafter. (C) In the case of any transfer under subparagraph (A)(ii) for a fiscal year corresponding to a fiscal year for which a determination of Postal surplus or supplemental liability is scheduled to be made under section 8348(h), the transfer under subparagraph (A)(ii) shall be made before such determination under section 8348(h) is made. . (b) Conforming amendment Section 8348(h)(1)(B)(iii) of title 5, United States Code, is amended by striking principles. and inserting principles, including any amounts described in section 8423(b)(6)(A)(ii). .

https://www.govinfo.gov/content/pkg/BILLS-113hr961ih/xml/BILLS-113hr961ih.xml

113-hr-962

I 113th CONGRESS 1st Session H. R. 962 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mrs. Davis of California (for herself and Mr. Vela ) 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 reduce the incidence of diabetes among Medicare beneficiaries. 1. Short title This Act may be cited as the Medicare Diabetes Prevention Act of 2013 . 2. Diabetes prevention under the Medicare program (a) Coverage of diabetes prevention program services (1) Coverage of services (A) In general Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended— (i) in subparagraph (EE), by striking and after the semicolon at the end; (ii) in subparagraph (FF), by inserting and after the semicolon at the end; and (iii) by adding at the end the following new subparagraph: (GG) items and services furnished under a diabetes prevention program (as defined in subsection (iii)(1)) to an eligible diabetes prevention program individual (as defined in subsection (iii)(2)); . (B) Definitions Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (iii) Diabetes prevention program; eligible diabetes prevention program individual; qualified diabetes prevention program provider (1) (A) The term diabetes prevention program means a program that— (i) meets the criteria described in subparagraph (B); and (ii) is furnished by a qualified diabetes prevention program provider (as defined in paragraph (3)(A)). (B) The Secretary shall establish the criteria for a diabetes prevention program. Such criteria shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention, and shall require that the program complies with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. (C) Items and services furnished under a diabetes prevention program may be furnished in a community setting, as defined by the Secretary. (D) The Secretary shall establish procedures under which a qualified diabetes prevention program provider may contract with a diabetes prevention program delivery partner to furnish the items and services under a diabetes prevention program. For purposes of this subsection, the term diabetes prevention program delivery partner means an entity, including non-profit organizations, public and private hospitals, State and local departments of public health, and Federally qualified health centers, that meets criteria established by the Secretary. Such criteria shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. (2) (A) The term eligible diabetes prevention program individual means an individual at risk for diabetes (as defined in subsection (yy)(2)) who would benefit from items and services under a diabetes prevention program, as determined based on criteria established by the Secretary. (B) The criteria established under subparagraph (A) shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. (3) (A) (i) The term qualified diabetes prevention program provider means any entity, including a Federally qualified health center, that the Secretary determines— (I) is appropriate to furnish items and services under a diabetes prevention program; and (II) meets criteria established by the Secretary, in consultation with the Centers for Disease Control and Prevention. (ii) A qualified diabetes prevention program provider may be, as determined appropriate by the Secretary, a supplier (as defined in subsection (d)), a provider of services (as defined in subsection (u)), a health insurance or services company, a community-based organization, or any other appropriate entity. (B) A qualified diabetes prevention program provider shall— (i) furnish the items and services under the diabetes prevention program through a delivery partner (pursuant to paragraph (1)(D)) unless no such delivery partner is available; (ii) manage and track the outcomes of a diabetes prevention program (including attendance and weight loss of participating individuals) through defined systems, including outcomes of programs furnished under contract with a diabetes prevention program delivery partner as defined in paragraph (1)(D); (iii) implement business processes to manage program workflow, such as eligibility, reporting, claims billing, class scheduling, and enrollment; (iv) manage and verify billing accuracy and beneficiary eligibility (as described in paragraph (2)); (v) comply with applicable laws and regulations and ensure such compliance by a diabetes prevention program delivery partner; (vi) perform various forms of engagement with, and outreach to, eligible diabetes prevention program individuals, including those participating in programs furnished under contract with a diabetes prevention program delivery partner; (vii) comply with all program integrity requirements as established by the Secretary; and (viii) perform such other functions as established by the Secretary. . (2) Amount of payment Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended— (A) by striking and (Z) and inserting (Z) ; and (B) by inserting before the semicolon at the end the following: , and (AA) with respect to items and services furnished under a diabetes prevention program (as defined in section 1861(iii)(1)), the amount paid shall be 100 percent of (i) except as provided in clause (ii), the lesser of the actual charge for the items and services or the amount determined under the fee schedule that applies to such items and services under this part, as determined by the Secretary, and (ii) in the case of such items and services that are covered OPD services (as defined in subsection (t)(1)(B)), the amount determined under subsection (t) . (3) Waiver of application of deductible The first sentence of section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) ) is amended— (A) by striking and before (10) ; and (B) by inserting before the period the following: , and (11) such deductible shall not apply with respect to items and services under a diabetes prevention program (as defined in section 1861(iii)(1)) . (4) Assignment of claims Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: (vii) A qualified diabetes prevention program provider (as defined in section 1861(iii)(3)(A)). . (5) Exclusion of items and services under a diabetes prevention program from skilled nursing facility prospective payment system Section 1888(e)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395yy(e)(2)(A)(ii) ) is amended by inserting items and services under a diabetes prevention program (as defined in section 1861(iii)(1)), after qualified psychologist services, . (6) Inclusion in Federally qualified health center services Section 1861(aa)(3) of the Social Security Act ( 42 U.S.C. 1395x(aa)(3) ) is amended— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the comma at the end and inserting ; and ; and (C) by adding after subparagraph (B) the following new subparagraph: (C) items and services under a diabetes prevention program (as defined in section 1861(iii)(1)), . (7) Special consideration for the dual eligible population In implementing the amendments made by this subsection, the Secretary of Health and Human Services shall give special consideration to the needs of individuals who are dually eligible for benefits under the Medicare and Medicaid programs. (8) Evaluation and report to congress (A) Evaluation The Secretary of Health and Human Services shall conduct an evaluation on the coverage of items and services under a diabetes prevention program under the Medicare program, as added by the amendments made by this subsection. Such evaluation shall include an analysis of— (i) the impact of the provision of such coverage on Medicare beneficiaries, including the impact on various populations, such as individuals who are dually eligible for benefits under the Medicare and Medicaid programs, and the impact of the provision of such coverage on health disparities; (ii) the rate at which physicians refer eligible diabetes prevention program individuals to diabetes prevention programs under the Medicare program; (iii) Medicare beneficiary participation levels in diabetes prevention programs under the Medicare program and the awareness of Medicare beneficiaries of the benefit; (iv) the health outcomes resulting from completion of a diabetes prevention program under the Medicare program; (v) program integrity protections important to diabetes prevention programs under the Medicare program; and (vi) other areas determined appropriate by the Secretary. (B) Report Not later than January 1, 2019, the Secretary of Health and Human Services shall submit to Congress a report on the evaluation conducted under subparagraph (A), together with recommendations for such legislation and administrative actions as the Secretary determines appropriate. (9) Effective date The amendments made by paragraphs (1) through (6) shall apply with respect to services furnished on or after January 1, 2015. (b) Inclusion of referral rates to diabetes prevention programs in the medicare physician quality reporting system Section 1848(k)(2)(C)(i) of the Social Security Act ( 42 U.S.C. 1395w–4(k)(2)(C)(i) ) is amended by adding at the end the following new sentence: For purposes of reporting data on quality measures for covered professional services furnished during 2018 and each subsequent year, the quality measures specified under this paragraph shall include a measure with respect to referrals of eligible diabetes prevention program individuals (as defined in paragraph (2) of section 1861(iii)) to diabetes prevention programs (as defined in paragraph (1) of such section). . (c) Inclusion of diabetes risk assessment in medicare personalized prevention plan (1) In general Section 1861(hhh)(2)(C) of the Social Security Act (42 U.S.C. 1395x(hhh)(2)(C)) is amended by inserting before the period at the end the following: , and an assessment of whether the individual is an individual at risk for diabetes (as defined in subsection (yy)(2)) . (2) Effective date The amendments made by this subsection shall apply to personalized prevention plans created or updated on or after January 1, 2015. 3. Findings; sense of the House of Representatives regarding diabetes prevention under the Medicaid program (a) Findings Congress makes the following findings: (1) The prevalence and cost of diabetes is a significant concern for State Medicaid programs. By 2021, the Medicaid program is expected to cover 13,000,000 people with diabetes and about 9,000,000 people who may have pre-diabetes. By 2021, States will spend an estimated $83,000,000,000 on individuals with diabetes or pre-diabetes. (2) The National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention, has been proven to reduce the onset of diabetes in at-risk adults by 58 percent, using a cost-effective, community-based intervention. (b) Sense of the House of Representatives It is the sense of the House of Representatives that the National Diabetes Prevention Program presents an opportunity for States to reduce the incidence of diabetes among individuals enrolled in their Medicaid programs.

https://www.govinfo.gov/content/pkg/BILLS-113hr962ih/xml/BILLS-113hr962ih.xml

113-hr-963

I 113th CONGRESS 1st Session H. R. 963 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Ms. DeGette (for herself and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To assist low-income individuals in obtaining medically recommended dental care. 1. Short title This Act may be cited as the Coordination of Pro Bono Medically Recommended Dental Care Act . 2. Grants or contracts to facilitate low-income access to dental care Part B of title III of the Public Health Service Act is amended by inserting after section 317M ( 42 U.S.C. 247b–14a ) the following new section: 317M–1. Grants or contracts to facilitate low-income access to dental care (a) Grants The Secretary shall award competitive grants to, or enter into contracts with, eligible entities to maximize the number of eligible low-income individuals receiving dental care. (b) Use of funds An entity shall use amounts received under a grant or contract under this section to fund the employment costs of a program to— (1) coordinate the provision of free, medically recommended dental care to eligible low-income individuals by volunteer dentists in a manner consistent with State licensing laws; and (2) verify the medical, dental, and financial needs of eligible low-income individuals who may be eligible for such dental services. (c) Eligibility (1) Eligible entity To be eligible to receive a grant or contract under subsection (a), an entity shall— (A) be an entity that is exempt from tax under section 501(c) of the Internal Revenue Code of 1986; (B) provide for the participation of eligible individuals in a free dental services program; and (C) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Eligible individual To be eligible to participate in a program described in paragraph (1)(B), an individual shall be— (A) an adult individual entitled to benefits under part A of title XVIII of the Social Security Act; (B) an individual enrolled in part B of title XVIII of such Act; (C) an individual enrolled in a State plan or waiver under title XIX of such Act; or (D) an individual enrolled in a State child health plan under title XXI of such Act or under an approved waiver of such plan. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section, $2,000,000 for each of fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr963ih/xml/BILLS-113hr963ih.xml

113-hr-964

I 113th CONGRESS 1st Session H. R. 964 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Ms. DeGette (for herself and Mr. Coffman ) 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 to provide that Federal law shall not preempt State law. 1. Short title This Act may be cited as the Respect States’ and Citizens’ Rights Act of 2013 . 2. In general Section 708 of the Controlled Substances Act ( 21 U.S.C. 903 ) is amended— (1) by striking No provision and inserting (a) In general.— Except as provided in subsection (b), no provision ; and (2) by adding at the end the following: (b) Special rule regarding State marihuana laws In the case of any State law that pertains to marihuana, no provision of this title shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of State law on the same subject matter, nor shall any provision of this title be construed as preempting any such State law. .

https://www.govinfo.gov/content/pkg/BILLS-113hr964ih/xml/BILLS-113hr964ih.xml

113-hr-965

I 113th CONGRESS 1st Session H. R. 965 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Gutierrez introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the possession or transfer of junk guns, also known as Saturday Night Specials. 1. Prohibition against possession or transfer of junk guns, also known as saturday night specials (a) In general Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) It shall be unlawful for any person to possess or transfer a junk gun which has been shipped or transported in interstate or foreign commerce. (2) Paragraph (1) shall not apply to the continuous and otherwise lawful possession of a junk gun by a person during any period that began before the effective date of this subsection. . (b) Junk gun defined Section 921(a) of such title is amended by adding at the end the following: (36) (A) The term junk gun means— (i) a handgun that is not a sporting handgun; and (ii) any combination of parts from which a handgun described in clause (i) can be assembled. (B) The term sporting handgun means a handgun which the Secretary has determined, using the criteria applied in making determinations under section 925(d)(3), to be of a type generally recognized as particularly suitable for or readily adaptable to sporting purposes. . (c) Penalty Section 924(a)(1)(B) of such title is amended by inserting or (aa) before of .

https://www.govinfo.gov/content/pkg/BILLS-113hr965ih/xml/BILLS-113hr965ih.xml

113-hr-966

I 113th CONGRESS 1st Session H. R. 966 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Ms. Hanabusa (for herself, Ms. Gabbard , Mr. Honda , Mr. Takano , Mr. Faleomavaega , Ms. Chu , Mr. Sablan , and Mr. Farr ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas and for other purposes. 1. Short title This Act may be cited as the Filipino Veterans Family Reunification Act of 2013 . 2. Exemption from immigrant visa limit Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) Aliens who— (i) are eligible for a visa under paragraph (1) or (3) of section 203(a); and (ii) have a parent (regardless of whether the parent is living or dead) who was naturalized pursuant to— (I) section 405 of the Immigration Act of 1990 ( Public Law 101–649 ; 8 U.S.C. 1440 note); or (II) title III of the Act of October 14, 1940 (54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182, chapter 199). .

https://www.govinfo.gov/content/pkg/BILLS-113hr966ih/xml/BILLS-113hr966ih.xml

113-hr-967

I 113th CONGRESS 1st Session H. R. 967 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mrs. Lummis (for herself, Mr. Smith of Texas , and Ms. Eddie Bernice Johnson of Texas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To amend the High-Performance Computing Act of 1991 to authorize activities for support of networking and information technology research, and for other purposes. 1. Short title This Act may be cited as the Advancing America’s Networking and Information Technology Research and Development Act of 2013 . 2. Program planning and coordination (a) Periodic reviews Section 101 of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511 ) is amended by adding at the end the following new subsection: (d) Periodic reviews The agencies identified in subsection (a)(3)(B) shall— (1) periodically assess the contents and funding levels of the Program Component Areas and restructure the Program when warranted, taking into consideration any relevant recommendations of the advisory committee established under subsection (b); and (2) ensure that the Program includes large-scale, long-term, interdisciplinary research and development activities, including activities described in section 104. . (b) Development of strategic plan Section 101 of such Act ( 15 U.S.C. 5511 ) is amended further by adding after subsection (d), as added by subsection (a) of this Act, the following new subsection: (e) Strategic plan (1) In general The agencies identified in subsection (a)(3)(B), working through the National Science and Technology Council and with the assistance of the National Coordination Office described under section 102, shall develop, within 12 months after the date of enactment of the Advancing America’s Networking and Information Technology Research and Development Act of 2013 , and update every 3 years thereafter, a 5-year strategic plan to guide the activities described under subsection (a)(1). (2) Contents The strategic plan shall specify near-term and long-term objectives for the Program, the anticipated time frame for achieving the near-term objectives, the metrics to be used for assessing progress toward the objectives, and how the Program will— (A) foster the transfer of research and development results into new technologies and applications for the benefit of society, including through cooperation and collaborations with networking and information technology research, development, and technology transition initiatives supported by the States; (B) encourage and support mechanisms for interdisciplinary research and development in networking and information technology, including through collaborations across agencies, across Program Component Areas, with industry, with Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)), and with international organizations; (C) address long-term challenges of national importance for which solutions require large-scale, long-term, interdisciplinary research and development; (D) place emphasis on innovative and high-risk projects having the potential for substantial societal returns on the research investment; (E) strengthen all levels of networking and information technology education and training programs to ensure an adequate, well-trained workforce; and (F) attract more women and underrepresented minorities to pursue postsecondary degrees in networking and information technology. (3) National research infrastructure The strategic plan developed in accordance with paragraph (1) shall be accompanied by milestones and roadmaps for establishing and maintaining the national research infrastructure required to support the Program, including the roadmap required by subsection (a)(2)(E). (4) Recommendations The entities involved in developing the strategic plan under paragraph (1) shall take into consideration the recommendations— (A) of the advisory committee established under subsection (b); and (B) of the stakeholders whose input was solicited by the National Coordination Office, as required under section 102(b)(3). (5) Report to Congress The Director of the National Coordination Office shall transmit the strategic plan required under paragraph (1) to the advisory committee, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives. . (c) Additional responsibilities of director Section 101(a)(2) of such Act (15 U.S.C. 5511(a)(2)) is amended— (1) in subparagraph (A) by inserting education, before and other activities ; (2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (3) by inserting after subparagraph (D) the following new subparagraph: (E) encourage and monitor the efforts of the agencies participating in the Program to allocate the level of resources and management attention necessary to ensure that the strategic plan under subsection (e) is developed and executed effectively and that the objectives of the Program are met; . (d) Advisory committee Section 101(b)(1) of such Act ( 15 U.S.C. 5511(b)(1) ) is amended— (1) after the first sentence, by inserting the following: The co-chairs of the advisory committee shall meet the qualifications of committee membership and may be members of the President’s Council of Advisors on Science and Technology. ; and (2) in subparagraph (D), by striking high-performance and inserting high-end . (e) Report Section 101(a)(3) of such Act ( 15 U.S.C. 5511(a)(3) ) is amended— (1) in subparagraph (C)— (A) by striking is submitted, and inserting is submitted, the levels for the previous fiscal year, ; and (B) by striking each Program Component Area; and inserting each Program Component Area and research area supported in accordance with section 104; ; (2) in subparagraph (D)— (A) by striking each Program Component Area, and inserting each Program Component Area and research area supported in accordance with section 104, ; (B) by striking is submitted, and inserting is submitted, the levels for the previous fiscal year, ; and (C) by striking and after the semicolon; (3) by redesignating subparagraph (E) as subparagraph (G); and (4) by inserting after subparagraph (D) the following new subparagraphs: (E) include a description of how the objectives for each Program Component Area, and the objectives for activities that involve multiple Program Component Areas, relate to the objectives of the Program identified in the strategic plan required under subsection (e); (F) include— (i) a description of the funding required by the National Coordination Office to perform the functions specified under section 102(b) for the next fiscal year by category of activity; (ii) a description of the funding required by such Office to perform the functions specified under section 102(b) for the current fiscal year by category of activity; and (iii) the amount of funding provided for such Office for the current fiscal year by each agency participating in the Program; and . (f) Definition Section 4 of such Act ( 15 U.S.C. 5503 ) is amended— (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; (2) by inserting before paragraph (2), as so redesignated, the following new paragraph: (1) cyber-physical systems means physical or engineered systems whose networking and information technology functions and physical elements are deeply integrated and are actively connected to the physical world through sensors, actuators, or other means to perform monitoring and control functions; ; (3) in paragraph (3), as so redesignated, by striking high-performance computing and inserting networking and information technology ; (4) in paragraph (4), as so redesignated— (A) by striking “high-performance computing” and inserting “networking and information technology”; and (B) by striking “supercomputer” and inserting “high-end computing”; (5) in paragraph (6), as so redesignated, by striking network referred to as and all that follows through the semicolon and inserting network, including advanced computer networks of Federal agencies and departments; ; and (6) in paragraph (7), as so redesignated, by striking National High-Performance Computing Program and inserting networking and information technology research and development program . 3. Large-scale research in areas of national importance Title I of such Act ( 15 U.S.C. 5511 ) is amended by adding at the end the following new section: 104. Large-scale research in areas of national importance (a) In general The Program shall encourage agencies identified in section 101(a)(3)(B) to support large-scale, long-term, interdisciplinary research and development activities in networking and information technology directed toward application areas that have the potential for significant contributions to national economic competitiveness and for other significant societal benefits. Such activities, ranging from basic research to the demonstration of technical solutions, shall be designed to advance the development of research discoveries. The advisory committee established under section 101(b) shall make recommendations to the Program for candidate research and development areas for support under this section. (b) Characteristics (1) In general Research and development activities under this section shall— (A) include projects selected on the basis of applications for support through a competitive, merit-based process; (B) involve collaborations among researchers in institutions of higher education and industry, and may involve nonprofit research institutions and Federal laboratories, as appropriate; (C) when possible, leverage Federal investments through collaboration with related State initiatives; and (D) include a plan for fostering the transfer of research discoveries and the results of technology demonstration activities, including from institutions of higher education and Federal laboratories, to industry for commercial development. (2) Cost-sharing In selecting applications for support, the agencies shall give special consideration to projects that include cost sharing from non-Federal sources. (3) Agency collaboration If 2 or more agencies identified in section 101(a)(3)(B), or other appropriate agencies, are working on large-scale research and development activities in the same area of national importance, then such agencies shall strive to collaborate through joint solicitation and selection of applications for support and subsequent funding of projects. (4) Interdisciplinary research centers Research and development activities under this section may be supported through interdisciplinary research centers that are organized to investigate basic research questions and carry out technology demonstration activities in areas described in subsection (a). Research may be carried out through existing interdisciplinary centers, including those authorized under section 7024(b)(2) of the America COMPETES Act (Public Law 110–69; 42 U.S.C. 1862o–10). . 4. Cyber-physical systems (a) Additional Program characteristics Section 101(a)(1) of such Act (15 U.S.C. 5511(a)(1)) is amended— (1) in subparagraph (H), by striking and after the semicolon; (2) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: (J) provide for increased understanding of the scientific principles of cyber-physical systems and improve the methods available for the design, development, and operation of cyber-physical systems that are characterized by high reliability, safety, and security; and (K) provide for research and development on human-computer interactions, visualization, and big data. . (b) Task force Title I of such Act (15 U.S.C. 5511) is amended further by adding after section 104, as added by section 3 of this Act, the following new section: 105. University/Industry Task force (a) Establishment Not later than 180 days after the date of enactment of the Advancing America’s Networking and Information Technology Research and Development Act of 2013 , the Director of the National Coordination Office shall convene a task force to explore mechanisms for carrying out collaborative research and development activities for cyber-physical systems, including the related technologies required to enable these systems, through a consortium or other appropriate entity with participants from institutions of higher education, Federal laboratories, 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 and to ensure the development of related scientific and technological milestones; (3) define the roles and responsibilities for the participants from institutions of higher education, Federal laboratories, and industry in such entity; (4) propose guidelines for assigning intellectual property rights and for the transfer of research results to the private sector; and (5) make recommendations for how such entity could be funded from Federal, State, and non-governmental sources. (c) Composition In establishing the task force under subsection (a), the Director of the National Coordination Office— (1) shall appoint an equal number of individuals with knowledge and expertise in cyber-physical systems from— (A) institutions of higher education, including minority-serving institutions and community colleges; and (B) industry; and (2) may appoint not more than 2 individuals from Federal laboratories. (d) Report Not later than 1 year after the date of enactment of the Advancing America’s Networking and Information Technology Research and Development Act of 2013 , the Director of the National Coordination Office shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report 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 Members of the task force shall serve without compensation. . 5. Cloud computing services for research Title I of such Act ( 15 U.S.C. 5511 ) is amended further by adding after section 105, as added by section 4(b) of this Act, the following new section: 106. Cloud computing services for research (a) Interagency working group Not later than 180 days after the date of enactment of the Advancing America’s Networking and Information Technology Research and Development Act of 2013 , the Director of the National Coordination Office, working through the National Science and Technology Council, shall convene an interagency working group to examine— (1) the research and development needed— (A) to enhance the effectiveness and efficiency of cloud computing environments; (B) to increase the trustworthiness of cloud applications and infrastructure; and (C) to enhance the foundations of cloud architectures, programming models, and interoperability; and (2) the potential use of cloud computing for federally funded science and engineering research, including issues around funding mechanisms and policies for the use of cloud computing services for such research. (b) Consultation In carrying out the tasks in paragraphs (1) and (2) of subsection (a), the working group shall consult with academia, industry, Federal laboratories, and other relevant organizations and institutions, as appropriate. (c) Report Not later than 1 year after the date of enactment of the Advancing America’s Networking and Information Technology Research and Development Act of 2013 , the Director of the National Coordination Office shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the findings and any recommendations of the working group. (d) Termination The interagency working group shall terminate upon transmittal of the report required under subsection (c). . 6. National Coordination Office Section 102 of such Act ( 15 U.S.C. 5512 ) is amended to read as follows: 102. National Coordination Office (a) Office The Director shall continue a National Coordination Office with a Director and full-time staff. (b) Functions The National Coordination Office shall— (1) provide technical and administrative support to— (A) the agencies participating in planning and implementing the Program, including such support as needed in the development of the strategic plan under section 101(e); and (B) the advisory committee established under section 101(b); (2) serve as the primary point of contact on Federal networking and information technology activities for government organizations, academia, industry, professional societies, State computing and networking technology programs, interested citizen groups, and others to exchange technical and programmatic information; (3) solicit input and recommendations from a wide range of stakeholders during the development of each strategic plan required under section 101(e) through the convening of at least 1 workshop with invitees from academia, industry, Federal laboratories, and other relevant organizations and institutions; (4) conduct public outreach, including the dissemination of findings and recommendations of the advisory committee, as appropriate; and (5) promote access to and early application of the technologies, innovations, and expertise derived from Program activities to agency missions and systems across the Federal Government and to United States industry. (c) Source of funding (1) In general The operation of the National Coordination Office shall be supported by funds from each agency participating in the Program. (2) Specifications The portion of the total budget of such Office that is provided by each agency for each fiscal year shall be in the same proportion as each such agency’s share of the total budget for the Program for the previous fiscal year, as specified in the report required under section 101(a)(3). . 7. Improving networking and information technology education Section 201(a) of such Act (15 U.S.C. 5521(a)) is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following new paragraph: (2) the National Science Foundation shall use its existing programs, in collaboration with other agencies, as appropriate, to improve the teaching and learning of networking and information technology at all levels of education and to increase participation in networking and information technology fields, including by women and underrepresented minorities; . 8. Conforming and technical amendments (a) Section 3 Section 3 of such Act (15 U.S.C. 5502) is amended— (1) in the matter preceding paragraph (1), by striking high-performance computing and inserting networking and information technology ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking high-performance computing and inserting networking and information technology ; (B) in subparagraphs (A), (F), and (G), by striking high-performance computing each place it appears and inserting networking and information technology ; and (C) in subparagraph (H), by striking high-performance and inserting high-end ; and (3) in paragraph (2)— (A) by striking high-performance computing and and inserting networking and information technology and ; and (B) by striking high-performance computing network and inserting networking and information technology . (b) Title I The heading of title I of such Act ( 15 U.S.C. 5511 ) is amended by striking High-Performance Computing and inserting Networking and Information Technology . (c) Section 101 Section 101 of such Act ( 15 U.S.C. 5511 ) is amended— (1) in the section heading, by striking High-Performance Computing and inserting Networking and Information Technology Research and Development ; (2) in subsection (a)— (A) in the subsection heading, by striking National High-Performance Computing and inserting Networking and Information Technology Research and Development ; (B) in paragraph (1) of such subsection— (i) in the matter preceding subparagraph (A), by striking National High-Performance Computing Program and inserting networking and information technology research and development program ; (ii) in subparagraph (A), by striking high-performance computing, including networking and inserting networking and information technology ; (iii) in subparagraphs (B) and (G), by striking high-performance each place it appears and inserting high-end ; and (iv) in subparagraph (C), by striking high-performance computing and networking and inserting high-end computing, distributed, and networking ; and (C) in paragraph (2) of such subsection— (i) in subparagraphs (A) and (C)— (I) by striking high-performance computing each place it appears and inserting networking and information technology ; and (II) by striking development, networking, each place it appears and inserting development, ; and (ii) in subparagraphs (F) and (G), as redesignated by section 2(c)(1) of this Act, by striking high-performance each place it appears and inserting high-end ; (3) in subsection (b)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking high-performance computing both places it appears and inserting networking and information technology ; and (B) in paragraph (2), in the second sentence, by striking 2 and inserting 3 ; and (4) in subsection (c)(1)(A), by striking high-performance computing and inserting networking and information technology . (d) Section 201 Section 201(a)(1) of such Act ( 15 U.S.C. 5521(a)(1) ) is amended by striking high-performance computing and all that follows through networking; and inserting networking and information research and development; . (e) Section 202 Section 202(a) of such Act ( 15 U.S.C. 5522(a) ) is amended by striking high-performance computing and inserting networking and information technology . (f) Section 203 Section 203(a) of such Act ( 15 U.S.C. 5523(a)(1) ) is amended— (1) in paragraph (1), by striking high-performance computing and networking and inserting networking and information technology ; and (2) in paragraph (2)(A), by striking high-performance and inserting high-end . (g) Section 204 Section 204 of such Act ( 15 U.S.C. 5524 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A), by striking high-performance computing systems and networks and inserting networking and information technology systems and capabilities ; (B) in subparagraph (B), by striking interoperability of high-performance computing systems in networks and for common user interfaces to systems and inserting interoperability and usability of networking and information technology systems ; and (C) in subparagraph (C), by striking high-performance computing and inserting networking and information technology ; and (2) in subsection (b)— (A) in the heading, by striking High-Performance Computing and Network and inserting Networking and Information Technology ; and (B) by striking sensitive . (h) Section 205 Section 205(a) of such Act ( 15 U.S.C. 5525(a) ) is amended by striking computational and inserting networking and information technology . (i) Section 206 Section 206(a) of such Act ( 15 U.S.C. 5526(a) ) is amended by striking computational research and inserting networking and information technology research . (j) Section 207 Section 207(b) of such Act ( 15 U.S.C. 5527(b) ) is amended by striking high-performance computing and inserting networking and information technology . (k) Section 208 Section 208 of such Act ( 15 U.S.C. 5528 ) is amended— (1) in the section heading, by striking High-Performance Computing and inserting Networking and Information Technology ; and (2) in subsection (a)— (A) in paragraph (1), by striking High-performance computing and associated and inserting Networking and information ; (B) in paragraph (2), by striking high-performance computing and inserting networking and information technologies ; (C) in paragraph (3), by striking high-performance and inserting high-end ; (D) in paragraph (4), by striking high-performance computers and associated and inserting networking and information ; and (E) in paragraph (5), by striking high-performance computing and associated and inserting networking and information .

https://www.govinfo.gov/content/pkg/BILLS-113hr967ih/xml/BILLS-113hr967ih.xml

113-hr-968

I 113th CONGRESS 1st Session H. R. 968 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Ms. Matsui introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the National Flood Insurance Act of 1968 to allow the rebuilding, without elevation, of certain structures located in special flood hazard zones that are damaged by fire, and for other purposes. 1. Short title This Act may be cited as the Fire-Damaged Home Rebuilding Act of 2013 . 2. Requirements for State and local land use controls Subsection (a) of section 1315 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4022(a) ) is amended by adding at the end the following new paragraph: (3) Allowable local variances for certain residential structures (A) Requirement Notwithstanding any other provision of this Act, the land use and control measures adopted pursuant to paragraph (1) may not, for purposes of such paragraph, be considered to be inadequate or inconsistent with the comprehensive criteria for land management and use under section 1361 because such measures provide that, in the case of any residential structure that is located in a covered area and is substantially damaged by fire, a variance in accordance with subparagraph (C) may be granted, and the Administrator may not suspend a community from participation in the national flood insurance program, or place such a community on probation under such program, because such land use and control measures provide for such a variance. (B) Covered area For purposes of subparagraph (A), the term covered area means an area that— (i) has special flood hazards; (ii) will be protected by a levee system that will meet the requirements of section 65.10 of the Administrator’s regulations (44 C.F.R. 65.10) and toward the repair, replacement, or construction of which adequate progress, acceptable to the Administrator, has been made; and (iii) absent the protection provided by such levee, is subject to significant base flood elevations of not less than a reasonable height, as determined by the Administrator. (C) Variance; considerations A variance in accordance with this subparagraph is a variance, granted by an appropriate official of the community, from compliance with such land use and control measures that allows for the repair and restoration of such structure to its predamaged condition without elevation of the structure, but only after a determination by such appropriate official that— (i) the repaired and restored structure is located on the original location of the structure prior to such fire damage and the footprint of such repaired and restored structure does not exceed the footprint of the original structure; (ii) the elevation of the repaired and restored structure is consistent with existing construction in the neighborhood; (iii) no claims payments have been made under flood insurance coverage under this title for losses to such structure; (iv) the owner of the structure for which the variance is granted has owned the structure continually from before the time of the fire damage referred to in subparagraph (A); and (v) the repair and restoration of the structure is for the purpose of continued occupancy by such owner. . 3. Premium rates Section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ) is amended by adding at the end the following new subsection: (j) Premium rates for structures with certain variances Notwithstanding any other provision of this Act, the chargeable premium rate for coverage under this title for any residential structure provided a variance pursuant to section 1315(a)(3) shall, after repair and restoration of the structure pursuant to such variance, be the rate that otherwise would apply to such structure if the structure had not been substantially damaged and repaired and restored pursuant to such variance. .

https://www.govinfo.gov/content/pkg/BILLS-113hr968ih/xml/BILLS-113hr968ih.xml

113-hr-969

I 113th CONGRESS 1st Session H. R. 969 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Price of Georgia (for himself, Mr. Boustany , Mr. Roe of Tennessee , Mrs. Blackburn , and Mr. Cassidy ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit conditioning licensure of a health care provider upon participation in a health plan. 1. Short title This Act may be cited as the Medical Practice Freedom Act of 2013 . 2. Health care provider licensure cannot be conditioned on participation in a health plan (a) In general The Secretary of Health and Human Services and any State (as a condition of receiving Federal financial participation under title XIX of the Social Security Act) may not require any health care provider to participate in any health plan as a condition of licensure of the provider in any State. (b) Definitions In this section: (1) Health plan The term health plan has the meaning given such term in section 1171(5) of the Social Security Act ( 42 U.S.C. 1320d(5) ), and includes a basic health program established under section 1331 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), a qualified health plan offered by a qualified nonprofit health insurance issuer under the Consumer Operated and Oriented Plan (CO–OP) program under section 1322 of such Act, a qualified health plan offered under a health care choice compact under section 1333 of such Act, a multi-state qualified health plan offered under section 1334 of such Act, or other health plan offered under title I of such Act. (2) Health care provider The term health care provider means any person or entity that is required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services and is so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (3) State The term State has the meaning given such term for purposes of title XIX of the Social Security Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr969ih/xml/BILLS-113hr969ih.xml

113-hr-970

I 113th CONGRESS 1st Session H. R. 970 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Michaud introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend part D of title IV of the Social Security Act to prohibit States from charging child support recipients for the collection of child support. 1. Short title This Act may be cited as the Elimination of Single Parent Tax Act of 2013 . 2. Prohibition on States from charging child support recipients for the collection of child support Section 454(6)(B)(ii) of the Social Security Act ( 42 U.S.C. 654(6)(B)(ii) ) is amended— (1) by striking retained by the State from support collected on behalf of the individual (but not from the first $500 so collected), paid by the individual applying for the services, ; and (2) by striking the comma after absent parent . 3. Conforming amendments Section 457(a)(4) of the Social Security Act ( 42 U.S.C. 657(a)(4) ) is amended— (1) by striking the portion of ; and (2) by striking that remains after withholding any fee pursuant to section 454(6)(B)(ii) . 4. Effective date (a) In general Except as otherwise provided in subsection (b), each amendment made by this Act shall take effect on October 1, 2013, and shall apply to payments under part D of title IV of the Social Security Act for quarters beginning on or after such date. (b) Delay permitted if state legislation required (1) In general Until the date described in paragraph (2), a qualified State plan shall not be regarded as failing to comply with part D of title IV of the Social Security Act, solely by reason of the plan failing to comply with the additional requirements imposed by reason of this Act. (2) Date described (A) In general The date described in this paragraph is the first day of the first calendar quarter that begins after the close of the first regular session of the State legislature that ends after the effective date of this Act. (B) Special rule For purposes of subparagraph (A), in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. (3) Qualified state plan In paragraph (1), the term qualified State plan means a State plan, approved under part D of title IV of the Social Security Act, which the Secretary of Health and Human Services determines will require State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by reason of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr970ih/xml/BILLS-113hr970ih.xml

113-hr-971

I 113th CONGRESS 1st Session H. R. 971 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Paulsen (for himself and Mr. McHenry ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To prohibit the sale or trade to another community of community development block grant award amounts. 1. Short title This Act may be cited as the Ensuring Proper Community Investments Act of 2013 . 2. Prohibition on sale or trade of Community Development Block Grant awards (a) Prohibition Section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) is amended by adding at the end the following new subsection: (i) Prohibition on sale or trade of awards A metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that receives a grant of amounts under this title from the Secretary or through a State allocation pursuant to section 106(d) may not sell, trade, or otherwise transfer all or any portion of such amounts to or for any other metropolitan city, urban county, unit of general local government, Indian tribe or insular area. . (b) Regulations The Secretary of Housing and Urban Development shall issue any regulations necessary to carry out section 105(i) of the Housing and Community Development Act of 1974, as added by the amendment made by subsection (a) of this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr971ih/xml/BILLS-113hr971ih.xml

113-hr-972

I 113th CONGRESS 1st Session H. R. 972 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Austin Scott of Georgia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect individual privacy against unwarranted governmental intrusion through the use of the unmanned aerial vehicles commonly called drones, and for other purposes. 1. Short title This Act may be cited as the Preserving Freedom from Unwarranted Surveillance Act of 2013 . 2. Prohibited use of drones Except as provided in section 3, a person or entity acting under the authority of the United States shall not use a drone to gather evidence or other information pertaining to criminal conduct or conduct in violation of a regulation except to the extent authorized in a warrant issued under the procedures described in the Federal Rules of Criminal Procedure. 3. Exceptions This Act does not prohibit any of the following: (1) Patrol of borders The use of a drone to patrol national borders to prevent or deter illegal entry of any immigrants or illegal substances. (2) Exigent circumstances The use of a drone by a law enforcement party when exigent circumstances exist. For the purposes of this paragraph, exigent circumstances exist when the law enforcement party possesses reasonable suspicion that under particular circumstances, swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. (3) High risk The use of a drone to counter a high risk of a terrorist attack by a specific individual or organization, when the Secretary of Homeland Security determines credible intelligence indicates there is such a risk. 4. Remedies for violation Any aggrieved party may in a civil action obtain all appropriate relief to prevent or remedy a violation of this Act. 5. Definitions In this Act: (1) The term drone means any powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, can fly autonomously or be piloted remotely, can be expendable or recoverable, and can carry a lethal or nonlethal payload. (2) The term law enforcement party means a person or entity authorized by law to investigate or prosecute offenses against the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr972ih/xml/BILLS-113hr972ih.xml

113-hr-973

I 113th CONGRESS 1st Session H. R. 973 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Sensenbrenner (for himself, Mr. Chabot , Mr. Palazzo , Mr. Harper , Mr. Bachus , Mr. King of Iowa , Mr. Tiberi , Mr. Boustany , Mr. Johnson of Ohio , Mr. Mulvaney , Mr. Huizenga of Michigan , Mr. Ribble , Mr. Duncan of Tennessee , Mr. Carter , Mr. Nugent , Mr. Conaway , Mr. Petri , Mr. Amodei , Mr. Lankford , Mr. Bilirakis , Mr. Westmoreland , Mr. Fitzpatrick , Mrs. Black , Mr. Marino , Mr. Gingrey of Georgia , Mr. Miller of Florida , Mr. Jordan , Mr. Walberg , Mr. Barletta , Mr. Forbes , and Mr. Duffy ) 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 exempt employers from any excise tax and certain suits and penalties in the case of a failure of a group health plan to provide coverage to which an employer objects on the basis of religious belief or moral conviction. 1. Short title This Act may be cited as the Religious Freedom Tax Repeal Act of 2013 . 2. Group health plan requirement excise tax exception for religious or moral opposition to coverage Section 4980D of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: (f) Exception for religious or moral opposition to certain coverage No tax shall be imposed on a failure of a group health plan to meet the requirements of section 2713(a)(4) of the Public Health Service Act, as such section applies by operation of section 9815, in the case of any failure to provide coverage to which an employer with respect to such plan is opposed by reason of adherence to a religious belief or moral conviction. . 3. No authority under ERISA to enforce requirement for group health plans to provide coverage to which an employer objects on religious or moral grounds Section 502(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132(b) ) is amended by adding at the end the following: (4) The Secretary may not bring an action to enforce any requirement to provide coverage under section 2713(a)(4) of the Public Health Service Act, as such section applies by operation of section 715(a) of this title, against a plan if an employer with respect to such plan is opposed to such coverage by reason of adherence to a religious belief or moral conviction. . 4. No penalties under the Public Health Service Act for group health plans not providing coverage to which an employer objects on religious or moral grounds Section 2713 of the Public Health Service Act is amended by adding at the end the following new subsection: (d) Exception for religious or moral opposition to certain coverage The provisions of subsections (a)(2) and (b) of section 2723 shall not apply with respect to any failure of a group health plan of an employer or group health insurance coverage offered in connection with such a plan to meet any requirement under subsection (a)(4) insofar as such requirement relates to providing coverage to which an employer is opposed on the basis of religious belief or moral conviction. .

