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113-hr-1155

I 113th CONGRESS 1st Session H. R. 1155 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Neugebauer (for himself, Mr. David Scott of Georgia , Mr. Luetkemeyer , Mr. Cotton , Mr. Stivers , Mr. Garrett , Mr. Lucas , Mr. Ross , Mr. Renacci , Mr. Latta , Mr. Marchant , Mrs. Capito , Mrs. Wagner , Mr. Bachus , Mr. Pittenger , Mr. Griffin of Arkansas , Mr. McHenry , Mrs. Bachmann , Mr. Posey , Mr. Stutzman , Mr. Barr , Mr. Cramer , Mr. Duffy , Mr. Hultgren , Mr. Mulvaney , Mr. Braley of Iowa , Mr. Peters of Michigan , Mr. Loebsack , Mr. Sherman , Mr. Larson of Connecticut , Ms. Moore , Mrs. McCarthy of New York , Mr. Perlmutter , Mr. Capuano , Mrs. Carolyn B. Maloney of New York , Ms. Wasserman Schultz , Mr. Schrader , Mr. Matheson , Mr. Lance , Mr. Kinzinger of Illinois , Mr. Al Green of Texas , Mr. Gary G. Miller of California , and Mr. Huizenga of Michigan ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To reform the National Association of Registered Agents and Brokers, and for other purposes. 1. Short title This Act may be cited as the National Association of Registered Agents and Brokers Reform Act of 2013 . 2. Reestablishment of the national association of registered agents and brokers (a) In general Subtitle C of title III of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6751 et seq. ) is amended to read as follows: C National Association of Registered Agents and Brokers 321. National Association of Registered Agents and Brokers (a) Establishment There is established the National Association of Registered Agents and Brokers (hereafter in this subtitle referred to as the Association ). (b) Status The Association shall— (1) be a nonprofit corporation; (2) have succession until dissolved by an Act of Congress; (3) not be an agent or instrumentality of the United States Government; and (4) except as otherwise provided in this subtitle, be subject to, and have all the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–301.01 et seq.). (c) Effective date The provisions of this subtitle shall take effect upon the expiration of the 24-month period beginning on the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2013 . Notwithstanding such effective date, such persons as are required to establish the Association shall take such actions as are necessary to establish the operations of the Association by the effective date. 322. Purpose The purpose of the Association shall be to provide a mechanism through which licensing, continuing education, and other nonresident insurance producer qualification requirements and conditions may be adopted and applied on a multi-state basis without affecting the laws, rules, and regulations, and preserving the rights of a State, pertaining to— (1) licensing, continuing education, and other qualification requirements of producers who are not members of the Association; (2) resident or nonresident producer appointment requirements; (3) supervising and disciplining resident and nonresident insurance producers; (4) establishing licensing fees for resident and nonresident insurance producers so that there is no loss of producer licensing revenue to the State; and (5) prescribing and enforcing laws and regulations regulating the conduct of resident and nonresident insurance producers. 323. Membership (a) Eligibility (1) In general Any insurance producer licensed in its home State shall, subject to paragraphs (2) and (4), be eligible to become a member of the Association. (2) Ineligibility for suspension or revocation of license Subject to paragraph (3), an insurance producer is not eligible to become a member of the Association if a State insurance regulator has suspended or revoked such producer’s insurance license in that State. (3) Resumption of eligibility Paragraph (2) shall cease to apply to any insurance producer if— (A) the State insurance regulator reissues or renews the license of such producer in the State in which the license was suspended or revoked, or otherwise terminates or vacates the suspension or revocation; or (B) the suspension or revocation expires or is subsequently overturned by a court of competent jurisdiction. (4) Criminal background record check required (A) In general An insurance producer shall not be eligible to become a member of the Association unless the producer has undergone a national criminal background record check of the producer's Federal Bureau of Investigation identification record that complies with regulations prescribed by the Attorney General under subparagraph (L). (B) Criminal background record check requested by home state An insurance producer who is licensed in a State and who has undergone a national criminal background record check of its Federal Bureau of Investigation identification record during the 2-year period preceding the date of submission of an application to become a member of the Association, in compliance with such requirements as a condition for such licensure, shall be deemed to have undergone a national criminal background record check for purposes of subparagraph (A). (C) Criminal background record check requested by association (i) In general The Association shall, upon request by an insurance producer licensed in a State, submit identification information obtained from such producer, and a request for a national criminal background record check of such producer, to the Federal Bureau of Investigation. (ii) Bylaws or rules The board of directors of the Association shall prescribe bylaws or rules for obtaining and utilizing identification information and criminal history record information, including the establishment of reasonable fees required to perform a criminal background record check and appropriate safeguards for maintaining confidentiality and security of the information. (D) Form of request A submission under subparagraph (C)(i) shall include such identification information as required by the Attorney General concerning the person about whom the record is requested and a statement signed by the person authorizing the Association to obtain the information. (E) Provision of information by attorney general Upon receiving a submission under subparagraph (C)(ii) from the Association, the Attorney General shall search all records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation that the Attorney General deems appropriate for criminal history records corresponding to the identification information provided under subparagraph (D) and provide all information contained in such records that pertains to the request to the Association. (F) Limitation on permissible uses of information The Association may use information provided under subparagraph (E) only— (i) for purposes of determining compliance with membership criteria established by the Association; and/or (ii) to disclose to State insurance regulators, or Federal or State law enforcement agencies, in conformance with applicable law. (G) Applicant access to criminal history records Notwithstanding subparagraph (F), a producer shall have the right to obtain from the Association a copy of any criminal history record information concerning the producer that is provided to the Association under subparagraph (E). (H) Penalty for improper use or disclosure Whoever knowingly uses any information provided under subparagraph (E) for a purpose not authorized in subparagraph (F), or discloses any such information to anyone not authorized to receive it, shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. (I) Reliance on information Neither the Association nor any of its directors, officers, or employees shall be liable in any action for using information provided under subparagraph (E) as permitted under subparagraph (F) in good faith and in reasonable reliance on its accuracy. (J) Fees The Attorney General may charge a reasonable fee to defray the expense of conducting the search and providing the information under subparagraph (E), and any such fee shall be collected and remitted by the Association. (K) Rule of construction Nothing in this paragraph shall be construed as— (i) requiring a State insurance regulator to perform criminal background checks under this section; or (ii) limiting any other authority that allows access to criminal background records. (L) Regulations The Attorney General shall prescribe regulations to carry out this paragraph, which shall include— (i) appropriate protections for ensuring the confidentiality of information provided under subparagraph (E); and (ii) procedures providing a reasonable opportunity for a producer to contest the accuracy of information regarding the producer provided under subparagraph (E). (M) Ineligibility for membership (i) In general The Association may, under reasonably consistently applied standards, deny membership to an insurance producer on the basis of criminal history information provided under subparagraph (E), or where the insurance producer has been subject to disciplinary action, as described in paragraph (2). (ii) Rights of applicants denied membership The Association shall notify any producer who is denied membership on the basis of criminal history record information provided under subparagraph (E) of the right of the producer to— (I) obtain a copy of all criminal history record information provided to the Association under subparagraph (E) with respect to the producer; and (II) challenge the accuracy and completeness of the information. (b) Authority To establish membership criteria The Association may establish membership criteria that bear a reasonable relationship to the purposes for which the Association was established. (c) Establishment of classes and categories of membership (1) Classes of membership The Association may establish separate classes of membership, with separate criteria, if the Association reasonably determines that performance of different duties requires different levels of education, training, experience, or other qualifications. (2) Business entities The Association shall establish a class of membership and membership criteria for business entities. A business entity that applies for membership shall be required to designate an individual Association member responsible for the business entity’s compliance with Association rules and the insurance laws, rules, and regulations of any State in which the business entity seeks to do business on the basis of Association membership. (3) Categories (A) Separate categories for producers permitted The Association may establish separate categories of membership for producers and for other persons within each class, based on the types of licensing categories that exist under State laws. (B) Separate treatment for depository institutions prohibited No special categories of membership, and no distinct membership criteria, shall be established for members which are depository institutions or for employees, agents, or affiliates of depository institutions. (d) Membership criteria (1) In general The Association may establish criteria for membership which shall include standards for personal qualifications, education, training, and experience. The Association shall not establish criteria that unfairly limit the ability of a small insurance producer to become a member of the Association, including imposing discriminatory membership fees. (2) Qualifications In establishing criteria under paragraph (1), the Association shall not adopt any qualification less protective to the public than that contained in the NAIC Producer Licensing Model Act in effect as of the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2013 , and shall consider the highest levels of insurance producer qualifications established under the licensing laws of the States. (3) Assistance from states (A) In general The Association may request a State to provide assistance in investigating and evaluating a prospective member’s eligibility for membership in the Association. (B) Rule of construction Subparagraph (A) shall not be construed as requiring or authorizing any State to adopt new or additional requirements concerning the licensing or evaluation of insurance producers. (4) Denial of membership The Association may, based on reasonably consistently applied standards, deny membership to any State-licensed insurance producer for failure to meet the membership criteria established by the Association. (e) Effect of membership (1) Authority of association members Membership in the Association shall— (A) authorize an insurance producer to sell, solicit, or negotiate insurance in any State for which the member pays the licensing fee set by such State for any line or lines of insurance specified in such producer’s home State license, and exercise all such incidental powers, as shall be necessary to carry out such activities, including claims adjustments and settlement to the extent permissible under such State’s laws, risk management, employee benefits advice, retirement planning, and any other insurance-related consulting activities; (B) be the equivalent of a nonresident insurance producer license for purposes of authorizing the producer to engage in the activities described in subparagraph (A) in any State where the member pays the licensing fee; and (C) be the equivalent of a nonresident insurance producer license for the purpose of subjecting an insurance producer to all laws, regulations, provisions or other action of any State concerning revocation, suspension, or other enforcement action related to a member’s ability to engage in any activity within the scope of authority granted under this subsection and to all State laws, regulations, provisions and actions preserved under paragraph (5). (2) Violent crime control and law enforcement Act of 1994 Nothing in this subtitle shall be construed to alter, modify, or supercede any requirement established by section 1033 of title 18, United States Code. (3) Agent for remitting fees The Association shall act as any member’s agent for purposes of remitting licensing fees to any State pursuant to paragraph (1). (4) Regulator notification (A) In general The Association shall notify the States and the National Association of Insurance Commissioners or its designee when a producer has satisfied the membership criteria of this section. The States and the National Association of Insurance Commissioners or its designee shall have 10 business days after such notification to provide the Association with evidence that the producer does not satisfy the criteria for membership for the Association's consideration in its final membership determination. (B) Ongoing disclosures required On an ongoing basis, the Association shall disclose to the States and the National Association of Insurance Commissioners or its designee the States in which each member is authorized to operate. The Association shall immediately notify the States and the National Association of Insurance Commissioners or its designee when a member is newly authorized to operate in one or more States, or is no longer authorized to operate in one or more States on the basis of Association membership. (5) Preservation of state consumer protection and market conduct regulation No provision of this section shall be construed as altering or affecting the applicability or continuing effectiveness of any law, regulation, provision, or other action of any State, including any law, regulation, provision, or other action that— (A) regulates market conduct, producer conduct, or unfair trade practices; (B) establishes consumer protections; or (C) requires insurance producers to be appointed by a licensed or authorized insurer, to the extent that such law, regulation, provision, or other action is not inconsistent with the provisions of this subtitle related to market entry for nonresident insurance producers, and then only to the extent of such inconsistency. (f) Biennial renewal Membership in the Association shall be renewed on a biennial basis. (g) Continuing education (1) In general The Association shall establish, as a condition of membership, continuing education requirements which shall be comparable to the continuing education requirements under the licensing laws of a majority of the States. (2) State continuing education requirements A member may not be required to satisfy continuing education requirements imposed under the laws, regulations, provisions, or actions of any State other than such member’s home State. (3) Reciprocity The Association shall not require a member to satisfy continuing education requirements that are equivalent to any continuing education requirements of the member’s home State that have been satisfied by the member during the applicable licensing period. (4) Limitation on association The Association shall not directly or indirectly offer any continuing education courses for insurance producers. (h) Probation, suspension and revocation (1) Disciplinary action The Association may place an insurance producer that is a member of the Association on probation or suspend or revoke such producer's membership in the Association, or assess monetary fines or penalties, as the Association determines to be appropriate, if— (A) the producer fails to meet the applicable membership criteria or other rules of the Association; (B) the producer has been subject to disciplinary action pursuant to a final adjudicatory proceeding under the jurisdiction of a State insurance regulator; (C) an insurance license held by the producer has been suspended or revoked by a State insurance regulator; or (D) the producer has been convicted of a crime that would have resulted in the denial of membership pursuant to subsection (a)(4)(M)(i) at the time of application and the Association has received a copy of the final disposition from a court of competent jurisdiction. (2) Violations of association rules The Association shall have the power to investigate alleged violations of Association rules. (3) Reporting The Association shall immediately notify the NAIC or its designee when a producer’s membership has been placed on probation or has been suspended, revoked, or otherwise terminated, or when the Association has assessed monetary fines or penalties. (i) Consumer complaints (1) In general The Association shall— (A) refer any complaint against a member of the Association from a consumer relating to alleged misconduct or violations of State insurance laws to the State insurance regulator where the consumer resides and, when appropriate, to any additional State insurance regulator, as determined by rules adopted by the Association; and (B) make any related records and information available to the NAIC or its designee and to each State insurance regulator to whom the complaint is forwarded. (2) Telephone and other access The Association shall maintain a toll-free number for purposes of this subsection and, as practicable, other alternative means of communication with consumers, such as an Internet webpage. (3) Final disposition of investigation State insurance regulators shall provide the Association with information regarding the final disposition of a complaint referred pursuant to paragraph (1)(A), but nothing shall be construed to compel a State to release confidential investigation reports or other information protected by State law to the Association. (j) Information sharing The Association may share documents, materials, or other information, including confidential and privileged documents, with a State, Federal, or international regulatory agency or enforcement authority, or with the NAIC or its designee, provided that the recipient has the authority and agrees to maintain the confidentiality or privileged status of the document, material, or other information. 324. Board of directors (a) Establishment There is established the board of directors of the Association (hereafter in this subtitle referred to as the Board ), which shall have authority to govern and supervise all activities of the Association. (b) Powers The Board shall have such of the Association’s powers and authority as may be specified in the bylaws of the Association. (c) Composition (1) In general The Board shall consist of 13 members who shall be appointed by the President, by and with the advice and consent of the Senate, of whom— (A) 8 shall be State insurance commissioners appointed in the manner provided in paragraph (2); (B) 2 shall be representatives of property and casualty insurance producers; (C) 1 shall be a representative of life or health insurance producers; (D) 1 shall be a representative of property and casualty insurers; and (E) 1 shall be a representative of life or health insurers. (2) State insurance regulator representatives (A) Before making any appointments pursuant to subparagraph (A) of paragraph (1), the President shall request a list of recommended candidates from the NAIC, which shall not be binding on the President. If the NAIC fails to submit a list of recommendations within 15 business days of the request, the President may make the requisite appointments without considering the views of the NAIC. (B) Not more than 4 members appointed to membership on the Board pursuant to subparagraph (A) of paragraph (1) shall belong to the same political party. (C) If fewer than 8 State insurance commissioners accept appointment to the Board, the President may appoint the remaining State insurance commissioner members of the Board from among individuals who are former State insurance commissioners, provided that any former insurance commissioner so appointed shall not be employed by or have a present direct or indirect financial interest in any insurer, insurance producer, or other entity in the insurance industry other than direct or indirect ownership of, or beneficial interest in, an insurance policy or annuity contract written or sold by an insurer. (3) Private sector representatives In making any appointments pursuant to subparagraphs (B) through (E) of paragraph (1), the President may seek recommendations for candidates from national trade associations representing the category of individuals described, which shall not be binding on the President. (4) State insurance commissioner defined For purposes of this subsection, the term State insurance commissioner means a person who serves in the position in State government, or on the board, commission, or other body that is the principal insurance regulatory authority for the State. (d) Terms (1) In general The term of each Board member shall be for 2 years, except that— (A) the term of— (i) 4 of the State insurance commissioner members of the Board initially appointed under subparagraph (A) of paragraph (1); (ii) 1 of the property and casualty insurance producer members of the Board initially appointed under subparagraph (B) of paragraph (1); and (iii) 1 of the insurer representative members of the Board initially appointed under subparagraphs (D) and (E) of paragraph (1), shall be 1 year, as designated by the President at the time of the nomination of such members; (B) a member of the Board may continue to serve after the expiration of the term to which such member was appointed until a successor is qualified; and (C) any member of the Board appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. (2) Successive terms Board members may be reappointed to successive terms. (e) Initial appointments The appointment of initial Board members shall be made no later than 90 days after the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2013 . (f) Meetings (1) In general The Board shall meet at the call of the chairperson, as requested in writing to the chairperson by at least 5 members of the Board, or as otherwise provided by the bylaws of the Association. (2) Quorum required A majority of directors shall constitute a quorum. (3) Voting Decisions of the Board shall require the approval of a majority of all directors present at a meeting, a quorum being present. (4) Initial meeting The Board shall hold its first meeting not later than 45 days after the date on which all initial members of the Board have been appointed. (g) Restriction on confidential information Members of the Board appointed pursuant to paragraph (3) of subsection (c) shall not have access to confidential information received by the Association in connection with complaints, investigations, or disciplinary proceedings involving insurance producers. (h) Ethics and conflicts of interest The Board shall issue and enforce an ethical conduct code to address permissible and prohibited activities of Board members and Association officers, employees, agents, or consultants. The code shall, at a minimum, include provisions that prohibit any Board member or Association officer, employee, agent or consultant from— (1) engaging in unethical conduct in the course of performing Association duties; (2) participating in the making or influencing the making of any Association decision, the outcome of which he or she knows or had reason to know would have a reasonably foreseeable material financial effect, distinguishable from its effect on the publicly generally, on the person or a member of his or her immediate family; (3) accepting any gift from any person or entity other than the Association that is given because of the position held by the person in the Association; (4) making political contributions to any person or entity on behalf of the Association; and (5) lobbying or paying someone to lobby on behalf of the Association. 325. Officers (a) Positions The officers of the Association shall consist of a chairperson and a vice chairperson of the Board, an executive director, secretary, and treasurer of the Association, and such other officers and assistant officers as may be deemed necessary. (b) Manner of selection Each officer of the Board and the Association shall be elected or appointed at such time, in such manner, and for such terms as may be prescribed in the bylaws of the Association. 326. Bylaws, rules, and disciplinary action (a) Adoption and amendment of bylaws and rules (1) Copy required to be filed The board of directors of the Association shall submit to the President and the NAIC any proposed bylaw or rules of the Association or any proposed amendment to the bylaws or rules, accompanied by a concise general statement of the basis and purpose of such proposal. Rules shall be promulgated in accordance with the Federal Administrative Procedure Act. (2) Effective date Any proposed bylaw or rule or proposed amendment to the bylaws or rules shall take effect, after notice published in the Federal Register and opportunity for comment, upon such date as the Association may designate, unless suspended under subsection (c) of section 330. (b) Disciplinary action by the association (1) Specification of charges In any proceeding to determine whether membership shall be denied, suspended, revoked, or not renewed or to determine whether a member of the Association should be placed on probation (in this section referred to as a disciplinary action ) or whether to assess fines or monetary penalties, the Association shall bring specific charges, notify such member of such charges, give the member an opportunity to defend against the charges, and keep a record. (2) Supporting statement A determination to take disciplinary action shall be supported by a statement setting forth— (A) any act or practice in which such member has been found to have been engaged; (B) the specific provision of this subtitle, the rules or regulations under this subtitle, or the rules of the Association which any such act or practice is deemed to violate; and (C) the sanction imposed and the reason for such sanction. (3) Ineligibility of private sector representatives Members of the Board appointed pursuant to section 324(c)(3) shall not participate in any disciplinary action, and shall not have access to confidential information concerning such actions. 327. Powers In addition to all the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act, the Association shall have the following powers: (1) To establish and collect such membership fees as the Association finds necessary to impose to cover the costs of its operations. (2) To adopt, amend, and repeal bylaws and rules governing the conduct of Association business and performance of its duties. (3) To establish procedures for providing notice and opportunity for comment pursuant to section 326(a). (4) To enter into and perform such agreements as necessary to carry out its duties. (5) To hire employees, professionals or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of this subtitle, and determine their qualification; and to establish the Association’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel. (6) To borrow money. (7) To secure funding for such amounts as the Association determines to be necessary and appropriate to organize and begin operations of the Association, which shall be treated as loans to be repaid by the Association with interest at market rate, except that the Board shall not secure funding from an insurer, insurance producer, or insurance association, but may secure funding from the NAIC. 328. Report by Association (a) In general As soon as practicable after the close of each fiscal year, the Association shall submit to the President and the NAIC a written report regarding the conduct of its business, and the exercise of the other rights and powers granted by this subtitle, during such fiscal year. (b) Financial statements Each report submitted under subsection (a) with respect to any fiscal year shall include financial statements setting forth the financial position of the Association at the end of such fiscal year and the results of its operations (including the source and application of its funds) for such fiscal year. 329. Liability of the Association and the directors, officers, and employees of the Association (a) In general The Association shall not be deemed to be an insurer or insurance producer within the meaning of any State law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance, including provisions imposing premium taxes, regulating insurer solvency or financial condition, establishing guaranty funds and levying assessments, or requiring claims settlement practices. (b) Liability of directors, officers, and employees No director, officer, or employee of the Association shall be personally liable to any person for any action taken or omitted in good faith in any matter within the scope of their responsibilities in connection with the Association. 330. Presidential oversight (a) Removal of board If the President determines that the Association is acting in a manner contrary to the interests of the public or the purposes of this subtitle or has failed to perform its duties under this subtitle, the President may remove the entire existing Board for the remainder of the term to which the members of the Board were appointed and appoint, in accordance with section 324 and with the advice and consent of the Senate, new members to fill the vacancies on the Board for the remainder of such terms. (b) Removal of board member The President may remove a member of the Board only for neglect of duty or malfeasance in office. (c) Suspension of rules or actions Following notice to the Board, the President, or a person designated by the President for such purpose, may suspend the effectiveness of any rule, or prohibit any action, of the Association which the President or the designee determines is contrary to the purposes of this subtitle. 331. Relationship to State law (a) Preemption of state laws State laws, regulations, provisions, or other actions purporting to regulate insurance producers shall be preempted to the extent provided in subsection (b). (b) Prohibited actions (1) In general No State shall— (A) impede the activities of, take any action against, or apply any provision of law or regulation arbitrarily or discriminatorily to, any insurance producer because that insurance producer or any affiliate plans to become, has applied to become, or is a member of the Association; (B) impose any requirement upon a member of the Association that it pay fees different from those required to be paid to that State were it not a member of the Association; or (C) impose any continuing education requirements on any nonresident insurance producer that is a member of the Association. (2) States other than a home State No State, other than a member’s home State, shall— (A) impose any licensing, personal or corporate qualifications, education, training, experience, residency, continuing education, or bonding requirement upon a member of the Association that is different from the criteria for membership in the Association or renewal of such membership; (B) impose any requirement upon a member of the Association that it be licensed, registered, or otherwise qualified to do business or remain in good standing in such State, including any requirement that such insurance producer register as a foreign company with the secretary of state or equivalent State official; (C) require that a member of the Association submit to a criminal history record check as a condition of doing business in such State; or (D) impose any licensing, registration, or appointment requirements upon a member of the Association, or require a member of the Association to be authorized to operate as an insurance producer, in order to sell, solicit, or negotiate insurance for commercial property and casualty risks to an insured with risks located in more than one State, if such member is licensed or otherwise authorized to operate in the State where the insured maintains its principal place of business and the contract of insurance insures risks located in that State. (3) Preservation of State disciplinary authority Nothing in this section may be construed to prohibit a State from investigating and taking appropriate disciplinary action, including suspension or revocation of a producer's authority to do business in a State, in accordance with such State's law and that is not inconsistent with the provisions of this section, against a member of the Association as a result of a complaint or for any alleged activity, regardless of whether such activity occurred before or after the producer commenced doing business in that State pursuant to Association membership. 332. Coordination with other regulators (a) Coordination with State insurance regulators The Association may— (1) establish a central clearinghouse, or utilize the NAIC or any other appropriate entity as a central clearinghouse, through which members of the Association may pursuant to section 323(e) disclose their intent to operate in 1 or more States and pay the licensing fees to the appropriate States; and (2) establish a national database for the collection of regulatory information concerning the activities of insurance producers or contract with the NAIC or any other entity to utilize such a database. (b) Coordination with the financial industry regulatory authority The Association shall coordinate with the Financial Industry Regulatory Authority in order to ease any administrative burdens that fall on persons that are members of both associations, consistent with the requirements of this subtitle and the Federal securities laws. 333. Right of action (a) Right of action Any person aggrieved by a decision or action of the Association may, after reasonably exhausting available avenues for resolution within the Association, commence a civil action in an appropriate United States district court, and obtain all appropriate relief. (b) Association interpretations In any such action, the court shall give appropriate weight to the Association’s interpretation of its bylaws and this subtitle. 334. Definitions For purposes of this subtitle, the following definitions shall apply: (1) Business entity The term business entity means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. (2) Home state The term home State means the State in which the insurance producer maintains its principal place of residence or business and is licensed to act as an insurance producer. (3) Insurance The term insurance means any product, other than title insurance or bail bonds, defined or regulated as insurance by the appropriate State insurance regulatory authority. (4) Insurance producer The term insurance producer means any insurance agent or broker, excess or surplus lines broker or agent, insurance consultant, limited insurance representative, and any other individual or entity that sells, solicits, or negotiates policies of insurance or offers advice, counsel, opinions or services related to insurance. (5) Principal place of business The term principal place of business means the State in which an insurance producer maintains the headquarters of the producer and, in the case of a business entity, where the entity's high-level officers direct, control, and coordinate the business activities of the entity. (6) Principal place of residence The term principal place of residence means the State in which an insurance producer resides for the greatest number of days during a calendar year. (7) State The term State includes any State, the District of Columbia, any territory of the United States, and Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. (8) State law (A) In general The term State law includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State. (B) Laws applicable in the district of columbia A law of the United States applicable only to or within the District of Columbia shall be treated as a State law rather than a law of the United States. . (b) Clerical amendment The table of contents for the Gramm-Leach-Bliley Act is amended by striking the items relating to subtitle C of title III and inserting the following new items: Subtitle C—National Association of Registered Agents and Brokers Sec. 321. National Association of Registered Agents and Brokers. Sec. 322. Purpose. Sec. 323. Membership. Sec. 324. Board of directors. Sec. 325. Officers. Sec. 326. Bylaws, rules, and disciplinary action. Sec. 327. Powers. Sec. 328. Report by Association. Sec. 329. Liability of the Association and the directors, officers, and employees of the Association. Sec. 330. Presidential oversight. Sec. 331. Relationship to State law. Sec. 332. Coordination with other regulators. Sec. 333. Right of action. Sec. 334. Definitions. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1155ih/xml/BILLS-113hr1155ih.xml