https://www.govinfo.gov/content/pkg/BILLS-113hr973ih/xml/BILLS-113hr973ih.xml

113-hr-974

I 113th CONGRESS 1st Session H. R. 974 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Sires (for himself, Mr. Smith of Washington , Mr. Blumenauer , Ms. Hahn , Ms. Brown of Florida , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend titles 23 and 49, United States Code, to establish national policies and programs to strengthen freight-related infrastructure, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Multimodal Opportunities Via Enhanced Freight Act of 2013 or the MOVE Freight 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—National and State Freight Policy and Planning Sec. 101. National freight policy. Sec. 102. State freight plans. Title II—National Freight Infrastructure Investment Sec. 201. National freight infrastructure investment grants. 2. Findings Congress finds the following: (1) The rapid and cost efficient movement of goods throughout the United States supply chain, and particularly through United States trade gateways and corridors, is vital to securing the Nation’s economic future and maintaining the Nation’s competitiveness in world markets. (2) More than $16 trillion worth of freight was moved in the United States in 2010, accounting for $13 trillion in domestic shipments and $3 trillion in international exports and imports. (3) Freight is forecasted to grow, with indicators showing that United States shipments will more than double between 2010 and 2040 to roughly $39.5 trillion annually, with an estimated $10.3 trillion worth of goods using multiple modes of transportation each year. (4) By 2020, the Nation’s projected surface transportation infrastructure deficiencies are expected to cost the national economy cumulatively almost $900 billion in gross domestic product, rising to $2.7 billion through 2040. (5) It is the responsibility of the Federal Government to support business by helping to ensure multimodal freight networks that will provide reliable, efficient, and safe transportation, allowing cost-effective transport of goods to markets near and far. (6) A national campaign of strategic investment to expand capacity and increase efficiency can circumvent the projected loss in United States productivity and decline in global competitiveness. (7) In establishing national policies and programs to strengthen freight-related infrastructure, the President, Federal officials, and other relevant stakeholders should consider the critical importance of freight to United States businesses and global economic competitiveness. (8) Under the Constitution, it is the role of the Federal Government to protect and promote commerce with foreign nations and among the States through all reasonable means, including through investment in goods movement infrastructure. I National and State Freight Policy and Planning 101. National freight policy (a) National freight network defined Section 101(a) of title 23, United States Code, is amended— (1) by redesignating paragraphs (15) through (34) as paragraphs (16) through (35), respectively; and (2) by inserting after paragraph (14) the following: (15) National freight network The term national freight network means a network composed of highways, railways, navigable waterways, seaports, airports, freight intermodal connectors, and aerotropolis transportation systems most critical to the multimodal movement of freight. . (b) Establishment and designation of national freight network Subsections (c) and (d) of section 167 of title 23, United States Code, are amended to read as follows: (c) Establishment of national freight network (1) In general The Secretary shall establish a national freight network in accordance with this section to assist States in strategically directing resources toward improved system performance for efficient movement of freight— (A) on highways (including highways on the national highway system), railways, navigable waterways, freight intermodal connectors, and aerotropolis transportation systems; and (B) into and out of inland ports, seaports, and airports. (2) Network components The national freight network shall consist of multimodal transportation infrastructure, including— (A) the primary freight network, as designated by the Secretary under subsection (d) (referred to in this section as the primary freight network ) as the network composed of highways, railways, navigable waterways, seaports, airports, freight intermodal connectors, and aerotropolis transportation systems most critical to the multimodal movement of freight; (B) the portions of the Interstate System not designated as part of the primary freight network; and (C) critical rural freight corridors established under subsection (e). (d) Designation of primary freight network (1) Initial designation of primary freight network (A) Designation Not later than 1 year after the date of enactment of this section, the Secretary shall designate a multimodal primary freight network— (i) based on an inventory of national freight volume conducted by the Secretary, in consultation with stakeholders, including system users, transport providers, and States; (ii) that shall be comprised of— (I) not more than 27,000 miles of existing major freight corridors that are most critical; (II) critical rail corridors; (III) critical intermodal connections; and (IV) critical inland port, seaport, and airport infrastructure, at the discretion of the Secretary. (B) Factors for designation In designating the primary freight network, the Secretary shall consider— (i) the generation of national economic benefits, including job creation, expanded business opportunities, and benefits to the gross domestic product; (ii) the origins and destinations of freight movement in the United States; (iii) the total freight tonnage and value of freight moved; (iv) the percentage of annual average daily traffic; (v) land and maritime ports of entry; (vi) access to energy exploration, development, installation, or production areas; (vii) population centers; and (viii) network connectivity. (2) Additional miles on multimodal primary freight network In addition to the miles of existing major freight corridors initially designated under paragraph (1), the Secretary may increase the number of miles designated as part of the primary freight network by not more than 3,000 additional miles of freight corridors (which may include existing or planned corridors) critical to future efficient movement of goods on the primary freight network. (3) Redesignation of primary freight network Effective beginning 10 years after the designation of the primary freight network and every 10 years thereafter, using the designation factors described in paragraph (1), the Secretary shall redesignate the primary freight network (including additional mileage described in paragraph (2)). . 102. State freight plans Section 1118(a) of MAP–21 ( 23 U.S.C. 167 note; 126 Stat. 473) is amended— (1) by striking encourage and inserting require ; and (2) by adding at the end the following: Each State shall coordinate with neighboring states to ensure multistate network continuity and con­nec­tiv­i­ty. . II National Freight Infrastructure Investment 201. National freight infrastructure investment grants (a) Establishment of Program Chapter 55 of title 49, United States Code, is amended by adding at the end the following: III Financial Assistance 5581. National freight infrastructure investment grants (a) Establishment of Program The Secretary of Transportation shall establish a competitive grant program to provide financial assistance for capital investments that improve the efficiency of the national transportation system to move freight. (b) Eligible Projects An applicant is eligible for a grant under this section for— (1) a port development or improvement project; (2) a multimodal terminal facility project; (3) a land port of entry project; (4) a freight rail improvement or capacity expansion project; (5) an intelligent transportation system project primarily for freight benefit that reduces congestion or improves safety; (6) a project that improves access to a port or terminal facility; (7) an aerotropolis system, which for purposes of this section is a planned and coordinated multimodal freight and passenger transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport; or (8) planning, preparation, or design of any project described in this subsection. (c) Project Selection Criteria In determining whether to award a grant to an eligible applicant under this section, the Secretary shall consider the extent to which the project— (1) supports the objectives of the national freight strategic plan developed under section 167(f) of title 23; (2) leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships; (3) improves the mobility of goods and commodities; (4) incorporates new and innovative technologies, including freight-related intelligent transportation systems; (5) improves energy efficiency or reduces greenhouse gas emissions; (6) helps maintain or protect the environment, including reducing air and water pollution; (7) reduces congestion; (8) improves the condition of the freight infrastructure, including bringing it into a state of good repair; (9) improves safety, including reducing transportation accidents, injuries, and fatalities; (10) demonstrates that the proposed project cannot be readily and efficiently realized without Federal support and participation; and (11) enhances national or regional economic development, growth, and competitiveness. (d) Letters of Intent (1) Issuance The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a major capital project under this subsection, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. (2) Notice to Congress At least 30 days before issuing a letter under paragraph (1), the Secretary shall notify in writing the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement, the criteria used under subsection (c) for selecting the project for a grant award, and a description of how the project meets such criteria. (3) Limitation An obligation or administrative commitment may be made only when amounts are made available. The letter of intent shall state that the contingent commitment is not an obligation of the Federal Government, and is subject to the availability of funds under Federal law and to Federal laws in force or enacted after the date of the contingent commitment. (e) Federal Share of Net Project Cost (1) Estimate of net project cost Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net project cost. (2) Federal share The Federal share of a grant for the project shall not exceed 80 percent of the project net capital cost. (3) Priority The Secretary shall give priority in allocating future obligations and contingent commitments to incur obligations to grant requests seeking a lower Federal share of the project net capital cost. (f) Cooperative agreements (1) In general An applicant may enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project funded with a grant under this subchapter. (2) Forms of participation Participation by an entity under paragraph (1) may consist of— (A) ownership or operation of any land, facility, vehicle, or other physical asset associated with the project; (B) cost sharing of any project expense or non-Federal share of the project cost, including in-kind contributions; (C) carrying out administration, construction management, project management, project operation, or any other management or operational duty associated with the project; and (D) any other form of participation approved by the Secretary. (g) Oversight Program (1) Establishment (A) In general The Secretary shall establish an oversight program to monitor the effective and efficient use of funds authorized to carry out this section. (B) Minimum requirement At a minimum, the program shall be responsive to all areas relating to financial integrity and project delivery. (2) Financial integrity (A) Financial management systems The Secretary shall perform annual reviews that address elements of the applicant’s financial management systems that affect projects approved under subsection (a). (B) Project costs The Secretary shall develop minimum standards for estimating project costs and shall periodically evaluate the practices of applicants for estimating project costs, awarding contracts, and reducing project costs. (3) Project delivery The Secretary shall perform annual reviews that address elements of the project delivery system of an applicant, which elements include one or more activities that are involved in the life cycle of a project from conception to completion of the project. (4) Responsibility of the applicants (A) In general Each applicant shall submit to the Secretary for approval such plans, specifications, and estimates for each proposed project as the Secretary may require. (B) Applicant subrecipients The applicant shall be responsible for determining that a subrecipient of Federal funds under this section has— (i) adequate project delivery systems for projects approved under this section; and (ii) sufficient accounting controls to properly manage such Federal funds. (C) Periodic review The Secretary shall periodically review the monitoring of subrecipients by the applicant. (5) Specific oversight responsibilities Nothing in this section shall affect or discharge any oversight responsibility of the Secretary specifically provided for under this title or other Federal law. (h) Major Projects (1) In general A recipient of a grant for a project under this section with an estimated total cost of $500,000,000 or more, and a recipient for such other projects as may be identified by the Secretary, shall submit to the Secretary for each project— (A) a project management plan; and (B) an annual financial plan. (2) Project management plan A project management plan shall document— (A) the procedures and processes that are in effect to provide timely information to the project decisionmakers to effectively manage the scope, costs, schedules, quality of, and the Federal requirements applicable to, the project; and (B) the role of the agency leadership and management team in the delivery of the project. (3) Financial plan A financial plan shall— (A) be based on detailed estimates of the cost to complete the project; and (B) provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project. (i) Other projects A recipient of Federal financial assistance for a project under this section with an estimated total cost of $100,000,000 or more that is not covered by subsection (h) shall prepare an annual financial plan. Annual financial plans prepared under this subsection shall be made available to the Secretary for review upon the request of the Secretary. (j) Other terms and conditions The Secretary shall determine what additional grant terms and conditions are necessary and appropriate to meet the requirements of this section. (k) Regulations Not later than 1 year after the date of enactment of this section, the Secretary shall prescribe regulations to implement this section. (l) Applicant defined In this section, the term applicant includes a State, a political subdivision of a State, government-sponsored authorities and corporations, and the District of Columbia. (m) Secretarial oversight (1) Construction oversight The Secretary may use no more than 1 percent of amounts made available in a fiscal year for capital projects under this section to enter into contracts to oversee the construction of such projects. (2) Compliance reviews and audits The Secretary may use amounts available under paragraph (1) to make contracts for safety, procurement, management, and financial compliance reviews and audits of a recipient of amounts under paragraph (1). (3) Federal costs The Federal Government shall pay the entire cost of carrying out a contract under this subsection. . (b) Conforming Amendment The analysis for chapter 55 of title 49, United States Code, is amended by adding at the end the following: Subchapter III—Financial Assistance 5581. National freight infrastructure investment grants. .

https://www.govinfo.gov/content/pkg/BILLS-113hr974ih/xml/BILLS-113hr974ih.xml

113-hr-975

I 113th CONGRESS 1st Session H. R. 975 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Walz (for himself, Mr. Jones , Ms. Tsongas , Mr. Rooney , Ms. Pingree of Maine , and Mr. Denham ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to extend the duration of the Physical Disability Board of Review and to expand the authority of such Board to review the separation of members of the Armed Forces on the basis of a mental condition not amounting to disability, including separation on the basis of a personality or adjustment disorder. 1. Short title This Act may be cited as the Servicemember Mental Health Review Act . 2. Findings (1) Since September 11, 2001, approximately 30,000 veterans have been separated from the Armed Forces on the basis of a personality disorder or adjustment disorder. (2) Nearly all veterans who are separated on the basis of a personality or adjustment disorder are prohibited from accessing service-connected disability compensation, disability severance pay, and disability retirement pay. (3) Many veterans who are separated on the basis of a personality or adjustment disorder are unable to find employment because of the personality disorder or adjustment disorder label on their Certificate of Release or Discharge from Active Duty. (4) The Government Accountability Office has found that the regulatory compliance of the Department of Defense in separating members of the Armed Forces on the basis of a personality or adjustment disorder was as low as 40 percent between 2001 and 2007. (5) Expansion of the authority of the Physical Disability Board of Review to include review of the separation of members of the Armed Forces on the basis of a mental condition not amounting to disability, including separation on the basis of a personality or adjustment disorder, is warranted in order to ensure that any veteran wrongly separated on such basis will have the ability to access disability benefits and employment opportunities available to veterans. 3. Review by Physical Disability Board of Review of military separation on basis of a mental condition not amounting to disability (a) Members entitled To review by Physical Disability Board of Review Section 1554a of title 10, United States Code, is amended— (1) in subsection (a)(1), by striking disability determinations of covered individuals by Physical Evaluation Boards and inserting disability and separation determinations regarding certain members and former members of the armed forces described in subsection (b) ; and (2) by striking subsection (b) and inserting the following new subsection: (b) Covered individuals For purposes of this section, covered individuals are members and former members of the armed forces who— (1) during the period beginning on September 11, 2001, and ending on December 31, 2014, are separated from the armed forces due to unfitness for duty because of a medical condition with a disability rating of 20 percent disabled or less and are found to be not eligible for retirement; or (2) before December 31, 2014, are separated from the armed forces due to unfitness for duty because of a mental condition not amounting to disability, including separation on the basis of a personality disorder or adjustment disorder. . (b) Nature and scope of review Such section is further amended— (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c) the following new subsection (d): (d) Review of separations due to unfitness for duty because of a mental condition not amounting to disability (1) Upon the request of a covered individual described in paragraph (2) of subsection (b), or a surviving spouse, next of kin, or legal representative of a covered individual described in such paragraph, the Physical Disability Board of Review shall review the findings and decisions of the Physical Evaluation Board with respect to such covered individual. In addition, the Physical Disability Board of Review may review, upon its own motion, the findings and decisions of the Physical Evaluation Board with respect to a covered individual described in such paragraph. (2) Whenever a review is conducted under paragraph (1), the members of the Physical Disability Board of Review must include at least one licensed psychologist and one licensed psychiatrist who has not had any fiduciary responsibility to the Department of Defense since December 31, 2001. (3) In conducting the review under paragraph (1), the Physical Disability Board of Review shall consider— (A) the findings of the psychologist or psychiatrist of the Department of Defense who diagnosed the mental condition; (B) the findings and decisions of the separation authority with respect to the covered individual; and (C) whether the separation authority correctly followed the process for separation as set forth in law, including Department of Defense regulations, directives, and policies. (4) The review by the Physical Disability Board of Review under paragraph (1) shall be based on the records of the Department of Defense and the Department of Veterans Affairs and such other evidence as may be presented to the Physical Disability Board of Review. The board shall consider any and all evidence to be considered, including private mental health records submitted by the covered individual in support of the claim. (5) If the Physical Disability Board of Review proposes, upon its own motion, to conduct a review under paragraph (1) with respect to a covered individual, the board shall notify the covered individual, or a surviving spouse, next of kin, or legal representative of the covered individual, of the proposed review and obtain the consent of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual before proceeding with the review. (6) After the Physical Disability Board of Review has completed the review under this subsection with respect to the separation of a covered individual, the board must provide the claimant with a statement of reasons concerning the board’s decision. The covered individual has the right to raise with the board a motion for reconsideration if— (A) new evidence can be presented that would address the issues raised in the board’s statement of reasons; or (B) the board has made a plain error in making its recommendation. . (c) Correction of military records Subsection (f) of such section, as redesignated by subsection (b)(1), is amended to read as follows: (f) Correction of military records (1) The Secretary of the military department concerned shall correct the military records of a covered individual in accordance with the recommendation made by the Physical Disability Board of Review under subsection (e) unless the Secretary determines that the board has made a clearly erroneous recommendation. Any such correction shall be made effective as of the date of the separation of the covered individual. (2) In the case of a covered individual previously separated with a lump-sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which such individual would be entitled based on the individual’s military record as corrected shall be adjusted to take into account receipt of such lump-sum or other payment in such manner as the Secretary of the military department concerned considers appropriate. (3) If the Physical Disability Board of Review makes a recommendation not to correct the military records of a covered individual, the action taken on the report of the Physical Evaluation Board to which such recommendation relates shall be treated as final as of the date of such action. . (d) Conforming amendments Such section is further amended— (1) in subsection (c)— (A) by inserting after Review the following: of separations due to unfitness for duty because of medical condition with a low disability rating ; and (B) in paragraph (1)— (i) by inserting described in paragraph (1) of subsection (b) after a covered individual the first place it appears; (ii) by inserting described in such paragraph after a covered individual the second place it appears; and (iii) by striking the second sentence and inserting the following new sentence: In addition, the Physical Disability Board of Review may review, upon its own motion, the findings and decisions of the Physical Evaluation Board with respect to a covered individual described in such paragraph. ; and (2) in subsection (e), as redesignated by subsection (b)(1), by striking under subsection (c) and inserting conducted under subsection (c) or (d) . (e) Notification of new availability of review (1) Notification requirement In the case of individuals described in subsection (b)(2) of section 1554a of title 10, United States Code, as amended by subsection (a), who have been separated from the Armed Forces during the period beginning on September 11, 2001, and ending on the date of the enactment of this Act or who are separated after that date, the Secretary of Defense shall ensure, to the greatest extent practicable, that such individuals receive oral and written notification of their right to a review of their separation from the Armed Forces under such section 1554a. (2) Compliance The Secretary of the military department with jurisdiction over the Armed Force in which the individual served immediately before separation shall be responsible for providing to the individual the notification required by paragraph (1). The Secretary of Defense shall monitor compliance with this notification requirement and promptly notify Congress of any failures to comply. (3) Legal counsel The notification required by paragraph (1) shall— (A) inform the individual of the right to obtain legal or non-legal counsel to represent the individual before the Physical Disability Board of Review; and (B) include a list of organizations that may provide such counsel at no cost to the individual. (f) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 1554a. Physical Disability Board of Review: review of separations with disability rating of 20 percent or less and separations on basis of mental condition not amounting to disability . (2) Table of sections The table of sections at the beginning of chapter 79 of such title is amended by striking the item relating to section 1554a and inserting the following new item: 1554a. Physical Disability Board of Review: review of separations with disability rating of 20 percent or less and separations on basis of mental condition not amounting to disability. .

https://www.govinfo.gov/content/pkg/BILLS-113hr975ih/xml/BILLS-113hr975ih.xml

113-hr-976

I 113th CONGRESS 1st Session H. R. 976 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Womack (for himself, Mr. Griffin of Arkansas , Mr. Crawford , Mr. Cotton , Mr. Conaway , Mr. Harris , Mr. Aderholt , Mr. Rogers of Alabama , Mr. Kingston , Mr. Westmoreland , Mr. Jones , Mr. Mulvaney , Mr. Cole , Mr. Cramer , Mr. Scalise , and Mr. Long ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To declare that certain agency actions by the National Labor Relations Board shall have no force or effect until final disposition is made in certain actions relating to the appointment of individuals to such Board that are pending in Federal court, and to prohibit further actions by such Board until such time. 1. Regulations issued by NLRB to have no force or effect pending final action in Federal court (a) Invalidity of regulations Notwithstanding any other provision of law, any agency action taken by the National Labor Relations Board since January 4, 2012, shall have no force or effect unless each member of such Board has been appointed— (1) by and with the advice and consent of the Senate, in accordance with clause 2 of section 2 of article II of the United States Constitution; or (2) appropriately in accordance with clause 3 of section 2 of article II of the United States Constitution. (b) Effective date Subsection (a) shall cease to have effect on the date on which final disposition is made in all actions that allege as a material fact the unconstitutionality of the appointment of individuals to such Board that are pending before a Federal court as of the date of enactment of this Act. 2. Prohibition on NLRB actions Notwithstanding any other provision of law, the National Labor Relations Board shall not take any agency action until the date on which final disposition is made in all actions that allege as a material fact the unconstitutionality of the appointment of individuals to such Board that are pending before a Federal court as of the date of enactment of this Act. 3. Agency action defined As used in this Act, the term agency action has the meaning given such term in section 551 of title 5, United States Code, but does not include an action taken by the General Counsel of the National Labor Relations Board under authority set forth section 3(d) of the National Labor Relations Act (29 U.S.C.153(d)).

https://www.govinfo.gov/content/pkg/BILLS-113hr976ih/xml/BILLS-113hr976ih.xml

113-hr-977

V 113th CONGRESS 1st Session H. R. 977 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Markey introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Esther Karinge. 1. Permanent resident status for Esther Karinge (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Esther Karinge shall 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 Esther Karinge enters the United States before the filing deadline specified in subsection (c), 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 Esther Karinge, the Secretary of State shall instruct the proper officer to reduce by 1, 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 alien’s 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 alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Esther Karinge 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-113hr977ih/xml/BILLS-113hr977ih.xml

113-hr-978

I 113th CONGRESS 1st Session H. R. 978 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Coffman (for himself, Mr. DeFazio , and Mrs. Roby ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To deauthorize the Military Selective Service Act, including the registration requirement and the activities of civilian local boards, civilian appeal boards, and similar local agencies of the Selective Service System, except during a national emergency declared by the President, and for other purposes. 1. Short title This Act may be cited as the National Emergency Selective Service Act . 2. Findings Congress makes the following findings: (1) Congress has not given serious consideration to conscription since establishing the current Selective Service System in 1979. (2) The Department of Defense has neither plans nor the capabilities to deal with conscription, were conscription under the Military Selective Service Act ever reimposed. (3) The amendments made by this section would allow approximately 175 Reserve officers to return to more important duties. (4) The estimated savings of $24.2 million annually from the amendments made by this Act would be better used to reduce the Federal budget deficit. 3. Deauthorization of Military Selective Service Act except during national emergencies (a) Restriction of Registration Requirement to National Emergency Section 3 of the Military Selective Service Act ( 50 U.S.C. App. 453 ) is amended— (1) in subsection (a), by striking Except as otherwise provided in this title, and inserting During any period in which a declaration of national emergency is in effect under subsection (c), ; and (2) by adding at the end the following new subsections: (c) Declaration of National Emergency The President shall have the authority to declare, by Executive order, a period of national emergency during which the registration requirements of subsection (a) shall apply. The President shall provide for the prompt termination of the declaration of national emergency upon the termination of the national emergency. (d) Deauthorization of registration requirement Unless a declaration of national emergency is in effect pursuant to subsection (c), on and after the date of the enactment of the National Emergency Selective Service Act , no person shall be registered for possible induction for training and service in the Armed Forces, including persons who were subject to such registration requirements before that date but who had not complied with such registration requirements by that date. . (b) Suspension of local boards, appeal boards, and other selective service system agencies; safeguarding data Section 10 of the Military Selective Service Act ( 50 U.S.C. App. 460 ) is amended— (1) in subsection (c), by adding at the end the following new sentence: Whenever operations of the Selective Service System are suspended under subsection (i), the Secretary of Defense shall assume responsibility for security of Selective Service System data bases. ; and (2) by adding at the end the following new subsection: (i) Unless a declaration of national emergency is in effect pursuant to section 3(c), the President may not appoint a person as a member of a civilian local board, civilian appeal board, or similar local agency of the Selective Service System, and any such board established under subsection (b)(3) may not meet. . (c) Suspension of sanctions for persons subject to registration Section 12 of the Military Selective Service Act ( 50 U.S.C. App. 462 ) is amended by adding at the end the following new subsection: (h) In addition to the exception provided by subsection (g), a person may not be denied a right, privilege, benefit, or employment position under Federal law on the grounds that the person failed to present himself for and submit to registration under section 3 unless a declaration of national emergency is in effect pursuant to subsection (c) of such section. . (d) Restriction on authorization of appropriations Section 17(b) of the Military Selective Service Act ( 50 U.S.C. App. 467(b) ) is amended in the first sentence— (1) by striking There and inserting If a declaration of national emergency is in effect under section 3(c), there ; and (2) by inserting before the period at the end of the sentence the following: during such national emergency . 4. Effective date and transfer of unobligated funds (a) Effective date This Act, and the amendments made by this Act, shall take effect 90 days after the date of the enactment of this Act. (b) Transfer of unobligated funds The Secretary of the Treasury shall transfer the unobligated balances available (as of the effective date of this Act) to carry out the Military Selective Service Act to the general fund of the Treasury to reduce the deficit.

https://www.govinfo.gov/content/pkg/BILLS-113hr978ih/xml/BILLS-113hr978ih.xml

113-hr-979

I 113th CONGRESS 1st Session H. R. 979 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Thompson of Pennsylvania (for himself, Mr. Schrader , Mr. Southerland , Ms. Foxx , Mr. Hurt , Mr. Westmoreland , Mr. Ribble , Mr. Crawford , Mr. Hanna , Mr. Walden , Mr. DeFazio , Mr. Welch , Mr. Jones , Mr. Benishek , Ms. Sewell of Alabama , Mr. Nunnelee , Mrs. Lummis , Mr. Aderholt , Mr. Young of Alaska , Ms. Pingree of Maine , Mr. Michaud , Mr. Tipton , Mr. Owens , Mr. Bonner , Ms. Herrera Beutler , Ms. Shea-Porter , Mr. Bishop of Georgia , Mrs. Noem , Mr. Gosar , Mrs. Ellmers , Mr. Labrador , Mr. Cotton , Mr. Rogers of Alabama , Mr. Womack , Mr. Gibbs , Mr. Kilmer , Mr. Nolan , Mr. Goodlatte , Mr. McIntyre , Mrs. Roby , Mr. Graves of Georgia , Mr. Cohen , Ms. Kuster , Ms. DelBene , and Ms. Bonamici ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Farm Security and Rural Investment Act of 2002 to modify the definition of the term biobased product . 1. Short title This Act may be cited as the Forest Products Fairness Act of 2013 . 2. Definition of biobased product Section 9001 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 ) is amended— (1) by striking paragraph (4) and inserting the following: (4) Biobased product (A) In general The term biobased product means a product determined by the Secretary to be a commercial or industrial product (other than food or feed) that is— (i) composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials; or (ii) an intermediate ingredient or feedstock. (B) Inclusion The term biobased product , with respect to forestry materials, includes forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ; (2) by redesignating paragraphs (9) through (14) as paragraphs (10) through (15), respectively; and (3) by inserting after paragraph (8) the following: (9) Forest product (A) In general The term forest product means a product made from materials derived from the practice of forestry or the management of growing timber. (B) Inclusions The term forest product includes— (i) pulp, paper, paperboard, pellets, lumber and other wood products; and (ii) any recycled products derived from forest materials. .

https://www.govinfo.gov/content/pkg/BILLS-113hr979ih/xml/BILLS-113hr979ih.xml

113-hr-980

I 113th CONGRESS 1st Session H. R. 980 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Rahall introduced the following bill; which was referred to the Committee on Ways and Means , 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 protect the health care and pension benefits of our nation’s miners. 1. Short title This Act may be cited as the Coal Accountability and Retired Employee Act of 2013 or the CARE Act . 2. Amendment of Surface Mining Control and Reclamation Act of 1977 Section 402(i)(2) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(i)(2) ) is amended— (1) by striking Subject to and inserting the following: (A) In general Subject to ; and (2) by adding at the end the following: (B) Excess amounts (i) In general Subject to paragraph (3), and after all transfers referred to in paragraph (1) and subparagraph (A) of this paragraph have been made, any amounts remaining after the application of paragraph (3)(A) (without regard to this subparagraph) shall be transferred to the trustees of the 1974 UMWA Pension Plan and used solely to pay pension benefits required under such plan. (ii) 1974 UMWA Pension Plan In this subparagraph, the term 1974 UMWA Pension Plan means a pension plan referred to in section 9701(a)(3) of the Internal Revenue Code of 1986 but without regard to whether participation in such plan is limited to individuals who retired in 1976 and thereafter. . 3. Eligibility for 1992 UMWA benefit plan (a) In general Paragraph (2) of section 9712(b) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (A), by adding or at the end of subparagraph (B), and by inserting after subparagraph (B) the following new subparagraph: (C) but for this chapter, would be eligible to receive benefits from the 1974 UMWA Benefit Plan (other than an individual described in the last sentence of section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977) following a proceeding under title 11, United States Code, or other insolvency proceeding relating to the applicable last signatory operator, but who does not receive such coverage at levels at least equal to those described in section 402(h)(2)(C) of the Surface Mining Control and Reclamation Act of 1977 from such operator or any related person, . (b) Conforming amendments Paragraph (2) of section 9712(b) of the Internal Revenue Code of 1986 is amended— (1) by striking subparagraph (A) or (B) in the matter following subparagraph (C) (as added by this section) and inserting subparagraph (A), (B), or (C) , and (2) by inserting under subparagraph (A) or (B) after health benefits coverage in the second sentence. 4. Special rule for certain supplemental benefit plans (a) In general Section 404 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (p) Special rule for certain supplemental benefit plans (1) In general If contributions are paid by an employer under a plan that provides supplemental benefits solely to participants in a plan described in subsection (c) (or a continuation thereof) that provides pension benefits, such contributions shall not be deductible under this section nor be made nondeductible by this section, but the deductibility thereof shall be governed solely by section 162 (relating to trade or business expenses). (2) Tax treatment of plan For purposes of this title, the trust holding the assets of a plan to which paragraph (1) applies shall be treated as an organization exempt from tax under section 501(a). (3) Special rule for payments other than to or from a trust For purposes of this subsection, payments made by an employer to the trustees of a plan described in paragraph (1), and benefits paid by the trustees of such plan, shall be treated as contributions paid to, and benefits paid from, such plan without regard to whether the contributions are paid into, or benefits paid from, the trust holding the assets of such plan. . (b) Exclusion from wages (1) Payroll taxes Paragraph (5) of section 3121(a) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (H), by adding or at the end of subparagraph (I), and by adding at the end the following new subparagraph: (J) under a plan to which section 404(p)(1) applies; . (2) Collection of income tax at source Paragraph (12) of section 3401(a) of such Code is amended by adding at the end the following new subparagraph: (F) under a plan to which section 404(p)(1) applies, or . (3) Unemployment taxes Section 3306(b) of such Code is amended by striking or at the end of paragraph (19), by striking the period at the end of paragraph (20) and inserting ; or , and by adding at the end the following new paragraph: (21) any payment made to or for the benefit of an individual under a plan to which section 404(p)(1) applies. .

https://www.govinfo.gov/content/pkg/BILLS-113hr980ih/xml/BILLS-113hr980ih.xml

113-hr-981

I 113th CONGRESS 1st Session H. R. 981 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Johnson of Georgia (for himself and Mr. Markey ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to conduct a global rare earth element assessment, and for other purposes. 1. Short title This Act may be cited as the Resource Assessment of Rare Earths Act of 2013 or the RARE Act of 2013 . 2. Global rare earth element resource assessment (a) In General Not later than 3 years after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the United States Geological Survey and in coordination with the heads of national geological surveys where available, shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a comprehensive report on global rare earth element resources and potential future global supply. Such report shall use the best available data and include— (1) the identity and quantity of individual rare earth elements in known deposits; (2) models demonstrating the geologic conditions necessary for the formation, and the variability in composition, of the most significant deposits of rare earth elements; (3) regional assessments of the likelihood of occurrence of undiscovered deposits and an estimate of the quantity of rare earth elements thought to be present; (4) recommendations, developed in consultation with other appropriate agencies, on areas of need for future geologic research related to— (A) rare earth elements; and (B) other minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction; and (5) analysis, developed with participation by the National Minerals Information Center and in consultation with appropriate agencies, of the rare earth elements supply chain and associated processes and products, including mining, processing, separation, metal production, alloy production, and manufacturing of products sold to end users. (b) Rare earth element In this section the term rare earth element means— (1) any element in the lanthanides group of elements, which consists of lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, and lutetium; (2) yttrium; and (3) scandium. (c) Authorization of Appropriations There is authorized to be appropriated to the Secretary of the Interior to carry out this section $10,000,000 for the period of fiscal years 2014 through 2016.

https://www.govinfo.gov/content/pkg/BILLS-113hr981ih/xml/BILLS-113hr981ih.xml

113-hr-982

I 113th CONGRESS 1st Session H. R. 982 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Farenthold (for himself and Mr. Matheson ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code to require the public disclosure by trusts established under section 524(g) of such title, of quarterly reports that contain detailed information regarding the receipt and disposition of claims for injuries based on exposure to asbestos; and for other purposes. 1. Short title This Act may be cited as the Furthering Asbestos Claim Transparency (FACT) Act of 2013 . 2. Amendments Section 524(g) of title 11, United States Code, is amended by adding at the end the following: (8) A trust described in paragraph (2) shall, subject to section 107— (A) file with the bankruptcy court, not later than 60 days after the end of every quarter, a report that shall be made available on the court’s public docket and with respect to such quarter— (i) describes each demand the trust received from, including the name and exposure history of, a claimant and the basis for any payment from the trust made to such claimant; and (ii) does not include any confidential medical record or the claimant’s full social security number; and (B) upon written request, and subject to payment (demanded at the option of the trust) for any reasonable cost incurred by the trust to comply with such request, provide in a timely manner any information related to payment from, and demands for payment from, such trust, subject to appropriate protective orders, to any party to any action in law or equity if the subject of such action concerns liability for asbestos exposure. . 3. Effective date; application of amendments (a) Effective date Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of amendments The amendments made by this Act shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr982ih/xml/BILLS-113hr982ih.xml

113-hr-983

I 113th CONGRESS 1st Session H. R. 983 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Ms. Lofgren (for herself, Mr. Poe of Texas , and Ms. DelBene ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , 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 18, United States Code, with respect to disclosures to governments by communications-related service providers of certain information consisting of or relating to communications, and for other purposes. 1. Short title This Act may be cited as the Online Communications and Geolocation Protection Act . 2. Warrant required for contents of communications (a) Compelled disclosure of communication contents (1) In general Section 2703 of title 18, United States Code, is amended— (A) in subsection (a)— (i) by striking in Electronic Storage in the subsection header; (ii) by inserting or remote computing service in the first sentence after electronic communication service ; (iii) by striking that is in electronic storage in an electronic communications system for one hundred and eighty days or less, and inserting that is stored, held, or maintained by that service, ; and (iv) by striking the final sentence and inserting Within three days after a governmental entity receives such contents from a service provider pursuant to this subsection, the governmental entity shall serve upon, or deliver by registered or first-class mail, or other means reasonably calculated to be effective as specified by the court issuing the warrant to the subscriber, customer, or user a copy of the warrant and a notice that includes the information referenced in section 2705(a)(4)(A) and (B)(i), except that delayed notice may be provided pursuant to section 2705 of this title. ; and (B) by striking subsection (b). (2) Conforming amendment Section 2703(d) of title 18, United States Code, is amended by striking (b) or . (b) Voluntary disclosure of communication contents (1) In general Section 2702(a)(3) of title 18, United States Code, is amended— (A) by inserting to any governmental entity the contents of communication covered by subsection (a) of section 2703 or any after divulge ; (B) by inserting or user after customer ; and (C) by striking (not including the contents of communications covered by paragraph (1) or (2)) . (2) Conforming amendments Section 2705 of title 18, United States Code, is amended— (A) in subsection (a)(1)— (i) in the subsection heading, by striking 2703(b) and inserting 2703(a) ; (ii) in subparagraph (A), by striking court order each place it appears and inserting warrant ; (iii) in subparagraph (A), by striking 2703(b) and inserting 2703(a) ; and (iv) by striking subparagraph (B); (B) by striking subsection (a)(3); (C) in subsection (a)(4), by striking or by certification by a governmental entity, but only in accordance with subsection (b) of this section. ; (D) in subsection (a)(5)— (i) by inserting after first-class mail, the following: or other means reasonably calculated to be effective as specified by the court issuing the warrant ; (ii) by striking the process or request and replacing it with warrant ; and (iii) in subsection (5)(A)(iii), by striking governmental entity or and certification or ; (E) by striking subsection (a)(6); and (F) in subsection (b)— (i) by striking when it is not required to notify the subscriber or customer under section 2703(b)(1), or ; and (ii) by striking subpoena or court order each place it appears. 3. Geolocation information protection (a) In general (1) In general Part 1 of title 18, United States Code, is amended by inserting after chapter 119 the following: 120 Geolocation information Sec. 2601. Definitions. 2602. Interception and disclosure of geolocation information. 2603. Prohibition on disclosing geolocation information to governmental entities. 2604. Prohibition of use of unlawfully obtained geolocation information as evidence. 2605. Recovery of civil damages and administrative discipline authorized. 2601. Definitions In this chapter: (1) Electronic communication service The term electronic communication service has the meaning given that term in section 2510. (2) Electronic surveillance The term electronic surveillance has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (3) Geolocation information The term geolocation information means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device or tracking device (as that term is defined section 3117) that, in whole or in part, is generated by or derived from the operation of that device and that could be used to determine or infer information regarding the present, prospective, or historical location of the individual. (4) Geolocation information service The term geolocation information service means a service that generates or uses geolocation information for the provision of a mapping, locational, or directional information service to the public, or to such class of users as to be effectively available to the public, by or through the operation of any wireless communication device. (5) Governmental entity The term governmental entity means any employee or agent of the United States, or any State or political subdivision thereof. (6) Intercept The term intercept means the acquisition of geolocation information through the use of any electronic, mechanical, or other device. (7) Investigative or law enforcement officer The term investigative or law enforcement officer means any officer of the United States or of a State or political subdivision thereof, who is empowered by law to conduct investigations of, or to make arrests for, offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses. (8) Remote computing service The term remote computing service has the meaning given that term in section 2711. (9) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (10) Wireless communication device The term wireless communication device means any device that enables access to, or use of, an electronic communication system or service, remote computing service, or geolocation information service, if that device utilizes a radio signal or other wireless connection to access or use such system or service, including any mobile telephone, global positioning system receiving device, mobile computer, or other similar or successor device. (11) Covered service The term covered services means electronic communication service, remote computing service, or geolocation information service. 2602. Interception and disclosure of geolocation information (a) In general Except as otherwise provided in this chapter, it shall be unlawful for any governmental entity to— (1) intentionally intercept, endeavor to intercept, or direct any person to intercept or endeavor to intercept, geolocation information pertaining to an individual; (2) intentionally disclose, or endeavor to disclose, or direct any person to disclose or endeavor to disclose geolocation information pertaining to an individual, knowing or having reason to know that the information was obtained in violation of this subsection; or (3) intentionally use, or endeavor to use, any geolocation information, knowing or having reason to know that the information was obtained in violation of this subsection. (b) Exception for conducting foreign intelligence surveillance Notwithstanding any other provision of this chapter, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of the official duty of the officer, employee, or agent to conduct electronic surveillance, as authorized by the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). (c) Exception for consent (1) In general It shall not be unlawful under this chapter for a governmental entity to intercept, use, or disclose geolocation information pertaining to an individual if that individual has given prior consent to that governmental entity for such interception, use or disclosure. (2) Children A parent or legal guardian of a child may consent on behalf of a child for the purposes of paragraph (1). (d) Exception for public information It shall not be unlawful under this chapter for a governmental entity to intercept or access geolocation information pertaining to an individual through any system that is configured so that such information is readily accessible to the general public. (e) Exception for emergency assistance It shall not be unlawful under this chapter for any investigative or law enforcement officer or other emergency responder to intercept, access, use, or disclose geolocation information pertaining to an individual if such information is used— (1) to respond to a request made by such individual for assistance; or (2) to assist the individual in circumstances in which it is reasonable to believe that the life or safety of the individual is in jeopardy. (f) Exception for warrant (1) In general A governmental entity may intercept geolocation information or require the disclosure of geolocation information by a provider of covered services only pursuant to a warrant issued by a court of competent jurisdiction using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures), or as otherwise provided in this chapter or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (2) Court of competent jurisdiction For the purposes of this subsection, the term court of competent jurisdiction includes— (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in or for a district in which the provider of a geolocation information service is located or in which the geolocation information is stored; or (iii) is acting on a request for foreign assistance pursuant to section 3512 of this title; or (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants. (g) Emergency situation exception (1) In general Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may intercept or use geolocation information if— (A) such officer reasonably determines that an emergency situation exists that— (i) involves— (I) immediate danger of death or serious physical injury to any individual; (II) conspiratorial activities threatening the national security interest; or (III) conspiratorial activities characteristic of organized crime; and (ii) requires geolocation information be intercepted or used before an order authorizing such interception or use can, with due diligence, be obtained; (B) there are grounds upon which an order could be entered to authorize such interception or use; and (C) an application for an order approving such interception or use is made within 48 hours after the interception or use has occurred or begins to occur. (2) Failure to obtain court order (A) Termination of acquisition In the absence of an order, an interception or use of geolocation information carried out under paragraph (1) shall immediately terminate when the information sought is obtained or when the application for the order is denied, whichever is earlier. (B) Prohibition on use as evidence In the event such application for approval is denied, the geolocation information shall be treated as having been obtained in violation of this chapter and an inventory shall be served on each individual who is reasonably able to be contacted and to whom any such geolocation information pertains. 2603. Prohibition on disclosing geolocation information to governmental entities (a) In general Except as provided in subsection (b), a person providing covered services shall not intentionally disclose to any governmental entity geolocation information pertaining to an individual. (b) Exceptions A person providing covered services may disclose geolocation information— (1) as otherwise authorized in subsections (b) through (g) of section 2602; (2) with the lawful consent of— (A) the individual to whom the geolocation information pertains; or (B) the parent or guardian of a child to whom the geolocation information pertains; (3) as permitted under section 222(d)(4) of the Communications Act of 1934 ( 47 U.S.C. 222(d)(4) ); or (4) which was inadvertently obtained by the service provider and which appears to pertain to the commission of a crime, if such disclosure is made to a law enforcement agency. 2604. Prohibition of use of unlawfully obtained geolocation information as evidence If any geolocation information has been intercepted, used, or disclosed in violation of this chapter, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof, except in a civil action to obtain relief for a violation of this chapter. 2605. Recovery of civil damages and administrative discipline authorized (a) In general Any individual whose geolocation information is intentionally disclosed or used in violation of this chapter may in a civil action recover such relief as may be appropriate from the person, other than the United States, which engaged in that violation. (b) Relief In an action under this section, appropriate relief includes— (1) such preliminary and other equitable or declaratory relief as the court may deem appropriate; (2) damages under subsection (c) and punitive damages as the court may deem appropriate; and (3) a reasonable attorney's fee and other litigation costs reasonably incurred. (c) Computation of damages The court may assess as damages under this section whichever is the greater of— (1) the sum of the actual damages suffered by the plaintiff; or (2) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000. (d) Defense It is a defense against any civil action to obtain relief for a violation of this chapter that the defendant acted in a good faith reliance on— (1) a warrant or court order, grand jury subpoena, legislative authorization, or statutory authorization; or (2) a reasonable determination that an exception under section 2602 permitted the conduct complained of. (e) Limitation A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation. (f) Administrative discipline If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, such head shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. . (2) Clerical amendment The table of chapters for part 1 of title 18, United States Code, is amended by inserting after the item relating to chapter 119 the following: 120. Geolocation information 2601 . (3) Conforming amendments Section 3512(a) of title 18, United States Code, is amended— (A) in paragraph (2)— (i) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and (ii) by inserting after subparagraph (A) the following: (B) a warrant or order for geolocation information or records related thereto, as provided under section 2602 of this title; . (b) Requirement for search warrants To obtain geolocation information Rule 41(a) of the Federal Rules of Criminal Procedure is amended— (1) in paragraph (2)(A), by striking the period at the end and inserting a comma and including geolocation information. ; and (2) by adding at the end the following: (F) Geolocation information has the meaning given that term in section 2601 of title 18, United States Code. . (c) Statement of exclusive means of obtaining geolocation information (1) In general No person may obtain the geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued pursuant to rule 41 of the Federal Rules of Criminal Procedure, as amended by subsection (b), or the amendments made by this section, or the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (2) Geolocation information defined In this subsection, the term geolocation information has the meaning given that term in section 2601 of title 18, United States Code, as amended by subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr983ih/xml/BILLS-113hr983ih.xml

113-hr-984

I 113th CONGRESS 1st Session H. R. 984 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Guthrie introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , 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 direct the Secretary of Defense to establish a task force on urotrauma. 1. Task force on Urotrauma (a) Establishment Subject to the availability of appropriations for such purpose, the Secretary of Defense shall establish a task force to be known as the Task Force on Urotrauma (in this section referred to as the Task Force ) to continue and expand the report of the Secretary on urotrauma titled Genitourinary Trauma in the Military and dated December 27, 2011. (b) Consultation In carrying out this section, the Secretary of Defense shall consult with the Secretary of Veterans Affairs and the Secretary of Health and Human Services. (c) Duties The Task Force shall conduct a study on urotrauma among members of the Armed Forces and veterans, including— (1) an analysis of the incidence, duration, morbidity rate, and mortality rate of urotrauma; (2) an analysis of the social and economic costs and effects of urotrauma; (3) with respect to the Department of Defense and Department of Veterans Affairs, an evaluation of the facilities, access to private facilities, resources, personnel, and research activities that are related to the diagnosis, prevention, and treatment of urotrauma; (4) an evaluation of programs (including such biological, behavioral, environmental, and social programs) that improve the prevention or treatment of urotrauma; (5) a long-term plan for the use and organization of the resources of the Federal Government to improve the prevention and treatment of urotrauma; (6) an analysis of shortfalls in research, expertise, and health care infrastructure for female victims of urotrauma; (7) an analysis of technical, administrative, and budgetary mechanisms to allow for enhanced reproductive services for members who have been affected by urotrauma or who are at high risk of urotrauma; (8) an assessment of opportunities to enhance the coordination of— (A) Federal resources used to research, prevent, and continuously improve the management of urotrauma; and (B) inter-agency efforts regarding the chronic physical, behavioral, and emotional care of victims of urotrauma; and (9) updates to the report referred to in subsection (a). (d) Membership (1) Appointed members In addition to the ex officio members described in paragraph (2), the Task Force shall be composed of 19 members as follows: (A) Sixteen members appointed by the Secretary of Defense. (B) One member appointed by the Secretary of Health and Human Services from among officers or employees of the National Institute of Diabetes and Digestive and Kidney Diseases whose primary interest is in the field of urotrauma. (C) The Chief of the Department of Surgery of Walter Reed National Military Medical Center. (D) The Chief Medical Director of the Department of Veterans Affairs. (2) Ex officio members The nonvoting, ex officio members of the Task Force are as follows: (A) The Surgeon General of the Navy. (B) The Surgeon General of the Army. (C) The Surgeon General of the Air Force. (D) The Medical Officer of the Marine Corps. (E) The Director of the National Institutes of Health. (F) The Director of the National Institute of Diabetes and Digestive and Kidney Diseases. (G) The Director of the Division of Kidney, Urologic, and Hematologic Diseases of the National Institute of Diabetes and Digestive Kidney Diseases. (H) The Director of the National Institute of Biomedical Imaging and Bioengineering. (3) Qualifications In appointing members under paragraph (1)(A), the Secretary of Defense shall appoint individuals with experience related to— (A) studying or researching urotrauma; (B) preventing or treating urotrauma; or (C) suffering from urotrauma. (4) Term Each member shall be appointed for the life of the Task Force. (5) Vacancies A vacancy in the Task Force shall be filled in the manner in which the original appointment was made. (6) Pay (A) Except as provided in subparagraph (C), members of the Task Force shall serve without pay. (B) Except as provided in subparagraph (C), members of the Task Force who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Task Force. (C) Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Quorum A majority of members of the Task Force shall constitute a quorum but a lesser number may hold hearings. (8) Chairperson The Secretary of Defense shall designate a member as the chairperson of the Task Force. (9) Meetings The Task Force shall meet at the call of the chairperson. (e) Staff (1) Director The Task Force shall have a director who shall be appointed by the chairperson. (2) Staff Subject to rules prescribed by the Task Force, the chairperson may appoint additional personnel as the chairperson considers appropriate. (3) Applicability of certain civil service laws The director and staff of the Task Force shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (4) Experts and consultants Subject to rules prescribed by the Task Force, the chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (5) Staff to federal agencies Upon request of the chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Task Force to assist it in carrying out its duties under this section. (f) Powers of Task Force (1) Hearings and sessions The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. The Task Force may administer oaths or affirmations to witnesses appearing before it. (2) Powers of Members and agents Any member or agent of the Task Force may, if authorized by the Task Force, take any action which the Task Force is authorized to take by this section. (3) Obtaining official data The Task Force may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the chairperson of the Task Force, the head of that department or agency shall furnish that information to the Task Force. (4) Mails The Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support services Upon the request of the Task Force, the Administrator of General Services shall provide to the Task Force, on a reimbursable basis, the administrative support services necessary for the Task Force to carry out its responsibilities under this section. (g) Reports (1) Interim report Not later than one year after the date on which the members are appointed under subsection (d)(1), the Task Force shall submit to the appropriate congressional committees an interim report on the study conducted under subsection (c). (2) Final report Not later than two years after the date on which the members are appointed under subsection (d)(1), the Task Force shall submit to the appropriate congressional committees a final report on the study conducted under subsection (c), including any recommendations the Task Force considers appropriate to improve the prevention and treatment of urotrauma among members of the Armed Forces and veterans. (h) Termination The Task Force shall terminate on the date that is 60 days after the date on which the Task Force submits the final report under subsection (g)(2). (i) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committees on Armed Services of the House of Representatives and Senate; and (B) the Committees on Veterans’ Affairs of the House of Representatives and Senate. (2) The term urotrauma means injury to the urinary tract (including the kidneys, ureters, urinary bladder, urethra, and female and male genitalia) from a penetrating, blunt, blast, thermal, chemical, or biological cause. (j) Authorization of Appropriations (1) Authorization There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2014 through 2017. (2) Offset The amount otherwise authorized to be appropriated for operation and maintenance, Defense-wide, for the Office of the Secretary of Defense for each of fiscal years 2014 through 2017 is reduced by $1,000,000.

https://www.govinfo.gov/content/pkg/BILLS-113hr984ih/xml/BILLS-113hr984ih.xml

113-hr-985

I 113th CONGRESS 1st Session H. R. 985 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Rogers of Michigan (for himself, Mr. Huizenga of Michigan , Mr. Walberg , Mrs. Miller of Michigan , Mr. Conyers , Mr. Bentivolio , Mr. Peters of Michigan , Mr. Ribble , Mr. Upton , Mr. Benishek , and Mr. Duffy ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of the Army to prevent the spread of Asian carp in the Great Lakes and the tributaries of the Great Lakes, and for other purposes. 1. Short title This Act may be cited as the Asian Carp Prevention Act of 2013 . 2. Coordination of efforts to prevent the spread of Asian carp Notwithstanding any other provision of law, the Secretary of the Army shall coordinate and lead the actions of the Federal Government with respect to preventing the spread of Asian carp in the Great Lakes and the tributaries of the Great Lakes. 3. Authority to prevent the spread of Asian carp (a) In general The Secretary of the Army may carry out projects to prevent the spread of Asian carp in the Great Lakes and the tributaries of the Great Lakes, including— (1) installing electric, acoustic, air bubble, and other barriers; (2) applying piscicides; (3) improving locks; (4) taking actions at the Brandon Road Lock and Dam, Illinois, to prevent the spread of Asian carp; and (5) implementing other projects determined necessary by the Secretary. (b) Application of other law With respect to projects carried out under subsection (a), such projects shall be treated as in compliance with all applicable environmental Federal laws. 4. Implementation of efficacy study recommendations The Secretary of the Army shall implement measures recommended in the efficacy study, or provided in interim reports, authorized under section 3061 of the Water Resources Development Act of 2007 ( Public Law 110–114 ; 121 Stat. 1121), with such modifications or emergency measures as the Secretary of the Army determines to be appropriate, to prevent aquatic nuisance species from bypassing the Chicago Sanitary and Ship Canal Dispersal Barrier Project referred to in that section and to prevent aquatic nuisance species from dispersing into the Great Lakes.

https://www.govinfo.gov/content/pkg/BILLS-113hr985ih/xml/BILLS-113hr985ih.xml

113-hr-986

I 113th CONGRESS 1st Session H. R. 986 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Schock (for himself, Mr. Braley of Iowa , Mr. Huizenga of Michigan , Mrs. McMorris Rodgers , and Mr. Walden ) 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 eligibility of eligible professionals practicing in rural health clinics for electronic health records and quality improvement incentives under Medicare, and for other purposes. 1. Short title This Act may be cited as the Rural Health Clinic Fairness Act of 2013 . 2. Extension of Medicare EHR incentives to eligible professionals practicing in rural health clinics (a) In general Section 1848(o)(5)(A) of the Social Security Act ( 42 U.S.C. 1395w(o)(5)(A) ) is amended by inserting before the period at the end the following: and, with respect to payment years after 2013, includes rural health clinic services (as defined in section 1861(aa)(1)) furnished by an eligible professional . (b) Offsetting reduction Section 1848(o)(1)(B) of the Social Security Act (42 U.S.C. 1395w–4(o)(1)(B)) is amended— (1) in clause (ii), by striking clauses (iii) through (v) and inserting the succeeding clauses ; and (2) by adding at the end the following new clause: (iv) Budget neutrality adjustment The Secretary shall reduce the applicable amounts that would otherwise be determined under this subparagraph with respect to 2014 and each succeeding year by an amount that the Secretary estimates would ensure that estimated aggregate payments under this subsection for such year is not increased as a result of the amendment made by section 2(a) of the Rural Health Clinic Fairness Act of 2013 . . 3. Extension of Medicare eRx and quality reporting incentives to rural health clinics (a) In general Section 1848(m)(6)(A) of the Social Security Act ( 42 U.S.C. 1395w(m)(6)(A) ) is amended by inserting before the period at the end the following: , except that the term covered professional services shall, with respect to reporting periods for 2014 or a subsequent year, include rural health clinic services (as defined in section 1861(aa)(1)) furnished by an eligible professional . (b) Offsetting reduction Section 1848(m)(1) of such Act ( 42 U.S.C. 1395w(m)(1) ) is amended— (1) in subparagraph (B), by striking For purposes and inserting Subject to subparagraph (C), for purposes ; and (2) by adding at the end the following new subparagraph: (C) Budget neutrality adjustment The Secretary shall reduce the applicable quality percent that would otherwise be determined under subparagraph (B) for 2014 by an amount that the Secretary estimates would ensure that estimated aggregate payments under this subsection for such year is not increased as a result of the amendment made by section 3(a) of the Rural Health Clinic Fairness Act of 2013 . .

https://www.govinfo.gov/content/pkg/BILLS-113hr986ih/xml/BILLS-113hr986ih.xml

113-hr-987

I 113th CONGRESS 1st Session H. R. 987 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Reichert introduced the following bill; which was referred to the Committee on Ways and Means , 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 extend the program of block grants to States for temporary assistance for needy families and related programs through December 31, 2013. 1. Short title This Act may be cited as the TANF Extension Act of 2013 . 2. Extension of the temporary assistance for needy families program and related programs through December 31, 2013 Activities authorized by part A of title IV and section 1108(b) of the Social Security Act (other than under section 403(b) of such Act) shall continue through December 31, 2013, in the manner authorized for fiscal year 2012, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority on a quarterly basis through the first quarter of fiscal year 2014 at the level provided for such activities for the corresponding quarter of fiscal year 2012. 3. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

https://www.govinfo.gov/content/pkg/BILLS-113hr987ih/xml/BILLS-113hr987ih.xml

113-hr-988

I 113th CONGRESS 1st Session H. R. 988 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. LoBiondo (for himself and Mr. Visclosky ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to extend the authorization of the Bulletproof Vest Partnership Grant Program through fiscal year 2017. 1. Short title This Act may be cited as the Bulletproof Vest Partnership Grant Act of 2013 . 2. Extension of authorization of appropriations for bulletproof vest partnership grant program Section 1001(a)(23) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking 2012 and inserting 2017 .

https://www.govinfo.gov/content/pkg/BILLS-113hr988ih/xml/BILLS-113hr988ih.xml

113-hr-989

I 113th CONGRESS 1st Session H. R. 989 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Flores introduced the following bill; which was referred to the Committee on Appropriations , 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 prohibit the use of funds for the Lifeline program, and for other purposes. 1. Rescission; prohibition on use of funds for the Lifeline program (a) Rescission Of the unobligated balances of funds available for Federal Communications Commission—Salaries and Expenses for fiscal year 2013, $2,200,000,000 are hereby rescinded. (b) Limitation None of the funds made available for Federal Communications Commission—Salaries and Expenses for fiscal year 2013 may be used for the Lifeline program under sections 54.400 through 54.417 of title 47, code of Federal Regulations (as in effect on the date of the enactment of this Act). (c) Use of rescinded amounts (1) The amount otherwise made available for Department of Transportation—Federal Aviation Administration—Operations for fiscal year 2013 is hereby increased by $500,000,000. (2) The amount otherwise made available for Department of Defense—Operation and Maintenance, Navy for fiscal year 2013 is hereby increased by $1,600,000,000.

https://www.govinfo.gov/content/pkg/BILLS-113hr989ih/xml/BILLS-113hr989ih.xml

113-hr-990

I 113th CONGRESS 1st Session H. R. 990 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Ms. Bonamici (for herself, Mr. Cummings , Mr. Blumenauer , Mrs. Davis of California , Mr. Sarbanes , Ms. Norton , Ms. DeLauro , Mr. Conyers , Ms. Linda T. Sánchez of California , Mr. Grijalva , Mr. Ellison , Ms. Waters , Mr. Takano , Mr. McGovern , Mr. Welch , Ms. Lofgren , Ms. Lee of California , and Ms. Chu ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to address certain issues related to the extension of consumer credit, and for other purposes. 1. Short title This Act may be cited as the Stopping Abuse and Fraud in Electronic Lending Act of 2013 or the SAFE Lending Act of 2013 . 2. Consumer control over bank accounts (a) Prohibiting unauthorized remotely created checks Section 905 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693c ) is amended by adding at the end the following: (d) Limitations on remotely created checks (1) In general Subject to the limitations set forth under paragraph (2) and any additional limitations that the Bureau may establish, by rule, a remotely created check may only be issued by a person designated in writing by the consumer, such designation specifically provided in writing by the consumer to the insured depository institution at which the consumer maintains the account from which the check is to be drawn. (2) Additional limitations (A) In general An authorization provided under paragraph (1) may be revoked at any time by the consumer. (B) Consumer financial protection laws No payment order, including a remotely created check, may be issued by any person in response to the exercise of, or attempt to exercise, any rights by a consumer under any Federal consumer financial law (as defined in section 1002(14) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481(14) )) or any other provision of any law or regulation within the jurisdiction of the Bureau. (3) Remotely created check defined For purposes of this subsection, the term ‘remotely created check’ means a check (including paper and electronic checks and any other payment order that the Bureau, by rule, determines is appropriately covered by this subsection) that— (A) is not created by the financial institution that holds the customer account from which the check is to be paid; and (B) does not bear a signature applied, or purported to be applied, by the person from whose account the check is to be paid. . (b) Consumer Protections for Certain One-Time Electronic Fund Transfers Section 913 of the Electronic Fund Transfer Act (15 U.S.C. 1693k) is amended— (1) by inserting (a) In general.— before No person ; (2) striking preauthorized electronic fund transfers and inserting an electronic fund transfer ; and (3) by adding at the end the following: (b) Treatment for electronic fund transfers in credit extensions If a consumer voluntarily agrees to repay an extension of small-dollar consumer credit transaction (as defined in section 110(b) of the Truth in Lending Act) by means of an electronic fund transfer, such electronic fund transfer shall be treated as a preauthorized electronic fund transfer subject to the protections of this title. . 3. Consistent application of law for small-dollar lending (a) Consistent application of State law for small-Dollar lending The Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended by inserting after section 109 the following: 110. Consistent application of law for small-dollar lending (a) In general Notwithstanding any other provision of law, and except to the extent that Federal or applicable tribal law affords greater protection to the consumer, any small-dollar consumer credit transaction made over the Internet, telephone, facsimile, mail, electronic mail, or other electronic communication, and any small-dollar consumer credit transaction conducted by a national bank shall comply with the laws of the State in which the consumer resides with respect to annual percentage rates, interest, fees, charges, and such other similar or related matters as the Bureau may, by rule, determine. (b) Definitions As used in this section, the term small-dollar consumer credit transaction means any transaction that extends, facilitates, brokers, arranges, or gathers applications for credit that is— (1) made to a consumer in an amount of not more than $5,000, or such greater amount as the Bureau may, by rule, determine, such amount to be adjusted annually to reflect changes in the Consumer Price Index for all urban consumers published by the Department of Labor; and (2) extended pursuant to an agreement that is— (A) other than an open-end credit plan and is payable in one or more installments of less than 12 months (or such longer period as the Bureau may, by rule, determine); (B) an open-end credit plan in which each advance is fully repayable within a defined time or in connection with a defined event, or both; or (C) such other plan as the Bureau determines, by rule. . (b) Enforcement Section 130 of the Truth in Lending Act ( 15 U.S.C. 1640 ) is amended by inserting section 110, before or chapter 4 . 4. Restrictions on lead generation in small-dollar consumer credit transactions The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following: 140B. Restrictions on lead generation in small-dollar consumer credit transactions (a) Identification information Any person facilitating, brokering, arranging, gathering applications for, or distributing sensitive personal financial information in connection with small-dollar consumer credit transactions shall prominently disclose information by which they may be contacted or identified, including for service of process and for identification of the registrant of any domain name registered or used. (b) Prohibition on lead generation in small-Dollar consumer credit transactions No person may facilitate, broker, arrange, gather applications for, or distribute sensitive personal financial information in connection with small-dollar consumer credit transactions, unless the person is directly providing the small-dollar consumer credit to the consumer. (c) Definitions For purposes of this section— (1) the term sensitive personal financial information means the consumer’s Social Security number, financial account number, bank routing number, bank account number, or any required security or access code that is immediately necessary to permit access to an individual's financial account; and (2) the term small-dollar consumer credit transaction has the same meaning as in section 110(b). (d) Rule of construction (1) In general Nothing in this section may be interpreted to limit the authority of the Bureau to further restrict activities covered by this section. (2) Clarification It shall not be considered facilitating in connection with small-dollar consumer credit transactions to be engaged solely in 1 the following activities: (A) The provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 ( 47 U.S.C. 231 )). (B) The transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)). . 5. Enhanced enforcement authority against certain Internet lending The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 108 the following: 108A. Enhanced enforcement authority relating to consumer financial activities by certain Internet sites (a) Definitions In this section, the following definitions shall apply: (1) Complainant The term complainant means a State attorney general or State or tribal agency with enforcement authority over prohibited activity who files a complaint with the Bureau under subsection (d). (2) Covered onshore person The term covered onshore person means a State government or an Indian tribe. (3) Federal consumer financial law The term Federal consumer financial law has the same meaning as in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 ). (4) Financial transaction provider (A) In general Except as provided in subparagraph (B), the term financial transaction provider has the same meaning as in section 5362(4) of title 31, United States Code. (B) Exception The term financial transaction provider does not include an Internet service platform or an affiliate of an Internet service platform. (5) Indian tribe The term Indian tribe has the same meaning as in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (6) Internet service platform The term Internet service platform means an interactive digital service the provider of which— (A) does not act merely as a payment intermediary between a user and a supplier of goods or services; and (B) provides additional services to facilitate interaction between users unrelated to purchases from suppliers of goods and services. (7) Internet site The term Internet site means the collection of digital assets, including links, indexes, or pointers to digital assets, accessible through the Internet that are addressed relative to a common domain name. (8) Covered offshore person (A) In general The term covered offshore person means a person (and if such person is not known, the Internet site or other electronic representation of such person such as a telephone number, text message service, or mobile application) that— (i) conducts business directed to residents of the United States; (ii) does not have a domain name that is registered or assigned by a domain name registrar, domain name registry, or other domain name registration authority that is located within a judicial district of the United States; and (iii) is not operated by an entity that is located within a judicial district of the United States. (B) Business directed to residents of the United States For purposes of making a determination under subparagraph (A)(i), the Bureau may consider, among other indicators, whether— (i) the person extends, facilitates, brokers, arranges, or gathers applications for credit to persons located in the United States; (ii) the person has reasonable measures in place to prevent its services from being accessed from or delivered to the United States; and (iii) any prices for goods and services provided are indicated in the currency of the United States. (9) Operator The term operator , when used in connection with an Internet site, includes any person with authority to operate the Internet site. (10) Owner The term owner , when used in connection with an Internet site, includes any owner of a majority interest in the Internet site. (11) State consumer financial law The term State consumer financial law means a provision of State law that either constitutes a State consumer financial law as that term is defined in section 5136C of title LXII of the Revised Statutes of the United States ( 12 U.S.C. 21 et seq. ), or prohibits unfair or deceptive acts or practices. (b) Applicability of section It shall be a violation of this section— (1) for a covered offshore person to violate an applicable Federal, State, or tribal consumer financial law; and (2) for a covered onshore person to violate an applicable Federal, State, or tribal consumer financial law. (c) Investigation of violations by Bureau (1) In general The Bureau— (A) may investigate any alleged violation of subsection (b) on its own initiative; and (B) shall— (i) review any alleged violation of subsection (b) upon receiving a complaint filed under subsection (d); and (ii) adjudicate and otherwise investigate and respond to such complaint, as appropriate. (2) Consultations In taking action under paragraph (1), the Bureau shall, as the Bureau determines appropriate, consult with and seek advice and information from the Attorney General of the United States, the Federal Trade Commission, the International Trade Commission, the Bureau of Indian Affairs (in the case of matters involving an Indian tribe), federally recognized Indian tribes (in the case of rulemakings involving Indian tribes), and such other agencies and officials as the Bureau considers appropriate. (3) Limitation on investigations of domain names; consent to jurisdiction Subject to such limitations as the Bureau may, by rule, determine, the Bureau shall terminate, or not initiate, an investigation or adjudication under paragraph (1) with respect to a person or a domain name— (A) if a person or the operator of the Internet site associated with the domain name provides in a legal notice on the site accurate information consisting of— (i) the name of an individual authorized to receive process on behalf of the site; (ii) an address at which process may be served; (iii) a telephone number at which the individual described in clause (i) may be contacted; and (iv) a statement that the operator of the site consents to the jurisdiction and venue of the United States district courts with respect to a violation of State consumer lending laws; (B) provided that, in the event of the filing of any civil action in the appropriate United States district court for a violation of State or tribal consumer lending laws, the operator of the Internet site accepts service and waives, in a timely manner, any objections to jurisdiction, as set forth in the statement described in subparagraph (A)(iv); and (C) provided that, any limitations on investigations under this subsection shall not apply if— (i) any of the information provided by the operator is inaccurate in any way; or (ii) at any point, the relevant party fails to respond to or abide by any order or request of the relevant court. (4) Rule of construction It shall not be considered a violation of this section to be engaged solely in 1 of the following activities: (A) The provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 ( 47 U.S.C. 231 )). (B) The transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 ( 47 U.S.C. 230(c) ). (d) Complaints (1) In general A complaint alleging, under oath, that a covered onshore person or a covered offshore person is in violation of subsection (b) may be filed with the Bureau. (2) Notice (A) In general Upon filing a complaint under paragraph (1), if the identity of the covered offshore person is not known, but the Internet site or other electronic representation is, the complainant shall send a notice of the violation alleged in the complaint to the registrant of the domain name of the Internet site (or relevant operator of the electronic representation) alleged to be operated or maintained in violation of subsection (b)— (i) at the postal and e-mail addresses appearing in the applicable publicly accessible database of registrations, if any, to the extent such addresses are reasonably available; (ii) via the postal and e-mail addresses of the registrar, registry, or other domain name registration authority that registered or assigned the domain name, to the extent such addresses are reasonably available; and (iii) in any other such form as the Bureau finds necessary. (B) Rule of construction For purposes of this subsection, the actions described in this paragraph shall constitute service of process. (3) Identification of, and notice to, entities that may be required to take action pursuant to this section (A) Identification A complaint filed under paragraph (1) shall identify any financial transaction provider that may be required to take measures described in subsection (g)(2) if the Bureau issues an order under subsection (f) with respect to the complaint and the order is served on the provider or service pursuant to subsection (g)(1). (B) Notice Upon filing a complaint under paragraph (1), the complainant shall provide notice to any financial transaction provider identified in the complaint pursuant to subparagraph (A) or any amendments to the complaint. (C) Intervention (i) In general A financial transaction provider or identified in a complaint pursuant to subparagraph (A) may intervene upon timely request filed with the Bureau in— (I) an investigation initiated under subsection (c) pursuant to the complaint; or (II) pursuant to subsection (f)(3), an action to modify, suspend, or vacate an order issued pursuant to the complaint. (ii) Rule of construction Failure to intervene under clause (i) in an investigation under subsection (c) does not preclude a financial transaction provider notified of the investigation from subsequently seeking an order to modify, suspend, or vacate an order issued by the Bureau under subsection (f). (e) Determinations (1) In general The Bureau shall determine, with respect to each investigation initiated under subsection (c), whether the respective covered onshore person or covered offshore person under investigation is in violation of subsection (b). (2) Effective date A determination made under paragraph (1) shall take effect on the date on which the Bureau publishes the determination in the Federal Register. (3) Electronic submission of information and proceedings The Bureau may, in making any determination under this section— (A) allow the submission of information electronically; and (B) hold hearings electronically or obtain testimony or other information electronically or by such means as the Bureau determines allows participation in proceedings under this section at as low a cost as possible to participants in the proceedings. (f) Cease and desist orders (1) In general If the Bureau determines under subsection (e) that the covered onshore person or covered offshore person is in violation of subsection (b), in addition to any actions which the Bureau could otherwise take, the Bureau may— (A) issue an order to cease and desist from violation of subsection (b) to the covered onshore person or covered offshore person (and if the identity of the covered offshore person is not known, to the relevant Internet site and to the owner and the operator of the Internet site or relevant electronic representation); and (B) cause the order to be served on the relevant person. (2) Temporary and preliminary cease and desist orders (A) Petition by complainant A complainant may file with the Bureau a petition, in accordance with this paragraph, for the issuance of a temporary or preliminary order. (B) Issuance of order If, upon receiving a petition under subparagraph (A) and after providing an opportunity to be heard under subparagraph (C), the Bureau determines that the covered onshore person or covered offshore person is in violation of subsection (b), in addition to any actions which the Director could otherwise take, the Bureau may issue a temporary or preliminary cease and desist order against, and cause the order to be served on the relevant person pursuant to paragraph (1). (C) Opportunity to be heard (i) In general Before issuing a temporary or preliminary cease and desist order under this paragraph, the Bureau shall provide to any person (including any applicable Internet site or electronic representation and the owner and the operator of such Internet site or electronic representation) alleged to be in violation of subsection (b) an opportunity to be heard and to submit relevant information to the Bureau. (ii) Electronic submission of information and proceedings The Bureau may provide an opportunity to be heard and to submit information under clause (i) electronically or in such other manner as the Bureau determines appropriate. (D) Standard for relief If the Bureau issues a temporary or preliminary cease and desist order under this paragraph, the order shall be issued in a manner consistent with the provisions of rule 65 of the Federal Rules of Civil Procedure, or any successor thereto, relating to preliminary injunctions and temporary restraining orders. (E) Procedures for temporary cease and desist order (i) Expedited consideration Upon a showing of extraordinary circumstances by the complainant filing a petition for a temporary cease and desist order under subparagraph (A), the Bureau may make a determination with respect to the petition on an expedited basis. (ii) Expiration of order (I) In general Except as provided in subclause (II), a temporary cease and desist order issued under this paragraph shall expire at a time determined by the Bureau that is not later than 14 days after the issuance of the order. (II) Extension of order The Bureau may extend a temporary cease and desist order issued under this paragraph for additional periods of not more than 14 days for good cause or with the consent of the entity against which the order is issued. (F) Procedures for preliminary cease and desist order (i) In general Except as provided in clause (ii), the Bureau shall make a determination with respect to a petition for a preliminary cease and desist order not later than 30 days after the Bureau publishes notice of the initiation of an investigation under subsection (c) in the Federal Register. (ii) Extensions of time for determination The Bureau may extend the date by which the Bureau is required to make a determination under clause (i) with respect to a petition for a preliminary cease and desist order for an additional 30 days, if the Bureau— (I) determines that the petition presents a more complicated case; and (II) publishes in the Federal Register an explanation of why the Bureau determined that the case is more complicated under subclause (I). (3) Modification or revocation of orders (A) In general At any time after the issuance of an order under this subsection, a motion to modify, suspend, or vacate the order may be filed by— (i) any covered onshore person or covered offshore person bound by the order; (ii) the owner or operator of any Internet site or electronic representation subject to the order; (iii) any domain name registrar or registry that has registered or assigned the domain name of the Internet site subject to the order; or (iv) a financial transaction provider on which a copy of an order has been served pursuant to paragraph (1) of subsection (g) requiring the provider or service to take action described in paragraph (2) of that subsection. (B) Relief The Bureau shall modify, suspend, or vacate an order, as appropriate, if the Bureau determines that— (i) the subject to the order is no longer, or never was in violation of subsection (b); or (ii) the interests of justice require that the order be modified, suspended, or vacated. (C) Consideration In making a determination under subparagraph (B), the Bureau may consider whether any domain name of an Internet site (or the relevant electronic representation) subject to the order has expired or has been re-registered by a different entity. (4) Amendment of orders A complainant may petition the Bureau to amend an order issued under this subsection if any relevant an Internet site or electronic representation determined under subsection (e) to be in violation of subsection (b) is accessible or has been reconstituted at a different domain name. (5) Opportunity to be heard for certain entities Before the Bureau issues an order under this subsection or modifies, suspends, vacates, or amends such an order under paragraph (3) or (4), a financial transaction provider that intervened pursuant to subsection (d)(3) in an investigation or action relating to the order shall have an opportunity to be heard before the Bureau with respect to whether the Bureau should issue the order and the scope of relief available under the order or whether the Bureau should modify, suspend, vacate, or amend the order, as the case may be. (6) Expiration of orders with respect to internet site An order issued under this subsection against an Internet site (or relevant electronic representation) shall cease to have any force or effect upon expiration of the registration of the domain name of the Internet site (or relevant electronic representation). (g) Required actions based on bureau orders (1) In general If the Bureau reasonably believes that a financial transaction provider identified in a complaint pursuant to subsection (d)(3), or any amendment to the complaint, supplies services to the covered onshore person or covered offshore person subject to the order issued under subsection (f) with respect to the complaint— (A) the Bureau may give permission to the complainant to serve a copy of the order on the financial transaction provider; (B) if the Bureau gives permission to the complainant under subparagraph (A), the complainant shall file proof of service with the Bureau; and (C) upon receiving a copy of the order pursuant to subparagraph (A), the financial transaction provider shall implement the measures described in paragraph (2). (2) Measures to be implemented by financial transaction providers (A) In general Subject to subparagraph (B), a financial transaction provider shall, as expeditiously as is reasonable, take reasonable and technically feasible measures, as expeditiously as reasonable, designed to prevent or prohibit the completion of payment transactions by the provider that involve customers located in the United States and the covered onshore person or covered offshore person (including the relevant Internet site or electronic representation) subject to the order issued under subsection (f). (B) Limitations on measures A financial transaction provider may not be required pursuant to subparagraph (A)— (i) to implement measures that are not commercially reasonable; (ii) to modify services or facilities of the provider to comply with the order issued under subsection (f); or (iii) to prevent or prohibit the completion of a payment transaction if the provider could not reasonably determine in advance whether the entity was using the Internet site subject to the order. (3) Communication with users A financial transaction provider required to implement measures described in paragraph (2) shall determine how to communicate with the users or customers of the provider or service, as the case may be, with respect to those measures. (4) Rules of construction (A) Limitation on obligations A financial transaction provider required to implement measures described in paragraph (2) shall not be required to take measures or actions in addition to the measures described in paragraph (2) pursuant to this section or an order issued under this section. (B) Manner of compliance A financial transaction provider required to implement measures described in paragraph (2) shall be in compliance with this subsection if the provider implements the measures described in that paragraph with respect to accounts of the provider, as of the date on which a copy of an order is served under paragraph (1) or, if applicable, the date on which the order is modified or amended under paragraph (3) or (4) of subsection (f). (5) Actions pursuant to bureau order (A) Immunity from civil actions No cause of action shall lie in any court against a financial transaction provider on which a copy of an order is served under paragraph (1), or against any director, officer, employee, or agent thereof, other than in an action pursuant to subsection (h), for— (i) any act reasonably designed to comply with this subsection or reasonably arising from the order; or (ii) any act, failure, or inability to meet the obligations under this subsection of the provider or service if the provider or service, as the case may be, makes a good faith effort to comply with such obligations. (B) Immunity from liability A financial transaction provider on which a copy of an order is served under paragraph (1), and any director, officer, employee, or agent thereof, shall not be liable to any person for any acts reasonably designed to comply with this subsection or reasonably arising from the order, other than in an action pursuant to subsection (h). (C) Immunity from actions of third parties An action taken by a third party to circumvent any measures implemented pursuant to an order served on a financial transaction provider under paragraph (1) may not be used by any person in any claim or cause of action against the provider or service, as the case may be, other than in an action pursuant to subsection (h). (h) Enforcement of orders (1) In general In order to compel compliance with this section, the Bureau and any State Attorney General (or other appropriate State or tribal entity) having enforcement authority over prohibited activity may bring an action for injunctive relief against any person subject to an order issued under subsection (f) or on which such an order is served under subsection (g) that fails to comply with the order. (2) Rule of construction The authority granted to the Bureau, State, and tribal authorities under paragraph (1) shall be the sole legal remedy for enforcing the obligations under subsection (g) of a financial transaction provider on which an order is served under paragraph (1) of that subsection. (3) Affirmative defenses A defendant in an action commenced under paragraph (1) may establish an affirmative defense by showing that the defendant does not have the technical means to comply with this section without incurring an unreasonable economic burden or that the order is inconsistent with this section. That showing shall serve as a defense only to the extent of the inability of the defendant to comply or to the extent of the inconsistency. (i) Sanctions for abuse of process and discovery The Bureau may, by rule, prescribe sanctions for abuse of process in a manner consistent with the provisions of rule 11 and rule 37 of the Federal Rules of Civil Procedure. (j) Immunity for enforcement of orders No cause of action shall lie in any court, no person may rely on any claim or cause of action, and no liability for damages to any person shall be granted, against a financial transaction provider for taking any action pursuant to subsection (g)(2). (k) Savings clause Nothing in this section, including subsection (c), may be construed to limit the authority or jurisdiction of the Bureau or any State or tribe to review, regulate, investigate, enforce against, or otherwise restrict activities covered by this section. . 6. Studies Not later than 180 days after enactment of this section, the Government Accountability Office (in this section referred to as the GAO ) shall conduct a study regarding the availability of capital on reservations of Indian tribes (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )) and the impact that small-dollar consumer credit extended through Internet and non-Internet means to members of Indian tribes has had on economic opportunity and wealth for members of Indian tribes. In conducting the study, the GAO shall consult, as appropriate, with the Bureau of Consumer Financial Protection, the Board of Governors of the Federal Reserve System, the Bureau of Indian Affairs, federally recognized Indian tribes, and community development financial institutions operating in Indian lands. The report shall be presented to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate and the Committee on Financial Services and the Committee on Natural Resources of the House of Representatives. 7. Rulemaking Not later than 1 year after the date of enactment of this Act, the Bureau shall adopt any final rules necessary to implement the provisions of this Act and the amendments made by this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr990ih/xml/BILLS-113hr990ih.xml

113-hr-991

I 113th CONGRESS 1st Session H. R. 991 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Hall (for himself and Mr. Danny K. Davis of Illinois ) 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 cover screening computed tomography colonography as a colorectal cancer screening test under the Medicare program. 1. Short title This Act may be cited as the CT Colonography Screening for Colorectal Cancer Act of 2013 . 2. Coverage of computed tomography colonography screening as a colorectal cancer screening test under Medicare (a) In general Section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) is amended— (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: (D) Screening computed tomography colonography. . (b) Frequency limits and payment Section 1834(d) of such Act ( 42 U.S.C. 1395m(d) ) is amended by adding at the end the following new paragraph: (4) Screening computed tomography colonography (A) Fee schedule With respect to a colorectal cancer screening test consisting of screening computed tomography colonography, subject to subparagraph (B), payment under section 1848 shall be consistent with payment under such section for similar or related services. (B) Payment limit In the case of screening computed tomography colonography, payment under this part shall not exceed such amount as the Secretary specifies, based upon rates recognized for diagnostic computed tomography colonography. (C) Facility payment limit Notwithstanding any other provision of this title, in the case of an individual who receives screening computed tomography colonography— (i) in computing the amount of any applicable coinsurance, the computation of such coinsurance shall be based upon the fee schedule under which payment is made for the services; and (ii) the amount of such coinsurance shall not exceed 25 percent of the payment amount under the fee schedule described in subparagraph (A). (D) Frequency limit No payment may be made under this part for a colorectal cancer screening test consisting of a screening computed tomography colonography— (i) if the individual is under 50 years of age; or (ii) (I) in the case of individuals at high risk for colorectal cancer, if the procedure is performed within the 23 months after a previous screening computed tomography colonography or a previous screening colonoscopy; or (II) in the case of an individual who is not at high risk for colorectal cancer, if the procedure is performed within the 119 months after a previous screening co­lo­nos­co­py or within the 59 months after a previous screening flexible sigmoidoscopy or a previous screening computed tomography colonography. . (c) Conforming frequency limits for other colorectal cancer screening tests (1) Screening flexible sigmoidoscopy Paragraph (2)(E)(ii) of section 1834(d) of the Social Security Act ( 42 U.S.C. 1395m(d) ) is amended by inserting or screening computed tomography colonography after previous screening flexible sigmoidoscopy . (2) Screening colonoscopy Paragraph (3)(E) of such section is amended— (A) by inserting or screening computed tomography colonography after 23 months after a previous screening colonoscopy ; and (B) by inserting or screening computed tomography colonography after screening flexible sigmoidoscopy . (d) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2013. 3. Exemption of screening computed tomography colonography from special rule on payment for imaging services (a) In general Section 1848(b)(4)(B) of the Social Security Act (42 U.S.C. 1395w–4(b)(4)(B)) is amended by inserting and screening computed tomography colonography after diagnostic and screening mammography . (b) Effective date The amendment made by subsection (a) shall apply to items and services furnished on or after January 1, 2013. 4. Reports on the status of covering computed tomography colonography as a colorectal cancer screening test under Medicare (a) Preliminary report Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a preliminary report to Congress on the status of coverage of computed tomography colonography as a colorectal cancer screening test under the Medicare program under title XVIII of the Social Security Act, including the extent to which such coverage as required by the amendments made by sections 2 and 3 has been implemented. (b) Annual report Not later than September 30 of each fiscal year during the 5-year period beginning with fiscal year 2014, the Secretary shall submit to the Congress, a status report on the following: (1) The impact of screening computed tomography colonography on the change in colorectal cancer screening compliance of Medicare beneficiaries. (2) The various utilization rates with respect to Medicare beneficiaries for each available colorectal cancer screening option before and after the availability of and coverage of screening computed tomography colonography under the Medicare program pursuant to the enactment of this Act, including— (A) by initial CRC screening performed with respect to a Medicare beneficiary per year, including the age of the beneficiary when the initial screening was performed; and (B) by follow-on screening performed, whereby the analysis demonstrates to what extent screening computed tomography co­lo­nog­ra­phy was used as a substitute for a previous screening procedure. (3) Access to screening computed tomography colonography by Medicare beneficiaries, especially in rural areas or underserved populations, before and after the date of implementation of coverage of such screening benefit under the Medicare program pursuant to the enactment of this Act. (4) Recommendations for such legislation and administrative action as the Secretary determines appropriate to implement this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr991ih/xml/BILLS-113hr991ih.xml

113-hr-992

I 113th CONGRESS 1st Session H. R. 992 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Hultgren (for himself, Mr. Himes , Mr. Hudson , and Mr. Sean Patrick Maloney of New York ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Agriculture , 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 provisions in section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to Federal assistance for swaps entities. 1. Short title This Act may be cited as the Swaps Regulatory Improvement Act . 2. Reform of prohibition on swap activity assistance Section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 8305 ) is amended— (1) in subsection (b)— (A) in paragraph (2)(B), by striking insured depository institution and inserting covered depository institution ; and (B) by adding at the end the following: (3) Covered depository institution The term covered depository institution means— (A) an insured depository institution, as that term is defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) a United States uninsured branch or agency of a foreign bank. ; (2) in subsection (c)— (A) in the heading for such subsection, by striking insured and inserting covered ; (B) by striking an insured and inserting a covered ; (C) by striking such insured and inserting such covered ; and (D) by striking or savings and loan holding company and inserting savings and loan holding company, or foreign banking organization (as such term is defined under Regulation K of the Board of Governors of the Federal Reserve System (12 C.F.R. 211.21(o))) ; (3) by amending subsection (d) to read as follows: (d) Only bona fide hedging and traditional bank activities permitted (1) In general The prohibition in subsection (a) shall not apply to any covered depository institution that limits its swap and security-based swap activities to the following: (A) Hedging and other similar risk mitigation activities Hedging and other similar risk mitigating activities directly related to the covered depository institution's activities. (B) Non-structured finance swap activities Acting as a swaps entity for swaps or security-based swaps other than a structured finance swap. (C) Certain structured finance swap activities Acting as a swaps entity for swaps or security-based swaps that are structured finance swaps, if— (i) such structured finance swaps are undertaken for hedging or risk management purposes; or (ii) each asset-backed security underlying such structured finance swaps is of a credit quality and of a type or category with respect to which the prudential regulators have jointly adopted rules authorizing swap or security-based swap activity by covered depository institutions. (2) Definitions For purposes of this subsection: (A) Structured finance swap The term structured finance swap means a swap or security-based swap based on an asset-backed security (or group or index primarily comprised of asset-backed securities). (B) Asset-backed security The term asset-backed security has the meaning given such term under section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). ; (4) in subsection (e), by striking an insured and inserting a covered ; and (5) in subsection (f)— (A) by striking an insured depository and inserting a covered depository ; and (B) by striking the insured depository each place such term appears and inserting the covered depository .

https://www.govinfo.gov/content/pkg/BILLS-113hr992ih/xml/BILLS-113hr992ih.xml

113-hr-993

I 113th CONGRESS 1st Session H. R. 993 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Bishop of Utah (for himself and Mr. Stewart ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the conveyance of certain parcels of National Forest System land to the city of Fruit Heights, Utah. 1. Short title This Act may be cited as the Fruit Heights Land Conveyance Act . 2. Definitions In this Act: (1) City The term City means the city of Fruit Heights, Utah. (2) Map The term map means the map entitled Proposed Fruit Heights City Conveyance and dated September 13, 2012. (3) National Forest System land The term National Forest System land means the approximately 100 acres of National Forest System land, as depicted on the map. (4) Secretary The term Secretary means the Secretary of Agriculture. 3. Conveyance of certain land to the city of Fruit Heights, Utah (a) In general The Secretary shall convey to the City, without consideration, all right, title, and interest of the United States in and to the National Forest System land. (b) Survey (1) In general If determined by the Secretary to be necessary, the exact acreage and legal description of the National Forest System land shall be determined by a survey approved by the Secretary. (2) Costs The City shall pay the reasonable survey and other administrative costs associated with a survey conducted under paragraph (1). (c) Easement As a condition of the conveyance under subsection (a), the Secretary shall reserve an easement to the National Forest System land for the Bonneville Shoreline Trail. (d) Use of national forest system land As a condition of the conveyance under subsection (a), the City shall use the National Forest System land only for public purposes. (e) Reversionary Interest In the quitclaim deed to the City for the National Forest System land, the Secretary shall provide that the National Forest System land shall revert to the Secretary, at the election of the Secretary, if the National Forest System land is used for other than a public purpose.

https://www.govinfo.gov/content/pkg/BILLS-113hr993ih/xml/BILLS-113hr993ih.xml

113-hr-994

I 113th CONGRESS 1st Session H. R. 994 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Calvert (for himself, Mr. Nunes , Ms. Jenkins , Mr. Hunter , Mr. Royce , Mr. McClintock , Mr. Rohrabacher , Mr. Westmoreland , Mr. Valadao , Mr. Cook , Mr. LaMalfa , Mr. Denham , Mr. Issa , and Mr. Simpson ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Americans with Disabilities Act of 1990 to impose notice and a compliance opportunity to be provided before commencement of a private civil action. 1. Short title This Act may be cited as the ACCESS (ADA Compliance for Customer Entry to Stores and Services) Act of 2013 . 2. Amendments Section 308(a)(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12188(a)(1) ) is amended— (1) by striking procedures.— and all that follows through The , and inserting the following: procedures.— (A) In general Subject to subparagraph (B), the , and (2) by adding at the end the following: (B) Structural barriers to entry into existing public accommodations A civil action for discrimination under section 302(b)(2) based on the failure to remove a structural barrier to entry into an existing public accommodation may not be commenced by a person aggrieved by such discrimination unless— (i) such person has provided to the owner or operator of such accommodation a written notice specific enough to allow such owner or operator to identify such barrier; and (ii) beginning on the date such notice was received and— (I) before the expiration of 60 days after such date, such owner or operator failed to provide to such person a written description outlining improvements that will be made to remove such barrier; or (II) (aa) before the expiration of 60 days after such date, such owner or operator provided such description to such person; and (bb) before the expiration of 120 days after such description is provided, such owner or operator failed to remove such barrier. . 3. Effective date This Act and the amendments made by this Act shall take effect on the 1st day of the 1st month beginning more than 30 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr994ih/xml/BILLS-113hr994ih.xml

113-hr-995

I 113th CONGRESS 1st Session H. R. 995 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Pearce introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish a monument in Dona Ana County, New Mexico, and for other purposes. 1. Short title This Act may be cited as the Organ Mountains National Monument Establishment Act . 2. Definitions For the purposes of this Act: (1) City The term City means the city of Las Cruces, New Mexico. (2) County The term County means Dona Ana County, New Mexico. (3) Management plan The term management plan means the management plan developed pursuant to this Act. (4) Map The term map means the map titled Organ Mountains National Monument and dated February 6, 2013. (5) Monument The term monument means the national monument established by this Act. (6) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (7) State director The term State Director means the New Mexico State Director of the Bureau of Land Management. (8) State The term State means the State of New Mexico. 3. Water rights Nothing in this Act shall— (1) constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the lands within the monument; or (2) affect any water rights existing on the date of the enactment of this Act, including any water right held by the United States. 4. Establishment of monument (a) In general There is established the Organ Mountains monument in the State. (b) Area included The monument shall consist of approximately 54,800 acres of public land in Dona Ana County in the State, as generally depicted on the map. 5. Purposes The purposes of the monument are to conserve, protect, and enhance the cultural, traditional, archaeological, natural, ecological, geological, historical, wildlife, livestock, watershed, educational, recreational, and scenic resources of the monument for the benefit and enjoyment of present and future generations. 6. Management of monument (a) In general The Secretary shall manage the monument— (1) in a manner that conserves, protects, and enhances the resources of the monument; and (2) in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (B) this Act; and (C) any other applicable laws. (b) Uses (1) In general The Secretary shall allow only such uses of the monument that the Secretary determines would further the purposes described in section 5. (2) Use of motorized vehicles Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the monument shall be permitted only on roads designated for use by motorized vehicles in the management plan. Nothing in this Act precludes the use of motorized vehicles or mechanical equipment for the construction or maintenance of range improvements or the performance of standard ranching operations or for the construction, maintenance, operation, or management of flood control or water conservation systems. (3) New roads No additional road shall be built within the monument after the date of the enactment of this Act unless the Secretary determines that the road is necessary for public safety or natural resource protection. (c) Grazing The Secretary shall issue any grazing leases or permits in the monument in accordance with the same laws and executive orders that apply to issuance by the Secretary of grazing leases and permits on other land under the jurisdiction of the Bureau of Land Management. (d) Utility right-of-Ways Nothing in this section precludes the Secretary from authorizing, renewing or upgrading (including widening) a utility right-of-way through the monument in a manner that minimizes harm to the purposes of the monument in accordance with— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) any other applicable law; and (3) such terms and conditions as the Secretary determines to be appropriate. 7. Management plan (a) In general Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a management plan for the monument. (b) Consultation The management plan shall be developed in consultation with— (1) State, tribal, and local governments; (2) the public; and (3) interested Federal agencies. 8. General provisions (a) Map and legal description (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall file the map and legal description of the monument. (2) Force and effect The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of— (A) the Bureau of Land Management; and (B) the Office of the County Clerk of Dona Ana County, New Mexico. (4) Fish and wildlife Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State. (5) No buffer zones (A) In general There shall be no buffer zone around a monument. (B) Activities outside the monument The fact that an activity or use of land is not permitted on land within a monument shall not preclude the activity or use outside the boundary of the monument or on private or State land within the monument, consistent with other applicable laws. (6) Withdrawals Subject to valid existing rights (including lease rights), all Federal land within the monument and any land and interests in land acquired for the monument by the United States after the date of the enactment of this Act are withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 9. Hunting and trapping (a) In general The Secretary shall allow hunting and trapping in the monument. (b) Limitations (1) Regulations The Secretary may designate by regulation areas in the monument in which, and establish periods during which no hunting or trapping will be allowed for reasons of public safety, administration, or compliance with applicable laws. (2) Consultation The Secretary shall obtain the concurrence of the appropriate State agency before promulgating regulations under paragraph (1) that close a portion of the monument to hunting or trapping. 10. Release of wilderness study area For purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 ), the Federal land in the following has been adequately studied for wilderness designation and shall no longer be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ): (1) The Organ Mountains Wilderness Study Area. (2) The Organ Needles Wilderness Study Area. (3) The Pena Blanca Wilderness Study Area. 11. Law enforcement Nothing in this Act, or regulations issued in furtherance of this Act, shall prevent Federal, State, or local law enforcement personnel from having unfettered access to the entire monument, including the use of motorized vehicles and specialized equipment. 12. National landscape conservation system The monument designated by this Act shall be administered as a component of the National Landscape Conservation System.