113-hr-1156

I 113th CONGRESS 1st Session H. R. 1156 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Hastings of Washington introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to adjust the boundary of the Stephen Mather Wilderness and the North Cascades National Park in order to allow the rebuilding of a road outside of the floodplain while ensuring that there is no net loss of acreage to the Park or the Wilderness, and for other purposes. 1. Findings Congress finds as follows: (1) In 1988, 93 percent of the North Cascades National Park Complex was designated the Stephen Mather Wilderness. (2) A road corridor was deliberately excluded from the wilderness designation to provide for the continued use and maintenance of the upper Stehekin Valley Road. (3) The upper Stehekin Valley Road provides access to Stephen Mather Wilderness trailheads and North Cascades National Park from the Lake Chelan National Recreation Area. (4) Record flooding in 1995 and again in 2003 caused severe damage to the upper Stehekin Valley Road and led to the closure of a 9.9-mile section of the road between Car Wash Falls and Cottonwood Camp. (5) The National Park Service currently does not have the flexibility to rebuild the upper Stehekin Valley Road away from the Stehekin River due to the current location of the non-wilderness road corridor provided by Congress in 1988. (6) It is a high priority that the people of the United States, including families, the disabled, and the elderly, have reasonable access to the National Parks system and their public lands. (7) The 1995 Lake Chelan National Recreation Area General Management Plan calls for retaining vehicle access to Cottonwood Camp. (8) Tourism associated with the North Cascades National Park Complex is an important part of the economy for rural communities in the area. (9) Additional management flexibility would allow the National Park Service to consider retention of the upper Stehekin Valley Road in a manner that provides for no net loss of wilderness. 2. Authorization for boundary adjustments The Washington Park Wilderness Act of 1988 ( Public Law 100–668 ) is amended by inserting after section 206 the following: 207. Boundary adjustments for road (a) In general The Secretary may adjust the boundaries of the North Cascades National Park and the Stephen Mather Wilderness in order to provide a 100-foot-wide corridor along which the Stehekin Valley Road may be rebuilt— (1) outside of the floodplain between milepost 12.9 and milepost 22.8; (2) within the boundaries of the North Cascades National Park; and (3) outside of the boundaries of the Stephen Mather Wilderness. (b) No net loss of lands The boundary adjustments made under this section shall be such that equal acreage amounts are exchanged between the Stephen Mather Wilderness and the North Cascades National Park, resulting in no net loss of acreage to either the Stephen Mather Wilderness or the North Cascades National Park. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1156ih/xml/BILLS-113hr1156ih.xml

113-hr-1157

I 113th CONGRESS 1st Session H. R. 1157 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Hastings of Washington introduced the following bill; which was referred to the Committee on Natural Resources A BILL To ensure public access to the summit of Rattlesnake Mountain in the Hanford Reach National Monument for educational, recreational, historical, scientific, cultural, and other purposes. 1. Short title This Act may be cited as the Rattlesnake Mountain Public Access Act . 2. Findings Congress finds the following: (1) The Hanford Reach National Monument is public land that belongs to the American people. (2) The United States Fish and Wildlife Service’s Comprehensive Conservation Plan (CCP) for the Monument restricts public access to large portions of the Monument, including the summit of Rattlesnake Mountain. (3) Public access to Rattlesnake Mountain is important for educational, recreational, historical, scientific, and cultural purposes. (4) Rattlesnake Mountain reaches an elevation of 3,660 feet above sea level—the highest elevation of the Monument, and provides unparalleled scenic views over the Monument, the Hanford Site, and the Columbia River. (5) Public access to Rattlesnake Mountain will increase tourism interest in the Monument and will provide economic benefits to local governments. 3. Ensuring public access to the summit of rattlesnake mountain in the hanford reach national monument (a) In general The Secretary of the Interior shall provide public access to the summit of Rattlesnake Mountain in the Hanford Reach National Monument for educational, recreational, historical, scientific, cultural, and other purposes, including— (1) motor vehicle access; and (2) pedestrian and other nonmotorized access. (b) Cooperative agreements The Secretary of the Interior may enter into cooperative agreements to facilitate access to the summit of Rattlesnake Mountain— (1) with the Secretary of Energy, the State of Washington, or any local government agency or other interested persons, for guided tours, including guided motorized tours to the summit of Rattlesnake Mountain; and (2) with the Secretary of Energy, and with the State of Washington or any local government agency or other interested persons, to maintain the access road to the summit of Rattlesnake Mountain.

https://www.govinfo.gov/content/pkg/BILLS-113hr1157ih/xml/BILLS-113hr1157ih.xml

113-hr-1158

I 113th CONGRESS 1st Session H. R. 1158 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Hastings of Washington introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to continue stocking fish in certain lakes in the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. 1. Short title This Act may be cited as the North Cascades National Park Service Complex Fish Stocking Act . 2. Definitions In this Act: (1) North cascades national park service complex The term North Cascades National Park Service Complex means collectively the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. (2) Plan The term plan means the document entitled North Cascades National Park Service Complex Mountain Lakes Fishery Management Plan and Environmental Impact Statement and dated June 2008. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Stocking of certain lakes in the north cascades national park service complex (a) In general Subject to subsection (b), the Secretary shall authorize the stocking of fish in lakes in the North Cascades National Park Service Complex. (b) Conditions (1) In general The Secretary is authorized to allow stocking of fish in not more than 42 of the 91 lakes in the North Cascades National Park Service Complex that have historically been stocked with fish. (2) Native nonreproducing fish The Secretary shall only stock fish that are— (A) native to the slope of the Cascade Range on which the lake to be stocked is located; and (B) nonreproducing, as identified in management alternative B of the plan. (3) Considerations In making fish stocking decisions under this Act, the Secretary shall consider relevant scientific information, including the plan and information gathered under subsection (c). (4) Required coordination The Secretary shall coordinate the stocking of fish under this Act with the State of Washington. (c) Research and monitoring The Secretary shall— (1) continue a program of research and monitoring of the impacts of fish stocking on the resources of the applicable unit of the North Cascades National Park Service Complex; and (2) beginning on the date that is 5 years after the date of enactment of this Act and every 5 years thereafter, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the research and monitoring under paragraph (1).

https://www.govinfo.gov/content/pkg/BILLS-113hr1158ih/xml/BILLS-113hr1158ih.xml

113-hr-1159

I 113th CONGRESS 1st Session H. R. 1159 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Hastings of Washington (for himself, Mr. Bishop of Utah , Mr. Simpson , and Mr. Daines ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To modify the Forest Service Recreation Residence Program by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Cabin Fee Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Cabin user fees. Sec. 4. Payment of cabin transfer fees. Sec. 5. Right of appeal and judicial review. Sec. 6. Effect. Sec. 7. Regulations. 2. Definitions In this Act: (1) Authorization; authorize The terms authorization and authorize mean the issuance of a special use permit for the use and occupancy of National Forest System land by a cabin owner under the Recreation Residence Program. (2) Cabin The term cabin means a privately built and owned recreation residence and related improvements on National Forest System land that— (A) is authorized for private use and occupancy; and (B) may be sold or transferred between private parties. (3) Cabin owner The term cabin owner means— (A) a person authorized by the Secretary to use and to occupy a cabin; and (B) a trust, heir, or assign of a person described in subparagraph (A). (4) Cabin transfer fee The term cabin transfer fee means a fee that is paid to the United States on the transfer of a cabin between private parties for money or other consideration that results in the issuance of a new permit. (5) Cabin user fee The term cabin user fee means an annual fee paid to the United States by a cabin owner in accordance with an authorization for the use and occupancy of a cabin. (6) Current appraisal cycle The term current appraisal cycle means the completion of Forest Service review and acceptance of— (A) initial typical lot appraisals; and (B) second appraisals, if ordered by cabin owners and approved by the Forest Service. (7) Current cabin user fee The term current cabin user fee means the most recent cabin user fee, as adjusted under section 3(c). (8) Lot The term lot means a parcel of National Forest System land on which a person is authorized to build, use, occupy, and maintain a cabin. (9) National forest system The term National Forest System has the meaning given that term in section 11 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609 ). (10) Recreation residence program The term Recreation Residence Program means the Recreation Residence Program established under the last paragraph under the heading FOREST SERVICE in the Act of March 4, 1915 ( 16 U.S.C. 497 ). (11) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (12) Typical lot The term typical lot means a cabin lot, or group of cabin lots, in a tract that is selected for use in an appraisal as being representative of, and that has similar value characteristics as, other lots or groups of lots within the tract. 3. Cabin user fees (a) Payment of cabin user fees Cabin owners shall pay an annual cabin user fee established by the Secretary in accordance with this section. (b) Initial cabin user fees (1) Establishment The Secretary shall establish initial cabin user fees in accordance with this subsection. (2) Assignment to value tiers On completion of the current appraisal cycle, as required by paragraph (4), the Secretary shall assign each permitted lot on National Forest System land to 1 of 10 tiers based on the following considerations: (A) Before assigning the lots to tiers, all appraised lot values shall be adjusted, or normalized, for price changes occurring after the appraisal, in accordance with the National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (B) Second appraisal values shall supersede initial lot appraisal values for the normalization and ranking process under subparagraph (A). (C) The tiers shall be established, on a national basis, according to relative lot value, with lots having the lowest adjusted appraised value assigned to tier 1 and lots having the highest adjusted appraised value assigned to tier 10. (D) The number of lots (by percentage) assigned to each tier is contained in the table set forth in paragraph (3). (E) Data from incomplete appraisals may not be used to establish the fee tiers under this subsection. (F) Until assigned to a tier under this subsection, the Secretary shall assess (and may adjust annually subject to clause (ii)) an interim fee for permitted cabin lots (including lots with incomplete appraisals) in an amount equal to the lesser of— (i) $5,000; or (ii) the amount of the current cabin user fee, as determined under the Cabin User Fee Fairness Act of 2000 ( 16 U.S.C. 6201 et seq. ), which amount the Secretary may increase annually by not more than 25 percent, except that the increased fee shall not exceed the otherwise scheduled fee determined under the Cabin User Fee Fairness Act of 2000. (3) Amount of initial cabin user fees The initial cabin user fees, based on the assignments under paragraph (2), are as follows: Fee Tier Approximate Percent of Permits Nationally Fee Amount Tier 1 5 percent $500 Tier 2 12 percent $1,000 Tier 3 22 percent $1,500 Tier 4 22 percent $2,000 Tier 5 10 percent $2,500 Tier 6 9 percent $3,000 Tier 7 6 percent $3,500 Tier 8 5 percent $4,000 Tier 9 5 percent $4,500 Tier 10 4 percent $5,000 (4) Deadline for completion of current appraisal cycle Not later than 3 years after the date of enactment of this Act, the Secretary shall complete the current appraisal cycle. (5) Effective date The initial cabin user fees required by this subsection shall take effect beginning with the first calendar year beginning after the completion of the current appraisal cycle. (c) Annual adjustments of cabin user fee Once initial cabin user fees have been assessed, based on the tier assignments under subsection (b)(2), the Secretary shall use changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average, to assess an annual adjustment to cabin user fees. (d) Effect of destruction, substantial damage, or loss of access (1) In general The Secretary shall reduce the cabin user fee to $100 per year for a cabin if— (A) the cabin is destroyed or suffers substantial damage in an amount that is greater than 50 percent of replacement cost of the cabin; or (B) access to the cabin is significantly impaired, whether by catastrophic events, natural causes, or governmental actions. (2) Term of reduced fee The reduced fee under paragraph (1) shall be in effect until the later of— (A) the last day of the year in which the destruction or impairment occurs; or (B) the date on which the cabin may be lawfully reoccupied and normal access has been restored. 4. Payment of cabin transfer fees As a condition of the issuance by the Secretary of a new authorization for the use and occupancy of the cabin, the cabin owner transferring the cabin shall pay to the Secretary a cabin transfer fee in the amount of $1,200. 5. Right of appeal and judicial review (a) Right of appeal (1) In general Notwithstanding any action of a cabin owner to exercise rights in accordance with section 6, the Secretary shall by regulation grant to the cabin owner the right to an administrative appeal of the determination of a new cabin user fee, fee tier, or whether or not to reduce a cabin user fee under section 3(d). (2) Applicable law An appeal under paragraph (1) shall be pursuant to the appeal process provided under subpart C of part 251 of title 36, Code of Federal Regulations (or a successor regulation). (b) Judicial review (1) In general A cabin owner that contests a final decision of the Secretary under this Act may bring a civil action in United States district court. (2) Venue The venue for an action brought before the United States district court under this subsection shall be in the Federal judicial district in which the cabin is located. (3) Effect on mediation Nothing in this Act precludes a person from seeking mediation for an action under this Act. 6. Effect (a) In general Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource. (b) Special rule for alaska In determining a cabin user fee in the State of Alaska, the Secretary shall not establish or impose a cabin user fee or a condition affecting a cabin user fee that is inconsistent with 1303(d) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3193(d) ). 7. Regulations Not later than December 31, 2014, the Secretary shall issue regulations to carry out this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1159ih/xml/BILLS-113hr1159ih.xml