https://www.govinfo.gov/content/pkg/BILLS-113hr995ih/xml/BILLS-113hr995ih.xml

113-hr-996

I 113th CONGRESS 1st Session H. R. 996 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Ms. Slaughter (for herself, Mr. Rangel , Mr. Levin , Mr. Higgins , Mr. Ellison , Mr. Hastings of Florida , Mr. Blumenauer , Mr. Grijalva , Ms. Bordallo , Mr. Maffei , Ms. Lee of California , Mr. Conyers , Mrs. Capps , Mr. Moran , Ms. Kaptur , Mr. Walz , Mr. Murphy of Florida , Mr. Sablan , Mr. Farr , Mrs. Carolyn B. Maloney of New York , Mr. Peters of Michigan , Mr. Ryan of Ohio , Ms. Pingree of Maine , and Mr. Dingell ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on the Judiciary , Ways and Means , and 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 establish an improved regulatory process for injurious wildlife to prevent the introduction and establishment in the United States of nonnative wildlife and wild animal pathogens and parasites that are likely to cause harm. 1. Short title This Act may be cited as the Invasive Fish and Wildlife Prevention Act . 2. Purpose The purpose of this Act is to establish an improved regulatory process for injurious wildlife to prevent the introduction and establishment in the United States of nonnative wildlife and wild animal pathogens and parasites that are likely to cause— (1) economic or environmental harm; or (2) harm to humans or animal health. 3. Definitions In this Act: (1) Approved wildlife sanctuary The term approved wildlife sanctuary means a sanctuary that cares for wildlife species that— (A) (i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code 1986 and is described in sections 501(c)(3) and 170(b)(1)(A)(vi) of that Code; or (ii) is an educational entity; (B) does not commercially trade in animals regulated under this Act, including offspring, parts, and byproducts of those animals; (C) does not propagate animals regulated under this Act; and (D) meets any additional criteria that the Service determines are necessary and consistent with the purpose of this Act. (2) Aquatic nuisance species task force The term Aquatic Nuisance Species Task Force means the Aquatic Nuisance Species Task Force established under section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4702 ). (3) Director The term Director means the Director of the United States Fish and Wildlife Service. (4) Fund The term Fund means the Injurious Wildlife Prevention Fund established by section 16(a). (5) Import The term import means to bring into, or introduce into, or attempt to bring into, or introduce into, any place subject to the jurisdiction of the United States, regardless of whether the bringing into or introduction constitutes an importation within the meaning of the customs laws of the United States. (6) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (7) National invasive species council The term National Invasive Species Council means the National Invasive Species Council established by Executive Order 13112 on February 8, 1999 (64 Fed. Reg. 6183). (8) Native The term native , with respect to a wildlife taxon, means a wildlife taxon that historically occurred or currently occurs in the United States, other than as a result of an intentional or unintentional introduction by humans. (9) Nonnative wildlife taxon (A) In general The term nonnative wildlife taxon means any family, genus, species, or subspecies of live animal that is not native to the United States, regardless of whether the animal was born or raised in captivity. (B) Inclusions The term nonnative wildlife taxon includes any viable egg, sperm, gamete, or other reproductive material or offspring of an animal of a family, genus, species, or subspecies described in subparagraph (A). (C) Exclusions The term nonnative wildlife taxon does not include— (i) any taxon that is— (I) specifically defined or regulated as a plant pest or approved for biological control purposes under the Plant Protection Act ( 7 U.S.C. 7701 et seq. ); or (II) defined or regulated as a threat to livestock or poultry under the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. ); or (ii) any common and clearly domesticated species or subspecies, including— (I) cat (Felis catus); (II) cattle or oxen (Bos taurus); (III) chicken (Gallus gallus domesticus); (IV) common canary (Serinus canaria domesticus); (V) dog (Canis lupus familiaris); (VI) donkey or ass (Equus asinus); (VII) domesticated members of the family Anatidae (geese); (VIII) duck (domesticated Anas spp.); (IX) domesticated ferret (Mustela furo); (X) gerbil (Meriones unguiculatus); (XI) goat (Capra aegagrus hircus); (XII) guinea pig or Cavy (Cavia porcellus); (XIII) goldfish (Carassius auratus auratus); (XIV) domesticated hamsters (Cricetulus griseus, Mesocricetus auratus, Phodopus campbelli, Phodopus sungorus, and Phodopus roborovskii); (XV) horse (Equus caballus); (XVI) llama (Lama glama); (XVII) mule or hinny (Equus caballus x E. asinus); (XVIII) pig or hog (Sus scrofa domestica); (XIX) domesticated varieties of rabbit (Oryctolagus cuniculus); (XX) sheep (Ovis aries); or (XXI) any other species or subspecies that the Director determines to be common and clearly domesticated. (10) Person The term person means— (A) an individual, corporation, partnership, trust, association, or other private entity; (B) any officer, employee, agent, department, or instrumentality of the Federal Government, or of any tribal government, or of any State, municipality, or political subdivision of a State, or of any foreign government; and (C) any other entity subject to the jurisdiction of the Federal United States. (11) Qualified institution The term qualified institution means an institution that is determined by the Director to be— (A) for scientific, veterinary, or medical research or education, or a zoo or aquarium accredited by the Association of Zoos and Aquariums; or (B) an approved wildlife sanctuary. (12) Secretary The term Secretary means the Secretary of the Interior. (13) State The term State means— (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (14) United States The term United States means— (A) the States; and (B) any land and water, including the territorial sea and the Exclusive Economic Zone, within the jurisdiction or sovereignty of the Federal Government. 4. Proposals for regulation of nonnative wildlife taxa (a) Proposals Any person or entity, or the Director, at the discretion of the Director, may propose the regulation of, or revised regulation of, 1 or more taxa. (b) Information A proposal by a person or agency should include adequate information to allow the Director to determine whether the taxon meets the criteria for designation as Injurious I or Injurious II under section 5(a)(1)(A). (c) Public and agency comment (1) In general Upon receipt of a proposal that the Director determines to be complete, and for any proposal the Director elects to prepare, the Director shall publish notice of the proposal in the Federal Register and provide an opportunity for at least 60 days of public comment. (2) Regulations for complete proposals Not later than 180 days after the date of enactment of this Act, the Secretary, acting through the Director, shall promulgate regulations on the criteria for complete proposals. (d) Determination Not later than 180 days after the date of publication of a proposal under subsection (c), or as soon thereafter as is feasible, the Director shall make a determination as to whether the proposal should be approved or disapproved. (e) Notice of determination The Director shall— (1) publish in the Federal Register notice of the determination made under subsection (d); and (2) make the basis for the determination available on a publicly available Federal Internet site. 5. Scientific risk assessment and risk determination regulations (a) Assessment and determination (1) In general The Secretary, acting through the Director, shall promulgate regulations— (A) to further specify the criteria for regulating a nonnative wildlife taxon as— (i) an Injurious I taxon, which shall be a taxon— (I) that the Director determines— (aa) to be injurious to human beings, the interests of agriculture, horticulture, or forestry, or wildlife or wildlife resources of the United States; and (bb) to have a high degree of potential harm and is a taxon with which qualified institutions have not previously had significant experience in maintaining successfully in captivity and preventing escapes or releases; and (II) except as provided in section 12, the importation and transportation of which in interstate commerce shall be conducted only pursuant to a permit issued under section 12 to a qualified institution; or (ii) an Injurious II taxon, which shall be a taxon— (I) that the Director determines— (aa) to be injurious to human beings, the interests of agriculture, horticulture, or forestry, or wildlife or wildlife resources of the United States; but (bb) to have a degree of potential for harm that is less than the degree of potential harm of an Injurious I taxon or is a taxon with which qualified institutions have previously had significant experience in maintaining successfully in captivity and preventing escapes or releases; and (II) for which no permit is required if the taxon is— (aa) imported to a qualified institution; (bb) transported in interstate commerce and intrastate commerce to and among qualified institutions; or (cc) held by a qualified institution; (B) to establish a process for assessing and analyzing the risks of taxa that may have been, or foreseeably could be, imported into, or found in interstate commerce within, the United States; and (C) that may also provide for cases in which exceptions or additions to the Injurious I taxon or Injurious II taxon criteria may be necessary to address extraordinary risks. (2) Basis, availability, and review The Director shall— (A) ensure that the risk assessment and risk determination processes conducted under this section are based on sound science; and (B) make the results of each such assessment and determination available to the public. (3) Previously listed taxa Each wildlife taxon previously designated by statute or by the Secretary as injurious under section 42(a) of title 18, United States Code (including under any regulation promulgated under that authority), shall, after the effective date of the final regulations promulgated under this subsection, be promptly designated by the Director as an Injurious I taxon or Injurious II taxon under this subsection, based on a determination by the Director of whether the taxon meets the criteria described in clause (i) or (ii), respectively, of paragraph (1)(A). (4) Deadlines (A) Proposed regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall publish in the Federal Register a proposed version of the regulations required under this subsection. (B) Final regulations Not later than 18 months after the date of enactment of this Act, the Secretary shall promulgate final regulations required under this subsection, including a public notification of the process for submission of a proposal under section 4(a). (C) Additional requirement of pre-import risk screening for all taxa novel to the united states (i) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall by regulation— (I) define the phrase non-native wildlife taxa novel to the United States for the purpose of this section; and (II) set forth a process to ensure that all unregulated non-native wildlife taxa novel to the United States are thereafter reviewed by the Director prior to allowance of their importation to the United States to determine whether they should be regulated under any of clause (i) or (ii) of paragraph (1)(A). (ii) Avoidance of new incentives In promulgating the regulation under clause (i), the Secretary shall seek to avoid creating a new incentive for animal importers to import novel taxa prior to the effective date of the regulation. (iii) New regulation for imports of taxa novel to the united states Not later than 1 year after the date of promulgation of the regulation under clause (i), the Secretary shall implement the regulation. (b) Scientific risk assessment The regulations promulgated under subsection (a) shall require consideration, in an initial scientific risk assessment of a taxon, of at least— (1) the scientific name and native range of the taxon; (2) whether the taxon has established or spread, or caused harm to the economy, the environment, or the health of other animal species in the United States or in an ecosystem similar to an ecosystem in the United States; (3) whether environmental conditions suitable for the establishment or spread of the taxon exist or will exist in the United States; (4) the likelihood of establishment and spread of the taxon; (5) whether the taxon will cause harm to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States; (6) whether the taxon will damage land, water, or facilities of the National Park System or other public land; (7) the best available scientific risk screening systems or predictive models that apply to the taxon; and (8) other factors important to assessing risks, if any, associated with the taxon, in accordance with the purpose of this Act. (c) Risk determination Prior to designating any nonnative wildlife taxon as an Injurious I taxon or Injurious II taxon under subsection (a), after conducting a risk assessment, the Director shall prepare a risk determination that takes into consideration— (1) the results of the risk assessment; and (2) at a minimum— (A) the capabilities and any efforts of States, local governments, and Indian tribes to address the risks, if any, identified by the Director with respect to the taxon, including the results of any risk assessments conducted for the taxon that are available to the Director; (B) the potential for reduction, mitigation, control, and management of any risks identified; and (C) whether any risks identified already are adequately addressed under other applicable law. (d) Discretionary analysis (1) In general In preparing the risk determination for a taxon, the Director may consider the economic, social, and cultural impacts of a decision on whether to regulate the taxon. (2) Other requirements This section shall satisfy the requirements of, and apply in lieu of any other requirement to complete an analysis under, any other law (including a regulation or Executive order) on economic, social, or cultural impact. (e) Notice and consultation In promulgating regulations under subsection (a), the Director shall notify and consult with, at a minimum— (1) affected States, Indian tribes, qualified institutions, and other stakeholders; (2) the Aquatic Nuisance Species Task Force; (3) the National Invasive Species Council; (4) the Department of Agriculture; (5) the Centers for Disease Control and Prevention; and (6) the National Oceanic and Atmospheric Administration. 6. Emergency temporary designation (a) In general If the Director determines an emergency exists because an unregulated nonnative wildlife taxon poses an imminent threat of harm to individuals in or wildlife of the United States, or the economy or environment of the United States, the Director may immediately temporarily designate the nonnative wildlife taxon as Injurious I in accordance with section 5(a)(1)(A)(i). (b) Notice of temporary designation The Director shall promptly— (1) publish in the Federal Register notice of each temporary designation under this subsection; and (2) make the basis for the designation available on a publicly available Federal Internet site and through other appropriate means. (c) Determination Not later than 1 year after temporarily designating a nonnative wildlife taxon using the emergency authority under this section, the Director shall— (1) make a final determination regarding whether the taxon should be further regulated under either of clause (i) or (ii) of section 5(a)(1)(A); (2) publish notice of that final determination in the Federal Register; and (3) make the basis for the determination available on a publicly available Federal Internet site. (d) Limitation on procedures The procedures under sections 4 and 5 of this Act and section 553 of title 5, United States Code, shall not apply to temporary designations under this section. (e) State requests If the Governor of a State requests a temporary emergency designation under this section, the Director shall respond promptly with a written determination on the request. 7. Information on imported animals (a) Improved information The Director shall— (1) not later than 18 months after the date of enactment of this Act, establish an electronic database that describes, using scientific names to the species level (or subspecies level, if applicable), all quantities of imports of all live wildlife, and the regulatory status of the wildlife, in a form that permits that information to be rapidly accessed; and (2) not later than 30 days after the date of importation of wildlife described in paragraph (1), make the information described in that paragraph (other than confidential business information associated with those imports that is protected under other Federal law) available on a publicly available Federal Internet site. (b) Annual report of information Not later than 3 years after the date of enactment of this Act, and not later than each April 1 thereafter, the Director shall issue, including on a publicly available Federal Internet site, a report that includes, at a minimum, a description of— (1) all nonnative wildlife imported, using scientific names of the wildlife to the species or subspecies level, to the extent known; and (2) cumulative quantities of imported wildlife and the regulatory status of the wildlife. (c) Monitoring import information In consultation with inspection, customs, and border officials in the Departments of Agriculture and Homeland Security, the Director shall regularly— (1) monitor the identities and quantities of nonnative wildlife taxa being imported, with particular emphasis on wildlife newly in the import trade to the United States; and (2) determine, to the maximum extent practicable, whether the newly traded taxa would meet the criteria for regulation, and should be regulated, under any of clause (i) or (ii) of section 5(a)(1)(A). 8. Injurious wildlife determinations (a) In general Immediately upon the date of enactment of this Act, the Secretary shall make more rapid determinations on proposals for regulation of wildlife under section 42 of title 18, United States Code. (b) Streamlining of determinations In carrying out subsection (a) and other provisions of this Act, the Secretary— (1) shall use the best available scientific risk screening systems or predictive models that apply to the taxon under consideration; (2) shall forego time-consuming optional administrative steps, unless the Secretary determines the steps to be essential; and (3) notwithstanding chapter 6, and section 804, of title 5, United States Code, may forego economic impact analyses. 9. Effect on injurious wildlife provision This Act and the regulations promulgated under this Act shall take precedence over any conflicting regulation promulgated under section 42 of title 18, United States Code. 10. Prevention of wildlife pathogens and parasites (a) In general The Secretary shall have the primary authority to prevent, and the primary responsibility for preventing, the importation of, and interstate commerce in, wildlife pathogens and harmful parasites. (b) Regulations (1) In general In addition to regulations required under section 5(a), the Secretary shall promulgate such regulations as are necessary— (A) to minimize the likelihood of introduction or dissemination of any disease or harmful parasite of native or nonnative wildlife; and (B) to impose any additional necessary import restrictions, including management measures, health certifications, quarantine requirements, specifications for conveyances, holding water, and associated materials, shipment and handling requirements, and other measures that the Secretary determines to be necessary— (i) to prevent the importation of, and interstate commerce in, wildlife pathogens and harmful parasites; and (ii) to address— (I) a particular taxon; (II) the place of origin of a particular taxon; and (III) the conveyance and materials associated with wildlife transport. (c) Relationship to other authorities (1) In general Except as provided in paragraph (2), the Secretary shall exclude from regulation under this section any pathogen, parasite, or host taxon that is— (A) defined or regulated by the Department of Health and Human Services as a threat to humans under section 361 of the Public Health Service Act ( 42 U.S.C. 264 ); (B) defined or regulated by the Department of Agriculture as a threat to livestock or poultry under the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. ); or (C) specifically defined or regulated by the Department of Agriculture as a plant pest or approved for biological control purposes under the Plant Protection Act (7 U.S.C. 7701 et seq.). (2) Exception The Secretary may regulate a pathogen, parasite, or host taxon described in any of subparagraphs (A) through (C) of paragraph (1) to the extent that the taxon also poses a wildlife disease risk. (d) Coordination (1) In general In promulgating regulations under and otherwise carrying out this section and section 7, the Secretary shall consult and coordinate with— (A) other Federal agencies and departments with authority to regulate taxa; (B) State wildlife agencies; (C) State veterinarians; and (D) other officials with related authorities. (2) Consultation by secretary of agriculture In any case in which the Secretary of Agriculture participates in the World Organization for Animal Health, the Secretary of Agriculture shall confer and consult with the Secretary on any matters relating to prevention of wildlife diseases that may threaten the United States. 11. Prohibitions (a) Prohibitions Except as provided in this section or section 12, it shall be unlawful for any person subject to the jurisdiction of the United States— (1) to import into the United States any nonnative wildlife taxon the Director has designated as Injurious I or Injurious II under section 5(a)(1)(A) or under section 6, or to knowingly possess such an animal, or the descendant of such an animal, that was imported in violation of this subsection; (2) to engage in interstate commerce for any nonnative wildlife taxon described in paragraph (1), or to knowingly possess such an animal, or the descendant of an animal, that was transported in interstate commerce in violation of this subsection; (3) to violate any term or condition of a permit issued to a qualified institution under section 12 for a taxon designated as Injurious I under clause (i) of section 5(a)(1)(A) or under section 6; (4) to release into the wild any nonnative wildlife taxon described in paragraph (1); (5) to violate any additional regulation promulgated by the Secretary as necessary to prevent the importation of, and interstate commerce in, wildlife pathogens and harmful parasites under this Act; or (6) to attempt any of the prohibited actions described in paragraphs (1) through (5). (b) Exemption for interstate transportation of animals of later-Regulated taxa (1) In general Except as provided in paragraph (2), an individual animal that was lawfully owned prior to the taxa to which the animal belongs being regulated by the Director under this Act as Injurious II may be transported interstate without a permit by any person for noncommercial purposes only. (2) Exception The exemption under paragraph (1) does not apply to an animal of any taxa designated by the Director as Injurious I. (c) Limitation on Application (1) In general The prohibitions in this section shall not apply to— (A) any action by Federal, State, tribal, or local law enforcement personnel to enforce this section; and (B) any action by Federal, State, tribal, or local officials to prevent the introduction or establishment of nonnative wildlife, or wildlife pathogens or parasites, including actions to transport, hold, and shelter animals of taxa regulated under this Act. (2) Importation and transportation by Federal agencies Nothing in this Act shall restrict the importation or transportation between any States of nonnative wildlife by a Federal agency for the use of the Federal agency if the nonnative wildlife remains in the possession of a Federal agency. (d) Effective date This section takes effect on the date that is 30 days after the date of promulgation of the final regulations under section 5(a). 12. Permits and exemptions for qualified institutions and live animal transporters (a) Permits The Director may issue to a qualified institution a permit authorizing any of the actions otherwise prohibited under section 11 for any wildlife taxon designated under clause (i) or (ii) of section 5(a)(1)(A) or under section 6. (b) Terms and conditions The Director may include in a permit under subsection (a) terms and conditions to minimize the risk of introduction or establishment of nonnative wildlife, pathogens, and parasites in the United States. (c) Exemption and reporting (1) In general No permit shall be required for any qualified institution or any live animal transportation company or other live animal transporter that is in temporary possession of an animal delivering it to, or transporting it from, a qualified institution, to import or transport (on an interstate or intrastate basis), or possess or breed, any taxon that the Director has designated as an Injurious II taxon under section 5(a)(1)(A)(ii). (2) Display exemption No permit shall be required for the import, interstate or intrastate transportation, possession, or breeding of an Injurious I taxon by a qualified zoo or aquarium institution. (3) Exclusions The exemptions described in paragraphs (1) and (2) do not include the transfer of ownership of an Injurious I taxon or the transfer of ownership of an Injurious II taxon to any person or entity other than to another qualified institution. (4) Record Each qualified institution or live animal transporter that imports, transports (on an interstate or intrastate basis), possesses, or breeds any taxa designated as Injurious I or II shall maintain records, subject to annual inspection by the Director, at the discretion of the Director, that summarize the transactions of the qualified institution or live animal transporter for the covered taxa. (d) Regulations; list of qualified institutions The Secretary shall— (1) promulgate regulations to implement this section; and (2) maintain a current roster of designated qualified institutions on a publicly available Federal Internet site and through other appropriate means. (e) Report Not later than March 1 of each year, a qualified zoo or aquarium shall submit to the Director a report on the imports, interstate or intrastate transportation, possession, or breeding of any Injurious I taxon by the qualified zoo or aquarium for the preceding calendar year. 13. User fees (a) Definition of live wildlife shipments In this section, the term live wildlife shipment does not include shipments made by qualified institutions for scientific, veterinary, or medical research, medical research, education, conservation outreach, or display purposes. (b) Reasonable fee Not later than 2 years after the date of enactment of this Act, the Secretary shall propose, and subsequently adopt, by regulation, a reasonable fee to be charged on imported live wildlife shipments for use in recovering a portion of the costs of— (1) improving the information available on the importation and interstate commerce trade of wildlife; (2) monitoring that information under section 7; (3) conducting risk assessments and risk analyses for nonnative wildlife taxa in that trade under sections 4 and 5; (4) making emergency designations under section 6; and (5) preventing wildlife pathogens and parasites under section 10. (c) Cost recovery purpose The purpose of the user fees in this section shall be to recover approximately 75 percent of the costs to the Director for the services listed in subsection (b), after such date as the user fee regulation under subsection (b) is fully implemented and the amounts of the fees received have been appropriated to the Injurious Wildlife Prevention Fund pursuant to section 16(b)(2)(A) for at least one full fiscal year. (d) Fee limit (1) In general The amount of the additional fee to be charged on any live wildlife shipment under this section shall be set by the Secretary only after fully considering public comments on the proposed fee regulation and it shall be charged broadly and fairly across the live wildlife import industry and at the lowest level feasible to achieve the cost recovery purpose in subsection (c). (2) Annual total fee revenue The fees shall be set so that the annual total fee revenue shall not exceed the amount of the annual total fee revenue of the fee charged by the Director under the inspection program of the Director to oversee the importation of live wildlife carried out pursuant to— (A) section 11(f) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(f) ); (B) subpart I of part 14 of title 50, Code of Federal Regulations (or successor regulations); and (C) other applicable authority. 14. Relationship to State law (a) Possession of lawfully obtained injurious wildlife taxa Possession of lawfully obtained injurious wildlife taxa within a State shall— (1) be a matter of State law; and (2) (A) not be federally regulated; or (B) not require a Federal permit under this Act. (b) Regulations and determinations Except as provided in subsection (c), nothing in this Act, or in the regulations and determinations to be promulgated or issued by the Secretary or the Director under this Act, preempts or otherwise affects the application of any State law that establishes more stringent requirements for— (1) the importation, transportation, possession, sale, purchase, release, breeding of, or bartering for, or any other transaction involving, any nonnative wildlife taxon; or (2) the prevention of wildlife pathogens and harmful parasites. (c) Limitation on Application of prohibitions To prevent release The Director may limit the application of this Act to facilitate implementation of any State, local, or tribal program that results in voluntary surrender of regulated nonnative wildlife, if the Director determines that the limitation will prevent the release of that wildlife. 15. Penalties and sanctions (a) Civil penalties (1) Civil administrative penalties (A) In general Any person who is found by the Secretary, after notice and opportunity for a hearing conducted in accordance with section 554 of title 5, United States Code, to have committed any act prohibited by section 11 shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation. (B) Subpoena power For the purposes of conducting any investigation or hearing under this Act, the Secretary may— (i) issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents; and (ii) administer oaths. (2) Civil judicial penalties Any person who violates any provision of this Act, or any regulation promulgated or permit issued under this Act, shall be subject to a civil penalty in an amount not to exceed $500 for each such violation. (b) Criminal offenses Any person who knowingly violates any provision of this Act, or any regulation promulgated or permit issued under this Act, shall, upon conviction, be guilty of a class A misdemeanor. (c) Natural resource damages All costs relating to the mitigation of injury caused by a violation of this Act shall be borne by the person that violated this Act. (d) Enforcement (1) Other powers and authorities Any person authorized by the Secretary to enforce this Act shall have the same authorities as are described in section 6 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3375 ). (2) Forfeiture (A) In general A person who is determined to have violated any provision of this Act shall forfeit to the United States— (i) any property, real or personal, taken or retained in connection with or as a result of the offense; and (ii) any property, real or personal, used or intended to be used to commit or to facilitate the commission of the offense. (B) Disposal of property Upon the forfeiture to the United States of any property or item described in clause (i) or (ii) of subparagraph (A), or upon the abandonment or waiver of any claim to any such property or item, the property or item shall be disposed of by the Secretary in a manner consistent with the purpose of this Act. (e) Application of customs laws All powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purpose of this Act, be exercised or performed by the Secretary, or by such officers or employees of the United States as the Secretary may designate. 16. Injurious wildlife prevention fund (a) Establishment There is established in the Treasury of the United States a Fund, to be known as the Injurious Wildlife Prevention Fund , to be administered by the Secretary, and to be available without fiscal year limitation and subject to appropriation, for use in accordance with subsection (c). (b) Transfers to fund (1) In general The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (2). (2) Fees and penalties There are appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, amounts equivalent to amounts collected— (A) as user fees and received in the Treasury under section 13(a); (B) as civil administrative or judicial penalties under section 15; and (C) as a civil penalty for any violation of section 42 of title 18, United States Code (including a regulation promulgated under that section). (c) Use of funds (1) In general Of the amounts deposited in the Fund for a fiscal year— (A) 75 percent shall be available to the Secretary for use in carrying out this Act (other than paragraph (2)); and (B) 25 percent shall be used by the Secretary to carry out paragraph (2). (2) Aid for state wildlife risk assessments (A) In general The Secretary shall establish a program to provide natural resource assistance grants to States for use in supporting best practices and capacity-building by States, consistent with the purpose of this Act, for— (i) inspecting and monitoring wildlife imports and interstate commerce; and (ii) conducting assessments of risk associated with the intentional importation of nonnative wildlife taxa. (B) Administration The program under this paragraph shall be administered by the Director under the Federal Aid to States program of the Director. (d) Prohibition Amounts in the Fund may not be made available for any purpose other than a purpose described in subsection (c). (e) Annual reports (1) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2014, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (2) Contents Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited in the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. (f) Separate Appropriations account Section 1105(a) of title 31, United States Code, is amended— (1) by redesignating paragraphs (35) and (36) as paragraphs (36) and (37), respectively; (2) by redesignating the second paragraph (33) (relating to obligational authority and outlays requested for homeland security) as paragraph (35); and (3) by adding at the end the following: (38) a separate statement for the Injurious Wildlife Prevention Fund established by section 16(a) of the Invasive Wildlife Prevention Act of 2012, which shall include the estimated amount of deposits in the Fund, obligations, and outlays from the Fund. . 17. Relationship to other Federal laws Nothing in this Act— (1) repeals, supersedes, or modifies any provision of— (A) the Public Health Service Act ( 42 U.S.C. 201 et seq. ); (B) the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ); (C) the Plant Protection Act ( 7 U.S.C. 7701 et seq. ); or (D) the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. ); or (2) authorizes any action with respect to the importation of any plant pest, including a biological control agent, under the Federal Plant Pest Act (7 U.S.C. 150aa et seq.), to the extent that the importation is subject to regulation under that Act. 18. Requirement to promulgate regulations In addition to regulations required under section 5 and other provisions of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this Act.

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113-hr-997

I 113th CONGRESS 1st Session H. R. 997 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. King of Iowa (for himself, Mr. Westmoreland , Mr. Gingrey of Georgia , Mr. Palazzo , Mr. Nunnelee , Mr. Coble , Mr. Hall , Mr. Simpson , Mr. Jones , Mr. Franks of Arizona , Mr. Buchanan , Mr. Miller of Florida , Mr. Wolf , Mr. Rohrabacher , Mr. Stivers , Mr. Broun of Georgia , Mr. Turner , Mr. Rogers of Kentucky , Mr. McClintock , Mr. Gibbs , Ms. Foxx , Mr. Latta , Mr. Barletta , Mr. Boustany , Mr. Salmon , Mr. Kingston , Mr. McCaul , Mr. McIntyre , Mr. Graves of Missouri , Mr. Rahall , Mr. Luetkemeyer , Mr. Duncan of Tennessee , Mr. Shuster , Mr. Tiberi , Mr. Jordan , and Mr. Gohmert ) introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 declare English as the official language of the United States, to establish a uniform English language rule for naturalization, and to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress’ powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under article I, section 8, of the Constitution. 1. Short title This Act may be cited as the English Language Unity Act of 2013 . 2. Findings The Congress finds and declares the following: (1) The United States is comprised of individuals from diverse ethnic, cultural, and linguistic backgrounds, and continues to benefit from this rich diversity. (2) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been the English language. (3) Among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and in laws of the respective States. 3. English as official language of the United States (a) In general Title 4, United States Code, is amended by adding at the end the following new chapter: 6 Official language 161. Official language of the United States The official language of the United States is English. 162. Preserving and enhancing the role of the official language Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. 163. Official functions of Government to be conducted in English (a) Official functions The official functions of the Government of the United States shall be conducted in English. (b) Scope For the purposes of this section, the term United States means the several States and the District of Columbia, and the term official refers to any function that (i) binds the Government, (ii) is required by law, or (iii) is otherwise subject to scrutiny by either the press or the public. (c) Practical effect This section shall apply to all laws, public proceedings, regulations, publications, orders, actions, programs, and policies, but does not apply to— (1) teaching of languages; (2) requirements under the Individuals with Disabilities Education Act; (3) actions, documents, or policies necessary for national security, international relations, trade, tourism, or commerce; (4) actions or documents that protect the public health and safety; (5) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; (6) actions that protect the rights of victims of crimes or criminal defendants; or (7) using terms of art or phrases from languages other than English. 164. Uniform English language rule for naturalization (a) Uniform language testing standard All citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States made in pursuance of the Constitution. (b) Ceremonies All naturalization ceremonies shall be conducted in English. 165. Rules of construction Nothing in this chapter shall be construed— (1) to prohibit a Member of Congress or any officer or agent of the Federal Government, while performing official functions, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English); (2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act); (3) to disparage any language or to discourage any person from learning or using a language; or (4) to be inconsistent with the Constitution of the United States. 166. Standing A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief. . (b) Clerical amendment The table of chapters at the beginning of title 4, United States Code, is amended by inserting after the item relating to chapter 5 the following new item: Chapter 6. Official Language . 4. General rules of construction for English language texts of the Laws of the United States (a) In general Chapter 1 of title 1, United States Code, is amended by adding at the end the following new section: 9. General rules of construction for laws of the United States (a) English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the Laws of the United States. (b) Any ambiguity in the English language text of the Laws of the United States shall be resolved, in accordance with the last two articles of the Bill of Rights, not to deny or disparage rights retained by the people, and to reserve powers to the States respectively, or to the people. . (b) Clerical amendment The table of sections at the beginning of chapter 1 of title 1, is amended by inserting after the item relating to section 8 the following new item: 9. General Rules of Construction for Laws of the United States. . 5. Implementing regulations The Secretary of Homeland Security shall, within 180 days after the date of enactment of this Act, issue for public notice and comment a proposed rule for uniform testing English language ability of candidates for naturalization, based upon the principles that— (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States which are made in pursuance thereof; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum. 6. Effective date The amendments made by sections 3 and 4 shall take effect on the date that is 180 days after the date of the enactment of this Act.

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113-hr-998

I 113th CONGRESS 1st Session H. R. 998 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Barr 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 reduce the holding period used to determine whether horses are section 1231 assets to 12 months. 1. Reduction of holding period to 12 months for purposes of determining whether horses are section 1231 assets (a) In general Subparagraph (A) of section 1231(b)(3) of the Internal Revenue Code of 1986 is amended by striking and horses . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012.

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113-hr-999

I 113th CONGRESS 1st Session H. R. 999 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mrs. Black introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committee on 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 amend title 49, United States Code, to require that individuals seeking training in the operation of certain aircraft be checked against immigration information in the possession of the Secretary of Homeland Security to ensure that such individuals are citizens or nationals of the United States, lawful permanent resident aliens, or nonimmigrants admitted for a limited period to obtain such training, and for other purposes. 1. Requirement that individuals seeking flight training are checked against immigration records (a) In general Subsection (a) of section 44939 of title 49, United States Code, is amended— (1) by redesignating subparagraphs (A) through (F) of paragraph (1) as clauses (i) through (vi), respectively; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by striking 12,500 pounds and inserting 12,500 pounds— ; (4) by inserting before subparagraph (A), as redesignated by paragraph (2) of this subsection, a new paragraph (2); (5) by moving the text beginning with to an and all that follows through only if— to such paragraph (2); (6) by inserting before such paragraph (2) the following new paragraph (1): (1) an individual seeking such training only upon receipt of information from the Assistant Secretary that the individual has been checked against databases available to the Assistant Secretary and the Assistant Secretary has determined that the individual is— (A) a citizen of the United States; (B) a national of the United States; (C) an alien lawfully admitted to the United States for permanent residence; or (D) an alien temporarily admitted to the United States as a nonimmigrant for the purpose of obtaining such training; and ; and (7) in the subsection heading by striking Waiting period.— and inserting Requirements; waiting period.— . (b) Conforming amendment Subparagraph (B) of paragraph (2) of subsection (a) of section 44949, as redesignated by subsection (a), is amended by striking paragraph (1) and inserting subparagraph (A) . (c) Clerical amendment The amendments made by subsection (a) shall apply with respect to an individual seeking flight training on or after the date of the enactment of this Act. 2. Requiring flight schools to be certified by FAA Section 44939 of title 49, United States Code, is amended by adding at the end the following: (j) Certification by FAA The Secretary shall require flight schools to be certified by the Administrator of the Federal Aviation Administration pursuant to part 141 or part 142 of title 14, Code of Federal Regulations (or similar successor regulations). .

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113-hr-1000

I 113th CONGRESS 1st Session H. R. 1000 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Conyers introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 establish the National Full Employment Trust Fund to create employment opportunities for the unemployed. 1. Short title This Act shall be cited as the Humphrey-Hawkins Full Employment and Training Act . 2. Findings and Purpose (a) Findings The Congress finds the following: (1) The Full Employment and Balanced Growth Act of 1978 established an interim 5-year target of 3 percent unemployment for individuals 20 years of age and older, and 4 percent for individuals age 16 and over within 5 years, with full employment to be achieved as soon as practicable thereafter. (2) The Federal Government has previously established full employment as a national goal in national legislation, including the Employment Act of 1946 and the Full Employment and Balanced Growth Act of 1978. (3) Pursuant to these Acts, the Congress declared it is the continuing policy and responsibility of the Federal Government to use all practicable means to create and maintain conditions which promote useful employment opportunities for all who seek them, including the self-employed. Pursuant to these Acts, the Congress declared and established as a national goal the fulfillment of the right to full opportunities for useful paid employment at fair rates of compensation of all individuals able, willing, and seeking to work. (4) The Nation has suffered substantial unemployment and underemployment, and idleness of productive resources over prolonged periods of time, imposing numerous economic and social costs on the Nation. (5) The Nation has been deprived of the full supply of goods and services, the full utilization of labor and capital resources, and the related increases in economic well-being that would occur under conditions of genuine full employment. (6) The current output of goods and services is insufficient to meet pressing national priorities for infrastructure, transportation, energy, education, health care, child and elder care, and many other necessary public and human services. (7) Unemployment and underemployment expose many workers and families to significant, social, psychological and physiological costs, including disruption of family life, the loss of individual dignity and self-respect, and the aggravation of physical and psychological illnesses. (8) Persisting unemployment and underemployment have devastating financial consequences, resulting in the loss of income and spending power for families, and interfering with their ability to save and accumulate assets for a secure family life and retirement. High levels of unemployment and inadequate consumer demand also contribute to poor conditions for retail businesses, manufacturers and many other firms to grow and prosper. In the real estate sector, the Congress finds that continuing high levels of unemployment contribute to foreclosures, evictions, and commercial vacancies, undermining the quality of neighborhood and community life, and hampering prospects for economic recovery and national prosperity. (9) The historic promise of this earlier legislation has not been fully realized, and we re-declare and reaffirm our support for achieving a national goal of jobs for all at living wages. (10) The United States has a duty under Articles 55 and 56 of the United Nations Charter to promote “full employment” and the “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”. The human rights the United States has a duty to promote pursuant to this obligation are set forth in the Universal Declaration of Human Rights. Article 23 of the Universal Declaration states that “Everyone has the right to work” and to “just and favorable remuneration” that insures for his or her family “an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection”. (11) The Congress has a strong interest in seeking the progressive reduction and elimination of job disparities among groups of workers who experience chronically higher rates of unemployment and underemployment. (12) Even at the top of the business cycle, when national unemployment rates drop to the 4 percent to 5 percent range, job vacancy surveys show that the economy does not provide enough jobs to employ everyone who wants to work. Reliance on direct job creation to close the economy’s job gap is especially important at such times, because it provides a means of creating additional jobs without adding significantly to inflationary pressures, a very difficult goal to achieve at the top of the business cycle via macroeconomic policy interventions. (13) The Congress intends to maximize the creation of private, public and nonprofit sector jobs through improved use of general economic and structural policies, including measures to encourage private sector investment and capital formation; an increased public investment in research and development, infrastructure, energy, education, public services and the environment, and other essential goods and services. (b) Purpose It is the purpose of the Humphrey Hawkins 21st Century Full Employment and Training Act to expedite progress to fulfill the right to useful work at living wages for all persons seeking employment, as promptly as possible and at the earliest practicable date by establishing a Full Employment Trust Fund to fund and operate a national program of public service employment and to provide additional labor market opportunities to complement those offered by the existing private, public, and nonprofit sectors. 3. Definitions In this Act the following definitions apply: (1) Indian tribe The term Indian tribe has the meaning given such term in section 102(17) of the Housing and Community Development Act ( 42 U.S.C. 5302(17) ). (2) Secretary The term Secretary means the Secretary of Labor. (3) Small business The term small business has the meaning given the term small business concern under section 3 of the Small Business Act (15 U.S.C. 632). (4) State The term State has the meaning given such term in section 102(2) of the Housing and Community Development Act ( 42 U.S.C. 5302(2) ). (5) Trust fund The term Trust Fund refers to the Full Employment Trust Fund established under section 4. (6) Unit of general local government The term unit of general local government has the meaning given such term in section 102(1) of the Housing and Community Development Act (42 U.S.C. 5302(1)). (7) Urban county The term urban county has the meaning given such term in section 102(6) of the Housing and Community Development Act ( 42 U.S.C. 5302(6) ). 4. Establishment Of Full Employment National Trust Fund (a) In general The Secretary shall establish a Full Employment National Trust Fund (in this Act referred to as the Trust Fund ) for the purposes of— (1) providing funding for the Employment Opportunity Grants established in section 5; and (2) issuing funds to the Secretary to fund programs under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). (b) Financing the Trust Fund Subject to the availability of appropriations for this purpose, the Secretary of the Treasury shall annually make available to the Secretary of Labor for deposit into the Trust Fund an amount equal to the amount collected for that year through the tax described in section 4475 of the Internal Revenue Code of 1986, as added by section 8. (c) Loans from the Federal Reserve System (1) In general If the amount available in the Trust Fund for allocation under section 5 is insufficient to prevent the national unemployment rate from rising more than one full percentage during a fiscal year in which the national unemployment rate is increasing, the Board of Governors of the Federal Reserve System shall lend such additional amounts to the Trust Fund as are necessary to allow the Secretary of Labor to make such additional allocations under section 5 as are necessary to restore the national unemployment rate to its allowable 1 percent range of upward variation. (2) Repayment Amounts lent to the Trust Fund by the Board of Governors of the Federal Reserve System under paragraph (1) shall be repaid by the Trust Fund over 10 years, with interest payable at the same average rate the Federal Government contracts to pay on 10-year bonds sold during the period beginning 45 days prior to the date the loans were made to the Trust Fund and ending 45 days following such date. (d) Separate Trust Fund Accounts The Trust Fund shall consist of 2 separate accounts as follows: (1) One account shall consist of 67 percent of the funds made available for deposit under subsection (b) and shall be for the Employment Opportunity Grants established in section 5. (2) The other account shall consist of 33 percent of the funds made available for deposit under subsection (b) and shall be available to the Secretary to fund programs under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). (e) Web Site The Secretary shall establish an Internet Web site to serve as an information clearinghouse for job training and employment opportunities funded by the Trust Fund. (f) Training stipend The Secretary shall promulgate regulations to encourage entities that receive funds under programs under the Workforce Investment Act of 1998 ( 20 U.S.C. 2801 et seq. ) that are funded by the account described in subsection (c)(2) to, whenever possible, establish a training stipend for individuals who participate in such programs. 5. Employment opportunity grants to States, local governments, and Indian tribes (a) Employment grants contingent on level of unemployment (1) First year Subject to the availability of funds in the Trust Fund for activities under this section, if, at the beginning of a month in the first fiscal year for which funds are available in the Trust Fund for activities under this section, the United States has unemployment according to the most recent monthly publications of the Bureau of Labor Statistics of the Department of Labor, the Secretary shall make grants for such month to States, unit of general local governments, or Indian tribes to carry out activities in accordance with this section. The total amount awarded under this paragraph for such fiscal year shall not exceed 90 percent of the funds available in the Trust Fund for such fiscal year. (2) Succeeding years Subject to the availability of funds in the Trust Fund for activities under this section, if, at the beginning of a fiscal year subsequent to the fiscal year described in paragraph (1) , the United States has unemployment according to the most recent monthly publications of the Bureau of Labor Statistics of the Department of Labor, the Secretary shall make grants for such fiscal year to States, units of general local government, Indian tribes, or community-based organizations to carry out activities in accordance with this section. The total amount awarded under this paragraph for a fiscal year shall not exceed 90 percent of the funds available in the Trust Fund for such fiscal year. (b) Purpose Grants made under this section shall be for creating employment opportunities for unemployed and underemployed individuals in activities designed to address community needs and reduce disparities in health, housing, education, job readiness, and public infrastructure that have impeded these communities from realizing their full economic potential. (c) Use of funds A recipient of a grant under this section shall use the grant for the following purposes: (1) Construction, re-construction, rehabilitation, and site improvements of residences or public facilities, including improvements in the energy efficiency or environmental quality of such public facilities or residences. (2) Provision of human services, including child care services, health care services, education, or recreational programs. (3) The remediation and demolition of vacant and abandoned properties to eliminate blight. (4) Programs that provide disadvantaged youth with opportunities for employment, education, leadership development, entrepreneurial skills development, and training. (5) The painting and repair of schools, community centers, and libraries. (6) The restoration and revitalization of abandoned and vacant properties to alleviate blight in distressed and foreclosure-affected areas of a unit of general local government. (7) The expansion of emergency food programs to reduce hunger and promote family stability. (8) The augmentation of staffing in Head Start, child care, and other early childhood education programs to promote school readiness and early literacy. (9) The renovation and enhancement of maintenance of parks, playgrounds, and other public spaces. (10) Supplemental labor for existing federally or State-funded infrastructure projects. (11) Supplemental labor for existing federally or State-funded projects aimed at expanding access to broadband or wireless Internet service. (12) Other activities that address public needs and which can be implemented as quickly as the activities described in paragraphs (1) through (11). (d) Consultation required Each grant recipient shall consult with community leaders, including labor organizations, nonprofit community-based organizations, local government officials, and local residents to— (1) assess the needs of the community served by the grant recipient; (2) determine sectors of the local economy that are in need of employees; (3) make recommendations for new employment opportunities in the areas described in subsection (c); and (4) assess the effectiveness of job placements made under this Act. (e) Conditions As a condition of receiving a grant under this section, a grant recipient shall— (1) agree to comply with the nondiscrimination policy set forth under section 109 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5309 ); (2) with respect to the funds allocated for each project funded under the grant— (A) allocate not less than 80 percent for wages, benefits, and support services, including child care services, for individuals, including supervisory and management personnel, employed on such project; and (B) allocate the remaining funds to defray the nonlabor costs of the project, including necessary capital goods, supplies, materials, rental payments, transportation costs, and other similar expenses; (3) use revenue generated by a project funded under the grant (whether in the form of fees paid for services provided by the project, reimbursements for expenses incurred in undertaking the project, or income from the sale of goods or services produced by the project) in excess of the costs of the project to— (A) supplement the project budget; or (B) support other projects funded by the grant in conformity with the purposes of this Act and subject to the same rules and requirements that apply to other such projects; (4) ensure that employment on any project funded under the grant is carried out in accordance with subsection (c); (5) institute an outreach program with community organizations and service providers in low-income communities to provide information about placements funded under the grant to individuals suited to perform community infrastructure work; and (6) ensure that not less than 35 percent of individuals employed under the grant are individuals described in paragraph (4)(B) of subsection (f). (f) Employment described Employment funded under this section shall meet the following specifications: (1) Any employer that employs an individual whose employment is funded under the grant shall— (A) continue to employ such individual for not less than 12 months, subject to the individual’s satisfactory performance of the reasonable requirements of the individual’s employment; (B) if such an individual desires full-time employment, employ such individual for not less than 35 hours per week and not more than 40 hours, and if such an individual desires part-time work, employ such individual for a mutually agreed number of hours per week that is less than 35 hours per week; (C) comply with responsible contractor standards, as determined by the relevant official in the unit of local general government; (D) provide compensation to such individual on a per hour basis equal to the compensation provided to public sector employees who perform similar work in the community where such individual is employed or, if no public sector employees perform such similar work, provide compensation to such individual that is comparable to the compensation provided to private-sector employees who perform similar work in the community where such individual is employed; (E) if such employment is in construction, provide compensation to any laborer or mechanic employed under the grant at rates not less than those prevailing on similar construction in the locality as determined by the Secretary in accordance with subchapter IV of chapter 31 of title 40, United States Code; and (F) offer assistance to such individual in applying for social benefits for which such individual or the members of such individual’s family may be eligible. (2) No individual whose employment is funded under the grant may work for an employer at which a collective bargaining agreement is in effect covering the same or similar work, unless— (A) the consent of the union at such employer is obtained; and (B) negotiations have taken place between such union and the employer as to the terms and conditions of such employment. (3) (A) (i) An employer may not employ an individual for a position funded under this Act, if— (I) employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employee benefits) of an existing employee of the employer; or (II) such individual will perform the same or substantially similar work that had previously been performed by an employee of the employer— (aa) has been laid off or partially displaced (as such term is described in subclause (I)); and (bb) has not been offered by the employer, to be restored to the position the employee had immediately prior to being laid off or partially displaced. (ii) For the purposes of this paragraph, a position shall be considered to have been eliminated by an employer if the position has remained unfilled and the unit or organization has not sought to fill such position for at least a period of one month. (iii) An individual may not be hired for a position funded under this Act in a manner that infringes upon the promotional opportunities of an existing employee (as of the date of such hiring) of an employer receiving funds under this Act. (B) A community-based organization receiving funds under this Act may not use such funds to provide services or functions that are customarily provided by a unit of general local government where such services or functions are provided by the organization. (4) An individual hired to fill a job funded under this Act shall register with and be certified by the appropriate State employment service as eligible for such employment and shall satisfy at least one of the following conditions as of the date the individual is so hired: (A) The individual is receiving unemployment insurance benefits. (B) The individual is unemployed, a member of a targeted group as defined by section 51(d) of the Internal Revenue Code of 1986, and has been seeking employment, with the assistance of the State employment service, for not less than 30 days prior to the date on which the individual is so hired. (C) The individual is unemployed and seeking employment, with the assistance of the State employment service, for not less than 60 days prior to the date the individual is so hired. (D) The individual has been employed part-time while seeking full-time employment with the assistance of the State employment service for not less than 13 weeks prior to the date the individual is so hired. (5) An individual employed in a job funded under this Act shall— (A) notwithstanding the individual’s employment in a job funded under this Act, be registered with the appropriate State employment service as available for and seeking work; (B) respond appropriately, as a person available for and seeking employment, to referrals by the State employment service concerning available jobs; (C) apply for suitable jobs for which the individual has been referred by the State employment service; and (D) accept a suitable job if such job is offered to the individual. For purposes of subparagraphs (C) and (D), the term suitable job means a job that a newly unemployed individual receiving unemployment insurance benefits would be required to accept in order to avoid forfeiting the individual’s eligibility for continued receipt of unemployment insurance benefits under the laws of the State in which the individual is employed in a job funded under this Act. (6) An individual employed in a job funded under this Act who terminates that employment in order to accept other employment, and who subsequently is terminated from that other employment without fault on the individual’s part, shall be eligible for immediate reemployment in a job funded under this Act. (7) In hiring individuals for positions funded under this Act, or using funds under this Act to continue to provide employee compensation for existing employees, an employer shall comply with all applicable Federal, State, and local laws, personnel policies and regulations, and collective bargaining agreements, as if such individual was hired, or such employee compensation were provided, without assistance under this Act. (8) An individual hired for a position funded under this Act shall— (A) be considered an employee of the employer, by which such individual was hired; and (B) receive the same employee compensation, have the same rights and responsibilities and job classifications, and be subject to the same job standards, employer policies, and collective bargaining agreements as if such individual were hired without assistance under this Act. (g) Award of Grants (1) Selection criteria In selecting a project to receive funding for employing the individuals described in subsection (f)(4), a grant recipient shall consider— (A) the input of all participants in a proposed project, including labor organizations, community organizations, and employers; (B) the needs of the community intended to benefit from such project; (C) the long-term goals and short-term objectives to address such needs; and (D) any recommendations for programs and activities developed to meet such needs. (2) Priority given to certain projects A grant recipient under this section shall give priority to projects that— (A) serve areas with the greatest level of economic need, determined for each such area by— (i) the unemployment rate; (ii) the rate of poverty; (iii) the number of census tracts with concentrated poverty; (iv) the lowest median income; (v) the percentage of vacant and abandoned properties; (vi) the percentage of home foreclosures; and (vii) the indicators of poor resident health, including high rates of chronic disease, infant mortality, and life expectancy; (B) integrate education and job skills training, including basic skills instruction and secondary education services; (C) coordinate to the maximum extent feasible with pre-apprenticeship and apprenticeship programs; and (D) provide jobs in sectors where job growth is most likely, as determined by the Secretary, and in which career advancement opportunities exist to maximize long-term, sustainable employment for individuals after employment funded under this Act ends. (h) Allocation of Grants (1) Grants for Indian tribes and deposits into discretionary fund Not more than 5 percent of the funds available in the Trust Fund for activities under this section for any fiscal year shall be reserved for grants to Indian tribes and for deposit into a discretionary fund established by the Secretary for national demonstration projects and multi-jurisdictional projects. (2) Grants to states Not more than 30 percent of the funds available in the Trust Fund for activities under this section for any fiscal year shall be allocated to States to distribute to units of general local government that do not qualify for funds under paragraph (3). (3) Grants to units of general local government Grant funds that are not reserved under paragraphs (1) and (2) shall be allocated to metropolitan cities and urban counties using the formula under section 106(b) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(b) ). (i) Reports (1) Reports by grant recipients Not later than 90 days after the last day of each fiscal year in which assistance under this section is furnished, a recipient of a grant under this section shall submit to the Secretary a report containing the following: (A) A description of the progress made in accomplishing the objectives of this chapter. (B) A summary of the use of the grant during the preceding fiscal year. (C) For units of general local government, a listing of each entity receiving funds and the amount of such grants, as well as a brief summary of the projects funded for each such unit, the extent of financial participation by other public or private entities, and the impact on employment and economic activity of such projects during the previous fiscal year. (D) For States, a listing of each unit of general local government receiving funds and the amount of such grants, as well as a brief summary of the projects funded for each such unit, the extent of financial participation by other public or private entities, and the impact on employment and economic activity of such projects during the previous fiscal year. (E) The amount of money received and expended during the fiscal year. (F) The number of individuals assisted under the grant whose household income is low-income, very low-income, or extremely low-income (as such terms are used for purposes of the Housing Act of 1937 and the regulations thereunder (42 U.S.C. 1437 et seq.)). (G) The amount expended on administrative costs during the fiscal year. (2) Report to Congress At least once every 6 months, the Secretary shall submit to Congress a report on the use of grants awarded under this section and any progress in job creation. (j) Establishment of arbitration procedure (1) In general Each grant recipient under this section shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections (k) and (l). (2) Written grievances (A) In general If an employee (or an employee representative) wishes to use the arbitration procedure described in this subsection, such party shall file a written grievance within the time period required under subsection (k) or (l), as applicable, simultaneously with the chief executive officer of a unit or State involved in the dispute and the Secretary. (B) In-person meeting Not later than 10 days after the date of the filing of the grievance, the chief executive officer (or the designee of the chief executive officer) shall have an in-person meeting with the party to resolve the grievance. (3) Arbitration (A) Submission If the grievance is not resolved within the time period described in paragraph (2)(B), a party, by written notice to the other party involved, may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties. (B) Appointment by Secretary If the parties cannot agree on an arbitrator within 5 days of submitting the grievance to binding arbitration under subparagraph (A), one of the parties may submit a request to the Secretary to appoint a qualified and independent arbitrator. The Secretary shall appoint a qualified and independent arbitrator within 15 days after receiving the request. (C) Hearing Unless the parties mutually agree otherwise, the arbitrator shall conduct a hearing on the grievance and issue a decision not later than 30 days after the date such arbitrator is selected or appointed. (D) Costs (i) In general Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration. (ii) Exception If a grievant prevails under an arbitration proceeding, the recipient of a grant under this section shall pay the cost of such proceeding, including attorneys’ fees. (k) Disputes concerning the allotment of funds In a case where a unit of general local government that is an entitlement community or a State has improperly requested funds for services or functions to be provided by a community-based organization that are customarily provided by the unit or, in the case of a State, by a unit located in the nonentitlement area of the State where services or functions will be provided by the organization, an employee or employee representative of the unit or State may file a grievance under subsection (j) not later than 15 days after public notice of an intent to submit an application under this section is published. Upon receiving a copy of the grievance, the Secretary shall withhold the funds subject to such grievance, unless and until the grievance is resolved under subsection (j), by the parties or an arbitrator in favor of providing such funding. (l) All other disputes (1) In general In the case of a dispute not covered under subsection (k) concerning compliance with the requirements of this section by a recipient of a grant under this section, an employee or employee representative of the unit or State may file a grievance under subsection (k) not later than 90 days after the dispute arises. In such cases, an arbitrator may award such remedies as are necessary to make the grievant whole, including the reinstatement of a displaced employee or the payment of back wages, and may submit recommendations to the Secretary to ensure further compliance with the requirements of this title, including recommendations to suspend or terminate funding, or to require the repayment of funds received under this title during any period of noncompliance. (2) Existing grievance procedures A party to a dispute described in paragraph (1) may use the existing grievance procedure of a recipient of a grant under this section, or the arbitration procedure described in this subsection, to resolve such dispute. (m) Party defined For purposes of subsections (j), (k), and (l), the term party means the employee and the recipient of a grant under this section, involved in a dispute described in subsection (k) or (l). (n) Whistleblower Hotline; Enforcement by the Secretary (1) Whistleblower hotline The Secretary shall post on a publicly accessible Internet Web site of the Department of Labor the contact information for reporting noncompliance with this title by a State, unit of general local government, community-based organization, or individual receiving funding under this title. (2) Enforcement by the Secretary (A) In general If the Secretary receives a complaint alleging noncompliance with this title, the Secretary may conduct an investigation and after notice and an opportunity for a hearing, may order such remedies as the Secretary determines appropriate, including— (i) withholding further funds under this title to a noncompliant entity; (ii) requiring the entity to make an injured party whole; or (iii) requiring the entity to repay to the Secretary any funds received under this title during any period of noncompliance. (B) Recommendation by an arbitrator A remedy described in subparagraph (A) may also be ordered by the Secretary upon recommendation by an arbitrator appointed or selected under this section. 6. National Employment Conference (a) In general The Secretary shall convene a national employment conference not later than 1 year after the date of enactment of this Act, to bring together leaders of small, medium, and large businesses, labor, government, and all other interested parties. (b) Subject The subject of the conference shall be employment, with particular attention to structural unemployment and the plight of disadvantaged youth. The conference shall also focus on issues such as adequate and effective incentives for employers to hire the long-term unemployed. 7. Inclusion of minority-serving, community-based organizations in WIA State and local workforce investment Boards (a) State Boards Section 111(b)(1)(C)(v) of the Workforce Investment Act of 1998 (29 U.S.C. 2821(b)(1)(C)(v)) is amended by inserting before the semicolon (including not less than 25 percent of the chief executive officers of minority-serving, community-based organizations) . (b) Local Boards Section 117(b)(2)(A)(iv) of such Act ( 29 U.S.C. 2832(b)(2)(A)(iv) ) is amended by inserting , and not less than 25 percent of the chief executive officers of minority-serving, community-based organizations after present . 8. Tax on securities transactions (a) In general Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: C Tax on Securities Transactions Sec. 4475. Tax on securities transactions. 4475. Tax on securities transactions (a) Imposition of tax (1) Stocks There is hereby imposed a tax on each covered transaction in a stock contract of 0.25 percent of the value of the instruments involved in such transaction. (2) Futures There is hereby imposed a tax on each covered transaction in a futures contract of 0.02 percent of the value of the instruments involved in such transaction. (3) Swaps There is hereby imposed a tax on each covered transaction in a swaps contract of 0.02 percent of the value of the instruments involved in such transaction. (4) Credit default swaps There is hereby imposed a tax on each covered transaction in a credit default swaps contract of 0.02 percent of the value of the instruments involved in such transaction. (5) Options There is hereby imposed a tax on each covered transaction in an options contract with respect to a transaction described in paragraph (1), (2), (3), or (4) of— (A) the rate imposed with respect to such underlying transaction under paragraph (1), (2), (3), or (4) (as the case may be), multiplied by (B) the premium paid on such option. (b) Exception for retirement accounts, etc No tax shall be imposed under subsection (a) with respect to any stock contract, futures contract, swaps contract, credit default swap, or options contract which is held in any plan, account, or arrangement described in section 220, 223, 401(a), 403(a), 403(b), 408, 408A, 529, or 530. (c) Exception for interests in mutual funds No tax shall be imposed under subsection (a) with respect to the purchase or sale of any interest in a regulated investment company (as defined in section 851) or of any derivative of such an interest. (d) By whom paid (1) In general The tax imposed by this section shall be paid by— (A) in the case of a transaction which occurs on a trading facility located in the United States, such trading facility, or (B) in any other case, the purchaser with respect to the transaction. (2) Withholding if buyer is not a United States person See section 1447 for withholding by seller if buyer is a foreign person. (e) Covered transaction The term covered transaction means any purchase or sale if— (1) such purchase or sale occurs on a trading facility located in the United States, or (2) the purchaser or seller is a United States person. (f) Administration The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. . (b) Withholding Subchapter A of chapter 3 of such Code is amended by adding at the end the following new section: 1447. Withholding on securities transactions (a) In general In the case of any outbound securities transaction, the transferor shall deduct and withhold a tax equal to the tax imposed under section 4475 with respect to such transaction. (b) Outbound securities transaction For purposes of this section, the term outbound securities transaction means any covered transaction to which section 4475(a) applies if— (1) such transaction does not occur on a trading facility located in the United States, and (2) the purchaser with respect to such transaction is not a United States person. . (c) Clerical amendments (1) The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: Subchapter C. Tax on Securities Transactions . (2) The table of sections for subchapter A of chapter 3 of such Code is amended by adding at the end the following new item: Sec. 1447. Withholding on securities transactions. . (d) Effective date The amendments made by this section shall apply to transactions occurring more than 180 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1000ih/xml/BILLS-113hr1000ih.xml