113-hr-1160

I 113th CONGRESS 1st Session H. R. 1160 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mrs. Lummis (for herself, Mr. Harris , and Mr. LaMalfa ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to set the retirement benefits age for today’s six-year-olds at age 70. 1. Short title This Act may be cited as Alex’s Law . 2. Increase in the full retirement age and the early retirement age (a) In general Section 216(l) of the Social Security Act ( 42 U.S.C. 416(l) ) is amended— (1) in paragraph (1)— (A) by striking early retirement age each place it appears and inserting the applicable reference age ; (B) by striking the age increase factor (as determined under paragraph (3)) each place it appears and inserting the first age increase factor (as determined under paragraph (3)(A)) ; (C) in subparagraph (A), by striking paragraph (2) and inserting paragraph (4) ; (D) in subparagraph (D), by striking and after the semicolon; (E) in subparagraph (E), by striking 67 years of age. and inserting and before January 1, 2023, 67 years of age; ; and (F) by inserting after subparagraph (E) the following: (F) with respect to an individual who attains the applicable reference age after December 31, 2022, and before January 1, 2069, 67 years of age plus the number of months in the second age increase factor (as determined under paragraph (3)(B)) for the calendar year in which such individual attains the applicable reference age; and (G) with respect to an individual who attains the applicable reference age after December 31, 2068, 70 years of age. ; and (2) by striking paragraphs (2) and (3) and inserting the following: (2) The term early retirement age means— (A) in the case of an old-age, wife’s, or husband’s insurance benefit— (i) with respect to an individual who attains the applicable reference age before January 1, 2023, 62 years of age; and (ii) with respect to an individual who attains the applicable reference age after December 31, 2022, and before January 1, 2069, 62 years of age (in the case of an old-age, wife’s, or husband’s insurance benefit), plus the number of months in the second age increase factor (as determined under paragraph (3)(B)) for the calendar year in which such individual attains the applicable reference age; and (iii) with respect to an individual who attains the applicable reference age after December 31, 2068, 65 years of age; and (B) in the case of a widow’s or widower’s insurance benefit, 2 years less than the age provided under subparagraph (A). (3) (A) The first retirement age increase factor for any individual who attains the applicable reference age in a calendar year within the 5-year period consisting of the calendar years 2000 through 2004 or the calendar years 2017 through 2021 shall be equal to 2/12 of the number of months in the period beginning with January of the first calendar year in such period and ending with December of the year in which the individual attains the applicable reference age. (B) The second retirement age increase factor for any individual who attains the applicable reference age in the 46-year period consisting of the calendar years 2023 through 2068 shall be equal to 3/47 of the number of months in the period beginning with January 2023 and ending with December of the year in which the individual attains the applicable reference age. In any case in which the second age increase factor for any calendar year is not a whole number of calendar months, such factor shall be deemed to be equal to the next lower whole number of calendar months. (4) The term applicable reference age means 62 years of age (in the case of an old-age, wife’s, or husband’s insurance benefit) and 60 years of age (in the case of a widow’s or widower’s insurance benefit). . (b) Conforming extension of maximum age for entitlement to delayed retirement credit Section 202(w)(2)(A) of such Act ( 42 U.S.C. 402(w)(2)(A) ) is amended— (1) by striking prior to the month in which such individual attained age 70, and and inserting prior to the later of— ; and (2) by adding at the end the following: (i) the month in which such individual would attain age 70, or (ii) the month which ends 3 years after the end of the month in which such individual attained retirement age (as defined in section 216(l)), and . (c) Conforming increase in number of elapsed years for purposes of determining primary insurance amount Section 215(b)(2)(B)(iii) of such Act (42 U.S.C. 415(b)(2)(B)(iii)) is amended by striking age 62 and inserting early retirement age . (d) Study relating to additional conforming amendments (1) In general As soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall conduct a study of the additional technical and conforming amendments to title II of the Social Security Act and other relevant provisions of law relating to the age of a beneficiary or applicant for benefits which are necessary to effectively carry out the programs provided for under such title and other provisions, taking into account the amendments made by this section. (2) Report Not later than 1 year after the date of the enactment of this Act, the Commissioner shall transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report of the results of the study conducted pursuant to paragraph (1). The Commissioner shall include in such report such recommendations for legislative and administrative changes as the Commissioner, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, determines to be appropriate.

https://www.govinfo.gov/content/pkg/BILLS-113hr1160ih/xml/BILLS-113hr1160ih.xml

113-hr-1161

I 113th CONGRESS 1st Session H. R. 1161 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Richmond introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To modify the project for navigation, Mississippi River Ship Channel, Gulf of Mexico to Baton Rouge, Louisiana, and for other purposes. 1. Short title This Act may be cited as the Dredging for Restoration and Economic Development for Global Exports Act of 2013 or the DREDGE Act of 2013 . 2. Mississippi River Ship Channel, Gulf of Mexico to Baton Rouge, Louisiana (a) Project modification The project for navigation, Mississippi River Ship Channel, Gulf of Mexico to Baton Rouge, Louisiana, authorized by section 201 of the Water Resources Development Act of 1986 (100 Stat. 4090), is modified as follows: (1) To direct the Secretary of the Army to achieve, operate, and maintain a navigation channel of 50 feet with respect to the portion of the project from Baton Rouge to the Southwest Pass sea buoy. (2) To direct the Secretary to complete the work required under paragraph (1) not later than the last day of the third fiscal year beginning after the date of enactment of this Act (completing at least one-third of such work in each of the first 2 fiscal years beginning after such date of enactment). (3) To direct the Secretary to conduct a pilot disposal and sediment project in the Southwest Pass area to determine the cost-effectiveness of pump-out disposal operations for hopper dredges for— (A) environmental enhancement; and (B) dredged material disposal. (b) Consultation In carrying out subsection (a)(3), the Secretary shall consult with appropriate Federal, State, and local agencies and stakeholders to determine the safe placement and timing of pump-out disposal operations that protect, create, restore, and nourish coastal wetlands and aquatic habitat. (c) Treatment of costs All costs of the work required under subsection (a) shall be treated as operation and maintenance costs, including the first costs of achieving a navigation channel of 50 feet. (d) Federal share Notwithstanding section 101(b)(1) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)(1)), the Federal share of the cost of the work required under subsection (a) shall be 100 percent. (e) Funding Notwithstanding section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ) or section 9505 of the Internal Revenue Code of 1986, the Secretary shall pay 100 percent of the costs of the work required under subsection (a) out of amounts made available to the Secretary from the Harbor Maintenance Trust Fund for operation and maintenance expenses. (f) Report to Congress Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on— (1) the cost and the environmental, storm damage reduction, and social benefits of the pump-out disposal operation carried out under subsection (a)(3), as compared to standard dredging practices for the area; and (2) the total quantity of dredge material produced during operation and maintenance activities in the New Orleans District and the quantity that is beneficially used. (g) Limitation on statutory construction Nothing in this section may be construed to affect the authority of the Secretary with respect to the width of the project referred to in subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr1161ih/xml/BILLS-113hr1161ih.xml

113-hr-1162

I 113th CONGRESS 1st Session H. R. 1162 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Issa (for himself and Mr. Cummings ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 31, United States Code, to make improvements in the Government Accountability Office. 1. Short title This Act may be cited as the Government Accountability Office Improvement Act . 2. Government Accountability Office Improvement (a) Authority To obtain information (1) Authority to obtain records Section 716 of title 31, United States Code, is amended in subsection (a)— (A) by striking (a) and inserting (2) ; and (B) by inserting after the section heading the following: (a) (1) The Comptroller General is authorized to obtain such agency records as the Comptroller General requires to discharge his duties (including audit, evaluation, and investigative duties), including through the bringing of civil actions under this section. In reviewing a civil action under this section, the court shall recognize the continuing force and effect of the authorization in the preceding sentence until such time as the authorization is repealed pursuant to law. . (2) Copies Section 716(a) of title 31, United States Code, as amended by subsection (a), is further amended in the second sentence of paragraph (2) by striking inspect an agency record and inserting inspect, and make and retain copies of, an agency record . (b) Administering oaths Section 711 of title 31, United States Code, is amended by striking paragraph (4) and inserting the following: (4) administer oaths to witnesses when auditing and settling accounts and, with the prior express approval of the Comptroller General, when investigating fraud or attempts to defraud the United States, or irregularity or misconduct of an employee or agent of the United States. . (c) Access to certain information (1) Access to certain information Subchapter II of chapter 7 of title 31, United States Code, is amended by adding at the end the following: 721. Access to certain information (a) No provision of the Social Security Act, including section 453(l) of that Act (42 U.S.C. 653(l)), shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information or to inspect or copy any record under section 716 of this title. (b) No provision of the Federal Food, Drug, and Cosmetic Act, including section 301(j) of that Act ( 21 U.S.C. 331(j) ), shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information or to inspect or copy any record under section 716 of this title. (c) No provision of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ( Public Law 94–435 ) and the amendments made by that Act shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain any information or to inspect or copy any record under section 716 of this title, including with respect to any information disclosed to the Assistant Attorney General of the Antitrust Division of the Department of Justice or the Federal Trade Commission for purposes of pre-merger review under section 7A of the Clayton Act (15 U.S.C. 18a). (d) (1) The Comptroller General shall prescribe such policies and procedures as are necessary to protect from public disclosure proprietary or trade secret information obtained consistent with this section. (2) Nothing in this section shall be construed to— (A) alter or amend the prohibitions against the disclosure of trade secret or other sensitive information prohibited by section 1905 of title 18 and other applicable laws; or (B) affect the applicability of section 716(e) of this title, including the protections against unauthorized disclosure contained in that section, to information obtained consistent with this section. (e) Specific references to statutes in this section shall not be construed to affect access by the Government Accountability Office to information under statutes that are not so referenced. . (2) Technical and conforming amendment The table of sections for chapter 7 of title 31, United States Code, is amended by inserting after the item relating to section 720 the following: 721. Access to certain information. . (d) Agency reports Section 720(b) of title 31, United States Code, is amended— (1) in the matter preceding paragraph (1), by inserting or planned after action taken ; and (2) by striking paragraph (1) and inserting the following: (1) the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the congressional committees with jurisdiction over the agency program or activity that is the subject of the recommendation, and the Government Accountability Office before the 61st day after the date of the report; and .

https://www.govinfo.gov/content/pkg/BILLS-113hr1162ih/xml/BILLS-113hr1162ih.xml

113-hr-1163

I 113th CONGRESS 1st Session H. R. 1163 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Issa (for himself, Mr. Cummings , Mr. Mica , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend chapter 35 of title 44, United States Code, to revise requirements relating to Federal information security, and for other purposes. 1. Short title This Act may be cited as the Federal Information Security Amendments Act of 2013 . 2. Coordination of Federal information policy Chapter 35 of title 44, United States Code, is amended by striking subchapters II and III and inserting the following: II Information Security 3551. Purposes The purposes of this subchapter are to— (1) provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support Federal operations and assets; (2) recognize the highly networked nature of the current Federal computing environment and provide effective Governmentwide management and oversight of the related information security risks, including coordination of information security efforts throughout the civilian, national security, and law enforcement communities assets; (3) provide for development and maintenance of minimum controls required to protect Federal information and information systems; (4) provide a mechanism for improved oversight of Federal agency information security programs and systems through a focus on automated and continuous monitoring of agency information systems and regular threat assessments; (5) acknowledge that commercially developed information security products offer advanced, dynamic, robust, and effective information security solutions, reflecting market solutions for the protection of critical information systems important to the national defense and economic security of the Nation that are designed, built, and operated by the private sector; and (6) recognize that the selection of specific technical hardware and software information security solutions should be left to individual agencies from among commercially developed products. 3552. Definitions (a) Section 3502 definitions Except as provided under subsection (b), the definitions under section 3502 shall apply to this subchapter. (b) Additional definitions In this subchapter: (1) Adequate security The term adequate security means security commensurate with the risk and magnitude of the harm resulting from the unauthorized access to or loss, misuse, destruction, or modification of information. (2) Automated and continuous monitoring The term automated and continuous monitoring means monitoring, with minimal human involvement, through an uninterrupted, ongoing real time, or near real-time process used to determine if the complete set of planned, required, and deployed security controls within an information system continue to be effective over time with rapidly changing information technology and threat development. (3) Incident The term incident means an occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system, or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies. (4) Information security The term information security means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— (A) integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity; (B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and (C) availability, which means ensuring timely and reliable access to and use of information. (5) Information system The term information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information and includes— (A) computers and computer networks; (B) ancillary equipment; (C) software, firmware, and related procedures; (D) services, including support services; and (E) related resources. (6) Information technology The term information technology has the meaning given that term in section 11101 of title 40. (7) National security system (A) Definition The term national security system means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency— (i) the function, operation, or use of which— (I) involves intelligence activities; (II) involves cryptologic activities related to national security; (III) involves command and control of military forces; (IV) involves equipment that is an integral part of a weapon or weapons system; or (V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or (ii) is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (B) Exception Subparagraph (A)(i)(V) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). (8) Threat assessment The term threat assessment means the formal description and evaluation of threat to an information system. 3553. Authority and functions of the Director (a) In general The Director shall oversee agency information security policies and practices, including— (1) developing and overseeing the implementation of policies, principles, standards, and guidelines on information security, including through ensuring timely agency adoption of and compliance with standards promulgated under section 11331 of title 40; (2) requiring agencies, consistent with the standards promulgated under such section 11331 and the requirements of this subchapter, to identify and provide information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of— (A) information collected or maintained by or on behalf of an agency; or (B) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency; (3) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) with agencies and offices operating or exercising control of national security systems (including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are complementary with standards and guidelines developed for national security systems; (4) overseeing agency compliance with the requirements of this subchapter, including through any authorized action under section 11303 of title 40, to enforce accountability for compliance with such requirements; (5) reviewing at least annually, and approving or disapproving, agency information security programs required under section 3554(b); (6) coordinating information security policies and procedures with related information resources management policies and procedures; (7) overseeing the operation of the Federal information security incident center required under section 3555; and (8) reporting to Congress no later than March 1 of each year on agency compliance with the requirements of this subchapter, including— (A) an assessment of the development, promulgation, and adoption of, and compliance with, standards developed under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3) and promulgated under section 11331 of title 40; (B) significant deficiencies in agency information security practices; (C) planned remedial action to address such deficiencies; and (D) a summary of, and the views of the Director on, the report prepared by the National Institute of Standards and Technology under section 20(d)(10) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ). (b) National security systems Except for the authorities described in paragraphs (4) and (8) of subsection (a), the authorities of the Director under this section shall not apply to national security systems. (c) Department of defense and central intelligence agency systems (1) The authorities of the Director described in paragraphs (1) and (2) of subsection (a) shall be delegated to the Secretary of Defense in the case of systems described in paragraph (2) and to the Director of Central Intelligence in the case of systems described in paragraph (3). (2) The systems described in this paragraph are systems that are operated by the Department of Defense, a contractor of the Department of Defense, or another entity on behalf of the Department of Defense that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of the Department of Defense. (3) The systems described in this paragraph are systems that are operated by the Central Intelligence Agency, a contractor of the Central Intelligence Agency, or another entity on behalf of the Central Intelligence Agency that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of the Central Intelligence Agency. 3554. Agency responsibilities (a) In general The head of each agency shall— (1) be responsible for— (A) providing information security protections commensurate with the risk and magnitude of the harm resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of— (i) information collected or maintained by or on behalf of the agency; and (ii) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency; (B) complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines, including— (i) information security standards and guidelines promulgated under section 11331 of title 40 and section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ); (ii) information security standards and guidelines for national security systems issued in accordance with law and as directed by the President; and (iii) ensuring the standards implemented for information systems and national security systems of the agency are complementary and uniform, to the extent practicable; (C) ensuring that information security management processes are integrated with agency strategic and operational planning and budget processes, including policies, procedures, and practices described in subsection (c)(2); (D) as appropriate, maintaining secure facilities that have the capability of accessing, sending, receiving, and storing classified information; (E) maintaining a sufficient number of personnel with security clearances, at the appropriate levels, to access, send, receive and analyze classified information to carry out the responsibilities of this subchapter; and (F) ensuring that information security performance indicators and measures are included in the annual performance evaluations of all managers, senior managers, senior executive service personnel, and political appointees; (2) ensure that senior agency officials provide information security for the information and information systems that support the operations and assets under their control, including through— (A) assessing the risk and magnitude of the harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of such information or information system; (B) determining the levels of information security appropriate to protect such information and information systems in accordance with policies, principles, standards, and guidelines promulgated under section 11331 of title 40 and section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) for information security classifications and related requirements; (C) implementing policies and procedures to cost effectively reduce risks to an acceptable level; (D) with a frequency sufficient to support risk-based security decisions, testing and evaluating information security controls and techniques to ensure that such controls and techniques are effectively implemented and operated; and (E) with a frequency sufficient to support risk-based security decisions, conducting threat assessments by monitoring information systems, identifying potential system vulnerabilities, and reporting security incidents in accordance with paragraph (3)(A)(v); (3) delegate to the Chief Information Officer or equivalent (or a senior agency official who reports to the Chief Information Officer or equivalent), who is designated as the Chief Information Security Officer , the authority and primary responsibility to develop, implement, and oversee an agencywide information security program to ensure and enforce compliance with the requirements imposed on the agency under this subchapter, including— (A) overseeing the establishment and maintenance of a security operations capability that through automated and continuous monitoring, when possible, can— (i) detect, report, respond to, contain, and mitigate incidents that impair information security and agency information systems, in accordance with policy provided by the Director; (ii) commensurate with the risk to information security, monitor and mitigate the vulnerabilities of every information system within the agency; (iii) continually evaluate risks posed to information collected or maintained by or on behalf of the agency and information systems and hold senior agency officials accountable for ensuring information security; (iv) collaborate with the Director and appropriate public and private sector security operations centers to detect, report, respond to, contain, and mitigate incidents that impact the security of information and information systems that extend beyond the control of the agency; and (v) report any incident described under clauses (i) and (ii) to the Federal information security incident center, to other appropriate security operations centers, and to the Inspector General of the agency, to the extent practicable, within 24 hours after discovery of the incident, but no later than 48 hours after such discovery; (B) developing, maintaining, and overseeing an agencywide information security program as required by subsection (b); (C) developing, maintaining, and overseeing information security policies, procedures, and control techniques to address all applicable requirements, including those issued under section 11331 of title 40; (D) training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities; and (E) assisting senior agency officials concerning their responsibilities under paragraph (2); (4) ensure that the agency has a sufficient number of trained and cleared personnel to assist the agency in complying with the requirements of this subchapter, other applicable laws, and related policies, procedures, standards, and guidelines; (5) ensure that the Chief Information Security Officer, in consultation with other senior agency officials, reports periodically, but not less than annually, to the agency head on— (A) the effectiveness of the agency information security program; (B) information derived from automated and continuous monitoring, when possible, and threat assessments; and (C) the progress of remedial actions; (6) ensure that the Chief Information Security Officer possesses the necessary qualifications, including education, training, experience, and the security clearance required to administer the functions described under this subchapter; and has information security duties as the primary duty of that official; and (7) ensure that components of that agency establish and maintain an automated reporting mechanism that allows the Chief Information Security Officer with responsibility for the entire agency, and all components thereof, to implement, monitor, and hold senior agency officers accountable for the implementation of appropriate security policies, procedures, and controls of agency components. (b) Agency program Each agency shall develop, document, and implement an agencywide information security program, approved by the Director and consistent with components across and within agencies, to provide information security for the information and information systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor, or other source, that includes— (1) automated and continuous monitoring, when possible, of the risk and magnitude of the harm that could result from the disruption or unauthorized access, use, disclosure, modification, or destruction of information and information systems that support the operations and assets of the agency; (2) consistent with guidance developed under section 11331 of title 40, vulnerability assessments and penetration tests commensurate with the risk posed to agency information systems; (3) policies and procedures that— (A) cost effectively reduce information security risks to an acceptable level; (B) ensure compliance with— (i) the requirements of this subchapter; (ii) policies and procedures as may be prescribed by the Director, and information security standards promulgated pursuant to section 11331 of title 40; (iii) minimally acceptable system configuration requirements, as determined by the Director; and (iv) any other applicable requirements, including— (I) standards and guidelines for national security systems issued in accordance with law and as directed by the President; and (II) the National Institute of Standards and Technology standards and guidance; (C) develop, maintain, and oversee information security policies, procedures, and control techniques to address all applicable requirements, including those promulgated pursuant section 11331 of title 40; and (D) ensure the oversight and training of personnel with significant responsibilities for information security with respect to such responsibilities; (4) with a frequency sufficient to support risk-based security decisions, automated and continuous monitoring, when possible, for testing and evaluation of the effectiveness and compliance of information security policies, procedures, and practices, including— (A) controls of every information system identified in the inventory required under section 3505(c); and (B) controls relied on for an evaluation under this section; (5) a process for planning, implementing, evaluating, and documenting remedial action to address any deficiencies in the information security policies, procedures, and practices of the agency; (6) with a frequency sufficient to support risk-based security decisions, automated and continuous monitoring, when possible, for detecting, reporting, and responding to security incidents, consistent with standards and guidelines issued by the National Institute of Standards and Technology, including— (A) mitigating risks associated with such incidents before substantial damage is done; (B) notifying and consulting with the Federal information security incident center and other appropriate security operations response centers; and (C) notifying and consulting with, as appropriate— (i) law enforcement agencies and relevant Offices of Inspectors General; and (ii) any other agency, office, or entity, in accordance with law or as directed by the President; and (7) plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the agency. (c) Agency reporting Each agency shall— (1) submit an annual report on the adequacy and effectiveness of information security policies, procedures, and practices, and compliance with the requirements of this subchapter, including compliance with each requirement of subsection (b) to— (A) the Director; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Oversight and Government Reform of the House of Representatives; (D) other appropriate authorization and appropriations committees of Congress; and (E) the Comptroller General; (2) address the adequacy and effectiveness of information security policies, procedures, and practices in plans and reports relating to— (A) annual agency budgets; (B) information resources management of this subchapter; (C) information technology management under this chapter; (D) program performance under sections 1105 and 1115 through 1119 of title 31, and sections 2801 and 2805 of title 39; (E) financial management under chapter 9 of title 31, and the Chief Financial Officers Act of 1990 (31 U.S.C. 501 note; Public Law 101–576); (F) financial management systems under the Federal Financial Management Improvement Act of 1996 (31 U.S.C. 3512 note); and (G) internal accounting and administrative controls under section 3512 of title 31; and (3) report any significant deficiency in a policy, procedure, or practice identified under paragraph (1) or (2)— (A) as a material weakness in reporting under section 3512 of title 31; and (B) if relating to financial management systems, as an instance of a lack of substantial compliance under the Federal Financial Management Improvement Act of 1996 (31 U.S.C. 3512 note). 3555. Federal information security incident center (a) In general The Director shall ensure the operation of a central Federal information security incident center to— (1) provide timely technical assistance to operators of agency information systems regarding security incidents, including guidance on detecting and handling information security incidents; (2) compile and analyze information about incidents that threaten information security; (3) inform operators of agency information systems about current and potential information security threats, and vulnerabilities; and (4) consult with the National Institute of Standards and Technology, agencies or offices operating or exercising control of national security systems (including the National Security Agency), and such other agencies or offices in accordance with law and as directed by the President regarding information security incidents and related matters. (b) National security systems Each agency operating or exercising control of a national security system shall share information about information security incidents, threats, and vulnerabilities with the Federal information security incident center to the extent consistent with standards and guidelines for national security systems, issued in accordance with law and as directed by the President. (c) Review and approval The Director shall review and approve the policies, procedures, and guidance established in this subchapter to ensure that the incident center has the capability to effectively and efficiently detect, correlate, respond to, contain, mitigate, and remediate incidents that impair the adequate security of the information systems of more than one agency. To the extent practicable, the capability shall be continuous and technically automated. 3556. National security systems The head of each agency operating or exercising control of a national security system shall be responsible for ensuring that the agency— (1) provides information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of the information contained in such system; (2) implements information security policies and practices as required by standards and guidelines for national security systems, issued in accordance with law and as directed by the President; and (3) complies with the requirements of this subchapter. . 3. Technical and conforming amendments (a) Table of sections in title 44 The table of sections for chapter 35 of title 44, United States Code, is amended by striking the matter relating to subchapters II and III and inserting the following: SUBCHAPTER II—INFORMATION SECURITY Sec. 3551. Purposes. 3552. Definitions. 3553. Authority and functions of the Director. 3554. Agency responsibilities. 3555. Federal information security incident center. 3556. National security systems. . (b) Other references (1) Section 1001(c)(1)(A) of the Homeland Security Act of 2002 (6 U.S.C. 511(c)(1)(A)) is amended by striking section 3532(3) and inserting section 3552(b) . (2) Section 2222(j)(5) of title 10, United States Code, is amended by striking section 3542(b)(2) and inserting section 3552(b) . (3) Section 2223(c)(3) of title 10, United States Code, is amended, by striking section 3542(b)(2) and inserting section 3552(b) . (4) Section 2315 of title 10, United States Code, is amended by striking section 3542(b)(2) and inserting section 3552(b) . (5) Section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) is amended— (A) in subsections (a)(2) and (e)(5), by striking section 3532(b)(2) and inserting section 3552(b) ; and (B) in subsection (e)— (i) in paragraph (2), by striking section 3532(1) and inserting section 3552(b) ; and (ii) in paragraph (5), by striking section 3532(b)(2) and inserting section 3552(b) . (6) Section 8(d)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7406(d)(1) ) is amended by striking section 3534(b) and inserting section 3554(b) . 4. No additional funds authorized No additional funds are authorized to carry out the requirements of section 3554 of title 44, United States Code, as amended by section 2 of this Act. Such requirements shall be carried out using amounts otherwise authorized or appropriated. 5. Effective date This Act (including the amendments made by this Act) shall take effect 30 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1163ih/xml/BILLS-113hr1163ih.xml

113-hr-1164

I 113th CONGRESS 1st Session H. R. 1164 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Lankford (for himself, Mr. Hensarling , Mr. McClintock , Mrs. Blackburn , Mr. Ribble , Mrs. Lummis , Mr. Bucshon , Mr. Mullin , Mr. Duncan of South Carolina , Mr. Huizenga of Michigan , Mr. Daines , and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend title 31, United States Code, to provide for automatic continuing resolutions. 1. Short title This Act may be cited as the Government Shutdown Prevention Act . 2. Automatic continuing appropriations (a) In General Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: 1311. Continuing appropriations (a) (1) If any appropriation measure for a fiscal year is not enacted before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated such sums as may be necessary to continue any program, project, or activity for which funds were provided in the preceding fiscal year— (A) in the corresponding appropriation Act for such preceding fiscal year; or (B) if the corresponding appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. (2) (A) Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of— (i) 100 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; (ii) in the absence of such an Act, 100 percent of the rate of operations provided for such program, project, or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; or (iii) 100 percent of the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act; for the period of 120 days. After the first 120-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. The 90-day period reductions shall extend beyond the last day of that fiscal year. (B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. (3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. (b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. (c) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law. (d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period. . (b) Clerical Amendment The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: 1311. Continuing appropriations. .

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113-hr-1165

I 113th CONGRESS 1st Session H. R. 1165 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Calvert (for himself, Mr. Latta , Mr. Nunes , Mr. Gary G. Miller of California , Mr. McKeon , and Mr. Carter ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on the Budget and 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 greatly enhance the Nation’s environmental, energy, economic, and national security by terminating long-standing Federal prohibitions on the domestic production of abundant offshore supplies of oil and natural gas, and for other purposes. 1. Short title This Act may be cited as the Maximize Offshore Resource Exploration Act of 2013 or the MORE Act of 2013 . 2. Termination of prohibitions on expenditures for, and withdrawals from, offshore oil and gas leasing (a) Prohibitions on expenditures All provisions of Federal law that prohibit the expenditure of appropriated funds to conduct oil and natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect with respect to such activities. (b) Revocation withdrawals All withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing, including withdrawals by the President under the authority of section 12(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1341(a) ), are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, oil and natural gas. 3. Outer Continental Shelf oil and natural gas leasing program The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by inserting after section 9 the following: 10. State approval requirement with respect to oil and natural gas leasing (a) In general The Secretary may not issue any lease authorizing exploration for, or development of, oil and natural gas in any area of the outer Continental Shelf that is located within 25 miles of the coastline of a State unless the State has enacted a law approving of the issuance of such leases by the Secretary. (b) State approval permanent Repeal of such a law by a State shall have no effect for purposes of subsection (a). . 4. Sharing of revenues (a) In general Section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g) ) is amended— (1) in paragraph (2) by striking Notwithstanding and inserting Except as provided in paragraph (6), and notwithstanding ; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8); and (3) by inserting after paragraph (5) the following: (6) Royalties under qualified oil and gas leases (A) In general Except as provided in subparagraph (B), of amounts received by the United States as royalties under any qualified oil and gas lease on submerged lands that are located within the seaward boundaries of a State established under section 4(a)(2)(A)— (i) 12.5 percent shall be deposited in the general fund of the Treasury; (ii) 12.5 percent shall be deposited in the Renewable Energy Reserve established by section 5 of the MORE Act of 2013 ; and (iii) 75 percent shall be paid to the States that are producing States with respect to those submerged lands. (B) Lease tracts within 25 miles of the coastline Of amounts received by the United States as royalties under any qualified oil and gas lease on submerged lands that are located within 25 miles of the coastline of a State and within the seaward boundaries of a State established under section 4(a)(2)(A)— (i) 5 percent shall be deposited in the general fund of the Treasury; (ii) 5 percent shall be deposited in the Renewable Energy Reserve established by section 5 of the MORE Act of 2013 ; and (iii) 90 percent shall be paid to the States that are producing States with respect to those submerged lands. (C) Leased tract that lies partially within the seaward boundaries of a State In the case of a leased tract that lies partially within the seaward boundaries of a State, the amounts of royalties from such tract that are subject to subparagraph (A) or (B), as applicable, with respect to such State shall be a percentage of the total amounts of royalties from such tract that is equivalent to the total percentage of surface acreage of the tract that lies within such seaward boundaries. (D) Definitions In this paragraph: (i) Adjacent State The term adjacent State means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. (ii) Adjacent zone The term adjacent zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States. (iii) Producing State The term producing State means an adjacent State having an adjacent zone containing leased tracts from which are derived royalties under a lease under this Act. (iv) State The term State includes Puerto Rico and the other territories of the United States. (v) qualified oil and gas lease The term qualified oil and gas lease means a lease under this Act granted after the date of the enactment of the MORE Act of 2013 that authorizes development and production of oil and natural gas and associated condensate. (E) Application This paragraph shall apply to royalties received by the United States after September 30, 2013. . (b) Establishment of State seaward boundaries Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(a)(2)(A) ) is amended in the first sentence by striking , and the President and all that follows through the end of the sentence and inserting the following: . Such extended lines are deemed to be as indicated on the maps for each Outer Continental Shelf region entitled Alaska OCS Region State Adjacent Zone and OCS Planning Areas , Pacific OCS Region State Adjacent Zones and OCS Planning Areas , Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas , and Atlantic OCS Region State Adjacent Zones and OCS Planning Areas , all of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service. The preceding sentence shall not apply with respect to the treatment under section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ) of qualified outer Continental Shelf revenues deposited and disbursed under subsection (a)(2) of that section. . 5. Renewable Energy Reserve (a) In General For budgetary purposes, there is established a separate account in the Treasury to be known as the Renewable Energy Reserve . (b) Contents The Renewable Energy Reserve shall consist of amounts deposited into it under subparagraphs (A) and (B) of paragraph (6) of section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g) ), as amended by this Act. (c) Use The Renewable Energy Reserve shall be available to offset the cost of legislation enacted after the date of the enactment of this Act— (1) to accelerate the use of cleaner domestic energy resources and alternative fuels; (2) to promote the utilization of energy-efficient products and practices; and (3) to increase research, development, and deployment of clean renewable energy and efficiency technologies and job training programs for those purposes. (d) Procedure for Adjustments (1) Budget committee chairman After the reporting of a bill or joint resolution, or the offering of an amendment thereto or the submission of a conference report thereon, providing funding for the purposes set forth in subsection (c) in excess of the amounts provided for those purposes for fiscal year 2013, the chairman of the Committee on the Budget of the applicable House of Congress shall make the adjustments set forth in paragraph (2) for the amount of new budget authority and outlays in that measure and the outlays flowing from that budget authority. (2) Matters to be adjusted The adjustments referred to in paragraph (1) are to be made to— (A) the discretionary spending limits, if any, set forth in the appropriate concurrent resolution on the budget; (B) the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) of Congressional Budget Act of 1974; and (C) the budget aggregates contained in the appropriate concurrent resolution on the budget as required by section 301(a) of Congressional Budget Act of 1974. (3) Amounts of adjustments The adjustments referred to in paragraphs (1) and (2) shall not exceed the total of the receipts over a 10-year period, as estimated by the Congressional Budget Office upon the enactment of this Act.

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113-hr-1166

I 113th CONGRESS 1st Session H. R. 1166 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Pearce introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the United States courthouse located at 100 North Church Street in Las Cruces, New Mexico, as the Edwin L. Mechem United States Courthouse . 1. Findings Congress finds the following: (1) Edwin L. Mechem was a land surveyor with the United States Reclamation Service in Las Cruces, New Mexico, from 1932–1935. (2) He served as a member of the New Mexico State Police Commission. (3) He was a Special Agent with the Federal Bureau of Investigation. (4) He attended the New Mexico College of Agriculture and Mechanic Arts, which later became the New Mexico State University in Las Cruces, New Mexico. (5) He was admitted to the New Mexico bar in 1939, and practiced law in Albuquerque and Las Cruces, New Mexico. (6) He served in the New Mexico House of Representatives from 1947–1948. (7) He was the first New Mexico governor born in New Mexico after statehood. (8) He served four terms as Governor of New Mexico between 1951 and 1962. (9) He served as a United States Senator from New Mexico from 1962–1964. (10) He was confirmed by the United States Senate as a United States District Judge for the District of New Mexico on October 8, 1970, and served in that position until his death in 2002. (11) He led a rich and accomplished life dedicated to public service which warrants recognition. 2. Designation The United States courthouse located at 100 North Church Street in Las Cruces, New Mexico, shall be known and designated as the Edwin L. Mechem United States Courthouse . 3. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 2 shall be deemed to be a reference to the Edwin L. Mechem United States Courthouse .

https://www.govinfo.gov/content/pkg/BILLS-113hr1166ih/xml/BILLS-113hr1166ih.xml

113-hr-1167

I 113th CONGRESS 1st Session H. R. 1167 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources A BILL To quitclaim surface rights to certain Federal land under the jurisdiction of the Bureau of Land Management in Virginia City, Nevada, to Storey County, Nevada, to resolve conflicting ownership and title claims, and for other purposes. 1. Short title This Act may be cited as the Restoring Storey County Act . 2. Findings Congress finds as follows: (1) The Federal Government owns real property in Storey County in the State of Nevada. (2) While the real property described in paragraph (1) is under the jurisdiction of the Secretary, some of the real property has been occupied for decades by individuals— (A) who took possession by purchase or other documented and putatively legal transactions; and (B) the continued occupation by whom constitutes a trespass on the title held by the Federal Government. (3) As a result of the confused and conflicting ownership claims, the real property described in paragraph (1)— (A) is difficult to manage under multiple use policies; and (B) creates a continuing source of friction and unease between the Federal Government and local residents. (4) All of the real property described in paragraph (1) is appropriate for disposal for the purpose of promoting administrative efficiency and effectiveness. 3. Definitions For the purposes of this Act, the following definitions apply: (1) County The term County means Storey County, Nevada. (2) Federal land The term Federal land means the approximately 1,745 acres of Federal land identified on the map as BLM Owned - County Request Transfer . (3) Map The term map means the map titled Restoring Storey County Act and dated July 24, 2012. (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. 4. Conveyance of Federal land in Storey County, Nevada (a) Conveyance of Federal land in Virginia City Not later than 60 days after the date of the enactment of this Act, the Secretary shall convey to the County, by quitclaim deed, all surface rights of the United States in and to the Federal land, including any improvements thereon. All costs associated with the conveyance under this section shall be the responsibility of the Bureau of Land Management. (b) Applicability of certain laws No conveyance or combination of conveyances made under this section shall be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) and the National Historic Preservation Act shall not apply to any conveyance made under this section or to the real property, including improvements thereon, so conveyed.

https://www.govinfo.gov/content/pkg/BILLS-113hr1167ih/xml/BILLS-113hr1167ih.xml

113-hr-1168

I 113th CONGRESS 1st Session H. R. 1168 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior, acting through the Bureau of Land Management, to convey to the City of Carlin, Nevada, in exchange for consideration, all right, title, and interest of the United States, to any Federal land within that city that is under the jurisdiction of that agency, and for other purposes. 1. Conveyance of certain Federal land to City of Carlin, Nevada (a) Definitions (1) City The term City means the City of Carlin, Nevada. (2) Federal land The term Federal land means the land located in the City of Carlin, Nevada, that is identified on the map as Carlin Selected Parcels . (3) Map The term map means the map entitled Proposed Carlin, Nevada Land Sales map dated January 4, 2013. (b) Conveyance required Subject to valid existing rights and not later than 180 days after the date on which the Secretary of the Interior receives an offer from the City to purchase the Federal land, the Secretary, acting through the Bureau of Land Management, shall convey, notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), to the City, in exchange for consideration in an amount equal to the fair market value of the Federal land, all right, title, and interest of the United States, to such Federal land. (c) Appraisal To determine fair market value The Secretary shall determine the fair market value of the Federal land to be conveyed— (1) in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (2) based on an appraisal that is conducted in accordance with nationally recognized appraisal standards, including— (A) the Uniform Appraisal Standards for Federal Land Acquisition; and (B) the Uniform Standards of Professional Appraisal Practice. (d) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Costs The City shall, at closing for the conveyance authorized under subsection (b), pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under such subsection, including the costs of appraisal, title searches, maps, and boundary and cadastral surveys. (f) Conveyance not a major Federal action A conveyance or combination of conveyances made under this section shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ). (g) Release of United States Upon making the conveyance under subsection (b), notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal land in existence on or before the date of the conveyance.

https://www.govinfo.gov/content/pkg/BILLS-113hr1168ih/xml/BILLS-113hr1168ih.xml

113-hr-1169

I 113th CONGRESS 1st Session H. R. 1169 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to transfer to the Secretary of the Navy certain Federal land in Churchill County, Nevada. 1. Short title This Act may be cited as the Naval Air Station Fallon Housing and Safety Development Act . 2. Transfer of Department of the Interior Land (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall transfer to the Secretary of the Navy, without consideration, the Federal land described in subsection (b). (b) Description of Federal land The Federal land referred to in subsection (a) is the parcel of approximately 400 acres of land under the jurisdiction of the Secretary of the Interior that— (1) is adjacent to Naval Air Station Fallon in Churchill County, Nevada; and (2) was withdrawn under Public Land Order 6834 (NV–943–4214–10; N–37875). (c) Management On transfer of the Federal land described under subsection (b) to the Secretary of the Navy, the Secretary of the Navy shall have full jurisdiction, custody, and control of the Federal land.

https://www.govinfo.gov/content/pkg/BILLS-113hr1169ih/xml/BILLS-113hr1169ih.xml

113-hr-1170

I 113th CONGRESS 1st Session H. R. 1170 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior, acting through the Bureau of Land Management and the Bureau of Reclamation, to convey, by quitclaim deed, to the City of Fernley, Nevada, all right, title, and interest of the United States, to any Federal land within that city that is under the jurisdiction of either of those agencies. 1. Definitions In this Act: (1) City The term City means the City of Fernley, Nevada. (2) Federal land The term Federal land means the land located in the City of Fernley, Nevada, that is identified by the Secretary and the City for conveyance under this Act. (3) Map The term map means the map entitled Proposed Fernley, Nevada, Land Sales and dated January 11, 2013. 2. Conveyance of certain Federal land to City of Fernley, Nevada (a) Conveyance authorized Subject to valid existing rights and not later than 180 days after the date on which the Secretary of the Interior receives an offer from the City to purchase the Federal land depicted on the map, the Secretary, acting through the Bureau of Land Management and the Bureau of Reclamation, shall convey, notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), to the City in exchange for consideration in an amount equal to the fair market value of the Federal land, all right, title, and interest of the United States in and to such Federal land. (b) Appraisal To determine fair market value The Secretary shall determine the fair market value of the Federal land to be conveyed— (1) in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (2) based on an appraisal that is conducted in accordance with nationally recognized appraisal standards, including— (A) the Uniform Appraisal Standards for Federal Land Acquisition; and (B) the Uniform Standards of Professional Appraisal Practice. (c) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Reservation of easements and rights-of-Way The City and the Bureau of Reclamation may retain easements or rights-of-way on the Federal land to be conveyed, including easements or rights-of-way the Bureau of Reclamation determines are necessary to carry out— (1) the operation and maintenance of the Truckee Canal Irrigation District Canal; or (2) the Newlands Project. (e) Costs The City shall, at closing for the conveyance authorized under subsection (a), pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under such subsection, including the costs of appraisal, title searches, maps, and boundary and cadastral surveys. (f) Applicability of other laws A conveyance or combination of conveyances made under this section shall be made notwithstanding any of the following: (1) The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) The Endangered Species Act of 1973 ( 16 U.S.C. 1531 ). (3) The Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.). (4) The National Historical Preservation Act ( 16 U.S.C. 470 et seq. ). (5) The Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.). (6) The Canal Act of 1890 ( 43 U.S.C. 945 ). 3. Release of United States Upon making the conveyance under section 2, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal land in existence on or before the date of the conveyance.

https://www.govinfo.gov/content/pkg/BILLS-113hr1170ih/xml/BILLS-113hr1170ih.xml

113-hr-1171

I 113th CONGRESS 1st Session H. R. 1171 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Benishek (for himself, Ms. Brownley of California , Mr. Roe of Tennessee , and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 40, United States Code, to improve veterans service organizations access to Federal surplus personal property. 1. Short title This Act may be cited as the Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2013 or the FOR VETS Act of 2013 . 2. Veterans access to Federal excess and surplus personal property Section 549(c)(3) of title 40, United States Code, is amended— (1) in subparagraph (A), by striking or at the end; (2) in subparagraph (B)— (A) in clause (viii), by adding or at the end; and (B) by striking clause (x); and (3) by adding at the end the following: (C) for purposes of providing services to veterans (as defined in section 101 of title 38), to an organization whose— (i) membership comprises substantially veterans; and (ii) representatives are recognized by the Secretary of Veterans Affairs under section 5902 of title 38. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1171ih/xml/BILLS-113hr1171ih.xml