113-hr-1001

I 113th CONGRESS 1st Session H. R. 1001 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Bonner (for himself, Mr. Hastings of Florida , and Mr. Payne ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 to provide a specific limited exemption from the overtime pay requirements of such Act for work related to disaster or catastrophe claims adjustment after a major disaster. 1. Limited exemption for disaster or catastrophe claims adjusters Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) is amended by adding at the end the following: (s) (1) The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee— (A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; (B) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (C) whose duties include any of the following: (i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; (ii) inspecting property damage or reviewing factual information to prepare damage estimates; (iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; (iv) negotiating settlements; or (v) making recommendations regarding litigation. (2) Notwithstanding any other provision of section 18, in the event of a major disaster, this Act exclusively shall govern all such employers in lieu of any State or other Federal law or regulation or local law or regulation, with respect to the employees described in paragraph (1). (3) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). (4) For purposes of this subsection— (A) the term major disaster means any natural catastrophe, including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought, or, regardless of cause, any other catastrophe, including fire, flood, explosion, land collapse, avalanche, or pollutant or chemical release; (B) the term employee employed to adjust or evaluate claims resulting from or relating to such major disaster means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and (C) the term affiliate means a company that, by reason of ownership or control of twenty-five percent (25%) or more of the outstanding shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1001ih/xml/BILLS-113hr1001ih.xml

113-hr-1002

I 113th CONGRESS 1st Session H. R. 1002 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Cohen (for himself, Ms. Norton , Mr. Sires , Ms. Kaptur , Mr. Conyers , Mr. Grijalva , Mr. Clay , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Credit Reporting Act to require the inclusion of credit scores with free annual credit reports provided to consumers, and for other purposes. 1. Short title This Act may be cited as the Fair Access to Credit Scores Act of 2013 . 2. Credit scores included in free annual disclosures (a) In general Section 609 of the Fair Credit Reporting Act ( 15 U.S.C. 1681g ) is amended— (1) in subsection (a)(1)— (A) by striking and at the end and inserting a period; (B) by striking except that— and all that follows through (A) if the and inserting except that, if the ; and (C) by striking subparagraph (B); (2) in subsection (a), by adding at the end the following: (7) All consumer reporting agencies described in section 603(p) shall disclose a current credit score generated using the scoring algorithm, formula, model, program or mechanism that is most frequently used to generate scores sold to creditors, subject to regulations of the Bureau, along with any information in the consumer’s file at the time of the request concerning credit scores or any other risk scores or predictors relating to the consumer, if such request is made in connection with a free annual disclosure made pursuant to section 612(a). (8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information on where the credit score of the consumer falls with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers. ; and (3) in subsection (f)— (A) by striking Upon the request and all that follows through subparagraph (A) and inserting the following: (1) In general Upon request of a consumer for a credit score or a risk score, a consumer reporting agency shall supply to the consumer— (A) any credit score or risk score in the file of the consumer at the consumer reporting agency; ; (B) in paragraph (2)— (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: (A) Credit score The term credit score means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. (B) Risk score The term risk score means a numerical value or a categorization derived from a statistical tool or modeling system based upon information from a consumer report for the purpose of predicting the likelihood of certain behaviors or outcomes, and includes scores used for the underwriting of insurance. ; (C) by striking paragraph (6) and inserting the following: (6) Maintenance of credit scores All consumer reporting agencies shall maintain in the consumer’s file credit scores or any other risk scores or predictors relating to the consumer for a period of no less than 1 year from the date on which such information is generated. ; (D) by striking paragraph (7); and (E) in paragraph (8), by inserting before the period at the end the following: , except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a) . (b) Inclusion in free reports Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended— (1) in subsection (a)(1)(A), by striking (w) and inserting (x) ; and (2) in subsection (g)— (A) in paragraph (1)— (i) by striking free credit report and inserting free or low cost credit report or credit score ; and (ii) by inserting and free credit scores after free credit reports ; and (B) in paragraph (2)— (i) by striking televison and inserting television ; and (ii) by inserting or free credit score, as applicable, after free credit report . (c) Technical corrections The Fair Credit Reporting Act ( 15 U.S.C. 1681a et seq. ) is amended— (1) in section 603(d)(2)(D) ( 15 U.S.C. 1681a(d)(2)(D) ), by striking subsection (o) or (x) and inserting with subsection (o) or (y) ; (2) in section 603(i)(1)(C) ( 15 U.S.C. 1681a(i)(1)(C) ), by striking the period at the end and inserting ; and ; (3) in section 609(c)(1) ( 15 U.S.C. 1681g(c)(1) )— (A) in the paragraph heading, by striking Commission and inserting Bureau ; (B) in subparagraph (A), by striking Commission and inserting Bureau ; (C) in subparagraph (B)(vi), by striking section 603(w) and inserting section 603(x) ; and (D) in subparagraph (C), by striking Commission and inserting Bureau ; and (4) in section 612(a)(1) ( 15 U.S.C. 1681j(a)(1) )— (A) in subparagraph (A), by striking subsections (p) and (w) and inserting subsections (p) and (x) ; (B) in subparagraph (C)(i)— (i) by striking Commission and inserting Bureau ; and (ii) by striking section 603(w) and inserting section 603(x) ; (C) in subparagraph (C)(iii), by striking Commission and inserting Bureau ; and (D) in subparagraph (C)(iv), by striking section 603(w) and inserting section 603(x) . 3. Rulemaking Not later than 180 days after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall develop regulations establishing a mandatory disclosure format for consumer file disclosures pursuant to section 612(a)(1)(B) of the Fair Credit Reporting Act ( 15 U.S.C. 1681j(a)(1)(B) ). 4. Technical correction Section 615(h)(8)(A) of the Fair Credit Reporting Act ( 15 U.S.C. 1681m(h)(8)(A) ) is amended by striking this section and inserting this subsection .

https://www.govinfo.gov/content/pkg/BILLS-113hr1002ih/xml/BILLS-113hr1002ih.xml

113-hr-1003

I 113th CONGRESS 1st Session H. R. 1003 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Conaway (for himself, Mr. David Scott of Georgia , Mr. Jordan , Mr. McHenry , and Mr. Garrett ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To improve consideration by the Commodity Futures Trading Commission of the costs and benefits of its regulations and orders. 1. Consideration by the Commodity Futures Trading Commission of the costs and benefits of its regulations and orders Section 15(a) of the Commodity Exchange Act ( 7 U.S.C. 19(a) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) In general Before promulgating a regulation under this Act or issuing an order (except as provided in paragraph (3)), the Commission, through the Office of the Chief Economist, shall assess the costs and benefits, both qualitative and quantitative, of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation justify the costs of the intended regulation (recognizing that some benefits and costs are difficult to quantify). It must measure, and seek to improve, the actual results of regulatory requirements. (2) Considerations In making a reasoned determination of the costs and the benefits, the Commission shall evaluate— (A) considerations of protection of market participants and the public; (B) considerations of the efficiency, competitiveness, and financial integrity of futures and swaps markets; (C) considerations of the impact on market liquidity in the futures and swaps markets; (D) considerations of price discovery; (E) considerations of sound risk management practices; (F) available alternatives to direct regulation; (G) the degree and nature of the risks posed by various activities within the scope of its jurisdiction; (H) whether, consistent with obtaining regulatory objectives, the regulation is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations; (I) whether the regulation is inconsistent, incompatible, or duplicative of other Federal regulations; (J) whether, in choosing among alternative regulatory approaches, those approaches maximize net benefits (including potential economic, environmental, and other benefits, distributive impacts, and equity); and (K) other public interest considerations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1003ih/xml/BILLS-113hr1003ih.xml

113-hr-1004

I 113th CONGRESS 1st Session H. R. 1004 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Garamendi (for himself, Mr. George Miller of California , Mr. Thompson of California , Ms. Matsui , and Mr. McNerney ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Sacramento-San Joaquin Delta National Heritage Area. 1. Short title This Act may be cited as the Sacramento-San Joaquin Delta National Heritage Area Establishment Act . 2. Definitions In this Act: (1) Heritage Area The term Heritage Area means the Sacramento-San Joaquin Delta Heritage Area established by section 3(a). (2) Heritage Area management plan The term Heritage Area management plan means the plan developed and adopted by the management entity under this Act. (3) Management entity The term management entity means the management entity for the Heritage Area designated by section 3(d). (4) Secretary The term Secretary means the Secretary of the Interior. (5) State The term State means the State of California. 3. Sacramento-San Joaquin Delta Heritage Area (a) Establishment There is established the Sacramento-San Joaquin Delta Heritage Area in the State. (b) Boundaries The boundaries of the Heritage Area shall be in the counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo in the State of California, as generally depicted on the map entitled Sacramento-San Joaquin Delta National Heritage Area Proposed Boundary , numbered T27/105,030, and dated September 2010. (c) Availability of map The map described in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service and the Delta Protection Commission. (d) Management entity The management entity for the Heritage Area shall be the Delta Protection Commission established by section 29735 of the California Public Resources Code. (e) Administration (1) Authorities For purposes of carrying out the Heritage Area management plan, the Secretary, acting through the management entity, may use amounts made available under this Act to— (A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (D) obtain money or services from any source including any that are provided under any other Federal law or program; (E) contract for goods or services; and (F) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved Heritage Area management plan. (2) Duties The management entity shall— (A) in accordance with subsection (f), prepare and submit a Heritage Area management plan to the Secretary; (B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved Heritage Area management plan by— (i) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (iii) developing recreational and educational opportunities in the Heritage Area; (iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the Heritage Area management plan; (D) conduct meetings open to the public at least semiannually regarding the development and implementation of the Heritage Area management plan; (E) for any year that Federal funds have been received under this Act— (i) submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made); (ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (F) encourage by appropriate means economic viability that is consistent with the Heritage Area. (3) Prohibition on the Acquisition of Real Property The management entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. (4) Cost-sharing requirement The Federal share of the cost of any activity carried out using any assistance made available under this Act shall be 50 percent. (f) Heritage area management plan (1) In general Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a proposed Heritage Area management plan. (2) Requirements The Heritage Area management plan shall— (A) incorporate an integrated and cooperative approach to agricultural resources and activities, flood protection facilities, and other public infrastructure; (B) emphasize the importance of the resources described in subparagraph (A); (C) take into consideration State and local plans; (D) include— (i) an inventory of— (I) the resources located in the core area described in subsection (b); and (II) any other property in the core area that— (aa) is related to the themes of the Heritage Area; and (bb) should be preserved, restored, managed, or maintained because of the significance of the property; (ii) comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (iii) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (iv) a program of implementation for the Heritage Area management plan by the management entity that includes a description of— (I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (II) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation; (v) the identification of sources of funding for carrying out the Heritage Area management plan; (vi) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and (vii) an interpretive plan for the Heritage Area; and (E) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (3) Restrictions The Heritage Area management plan submitted under this subsection shall— (A) ensure participation by appropriate Federal, State, tribal, and local agencies, including the Delta Stewardship Council, special districts, natural and historical resource protection and agricultural organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; and (B) not be approved until the Secretary has received certification from the Delta Protection Commission that the Delta Stewardship Council has reviewed the Heritage Area management plan for consistency with the plan adopted by the Delta Stewardship Council pursuant to State law. (4) Deadline If a proposed Heritage Area management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this Act until the date that the Secretary receives and approves the Heritage Area management plan. (5) Approval or disapproval of heritage area management plan (A) In general Not later than 180 days after the date of receipt of the Heritage Area management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the Heritage Area management plan. (B) Criteria for approval In determining whether to approve the Heritage Area management plan, the Secretary shall consider whether— (i) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (ii) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the Heritage Area management plan; and (iii) the resource protection and interpretation strategies contained in the Heritage Area management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (C) Action following disapproval If the Secretary disapproves the Heritage Area management plan under subparagraph (A), the Secretary shall— (i) advise the management entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the Heritage Area management plan; and (iii) not later than 180 days after the receipt of any proposed revision of the Heritage Area management plan from the management entity, approve or disapprove the proposed revision. (D) Amendments (i) In general The Secretary shall approve or disapprove each amendment to the Heritage Area management plan that the Secretary determines make a substantial change to the Heritage Area management plan. (ii) Use of funds The management entity shall not use Federal funds authorized by this Act to carry out any amendments to the Heritage Area management plan until the Secretary has approved the amendments. (g) Relationship to other Federal agencies (1) In General Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (2) Consultation and Coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable. (3) Other Federal Agencies Nothing in this Act— (A) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (h) Private property and regulatory protections (1) In general Subject to paragraph (2), nothing in this Act— (A) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (B) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (C) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity; (D) authorizes or implies the reservation or appropriation of water or water rights; (E) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (F) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. (2) Opt out An owner of private property within the Heritage Area may opt out of participating in any plan, project, program, or activity carried out within the Heritage Area under this Act, if the property owner provides written notice to the management entity. (i) Evaluation; report (1) In general Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report in accordance with paragraph (3). (2) Evaluation An evaluation conducted under paragraph (1)(A) shall— (A) assess the progress of the management entity with respect to— (i) accomplishing the purposes of this Act for the Heritage Area; and (ii) achieving the goals and objectives of the approved Heritage Area management plan; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) Report (A) In general Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B) Required analysis If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) Submission to congress On completion of the report, the Secretary shall submit the report to— (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (j) Effect of designation Nothing in this Act— (1) precludes the management entity from using Federal funds made available under other laws for the purposes for which those funds were authorized; or (2) affects any water rights or contracts. 4. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Cost-Sharing requirement The Federal share of the total cost of any activity under this Act shall be determined by the Secretary, but shall be not more than 50 percent. (c) Non-Federal share The non-Federal share of the total cost of any activity under this Act may be in the form of in-kind contributions of goods or services. 5. Termination of authority (a) In general If a proposed Heritage Area management plan has not been submitted to the Secretary by the date that is 5 years after the date of enactment of this Act, the Heritage Area designation shall be rescinded. (b) Funding authority The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1004ih/xml/BILLS-113hr1004ih.xml

113-hr-1005

I 113th CONGRESS 1st Session H. R. 1005 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Graves of Georgia (for himself, Mr. Westmoreland , Mr. Duncan of South Carolina , and Mr. Collins of Georgia ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Education and the Workforce , the Judiciary , Natural Resources , 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 deauthorize appropriation of funds, and to rescind unobligated appropriations, to carry out the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. 1. Short title This Act may be cited as the Defund Obamacare Act . 2. Deauthorization of appropriations to carry out PPACA and HCERA Notwithstanding any other provision of law, no funds are authorized to be appropriated to carry out the provisions of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), and any amendment made by either such Act. 3. Rescission of unobligated appropriations under PPACA and HCERA Of the funds made available under any provision of the Patient Protection and Affordable Care Act (Public Law 111–148), the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), and any amendment made by either such Act, the unobligated balance is rescinded.

https://www.govinfo.gov/content/pkg/BILLS-113hr1005ih/xml/BILLS-113hr1005ih.xml

113-hr-1006

I 113th CONGRESS 1st Session H. R. 1006 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Griffith of Virginia (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 39, United States Code, to lower the maximum rate of compensation for United States Postal Service employees, and for other purposes. 1. Short title This Act may be cited as the Postal Executive Accountability Act . 2. Limits on executive pay (a) Limitation on compensation Section 1003 of title 39, United States Code, is amended— (1) in subsection (a), by striking the last sentence; and (2) by adding at the end the following: (e) (1) Subject to paragraph (2), an officer or employee of the Postal Service may not be paid at a rate of basic pay that exceeds the rate of basic pay for level II of the Executive Schedule under section 5312 of title 5. (2) Not more than 6 officers or employees of the Postal Service that are in very senior executive positions, as determined by the Board of Governors, may be paid at a rate of basic pay that does not exceed the rate of basic pay for level I of the Executive Schedule under section 5312 of title 5. (3) For any fiscal year, an officer or employee of the Postal Service who is in a very senior executive position, as designated under paragraph (2), may not receive fringe benefits (within the meaning given that term under section 1005(f)) that are greater than the fringe benefits received by supervisory and other managerial personnel who are not subject to collective-bargaining agreements under chapter 12. . (b) Limitation on bonuses Section 3686 of title 39, United States Code, is amended as follows: (1) In subsection (a), by adding at the end the following: Notwithstanding the authority granted under this section and except as provided under section 1003(e), no officer or employee of the Postal Service shall be paid compensation at a rate in excess of the rate for level II of the Executive Schedule under section 5312 of title 5. . (2) Subsections (b) and (c) are repealed. (3) In subsection (d)— (A) in paragraph (1)— (i) by striking which would not have been allowable but for the provisions of subsection (b) or (c); ; and (ii) by adding and at the end; (B) in paragraph (2), by striking ; and and inserting a period; and (C) by striking paragraph (3).

https://www.govinfo.gov/content/pkg/BILLS-113hr1006ih/xml/BILLS-113hr1006ih.xml

113-hr-1007

I 113th CONGRESS 1st Session H. R. 1007 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Grimm (for himself and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend part D of title V of the Elementary and Secondary Education Act of 1965 to provide grants to schools for the development of asthma management plans and the purchase of asthma medications and devices for emergency use, as necessary. 1. Short title This Act may be cited as the Asthma Management Plans in School Act . 2. Asthma management plans (a) Amendment Part D of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7241 et seq. ) is amended by adding at the end the following: 22 Asthma Management Plans 5621. Asthma management plans (a) Grants Authorized (1) In general The Secretary is authorized to award a grant to a school that receives funding under part A of title I and is located in an area that the Secretary determines has a high prevalence of asthma (using such indicators as emergency department visits due to asthma, asthma hospitalization rates, or the Behavioral Risk Factor Surveillance System), to enable the school to— (A) develop and implement an asthma management plan; and (B) purchase asthma inhalers, nebulizer machines, valved holding chambers (VHCs), spacers, and auto-injectable epinephrine and appropriate supplies determined necessary by the Secretary, for students, so that every student served by the school who suffers from asthma has access to the relief and treatment the student needs during the school day. (2) Alternative grantees The Secretary may award a grant under this section to a local health or education department to carry out the activities described in this section if the Secretary determines that in such local area such department is the entity that would routinely carry out such activities. (b) Application A school or department that desires to receive a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Secretary may require. (c) Use of grant funds A school or department that receives a grant under this section shall develop and implement a comprehensive school asthma management plan, and may purchase asthma inhalers, nebulizer machines, valved holding chambers (VHCs), spacers, and auto-injectable epinephrine for emergency use, for students served by the school or department, as needed, as well as devices that measure pulmonary function or asthma education tools, or both. Such management plan shall include the following: (1) A method to identify all students with a diagnosis of asthma. (2) An asthma action plan for each student with a diagnosis of asthma, developed in coordination with the family, primary care provider, and others as necessary. (3) Asthma education for all school staff. (4) Access to medication and to methods to administer medication, for all students served by the school or department who have asthma, based on the student's prescription and individual needs. (5) Asthma medication and emergency policies that are specific to the school. (6) Protocols and training to support clinical management of acute symptoms of asthma and ongoing management of asthma. (7) A system to support ongoing coordination of asthma care with the family, the primary care provider, and others as necessary. (8) A method to monitor the quality and outcomes of the care provided to each student served by the school or department who has asthma, including how often treatment is needed and what treatment the students receives. (d) Grant recipient actions A school or department that receives a grant under this section shall— (1) utilize existing systems, when possible, including the use of forms developed in accordance with section 504 forms of the Rehabilitation Act of 1973 ( 20 U.S.C. 794 ); (2) find innovative ways— (A) to encourage bidirectional communication between schools and students' physicians in a rapid manner; and (B) to encourage students and their families to ensure continued adherence to asthma treatment by students; and (3) ensure that a nurse or another individual who is trained to administer emergency asthma care is on staff. . (b) Table of contents The table of contents in section 2 of such Act is amended by inserting after the item relating to section 5618 the following: SUBPART 22—Asthma Management Plans Sec. 5621. Asthma management plans. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1007ih/xml/BILLS-113hr1007ih.xml

113-hr-1008

I 113th CONGRESS 1st Session H. R. 1008 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Hoyer (for himself, Mr. King of New York , Mr. Van Hollen , Ms. DeLauro , Mr. Kennedy , Mr. Scott of Virginia , Ms. Lee of California , Mr. Carney , Ms. Norton , Ms. Bordallo , Mr. Cicilline , Mr. Langevin , Mr. Lewis , Mr. Carson of Indiana , Mr. Lynch , Mr. Capuano , Mr. Danny K. Davis of Illinois , Mr. Loebsack , Ms. Speier , Mr. Israel , Mr. Cohen , Ms. Hahn , Ms. Schwartz , Mr. Larson of Connecticut , Mr. Young of Alaska , Mrs. Carolyn B. Maloney of New York , Mr. Conyers , Ms. Shea-Porter , Ms. Edwards , Mr. Markey , Mr. Nadler , Mr. Keating , Mr. Doyle , Mr. Schneider , Ms. Wilson of Florida , Mr. Lowenthal , Ms. Clarke , Ms. Bonamici , Mrs. Kirkpatrick , Mr. Rush , Ms. Brownley of California , Ms. Slaughter , Mr. Pocan , and Mr. Webster of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Foreign Affairs and 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 reauthorize the Special Olympics Sport and Empowerment Act of 2004, to provide assistance to Best Buddies to support the expansion and development of mentoring programs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Eunice Kennedy Shriver Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Reauthorization of Special Olympics Act Sec. 101. Reauthorization. Title II—Best Buddies Sec. 201. Findings and purpose. Sec. 202. Assistance for Best Buddies. Sec. 203. Application and annual report. Sec. 204. Authorization of appropriations. I Reauthorization of Special Olympics Act 101. Reauthorization Sections 2 through 5 of the Special Olympics Sport and Empowerment Act of 2004 ( 42 U.S.C. 15001 note) are amended to read as follows: 2. Findings and purpose (a) Findings Congress finds the following: (1) Special Olympics creates the possibilities of a world where everybody matters, everybody counts, and every person contributes. (2) The Government and the people of the United States recognize the dignity and value the giftedness of children and adults with intellectual disabilities. (3) The Government and the people of the United States recognize that children and adults with intellectual disabilities experience significant health disparities, including lack of access to primary care services and difficulties in accessing community-based prevention and treatment programs for chronic diseases. (4) The Government and the people of the United States are determined to end the isolation and stigmatization of people with intellectual disabilities, and to ensure that such people are assured of equal opportunities for community participation, access to appropriate health care, and inclusive education, and to experience life in a nondiscriminatory manner. (5) For more than 40 years, Special Olympics has encouraged skill development, sharing, courage, and confidence through year-round sports training and athletic competition for children and adults with intellectual disabilities. (6) Special Olympics provides year-round sports training and competitive opportunities to more than 4,200,000 athletes with intellectual disabilities in 30 individual and team sports and plans to expand the benefits of participation through sport to more than a million additional people with intellectual disabilities within the United States and worldwide over the next 5 years. (7) Research shows that participation in activities involving both people with intellectual disabilities and people without disabilities results in more positive support for inclusion in society, including in schools. (8) Special Olympics has demonstrated its ability to provide a major positive effect on the quality of life of people with intellectual disabilities, improving their health and physical well-being, building their confidence and self-esteem, and giving them a voice to become active and productive members of their communities. In the United States, for example, adults with intellectual disabilities who have participated in Special Olympics have a 100 percent greater chance of being employed than adults with intellectual disabilities who have not. (9) In society as a whole, Special Olympics has become a vehicle and platform for reducing prejudice, improving public health, promoting inclusion efforts in schools and communities, and encouraging society to value the contributions of all members. (10) The Government of the United States enthusiastically supports the Special Olympics movement, recognizes its importance in improving the lives of people with intellectual disabilities and their families, and recognizes Special Olympics as a valued and important component of the global community. (b) Purpose The purposes of this Act are to— (1) provide support to Special Olympics to increase athlete participation in, and public awareness about, the Special Olympics movement, including efforts to promote broader community inclusion; (2) dispel negative stereotypes and establish positive attitudes about people with intellectual disabilities; (3) build community engagement through sport and related activities; and (4) promote the extraordinary gifts and contributions of people with intellectual disabilities. 3. Assistance for Special Olympics (a) Education activities The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out each of the following: (1) Activities to promote the expansion of Special Olympics, including activities to increase the full participation of people with intellectual disabilities in athletics, sports and recreation, and other inclusive school and community activities with people without disabilities. (2) The design and implementation of Special Olympics education programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and community settings, and are consistent with academic content standards. (b) International activities The Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs, may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out each of the following: (1) Activities to increase the participation of people with intellectual disabilities in Special Olympics outside of the United States. (2) Activities to improve the awareness outside of the United States of the abilities of people with intellectual disabilities and the unique contributions that people with intellectual disabilities can make to society, and to promote active support programs for sports programs for people with intellectual disabilities. (c) Healthy athletes (1) In general The Secretary of Health and Human Services may award grants to, or enter into contracts or cooperative agreements with, Special Olympics for the implementation of on-site health assessments, screening for health problems, health education, community-based prevention, data collection, and referrals to direct health care services. (2) Coordination Activities under paragraph (1) shall be coordinated with appropriate health care entities, including private health care providers, entities carrying out local, State, Federal, or international programs, and the Department of Health and Human Services, as applicable. (d) Limitation Amounts appropriated to carry out this section shall not be used for direct treatment of diseases, medical conditions, or mental health conditions. Nothing in the preceding sentence shall be construed to limit the use of non-Federal funds by Special Olympics. 4. Application and annual report (a) Application (1) In general To be eligible for a grant, contract, or cooperative agreement under subsection (a), (b), or (c) of section 3, Special Olympics shall submit an application at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content At a minimum, an application under this subsection shall contain each of the following: (A) Activities A description of activities to be carried out with the grant, contract, or cooperative agreement. (B) Measurable goals A description of specific measurable annual benchmarks and long-term goals and objectives to be achieved through specified activities carried out with the grant, contract, or cooperative agreement, which specified activities shall include, at a minimum, each of the following activities: (i) Activities to increase the full participation of people with intellectual disabilities in athletics, sports and recreation, and other inclusive school and community activities with people without disabilities. (ii) Education programs that dispel negative stereotypes about people with intellectual disabilities. (iii) Activities to increase the participation of people with intellectual disabilities in Special Olympics outside of the United States and promote volunteerism on behalf of such activities. (iv) Health-related activities as described in section 3(c). (b) Annual report (1) In general As a condition on receipt of any funds for a program under subsection (a), (b), or (c) of section 3, Special Olympics shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content At a minimum, each annual report under this subsection shall describe— (A) the degree to which progress has been made toward meeting the annual benchmarks and long-term goals and objectives described in the applications submitted under subsection (a); and (B) demographic data about Special Olympics participants, including the number of people with intellectual disabilities served in each program referred to in paragraph (1). 5. Authorization of appropriations There are authorized to be appropriated— (1) for grants, contracts, or cooperative agreements under section 3(a), $9,500,000 for fiscal year 2014, and such sums as may be necessary for each of the 4 succeeding fiscal years; (2) for grants, contracts, or cooperative agreements under section 3(b), $4,500,000 for fiscal year 2014, and such sums as may be necessary for each of the 4 succeeding fiscal years; and (3) for grants, contracts, or cooperative agreements under section 3(c), $8,500,000 for fiscal year 2014, and such sums as may be necessary for each of the 4 succeeding fiscal years. . II Best Buddies 201. Findings and purpose (a) Findings Congress finds the following: (1) Best Buddies operates the first national social and recreational program in the United States for people with intellectual disabilities. (2) Best Buddies is dedicated to helping people with intellectual disabilities become part of mainstream society. (3) Best Buddies is determined to end social isolation for people with intellectual disabilities by promoting meaningful friendships between them and their typical peers in order to help increase the self-esteem, confidence, and abilities of people with and without intellectual disabilities. (4) Since 1989, Best Buddies has enhanced the lives of people with intellectual disabilities by providing opportunities for 1-to-1 friendships and integrated employment. (5) Best Buddies is an international organization spanning 1,500 middle school, high school, and college campuses. (6) Best Buddies implements programs that will positively impact more than 700,000 individuals in 2013. (7) The Best Buddies Middle Schools program matches middle school students with intellectual disabilities with other middle school students and supports 1-to-1 friendships between them. (8) The Best Buddies High Schools program matches high school students with intellectual disabilities with other high school students and supports 1-to-1 friendships between them. (9) The Best Buddies Colleges program matches adults with intellectual disabilities with college students and creates 1-to-1 friendships between them. (10) The Best Buddies e-Buddies program supports e-mail friendships between people with and without intellectual disabilities. (11) The Best Buddies Citizens program pairs adults with intellectual disabilities in 1-to-1 friendships with other people in the corporate and civic communities. (12) The Best Buddies Jobs program promotes the integration of people with intellectual disabilities into the community through supported employment. (13) The Best Buddies Ambassadors program educates and empowers people with intellectual disabilities to be leaders and public speakers in their schools, communities, and workplaces. Best Buddies Ambassadors prepares people with intellectual disabilities to become active agents of change. (14) Best Buddies Promoters empowers youth to become advocates for people with intellectual disabilities. Students who take part in Best Buddies Promoters are introduced to the disability rights movement and the importance of inclusion through local awareness events. (b) Purpose The purposes of this title are to— (1) provide support to Best Buddies to increase participation in and public awareness about Best Buddies programs that serve people with intellectual disabilities; (2) dispel negative stereotypes about people with intellectual disabilities; and (3) promote the extraordinary contributions of people with intellectual disabilities. 202. Assistance for Best Buddies (a) Education activities The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Best Buddies to carry out activities to promote the expansion of Best Buddies, including activities to increase the participation of people with intellectual disabilities in social relationships and other aspects of community life, including education and employment, within the United States. (b) Limitations Amounts appropriated to carry out this title may not be used for direct treatment of diseases, medical conditions, or mental health conditions. (c) Rule of construction Nothing in this title shall be construed to limit the use of non-Federal funds by Best Buddies. 203. Application and annual report (a) Application (1) In general To be eligible for a grant, contract, or cooperative agreement under section 202(a), Best Buddies shall submit an application at such time, in such manner, and containing such information as the Secretary of Education may require. (2) Content At a minimum, an application under this subsection shall contain the following: (A) A description of activities to be carried out under the grant, contract, or cooperative agreement. (B) Information on specific measurable goals and objectives to be achieved through activities carried out under the grant, contract, or cooperative agreement. (b) Annual report (1) In general As a condition of receipt of any funds under section 202(a), Best Buddies shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education may require. (2) Content At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the specific measurable goals and objectives described in the applications submitted under subsection (a). 204. Authorization of appropriations There are authorized to be appropriated to the Secretary of Education for grants, contracts, or cooperative agreements under section 202(a), $4,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 4 succeeding fiscal years.

https://www.govinfo.gov/content/pkg/BILLS-113hr1008ih/xml/BILLS-113hr1008ih.xml

113-hr-1009

I 113th CONGRESS 1st Session H. R. 1009 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. King of New York (for himself, Mr. Pascrell , Mr. Andrews , Mr. Bishop of New York , Mr. Brady of Pennsylvania , Mr. Courtney , Mr. Fitzpatrick , Mr. Grimm , Mr. Hanna , Mr. Israel , Mr. Michaud , Mr. Owens , and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 amend the Internal Revenue Code of 1986 to provide recruitment and retention incentives for volunteer emergency service workers. 1. Short title This Act may be cited as the Volunteer Emergency Services Recruitment and Retention Act of 2013 . 2. Elective treatment of length of service award programs as eligible deferred compensation plans (a) In general Subsection (e) of section 457 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (19) Special rules applicable to length of service award plans (A) In general The term eligible deferred compensation plan shall include, at the election of its sponsor, any length of service award plan. Any such election shall be irrevocable. In the case of a length of service award plan whose sponsor has elected to have such plan treated as an eligible deferred compensation plan, such plan shall be administered in a manner consistent with the requirements of this section and such sponsor shall be treated as an eligible employer described in paragraph (1)(A). (B) Length of service award plan For purposes of this paragraph— (i) In general The term length of service award plan means any plan paying solely length of service awards to bona fide volunteers (or their beneficiaries) on account of qualified services performed by such volunteers. (ii) Bona fide volunteer An individual shall be treated as a bona fide volunteer if the only compensation received by such individual for performing qualified services is in the form of— (I) reimbursement for (or a reasonable allowance for) reasonable expenses incurred in the performance of such services, or (II) reasonable benefits (including length of service awards), and fees for such services, customarily paid by eligible employers in connection with the performance of such services by volunteers. (iii) Qualified services The term qualified services means fire fighting and prevention services, emergency medical services, ambulance services, and emergency rescue services. (C) Maximum deferral amount In the case of a length of service award plan whose sponsor has elected to have such plan treated as an eligible deferred compensation plan, subsection (b)(2) shall be applied by striking the lesser of— and all that follows and inserting the applicable dollar amount, . (D) Distribution requirements In the case of a length of service award plan whose sponsor has elected to have such plan treated as an eligible deferred compensation plan, subsection (d)(1)(A)(ii) shall be applied by deeming a severance from employment to have occurred at the later of— (i) the payment date under the terms of the plan, or (ii) the date on which the plan participant ceases to perform qualified services. (E) Limitation on accruals (i) In general In the case of a length of service award plan that is a defined benefit plan (as defined in section 414(j)) whose sponsor has not elected to have such plan treated as an eligible deferred compensation plan, such plan shall be treated as not providing for the deferral of compensation if the aggregate amount of length of service awards accruing with respect to any year of service for any bona fide volunteer does not exceed $5,500. In the case of a length of service award plan described in the preceding sentence that is a defined benefit plan (as defined in section 414(j)), the limitation on the annual deferral shall apply to the actuarial present value of the aggregate amount of length of service awards accruing with respect to any year of service. Such actuarial present value shall be calculated using reasonable actuarial assumptions and methods assuming payment shall be made under the most valuable form of payment of the length of service award under the program with payment commencing at the later of the earliest age at which unreduced benefits are payable under the program or the participant’s current age. (ii) Cost-of-living adjustment In the case of taxable years beginning after December 31, 2012, the Secretary shall adjust the $5,500 amount under clause (i) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter beginning July 1, 2011, and any increase under this paragraph that is not a multiple of $500 shall be rounded to the next lowest multiple of $500. . (b) Conforming amendments (1) Paragraph (11) of section 457(e) of such Code is amended to read as follows: (11) Certain plans excluded Any bona fide vacation leave, sick leave, compensatory time, severance pay, disability pay, or death benefit plan shall be treated as not providing for the deferral of compensation. . (2) Section 3121(a)(5)(I) of such Code is amended by striking section 457(e)(11)(A)(ii) and inserting section 457(e)(19) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Exemption of length of service award programs from the Employee Retirement Income Security Act of 1974 The Secretary of Labor shall issue guidance clarifying that a length of service award program described in section 457(e)(19) of the Internal Revenue Code of 1986 is not an employee pension benefit plan under section 3(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(2) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr1009ih/xml/BILLS-113hr1009ih.xml