113-hr-1172

I 113th CONGRESS 1st Session H. R. 1172 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Bilirakis (for himself, Mr. Mulvaney , and Mr. Stivers ) 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 prevent the payment of unemployment compensation to individuals discharged for drug or alcohol use. 1. Denial of unemployment compensation to individuals discharged for drug or alcohol use (a) In general Subsection (a) of section 3304 of the Internal Revenue Code of 1986 is amended— (1) by inserting except as provided in paragraph (15), before compensation shall not in paragraph (10), (2) by redesignating paragraphs (15) through (19) as paragraphs (16) through (20), respectively, and (3) by inserting after paragraph (14) the following new paragraph: (15) compensation shall not be payable to any individual on the basis of any services performed in connection with employment from which the individual was discharged for an employment-related drug or alcohol offense (as defined in subsection (g)), . (b) Employment-Related drug or alcohol offense Section 3304 of such Code is amended by adding at the end the following new subsection: (g) Employment-Related drug or alcohol offense (1) In general For purposes of subsection (a)(15), the term employment-related drug or alcohol offense includes but is not limited to the following: (A) Being under the influence of, or consuming or otherwise using, alcohol or any controlled substance while performing services for the employer. (B) Possessing any controlled substance on the premises of the employer. (C) Failure to comply with a request by the employer to take a drug test. (D) Testing positive for illegal use of a controlled substance pursuant to a drug test requested by the employer. (2) Controlled substance For purposes of this subsection, the term controlled substance has the meaning given such term under applicable State law. (3) Drug test For purposes of this subsection, the term drug test means a test designed to detect the illegal use of a controlled substance. . (c) Effective date The amendments made by this section shall apply to compensation paid for weeks beginning after the end of the first session of the State legislature which begins after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1172ih/xml/BILLS-113hr1172ih.xml

113-hr-1173

I 113th CONGRESS 1st Session H. R. 1173 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Blumenauer (for himself, Mr. Hanna , Mr. Roe of Tennessee , Mr. Reed , Ms. Schwartz , Mr. Kind , Mr. George Miller of California , Mr. McDermott , Mr. Bera of California , Ms. Schakowsky , and Mrs. Capps ) 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 the Social Security Act to provide for coverage of voluntary advance care planning consultation under Medicare and Medicaid, and for other purposes. 1. Short title; findings; table of contents (a) Short title This Act may be cited as the Personalize Your Care Act of 2013 . (b) Findings Congress finds the following: (1) All individuals should be afforded the opportunity to fully participate in decisions related to their health care or the care of a person for whom they are the proxy or surrogate. (2) Every individual's values and goals should be identified, understood, and respected. Particular attention should be paid to populations which have not regularly had the opportunity to express their choices or preferences. (3) Advance care planning plays a valuable role in achieving quality care by informing physicians and family members of an individual’s treatment preferences should he or she become unable to direct care. (4) Early advance care planning is ideal because a person’s ability to make decisions may diminish over time and the person may suddenly lose the capability to participate in their health care decisions. (5) Advance directives (such as living wills and durable powers of attorney for health care) must be prepared while individuals have the capacity to complete them and only apply to future medical circumstances when decisionmaking capacity is lost. An individual can change or revoke an advance directive at any time. (6) Physician orders for life-sustaining treatment complement advance directives by providing a process to focus patients’ values, goals, and preferences on current medical circumstances and to translate them into visible and portable medical orders applicable across care settings. A patient (or proxy or surrogate) can change or revoke a physician order for life-sustaining treatment at any time. (7) Advance care planning should be routinely conducted in community and clinical practices. Care plans should be periodically revisited to reflect a person’s changes in values and perceptions at different stages and circumstances of life. This shared decisionmaking and collaborative planning between the patient (or proxy or surrogate) and the clinician of their choice will lead to more person-centered, culturally appropriate care. (8) Effective, respectful, and culturally competent advance care planning requires recognition that both overtreatment and undertreatment may be concerns of individuals contemplating future care. (9) More should be done within local health systems to establish specific policies and programs to assist people with sensory, mental, and other disabilities in order to maximize the degree to which they are active participants in the decisions related to their health care, including training health care providers to be aware of augmentative communication devices and how to communicate with people with developmental, psychiatric, speech, and sensory disabilities. (10) Studies funded by the Agency for Healthcare Research and Quality have shown that individuals who talked with their families or physicians about their preferences for care had less fear and anxiety, felt they had more ability to influence and direct their medical care, believed that their physicians had a better understanding of their wishes, and indicated a greater understanding and comfort level than they had before the discussion. Patients who had advance planning discussions with their physicians continued to discuss and talk about these concerns with their families. Such discussions enabled patients and families to reconcile any differences about care and could help the family and physician come to agreement if they should need to make decisions for the patient. (11) A decade of research has demonstrated that physician orders for life-sustaining treatment effectively convey patient preferences and guide medical personnel toward medical treatment aligned with patient wishes. Programs for these orders have developed locally on a statewide or communitywide basis and have different program names, forms, and policies, but all follow the principle of patient-centered care. (12) According to research published in the Archives of Internal Medicine, between 65 and 76 percent of physicians whose patients had an advance directive were not aware that it existed. (13) Including completed advance care planning documents within a patient’s electronic health record can increase the likelihood these documents are kept up-to-date and available at the right place at the right time. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; findings; table of contents. Sec. 2. Voluntary advance care planning consultation coverage under Medicare and Medicaid. Sec. 3. Grants for programs for physician orders for life-sustaining treatment. Sec. 4. Advance care planning standards for electronic health records. Sec. 5. Portability of advance directives. 2. Voluntary advance care planning consultation coverage under Medicare and Medicaid (a) Medicare (1) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (A) in subsection (s)(2)— (i) by striking and at the end of subparagraph (EE); (ii) by adding and at the end of subparagraph (FF); and (iii) by adding at the end the following new subparagraph: (GG) voluntary advance care planning consultation (as defined in subsection (iii)(1)); ; and (B) by adding at the end the following new subsection: (iii) Voluntary advance care planning consultation (1) Subject to paragraphs (3) and (4), the term voluntary advance care planning consultation means an optional consultation between the individual and a practitioner described in paragraph (2) regarding advance care planning. Such consultation may include the following, as specified by the Secretary: (A) An explanation by the practitioner of advance care planning and the uses of advance directives. (B) An explanation by the practitioner of the role and responsibilities of a proxy or surrogate. (C) An explanation by the practitioner of the services and supports available under this title during chronic and serious illness, including palliative care, home care, long-term care, and hospice care. (D) An explanation by the practitioner of physician orders for life-sustaining treatment or similar orders in States where such orders or similar orders exist. (E) Facilitation by the practitioner of shared decisionmaking with the patient (or proxy or surrogate) which may include— (i) use of decision aids and patient support tools; (ii) the provision of patient-centered, easy-to-understand information about advance care planning or disease-specific care planning; and (iii) the incorporation of patient preferences and values into the medical plan, an advance directive, and a physician order for life-sustaining treatment as appropriate. (2) A practitioner described in this paragraph is a physician (as defined in subsection (r)(1)), nurse practitioner, or physician assistant. (3) Payment may not be made under this title for a voluntary advance care planning consultation furnished more often than once every 5 years unless there is a significant change in the health, health-related condition, or care setting of the individual. (4) For purposes of this section, the term physician order for life-sustaining treatment means, with respect to an individual, an actionable medical order relating to the treatment of that individual that effectively communicates the individual’s preferences regarding life-sustaining treatment, is in a form that is sanctioned or approved under State law or regulation or is widely recognized by health care providers in the State, and permits it to be followed by health care professionals across the continuum of care. Such an order may be changed or revoked by the individual (or proxy or surrogate) at any time. . (2) Construction The voluntary advance care planning consultation described in section 1861(iii) of the Social Security Act, as added by paragraph (1), shall be completely optional. Nothing in this section shall— (A) require an individual to complete an advance directive or a physician order for life-sustaining treatment; (B) require an individual to consent to restrictions on the amount, duration, or scope of medical benefits an individual is entitled to receive under this title; or (C) violate the Assisted Suicide Funding Restriction Act of 1997 ( Public Law 105–12 ) by encouraging the promotion of suicide or assisted suicide. (3) Payment Section 1848(j)(3) of such Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(GG), before (3), . (4) Frequency limitation Section 1862(a) of such Act ( 42 U.S.C. 1395y(a) ) is amended— (A) in paragraph (1)— (i) in subparagraph (O), by striking and at the end; (ii) in subparagraph (P) by striking the semicolon at the end and inserting , and ; and (iii) by adding at the end the following new subparagraph: (Q) in the case of voluntary advance care planning consultations (as defined in paragraph (1) of section 1861(iii)), which are performed more frequently than is covered under such section; ; and (B) in paragraph (7), by striking or (P) and inserting (P), or (Q) . (5) Effective date The amendments made by this subsection shall apply to consultations furnished on or after January 1, 2014. (b) Medicaid (1) Mandatory benefit Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended, in the matter preceding clause (i), by striking and (28) and inserting , (28), and (29) . (2) Medical assistance Section 1905(a) of such Act ( 42 U.S.C. 1396d(a) ) is amended— (A) by striking and at the end of paragraph (28); (B) by redesignating paragraph (29) as paragraph (30); and (C) by inserting after paragraph (28) the following new paragraph: (29) voluntary advance care planning consultation (as defined in section 1861(iii)(1)); and . (c) Definition of advance directive under Medicare and Medicaid (1) Medicare Section 1866(f)(3) of the Social Security Act ( 42 U.S.C. 1395cc(f)(3) ) is amended by striking means and all that follows and inserting the following: means a living will, medical directive, health care power of attorney, durable power of attorney for health care, advance health care directive, health care directive, or other statement that is recorded and completed in a manner recognized under State law by an individual with capacity to make health care decisions and that indicates the individual’s wishes regarding medical treatment in the event of future incapacity of the individual to make health care decisions. . (2) Medicaid Section 1902(w)(4) of such Act ( 42 U.S.C. 1396a(w)(4) ) is amended by striking means and all that follows and inserting the following: means a living will, medical directive, health care power of attorney, durable power of attorney for health care, advance health care directive, health care directive, or other statement that is recorded and completed in a manner recognized under State law by an individual with capacity to make health care decisions and that indicates the individual’s wishes regarding medical treatment in the event of future incapacity of the individual to make health care decisions. . (d) Effective date The amendments made by this section take effect on January 1, 2014. 3. Grants for programs for physician orders for life-sustaining treatment (a) In general The Secretary of Health and Human Services shall make grants to eligible entities for the purpose of— (1) establishing statewide programs for physician orders for life-sustaining treatment; or (2) expanding or enhancing existing programs for physician orders for life-sustaining treatment. (b) Authorized activities Activities funded through a grant under this section for an area may include— (1) developing such a program for the area that includes hospitals, home care, hospice, long-term care, community and assisted living residences, skilled nursing facilities, and emergency medical services within a State; and (2) expanding an existing program for physician orders regarding life-sustaining treatment to serve more patients or enhance the quality of services, including educational services for patients and patients’ families, training of health care professionals, or establishing a physician orders for life-sustaining treatment registry. (c) Distribution of funds In funding grants under this section, the Secretary shall ensure that, of the funds appropriated to carry out this section for each fiscal year— (1) at least one-half are used for establishing new programs for physician orders regarding life-sustaining treatment; and (2) remaining funds are to be used for expanding or enhancing existing programs for physician orders regarding life-sustaining treatment. (d) Definitions In this section: (1) The term eligible entity includes— (A) an academic medical center, a medical school, a State health department, a State medical association, a multistate task force, a hospital, or a health system capable of administering a program for physician orders regarding life-sustaining treatment for a State; or (B) any other health care agency or entity as the Secretary determines appropriate. (2) The term physician order for life-sustaining treatment has the meaning given such term in section 1861(iii)(4) of the Social Security Act, as added by section 2. (3) The term program for physician orders for life-sustaining treatment means a program that— (A) supports the active use of physician orders for life-sustaining treatment in the State; and (B) is guided by a coalition of stakeholders that includes patient advocacy groups and representatives from across the continuum of health care services, such as disability rights advocates, senior advocates, emergency medical services, long-term care, medical associations, hospitals, home health, hospice, the State agency responsible for senior and disability services, and the State department of health. (4) The term Secretary means the Secretary of Health and Human Services. (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2014 through 2019. 4. Advance care planning standards for electronic health records Notwithstanding section 3004(b)(3) of the Public Health Service Act ( 42 U.S.C. 300jj–14(b)(3) ), not later than January 1, 2015, the Secretary of Health and Human Services shall adopt, by rule, standards for a qualified electronic health record (as defined in section 3000(13) of such Act ( 42 U.S.C. 300jj(13) ), with respect to patient communications with a health care provider about values and goals of care, to adequately display the following: (1) The patient’s current advance directive (as defined in section 1866(f)(3) of the Social Security Act ( 42 U.S.C. 1395cc(f)(3) ), as applicable. (2) The patient's current physician order for life-sustaining treatment (as defined in section 1861(iii)(4) of the Social Security Act ( 42 U.S.C. 1395x(iii)(4) ), as applicable. A standard adopted under this section shall be treated as a standard adopted under section 3004 of the Public Health Service Act ( 42 U.S.C. 300jj–14 ) for purposes of certifying qualified electronic health records pursuant to section 3001(c)(5) of such Act ( 42 U.S.C. 300jj–11(c)(5) ). 5. Portability of advance directives (a) In general Section 1866(f) of the Social Security Act ( 42 U.S.C. 1395cc(f) ) is amended by adding at the end the following new paragraph: (5) (A) An advance directive validly executed outside the State in which such directive is presented must be given effect by a provider of services or organization to the same extent as an advance directive validly executed under the law of the State in which it is presented. (B) In the absence of knowledge to the contrary, a physician or other health care provider or organization may presume that a written advance health care directive or similar instrument, regardless of where executed, is valid. (C) In the absence of a validly executed advance directive, any authentic expression of a person’s wishes with respect to health care shall be honored. (D) The provisions of this paragraph shall preempt any State law on advance directive portability to the extent such law is inconsistent with such provisions. Nothing in the paragraph shall be construed to authorize the administration of health care treatment otherwise prohibited by the laws of the State in which the directive is presented. . (b) Medicaid Section 1902(w) of the Social Security Act ( 42 U.S.C. 1396a(w) ) is amended by adding at the end the following new paragraph: (6) (A) An advance directive validly executed outside the State in which such directive is presented must be given effect by a provider or organization to the same extent as an advance directive validly executed under the law of the State in which it is presented. (B) In the absence of knowledge to the contrary, a physician, other health care provider, or organization may presume that a written advance health care directive or similar instrument, regardless of where executed, is valid. (C) In the absence of a validly executed advance directive, any authentic expression of a person’s wishes with respect to health care shall be honored. (D) The provisions of this paragraph shall preempt any State law on advance directive portability to the extent such law is inconsistent with such provisions. Nothing in the paragraph shall be construed to authorize the administration of health care treatment otherwise prohibited by the laws of the State in which the directive is presented. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1173ih/xml/BILLS-113hr1173ih.xml