113-hr-1010

I 113th CONGRESS 1st Session H. R. 1010 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. George Miller of California (for himself, Mr. Andrews , Mr. Barber , Ms. Bass , Mrs. Beatty , Mr. Becerra , Mr. Bishop of New York , Mr. Blumenauer , Ms. Bonamici , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Ms. Brownley of California , Ms. Brown of Florida , Mr. Butterfield , Mrs. Capps , Mr. Capuano , Mr. Cárdenas , Ms. Castor of Florida , Ms. Chu , Mrs. Christensen , Mr. Cicilline , Ms. Clarke , Mr. Clay , Mr. Cleaver , Mr. Clyburn , Mr. Cohen , Mr. Conyers , Mr. Courtney , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mrs. Davis of California , Mr. DeFazio , Ms. DeGette , Ms. DeLauro , Mr. Deutch , Mr. Dingell , Mr. Doyle , Ms. Edwards , Mr. Ellison , Mr. Engel , Ms. Eshoo , Mr. Enyart , Ms. Esty , Mr. Farr , Mr. Fattah , Ms. Fudge , Mr. Garamendi , Mr. Grayson , Mr. Al Green of Texas , Mr. Gene Green of Texas , Mr. Grijalva , Mr. Gutierrez , Ms. Hahn , Mr. Hastings of Florida , Mr. Higgins , Mr. Hinojosa , Mr. Holt , Mr. Honda , Mr. Huffman , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Ms. Kaptur , Mr. Keating , Mr. Kennedy , Mr. Kildee , Mr. Langevin , Mr. Larson of Connecticut , Ms. Lee of California , Mr. Levin , Mr. Lewis , Mr. Loebsack , Ms. Lofgren , Mr. Lowenthal , Ms. Michelle Lujan Grisham of New Mexico , Mr. Lynch , Mrs. Carolyn B. Maloney of New York , Mr. Markey , Ms. Matsui , Mrs. McCarthy of New York , Ms. McCollum , Mr. McDermott , Mr. McGovern , Mr. McNerney , Ms. Moore , Mr. Moran , Mr. Nadler , Mrs. Napolitano , Mr. Neal , Mrs. Negrete McLeod , Mr. Nolan , Ms. Norton , Mr. Pallone , Mr. Pascrell , Mr. Pastor of Arizona , Mr. Payne , Mr. Peters of Michigan , Ms. Pingree of Maine , Mr. Pocan , Mr. Rangel , Ms. Roybal-Allard , Mr. Rush , Mr. Ryan of Ohio , Mr. Sablan , Ms. Linda T. Sánchez of California , Ms. Loretta Sanchez of California , Mr. Sarbanes , Ms. Schakowsky , Mr. Schiff , Mr. Scott of Virginia , Mr. Serrano , Ms. Sewell of Alabama , Mr. Sherman , Ms. Slaughter , Mr. Sires , Ms. Speier , Mr. Swalwell of California , Mr. Takano , Mr. Thompson of California , Mr. Tierney , Mr. Tonko , Ms. Tsongas , Ms. Velázquez , Mr. Van Hollen , Mr. Vargas , Mr. Visclosky , Mr. Veasey , Mr. Walz , Ms. Waters , Mr. Waxman , Mr. Welch , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for an increase in the Federal minimum wage. 1. Short title This Act may be cited as the Fair Minimum Wage Act of 2013 . 2. Minimum wage increases (a) Minimum wage (1) In general Section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended to read as follows: (1) except as otherwise provided in this section, not less than— (A) $8.20 an hour, beginning on the first day of the third month that begins after the date of enactment of the Fair Minimum Wage Act of 2013 Act; (B) $9.15 an hour, beginning 1 year after that first day; (C) $10.10 an hour, beginning 2 years after that first day; and (D) beginning on the date that is 3 years after that first day, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h); . (2) Determination based on increase in the consumer price index Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended by adding at the end the following: (h) (1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(D) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period. The wage determined pursuant to this subsection for a year shall be— (A) not less than the amount in effect under subsection (a)(1) on the date of such determination; (B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and (C) rounded to the nearest multiple of $0.05. (2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively. . (b) Base minimum wage for tipped employees Section 3(m)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(1) ) is amended to read as follows: (1) the cash wage paid such employee, which for purposes of such determination shall be not less than— (A) for the 1-year period beginning on the first day of the third month that begins after the date of enactment of the Fair Minimum Wage Act of 2013 , $3.00 an hour; (B) for each succeeding 1-year period until the hourly wage under this paragraph equals 70 percent of the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of— (i) $0.95; or (ii) the amount necessary for the wage in effect under this paragraph to equal 70 percent of the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and (C) for each succeeding 1-year period after the year in which the hourly wage under this paragraph first equals 70 percent of the wage in effect under section 6(a)(1) for the same period, the amount necessary to ensure that the wage in effect under this paragraph remains equal to 70 percent of the wage in effect under section 6(a)(1), rounded to the nearest multiple of $0.05; and . (c) Publication of notice Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) ( 29 U.S.C. 206 ) is further amended by adding at the end the following: (i) Not later than 60 days prior to the effective date of any increase in the minimum wage determined under subsection (h) or required for tipped employees in accordance with subparagraph (B) or (C) of section 3(m)(1), as amended by the Fair Minimum Wage Act of 2013 , the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing the adjusted required wage. . (d) Effective date The amendments made by subsections (a) and (b) shall take effect on the first day of the third month that begins after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1010ih/xml/BILLS-113hr1010ih.xml

113-hr-1011

I 113th CONGRESS 1st Session H. R. 1011 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. LoBiondo (for himself, Mr. Lance , Mr. Smith of New Jersey , and Mr. Frelinghuysen ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit the Secretary of the Interior from issuing oil and gas leases on portions of the Outer Continental Shelf located off the coast of New Jersey. 1. Prohibition on oil and gas leasing off the coast of New Jersey (a) Prohibition The Secretary of the Interior shall not issue a lease, permit, or license for the exploration for or extraction of oil or gas on or from submerged lands described in subsection (b). (b) Lands described The submerged lands with respect to which subsection (a) applies are all submerged lands seaward from the landward boundary of the Outer Continental Shelf that lie within 125 miles of any point of the coast line of the State of New Jersey.

https://www.govinfo.gov/content/pkg/BILLS-113hr1011ih/xml/BILLS-113hr1011ih.xml

113-hr-1012

I 113th CONGRESS 1st Session H. R. 1012 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Markey (for himself, Mr. Jones , Mr. Bonner , Mrs. Capps , Mr. Tierney , and Mr. Keating ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Agriculture , Natural Resources , 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 strengthen Federal consumer protection and product traceability with respect to commercially marketed seafood, and for other purposes. 1. Short title This Act may be cited as the Safety And Fraud Enforcement for Seafood Act . 2. Seafood safety (a) Interagency agreement Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce and the Secretary of Health and Human Services shall execute a memorandum of understanding to improve interagency cooperation on seafood safety and seafood fraud prevention, building upon any agreement under section 421(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350j(c)), or any other prior agreement. The memorandum shall include provisions, performance metrics, and timelines as appropriate to improve such cooperation (acting under provisions of law other than this subsection) to— (1) identify and execute specific procedures for using authorities granted under the FDA Food Safety Modernization Act ( Public Law 111–353 ) to ensure and improve the safety of commercially marketed seafood in the United States; (2) maximize the effectiveness of limited personnel and resources by ensuring that— (A) inspections of seafood shipments and seafood processing and production facilities by the National Oceanic and Atmospheric Administration and the Food and Drug Administration are not duplicative; and (B) information resulting from examinations, testing, and inspections conducted by the Department of Commerce is considered in making risk-based determinations, including the establishment of inspection priorities for domestic and foreign facilities and the examination and testing of domestic and imported seafood; (3) create a process— (A) by which data collected by all seafood inspectors and authorized officers of the National Oceanic and Atmospheric Administration authorized to conduct inspections of seafood shipments, or inspections of facilities that process or sell seafood, will be utilized by the Food and Drug Administration beginning no later than one year after the enactment of this Act; (B) by which data collected by either of these agencies is shared to maximize efficiency and enforcement of seafood safety efforts; and (C) which may include increased training of National Oceanic and Atmospheric Administration agents through the existing Food and Drug Administration programs; (4) create a process by which— (A) data collected by inspectors and officers of other Federal, State, or local agencies authorized to conduct inspections of seafood, or inspections of facilities that process or sell seafood, will be utilized by the Food and Drug Administration; and (B) data collected by these inspectors and officials is shared with the National Oceanic and Atmospheric Administration and the Food and Drug Administration to maximize efficiency and enforcement of seafood safety efforts; and (5) ensure that the National Oceanic and Atmospheric Administration's Seafood Inspection Program is fully utilized as a third-party auditor pursuant to section 808 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 384d ) to inspect imported seafood or seafood offered for import originating from any country or exporter. (b) Coordination (1) National sea grant college program The Administrator of the National Oceanic and Atmospheric Administration shall ensure that the Administration’s seafood inspection activities are coordinated with the national sea grant college program to provide outreach to the States, consumers, and the seafood industry on seafood safety. (2) Inspecting to prevent seafood fraud The Secretary of Commerce and the Secretary of Health and Human Services shall, to the maximum extent practicable, ensure that inspections and tests for seafood safety also collect information for seafood fraud prevention. (c) List of offenders The Secretary of Health and Human Services, in consultation with the Secretary of Commerce, shall develop, maintain, and post on the public Web site of the Department of Health and Human Services a list that— (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) for each such exporter, tracks the timing, type, and frequency of violations of Federal law relating to seafood safety. (d) Impact on existing food safety authority Nothing in this section limits the authority of the Secretary of Health and Human Services to execute or enforce food safety laws, including the FDA Food Safety Modernization Act (Public Law 111–353). 3. Seafood identification (a) List of Standardized Names for Seafood (1) Update Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Commerce, shall maintain and update as appropriate its Guide to Acceptable Market Names for Seafood Sold in Interstate Commerce as a list of standardized names for identification of seafood at the distribution, marketing, and retail stages. (2) Contents The list maintained under paragraph (1) shall— (A) include scientific names, acceptable market names, and common or regional names for all seafood species distributed in interstate commerce in the United States, and indicate clearly— (i) which of those names may be used to identify seafood; and (ii) examples of names which constitute mislabeling in violation of Federal law; (B) take into account taxonomy, international law and custom, market information, and naming precedence; (C) identify names for seafood as appropriate only if the Secretary of Commerce determines the names are not likely to confuse or mislead consumers; and (D) include information regarding any consumption advisory that has been issued for the seafood. (3) Availability The list maintained under paragraph (1) shall be— (A) made available to the public on the Web sites of the Department of Health and Human Services and the Department of Commerce; and (B) updated annually based on the best available scientific and market information. (4) Public Input The Secretary of Health and Human Services shall use its existing citizen petition process in accepting petitions to amend the list maintained under paragraph (1). (b) Seafood Traceability Requirements Beginning on the date that is 180 days after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall implement the following requirements with respect to seafood imported into the United States or otherwise distributed or offered for sale in interstate commerce: (1) In addition to disclosure of the United Nations Food and Agriculture Organization Major Fishing Area, or a more specific location, in which the fish was caught, of the information required to be submitted to the Secretary of Commerce under section 303(a)(5) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(5)), at a minimum the following information shall be displayed on the packaging of, or otherwise accompany, seafood through processing, distribution, and final sale: (A) The acceptable market name and scientific name for the seafood species, as specified in the list maintained under subsection (a)(1). (B) The method of harvest of the seafood including gear type as listed in section 600.725 of title 50, Code of Federal Regulations and defined in section 600.10 of such title. (C) The date of the catch. (D) The weight or number, as appropriate, of product for an individual fish or lot. (2) If seafood has been previously frozen, treated with any substance (other than ice or water) that may affect the true weight of the seafood, or processed in a country other than that in which it was landed or harvested, by any harvester, processor, distributor, or retailer, such information shall be included in the labeling of, or otherwise accompany, the seafood through processing, distribution, and final sale. (3) If the seafood was farm-raised, that information, along with information regarding the country of cultivation, the location of the aquaculture production area, and the method of cultivation, shall be included in the labeling of, or otherwise accompany, the seafood through processing, distribution, and final sale. (4) With respect to any information required by paragraph (1) or (2) to be included in the labeling of, or otherwise accompany, seafood, an importer, processor, distributor, or retailer (including a restaurant) may satisfy such requirement by making the information available upon request— (A) to anyone purchasing the seafood; and (B) to any Federal, State, or local official authorized to conduct inspections of— (i) seafood; or (ii) any facility that processes or sells seafood. (5) No importer, processor, distributor, or retailer may be found to be in violation of the requirements under this subsection for unknowingly selling a product that was already mislabeled upon receipt, provided that the importer, processor, distributor, or retailer can provide the required product traceability documentation. (c) Refusal of admission (1) In general Subject to paragraphs (3) and (4), all seafood imported or offered for import originating from an exporter shall be refused admission if— (A) the Secretary of Commerce finds that any shipment of such seafood appears to be in violation of subsection (b); or (B) the Secretary of Health and Human Services finds that any shipment of such seafood appears to be in violation of this Act or other applicable Federal laws or regulations. (2) Import certification For any exporter whose seafood products are refused admission under paragraph (1) based on a prior shipment, the Secretary of Health and Human Services shall determine whether to require, as a condition of granting admission into the United States to an article of seafood originating from such exporter, that such seafood be accompanied by a certification or other assurance under section 801(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(q) ). (3) Allowance of individual shipments Paragraph (1) does not apply with respect to an individual shipment of seafood originating from an exporter whose products must otherwise be refused admission under such paragraph if the exporter presents evidence to the Secretary of Health and Human Services or the Secretary of Commerce from a laboratory accredited under section 422 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350k ), or other equivalent evidence, documenting that the shipment is in compliance with the provisions of subsection (b) and other applicable Federal laws or regulations prohibiting seafood fraud. (4) Termination of individual shipment screening requirement Paragraph (1) shall cease to prohibit the admission of seafood originating from an exporter based on a prior shipment if the Secretary of Health and Human Services or the Secretary of Commerce determines that— (A) each prior shipment whose appearance triggered the application of such paragraph was in fact in compliance with the provisions of subsection (b) and other applicable Federal laws or regulations, including those prohibiting seafood fraud; or (B) during the preceding 12 months, no shipment of seafood originating from the exporter has triggered the application of paragraph (1). (d) Penalties The Secretary of Commerce shall prevent any person from violating this Act, or any Act to which this section applies, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of and applicable to this Act. (e) List of offenders The Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall develop, maintain, and post on the public Web site of the Department of Commerce a list that— (1) includes, by country, each exporter whose seafood is imported or offered for import into the United States; and (2) for each such exporter, tracks the timing, type, and frequency of violations of Federal law relating to seafood fraud. (f) Inspections The Secretary of Commerce, in consultation with the Secretary of Health and Human Services, shall— (1) increase, as resources allow, the number of foreign and domestic seafood shipments that are inspected for seafood fraud by National Oceanic and Atmospheric Administration inspectors and authorized officers, including verification of compliance with the traceability requirements of subsection (b); (2) ensure that the percentage of seafood shipments inspected during a given year is not lower than the percentage inspected during the previous year; and (3) to the maximum extent practicable, ensure that inspections and tests for seafood fraud prevention also collect information to support the Secretary of Health and Human Services in implementing the seafood safety requirements of the FDA Food Safety Modernization Act ( Public Law 111–353 ). (g) Impact on existing food safety authority Nothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services to execute or enforce food safety laws or regulations that may be adopted pursuant to the FDA Food Safety Modernization Act ( Public Law 111–353 ). 4. Authority of States Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of seafood fraud in violation of subsection (b) or (c) of section 3, the State may bring a civil action on behalf of its residents to enjoin fraud, an action to recover for actual monetary loss or receive $10,000 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated this Act, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence. Nothing in this section shall preclude an individual from bringing a civil action. 5. Report to Congress Beginning 18 months after the date of the enactment of this Act, and every two years thereafter, the Secretary of Commerce and the Secretary of Health and Human Services, in consultation with the Chairman of the Federal Trade Commission and the heads of other relevant Federal agencies, shall submit jointly a report to the Congress including— (1) findings with respect to— (A) the extent and severity of violations of Federal, State, and local law relating to seafood safety and seafood fraud; and (B) the health and financial impacts of these violations on United States consumers and the United States fishing industry; (2) an analysis of the lists required to be developed and maintained under sections 2(c) and 3(e); (3) an analysis of the effectiveness of the memorandum of understanding required by section 2(a) in ensuring that the Department of Commerce and the Department of Health and Human Services work to ensure seafood safety, including an assessment of achieving identified performance metrics and timelines established to reduce duplication of effort and increase collection and integration of inspections data; (4) an assessment of the technological assets available for addressing seafood safety and fraud, including traceability, and an assessment of the technological gaps and needs that exist; (5) information related to the implementation of any agreement entered into pursuant to section 2 of this Act or section 421 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350j ); (6) detailed information on the inspection, enforcement, and consumer outreach activities, including the number of inspections, enforcement actions, consumer outreach activities, personnel, and resources utilized by the National Oceanic and Atmospheric Administration, the Food and Drug Administration, and the Federal Trade Commission to carry out this Act, including the degree of coordination of actions to address seafood safety and seafood fraud; and (7) recommendations on any additional authorities, budget, or personnel necessary to improve seafood safety and prevent seafood fraud. 6. Preemption Nothing in this Act preempts the authority of a State to establish and enforce requirements for improving seafood safety and preventing seafood fraud that are consistent with the requirements of this Act. 7. Definitions In this Act: (1) The term other applicable Federal laws and regulations means Federal statutes, regulations, and international agreements (other than this Act) pertaining to the importation, exportation, transportation, sale, harvest, processing, or trade of seafood, including the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), the FDA Food Safety Modernization Act ( Public Law 111–353 ), the Fair Packaging and Labeling Act ( 15 U.S.C. 1451 et seq. ), subtitle D of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 et seq. ), parts 60 and 65 of title 7, Code of Federal Regulations (or any successor regulations), and part 123 of title 21, Code of Federal Regulations (or any successor regulations). (2) The term seafood means fish, shellfish, and processed fish or shellfish products. (3) The term seafood fraud means the mislabeling or misrepresentation of the information required under this Act or other applicable Federal laws and regulations.

https://www.govinfo.gov/content/pkg/BILLS-113hr1012ih/xml/BILLS-113hr1012ih.xml

113-hr-1013

I 113th CONGRESS 1st Session H. R. 1013 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Messer (for himself and Mr. Mulvaney ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To make 1 percent across-the-board rescissions in discretionary spending for each of fiscal years 2013 and 2014, and for other purposes. 1. Short title This Act may be cited as the Discretionary Spending Reduction Act . 2. Across-the-board rescissions in discretionary spending for each of fiscal years 2013 and 2014 (a) Across-the-Board rescissions There is rescinded an amount equal to 1 percent of— (1) the budget authority provided (or obligation limitation imposed) in each of fiscal years 2013 and 2014 for discretionary accounts in any fiscal year 2013 or 2014 appropriation Act; (2) the budget authority provided in any advance appropriation for each of fiscal years 2013 and 2014 for discretionary accounts in any prior fiscal year appropriation Act; and (3) the contract authority provided in each of fiscal years 2013 and 2014 for any program that is subject to a limitation contained in any fiscal year 2013 or 2014 appropriation Act for discretionary accounts. (b) Application The Director of the Office of Management and Budget may apply the rescissions required under subsection (a) to any discretionary account in the applicable appropriation Acts in order to achieve the required reductions. (c) Subsequent appropriation laws In the case of any fiscal year 2013 or 2014 appropriation Act enacted after the date of enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act. (d) OMB report Within 30 days after the date of enactment of this section (or, if later, 30 days after the date of enactment of any fiscal year 2013 or 2014 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr1013ih/xml/BILLS-113hr1013ih.xml

113-hr-1014

I 113th CONGRESS 1st Session H. R. 1014 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Palazzo 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 provide that military technicians (dual status) shall be included in military personnel accounts for purposes of any order issued under that Act. 1. Treatment of military technicians (dual status) (a) In general Section 251(a)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)(3)) is amended by adding at the end the following new sentence: For purposes of this paragraph, military technicians (dual status) shall be included in military personnel accounts. . (b) Application of amendment The amendment made by subsection (a) shall apply to any order of the President to exempt military personnel accounts from sequestration issued under section 255(f)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(f)(1) ) after January 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1014ih/xml/BILLS-113hr1014ih.xml

113-hr-1015

I 113th CONGRESS 1st Session H. R. 1015 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Pascrell (for himself and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require the Commissioner of Social Security to revise the medical and evaluation criteria for determining disability in a person diagnosed with Huntington’s Disease and to waive the 24-month waiting period for Medicare eligibility for individuals disabled by Huntington’s Disease. 1. Short title This Act may be cited as the Huntington’s Disease Parity Act of 2013 . 2. Findings Congress makes the following findings: (1) Huntington’s Disease is a progressive degenerative neurological disease that causes total physical and mental deterioration. In the United States, approximately 30,000 individuals are affected by Huntington’s Disease, along with another 200,000 individuals who are genetically at risk . There is no effective treatment in terms of halting or slowing the progression of the disease. (2) Clinical indicators of Huntington’s Disease include— (A) loss of ability to control bodily movements; (B) loss of ability to think or act quickly, inability to learn new material, and loss of memory; and (C) behavioral or psychological problems, including personality changes, irritability, mood swings, anxiety, obsessive-compulsive behavior, inability to concentrate, decreased motivation, and severe depression. (3) Adult-onset Huntington’s Disease typically results in the development of symptoms in individuals between 30 and 50 years of age. Late-onset Huntington’s Disease is characterized by development of symptoms after 50 years of age and is usually associated with a milder course of the disease. Juvenile Huntington’s Disease affects individuals who have yet to attain 19 years of age and progresses at a more rapid rate. (4) Because of the incapacitating nature of Huntington’s Disease, individuals living with this illness, including those in the early stages of the disease, are unable to retain employment. As a result, many such individuals rely solely on Social Security Disability Insurance. (5) Despite significant advances in medicine and a greater understanding of Huntington's Disease, the Social Security Administration has not comprehensively revised its rules for the medical evaluation of neurological disabilities since 1985. The designation of this disease by the Social Security Administration as Huntington’s Chorea is both outdated and medically inaccurate, as this term fails to recognize the behavioral and cognitive impact of Huntington's Disease, while also providing an incomplete characterization of the full spectrum of Huntington’s Disease for purposes of Social Security Disability Insurance and the Medicare program. (6) After qualifying for Social Security Disability Insurance, individuals with Huntington’s Disease must wait another 24 months before receiving benefits under the Medicare program, despite the fact that such individuals often become incapacitated before reaching the age-eligibility requirement under the Medicare program of 65 years of age. (7) In 2000, the Centers for Medicaid & Medicare Services waived the 24-month waiting period requirement for people disabled by amyotrophic lateral sclerosis ( ALS ), a degenerative neurological condition that is similar to Huntington’s Disease. (8) In light of the outdated Social Security Disability Insurance guidelines for Huntington’s Disease and the significant cognitive, behavioral, and physical incapacitation faced by individuals with this disease, there is an urgent need for a revision of the medical and evaluation criteria used by the Social Security Administration in determining whether such individuals are disabled, as well as removal of the 24-month waiting period for coverage under the Medicare program for such individuals, similar to the existing exemption for individuals who have been diagnosed with ALS. 3. Revision of medical and evaluation criteria for evaluating disability caused by adult-onset and juvenile Huntington’s Disease (a) In general For purposes of determinations of cognitive, behavioral, and physical disability under titles II and XVI of the Social Security Act, the Commissioner of Social Security, in consultation with the National Institute of Neurological Disorders and Stroke, the National Institutes of Health, and other relevant organizations with medical expertise relating to Adult-Onset and Juvenile Huntington’s Disease, shall, not later than 180 days after the date of the enactment of this Act— (1) amend section 11.00 of part A of the Listing of Impairments (relating to neurological impairments of adults) by— (A) providing medical and evaluation criteria for Huntington’s Disease; and (B) striking Huntington’s Chorea each place it appears; (2) amend section 12.00 of part A of the Listing of Impairments (relating to mental disorders of adults) by providing medical and evaluation criteria for Huntington’s Disease; (3) amend section 111.00 of part B of the Listing of Impairments (relating to neurological impairments of children) by providing medical and evaluation criteria for Juvenile Huntington’s Disease; and (4) amend section 112.00 of part B of the Listing of Impairments (relating to mental disorders of children) by providing medical and evaluation criteria for Juvenile Huntington’s Disease. (b) Listing of Impairments For purposes of this section, the term Listing of Impairments means appendix 1 to subpart P of part 404 of title 20 of the Code of Federal Regulations. 4. Waiver of 24-month waiting period for coverage under Medicare program for individuals diagnosed with Huntington's Disease (a) In General Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting or Huntington’s Disease (HD) after amyotrophic lateral sclerosis (ALS) . (b) Effective Date The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1015ih/xml/BILLS-113hr1015ih.xml

113-hr-1016

I 113th CONGRESS 1st Session H. R. 1016 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Peters of California (for himself, Mrs. Davis of California , and Mr. Vargas ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 39, United States Code, to authorize the United States Postal Service to sell, at fair market value, any post office building subject to relocation, and for other purposes. 1. Short title This Act may be cited as the Community Post Office Relocation Act . 2. Sale of post office buildings subject to relocation (a) In general Chapter 4 of title 39, United States Code, is amended by adding at the end the following: 417. Authority to sell buildings containing post offices subject to relocation (a) In addition to the authority provided under section 401(5), the Postal Service may sell, at fair market value, to an eligible buyer fee simple title to a covered post office building. (b) (1) Beginning on the date on which the Postal Service makes an announcement, as described in paragraph (2), that a covered post office building is for sale, an eligible buyer shall have 30 days to make an offer to the Postal Service for the purchase of such building. (2) The announcement under paragraph (1) shall be posted prominently in a publicly accessible space in the covered post office building subject to sale. (c) (1) The Postal Service shall enter into negotiations for the sale of such building with the eligible buyer that submits the first offer, as determined by postmark date, during such 30-day period. If such negotiations fail, then the Postal Service shall enter into negotiations for sale with each subsequent eligible buyer, as determined by postmark date, that submits an offer during such 30-day period until a sale is made or until all such eligible buyers are exhausted. (2) If an offer under paragraph (1) is for the fair market value of such building, and all other relevant conditions have been met with respect to making a successful sale within 45 days after the postmark date of such offer, the Postal Service shall sell such building to such buyer. (3) The fair market value of a post office building sold by the Postal Service under this section shall be determined by an independent professional appraiser, licensed within the State in which such building is located, mutually agreed upon by the Postal Service and the eligible buyer. (d) (1) After the sale of a covered post office building to an eligible buyer under this section, the Postal Service may lease, at fair market value, such building from such buyer for purposes of operating a post office in such building. (2) If the Postal Service does not require all of the space in such building while operating a post office pursuant to paragraph (1), the eligible buyer may use the remaining space for any purpose permitted under Federal, State, or local law or regulation. (e) If an eligible buyer makes a covered post office purchased under this section available for sale, the Postal Service shall have the right of first refusal to purchase such building at fair market value or at the price of such purchase plus any improvements, whichever is less. (f) For purposes of this section— (1) the term covered post office building means a building owned by the Postal Service that contains a post office subject to relocation (as that term is described in section 241.4 of title 39, Code of Federal Regulations); and (2) the term eligible buyer means a private organization— (A) that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; (B) that operates primarily within the geographic area served by a covered post office building subject to sale under this section; and (C) that has been in operation within such area for at least 5 years prior to the date on which the announcement of the sale of the building is made (as described in subsection (b)(1)). . (b) Technical amendment The table of sections of chapter 4 of title 39, United States Code, is amended by adding after the item relating to section 416 the following new item: 417. Authority to sell buildings containing post offices subject to relocation. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1016ih/xml/BILLS-113hr1016ih.xml

113-hr-1017

I 113th CONGRESS 1st Session H. R. 1017 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , 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 direct the Secretary of the Interior and the Secretary of Agriculture to sell certain Federal land, to direct that the proceeds of such sales be applied to reduce the Federal budget deficit, and for other purposes. 1. Short title This Act may be cited as the American Land Act . 2. Authorization to sell land (a) Authorization For each of fiscal years 2013 through 2017, subject to valid existing rights, the Secretary of the Interior or the Secretary of Agriculture, as the case may be, shall offer for competitive sale by auction all right, title, and interest, to the extent provided in subsection (b)(2), in and to the following: (1) Eight percent of the Federal land managed by the Bureau of Land Management. (2) Eight percent of the National Forest System land. (b) Terms and conditions (1) Configuration of land The Secretary concerned shall configure the land to be sold to maximize marketability or achieve management objectives, and may prescribe such terms and conditions on the land sales authorized by this Act as the Secretary deems in the public interest. (2) Mineral rights For each fiscal year, the Secretary concerned may include in the sale of land under subsection (a) the mineral rights to such land for not more than 50 percent of the total acreage sold under subsection (a) by that Secretary, if the Secretary determines that such inclusion is likely to maximize marketability. 3. Proceeds from the sale of land All proceeds from the sale of land under this Act shall be deposited into the Treasury and applied— (1) to reduce the annual Federal budget deficit for the fiscal year in which the sums are received, except as provided in paragraph (2); and (2) if there is no annual Federal budget deficit for the fiscal year in which the sums are received, to reduce the outstanding Federal debt.

https://www.govinfo.gov/content/pkg/BILLS-113hr1017ih/xml/BILLS-113hr1017ih.xml

113-hr-1018

I 113th CONGRESS 1st Session H. R. 1018 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Sablan (for himself, Mr. Pierluisi , Ms. Bordallo , Mrs. Christensen , Mr. Faleomavaega , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on House Administration , 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 clarify the application of certain Federal laws relating to elections in the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. 1. Clarification of application of federal election laws to certain jurisdictions (a) Federal Election Campaign Act of 1971 Section 301(12) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431(12) ) is amended by striking or a territory or possession of the United States and inserting American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the United States Virgin Islands . (b) National Voter Registration Act of 1993 Section 3(4) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–1 ) is amended by striking States and the District of Columbia and inserting States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands . (c) Help America Vote Act of 2002 (1) Coverage of Commonwealth of the Northern Mariana Islands Section 901 of the Help America Vote Act of 2002 ( 42 U.S.C. 15541 ) is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands . (2) Conforming amendments Such Act is further amended as follows: (A) The second sentence of section 213(a)(2) ( 42 U.S.C. 15343(a)(2) ) is amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands . (B) Section 252(c)(2) ( 42 U.S.C. 15402(c)(2) ) is amended by striking or the United States Virgin Islands and inserting the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands . (d) Criminal penalties (1) Intimidation of voters Section 594 of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress . (2) Interference by government employees Section 595 of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress . (3) Voting by aliens Section 611(a) of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress . (e) Voting Rights Act of 1965 Section 11 of the Voting Rights Act of 1965 (42 U.S.C. 1973i) is amended by striking Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico each place it appears in subsections (c) and (e)(2) and inserting or Delegate or Resident Commissioner to the Congress .

https://www.govinfo.gov/content/pkg/BILLS-113hr1018ih/xml/BILLS-113hr1018ih.xml

113-hr-1019

I 113th CONGRESS 1st Session H. R. 1019 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Ms. Schakowsky (for herself, Mr. Ellison , Mr. Conyers , Mr. Grijalva , Ms. Moore , Mr. Rangel , Mr. George Miller of California , Mr. Pallone , Ms. Slaughter , Mr. Garamendi , Mr. Courtney , Mr. McDermott , Ms. Norton , Mr. Waxman , Mr. Farr , Ms. DeLauro , Ms. Chu , Mr. Levin , Mrs. Capps , and Mr. Doggett ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide protections for consumers against excessive, unjustified, or unfairly discriminatory increases in premium rates. 1. Short title This Act may be cited as the Health Insurance Rate Review Act . 2. Protection of consumers from excessive, unjustified, or unfairly discriminatory rates (a) Protection from excessive, unjustified, or unfairly discriminatory rates The first section 2794 of the Public Health Service Act ( 42 U.S.C. 300gg–94 ), as added by section 1003 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), is amended by adding at the end the following new subsection: (e) Protection from excessive, unjustified, or unfairly discriminatory rates (1) Authority of States Nothing in this section shall be construed to prohibit a State from imposing requirements (including requirements relating to rate review standards and procedures and information reporting) on health insurance issuers with respect to rates that are in addition to the requirements of this section and are more protective of consumers than such requirements. (2) Consultation in rate review process In carrying out this section, the Secretary shall consult with the National Association of Insurance Commissioners and consumer groups. (3) Determination of who conducts reviews for each State The Secretary shall determine, after the date of enactment of this section and periodically thereafter, the following: (A) In which markets in each State the State insurance commissioner or relevant State regulator shall undertake the corrective actions under paragraph (4) , as a condition of the State receiving the grant in subsection (c), based on the Secretary’s determination that the State regulator is adequately undertaking and utilizing such actions in that market. (B) In which markets in each State the Secretary shall undertake the corrective actions under paragraph (4) , in cooperation with the relevant State insurance commissioner or State regulator, based on the Secretary’s determination that the State is not adequately undertaking and utilizing such actions in that market. (4) Corrective action for excessive, unjustified, or unfairly discriminatory rates In accordance with the process established under this section, the Secretary or the relevant State insurance commissioner or State regulator shall take corrective actions to ensure that any excessive, unjustified, or unfairly discriminatory rates are corrected prior to implementation, or as soon as possible thereafter, through mechanisms such as— (A) denying rates; (B) modifying rates; or (C) requiring rebates to consumers. (5) Noncompliance Failure to comply with any corrective action taken by the Secretary under this subsection may result in the application of civil monetary penalties and, if the Secretary determines appropriate, make the plan involved ineligible for classification as a Qualified Health Plan. . (b) Clarification of Regulatory Authority Such section is further amended— (1) in subsection (a)— (A) in the heading, by striking premium and inserting rate ; (B) in paragraph (1), by striking unreasonable increases in premiums and inserting potentially excessive, unjustified, or unfairly discriminatory rates, including premiums, ; and (C) in paragraph (2)— (i) by striking an unreasonable premium increase and inserting a potentially excessive, unjustified, or unfairly discriminatory rate ; (ii) by striking the increase and inserting the rate ; and (iii) by striking such increases and inserting such rates ; (2) in subsection (b)— (A) by striking premium increases each place it appears and inserting rates ; and (B) in paragraph (2)(B), by striking premium and inserting rate ; and (3) in subsection (c)(1)— (A) in the heading, by striking Premium and inserting Rate ; (B) by inserting that satisfy the condition under subsection (e)(3)(A) after award grants to States ; and (C) in subparagraph (A), by striking premium increases and inserting rates . (c) Conforming amendment Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended— (1) in section 2723 ( 42 U.S.C. 300gg–22 ), as redesignated by the Patient Protection and Affordable Care Act— (A) in subsection (a)— (i) in paragraph (1), by inserting and section 2794 after this part ; and (ii) in paragraph (2), by inserting or section 2794 after this part ; and (B) in subsection (b)— (i) in paragraph (1), by inserting and section 2794 after this part ; and (ii) in paragraph (2)— (I) in subparagraph (A), by inserting or section 2794 that is after this part ; and (II) in subparagraph (C)(ii), by inserting or section 2794 after this part ; and (2) in section 2761 (42 U.S.C. 300gg–61)— (A) in subsection (a)— (i) in paragraph (1), by inserting and section 2794 after this part ; and (ii) in paragraph (2)— (I) by inserting or section 2794 after set forth in this part ; and (II) by inserting and section 2794 after the requirements of this part ; and (B) in subsection (b)— (i) by inserting and section 2794 after this part ; and (ii) by inserting and section 2794 after part A . (d) Applicability to grandfathered plans Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), as added by section 2301 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), is amended by adding at the end the following: (v) Section 2794 (relating to reasonableness of rates with respect to health insurance coverage). . (e) Authorization of appropriations There are authorized to be appropriated to carry out this Act, such sums as may be necessary. (f) Effective date The amendments made by this section shall take effect on the date of enactment of this Act and shall be implemented with respect to health plans beginning not later than January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr1019ih/xml/BILLS-113hr1019ih.xml

113-hr-1020

I 113th CONGRESS 1st Session H. R. 1020 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Schock (for himself, Mr. Crowley , and Mr. Owens ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Tariff Act of 1930 to increase and adjust for inflation the maximum value of articles that may be imported duty-free by one person on one day, and for other purposes. 1. Short title This Act may be cited as the Low Value Shipment Regulatory Modernization Act of 2013 . 2. Sense of Congress on de minimis informal entries (a) Findings Congress makes the following findings: (1) Modernizing international customs is critical for United States businesses of all sizes, consumers in the United States, and the economic growth of the United States. (2) Higher thresholds for the value of articles that may be entered informally and free of duty provide significant economic benefits to businesses and consumers in the United States and the economy of the United States through costs savings and reductions in trade transaction costs. (b) Sense of Congress It is the sense of Congress that the United States Trade Representative should encourage other countries, through bilateral, regional, and multilateral fora, to establish commercially meaningful de minimis values for express and postal shipments that are exempt from customs duties and taxes and from certain entry documentation requirements, as appropriate. 3. Increase in and adjustment for inflation of maximum value of articles that may be imported duty-free by one person on one day (a) In general Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) is amended— (1) in subsection (a)(2), by striking subparagraph (C) and inserting the following: (C) in any other case, the dollar amount specified in subsection (c). ; and (2) by adding at the end the following: (c) Annual adjustment of value of articles that may enter duty-Free (1) Dollar amount specified The dollar amount specified in this subsection is— (A) for calendar year 2014, $800; and (B) subject to paragraph (2), for any calendar year after calendar year 2014, an amount equal to $800 increased by an amount equal to— (i) $800, multiplied by (ii) the percentage of the increase (if any) in the Consumer Price Index for the preceding calendar year compared to the Consumer Price Index for calendar year 2013. (2) Rounding Any increase under paragraph (1) of the dollar amount specified in this subsection shall be rounded to the nearest increment of $50. (3) Consumer Price Index for any calendar year For purposes of this subsection, the Consumer Price Index for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on September 30 of that calendar year. (4) Consumer Price Index defined For purposes of this subsection, the term Consumer Price Index means the last Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. . (b) Effective date The amendments made by this section apply to articles entered, or withdrawn from warehouse for consumption, on or after January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr1020ih/xml/BILLS-113hr1020ih.xml

113-hr-1021

I 113th CONGRESS 1st Session H. R. 1021 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Stivers introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , 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 that there shall be no net increase in the acres of certain Federal land under the jurisdiction of the Bureau of Land Management, the National Park Service, the United States Fish and Wildlife Service, or the Forest Service unless the Federal budget is balanced for the year in which the land would be purchased. 1. Short title This Act may be cited as the Land Acquisition to cut National Debt Act or the LAND Act . 2. Department of the interior land acquisition (a) In general The Secretary of the Interior may not use Federal funds to purchase land that would result in a net increase of land acreage that would be under the jurisdiction of the National Park Service, the United States Fish and Wildlife Service, or the Bureau of Land Management unless the Federal budget is balanced for the year in which the land would be purchased. (b) Duck stamp funds Subsection (a) shall not apply to land purchased with funds made available through the sale of Federal Migratory Bird Hunting and Conservation Stamps. (c) Easements Subsection (a) shall not apply to easements acquired by the Secretary of the Interior to facilitate management of Federal lands. 3. National forest system land acquisition (a) In general The Secretary of Agriculture may not use Federal funds to purchase land that would result in a net increase of land acreage included in the National Forest System unless the Federal budget is balanced for the year in which the land would be purchased. (b) Easements Subsection (a) shall not apply to easements acquired by the Secretary of Agriculture to facilitate management of Federal lands.

https://www.govinfo.gov/content/pkg/BILLS-113hr1021ih/xml/BILLS-113hr1021ih.xml

113-hr-1022

I 113th CONGRESS 1st Session H. R. 1022 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Mr. Swalwell of California introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To develop an energy critical elements program, to amend the National Materials and Minerals Policy, Research and Development Act of 1980, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Securing Energy Critical Elements and American Jobs 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. Definitions. Title I—Energy Critical Elements Sec. 101. Energy critical elements program. Sec. 102. Policy Coordination Committee. Sec. 103. Rare earth materials loan guarantee program. Title II—National Materials and Minerals Policy, Research, and Development Sec. 201. Amendments to National Materials and Minerals Policy, Research and Development Act of 1980. Sec. 202. Repeal. 2. Definitions In this Act: (1) Appropriate Congressional committees The term appropriate Congressional committees means the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate. (2) Center The term Center means the Research and Development Information Center established in section 101(b). (3) Department The term Department means the Department of Energy. (4) Energy critical element The term energy critical element means any of a class of chemical elements that are critical to one or more new, energy-related technologies such that a shortage of such element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy. (5) Program The term program means the program of research, development, demonstration, and commercial application to assure the long-term, secure, and sustainable supply of energy critical elements sufficient to satisfy the national security, economic well-being, and industrial production needs of the United States established in section 101(a). (6) Rare earth materials The term rare earth materials means any of the following chemical elements in any of their physical forms or chemical combinations: (A) Scandium. (B) Yttrium. (C) Lanthanum. (D) Cerium. (E) Praseodymium. (F) Neodymium. (G) Promethium. (H) Samarium. (I) Europium. (J) Gadolinium. (K) Terbium. (L) Dysprosium. (M) Holmium. (N) Erbium. (O) Thulium. (P) Ytterbium. (Q) Lutetium. (7) Secretary The term Secretary means the Secretary of Energy. I Energy Critical Elements 101. Energy critical elements program (a) Establishment of program (1) In general There is established in the Department a program of research, development, demonstration, and commercial application to assure the long-term, secure, and sustainable supply of energy critical elements sufficient to satisfy the national security, economic well-being, and industrial production needs of the United States. (2) Program activities The program shall support activities to— (A) better characterize and quantify virgin stocks of energy critical elements using theoretical geochemical research; (B) explore, discover, and recover energy critical elements using advanced science and technology; (C) improve methods for the extraction, processing, use, recovery, and recycling of energy critical elements; (D) improve the understanding of the performance, processing, and adaptability in engineering designs of energy critical elements; (E) identify and test alternative materials that can be substituted for energy critical elements in particular applications; and (F) engineer and test applications that— (i) use recycled energy critical elements; (ii) use alternative materials; or (iii) seek to minimize energy critical element content. (3) Improved processes and technologies To the maximum extent practicable, the Secretary shall support new or significantly improved processes and technologies as compared to those currently in use in the energy critical elements industry. (4) Expanding participation In carrying out the program, the Secretary shall encourage multidisciplinary collaborations of participants, extensive opportunities for students at institutions of higher education, or both. (5) Consistency The program shall be consistent with the policies and programs in the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et seq.). (6) International collaboration In carrying out the program, the Secretary shall collaborate, to the extent practicable, on activities of mutual interest with the relevant agencies of foreign countries with interests relating to energy critical elements. (b) Research and Development Information Center (1) In general To collect, catalogue, disseminate, and archive information on energy critical elements, the Secretary shall establish, through a competitive process, a Research and Development Information Center. (2) Center activities (A) In general The Center shall— (i) serve as the repository for scientific and technical data generated by the research and development activities funded under this section; (ii) assist scientists and engineers in making the fullest possible use of the Center’s data holdings; (iii) seek and incorporate other information on energy critical elements to enhance the Center’s utility for program participants and other users; (iv) provide advice to the Secretary concerning the program; and (v) host conferences, at least annually, for participants in the program and other interested parties to promote information sharing and encourage new collaborative activities. (B) Restriction Not more than 2.5 percent of the amounts made available pursuant to this section may be used for hosting conferences under subparagraph (A)(v). (c) Plan (1) In general Within 180 days after the date of enactment of this Act and biennially thereafter, the Secretary shall prepare and submit to the appropriate Congressional committees a plan to carry out the program and the Center. (2) Specific requirements The plan shall include a description of— (A) the research and development activities to be carried out by the program during the subsequent 2 years; (B) the expected contributions of the program and the Center to the creation of innovative methods and technologies for the efficient and sustainable provision of energy critical elements to the domestic economy; (C) the technical criteria to be used to evaluate applications for loan guarantees under section 1706 of the Energy Policy Act of 2005 (as added by section 103 ); (D) any projects receiving loan guarantee support under such section 1706 and the status of such projects; (E) how the program is promoting the broadest possible participation by academic, industrial, and other contributors; and (F) actions taken or proposed that reflect recommendations from the assessment conducted under subsection (d) or the Secretary’s rationale for not taking action pursuant to any recommendation from such assessment for plans submitted following the completion of the assessment under such subsection. (3) Consultation In preparing each plan under paragraph (1) , the Secretary shall consult with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, professional and technical societies, and other entities, as determined by the Secretary. (d) Assessment (1) In general After the program has been in operation for 4 years, the Secretary shall offer to enter into a contract with the National Academy of Sciences under which the National Academy shall conduct an assessment of the program, including the operations and activities of the Center. (2) Inclusions The assessment shall include the recommendation of the National Academy of Sciences that the program should be— (A) continued, accompanied by a description of any improvements needed in the program; or (B) terminated, accompanied by a description of the lessons learned from the execution of the program. (3) Availability The assessment shall be made available to Congress and the public upon completion. (e) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary to carry out this section the following sums: (A) For fiscal year 2014, $15,000,000. (B) For fiscal year 2015, $15,000,000. (C) For fiscal year 2016, $15,000,000. (D) For fiscal year 2017, $15,000,000. (E) For fiscal year 2018, $15,000,000. (2) Assessment From the amounts authorized under paragraph (1), there are authorized to be appropriated to the Secretary $700,000 to enter into a contract under subsection (d)(1). (3) Availability Such sums shall remain available until expended. 102. Supply of energy critical elements The President, acting through the Office of Science and Technology Policy, shall— (1) coordinate the actions of applicable Federal agencies to promote an adequate and stable supply of energy critical elements necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs; (2) identify energy critical elements and establish early warning systems for supply problems of energy critical elements; (3) establish a mechanism for the coordination and evaluation of Federal programs with energy critical element needs, including Federal programs involving research and development, in a manner that complements related efforts carried out by the private sector and other domestic and international agencies and organizations; (4) promote and encourage private enterprise in the development of an economically sound and stable domestic energy critical elements supply chain; (5) promote and encourage the recycling of energy critical elements, taking into account the logistics, economic viability, environmental sustainability, and research and development needs for completing the recycling process; (6) assess the need for and make recommendations concerning the availability and adequacy of the supply of technically trained personnel necessary for energy critical elements research, development, extraction, and industrial production, with a particular focus on the problem of attracting and maintaining high quality professionals for maintaining an adequate supply of energy critical elements; and (7) report to Congress on activities and findings under this section. 103. Rare earth materials loan guarantee program (a) Amendment Title XVII of the Energy Policy Act of 2005 ( 42 U.S.C. 16511 et seq. ) is amended by adding at the end the following new section: 1706. Temporary program for rare earth materials revitalization (a) In general As part of the program established in section 101 of the Securing Energy Critical Elements and American Jobs Act of 2013 , the Secretary is authorized to make guarantees under this title for the commercial application of new or significantly improved technologies (compared to technologies currently in use in the United States) for the following categories of projects: (1) The separation and recovery of rare earth materials from ores or other sources. (2) The preparation of rare earth materials in oxide, metal, alloy, or other forms needed for national security, economic well-being, or industrial production purposes. (3) The application of rare earth materials in the production of improved— (A) magnets; (B) batteries; (C) refrigeration systems; (D) optical systems; (E) electronics; and (F) catalysis. (4) The application of rare earth materials in other uses, as determined by the Secretary. (b) Timeliness The Secretary shall seek to minimize delay in approving loan guarantee applications, consistent with appropriate protection of taxpayer interests. (c) Cooperation To the maximum extent practicable, the Secretary shall cooperate with appropriate private sector participants to achieve a complete rare earth materials production capability in the United States within 5 years after the date of enactment of the Securing Energy Critical Elements and American Jobs Act of 2013 . (d) Sunset The authority to enter into guarantees under this section shall expire on September 30, 2021. . (b) Table of contents amendment The table of contents for the Energy Policy Act of 2005 is amended by inserting after the item relating to section 1705 the following new item: Sec. 1706. Temporary program for rare earth materials revitalization. . II National Materials and Minerals Policy, Research, and Development 201. Amendments to National Materials and Minerals Policy, Research and Development Act of 1980 (a) Program Plan Section 5 of the National Materials and Minerals Policy, Research and Development Act of 1980 ( 30 U.S.C. 1604 ) is amended— (1) by striking date of enactment of this Act each place it appears and inserting date of enactment of the Securing Energy Critical Elements and American Jobs Act of 2013 ; (2) in subsection (b), by striking Federal Coordinating Council for Science, Engineering, and Technology and inserting National Science and Technology Council, ; (3) in subsection (c)— (A) by striking the Federal Emergency and all that follows through Agency, and ; (B) by striking appropriate shall and inserting appropriate, shall ; (C) by striking paragraph (1); (D) in paragraph (2), by striking in the case and all that follows through subsection, ; (E) by redesignating paragraph (2) as paragraph (1); (F) by redesignating paragraph (3) as paragraph (2); and (G) by amending paragraph (2), as redesignated, to read as follows: (2) assess the adequacy and stability of the supply of materials necessary to maintain national security, economic well-being, and industrial production. ; (4) by striking subsections (d) and (e); and (5) by redesignating subsection (f) as subsection (d). (b) Policy Section 3 of such Act ( 30 U.S.C. 1602 ) is amended— (1) by striking The Congress declares that it and inserting It ; and (2) by striking The Congress further declares that implementation and inserting Implementation . (c) Implementation Section 4 of such Act ( 30 U.S.C. 1603 ) is amended— (1) by striking For the purpose and all that follows through declares that the and inserting The ; and (2) by striking departments and agencies, and inserting departments and agencies to implement the policies set forth in section 3 . 202. Repeal Title II of Public Law 98–373 (30 U.S.C. 1801; 98 Stat. 1248), also known as the National Critical Materials Act of 1984, is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr1022ih/xml/BILLS-113hr1022ih.xml

113-hr-1023

V 113th CONGRESS 1st Session H. R. 1023 IN THE HOUSE OF REPRESENTATIVES March 6, 2013 Ms. Pelosi introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Maria Carmen Castro Ramirez and J. Refugio Carreno Rojas. 1. Permanent resident status for Maria Carmen Castro Ramirez and J. Refugio Carreno Rojas (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Maria Carmen Castro Ramirez and J. Refugio Carreno Rojas 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 Maria Carmen Castro Ramirez or J. Refugio Carreno Rojas enters the United States before the filing deadline specified in subsection (d), 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) Waiver of Grounds for Removal or Denial of Admission (1) In general Notwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Maria Carmen Castro Ramirez and J. Refugio Carreno Rojas may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State on the date of the enactment of this Act. (2) Rescission of outstanding order of removal The Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Maria Carmen Castro Ramirez or J. Refugio Carreno Rojas by reason of any ground described in paragraph (1). (d) 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. (e) Reduction of Immigrant Visa Number Upon the granting of an immigrant visa or permanent residence to Maria Carmen Castro Ramirez and J. Refugio Carreno Rojas, the Secretary of State shall instruct the proper officer to reduce by 2, 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. (f) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Maria Carmen Castro Ramirez and J. Refugio Carreno Rojas 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-113hr1023ih/xml/BILLS-113hr1023ih.xml

113-hr-1024

I 113th CONGRESS 1st Session H. R. 1024 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mrs. McMorris Rodgers 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 part D eligible individuals with single chronic diseases access to services under medication therapy management programs under the Medicare part D prescription drug program. 1. Short title This Act may be cited as the Medication Therapy Management Empowerment Act of 2013 . 2. Access to services under medication therapy management programs for Medicare part D eligible individuals with single chronic diseases Section 1860D–4(c)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–104(c)(2)(A) ) is amended— (1) in clause (ii), by striking subclause (I) and inserting the following: (I) have— (aa) multiple chronic diseases (such as diabetes, asthma, hypertension, hyperlipidemia, and congestive heart failure); or (bb) subject to clause (iii), any single chronic disease, including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease or chronic lung disorder), bone disease-arthritis (such as osteoporosis or osteoarthritis), rheumatoid arthritis, or mental health disorder (such as depression, schizophrenia, or bipolar disorder). ; and (2) by adding at the end the following: (iii) Determinations relating to program costs for including individuals with single chronic diseases (I) Initial determinations With regard to any single chronic disease, clause (ii)(I)(bb) shall only be applied if the Chief Actuary for the Centers for Medicare & Medicaid Services determines that the application of such clause with regard to such disease is not projected to increase overall costs to the Medicare program under this title over the five year period beginning on the date of determination. (II) Review of determinations In the case that clause (ii)(I)(bb) is applied with respect to a single chronic disease pursuant to a determination under subclause (I), not later than five years after such date of determination, the Chief Actuary for the Centers for Medicare & Medicaid Services shall review the effect of the application of such clause with respect to such disease on the actual cost of the Medicare program under this title during such five years. Based on such review, if the Chief Actuary is unable to determine that, with regard to such single chronic disease, the application of such clause did not increase costs to the Federal government under the Medicare program under this title over such period, then the Secretary shall review the findings of the Chief Actuary and determine whether such clause shall continue to be applied with regard to such single chronic disease. In conducting such review and making such determination, the Secretary shall consider the extent to which the application of such clause with regard to such single chronic disease effects the health outcomes of part D eligible individuals and any savings and costs to the Federal government under the Medicare program under this title. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1024ih/xml/BILLS-113hr1024ih.xml

113-hr-1025

I 113th CONGRESS 1st Session H. R. 1025 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. Thompson of California (for himself, Mr. Garamendi , Mr. Huffman , Ms. Eshoo , and Mr. Bera of California ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate the Berryessa Snow Mountain National Conservation Area in the State of California, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Berryessa Snow Mountain National Conservation Area Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. Sec. 3. Establishment of Berryessa Snow Mountain National Conservation Area, California. Sec. 4. Access and buffer zones. Sec. 5. Management of Federal lands in conservation area. Sec. 6. Berryessa Snow Mountain National Conservation Area Advisory Council. Sec. 7. Water. 2. Definitions In this Act: (1) Advisory council The term advisory council means the Berryessa Snow Mountain National Conservation Area Advisory Council. (2) Conservation area The term conservation area means the Berryessa Snow Mountain National Conservation Area. (3) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to those conservation area lands under the jurisdiction of the Secretary of Agriculture; and (B) the Secretary of the Interior, with respect to those conservation area lands under the jurisdiction of the Secretary of the Interior. (4) Secretaries The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior acting jointly. (5) State The term State means the State of California. (6) Motor vehicle use maps The term motor vehicle use maps means the maps produced by the Forest Service titled Motor Vehicle Use Map, Mendocino National Forest, SOUTH MAP, California, 2008 and Motor Vehicle Use Map, Mendocino National Forest, SOUTH CENTRAL MAP, California, 2008 and any amendments to those maps. 3. Establishment of Berryessa Snow Mountain National Conservation Area, California (a) Establishment Subject to valid existing rights, there is hereby established the Berryessa Snow Mountain National Conservation Area in the State. (b) Purpose The purpose of the Berryessa Snow Mountain National Conservation Area is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the lands included in the conservation area. (c) Area included The conservation area consists of approximately ___ acres of Federal land and interests in Federal land within Napa, Lake, Mendocino, Solano, and Yolo Counties, California, as depicted on the map entitled Berryessa Snow Mountain National Conservation Area and dated ____. (d) Legal descriptions; corrections of errors (1) Preparation As soon as practical after the date of enactment of this Act, but in no event later than two years after such date, the Secretaries shall prepare final maps and legal descriptions of the conservation area. (2) Submission As soon as practicable after the preparation of the maps and legal descriptions under paragraph (1), the Secretaries shall submit the maps and legal descriptions to the Committee on Natural Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate. (3) Public availability The maps and legal descriptions prepared under paragraph (1) shall be available for public inspection at appropriate offices of the Bureau of Land Management and Forest Service. (4) Legal effect The maps and legal descriptions of the conservation area shall have the same force and effect as if included in this Act, except that the Secretaries may correct clerical and typographical errors in the maps and legal descriptions. (e) Sense of Congress It is the sense of Congress that this Act should apply only to Federal land and interests in Federal land and should not apply to private property or other non-Federal land and interests in land. 4. Access and buffer zones (a) Non-Federal lands and interests (1) No requirement of public access Nothing in this Act requires a non-Federal property owner to allow public access to private property. (2) Affect on other laws Nothing in this Act modifies any provision of Federal, State, or local law with respect to use of non-Federal land. (b) Access The Secretary shall continue to provide historical and adequate access to private inholdings in the conservation area. (c) Buffer zones (1) In general Nothing in this Act creates a protective perimeter or buffer zone around the conservation area. (2) Activities outside of conservation area The fact that any activities or uses outside of areas designated by this Act can be seen or heard within the conservation area shall not preclude the activities or uses outside of the conservation area. 5. Management of Federal lands in conservation area (a) Basis of management (1) Applicable laws The Secretary shall manage the conservation area in a manner that conserves, protects, and enhances the natural resources and values of the conservation area, in accordance with— (A) this Act; (B) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) for lands managed by the Bureau of Land Management; (C) the Wilderness Act (16 U.S.C. 1131 et seq.); (D) the Act of June 17, 1902 (commonly known as the Reclamation Act of 1902; 32 Stat. 388) and Acts amendatory thereof and supplemental thereto; (E) other laws (including regulations) applicable to the National Forest System for land managed by the Forest Service; and (F) other applicable law (including regulations). (2) Resolution of conflicts If there is a conflict between a provision of this Act and a provision of one of the other laws specified in paragraph (1), the more restrictive provision shall control. (b) Uses The Secretary shall allow only such uses of the conservation area as the Secretary determines would further the purposes for which the conservation area is established. (c) Tribal cultural uses Nothing in this Act shall be construed to enlarge or diminish the rights of any Indian tribe. (d) Recreation The Secretary shall continue to authorize, maintain, and enhance the recreational use of the conservation area, including hunting, fishing, camping, hiking, hang gliding, sightseeing, nature study, horseback riding, rafting, mountain biking and motorized recreation on authorized routes, and other recreational activities, so long as such recreational use is consistent with the purposes of the conservation area, this section, other applicable law (including regulations), and applicable management plans. (e) Management plan (1) In general Within three years after the date of enactment of this Act, the Secretaries shall develop a comprehensive plan for the protection and management of the Federal lands included within the conservation area that fulfills the purposes for which the conservation area is established. In implementing the management plan and in considering any recommendations from the advisory council, the Secretaries shall consult on a regular basis. (2) Purposes The management plan shall— (A) describe the appropriate uses and management of the conservation area; (B) be developed with extensive public input; (C) take into consideration any information developed in studies of the land within the conservation area; (D) assess the impacts of climate change on the conservation area and establish policies and procedures to ensure the preservation of wildlife corridors and facilitate species migration; (E) include a comprehensive weed management strategy (including use of grazing where appropriate) to guide noxious weed control efforts and activities; (F) identify and prioritize habitat restoration opportunities and strategies within the conservation area; (G) identify opportunities to enhance recreational opportunities throughout the conservation area; (H) identify areas outside of designated wilderness where non-motorized recreation will be emphasized; (I) identify opportunities to improve fish passage and habitat quality for native fish species; (J) include a plan to address the public safety and environmental clean-up issues associated with illegal marijuana production within the conservation area; (K) identify opportunities to promote voluntary cooperative conservation projects with State, local, and private interests; and (L) take into consideration existing land uses (including grazing) on the Federal lands within the conservation area. (3) Other plans In developing the management plan, and to the extent consistent with this section, the Secretary may incorporate any provision from a resource management plan, land and resource management plan, or any other plan applicable to the conservation area. (4) Cooperative agreements In carrying out this Act, the Secretary may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the restoration or conservation of the conservation area. (f) Fish and wildlife Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the California Department of Fish and Wildlife, may designate zones in the conservation area where, and periods when, hunting shall not be allowed for reasons of public safety, administration, or public use and enjoyment. (g) Motorized and mechanized vehicles (1) In general Except where needed for administrative purposes or to respond to an emergency, the use of motorized and mechanized vehicles on lands within the conservation area shall be permitted only on roads and trails designated for their use. (2) Additional requirement In developing the management plan required by this section, and to the extent consistent with this section, the Secretary, for lands under jurisdiction of Forest Service, shall incorporate the motor vehicle use maps. In developing the management plan (and making any subsequent amendment to the management plan), the Secretary shall explicitly analyze and document— (A) each instance in which the requirements of this section or other applicable law makes it necessary to alter the motor vehicle use maps; and (B) the manner in which the motor vehicle use maps are consistent with the requirements of this section. (h) Incorporation of acquired lands and interests (1) Authority The Secretary may acquire non-Federal land within the boundaries of the conservation area only through exchange, donation, or purchase from a willing seller. (2) Management Any land or interest in land that is located within the conservation area that is acquired by the United States shall— (A) become part of the conservation area; and (B) be managed in accordance with this Act. (i) Withdrawal Subject to valid existing rights, all Federal land within the conservation area is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) leasing or disposition under all laws relating to— (A) minerals; and (B) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (j) Grazing (1) In general Livestock grazing within the conservation area, where established before the date of enactment of this Act, shall be permitted to continue subject to all applicable laws and regulations. (2) Other grazing Livestock grazing within the conservation area, where not established before the date of enactment of this Act, shall only be permitted to the extent that it is consistent with the purposes of the conservation area and subject to all applicable laws and regulations. (3) Targeted grazing The Secretary may issue annual targeted grazing permits for purposes of the control of noxious weeds, fire suppression, or to provide other ecological benefits consistent with the purposes of the conservation area. (k) Wildland fire operations Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the conservation area, consistent with the purposes of the conservation area. (l) Horses Subject to any terms and conditions determined to be necessary by the Secretary, nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, the conservation area where such use is consistent with the purposes of the conservation area and other applicable law (including regulations). 6. Berryessa Snow Mountain National Conservation Area Advisory Council (a) Establishment Not less than 180 days after the date of enactment of this Act, the Secretaries shall establish an advisory council, to be known as the Berryessa Snow Mountain National Conservation Area Advisory Council . (b) Duties The advisory council shall advise the Secretaries with respect to the preparation and implementation of the management plan for the conservation area. (c) Applicable law The advisory council shall be subject to— (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) all other applicable law. (d) Members The advisory council shall include 12 members, to be appointed by the Secretaries, of whom, to the extent practicable— (1) one member shall be appointed after considering the recommendations of the Lake County Board of Supervisors; (2) one member shall be appointed after considering the recommendations of the Napa County Board of Supervisors; (3) one member shall be appointed after considering the recommendations of the Yolo County Board of Supervisors; (4) one member shall be appointed after considering the recommendations of the Mendocino County Board of Supervisors; (5) one member shall be appointed after considering the recommendations of the Solano County Board of Supervisors; (6) one member shall be appointed after considering the recommendations of the head of the California Resources Agency; (7) one member shall be appointed to represent Native American Tribes; (8) five members shall reside in, or within reasonable proximity to, Yolo County, Napa County, Mendocino County, Solano County, or Lake County, California, with backgrounds that reflect— (A) the purposes for which the conservation area was established; and (B) the interest of the stakeholders that are affected by the planning and management of the conservation area, including stakeholders representing the agricultural, private land-ownership, environmental, recreational, tourism, or other non-Federal land interests. (e) Representation The Secretaries shall ensure that the membership of the advisory council is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory council. (f) Terms (1) Staggered terms Members of the advisory council shall be appointed for terms of 3 years, except that, of the members first appointed, 4 of the members shall be appointed for a term of 1 year and 4 of the members shall be appointed for a term of 2 years. (2) Reappointment A member may be reappointed to serve on the advisory council upon the expiration of the member’s current term. (3) Vacancy A vacancy on the advisory council shall be filled in the same manner as the original appointment. (g) Quorum A quorum shall be six members of the advisory council. The operations of the advisory council shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained. (h) Chairperson and procedures The advisory council shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable. (i) Service without compensation Members of the advisory council shall serve without pay. (j) Termination The advisory committee shall cease to exist— (1) on the date that is five years after the date on which the management plan is officially adopted by the Secretaries; or (2) on such later date as the Secretaries consider appropriate. 7. Water Nothing in this Act— (1) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; (2) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (3) affects any interstate water compact in existence on the date of enactment of this Act; (4) authorizes or imposes any new reserved Federal water rights; (5) relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act; (6) impairs the ability of the Bureau of Reclamation and its managing partners to operate, maintain, or manage Monticello Dam, Lake Berryessa, and other Solano Project facilities in accordance with the purposes of such project; (7) modifies, changes, or supersedes any water contract or agreements approved or administered by the Bureau of Reclamation or Solano County Water Agency or Solano Irrigation District; or (8) affects the use of motorized or nonmotorized watercraft (including personal, commercial, and recreational watercraft) on Lake Berryessa.

https://www.govinfo.gov/content/pkg/BILLS-113hr1025ih/xml/BILLS-113hr1025ih.xml

113-hr-1026

I 113th CONGRESS 1st Session H. R. 1026 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. Neugebauer (for himself and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To exempt certain class A CDL drivers from the requirement to obtain a hazardous material endorsement while operating a service vehicle with a fuel tank containing 3,785 liters (1,000 gallons) or less of diesel fuel. 1. Hazardous material endorsement exemption (a) Exclusion Section 5117(d)(1) of title 49, United States Code, is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) a service vehicle carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or less that is— (i) driven by a class A commercial driver's license holder who is a custom harvester, an agricultural retailer, an agricultural business employee, an agricultural cooperative employee, or an agricultural producer; and (ii) clearly marked with a placard reading Diesel Fuel . . (b) Exemption Section 31315(b) of title 49, United States Code, is amended by adding at the end the following: (8) Hazardous materials endorsement exemption The Secretary shall exempt all class A commercial driver's license holders who are custom harvesters, agricultural retailers, agricultural business employees, agricultural cooperative employees, or agricultural producers from the requirement to obtain a hazardous material endorsement under part 383 of title 49, Code of Federal Regulations, while operating a service vehicle carrying diesel fuel in quantities of 3,785 liters (1,000 gallons) or less if the tank containing such fuel is clearly marked with a placard reading Diesel Fuel . .

https://www.govinfo.gov/content/pkg/BILLS-113hr1026ih/xml/BILLS-113hr1026ih.xml

113-hr-1027

I 113th CONGRESS 1st Session H. R. 1027 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. Peters of Michigan introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To provide for a program of research, development, demonstration, and commercial application in vehicle technologies at the Department of Energy. 1. Short title This Act may be cited as the Advanced Vehicle Technology Act of 2013 . 2. Findings Congress finds the following: (1) According to the Energy Information Administration, the transportation sector accounts for approximately 28 percent of the United States primary energy demand and greenhouse gas emissions, and 24 percent of global oil demand. (2) The United States transportation sector is over 95 percent dependent on petroleum, and over 60 percent of petroleum demand is met by imported supplies. (3) United States heavy truck fuel consumption will increase 21 percent by 2030, while overall transportation energy use will decline by 2 percent. (4) The domestic automotive and commercial vehicle manufacturing sectors have increasingly limited resources for research, development, and engineering of advanced technologies. (5) Vehicle, engine, and component manufacturers are playing a more important role in vehicle technology development, and should be better integrated into Federal research efforts. (6) Priorities for the Department of Energy’s vehicle technologies research have shifted drastically in recent years among diesel hybrids, hydrogen fuel cell vehicles, and plug-in electric hybrids, with little continuity among them. (7) The integration of vehicle, communication, and infrastructure technologies has great potential for efficiency gains through better management of the total transportation system. (8) The Federal Government should balance its role in researching longer-term exploratory concepts and developing nearer-term transformational technologies for vehicles. 3. Objectives The objectives of this Act are to— (1) develop United States technologies and practices that— (A) improve the fuel efficiency and emissions of all vehicles produced in the United States; and (B) reduce vehicle reliance on petroleum-based fuels; (2) support domestic research, development, engineering, demonstration, and commercial application and manufacturing of advanced vehicles, engines, and components; (3) enable vehicles to move larger volumes of goods and more passengers with less energy and emissions; (4) develop cost-effective advanced technologies for wide-scale utilization throughout the passenger, commercial, government, and transit vehicle sectors; (5) allow for greater consumer choice of vehicle technologies and fuels; (6) shorten technology development and integration cycles in the vehicle industry; (7) ensure a proper balance and diversity of Federal investment in vehicle technologies; and (8) strengthen partnerships between Federal and State governmental agencies and the private and academic sectors. 4. Definitions For the purposes of this Act: (1) Department The term Department means the Department of Energy. (2) Secretary The term Secretary means the Secretary of Energy. 5. Authorization of appropriations There are authorized to be appropriated to the Secretary for United States research, development, engineering, demonstration, and commercial application of vehicles and related technologies, including activities authorized under this Act, such sums as may be necessary for each of fiscal years 2014 through 2018. I Vehicle Research and Development 101. Program (a) Activities The Secretary shall conduct a program of basic and applied research, development, engineering, demonstration, and commercial application activities on materials, technologies, and processes with the potential to substantially reduce or eliminate petroleum use and the emissions of the Nation’s passenger and commercial vehicles, including activities in the areas of— (1) hybridization or full electrification of vehicle systems; (2) batteries and other energy storage devices; (3) power electronics; (4) vehicle, component, and subsystem manufacturing technologies and processes; (5) engine efficiency and combustion optimization; (6) waste heat recovery; (7) transmission and drivetrains; (8) hydrogen vehicle technologies, including fuel cells and internal combustion engines, and hydrogen infrastructure; (9) compressed natural gas vehicle technologies; (10) aerodynamics, rolling resistance, and accessory power loads of vehicles and associated equipment; (11) vehicle weight reduction, including lightweighting materials; (12) friction and wear reduction; (13) engine and component durability; (14) innovative propulsion systems; (15) advanced boosting systems; (16) hydraulic hybrid technologies; (17) engine compatibility with and optimization for a variety of transportation fuels including natural gas and other liquid and gaseous fuels; (18) predictive engineering, modeling, and simulation of vehicle and transportation systems; (19) refueling and charging infrastructure for alternative fueled and electric or plug-in electric hybrid vehicles, including the unique challenges facing rural areas; (20) gaseous fuels storage systems and system integration and optimization; (21) sensing, communications, and actuation technologies for vehicle, electrical grid, and infrastructure; (22) efficient use, substitution, and recycling of potentially critical materials in vehicles, including rare earth elements and precious metals, at risk of supply disruption; (23) aftertreatment technologies; (24) thermal management of battery systems; (25) retrofitting advanced vehicle technologies to existing vehicles; (26) development of common standards, specifications, and architectures for both transportation and stationary battery applications; (27) advanced internal combustion engines; (28) mild hybrid; (29) engine down speeding; and (30) other research areas as determined by the Secretary. (b) Transformational technology The Secretary shall ensure that the Department continues to support research, development, engineering, demonstration, and commercial application activities and maintains competency in mid- to long-term transformational vehicle technologies with potential to achieve deep reductions in petroleum use and emissions, including activities in the areas of— (1) hydrogen vehicle technologies, including fuel cells, internal combustion engines, hydrogen storage, infrastructure, and activities in hydrogen technology validation and safety codes and standards; (2) multiple battery chemistries and novel energy storage devices, including nonchemical batteries and electromechanical storage technologies such as hydraulics, flywheels, and compressed air storage; (3) communication and connectivity among vehicles, infrastructure, and the electrical grid; and (4) other innovative technologies research and development, as determined by the Secretary. (c) Industry participation To the maximum extent practicable, activities under this Act shall be carried out in partnership or collaboration with automotive manufacturers, heavy commercial, vocational, and transit vehicle manufacturers, qualified plug-in electric vehicle manufacturers, compressed natural gas vehicle manufacturers, vehicle and engine equipment and component manufacturers, manufacturing equipment manufacturers, advanced vehicle service providers, fuel producers and energy suppliers, electric utilities, universities, national laboratories, and independent research laboratories. In carrying out this Act the Secretary shall— (1) determine whether a wide range of companies that manufacture or assemble vehicles or components in the United States are represented in ongoing public private partnership activities, including firms that have not traditionally participated in federally sponsored research and development activities, and where possible, partner with such firms that conduct significant and relevant research and development activities in the United States; (2) leverage the capabilities and resources of, and formalize partnerships with, industry-led stakeholder organizations, nonprofit organizations, industry consortia, and trade associations with expertise in the research and development of, and education and outreach activities in, advanced automotive and commercial vehicle technologies; (3) develop more efficient processes for transferring research findings and technologies to industry; (4) give consideration to conversion of existing or former vehicle technology development or manufacturing facilities for the purposes of this Act; (5) establish and support public-private partnerships, dedicated to overcoming barriers in commercial application of transformational vehicle technologies, that utilize such industry-led technology development facilities of entities with demonstrated expertise in successfully designing and engineering pre-commercial generations of such transformational technology; and (6) promote efforts to ensure that technology research, development, engineering, and commercial application activities funded under this Act are carried out in the United States. (d) Interagency and intraagency coordination To the maximum extent practicable, the Secretary shall coordinate research, development, demonstration, and commercial application activities among— (1) relevant programs within the Department, including— (A) the Office of Energy Efficiency and Renewable Energy; (B) the Office of Science; (C) the Office of Electricity Delivery and Energy Reliability; (D) the Office of Fossil Energy; (E) the Advanced Research Projects Agency—Energy; and (F) other offices as determined by the Secretary; and (2) relevant technology research and development programs within other Federal agencies, as determined by the Secretary. (e) Coordination and nonduplication In coordinating activities the Secretary shall ensure, to the maximum extent practicable, that activities do not duplicate those of other programs within the Department or other relevant research agencies. (f) Federal demonstration of technologies The Secretary shall make information available to procurement programs of Federal agencies regarding the potential to demonstrate technologies resulting from activities funded through programs under this Act. (g) Intergovernmental coordination The Secretary shall seek opportunities to leverage resources and support initiatives of State and local governments in developing and promoting advanced vehicle technologies, manufacturing, and infrastructure. (h) Criteria When awarding grants under this program, the Secretary shall give priority to those technologies (either individually or as part of a system) that— (1) provide the greatest aggregate fuel savings based on the reasonable projected sales volumes of the technology; and (2) provide the greatest increase in United States employment. 102. Sensing and communications technologies The Secretary, in coordination with the relevant research programs of other Federal agencies, shall conduct research, development, engineering, and demonstration activities on connectivity of vehicle and transportation systems, including on sensing, computation, communication, and actuation technologies that allow for reduced fuel use, optimized traffic flow, and vehicle electrification, including technologies for— (1) onboard vehicle, engine, and component sensing and actuation; (2) vehicle-to-vehicle sensing and communication; (3) vehicle-to-infrastructure sensing and communication; and (4) vehicle integration with the electrical grid. 103. Manufacturing The Secretary shall carry out a research, development, engineering, demonstration, and commercial application program of advanced vehicle manufacturing technologies and practices, including innovative processes to— (1) increase the production rate and decrease the cost of advanced battery manufacturing; (2) vary the capability of individual manufacturing facilities to accommodate different battery chemistries and configurations; (3) reduce waste streams, emissions, and energy intensity of vehicle, engine, advanced battery and component manufacturing processes; (4) recycle and remanufacture used batteries and other vehicle components for reuse in vehicles or stationary applications; (5) produce cost-effective lightweight materials such as advanced metal alloys, polymeric composites, and carbon fiber; (6) produce lightweight high pressure storage systems for gaseous fuels; (7) design and manufacture purpose-built hydrogen and fuel cell vehicles and components; (8) improve the calendar life and cycle life of advanced batteries; and (9) produce permanent magnets for advanced vehicles. 104. User testing facilities Activities under this Act may include construction, expansion, or modification of new and existing vehicle, engine, and component research and testing facilities for— (1) testing or simulating interoperability of a variety of vehicle components and systems; (2) subjecting whole or partial vehicle platforms to fully representative duty cycles and operating conditions; (3) developing and demonstrating a range of chemistries and configurations for advanced vehicle battery manufacturing; and (4) developing and demonstrating test cycles for new and alternative fuels, and other advanced vehicle technologies. 105. Reporting (a) Technologies developed Not later than 18 months after the date of enactment of this Act and annually thereafter through 2019, the Secretary of Energy shall transmit to Congress a report regarding the technologies developed as a result of the activities authorized by this title, with a particular emphasis on whether the technologies were successfully adopted for commercial applications, and if so, whether products relying on those technologies are manufactured in the United States. (b) Additional matters At the end of each fiscal year through 2019 the Secretary shall submit to the relevant congressional committees of jurisdiction an annual report describing activities undertaken in the previous year under this title, active industry participants, efforts to recruit new participants committed to design, engineering, and manufacturing of advanced vehicle technologies in the United States, progress of the program in meeting goals and timelines, and a strategic plan for funding of activities across agencies. II Medium- and Heavy-Duty Commercial and Transit Vehicles 201. Program (a) In general The Secretary, in partnership with relevant research and development programs in other Federal agencies, and a range of appropriate industry stakeholders, shall carry out a program of cooperative research, development, demonstration, and commercial application activities on advanced technologies for medium- to heavy-duty commercial, vocational, recreational, and transit vehicles, including activities in the areas of— (1) engine efficiency and combustion research; (2) onboard storage technologies for compressed and liquefied natural gas; (3) development and integration of engine technologies designed for natural gas operation of a variety of vehicle platforms; (4) waste heat recovery and conversion; (5) improved aerodynamics and tire rolling resistance; (6) energy and space-efficient emissions control systems; (7) mild hybrid, heavy hybrid, hybrid hydraulic, plug-in hybrid, and electric platforms, and energy storage technologies; (8) drivetrain optimization; (9) friction and wear reduction; (10) engine idle and parasitic energy loss reduction; (11) electrification of accessory loads; (12) onboard sensing and communications technologies; (13) advanced lightweighting materials and vehicle designs; (14) increasing load capacity per vehicle; (15) thermal management of battery systems; (16) recharging infrastructure; (17) compressed natural gas infrastructure; (18) advanced internal combustion engines; (19) complete vehicle and power pack modeling, simulation, and testing; (20) hydrogen vehicle technologies, including fuel cells and internal combustion engines, and hydrogen infrastructure; (21) retrofitting advanced technologies onto existing truck fleets; (22) advanced boosting systems; (23) engine down speeding; and (24) integration of these and other advanced systems onto a single truck and trailer platform. (b) Leadership The Secretary shall appoint a full-time Director to coordinate research, development, demonstration, and commercial application activities in medium- to heavy-duty commercial, recreational, and transit vehicle technologies. Responsibilities of the Director shall be to— (1) improve coordination and develop consensus between government agency and industry partners, and propose new processes for program management and priority setting to better align activities and budgets among partners; (2) regularly convene workshops, site visits, demonstrations, conferences, investor forums, and other events in which information and research findings are shared among program participants and interested stakeholders; (3) develop a budget for the Department’s activities with regard to the interagency program, and provide consultation and guidance on vehicle technology funding priorities across agencies; (4) determine a process for reviewing program technical goals, targets, and timetables and, where applicable, aided by life-cycle impact and cost analysis, propose revisions or elimination based on program progress, available funding, and rate of technology adoption; (5) evaluate ongoing activities of the program and recommend project modifications, including the termination of projects, where applicable; (6) recruit new industry participants to the interagency program, including truck, trailer, and component manufacturers who have not traditionally participated in federally sponsored research and technology development activities; and (7) other responsibilities as determined by the Secretary, in consultation with interagency and industry partners. (c) Reporting At the end of each fiscal year, the Secretary shall submit to the Congress an annual report describing activities undertaken in the previous year, active industry participants, efforts to recruit new participants, progress of the program in meeting goals and timelines, and a strategic plan for funding of activities across agencies. 202. Class 8 truck and trailer systems demonstration The Secretary shall conduct a competitive grant program to demonstrate the integration of multiple advanced technologies on Class 8 truck and trailer platforms with a goal of improving overall freight efficiency, as measured in tons and volume of freight hauled or other work performance-based metrics, by 50 percent, including a combination of technologies listed in section 201(a). Applicant teams may be comprised of truck and trailer manufacturers, engine and component manufacturers, fleet customers, university researchers, and other applicants as appropriate for the development and demonstration of integrated Class 8 truck and trailer systems. 203. Technology testing and metrics The Secretary, in coordination with the partners of the interagency research program described in section 201(a)— (1) shall develop standard testing procedures and technologies for evaluating the performance of advanced heavy vehicle technologies under a range of representative duty cycles and operating conditions, including for heavy hybrid propulsion systems; (2) shall evaluate heavy vehicle performance using work performance-based metrics other than those based on miles per gallon, including those based on units of volume and weight transported for freight applications, and appropriate metrics based on the work performed by nonroad systems; and (3) may construct heavy duty truck and bus testing facilities. 204. Nonroad systems pilot program The Secretary shall undertake a pilot program of research, development, demonstration, and commercial applications of technologies to improve total machine or system efficiency for nonroad mobile equipment including agricultural and construction equipment, and shall seek opportunities to transfer relevant research findings and technologies between the nonroad and on-highway equipment and vehicle sectors.

https://www.govinfo.gov/content/pkg/BILLS-113hr1027ih/xml/BILLS-113hr1027ih.xml

113-hr-1028

I 113th CONGRESS 1st Session H. R. 1028 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on Financial Services A BILL To ensure that any authority of the Mutual Mortgage Insurance Fund to borrow amounts from the Treasury is used only to pay mortgage insurance claims. 1. Short title This Act may be cited as the End Unnecessary Borrowing Act of 2013 . 2. Limitation on use of borrowing authority Paragraph (2) of section 205(f) of the National Housing Act ( 12 U.S.C. 1711(f)(2) ) is amended— (1) by inserting (A) after (2) ; and (2) by adding at the end the following new subparagraphs: (B) Subparagraph (A) may not be construed to authorize or require the Secretary to borrow any amounts to comply with the capital ratio requirement under such subparagraph. (C) Notwithstanding any other provision of law, any authority of the Secretary under this Act or otherwise to borrow amounts from the Treasury of the United States for the Mutual Mortgage Insurance Fund may be used only to the extent necessary to pay claims on mortgage insurance that is an obligation of such Fund. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1028ih/xml/BILLS-113hr1028ih.xml

113-hr-1029

I 113th CONGRESS 1st Session H. R. 1029 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. DeFazio (for himself, Ms. Brown of Florida , Ms. Slaughter , Ms. Moore , and Mr. Conyers ) 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 apply payroll taxes to remuneration and earnings from self-employment up to the contribution and benefit base and to remuneration in excess of $250,000. 1. Short title This Act may be cited as the No Loopholes in Social Security Taxes Act . 2. Payroll tax on remuneration up to contribution and benefit base and more than $250,000 (a) In general Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by inserting after such calendar year. the following: The preceding sentence shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $250,000, and, for such calendar years, only to so much of the remuneration paid to such employee by such employer with respect to employment as does not exceed $250,000. . (b) Conforming amendment Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by striking Act) to and inserting Act), or in excess of $250,000, to . (c) Effective date The amendments made by this section shall apply to remuneration paid after December 31, 2013. 3. Tax on net earnings from self-employment up to contribution and benefit base and more than $250,000 (a) In general Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) in the case of the tax imposed by section 1401(a), the excess of— (A) that part of the net earnings from self-employment which is in excess of— (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus (ii) the amount of the wages paid to such individual during such taxable years; over (B) that part of the net earnings from self-employment which is in excess of the sum of— (i) the excess of— (I) the net earning from self-employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over (II) $250,000, reduced by such contribution and benefit base, plus (ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $250,000; or . (b) Phaseout Subsection (b) of section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000. . (c) Effective date The amendments made by this section shall apply to net earnings from self-employment derived, and remuneration paid, after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1029ih/xml/BILLS-113hr1029ih.xml

113-hr-1030

I 113th CONGRESS 1st Session H. R. 1030 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. DeFazio introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Energy and Commerce 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 require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security and Medicare benefits under titles II and XVIII of the Social Security Act. 1. Short title This Act may be cited as the Consumer Price Index for Elderly Consumers Act of 2013 . 2. Consumer Price Index for Elderly Consumers (a) In general The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective date Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. 3. Computation of cost-of-living increases (a) Amendments to title II (1) In general Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) ) is amended— (A) in paragraph (1)(G), by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index ; and (B) in paragraph (4), by striking and by section 9001 and inserting , by section 9001 , and by inserting after 1986, the following: and by section 3(a) of the Consumer Price Index for Elderly Consumers Act of 2013 , . (2) Conforming amendments in applicable former law Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index . (3) Effective date The amendments made by paragraph (1) shall apply to determinations made with respect to cost-of-living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. (b) Amendments to Title XVIII (1) In general Title XVIII of such Act ( 42 U.S.C. 1395 et seq. ) is amended— (A) in section 1814(i)(2)(B) ( 42 U.S.C. 1395f(i)(2)(B) ), by inserting (i) for accounting years ending before October 1 of the second calendar year following the calendar year in which the Consumer Price Index for Elderly Consumers Act of 2013 was enacted, after for a year is , and by inserting after fifth month of the accounting year the following: , and (ii) for accounting years ending after October 1 of such calendar year, the cap amount determined under clause (i) for the last accounting year referred to in such clause, increased or decreased by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category (or corresponding category) of the Consumer Price Index for Elderly Consumers, published by the Bureau of Labor Statistics, from March of such calendar year to the fifth month of the accounting year ; (B) in section 1821(c)(2)(C)(ii)(II) ( 42 U.S.C. 1395i–5(c)(2)(C)(ii)(II) ), by striking consumer price index for all urban consumers (all items; United States city average) and inserting Consumer Price Index for Elderly Consumers ; (C) in section 1833(h)(2)(A)(i) ( 42 U.S.C. 1395l(h)(2)(A)(i) ) by striking Consumer Price Index for All Urban Consumers (United States city average) and inserting Consumer Price Index for Elderly Consumers ; (D) in section 1833(i)(2)(C)(i) ( 42 U.S.C. 1395l(i)(2)(C)(i) ), by striking Consumer Price Index for all urban consumers (U.S. city average) and inserting Consumer Price Index for Elderly Consumers ; (E) in section 1834(a)(14)(L) ( 42 U.S.C. 1395m(a)(14)(L) ), by striking consumer price index for all urban consumers (U.S. urban average) and inserting applicable consumer price index ; (F) in section 1834(h)(4)(A)(xi)(I) ( 42 U.S.C. 1395m(h)(4)(A)(xi)(I) ), by striking consumer price index for all urban consumers (United States city average) and inserting Consumer Price Index for Elderly Consumers ; (G) in section 1834(l)(3)(B) ( 42 U.S.C. 1395m(l)(3)(B) ), by striking consumer price index for all urban consumers (U.S. city average) and inserting Consumer Price Index for Elderly Consumers ; (H) in section 1839(i)(5)(A)(ii) ( 42 U.S.C. 1395r(i)(5)(A)(ii) ), by striking Consumer Price Index (United States city average) and inserting Consumer Price Index for Elderly Consumers ; (I) in section 1842(s)(1)(B)(ii)(I) (42 U.S.C. 1395u(s)(1)(B)(ii)(I)), by striking consumer price index for all urban consumers (United States city average) and inserting Consumer Price Index for Elderly Consumers ; (J) in each of subparagraphs (D)(ii) and (E)(i)(II) of section 1860D–14(a)(3) (42 U.S.C. 1395w–114(a)(3)) and in section 1860D–14(a)(4)(A)(ii) (42 U.S.C. 1395w–114(a)(4)(A)(ii)), by striking consumer price index (all items; U.S. city average) and inserting Consumer Price Index for Elderly Consumers ; (K) in section 1882(p)(11)(C)(ii) ( 42 U.S.C. 1395ss(p)(11)(C)(ii) ), by striking Consumer Price Index for all urban consumers (all items; U.S. city average) and inserting Consumer Price Index for Elderly Consumers ; (L) in each of clauses (iv) and (vi)(II) of section 1886(h)(2)(E) ( 42 U.S.C. 1395ww(h)(2)(E) ), by striking for all urban consumers ; and (M) in section 1886(h)(5)(B) ( 42 U.S.C. 1395ww(h)(5)(B) ), by striking Consumer Price Index for All Urban Consumers (United States city average) and inserting Consumer Price Index for Elderly Consumers . (2) Effective date The amendments made by paragraph (1) shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.

https://www.govinfo.gov/content/pkg/BILLS-113hr1030ih/xml/BILLS-113hr1030ih.xml

113-hr-1031

I 113th CONGRESS 1st Session H. R. 1031 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. DeFazio introduced the following bill; which was referred to the Committee on Ways and Means , 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 amend title II of the Social Security Act to ensure that the receipts and disbursements of the Social Security trust funds are not included in a unified Federal budget and to provide that Social Security contributions are used to protect Social Security solvency by mandating that Trust Fund monies cannot be diverted to create private accounts. 1. Short title This Act may be cited as the Social Security Protection and Truth in Budgeting Act of 2013 . 2. Exclusion of the Social Security trust funds from the unified Federal budget (a) In general Section 201 of the Social Security Act ( 42 U.S.C. 401 ) is amended by adding at the end the following new subsection: (o) (1) The receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (including taxes upon which any such receipts are based)— (A) shall not be included in the Federal budget baseline for any fiscal year, and (B) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of— (i) offsetting any tax decrease, or (ii) offsetting any spending increase. (2) Any official statement issued by the Office of Management and Budget or by the Congressional Budget Office of surplus or deficit totals of the budget of the United States Government as submitted by the President or of the surplus or deficit totals of the congressional budget, and any description of, or reference to, such totals in any official publication or material issued by either of such Offices, shall exclude the receipts and disbursements totals of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (including taxes upon which any such receipts are based). . (b) Effective date The amendment made by this section shall apply to fiscal years beginning on or after October 1, 2013. 3. Protection of social security solvency Those amounts, equal to taxes imposed under sections 1401 and 3101 of the Internal Revenue Code of 1986 and taxes imposed under chapter 1 of such Code to the extent attributable to section 86 of such Code, which are made available to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the applicable provisions of law as in effect on the date of the enactment of this Act, shall be available solely for the purposes of the old-age, survivors, and disability insurance program under title II of the Social Security Act, as in effect on such date, and shall not be available for the establishment or funding of private accounts.