113-hr-1174

I 113th CONGRESS 1st Session H. R. 1174 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Brady of Texas (for himself, Mrs. Bachmann , Mr. Bentivolio , Mrs. Blackburn , Mr. Bonner , Mr. Bridenstine , Mr. Broun of Georgia , Mr. Burgess , Mr. Cole , Mr. Conaway , Mr. Duffy , Mr. Duncan of South Carolina , Mr. Flores , Ms. Foxx , Mr. Franks of Arizona , Mr. Gohmert , Mr. Gowdy , Mr. Graves of Missouri , Mr. Huizenga of Michigan , Ms. Jenkins , Mr. Johnson of Ohio , Mr. Sam Johnson of Texas , Mr. Jones , Mr. Jordan , Mr. Kingston , Mr. Labrador , Mr. LaMalfa , Mr. Lamborn , Mr. Lance , Mr. Lankford , Mr. Long , Mr. Lucas , Mr. Luetkemeyer , Mrs. Lummis , Mr. Marchant , Mr. McClintock , Mr. Miller of Florida , Mr. Mullin , Mr. Mulvaney , Mr. Neugebauer , Mr. Pearce , Mr. Petri , Mr. Pitts , Mr. Ribble , Mr. Rokita , Mr. Scalise , Mr. Smith of Texas , Mr. Stutzman , Mr. Thornberry , Mr. Walberg , Mr. Weber of Texas , and Mr. Woodall ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Reserve Act to improve the functioning and transparency of the Board of Governors of the Federal Reserve System and the Federal Open Market Committee, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Sound Dollar Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Single Mandate for Price Stability Act Sec. 101. Findings. Sec. 102. Price stability mandate. Title II—Financial Stability and Moral Hazard Mitigation Act Sec. 201. Findings. Sec. 202. Lender-of-last-resort policy. Title III—Diversifying the Federal Open Market Committee to Reflect a 21st Century Economy Act Sec. 301. Findings. Sec. 302. Federal Open Market Committee membership. Title IV—Demystification of Monetary Policy Decisions Act Sec. 401. Findings. Sec. 402. Release of transcripts. Title V—Exchange Rate Responsibility Act Sec. 501. Findings. Sec. 502. Report on the effect of exchange rate policy. Sec. 503. Renaming of Exchange Stabilization Fund. Sec. 504. Conversion to all-SDR Fund. Title VI—Credit Allocation Neutrality Act Sec. 601. Findings. Sec. 602. Limitation on certain non-emergency security purchases. Title VII—Bureau of Consumer Financial Protection Funding Act Sec. 701. Findings. Sec. 702. Bureau of Consumer Financial Protection Funding. I Single Mandate for Price Stability Act 101. Findings The Congress finds the following: (1) Monetary policy can only affect the level of employment in the short term because nonmonetary factors determine the level of employment in the long term. At best, the Federal Reserve may temporarily increase the level of employment through monetary policy, but such efforts risk the possibility of price inflation and increased business cycle volatility in the future. However, the Federal Reserve can achieve price stability in the long term through monetary policy. Price stability is desirable because both price inflation and price deflation damage the U.S. economy. Therefore, to maximize long-term economic growth and achieve the highest sustainable level of real output and employment, price stability should be the objective of monetary policy. (2) Countries whose central bank has a single mandate for price stability generally have a better record of achieving stable prices than countries whose central bank has a mandate that gives equal weight to other objectives such as maximum employment or low interest rates. (3) In general, an overly accommodative monetary policy inflates both asset prices and prices for goods and services. However, an overly accommodative monetary policy may sometimes cause a misallocation of capital that inflates asset prices disproportionately, creating unsustainable bubbles in asset prices, while prices indices for goods and services do not register significant price inflation. When asset bubbles burst, many investments must be liquidated at considerable cost to the U.S. economy in terms of lower real output and employment. (4) Price stability cannot always be measured solely through price indices for goods and services since such indices exclude changes in asset prices. Therefore, the Federal Reserve should monitor (A) the prices of, and the expected returns from, major asset classes (including equities, residential real estate, commercial and industrial real estate, agricultural real estate, gold and other commodities, corporate bonds, U.S. Government bonds, State and local government bonds, and other securities), (B) the value of the U.S. dollar relative to other currencies, and (C) the value of the United States dollar relative to gold, as metrics to determine whether the Federal Reserve’s monetary policy is consistent with long-term price stability. 102. Price stability mandate (a) In general Section 2A of the Federal Reserve Act is amended— (1) by striking maintain long run growth of the monetary and credit aggregates commensurate with the economy’s long run potential to increase production, so as to promote effectively the goals of maximum employment, stable prices, and moderate long-term interest rates and inserting pursue the goal of long-term price stability, in order to achieve the maximum sustainable rate of output growth and the maximum level of employment through time ; (2) by striking The Board of Governors and inserting the following: (a) In general The Board of Governors ; and (3) by adding at the end the following: (b) Price stability metrics (1) In general The Board of Governors of the Federal Reserve System and the Federal Open Market Committee shall— (A) define the term long-term price stability for purposes of subsection (a); and (B) establish metrics that the Board and the Committee will use to evaluate whether long-term price stability is being achieved. (2) Establishment of metrics In establishing the metrics described under paragraph (1)(B), the Board and Committee shall— (A) take into consideration price indices of goods and services; and (B) evaluate, on an ongoing basis— (i) whether such metrics are comprehensively reflecting price movements in the economy; and (ii) whether any price movements not captured by the price indices of goods and services are causing a significant misallocation of capital in the United States economy. (3) Metric evaluation The Board and Committee shall, with respect to the evaluation process required pursuant to paragraph (2)(B), monitor— (A) the prices of, and the expected returns from, major asset classes (including equities, residential real estate, commercial and industrial real estate, agricultural real estate, commodities, corporate bonds, State and local government bonds, and other securities) and the allocation of capital in financial markets and the broader economy; (B) the value of the United States dollar relative to other currencies; and (C) the value of the United States dollar relative to gold. (4) Public disclosure; Report to the Congress The Board and the Committee shall, with respect to the definition of long-term price stability and the establishment of metrics set pursuant to paragraph (1)— (A) make such definition and metrics available to the public on a website maintained by the Board or the Committee; and (B) each time such definition and metrics are set or revised, issue a report to the Congress stating such definition and metrics. . (b) Additional evaluations and determinations included in semi-Annual report to Congress Section 2B(b) of the Federal Reserve Act is amended— (1) by striking containing a discussion and inserting the following: containing— (1) a discussion ; (2) by striking the period and inserting a semicolon; and (3) by adding at the end the following: (2) the results of the evaluation process conducted pursuant to section 2A(b)(2)(B); (3) a determination of whether the goal of long-term price stability is being met and, if such goal is not being met, an explanation of why the goal is not being met and the steps that the Board and the Federal Open Market Committee will take to ensure that the goal is met in the future; and (4) a description of the main monetary policy instruments used by the Board and the Federal Open Market Committee and a description of the strategy of the Board and the Committee with respect to using such instruments to achieve the goal of long-term price stability. . II Financial Stability and Moral Hazard Mitigation Act 201. Findings The Congress finds the following: (1) The Federal Reserve performs an essential function for financial stability by serving as lender of last resort in order to— (A) prevent the unnecessary failures of otherwise solvent United States banks and other financial institutions; (B) reduce the likelihood of financial contagion and disruptions in United States financial markets; and (C) minimize any adverse effects on real output and employment in the United States economy. (2) In acting as the lender of last resort, the Federal Reserve, may— (A) buy debt securities at fair market value; or (B) provide short-term credit, secured by appropriate collateral in proper margin, to otherwise solvent banks and other financial institutions that encounter funding difficulties during a financial crisis. (3) Nevertheless, in its nearly 100-year history, the Federal Reserve has never clearly articulated its lender-of-last-resort policy. (4) The absence of an official lender-of-last-resort policy has led to— (A) increased economic uncertainty because no one knows with certainty how the Federal Reserve may behave; (B) financially distressed firms seeking political solutions in the form of pressure from Congress or the Administration being placed on the Federal Reserve to act to save them; and (C) a moral hazard problem from financial institutions taking greater risks and increasing leverage based upon assumptions of how the Federal Reserve will act, though there is no formal statement assuring how the Federal Reserve will act. (5) By establishing a formal lender-of-last-resort policy, the Federal Reserve would decrease uncertainty in the market during times of financial crisis and mitigate the moral hazards created by recent bailouts. (6) An official lender-of-last-resort policy should provide that once a financial crisis has dissipated, the Federal Reserve should, in an orderly way, sell any debt securities that— (A) the Federal Reserve acquired acting as lender of last resort; and (B) the Federal Reserve does not normally own for its System Account. (7) Further, to reduce moral hazard, the Federal Reserve’s lender-of-last-resort policy should make clear that credit in any form will not be provided to insolvent banks or other financial institution. 202. Lender-of-last-resort policy (a) In general Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall clearly articulate the Board’s lender-of-last-resort policy. (b) Consultation In articulating the policy required under subsection (a), the Board of Governors shall consult with— (1) the Federal Reserve bank presidents; (2) the Comptroller of the Currency; (3) the Chairperson of the Federal Deposit Insurance Corporation; (4) the Securities and Exchange Commission; (5) the Commodity Futures Trading Commission; and (6) such other persons with expertise in financial services regulation and monetary policy as the Board of Governors may determine appropriate. III Diversifying the Federal Open Market Committee to Reflect a 21st Century Economy Act 301. Findings The Congress finds the following: (1) The Federal Reserve Act delineates specific requirements for the seven governors charged with oversight of the Federal Reserve System. (2) In a reflection of the Federal Reserve System’s decentralized structure that broadly distributes power and responsibility across the Nation, the Act mandates that the presidentially appointed governors come from a wide range of geographic locations and professional backgrounds. Specifically, the first undesignated paragraph under section 10 of the Federal Reserve Act states that In selecting the members of the Board, not more than one of whom shall be selected from any one Federal Reserve District, the President shall have due regard to a fair representation of the financial, agricultural, industrial, and commercial interests and geographical divisions of the country. . (3) The Federal Open Monetary Committee consists of members of the Board of Governors and the President or Vice President of the Federal Reserve Bank of New York on a permanent basis and rotates voting membership among the remaining Regional Reserve Banks. (4) The existing structure of the Federal Open Market Committee places too much authority in the hands of Washington and New York at the expense of the remainder of the United States. (5) Monetary policy should be conducted in the interest of all Americans and that policy goal is best achieved by a Federal Open Market Committee that provides greater representation and voice in policy decisions to the entire Nation as represented by the Regional Reserve Banks. This objective is best achieved by reforming the voting membership of the Federal Open Market Committee to include all Regional Reserve Banks on a permanent basis. 302. Federal Open Market Committee membership Section 12A(a) of the Federal Reserve Act ( 12 U.S.C. 263(a) ) is amended— (1) by striking five representatives of the Federal Reserve banks to be selected as hereinafter provided. and inserting 1 representative from each of the Federal Reserve banks. ; and (2) by striking and, beginning with the election for the term commencing March 1, 1943, shall be elected annually as follows: One by the board of directors of the Federal Reserve Bank of New York, one by the boards of directors of the Federal Reserve Banks of Boston, Philadelphia, and Richmond, one by the boards of directors of the Federal Reserve Banks of Cleveland and Chicago, one by the boards of directors of the Federal Reserve Banks of Atlanta, Dallas, and St. Louis, and one by the boards of directors of the Federal Reserve Banks of Minneapolis, Kansas City, and San Francisco. In such elections each board of directors shall have one vote; and the details of such elections may be governed by regulations prescribed by the committee, which may be amended from time to time. and inserting and shall be elected by the board of directors of the Federal Reserve bank that they are to represent. . IV Demystification of Monetary Policy Decisions Act 401. Findings The Congress finds the following: (1) A more efficient release of transcripts from the Federal Reserve would result in better guidance for market participants, and hence more economically efficient decisionmaking. (2) According to Federal Reserve Chairman Ben Bernanke, when the monetary policy committee regularly provides information about objectives, economic outlook, and policy plans, two benefits result: (1) markets will price assets more efficiently, and (2) a closer alignment between market participants’ expectations about the course of future short-term interest rates and the views of policymakers. (3) The Federal Reserve is able to release transcripts more efficiently without compromising their decisionmaking process. 402. Release of transcripts Section 12A(a) of the Federal Reserve Act ( 12 U.S.C. 263(a) ) is amended by adding at the end the following: (d) Release of transcripts The Committee shall release meeting transcripts to the public not later than the end of the 3-year period following each meeting. . V Exchange Rate Responsibility Act 501. Findings The Congress finds as follows: (1) The Board of Governors of the Federal Reserve System and the Federal Open Market Committee exercise control over the supply of U.S. dollars, which is a major factor affecting the foreign exchange rate value of the United States dollar. Therefore, the Board of Governors and Federal Open Market Committee should report to Congress on the impact of monetary policy on the foreign exchange rate value of the United States dollar. (2) Over the last several decades, Secretaries of the Treasury have repeatedly used the Exchange Stabilization Fund for purposes that were not envisioned by Congress. To prevent further abuses, the Exchange Stabilization Fund should be renamed as the Special Drawing Rights Fund. The Special Drawing Rights Fund should hold the Special Drawing Rights that the International Monetary Fund provided to the United States. Any other assets currently in the Exchange Stabilization Fund should be liquidated, and the proceeds used to reduce the public debt. 502. Report on the effect of exchange rate policy Section 2B(b) of the Federal Reserve Act, as amended by section 102(b), is further amended by adding at the end the following: (5) an analysis of how the policies of the Board and the Federal Open Market Committee are affecting the foreign exchange rate value of the United States dollar. . 503. Renaming of Exchange Stabilization Fund (a) In general Section 5302 of title 31, United States Code, is amended by striking stabilization fund each place such term appears and inserting Special Drawing Rights Fund . (b) Conforming amendments (1) Balanced Budget and Emergency Deficit Control Act of 1985 Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) ) is amended by striking Exchange Stabilization Fund and inserting Special Drawing Rights Fund . (2) Emergency Economic Stabilization Act of 2008 The Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211 et seq. ) is amended— (A) in section 131, by striking Exchange Stabilization Fund each place such term appears in headings and text and inserting Special Drawing Rights Fund ; and (B) in the item relating to section 131 in the table of contents of such Act, by striking Exchange Stabilization Fund and inserting Special Drawing Rights Fund . (3) International Financial Institutions Act Section 1704 of the International Financial Institutions Act ( 22 U.S.C. 262r–3 ) is amended by striking stabilization fund each place such term appears and inserting Special Drawing Rights Fund . (4) Special Drawing Rights Act The Special Drawing Rights Act ( 22 U.S.C. 286n et seq. ) is amended by striking Exchange Stabilization Fund each place such term appears and inserting Special Drawing Rights Fund . (c) References Any reference in a law, regulation, document, paper, or other record of the United States to the Exchange Stabilization Fund shall be deemed a reference to the Special Drawing Rights Fund . 504. Conversion to all-SDR Fund (a) Funds used To reduce the debt The Secretary of the Treasury shall liquidate all property in the Special Drawing Rights Fund (as so renamed under section 503), other than Special Drawing Rights, and use all such amounts to reduce the public debt. (b) Limitation on Fund Section 5302 of title 31, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking is available to carry out and inserting is only available to carry out ; and (B) by striking , and for investing in obligations of the United States Government those amounts in the fund the Secretary of the Treasury, with the approval of the President, decides are not required at the time to carry out this section. Proceeds of sales and investments, earnings, and interest shall be paid into the fund and are available to carry out this section. However, the fund is not available to pay administrative expenses ; and (2) by striking subsection (b) and inserting the following: (b) Fund only To hold Special Drawing Rights Notwithstanding any other provision of law, only Special Drawing Rights may be deposited into the Special Drawing Rights Fund. . (c) Conforming amendments (1) Bretton Woods Agreements Act Section 18 of the Bretton Woods Agreements Act ( 22 U.S.C. 286e–3 ) is hereby repealed. (2) Support for East European Democracy (SEED) Act of 1989 The Support for East European Democracy (SEED) Act of 1989 ( 22 U.S.C. 5401 et seq. ) is amended— (A) in section 101(b)(1), by striking such as— and all that follows through the end of the paragraph and inserting such as the authority provided in section 102(c) of this Act. ; and (B) in section 102(a), by striking section 101(b)— and all that follows through the end of the subsection and inserting section 101(b), should work closely with the European Community and international financial institutions to determine the extent of emergency assistance required by Poland for the fourth quarter of 1989. . (d) Treatment of certain funds Funds that would otherwise have been deposited into the Special Drawing Rights Fund (as so renamed under subsection (a)), but for the amendments made by this section, shall instead be paid to the Secretary of the Treasury, and the Secretary of the Treasury shall use such funds to reduce the public debt. (e) Wind down period for certain transactions Notwithstanding any other provision of this section, during the 3-year period beginning on the date of the enactment of this Act, property other than Special Drawing Rights may be deposited, and maintained, in the Special Drawing Rights Fund as needed to fulfill any outstanding obligations on the Fund. VI Credit Allocation Neutrality Act 601. Findings The Congress finds the following: (1) In conducting open market operations, the Federal Open Market Committee should not allocate credit among households, firms, and sectors of the United States economy. (2) To assure the credit allocation neutrality of open market operations among households, firms, and sectors of the United States economy, the Federal Open Market Committee should conduct open market operations in United States Government securities, and repurchase and reverse repurchase agreements that have a term of 1 year or less, except in unusual and exigent circumstances. 602. Limitation on certain non-emergency security purchases (a) In general The Federal Reserve Act is amended— (1) in section 12A, by adding at the end the following: (d) Emergency purchasing authority (1) In general In unusual and exigent circumstances, the Committee, by the affirmative vote of at least 2/3 of the members of the Committee, may authorize any Federal reserve bank, during such period as the Committee may determine— (A) to buy and sell, at home or abroad, bills, notes, revenue bonds, and warrants with a maturity from date of purchase of not exceeding six months, issued in anticipation of the collection of taxes or in anticipation of the receipt of assured revenues by any State, county, district, political subdivision, or municipality in the continental United States, including irrigation, drainage and reclamation districts, and obligations of, or fully guaranteed as to principal and interest by, a foreign government or agency thereof; and (B) to buy and sell in the open market, under the direction and regulations of the Committee, any obligation which is a direct obligation of, or fully guaranteed as to principal and interest by, any agency of the United States. (2) Maximum holding period Any bond, bill, note, revenue bond, warrant, or other obligation purchased by a Federal reserve bank pursuant to paragraph (1) shall be disposed of before the end of the 5-year period beginning on the end of the period determined by the Committee under paragraph (1). (3) Report The Committee shall provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, not later than 7 days after the Committee makes an authorization under this subsection, a report that includes— (A) the justification for the exercise of authority to provide; (B) the identity of the person to or from which purchases or sales were made; (C) the date and amount of the purchases or sales; and (D) the material terms of the purchases or sales. ; and (2) in section 14(b)— (A) in paragraph (1), by striking bonds issued under the provisions of subsection (c) of section 4 of the Home Owners' Loan Act of 1933, as amended, and having maturities from date of purchase of not exceeding six months, and bills, notes, revenue bonds, and warrants with a maturity from date of purchase of not exceeding six months, issued in anticipation of the collection of taxes or in anticipation of the receipt of assured revenues by any State, county, district, political subdivision, or municipality in the continental United States, including irrigation, drainage and reclamation districts, and obligations of, or fully guaranteed as to principal and interest by, a foreign government or agency thereof, ; and (B) by amending paragraph (2) to read as follows: (2) To enter into security repurchase agreements and reverse repurchase agreements that have a term of 1 year or less, in accordance with rules and regulations prescribed by the Board of Governors of the Federal Reserve System. . (b) Transition provision Each Federal reserve bank that holds bonds, bills, notes, revenue bonds, warrants, or other obligations purchased under the authority granted by a provision struck under subsection (a)(2) shall dispose of such obligations not later than the end of the 5-year period beginning on the date of the enactment of this Act. VII Bureau of Consumer Financial Protection Funding Act 701. Findings The Congress finds the following: (1) As our Nation’s central bank, the Federal Reserve conducts United States monetary policy and necessarily exercises broad oversight responsibility to ensure the safety, soundness, and smooth functioning of the Nation’s banking and payments systems. (2) There exists a broad consensus among policymakers, academics, and most informed commentators that central bank independence is necessary to the proper and effective conduct of monetary policy and those regulatory activities necessary for the implementation of such monetary policy. (3) In order to preserve the independence of its activities, the Federal Reserve should remain operationally and financially autonomous within the United States Government. (4) However, those activities that do not relate to the functions listed in paragraph (1) should not occur outside of the constitutionally granted authority of Congress to authorize and oversee the expenditure of public funds. (5) Therefore, the Bureau of Consumer Financial Protection should be subject to the Federal appropriations process to ensure effective Congressional oversight over its activities and use of public funds. 702. Bureau of Consumer Financial Protection Funding (a) In general Section 1017 of the Consumer Financial Protection Act of 2010 is amended— (1) in subsection (a)— (A) by amending the heading of such subsection to read as follows: Budget, financial management, and audit.— ; (B) by striking paragraphs (1), (2), and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) in paragraph (1), as so redesignated— (i) by striking subparagraph (E); and (ii) by redesignating subparagraph (F) as subparagraph (E); (2) by striking subsections (b) and (c); (3) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; and (4) in subsection (c), as so redesignated— (A) by striking paragraphs (1), (2), and (3) and inserting the following: (1) Authorization of appropriations There is authorized to be appropriated such funds as may be necessary to carry out this title. ; and (B) by redesignating paragraph (4) as paragraph (2). (b) Effective date The amendments made by this section shall take effect on October 1, 2013.

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113-hr-1175

I 113th CONGRESS 1st Session H. R. 1175 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Cartwright (for himself, Mr. Blumenauer , Mr. Brady of Pennsylvania , Mr. Capuano , Mr. Connolly , Mr. Ellison , Mr. Farr , Mr. Fattah , Mr. Grayson , Mr. Grijalva , Mr. Hastings of Florida , Mr. Holt , Mr. Honda , Mr. Huffman , Mr. Keating , Mr. Langevin , Ms. Lee of California , Ms. Lofgren , Mrs. Lowey , Ms. McCollum , Ms. Meng , Mr. Moran , Mr. Nadler , Ms. Norton , Mr. Pocan , Mr. Polis , Mr. Quigley , Ms. Schakowsky , Ms. Schwartz , Ms. Slaughter , Mr. Smith of Nebraska , Mr. Tonko , Ms. Tsongas , Mr. Sarbanes , Mr. Takano , Mr. Yarmuth , Mr. Peters of Michigan , Mr. Lowenthal , Mr. Cohen , Ms. Pingree of Maine , Ms. Chu , Mr. Van Hollen , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act and direct the Secretary of the Interior to conduct a study with respect to stormwater runoff from oil and gas operations, and for other purposes. 1. Short title This Act may be cited as the Focused Reduction of Effluence and Stormwater runoff through Hydrofracking Environmental Regulation Act of 2013 or the FRESHER Act of 2013 . 2. Stormwater runoff from oil, gas, and mining operations (a) Limitation on permit requirement Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by striking subsection (l) and inserting the following: (l) Limitation on permit requirement The Administrator shall not require a permit under this section for discharges composed entirely of return flows from irrigated agriculture, nor shall the Administrator directly or indirectly, require any State to require such a permit. . (b) Definitions Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended— (1) by striking paragraph (24); and (2) by redesignating paragraph (25) as paragraph (24). (c) Study (1) In general The Secretary of the Interior shall conduct a study of stormwater impacts with respect to any area that the Secretary determines may be contaminated by stormwater runoff associated with oil or gas operations, which shall include— (A) an analysis of measurable contamination in such area; (B) an analysis of ground water resources in such area; and (C) an analysis of the susceptibility of aquifers in such area to contamination from stormwater runoff associated with such operations. (2) Report Not later than 1 year after the date of enactment of this section, the Secretary shall submit to Congress a report on the results of studies conducted under paragraph (1).