https://www.govinfo.gov/content/pkg/BILLS-113hr1031ih/xml/BILLS-113hr1031ih.xml

113-hr-1032

I 113th CONGRESS 1st Session H. R. 1032 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. Gardner (for himself, Mr. Polis , Mr. Lowenthal , Mr. Meadows , Mr. Jones , and Mr. Gibson ) 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 access to Coverdell education savings accounts. 1. Short title This Act may be cited as the Making College Affordable Act of 2013 . 2. Expansion of Coverdell education savings accounts (a) Increase in age limitation of beneficiary after which contributions to account cannot be made Clause (ii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking age 18 and inserting age 26 . (b) Increase in annual dollar limitation on contributions to account (1) In general Clause (iii) of section 530(b)(1)(A) of such Code is amended by striking $2,000 and inserting $10,000 . (2) Inflation adjustment Subsection (b) of section 530 of such Code is amended by adding at the end the following new paragraph: (5) Inflation adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2013, the dollar amount in paragraph (1)(A)(iii) 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, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding rule If any increase determined under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. . (c) Effective dates (1) Increase in age limitation The amendments made by subsection (a) shall apply to contributions made after the date of the enactment of this Act. (2) Increase in annual dollar limitation on contributions The amendments made by subsection (b) shall apply to contributions made in taxable years ending after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1032ih/xml/BILLS-113hr1032ih.xml

113-hr-1033

I 113th CONGRESS 1st Session H. R. 1033 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. Holt (for himself and Mr. Wittman ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the acquisition and protection of nationally significant battlefields and associated sites of the Revolutionary War and the War of 1812 under the American Battlefield Protection Program. 1. Short title This Act may be cited as the American Battlefield Protection Program Amendments Act of 2013 . 2. Revolutionary War and War of 1812 American battlefield protection Section 7301(c) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ) is amended as follows: (1) In paragraph (1)— (A) by striking subparagraph (A) and inserting the following: (A) Battlefield report The term battlefield report means, collectively— (i) the report entitled Report on the Nation’s Civil War Battlefields , prepared by the Civil War Sites Advisory Commission, and dated July 1993; and (ii) the report entitled Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States , prepared by the National Park Service, and dated September 2007. ; and (B) in subparagraph (C)(ii), by striking Battlefield Report and inserting battlefield report . (2) In paragraph (2), by inserting eligible sites or after acquiring . (3) In paragraph (3), by inserting an eligible site or after acquire . (4) In paragraph (4), by inserting an eligible site or after acquiring . (5) In paragraph (5), by striking An and inserting An eligible site or an . (6) By redesignating paragraph (6) as paragraph (9). (7) By inserting after paragraph (5) the following new paragraphs: (6) Willing Sellers Acquisition of land or interests in land under this subsection shall be from willing sellers only. (7) Report Not later than 5 years after the date of the enactment of this subsection, the Secretary shall submit to Congress a report on the activities carried out under this subsection, including a description of— (A) preservation activities carried out at the battlefields and associated sites identified in the battlefield report during the period between publication of the battlefield report and the report required under this paragraph; (B) changes in the condition of the battlefields and associated sites during that period; and (C) any other relevant developments relating to the battlefields and associated sites during that period. (8) Prohibition on lobbying (A) In general None of the funds provided pursuant to this section may be used for purposes of lobbying any person or entity regarding the implementation of this section or be granted, awarded, contracted, or otherwise be made available to any person, organization, or entity that participates in such lobbying. (B) Lobbying defined For purposes of this paragraph, the term lobbying means to directly or indirectly pay for any personal service, advertisement, telegram, telephone call, letter, printed or written matter, or other device intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government to favor, adopt, or oppose by vote or otherwise, any legislation, law, ratification, policy, land use plan (including zoning), or appropriation of funds before or after the introduction of any bill, resolution, or other measure proposing such legislation, law, ratification, policy, or appropriation. . (8) In paragraph (9) (as redesignated by paragraph (6)), by striking 2013 and inserting 2018 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1033ih/xml/BILLS-113hr1033ih.xml

113-hr-1034

I 113th CONGRESS 1st Session H. R. 1034 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. Larsen of Washington (for himself and Ms. DelBene ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the San Juan Islands National Conservation Area in the San Juan Islands, Washington, and for other purposes. 1. Short title This Act may be cited as the San Juan Islands National Conservation Area Act . 2. Findings; purposes (a) Findings Congress finds that— (1) the land managed by the Bureau of Land Management in the San Juan Archipelago in the State of Washington comprising nearly 1,000 acres of small islands, rocks and reef, headlands, historic lighthouses, and ecologically important areas is of great value to people in the State of Washington and the United States; (2) the area described in paragraph (1)— (A) provides recreational opportunities for hiking, wildlife viewing, boating, picnicking, photography, sea kayaking, and camping; (B) is enjoyed by the 15,844 year-round residents of the area; (C) provides attractions for many of the more than 750,000 visitors to San Juan Island County each year; (D) preserves important local, national, and tribal cultural and historic sites, such as— (i) lighthouses on Patos Island, Turn Point, and Cattle Point, which are registered as State Historic Structures; (ii) numerous archaeological sites, including shell middens, plank-house sites, and burial markers; and (iii) areas of cultural importance, including ancient Coast Salish camas cultivation sites, homesteads, reef-net sites, and settler cabins; (E) includes vanishing coastal flower meadows, spruce bogs, groves of Garry oaks and endemic coastal junipers, and other rare and fragile ecosystems that support numerous plant species and provide nesting habitat for seabirds, songbirds, bats, and other small native mammals; (F) is used by several nonprofit, government, and educational organizations for scientific research and education, including the San Juan Islands Experimental Education Outdoor Classroom; (G) was identified by the Secretary of the Interior in November 2011 as 1 of 18 areas of public land in 9 States that was a crown jewel warranting immediate and permanent protection by Congress; and (H) the establishment of the San Juan Islands National Conservation Area is the best way to preserve, protect, enhance, and restore a landscape that is of local and national importance. (b) Purposes The purposes of this Act are— (1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and (2) to protect each species that is— (A) located in the National Conservation Area; and (B) listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)). 3. Definitions In this Act: (1) Advisory Council The term Advisory Council means the San Juan Islands National Conservation Area Advisory Council established under section 4(e). (2) Management plan The term management plan means the management plan for the National Conservation Area developed under section 4(b). (3) National Conservation Area The term National Conservation Area means the San Juan Islands National Conservation Area established by section 4(a). (4) Secretary The term Secretary means the Secretary of the Interior. 4. San Juan Islands National Conservation Area (a) Establishment Subject to valid existing rights, there is established in the State of Washington the San Juan Islands National Conservation Area, consisting of approximately 1,000 acres of public land in the State of Washington, as generally depicted on the map entitled Proposed San Juan Islands National Conservation Area and dated June 30, 2011. (b) Management plan (1) In general Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area. (2) Consultation In developing the management plan required under paragraph (1), the Secretary shall consult with— (A) appropriate State, tribal, and local governmental entities; and (B) members of the public. (c) Management (1) In general The Secretary shall manage the National Conservation Area— (A) in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and (B) in accordance with— (i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (ii) this Act; and (iii) any other applicable law (including regulations). (2) Uses The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in section 2(b). (3) Motorized vehicles Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles. (4) Wildland fire operations Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this Act. (5) Invasive Species and Noxious Weeds In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the National Conservation Area. (6) Tribal cultural uses The Secretary shall, in consultation with Indian tribes— (A) ensure the protection of religious and cultural sites in the National Conservation Area; and (B) provide access to the sites by members of Indian tribes for traditional cultural and customary uses, consistent with Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 ). (d) No Buffer Zones (1) In general Nothing in this Act creates a protective perimeter or buffer zone around the National Conservation Area. (2) Activities outside conservation area The fact that an activity or use on land outside the National Conservation Area can be seen or heard within the National Conservation Area shall not preclude the activity or use outside the boundary of the National Conservation Area. (3) Acquisition of Land (A) In general The Secretary may acquire non-Federal land within the boundaries of the National Conservation Area only through exchange, donation, or purchase from a willing seller. (B) Management Land acquired under subparagraph (A) shall become part of the National Conservation Area. (e) Advisory council (1) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the San Juan Islands National Conservation Area Advisory Council . (2) Members (A) Composition The Advisory Council shall be composed of 7 members, to be appointed by the Secretary. (B) Qualifications To the maximum extent practicable, the members appointed under subparagraph (A) shall— (i) reside in or within reasonable proximity to San Juan County, Washington; (ii) have backgrounds that reflect— (I) the purposes for which the National Conservation Area was established; and (II) the interests of the stakeholders that are affected by the planning and management of the National Conservation Area; and (iii) be fairly balanced in terms of the points of view represented and the functions to be performed by the Advisory Council. (3) Duties The Advisory Council shall advise the Secretary with respect to the preparation and implementation of the management plan. (4) Applicable Law The Advisory Council shall be subject to— (A) the Federal Advisory Committee Act (5 U.S.C. App.); and (B) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (5) Termination The Advisory Council shall terminate on the date that is 1 year after the date on which the management plan is adopted by the Secretary. (f) Incorporation of acquired land and interests Any land acquired by the United States after the date of enactment of this Act that is located in the National Conservation Area shall— (1) become part of the National Conservation Area; and (2) be managed in accordance with— (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (g) Withdrawal (1) In general Subject to valid existing rights, all Federal land (including interests in the Federal land) located in the National Conservation Area is withdrawn from— (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patenting under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Additional land Any land acquired by the United States after the date of enactment of this Act that is located in the National Conservation Area shall be withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land. (h) Effect Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe.

https://www.govinfo.gov/content/pkg/BILLS-113hr1034ih/xml/BILLS-113hr1034ih.xml

113-hr-1035

I 113th CONGRESS 1st Session H. R. 1035 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Ms. Moore (for herself and Mr. Bachus ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require a study of voluntary community-based flood insurance options and how such options could be incorporated into the national flood insurance program, and for other purposes. 1. Studies of voluntary community-based flood insurance options (a) Study (1) Study required The Administrator of the Federal Emergency Management Agency shall conduct a study to assess options, methods, and strategies for making available voluntary community-based flood insurance policies through the National Flood Insurance Program. (2) Considerations The study conducted under paragraph (1) shall— (A) take into consideration and analyze how voluntary community-based flood insurance policies— (i) would affect communities having varying economic bases, geographic locations, flood hazard characteristics or classifications, and flood management approaches; and (ii) could satisfy the applicable requirements under section 102 of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a ); and (B) evaluate the advisability of making available voluntary community-based flood insurance policies to communities, subdivisions of communities, and areas of residual risk. (3) Consultation In conducting the study required under paragraph (1), the Administrator may consult with the Comptroller General of the United States, as the Administrator determines is appropriate. (b) Report by the administrator (1) Report required Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains the results and conclusions of the study conducted under subsection (a). (2) Contents The report submitted under paragraph (1) shall include recommendations for— (A) the best manner to incorporate voluntary community-based flood insurance policies into the National Flood Insurance Program; and (B) a strategy to implement voluntary community-based flood insurance policies that would encourage communities to undertake flood mitigation activities, including the construction, reconstruction, or improvement of levees, dams, or other flood control structures. (c) Report by comptroller general Not later than 6 months after the date on which the Administrator submits the report required under subsection (b), the Comptroller General of the United States shall— (1) review the report submitted by the Administrator; and (2) submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains— (A) an analysis of the report submitted by the Administrator; (B) any comments or recommendations of the Comptroller General relating to the report submitted by the Administrator; and (C) any other recommendations of the Comptroller General relating to community-based flood insurance policies.

https://www.govinfo.gov/content/pkg/BILLS-113hr1035ih/xml/BILLS-113hr1035ih.xml

113-hr-1036

I 113th CONGRESS 1st Session H. R. 1036 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. Reichert (for himself, Ms. Herrera Beutler , Ms. DelBene , Mr. Hastings of Washington , Mr. Heck of Washington , Mr. Kilmer , Mr. Larsen of Washington , Mr. McDermott , Mrs. McMorris Rodgers , and Mr. Smith of Washington ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 103 Center Street West in Eatonville, Washington, as the National Park Ranger Margaret Anderson Post Office . 1. National Park Ranger Margaret Anderson Post Office (a) Designation The facility of the United States Postal Service located at 103 Center Street West in Eatonville, Washington, shall be known and designated as the National Park Ranger Margaret Anderson Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the National Park Ranger Margaret Anderson Post Office .

https://www.govinfo.gov/content/pkg/BILLS-113hr1036ih/xml/BILLS-113hr1036ih.xml

113-hr-1037

I 113th CONGRESS 1st Session H. R. 1037 IN THE HOUSE OF REPRESENTATIVES March 7, 2013 Mr. Tonko (for himself, Ms. Brown of Florida , and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to include occupational therapists as behavioral and mental health professionals for purposes of the National Health Service Corps. 1. Short title This Act may be cited as the Occupational Therapy in Mental Health Act . 2. Including occupational therapists as behavioral and mental health professionals for purposes of the National Health Service Corps Section 331(a)(1)(E)(i) of the Public Health Service Act ( 42 U.S.C. 254d(a)(1)(E)(i) ) is amended by inserting occupational therapists, after psychiatric nurse specialists, .

https://www.govinfo.gov/content/pkg/BILLS-113hr1037ih/xml/BILLS-113hr1037ih.xml

113-hr-1038

I 113th CONGRESS 1st Session H. R. 1038 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. LaMalfa (for himself, Mr. Denham , Mr. Luetkemeyer , Mr. Costa , and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide equal treatment for utility special entities using utility operations-related swaps, and for other purposes. 1. Short title This Act may be cited as the Public Power Risk Management Act of 2013 . 2. Transactions with utility special entities Section 1a(49) of the Commodity Exchange Act ( 7 U.S.C. 1a(49) ) is amended by adding at the end the following: (E) Certain transactions with a utility special entity (i) Transactions in utility operations-related swaps shall be reported pursuant to section 4r. (ii) In making a determination to exempt pursuant to subparagraph (D), the Commission shall treat a utility operations-related swap entered into with a utility special entity, as defined in section 4s(h)(2)(D), as if it were entered into with an entity that is not a special entity, as defined in section 4s(h)(2)(C). . 3. Utility special entity defined Section 4s(h)(2) of the Commodity Exchange Act ( 7 U.S.C. 6s(h)(2) ) is amended by adding at the end the following: (D) Utility special entity For purposes of this Act, the term utility special entity means a special entity, or any instrumentality, department, or corporation of or established by a State or political subdivision of a State, that— (i) owns or operates an electric or natural gas facility or an electric or natural gas operation; (ii) supplies natural gas and or electric energy to another utility special entity; (iii) has public service obligations under Federal, State, or local law or regulation to deliver electric energy or natural gas service to customers; or (iv) is a Federal power marketing agency, as defined in section 3 of the Federal Power Act. . 4. Utility operations-related swap (a) Swap further defined Section 1a(47)(A)(iii) of the Commodity Exchange Act (7 U.S.C. 1a(47)(A)(iii)) is amended— (1) by striking and at the end of subclause (XXI); (2) by adding and at the end of subclause (XXII); and (3) by adding at the end the following: (XXIII) a utility operations-related swap; . (b) Utility operations-Related swap defined Section 1a of such Act (7 U.S.C. 1a) is amended by adding at the end the following: (52) Utility operations-related swap The term utility operations-related swap means a swap that— (A) is entered into to hedge or mitigate a commercial risk; (B) is not a contract, agreement, or transaction based on, derived on, or referencing— (i) an interest rate, credit, equity, or currency asset class; or (ii) a metal, agricultural commodity, or crude oil or gasoline commodity of any grade, except as used as fuel for electric energy generation; and (C) is associated with— (i) the generation, production, purchase, or sale of natural gas or electric energy, the supply of natural gas or electric energy to a utility, or the delivery of natural gas or electric energy service to utility customers; (ii) all fuel supply for the facilities or operations of a utility; (iii) compliance with an electric system reliability obligation; (iv) compliance with an energy, energy efficiency, conservation, or renewable energy or environmental statute, regulation, or government order applicable to a utility; or (v) any other electric energy or natural gas swap to which a utility is a party. . 5. Effective date The amendments made by this Act take effect as if enacted on July 21, 2010.

https://www.govinfo.gov/content/pkg/BILLS-113hr1038ih/xml/BILLS-113hr1038ih.xml

113-hr-1039

I 113th CONGRESS 1st Session H. R. 1039 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Fitzpatrick (for himself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To rescind unobligated amounts for foreign assistance to Egypt, and to appropriate funds for the Department of Defense tuition assistance program. 1. Rescission; appropriation for tuition assistance (a) Rescission of foreign assistance to Egypt (1) In general Of the aggregate unobligated amount available for foreign assistance to Egypt for fiscal year 2013, there is hereby rescinded $500,000,000. (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 to the committees on appropriations of the House of Representatives and the Senate a report describing the amount and account of each rescission under paragraph (1). (b) Appropriation for tuition assistance There is appropriated $500,000,000 for an additional amount to the Department of Defense for fiscal year 2013 for tuition assistance under sections 1784a and 2007 of title 10, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr1039ih/xml/BILLS-113hr1039ih.xml

113-hr-1040

I 113th CONGRESS 1st Session H. R. 1040 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Burgess (for himself, Mr. Cole , Mr. Ross , and Mr. Forbes ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Rules , 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 provide taxpayers a flat tax alternative to the current income tax system. 1. Short title This Act may be cited as the Flat Tax Act . 2. The flat tax (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part VII the following new part: VIII The flat tax Sec. 60. Irrevocable election to be subject to flat tax. Sec. 60A. Tax imposed on individuals. Sec. 60B. Tax imposed on business activities. Sec. 60C. Tax on noncash compensation provided to employees not engaged in business activity. 60. Irrevocable election to be subject to flat tax (a) Individual (1) In general Except as provided in paragraph (2), in lieu of the tax imposed by sections 1 (relating to tax imposed) and 55 (relating to alternative minimum tax imposed), under regulations prescribed by the Secretary, an individual may make an irrevocable election to be subject to the tax imposed by this part. (2) Innocent spouse exception An individual who has made an election under paragraph (1) and who subsequently obtains relief of liability for tax under section 6015(b) may, not later than 1 year after the date such relief is granted, revoke the election made under paragraph (1). (b) Person engaged in business activity In lieu of the tax imposed by sections 11 (relating to tax imposed) and 55 (relating to alternative minimum tax imposed), under regulations prescribed by the Secretary, a person engaged in business activity may make an irrevocable election to be subject to the tax imposed by this part. (c) Disallowance of Credits No credit shall be allowed under this chapter for any taxable year to any person with respect to whom an election under subsection (a) or (b) is in effect. 60A. Tax imposed on individuals (a) In general There is hereby imposed on the taxable income of every individual who makes an election to be subject to this part a tax equal to— (1) 19 percent of the taxable income of such individual for such taxable year in the case of the first 2 taxable years of the individual beginning with the taxable year for which the election is made, and (2) 17 percent of the taxable income of such individual for such taxable year in the case of all taxable years subsequent to the taxable years described in paragraph (1). (b) Taxable income For purposes of this part, the term taxable income means the excess of— (1) the sum of— (A) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash and which are received during the taxable year for services performed in the United States, (B) retirement distributions which are includible in gross income for such taxable year, plus (C) amounts received under any law of the United States or of any State which is in the nature of unemployment compensation, over (2) the standard deduction. (c) Standard deduction For purposes of this part— (1) In general The term standard deduction means the sum of— (A) the basic standard deduction, plus (B) the additional standard deduction. (2) Basic standard deduction For purposes of paragraph (1), the basic standard deduction is— (A) $32,496 in the case of— (i) a joint return, or (ii) a surviving spouse (as defined in section 2(a)), (B) $20,739 in the case of a head of household (as defined in section 2(b)), and (C) $16,248 in the case of an individual— (i) who is not married and who is not a surviving spouse or head of household, or (ii) who is a married individual filing a separate return. (3) Additional standard deduction For purposes of paragraph (1), the additional standard deduction is $6,998 for each dependent (as defined in section 152) who is a qualifying child (as defined in section 152(c)(1)) for the taxable year and who is not required to file a return for such taxable year. (d) Retirement distributions For purposes of this section, the term retirement distribution means any distribution from— (1) a plan described in section 401(a) which includes a trust exempt from tax under section 501(a), (2) an annuity plan described in section 403(a), (3) an annuity contract described in section 403(b), (4) an individual retirement account described in section 408(a), (5) an individual retirement annuity described in section 408(b), (6) an eligible deferred compensation plan (as defined in section 457), (7) a governmental plan (as defined in section 414(d)), or (8) a trust described in section 501(c)(18). Such term includes any plan, contract, account, annuity, or trust which, at any time, has been determined by the Secretary to be such a plan, contract, account, annuity, or trust. (e) Income of certain children For purposes of this part— (1) an individual’s taxable income shall include the taxable income of each dependent child of such individual who has not attained age 14 as of the close of such taxable year, and (2) such dependent child shall have no liability for tax imposed by this section with respect to such income and shall not be required to file a return for such taxable year. (f) Inflation adjustment (1) In general In the case of any taxable year beginning in a calendar year after 2013, each dollar amount contained in subsection (c) shall be increased by an amount determined by the Secretary to be equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment for such calendar year. (2) Cost-of-living adjustment For purposes of paragraph (1), the cost-of-living adjustment for any calendar year is the percentage (if any) by which— (A) the CPI for the preceding calendar year, exceeds (B) the CPI for the calendar year 2012. (3) CPI for any calendar year For purposes of paragraph (2), the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. (4) Consumer Price Index For purposes of paragraph (3), the term Consumer Price Index means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used. (5) Rounding If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10. (g) Marital status For purposes of this section, marital status shall be determined under section 7703. 60B. Tax imposed on business activities (a) Tax imposed There is hereby imposed on every person engaged in a business activity who makes an election to be taxed under this part a tax equal to— (1) 19 percent of the business taxable income of such person for such taxable year in the case of the first 2 taxable years of the person beginning with the taxable year for which the election is made, and (2) 17 percent of the business taxable income of such person for such taxable year in the case of all taxable years subsequent to the taxable years described in paragraph (1). (b) Liability for tax The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. (c) Business taxable income For purposes of this section— (1) In general The term business taxable income means gross active income reduced by the deductions specified in subsection (d). (2) Gross active income (A) In general For purposes of paragraph (1), the term gross active income means gross receipts from— (i) the sale or exchange of property or services in the United States by any person in connection with a business activity, and (ii) the export of property or services from the United States in connection with a business activity. (B) Exchanges For purposes of this section, the amount treated as gross receipts from the exchange of property or services is the fair market value of the property or services received, plus any money received. (C) Coordination with special rules for financial services, etc Except as provided in subsection (e)— (i) the term property does not include money or any financial instrument, and (ii) the term services does not include financial services. (3) Exemption from tax for activities of governmental entities and tax-exempt organizations For purposes of this section, the term business activity does not include any activity of a governmental entity or of any other organization which is exempt from tax under this chapter. (d) Deductions (1) In general The deductions specified in this subsection are— (A) the cost of business inputs for the business activity, (B) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash for services performed in the United States as an employee, and (C) retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 60A(d)) for the benefit of such employees to the extent such contributions are allowed as a deduction under section 404. (2) Business inputs (A) In general For purposes of paragraph (1), the term cost of business inputs means— (i) the amount paid for property sold or used in connection with a business activity, (ii) the amount paid for services (other than for the services of employees, including fringe benefits paid by reason of such services) in connection with a business activity, and (iii) any excise tax, sales tax, customs duty, or other separately stated levy imposed by a Federal, State, or local government on the purchase of property or services which are for use in connection with a business activity. Such term shall not include any tax imposed by chapter 2 or 21. (B) Exceptions Such term shall not include— (i) items described in subparagraphs (B) and (C) of paragraph (1), and (ii) items for personal use not in connection with any business activity. (C) Exchanges For purposes of this section, the amount treated as paid in connection with the exchange of property or services is the fair market value of the property or services exchanged, plus any money paid. (e) Special rules for financial intermediation service activities In the case of the business activity of providing financial intermediation services, the taxable income from such activity shall be equal to the value of the intermediation services provided in such activity. (f) Exception for services performed as employee For purposes of this section, the term business activity does not include the performance of services by an employee for the employee’s employer. (g) Carryover of credit-Equivalent of excess deductions (1) In general If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the credit-equivalent of such excess shall be allowed as a credit against the tax imposed by this section for the following taxable year. (2) Credit-equivalent of excess deductions For purposes of paragraph (1), the credit-equivalent of the excess described in paragraph (1) for any taxable year is an amount equal to— (A) the sum of— (i) such excess, plus (ii) the product of such excess and the 3-month Treasury rate for the last month of such taxable year, multiplied by (B) the rate of the tax imposed by subsection (a) for such taxable year. (3) Carryover of unused credit If the credit allowable for any taxable year by reason of this subsection exceeds the tax imposed by this section for such year, then (in lieu of treating such excess as an overpayment) the sum of— (A) such excess, plus (B) the product of such excess and the 3-month Treasury rate for the last month of such taxable year, shall be allowed as a credit against the tax imposed by this section for the following taxable year. (4) 3-month Treasury rate For purposes of this subsection, the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1-month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less. 60C. Tax on noncash compensation provided to employees not engaged in business activity (a) Imposition of tax There is hereby imposed on every employer of an employee to whom this section applies and who makes an election to be taxed under this part a tax equal to— (1) 19 percent of the value of excludable compensation provided during the calendar year by the employer for the benefit of employees to whom this section applies in the case of the first 2 calendar years beginning with the calendar year for which the election under section 60 is made, and (2) 17 percent of such excludable compensation during the calendar year in the case of all calendar years subsequent to the calendar years described in paragraph (1). (b) Liability for tax The tax imposed by this section shall be paid by the employer. (c) Excludable compensation For purposes of subsection (a), the term excludable compensation means any remuneration for services performed as an employee other than— (1) wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash, (2) remuneration for services performed outside the United States, and (3) retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 60A(d)). (d) Employees to whom section applies This section shall apply to an employee who is employed in any activity by— (1) any organization which is exempt from taxation under this chapter, or (2) any agency or instrumentality of the United States, any State or political subdivision of a State, or the District of Columbia. . (b) Clerical amendment The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Part VIII. The flat tax. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Repeal of estate and gift taxes (a) In general Subtitle B of the Internal Revenue Code of 1986 is hereby repealed. (b) Effective date The repeal made by subsection (a) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after December 31, 2013. (c) Cross reference See section 102 of the Internal Revenue Code of 1986 for exclusion of gifts and inheritances from gross income. 4. Supermajority required to consider revenue measure A bill, joint resolution, amendment to a bill or joint resolution, or conference report that— (1) includes an increase in the rates of tax specified in section 60A(a) or 60B(a) of the Internal Revenue Code of 1986 (as amended by this Act), or (2) reduces the standard deduction, as defined in section 60A(c) of such Code (as so amended), or the deductions specified in section 60B(d) of such Code (as so amended), may not be considered as passed or agreed to by the House of Representatives or the Senate unless so determined by a vote of not less than two-thirds of the Members of the House of Representatives or the Senate (as the case may be) voting, a quorum being present.

https://www.govinfo.gov/content/pkg/BILLS-113hr1040ih/xml/BILLS-113hr1040ih.xml

113-hr-1041

I 113th CONGRESS 1st Session H. R. 1041 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mrs. McCarthy of New York 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 improve early education. 1. Short title This Act may be cited as the Providing Resources Early for Kids Act of 2013 or the PRE-K Act . 2. Findings Congress finds the following: (1) Children’s experiences in the first 5 years of life influence the developing brain and have a significant and lasting impact. (2) All children deserve access to high-quality early learning experiences that can support children's cognitive, social, and emotional development and help prepare children to succeed in school and in life. (3) Research shows that high-quality early education programs can improve early reading and early mathematics skills, decrease grade retention, decrease the need for special education services, and increase the likelihood that children will graduate from secondary school and become productive members of society. (4) The economic benefits of early education experiences are clear, and providing parents with greater access to high-quality early learning programs will benefit children, families, and our Nation. (5) High-quality early education programs have well-trained and well-compensated teachers, small class sizes, a full-day program, comprehensive services, family participation, and a research-based curriculum that aligns with strong early learning standards. The quality of State early education programs varies significantly across the United States. (6) While nearly three-quarters of children ages 3 through 5 who are not in kindergarten spend time in non-parental care each week, research suggests that most are not in high-quality settings that meet the full range of their developmental needs. (7) A Federal partnership with States— (A) will help increase access to voluntary, high-quality preschool programs; (B) is a necessary step to improving the Nation’s elementary and secondary schools and helping States close the achievement gap and improve graduation rates; and (C) should be a national priority. 3. Early education grants (a) Program established From amounts made available to carry out this Act, the Secretary, in consultation with the Secretary of Health and Human Services, shall make grants each fiscal year to States to enhance or improve State-funded preschool programs. (b) Allotment (1) Determination From funds appropriated under section 13, and not reserved under subsection (c), the Secretary shall make a base allotment to each State that has submitted an approved application and is either— (A) a qualified State (as defined in section 4(a)); or (B) a selected State (as designated under section 4(b)). (2) Amount The amount of the base allotment described under paragraph (1) for each State shall be based on the number of children who are under age 5 from a family with income below the poverty line for each State, compared to the number of such children from all States, except that no State shall have a base allotment that is less than 0.25 percent of the amounts appropriated under this Act. (3) Basis for the base allotment The Secretary shall determine the amount of the base allotment under paragraph (2) as if every State was to receive a base allotment. (4) Remainder In any fiscal year for which not every State is to receive a base allotment, the Secretary shall reallot any funds remaining after the determination of a base allotment under paragraph (2) to each State that has submitted an approved application and is a qualified State. Such remaining funds shall be realloted among such qualified States and shall be determined by comparing the number of children who are under age 5 from a family with income below the poverty line for each such qualified State to such number for all such qualified States. (c) Reservation From the amount appropriated each fiscal year to carry out this Act, the Secretary shall reserve 1 percent for the purpose of making grants to Indian tribes and tribal organizations, as described in section 10. 4. State eligibility (a) Qualified States For purposes of this Act, the term qualified State means a State that meets each of the following criteria: (1) The State carries out a voluntary State-funded preschool program that includes, at a minimum, the following: (A) Use of research-based curricula that are aligned with State early learning standards that are developmentally appropriate and include, at a minimum, each of the following domains: (i) Language development. (ii) Literacy. (iii) Mathematics. (iv) Science. (v) Creative arts. (vi) Social and emotional development. (vii) Approaches to learning. (viii) Physical and health development. (B) Use of nationally established, or better, best practices for group size and teacher-to-student ratios, appropriate to the age group being served. (C) A requirement that each teacher holds an associate degree, or higher, in early childhood education or a related field. (D) A requirement to operate for at least the length of an academic year. (2) The State shall have developed a plan, including a timetable, for moving toward a requirement for State-funded preschool programs that each teacher holds a baccalaureate degree in early childhood education, or in a related field if specialized training in early childhood education has also been completed, not more than 5 years after the State first receives a grant as a qualified State under this Act. (3) The State, at a minimum, shall ensure that the average per-child expenditure by the State and the State's political subdivisions to support State-funded preschool programs for the fiscal year for which the grant is made is equal to, or greater than, the average of such per-child expenditure for the previous 2 fiscal years. (4) The State, at a minimum, shall ensure that the total expenditure by the State to support State-funded preschool programs for the fiscal year for which the grant is made is equal to, or greater than, such expenditure for the preceding fiscal year. (5) The State, at a minimum, shall ensure that the total expenditure by the State to support State-funded child care services and activities for the fiscal year for which the grant is made is equal to, or greater than, such expenditure for the preceding fiscal year. (b) Selected States (1) In general Each fiscal year, the Secretary shall carry out, on a competitive basis, a process for the designation of States as selected States for purposes of this Act. The Secretary shall determine whether to designate any States as selected States and, if so, shall determine the States that are to be designated as selected States. (2) Basis for determinations The determinations required by paragraph (1) shall be based on— (A) a State meeting the requirements of paragraphs (3) through (5) of subsection (a); (B) the quality of the applications submitted; and (C) the extent to which a State demonstrates that the State, if designated, will become a qualified State within 2 fiscal years. (3) Period of designation A designation as a selected State under this subsection shall apply to a State for 2 fiscal years. If a State is both a qualified State and a selected State for a fiscal year, the State shall be treated for purposes of this Act as a qualified State rather than a selected State. 5. Applications (a) In general A State desiring to receive funds under this Act shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. In developing such application, the State shall consult with the State Advisory Council on Early Childhood Education and Care (described in section 642B(b) of the Head Start Act ( 42 U.S.C. 9837b(b) )) or a similar State entity, and providers of early childhood programs operating in the State. (b) Required contents The application referred to in subsection (a) shall include, at a minimum, the following: (1) If the State desires to be treated as a qualified State, information sufficient for the Secretary to determine whether the State is a qualified State. (2) If the State desires to be designated as a selected State— (A) assurances that the State, if designated as a selected State, will become a qualified State within 2 fiscal years; (B) information sufficient for the Secretary to determine whether the State meets the requirements of paragraphs (3) through (5) of section 4(a); and (C) information relating to any competitive criteria that the Secretary may establish. (3) A description of how the funds received under this Act will be used to enhance or improve preschool programs in the State. (4) A description of how the State is working to build the State's capacity to serve more children in high-quality early education programs, including the building of new facilities, as appropriate. (5) A description of how the State will ensure that any funds made available to State-funded preschool program providers are made available to a range of types of such preschool providers, including local educational agencies and community-based providers such as child care and Head Start, as appropriate. (6) Assurances that amounts received by the State under this Act will be used only to supplement, and not to supplant, Federal, State, and local funds otherwise available to support existing early childhood services and activities. (7) A description of how the State will evaluate the effectiveness of the use of funds received under this Act. (8) A description of how the State will use the funds to better meet the needs of low-income working parents. (9) A description of how the use of funds will help meet the developmental needs of children in the State. (10) A description of how the State will ensure that State-funded preschool programs are available to, and appropriate for, children with disabilities. (11) A description of how the State-funded preschool programs will be culturally and linguistically appropriate and how the State plans to meet the early education needs of children with limited English proficiency. (12) A description of how the State is working to develop and use research-based curricula that are aligned with State early learning standards and are linguistically and culturally appropriate for children with limited English proficiency. (13) A description of how the State agency designated under subsection (c) will coordinate with other State agencies delivering early childhood development programs or services. (14) A description of how the State will ensure that State-funded preschool programs will coordinate with local educational agencies in the area to ensure a smooth and successful transition to kindergarten. (15) A description of how the State monitoring process will effectively assess and ensure the quality of State-funded preschool programs. (16) A description of how the State will coordinate this grant with the efforts of the State Advisory Council on Early Childhood Education and Care (described in section 642B(b) of the Head Start Act ( 42 U.S.C. 9837b(b) )) or another State entity that is coordinating a system of early childhood development and education for children from birth to kindergarten entry. (17) A description of how the State-funded preschool programs that are not universal prioritize children from low-income families. (18) A description of how the State is working to eliminate barriers and improve access to State-funded preschool programs for children who live in rural areas. (19) A description of how the State is working to address the transportation needs of families for whom lack of transportation is a significant barrier to accessing State-funded preschool. (c) State agency The application shall designate a State agency to administer and oversee grant funds and the activities carried out under this Act. 6. Use of funds (a) Priority In using funds provided under this Act, a State shall give priority to improving the quality of State-funded preschool in communities with high concentrations of low-income children. (b) Specific uses Subject to subsections (c) and (d), a State that receives funds under this Act shall use such funds to carry out 1 or more of the following activities: (1) To increase the number of teachers and program directors in State-funded preschool programs who hold a baccalaureate degree in early childhood education, or in a related field if specialized training in early childhood education has also been completed. (2) To increase the number of teacher aides in State-funded preschool programs who hold an associate degree in early childhood education, or in a related field if specialized training in early childhood education has also been completed. (3) To increase the number of program directors, teachers, and teacher aides who have specialized training in working with children and families with limited English proficiency. (4) To increase the number of program directors, teachers, and teacher aides who have specialized training in working with children with disabilities. (5) To increase the compensation or benefits provided to teachers, program directors, and teacher aides in State-funded preschool programs in order to improve the ability of those programs to recruit and retain such teachers, program directors, and teacher aides. (6) To decrease group size in classrooms in State-funded preschool programs. (7) To improve the teacher-to-student ratios in classrooms in State-funded preschool programs. (8) To provide, in State-funded preschool programs, 1 or more of the following comprehensive services that support healthy child development and positive child outcomes and school readiness: (A) Vision and hearing screenings and referrals. (B) Health and mental health screenings and referrals. (C) Parent involvement opportunities. (D) Nutrition services. (9) To extend the number of— (A) hours per day of program operation of State-funded preschool programs; (B) days per week of program operation of State-funded preschool programs; or (C) weeks per year of program operation of State-funded preschool programs. (10) To improve the State’s system for monitoring the quality of State-funded preschool programs. (11) To provide opportunities for intensive and on-going research- and evidence-based professional development in the domains described in section 4(a)(1)(A) for staff of State-funded preschool programs. (12) To provide induction and support for preschool program directors, teachers, and staff during the first 3 years of employment in a new position, and to provide on-going mentoring to such individuals by persons with education and expertise in supporting teachers in effective teaching practices with young children and in supporting program directors in early childhood education and program management. (13) To renovate existing facilities, except that such renovation must be limited to minor rehabilitation or remodeling needed to ensure that State-funded preschool program facilities are age and developmentally appropriate. (14) To provide preschool classroom supplies or equipment. (c) Set-Aside A State that receives funds under this Act shall use 10 percent of such funds to improve the quality of early learning environments for children from birth to age 3 through research- and evidence-based methods. (d) Special rule (1) In general Notwithstanding subsection (b), a qualified State that receives funds under this Act may use not more than 50 percent of the funds remaining after the set-aside described under subsection (c) for the purpose of expanding a State-funded preschool program, with priority for such expansion to communities with high concentrations of low-income children, that meets or exceeds the criteria in section 4(a) if— (A) the amount appropriated under section 13 is not less than $250,000,000; or (B) the State-funded preschool program meets or exceeds the following criteria: (i) The standards described in subparagraphs (A) and (B) of section 4(a)(1). (ii) Each teacher holds a baccalaureate degree in early childhood education (or a related field if specialized training in early childhood education has also been completed). (iii) Each provider provides full-day services at all locations. (iv) Each provider provides comprehensive services to at-risk children participating in the State-funded preschool program. (v) Each teacher participates in on-going professional development in child development and learning. (vi) Each provider provides linguistically and culturally appropriate standards for serving children with limited English proficiency participating in the State-funded preschool program. (2) State definition and applicability For the purpose of establishing a priority for expansion under paragraph (1), the State shall define what constitutes a high concentration of low-income children. In any State described in paragraph (1) in which all communities with high concentrations of low-income children are served by a State-funded preschool program, the priority for expansion described in such paragraph shall not apply. (e) Rule of construction Funds provided under this Act shall be used only to improve or enhance a State-funded preschool program. Nothing in this Act shall be construed such that a State may use these funds only for existing State-funded preschool program providers. 7. Matching requirements The Secretary shall not make a grant to a State under this Act unless the State agrees to the following: (1) Qualified State In the case of a qualified State, the State will make available non-Federal contributions in an amount equal to not less than 30 percent of that portion of the Federal funds provided under the grant that represent the base allotment under section 3(b)(2). (2) Selected State In the case of a selected State, the State will make available non-Federal contributions in an amount equal to not less than 50 percent of that portion of the Federal funds provided under the grant that represent the base allotment under section 3(b)(2). 8. Reporting requirements (a) Report to Congress For each year in which funding is provided under this Act, the Secretary shall submit an annual report to Congress on the activities carried out under this Act, including, at a minimum, information on the following: (1) The activities undertaken by qualified States and selected States that improved or enhanced State-funded preschool programs. (2) The progress of selected States in moving toward fulfilling criteria to become a qualified State. (3) The extent to which the State used funds to expand a State-funded preschool program, as allowed under section 6(d). (4) The costs and barriers to expansion, including building and renovating preschool facilities so that such facilities are high-quality and age and developmentally appropriate. (b) Report to Secretary Each State that receives a grant under this Act shall submit to the Secretary an annual report on the following: (1) The activities carried out by the State under this Act, including— (A) how funds provided under this Act were used to enhance and improve the quality of State-funded preschool programs, including enhancing and improving the quality of State-funded preschool programs serving children who live in a rural area; and (B) such other information as the Secretary may reasonably require. (2) The activities carried out by the State-funded preschool program, including— (A) the number and ages of children served by the State-funded preschool program; and (B) the number and ages of children in such program with a disability, with limited English proficiency, from low-income families, and from rural areas. 9. Special rule Funds under this Act may not be used for the purposes of assessments that provide rewards or sanctions for individual children or teachers. 10. Applications for Indian tribes The Secretary shall award competitive grants to Indian tribes and tribal organizations to carry out a program under this Act. An Indian tribe or tribal organization desiring to receive funds under this Act shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. For purposes of submitting such application and for expending funds received under this Act, Indian tribes and tribal organizations shall comply with sections 4 through 9. 11. Definitions For purposes of this Act: (1) Local educational agency The term local educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Poverty line The term poverty line has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Rural area The term rural area means a geographic area served by a rural local educational agency. (4) Rural local education agency The term rural local educational agency means a local educational agency having administrative control or direction of schools which meet a metro-centric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics, in conjunction with the Bureau of the Census, using the system of the National Center for Education Statistics for classifying local educational agencies. (5) Secretary The term Secretary means the Secretary of Education. (6) State The term State has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) State-funded preschool program The term State-funded preschool program means a program that— (A) serves children who are ages 3 through 5; (B) has a primary focus of supporting early childhood education, including supporting children’s cognitive, social, emotional, and physical development and approaches to learning; (C) helps prepare children for a successful transition to kindergarten; and (D) is funded either in whole or in part by a State through a State agency with authority to promulgate regulations and monitor participating programs. (8) Limited English proficiency The term limited English proficiency , when used with respect to a child, means a child— (A) (i) who was not born in the United States or whose native language is a language other than English; (ii) (I) who is a Native American (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), an Alaska Native, or a native resident of an outlying area (as defined in such section 9101); and (II) who comes from an environment where a language other than English has had a significant impact on the child’s level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (B) whose difficulties in speaking or understanding the English language may be sufficient to deny the child— (i) the ability to successfully achieve in a classroom in which the language of instruction is English; or (ii) the opportunity to participate fully in society. 12. Construction Nothing in this Act shall be construed to require a child to attend a preschool program. 13. Authorization There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr1041ih/xml/BILLS-113hr1041ih.xml

113-hr-1042

I 113th CONGRESS 1st Session H. R. 1042 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Direct Red 243. 1. Direct Red 243 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Direct Red 243 (CAS No. 52953–36–3) (provided for in subheading 3204.14.30) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1042ih/xml/BILLS-113hr1042ih.xml

113-hr-1043

I 113th CONGRESS 1st Session H. R. 1043 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the temporary suspension of duty on Disperse Blue 60. 1. Disperse Blue 60 (a) In general Heading 9902.03.50 of the Harmonized Tariff Schedule of the United States (relating to Disperse Blue 60) is amended by striking the date in the effective period column and inserting 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1043ih/xml/BILLS-113hr1043ih.xml

113-hr-1044

I 113th CONGRESS 1st Session H. R. 1044 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the temporary suspension of duty on Disperse Blue 79:1. 1. Disperse Blue 79:1 (a) In general Heading 9902.03.46 of the Harmonized Tariff Schedule of the United States (relating to Disperse Blue 79:1) is amended by striking the date in the effective period column and inserting 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1044ih/xml/BILLS-113hr1044ih.xml

113-hr-1045

I 113th CONGRESS 1st Session H. R. 1045 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Disperse Blue 291:1. 1. Disperse Blue 291:1 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Disperse Blue 291:1 (CAS No. 51868–46–3) (provided for in subheading 3808.93.15) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1045ih/xml/BILLS-113hr1045ih.xml

113-hr-1046

I 113th CONGRESS 1st Session H. R. 1046 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Disperse Orange 29. 1. Disperse Orange 29 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Disperse Orange 29 (CAS No. 19800–42–1) (provided for in subheading 3204.11.50) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1046ih/xml/BILLS-113hr1046ih.xml

113-hr-1047

I 113th CONGRESS 1st Session H. R. 1047 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the temporary suspension of duty on Disperse Orange 30. 1. Disperse Orange 30 (a) In general Heading 9902.03.45 of the Harmonized Tariff Schedule of the United States (relating to Disperse Orange 30) is amended by striking the date in the effective period column and inserting 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1047ih/xml/BILLS-113hr1047ih.xml

113-hr-1048

I 113th CONGRESS 1st Session H. R. 1048 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Disperse Orange 73. 1. Disperse Orange 73 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Disperse Orange 73 (CAS No. 40690–89–9) (provided for in subheading 3204.11.50) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1048ih/xml/BILLS-113hr1048ih.xml

113-hr-1049

I 113th CONGRESS 1st Session H. R. 1049 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the temporary suspension of duty on Disperse Red 60. 1. Disperse Red 60 (a) In general Heading 9902.03.49 of the Harmonized Tariff Schedule of the United States (relating to Disperse Red 60) is amended by striking the date in the effective period column and inserting 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1049ih/xml/BILLS-113hr1049ih.xml

113-hr-1050

I 113th CONGRESS 1st Session H. R. 1050 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the temporary suspension of duty on Disperse Red 73. 1. Disperse Red 73 (a) In general Heading 9902.03.57 of the Harmonized Tariff Schedule of the United States (relating to Disperse Red 73) is amended by striking the date in the effective period column and inserting 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1050ih/xml/BILLS-113hr1050ih.xml

113-hr-1051

I 113th CONGRESS 1st Session H. R. 1051 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Disperse Red 92. 1. Disperse Red 92 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Disperse Red 92 (CAS No. 72363–26–9) (provided for in subheading 3204.11.50) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1051ih/xml/BILLS-113hr1051ih.xml

113-hr-1052

I 113th CONGRESS 1st Session H. R. 1052 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the temporary suspension of duty on Disperse Red 167:1. 1. Disperse Red 167:1 (a) In general Heading 9902.03.47 of the Harmonized Tariff Schedule of the United States (relating to Disperse Red 167:1) is amended by striking the date in the effective period column and inserting 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1052ih/xml/BILLS-113hr1052ih.xml