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113-hr-1176

I 113th CONGRESS 1st Session H. R. 1176 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Brady of Texas (for himself, Mr. Bilirakis , Mrs. Blackburn , Mr. Duncan of South Carolina , Mr. Flores , Mr. Franks of Arizona , Mr. Gohmert , Mr. Harris , Mr. Huizenga of Michigan , Mr. Jordan , Mr. Kingston , Mr. LaMalfa , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish a commission to examine the United States monetary policy, evaluate alternative monetary regimes, and recommend a course for monetary policy going forward. 1. Short title This Act may be cited as the Centennial Monetary Commission Act of 2013 . 2. Findings Congress finds the following: (1) The Constitution endows Congress with the power to coin money, regulate the value thereof . (2) Following the financial crisis known as the Panic of 1907, Congress established the National Monetary Commission to provide recommendations for the reform of the financial and monetary systems of the United States. (3) Incorporating several of the recommendations of the National Monetary Commission, Congress created the Federal Reserve System in 1913. As currently organized, the Federal Reserve System consists of the Board of Governors in Washington, District of Columbia, and the Federal Reserve Banks organized into 12 districts around the United States. The stockholders of the 12 Federal Reserve Banks include national and certain state-chartered commercial banks, which operate on a fractional reserve basis. (4) Originally, Congress gave the Federal Reserve a monetary mandate to provide an elastic currency, within the context of a gold standard, in response to seasonal fluctuations in the demand for currency. (5) Congress also gave the Federal Reserve a financial stability mandate to serve as the lender of last resort to solvent but illiquid banks during a financial crisis. (6) In 1977, Congress changed the monetary mandate of the Federal Reserve to a dual mandate for maximum employment and stable prices. (7) Empirical studies and historical evidence, both within the United States and in other countries, demonstrate that price stability is desirable because both inflation and deflation damage the economy. (8) The economic challenge of recent years—most notably the bursting of the housing bubble, the financial crisis of 2008, and the ensuing anemic recovery—have occurred at great cost in terms of lost jobs and output. (9) Policymakers are reexamining the structure and functioning of financial institutions and markets to determine what, if any, changes need to be made to place the financial system on a stronger, more sustainable path going forward. (10) The Federal Reserve has taken extraordinary actions in response to the recent economic challenges. (11) The Federal Open Market Committee has engaged in multiple rounds of quantitative easing, providing unprecedented liquidity to financial markets, while committing to holding short-term interest rates low for a seemingly indefinite period, and pursuing a policy of credit allocation by purchasing Federal agency debt and mortgage-backed securities. (12) In the wake of the recent extraordinary actions of the Federal Reserve, Congress—consistent with its constitutional responsibilities and as it has done periodically throughout the history of the United States—has once again renewed its examination of monetary policy. (13) Central in such examination has been a renewed look at what is the most proper mandate for the Federal Reserve to conduct monetary policy in the 21st century. 3. Establishment There is established a commission to be known as the Centennial Monetary Commission (in this Act referred to as the Commission ). 4. Duties (a) Study of monetary policy The Commission shall— (1) examine how United States monetary policy since the creation of the Board of Governors of the Federal Reserve System in 1913 has affected the performance of the United States economy in terms of output, employment, prices, and financial stability over time; (2) evaluate various operational regimes under which the Board of Governors of the Federal Reserve System and the Federal Open Market Committee may conduct monetary policy in terms achieving the maximum sustainable level of output and employment and price stability over the long term, including— (A) discretion in determining monetary policy without an operational regime; (B) price level targeting; (C) inflation rate targeting; (D) nominal gross domestic product targeting (both level and growth rate); (E) the use of monetary policy rules; and (F) the gold standard; and (3) recommend a course for United States monetary policy going forward, including— (A) the legislative mandate; (B) the operational regime; (C) the securities used in open market operations; and (D) transparency issues. (b) Report on monetary policy Not later than June 30, 2014, the Commission shall submit to Congress and make publicly available a report containing a statement of the findings and conclusions of the Commission in carrying out the study under subsection (a), together with the recommendations the Commission considers appropriate. 5. Membership (a) Number and appointment (1) Voting members by position The Commission shall contain 6 voting members as follows: (A) The Chair of the Joint Economic Committee, who shall serve as Chair of the Commission. (B) The ranking minority member of the Joint Economic Committee, who shall serve as Vice Chair of the Commission. (C) The Chair of the Committee on Financial Services of the House of Representatives or another majority member of such Committee designated by the Chair. (D) The ranking minority member of the Committee on Financial Services of the House of Representatives or another minority member of such Committee designated by the ranking minority member. (E) The Chair of the Committee on Banking, Housing, and Urban Affairs of the Senate or another majority member of such Committee designated by the Chair. (F) The ranking minority member of the Committee on Banking, Housing, and Urban Affairs of the Senate or another minority member of such Committee designated by the ranking minority member. (2) Appointed voting members The Commission shall contain 6 voting members, who may not be Members of Congress, as follows: (A) Two members appointed by the Speaker of the House of Representatives. (B) One member appointed by the minority leader of the House of Representatives. (C) Two members appointed by the majority leader of the Senate. (D) One member appointed by the minority leader of the Senate. (3) Non-voting members The Commission shall contain 2 non-voting members as follows: (A) One member appointed by the Secretary of the Treasury. (B) One member who is the president of a district Federal reserve bank appointed by the Chair of the Board of Governors of the Federal Reserve System. (b) Period of Appointment Each member shall be appointed for the life of the Commission. (c) Timing of appointment All members of the Commission shall be appointed not before January 5, 2013, and not later than 30 days after the date of the enactment of this Act. (d) Vacancies A vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (e) Meetings (1) Initial meeting The Commission shall hold its initial meeting and begin the operations of the Commission as soon as is practicable. (2) Further Meetings The Commission shall meet upon the call of the Chair or a majority of its members. (f) Quorum Seven voting members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Member of Congress Defined In this section, the term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. 6. Powers (a) Hearings and sessions The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, receive evidence, or administer oaths as the Commission or such subcommittee or member thereof considers appropriate. (b) Contract authority To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act, without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). (c) Obtaining official data (1) In general The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, any information, including suggestions, estimates, or statistics, for the purposes of this Act. (2) Requesting official data The head of such department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the government shall, to the extent authorized by law, furnish such information upon request made by— (A) the Chair; (B) the Chair of any subcommittee created by a majority of the Commission; or (C) any member of the Commission designated by a majority of the commission to request such information. (d) Assistance From Federal Agencies (1) General services administration The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the functions of the Commission. (2) Other departments and agencies In addition to the assistance prescribed in paragraph (1), at the request of the Commission, departments and agencies of the United States shall provide such services, funds, facilities, staff, and other support services as may be authorized by law. (e) Postal service The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. 7. Commission personnel (a) Appointment and compensation of staff (1) In General Subject to rules prescribed by the Commission, the Chair may appoint and fix the pay of the executive director and other personnel as the Chair considers appropriate. (2) Applicability of civil service laws The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of level V of the Executive Schedule. (b) Consultants The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the rate of pay for a person occupying a position at level IV of the Executive Schedule. (c) Staff of federal agencies Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its duties under this Act. 8. Termination (a) In general The Commission shall terminate on February 28, 2015. (b) Administrative Activities before termination The Commission may use the period between the submission of its report and its termination for the purpose of concluding its activities, including providing testimony to committee of Congress concerning its report. 9. Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act and such sums shall remain available until the date on which the Commission terminates.

https://www.govinfo.gov/content/pkg/BILLS-113hr1176ih/xml/BILLS-113hr1176ih.xml

113-hr-1177

I 113th CONGRESS 1st Session H. R. 1177 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mrs. Capps introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to protect more victims of domestic violence by preventing their abusers from possessing or receiving firearms, and for other purposes. 1. Short title This Act may be cited as the Domestic Violence Survivor Protection Act . 2. Definitions of intimate partner and misdemeanor crime of domestic violence expanded Section 921(a) title 18, United States Code, is amended— (1) in paragraph (32), by striking and an individual who cohabitates or has cohabited with the person. and inserting or a dating partner (as defined in section 2266) or former dating partner. ; and (2) in paragraph (33)— (A) by striking or after has cohabited with the victim as a spouse, parent, or guardian, ; and (B) by inserting, , or by a dating partner (as defined in section 2266) or former dating partner of the victim before the period. 3. List of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm expanded Section 922(g)(8) of title 18, United States Code, is amended— (1) by striking subparagraphs (A) and (B) and amending them to read as follows: (A) (i) in the case of conduct described in subparagraph (B)(i), was issued after a hearing; or (ii) in the case of conduct described in clause (ii) or (iii) of subparagraph (B), was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from— (i) harassing, stalking, or threatening an intimate partner of such person, a child of such intimate partner or person, a family member even if the family member had never cohabited with such person, an individual who cohabitates or cohabited with the person, or an elderly or dependent adult, or engaging in other conduct that would place an individual described in this clause in reasonable fear of bodily injury to such individual, or in the case of an intimate partner, reasonable fear or bodily injury to the partner or child; (ii) harassing, stalking, threatening or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order which was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or (iii) intimidating or dissuading a witness from testifying in court; and ; and (2) in subparagraph (C), by striking intimate partner or child each place it appears and inserting individual described in subparagraph (B) . 4. Effective date The amendments made by this Act shall apply— (1) to a court order issued on or after the date of the enactment of this Act and to a court order in effect as of the date of enactment of this Act; and (2) to a misdemeanor crime of domestic violence committed on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1177ih/xml/BILLS-113hr1177ih.xml

113-hr-1178

I 113th CONGRESS 1st Session H. R. 1178 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Ms. Castor of Florida introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to authorize grants for graduate medical education partnerships in States with a low physician-resident-to-general-population ratio. 1. Short title This Act may be cited as the Creating Access to Residency Education Act of 2013 . 2. Graduate medical education partnerships in States with a low physician-resident-to-general-population ratio Part B of title III of the Public Health Service Act is amended by inserting after section 317T ( 42 U.S.C. 247b–22 ) the following: 317U. Graduate medical education partnerships in States with a low physician-resident-to-general-population ratio (a) In general The Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the Administrator ) shall make grants to, or enter into contracts with, eligible partnerships between State or local governments and private entities to support the creation of new medical residency training programs or slots within existing programs in underserved States in which there is a low physician-resident-to-general-population ratio. (b) Eligibility To be eligible to receive Federal funding under this section, a partnership must consist of— (1) a State in which there are fewer than 25 medical residents per population of 100,000 or a local government within such a State; and (2) a public or private entity consisting of a public or nonprofit teaching hospital or an accredited graduate medical education training program. (c) Matching funding In awarding a grant or contract under this section, the Administrator shall include a requirement of matching funds as follows: (1) The public or private entity must agree to provide one-third of the cost of the medical residency program or new slots in an existing program. (2) The State or local government must agree to provide one-third of the cost of the medical residency program or new slots in an existing program. (3) To the extent and in the amounts made available in advance in appropriations Acts, the Administrator shall agree to provide the remaining one-third of the cost of the medical residency program or slots in an existing program. (d) Preferences In awarding grants and contracts under this section, the Administrator shall give preference to the following: (1) Eligible partnerships in which the participating State has 20 or fewer medical residents per population of 100,000 or the participating local government is within such a State. (2) Eligible partnerships in which the State involved has a population exceeding 15,000,000 and has less than 10 percent of the Nation’s residency slots. (3) Eligible partnerships which fund new graduate medical education programs or slots within existing programs in the field of family medicine, internal medicine and its subspecialties, geriatrics, or pediatrics. (e) Requirements The Administrator may establish application processes and other requirements for partnerships to receive funding under this section including multiyear commitments to ensure the continued funding of graduate medical education slots for residents in training. (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated $25,000,000 for fiscal year 2014, and such sums as may be necessary for fiscal years 2015 through 2019. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1178ih/xml/BILLS-113hr1178ih.xml

113-hr-1179

I 113th CONGRESS 1st Session H. R. 1179 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Courtney (for himself and Mr. Latham ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to count a period of receipt of outpatient observation services in a hospital toward satisfying the 3-day inpatient hospital requirement for coverage of skilled nursing facility services under Medicare. 1. Short title This Act may be cited as the Improving Access to Medicare Coverage Act of 2013 . 2. Counting a period of receipt of outpatient observation services in a hospital toward the 3-day inpatient hospital requirement for coverage of skilled nursing facility services under medicare (a) In general Section 1861(i) of the Social Security Act (42 U.S.C. 1395x(i)) is amended by adding at the end the following: For purposes of this subsection, an individual receiving outpatient observation services shall be deemed to be an inpatient during such period, and the date such individual ceases receiving such services shall be deemed the hospital discharge date (unless such individual is admitted as a hospital inpatient at the end of such period). . (b) Effective date The amendment made by subsection (a) shall apply to receipt of outpatient observation services beginning on or after January 1, 2013, but applies to a period of post-hospital extended care services that was completed before the date of the enactment of this Act only if an administrative appeal is or has been made with respect to such services not later than 90 days after the date of the enactment of this Act. Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement such amendment through an interim final regulation, program instruction, or otherwise.

https://www.govinfo.gov/content/pkg/BILLS-113hr1179ih/xml/BILLS-113hr1179ih.xml

113-hr-1180

I 113th CONGRESS 1st Session H. R. 1180 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Crowley (for himself and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. 1. Short title This Act may be cited as the Resident Physician Shortage Reduction Act of 2013 . 2. Distribution of additional residency positions (a) In general Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended— (1) in paragraph (4)(F)(i), by striking paragraphs (7) and (8) and inserting paragraphs (7), (8), and (9) ; (2) in paragraph (4)(H)(i), by striking paragraphs (7) and (8) and inserting paragraphs (7), (8), and (9) ; (3) in paragraph (7)(E), by inserting paragraph (9), after paragraph (8), ; and (4) by adding at the end the following new paragraph: (9) Distribution of additional residency positions (A) Additional residency positions (i) In general For each of fiscal years 2015 through 2019 (and succeeding fiscal years if the Secretary determines that there are additional residency positions available to distribute under clause (iv)(II)), the Secretary shall, subject to clause (ii) and subparagraph (D), increase the otherwise applicable resident limit for each qualifying hospital that submits a timely application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1 of the fiscal year of the increase. (ii) Number available for distribution For each such fiscal year, the Secretary shall determine the total number of additional residency positions available for distribution under clause (i) in accordance with the following: (I) Allocation to hospitals already operating over resident limit One-third of such number shall be available for distribution only to hospitals described in subparagraph (B). (II) Aggregate limitation Except as provided in clause (iv)(I), the aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to 3,000 in each such year. (iii) Process for distributing positions (I) Rounds of applications The Secretary shall initiate 5 separate rounds of applications for an increase under clause (i), 1 round with respect to each of fiscal years 2015 through 2019. (II) Number available In each of such rounds, the aggregate number of positions available for distribution in the fiscal year under clause (ii) shall be distributed, plus any additional positions available under clause (iv). (III) Timing The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. (iv) Positions not distributed during the fiscal year (I) In general If the number of resident full-time equivalent positions distributed under this paragraph in a fiscal year is less than the aggregate number of positions available for distribution in the fiscal year (as described in clause (ii), including after application of this subclause), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution in the following fiscal year. (II) Exception if positions not distributed by end of fiscal year 2019 If the aggregate number of positions distributed under this paragraph during the 5-year period of fiscal years 2015 through 2019 is less than 15,000, the Secretary shall, in accordance with the provisions of clause (ii) and subparagraph (D) and the considerations and priority described in subparagraph (C), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 15,000. (B) Allocation of distribution for positions to hospitals already operating over resident limit (i) In general Subject to clauses (ii) and (iii), in the case of a hospital in which the reference resident level of the hospital (as specified in subparagraph (G)(iii)) is greater than the otherwise applicable resident limit, the increase in the otherwise applicable resident limit under subparagraph (A) for a fiscal year described in such subparagraph shall be an amount equal to the product of the total number of additional residency positions available for distribution under subparagraph (A)(ii)(I) for such fiscal year and the quotient of— (I) the number of resident positions by which the reference resident level of the hospital exceeds the otherwise applicable resident limit for the hospital; and (II) the number of resident positions by which the reference resident level of all such hospitals with respect to which an application is approved under this paragraph exceeds the otherwise applicable resident limit for such hospitals. (ii) Requirements A hospital described in clause (i)— (I) is not eligible for an increase in the otherwise applicable resident limit under this subparagraph unless the amount by which the reference resident level of the hospital exceeds the otherwise applicable resident limit is not less than 10 and the hospital trains at least 25 percent of the full-time equivalent residents of the hospital in primary care and general surgery (as of the date of enactment of this paragraph); and (II) shall continue to train at least 25 percent of the full-time equivalent residents of the hospital in primary care and general surgery for the 5-year period beginning on such date. In the case where the Secretary determines that a hospital described in clause (i) no longer meets the requirement of subclause (II), the Secretary may reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph. (iii) Clarification regarding eligibility for other additional residency positions Nothing in this subparagraph shall be construed as preventing a hospital described in clause (i) from applying for and receiving additional residency positions under this paragraph that are not reserved for distribution under this subparagraph. (C) Distribution of other positions For purposes of determining an increase in the otherwise applicable resident limit under subparagraph (A) (other than such an increase described in subparagraph (B)), the following shall apply: (i) Considerations in distribution In determining for which hospitals such an increase is provided under subparagraph (A), the Secretary shall take into account the demonstrated likelihood of the hospital filling the positions made available under this paragraph within the first 5 cost reporting periods beginning after the date the increase would be effective, as determined by the Secretary. (ii) Priority for certain hospitals Subject to clause (iii), in determining for which hospitals such an increase is provided, the Secretary shall distribute the increase in the following priority order: (I) First, to hospitals in States with (aa) new medical schools that received Candidate School status from the Liaison Committee on Medical Education or that received Pre-Accreditation status from the American Osteopathic Association Commission on Osteopathic College Accreditation on or after January 1, 2000, and that have achieved or continue to progress toward Full Accreditation status (as such term is defined by the Liaison Committee on Medical Education) or toward Accreditation status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation), or (bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with Full Accreditation status (as such term is defined by the Liaison Committee on Medical Education) or Accreditation status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation). (II) Second, to hospitals that emphasize training in community health center or community-based settings or in hospital outpatient departments. (III) Third, to hospitals that are eligible for incentive payments under section 1886(n) or 1903(t) as of the date the hospital submits an application for such increase under subparagraph (A). (IV) Fourth, to all other hospitals. (iii) Distribution to hospitals in higher priority group prior to distribution in lower priority groups The Secretary may only distribute such an increase to a lower priority group under clause (ii) if all qualifying hospitals in the higher priority group or groups have received the maximum number of increases under such subparagraph that the hospital is eligible for under this paragraph for the fiscal year. (iv) Requirements for use of additional positions (I) In general Subject to subclause (II), a hospital that receives such an increase shall ensure, during the 5-year period beginning on the effective date of such increase, that— (aa) not less than 50 percent of the positions attributable to such increase that are used in a given year during such 5-year period are used to train full-time equivalent residents in a shortage specialty residency program (as defined in subparagraph (G)(v)), as determined by the Secretary at the end of such 5-year period; (bb) the total number of full-time equivalent residents, excluding any additional positions attributable to such increase, is not less than the average number of full-time equivalent residents during the 3 most recent cost reporting periods ending on or before the effective date of such increase; and (cc) the ratio of full-time equivalent residents in a shortage specialty residency program (as so defined) is not less than the average ratio of full-time equivalent residents in such a program during the 3 most recent cost reporting periods ending on or before the effective date of such increase. (II) Redistribution of positions if hospital no longer meets certain requirements With respect to each fiscal year described in subparagraph (A), the Secretary shall determine whether or not a hospital described in subclause (I) meets the requirements of such subclause. In the case that the Secretary determines that such a hospital does not meet such requirements, the Secretary shall— (aa) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and (bb) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. (D) Limitation A hospital may not receive more than 75 full-time equivalent additional residency positions under this paragraph for any fiscal year. (E) Application of per resident amounts for primary care and nonprimary care With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. (F) Permitting facilities to apply aggregation rules The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. (G) Definitions In this paragraph: (i) Otherwise applicable resident limit The term otherwise applicable resident limit means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). (ii) Reference resident level Except as otherwise provided in subclause (II), the term reference resident level means, with respect to a hospital, the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph, for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. (iii) Resident level The term resident level has the meaning given such term in paragraph (7)(C)(i). (iv) Shortage specialty residency program The term shortage specialty residency program means the following: (I) Prior to report on shortage specialties Prior to the date on which the report of the National Health Care Workforce Commission is submitted under section 3 of the Resident Physician Shortage Reduction Act of 2013, any approved residency training program in a specialty identified in the report entitled The Physician Workforce: Projections and Research into Current Issues Affecting Supply and Demand , issued in December 2008 by the Health Resources and Services Administration, as a specialty whose baseline physician requirements projections exceed the projected supply of total active physicians for the period of 2005 through 2020. (II) After report on shortage specialties On or after the date on which the report of the National Health Care Workforce Commission is submitted under such section, any approved residency training program in a physician specialty identified in such report as a specialty for which there is a shortage. . (b) IME Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) ) is amended— (1) in clause (v), in the second sentence, by striking subsections (h)(7) and (h)(8) and inserting subsections (h)(7), (h)(8), and (h)(9) ; (2) by redesignating clause (x), as added by section 5505(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), as clause (xi) and moving such clause 4 ems to the left; and (3) by adding after clause (xi), as redesignated by subparagraph (A), the following new clause: (xii) For discharges occurring on or after July 1, 2015, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(9), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions. . 3. Study and report by national health care workforce commission (a) Study The National Health Care Workforce Commission established under section 5101 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) shall conduct a study of the physician workforce. Such study shall include the identification of physician specialties for which there is a shortage, as defined by the Commission. (b) Report Not later than January 1, 2016, the National Health Care Workforce Commission shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate. 4. Study and report on strategies for increasing diversity (a) Study The Comptroller General of the United States (in this section referred to as the Comptroller General ) shall conduct a study on strategies for increasing the diversity of the health professional workforce. Such study shall include an analysis of strategies for increasing the number of health professionals from rural, lower income, and underrepresented minority communities, including which strategies are most effective for achieving such goal. (b) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

https://www.govinfo.gov/content/pkg/BILLS-113hr1180ih/xml/BILLS-113hr1180ih.xml

113-hr-1181

I 113th CONGRESS 1st Session H. R. 1181 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. DeSantis (for himself, Mr. Bera of California , Mr. Salmon , Mr. Amash , and Mr. Pittenger ) introduced the following bill; which was referred to the Committee on House Administration , 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 reduce the annual rate of pay of Members of Congress by 8.2 percent. 1. Short title This Act may be cited as the Sequestration of Pay for Members of Congress Act of 2013 . 2. Reduction in pay for Members of Congress (a) Reduction in annual rate Notwithstanding any other provision of law, the annual rate of pay for each Member of Congress for pay periods occurring after the date of the regularly scheduled general election for Federal office held in November 2014 shall be equal to the applicable rate in effect for the most recent pay period occurring prior to such date, reduced by 8.2 percent. (b) Member of Congress defined For purposes of this Act, the term Member of Congress means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a)(1) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31(1) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr1181ih/xml/BILLS-113hr1181ih.xml

113-hr-1182

I 113th CONGRESS 1st Session H. R. 1182 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. DesJarlais (for himself, Mrs. Hartzler , Mr. Fleischmann , Mrs. Blackburn , Mr. Kingston , Mr. Roe of Tennessee , Mr. Conaway , Mr. Fincher , Mr. Austin Scott of Georgia , Mr. Westmoreland , Mrs. Lummis , Mr. Nunnelee , Mr. Graves of Georgia , Mr. Duncan of South Carolina , Mr. Mulvaney , Mr. Gowdy , Mrs. Ellmers , Mr. Lucas , Mr. Farenthold , Mr. Issa , Mr. Duncan of Tennessee , Mr. Price of Georgia , Mr. Gohmert , Mr. Ross , Mr. Goodlatte , Mrs. Noem , Mr. Reed , Mr. Harris , Mr. Salmon , Mr. Walberg , Mr. Thompson of Pennsylvania , Mr. Sam Johnson of Texas , and Mrs. Roby ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to repeal the authority to make performance-based bonus payments to States. 1. Short title This Act may be cited as the Stopping Needless Additional Performance Bonuses (SNAP) Act of 2013 . 2. Amendments (a) Repealer Section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended by striking subsection (d). (b) Conforming amendments Section 16(c) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(c) ) is amended— (1) in the first sentence of paragraph (4) by striking , or performance under the performance measures under subsection (d) , and (2) in the first sentence of paragraph (5) by striking , or performance under the performance measures under subsection (d) .

https://www.govinfo.gov/content/pkg/BILLS-113hr1182ih/xml/BILLS-113hr1182ih.xml

113-hr-1183

I 113th CONGRESS 1st Session H. R. 1183 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To withdraw certain Federal lands and interests located in Pima and Santa Cruz counties, Arizona, from the mining and mineral leasing laws of the United States, and for other purposes. 1. Short title This Act may be cited as the Southern Arizona Public Lands Protection Act of 2013 . 2. Withdrawal of Federal lands and interests located in Pima and Santa Cruz counties, Arizona Subject to valid existing rights, after the date of enactment of this Act— (1) all federally owned interests in National Forest lands in Santa Cruz County and Pima County, Arizona, are withdrawn from— (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing and geothermal leasing laws, and the mineral materials laws; (2) all federally owned subsurface interests under the administrative jurisdiction of the Bureau of Land Management in lands in Pima County, Arizona, with respect to which the surface interests are owned by such county, including in such lands located in Davidson Canyon, are withdrawn from— (A) all forms of entry, appropriation and disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing and geothermal leasing laws, and the mineral materials laws; and (3) all federally owned interests in Bureau of Land Management lands in Pima County, Arizona, are withdrawn from entry, location, or patent under the general mining laws.

https://www.govinfo.gov/content/pkg/BILLS-113hr1183ih/xml/BILLS-113hr1183ih.xml

113-hr-1184

I 113th CONGRESS 1st Session H. R. 1184 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Harris introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend title 31, United States Code, to provide for lessened penalties for certain violations of the anti-structuring laws when violations are with respect to certain domestic financial institutions and are not taken in connection with another crime, and for other purposes. 1. Short title This Act may be cited as the Small Business Deposit Relief Act of 2013 . 2. Limitation on penalties for certain structuring not involving another crime Section 5324 of title 31, United States Code, is amended— (1) in subsection (d)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: (2) Limitation on criminal penalties for certain non-aggravated cases (A) In general Notwithstanding paragraph (1), but subject to paragraph (3), whoever violates this section shall be fined in accordance with title 18, United States Code, imprisoned for not more than 1 year, or both, where such violation— (i) was of section 5324(a); (ii) was not made while also violating another law of the United States; and (iii) was made with respect to a transaction involving a domestic financial institution described under subparagraphs (A) through (F) of section 5312(a)(2). (B) No imprisonment for first offense Notwithstanding subparagraph (A), a person committing a violation described under that subparagraph shall not be subject to imprisonment for such violation if the person has not previously been convicted of a violation described under such subparagraph. ; and (2) by adding at the end the following: (e) Limitation on property forfeiture and monetary penalties for certain structuring not involving another crime With respect to a violation, the aggregate amount of property forfeited under section 5317(c)(1), property seized and forfeited under section 5317(c)(2), any money penalty imposed under section 5321(a)(4)(A), and any fine imposed under subsection (d) may not exceed 10 percent of the amount of coins and currency (or such other monetary instruments as the Secretary may prescribe) involved in the transaction with respect to which the violation occurred, if the violation— (1) was of section 5324(a); (2) was not made while also violating another law of the United States; and (3) was made with respect to a transaction involving a domestic financial institution described under subparagraphs (A) through (F) of section 5312(a)(2). .

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113-hr-1185

I 113th CONGRESS 1st Session H. R. 1185 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Hultgren (for himself and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to establish a deadline for restricting sewage dumping into the Great Lakes and to fund programs and activities for improving wastewater discharges into the Great Lakes. 1. Short title This Act may be cited as the Great Lakes Water Protection Act . 2. Prohibition on sewage dumping into the Great Lakes Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (s) Prohibition on sewage dumping into the Great Lakes (1) Definitions In this subsection: (A) Bypass The term bypass means an intentional diversion of waste streams to bypass any portion of a treatment facility which results in a discharge into the Great Lakes. (B) Discharge (i) In general The term discharge means a direct or indirect discharge of untreated sewage or partially treated sewage from a treatment works into the Great Lakes. (ii) Inclusions The term discharge includes a bypass and a combined sewer overflow. (C) Great lakes The term Great Lakes has the meaning given the term in section 118(a)(3). (D) Partially treated sewage The term partially treated sewage means any sewage, sewage and storm water, or sewage and wastewater, from domestic or industrial sources that— (i) is not treated to national secondary treatment standards for wastewater; or (ii) is treated to a level less than the level required by the applicable national pollutant discharge elimination system permit. (E) Treatment facility The term treatment facility includes all wastewater treatment units used by a publicly owned treatment works to meet secondary treatment standards or higher, as required to attain water quality standards, under any operating conditions. (F) Treatment works The term treatment works has the meaning given the term in section 212. (2) Prohibition A publicly owned treatment works is prohibited from performing a bypass unless— (A) (i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and (iii) the treatment works provides notice of the bypass in accordance with this subsection; or (B) the bypass does not cause effluent limitations to be exceeded, and the bypass is for essential maintenance to ensure efficient operation of the treatment facility. (3) Limitation The requirement of paragraph (2)(A)(ii) is not satisfied if— (A) adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass; and (B) the bypass occurred during normal periods of equipment downtime or preventive maintenance. (4) Immediate notice requirements (A) In general A publicly owned treatment works shall provide to the entities described in subparagraph (B)— (i) for any anticipated discharge, prior notice of that discharge; and (ii) for any unanticipated discharge, as soon as practicable, but not later than— (I) for a treatment works with an automated detection system, 2 hours after the discharge begins; and (II) for a treatment works without an automated detection system, 12 hours after the discharge begins. (B) Notice The entities referred to in subparagraph (A) are— (i) the Administrator or, in the case of a State that has a permit program approved under this section, the State; (ii) each local health department or, if a local health department does not exist, the State health department; (iii) the municipality in which the discharge occurred and each municipality with jurisdiction over waters that may be affected by the discharge; (iv) a daily newspaper of general circulation in each county in which a municipality described in clause (iii) is located; and (v) the general public through a prominent announcement on a publicly accessible Internet site of the treatment works. (C) Contents The notice under subparagraph (A) shall include a description of— (i) the volume and state of treatment of the discharge; (ii) the date and time of the discharge; (iii) the expected duration of the discharge; (iv) the steps being taken to contain the discharge, except for a discharge that is a wet weather combined sewer overflow discharge; (v) the location of the discharge, with the maximum level of specificity practicable; and (vi) the cause for the discharge. (5) Follow-up notice requirements Each publicly owned treatment works that provides notice under paragraph (4)(B) shall provide to the Administrator (or to the State in the case of a State that has a permit program approved under this section), not later than 5 days after the date on which the publicly owned treatment works provides initial notice, a follow-up notice containing— (A) a more full description of the cause of the discharge; (B) the reason for the discharge; (C) the period of discharge, including the exact dates and times; (D) if the discharge has not been corrected, the anticipated time the discharge is expected to continue; (E) the volume of the discharge resulting from the bypass; (F) a description of any public access area that has or may be impacted by the bypass; and (G) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the discharge. (6) Public availability of notices (A) In general Not later than 48 hours after providing or receiving a follow-up notice under paragraph (5), as applicable, a publicly owned treatment works and the Administrator (or the State, in the case of a State that has a permit program approved under this section) shall each post the follow-up notice on a publicly accessible, searchable database on the Internet. (B) Annual publication The Administrator (or the State, in the case of a State that has a permit program approved under this section) shall annually publish and make available to the public a list of each of the treatment works from which the Administrator or the State, as applicable, received a follow-up notice under paragraph (5). (7) Sewage blending Bypasses prohibited by this section include bypasses resulting in discharges from a publicly owned treatment works that consist of effluent routed around treatment units and thereafter blended together with effluent from treatment units prior to discharge. (8) Implementation Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish procedures to ensure that permits issued under this section (or under a State permit program approved under this section) to a publicly owned treatment works include requirements to implement this subsection. (9) Increase in maximum civil penalty for violations occurring after January 1, 2033 Notwithstanding section 309, in the case of a violation of this subsection occurring on or after January 1, 2033, or any violation of a permit limitation or condition implementing this subsection occurring after that date, the maximum civil penalty that shall be assessed for the violation shall be $100,000 per day for each day the violation occurs. (10) Applicability This subsection shall apply to a bypass occurring after the last day of the 1-year period beginning on the date of enactment of this subsection. . 3. Establishment of Great Lakes Cleanup Fund (a) In general Title V of the Federal Water Pollution Control Act ( 33 U.S.C. 1361 et seq. ) is amended— (1) by redesignating section 519 (33 U.S.C. 1251 note) as section 520; and (2) by inserting after section 518 (33 U.S.C. 1377) the following: 519. Establishment of Great Lakes Cleanup Fund (a) Definitions In this section: (1) Fund The term Fund means the Great Lakes Cleanup Fund established by subsection (b). (2) Great Lakes; Great Lakes States The terms Great Lakes and Great Lakes States have the meanings given the terms in section 118(a)(3). (b) Establishment of fund There is established in the Treasury of the United States a trust fund to be known as the Great Lakes Cleanup Fund (referred to in this section as the Fund ). (c) Transfers to fund Effective January 1, 2033, there are authorized to be appropriated to the Fund amounts equivalent to the penalties collected for violations of section 402(s). (d) Administration of fund The Administrator shall administer the Fund. (e) Use of funds The Administrator shall— (1) make the amounts in the Fund available to the Great Lakes States for use in carrying out programs and activities for improving wastewater discharges into the Great Lakes, including habitat protection and wetland restoration; and (2) allocate those amounts among the Great Lakes States based on the proportion that— (A) the amount attributable to a Great Lakes State for penalties collected for violations of section 402(s); bears to (B) the total amount of those penalties attributable to all Great Lakes States. (f) Priority In selecting programs and activities to be funded using amounts made available under this section, a Great Lakes State shall give priority consideration to programs and activities that address violations of section 402(s) resulting in the collection of penalties. . (b) Conforming amendment to State revolving fund program Section 607 of the Federal Water Pollution Control Act ( 33 U.S.C. 1387 ) is amended— (1) by striking There is and inserting (a) In general.— There is ; and (2) by adding at the end the following: (b) Treatment of Great Lakes Cleanup Fund For purposes of this title, amounts made available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that the funds shall be made available to the Great Lakes States in accordance with section 519. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1185ih/xml/BILLS-113hr1185ih.xml

113-hr-1186

I 113th CONGRESS 1st Session H. R. 1186 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Hunter (for himself, Mr. Johnson of Ohio , Mr. King of Iowa , Mr. Gohmert , Mr. Wilson of South Carolina , Mr. Wolf , Mr. Weber of Texas , Mr. Jordan , Mr. Wittman , and Mr. Broun of Georgia ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To posthumously award the Congressional Gold Medal to each of Glen Doherty and Tyrone Woods in recognition of their contributions to the Nation. 1. Findings Congress makes the following findings: (1) On September 11, 2012, the United States consulate, and its personnel in Benghazi, Libya, were attacked by militants. (2) Four Americans were killed in the attack, including Ambassador J. Christopher Stevens, Sean Smith, Glen Doherty, and Tyrone Woods. (3) Glen Doherty and Tyrone Woods were former Navy SEALs who served as security personnel in Libya. As the attack unfolded, they bravely attempted to defend American property and protect United States diplomatic personnel. In so doing, they selflessly sacrificed their own lives. (4) Glen Doherty was a Navy SEAL for 12 years and served in Iraq and Afghanistan. He attained the rank of Petty Officer First Class and earned the Navy and Marine Corps Commendation Medal. After leaving the Navy, Glen Doherty worked with the Department of State to protect American diplomats. (5) Tyrone Woods served for 20 years as a Navy SEAL including tours in Iraq and Afghanistan. In Iraq he led multiple raids and reconnaissance missions and earned the Bronze Star. After retiring from the Navy as a Senior Chief Petty Officer, Tyrone Woods worked with the Department of State to protect American diplomats. 2. Congressional Gold Medal (a) Award Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous award, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Glen Doherty and Tyrone Woods in recognition of their contributions to the Nation. (b) Design and Striking For the purposes of the awards referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike the gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 3. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medals struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medals. 4. National medals Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. 5. Authorization of appropriations; proceeds of sale (a) Authorization of Appropriations There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

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113-hr-1187

I 113th CONGRESS 1st Session H. R. 1187 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Grijalva , Mr. Markey , Mrs. Capps , and Mr. Nadler ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate certain National Forest System lands and public lands under the jurisdiction of the Secretary of the Interior in the States of Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and wild and scenic rivers, to provide for the establishment of a Northern Rockies Wildlife Habitat and Corridors Information System and Program, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Northern Rockies Ecosystem Protection Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Title I—Designation of wilderness Subtitle A—Designation Sec. 101. Purpose and effect of designation of certain National Forest System land, National Park System land, and public land as wilderness. Sec. 102. Idaho wilderness designations. Sec. 103. Montana wilderness designations. Sec. 104. Oregon wilderness designations. Sec. 105. Washington wilderness designations. Sec. 106. Wyoming wilderness designations. Sec. 107. Wilderness designations involving multiple States. Subtitle B—Administration Sec. 121. Management generally. Sec. 122. Maps and legal description. Sec. 123. Withdrawal. Sec. 124. Water rights. Sec. 125. Indian tribes. Sec. 126. Buffer zones. Sec. 127. Fish and wildlife. Sec. 128. Fire, insects, and disease. Sec. 129. Grazing. Sec. 130. Private land. Title II—Wildlife Corridors Sec. 201. Definitions. Sec. 202. Northern Rockies Wildlife Habitat and Corridors Information Program. Sec. 203. Northern Rockies Habitat and Corridors Information System. Sec. 204. Cooperation. Title III—Additional provisions regarding Indian tribes Sec. 301. Federal trust responsibility. Sec. 302. Exemption from Freedom of Information Act. Sec. 303. Application of Indian Self-Determination and Education Assistance Act. Title IV—Wild and Scenic Rivers Designations Sec. 401. Designation of wild and scenic rivers in Idaho, Montana, and Wyoming. 2. Purposes The purposes of this Act are— (1) to designate certain National Forest System land, certain National Park System land, and certain public land administered by the Bureau of Land Management in Idaho, Montana, Oregon, Washington, and Wyoming as components of the National Wilderness Preservation System; (2) to designate certain National Forest System land, public land administered by the Bureau of Land Management, and waterways on these lands in Montana, Idaho, and Wyoming as components of the National Wild and Scenic River System; and (3) to establish an integrated Federal program to protect, restore, and conserve natural resources in response to threats of climate change. 3. Definitions In this Act: (1) Corridors The term corridors means areas that provide connectivity of habitat or potential habitat and that facilitate the ability of terrestrial, estuarine, and freshwater fish, or wildlife to move within a landscape as needed for migration, gene flow, or dispersal, or in response to the impacts of climate change or other impacts. (2) Habitat The term habitat means the physical, chemical, and biological properties that are used by fish, wildlife, or plants for growth, reproduction, survival, food, water, and cover, on a tract of land, in a body of water, or in an area or region. (3) 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 ). (4) Natural resources The term natural resources means the terrestrial, freshwater, estuarine, and marine fish, wildlife, plants, land, water, habitats, and ecosystems of the United States. (5) Natural resources adaptation The term natural resources adaptation means the protection, restoration, and conservation of natural resources to enable them to become more resilient, adapt to, and withstand the impacts of climate change. (6) Public land The term public land has the meaning given the term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ). (7) Resilience The terms resilience and resilient means the ability to resist or recover from disturbance and preserve diversity, productivity, and sustainability. (8) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to National Park System lands and public land. I Designation of wilderness A Designation 101. Purpose and effect of designation of certain National Forest System land, National Park System land, and public land as wilderness In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), certain National Forest System land, National Park System land, and public land in the States of Idaho, Montana, Oregon, Washington, and Wyoming are designated as wilderness and as either a new component of the National Wilderness Preservation System or as an addition to an existing component of the National Wilderness Preservation System, as described in this subtitle. 102. Idaho wilderness designations (a) Caribou-Targhee national forest (1) Additions to Mount naomi wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 28,000 as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Mount Naomi Wilderness. (2) New components of national wilderness preservation system (A) Garns mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 104,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Garns Mountain Wilderness. (B) Antelope creek wilderness Certain Federal land within Caribou-Targhee National Forest comprising approximately 17,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bald Mountain Antelope Creek Wilderness. (C) Bear creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 98,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bear Creek Wilderness. (D) Caribou-targhee wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 94,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Caribou-Targhee Wilderness. (E) Poker peak wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 20,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Poker Peak Wilderness. (F) Tincup wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Tincup Wilderness. (G) Schmid peak wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 20,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Schmid Peak Wilderness. (H) Sage creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Sage Creek Wilderness. (I) Preuss creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Preuss Creek Wilderness. (J) Dry ridge wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 23,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Dry Ridge Wilderness. (K) Meade peak wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 45,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Meade Peak Wilderness. (L) Paris peak wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Paris Peak Wilderness. (M) Station creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Station Creek Wilderness. (N) Mink creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 16,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Mink Creek Wilderness. (O) Liberty creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 15,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Liberty Creek Wilderness. (P) Williams creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Williams Creek Wilderness. (Q) Stauffer creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Stauffer Creek Wilderness. (R) Sherman peak wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Sherman Peak Wilderness. (S) Soda point wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 23,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Soda Point Wilderness. (T) Clarkston mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 16,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Clarkston Mountain Wilderness. (U) Malad wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Malad Wilderness. (V) Oxford mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 41,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Oxford Mountain Wilderness. (W) Elkhorn mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 42,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Elkhorn Mountain Wilderness. (X) Bonneville peak wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 32,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bonneville Peak Wilderness. (Y) North pebble wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the North Pebble Wilderness. (Z) Toponce wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 18,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Toponce Wilderness. (AA) Scout mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 25,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Scout Mountain Wilderness. (BB) West mink area Certain Federal land within the Caribou-Targhee National Forest comprising approximately 20,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the West Mink Wilderness. (CC) Two top wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Two Top Wilderness. (DD) Worm creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 42,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Worm Creek Wilderness. (EE) Swan creek mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Swan Creek Wilderness. (FF) Gibson wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Gibson Wilderness. (b) Nez perce national forest (1) Additions to existing components of national wilderness preservation system (A) Frank church-river of no return wilderness (i) Jersey-jack addition Certain Federal land within the Nez Perce National Forest comprising approximately 64,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (ii) Mallard addition Certain Federal land within the Nez Perce National Forest comprising approximately 20,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (B) Gospel hump wilderness addition Certain Federal land within the Nez Perce National Forest comprising approximately 55,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Gospel Hump Wilderness. (C) Hells canyon wilderness (i) Salmon face addition Certain Federal land within the Nez Perce National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Hells Canyon Wilderness. (ii) Klopton creek/corral creek addition Certain Federal land within the Nez Perce National Forest comprising approximately 21,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Hells Canyon Wilderness. (iii) Big canyon addition Certain Federal land within the Nez Perce National Forest comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Hells Canyon Wilderness. (2) New components of national wilderness preservation system (A) Little slate creek wilderness Certain Federal land within the Nez Perce National Forest comprising approximately 12,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Little Slate Creek Wilderness. (B) Little slate creek north wilderness Certain Federal land within the Nez Perce National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Little Slate Creek North Wilderness. (C) O’hara falls creek wilderness Certain Federal land within the Nez Perce National Forest comprising approximately 33,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the O’Hara Falls Creek Wilderness. (D) Lick point wilderness Certain Federal land within the Nez Perce National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lick Point Wilderness. (E) Clear creek wilderness Certain Federal land within the Nez Perce National Forest comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Clear Creek Wilderness. (F) Silver creek-pilot knob wilderness Certain Federal land within the Nez Perce National Forest comprising approximately 21,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Silver Creek-Pilot Knob Wilderness. (G) Dixie summit-nut hill wilderness Certain Federal land within the Nez Perce National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Dixie Summit-Nut Hill Wilderness. (H) North fork slate creek wilderness Certain Federal land within the Nez Perce National Forest comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the North Fork Slate Creek Wilderness. (I) John day wilderness Certain Federal land within the Nez Perce National Forest comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the John Day Wilderness. (c) Payette national forest (1) Additions to frank church-river of no return wilderness (A) Pinnacle peak (sugar mountain) addition Certain Federal land within the Payette National Forest comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (B) Placer creek addition Certain Federal land within the Payette National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (C) Smith creek addition Certain Federal land within the Payette National Forest comprising approximately 2,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (D) Cottontail point-pilot creek addition Certain Federal land within the Payette National Forest comprising approximately 93,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (2) New components of national wilderness preservation system (A) Cuddy mountain wilderness Certain Federal land within the Payette National Forest comprising approximately 41,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cuddy Mountain Wilderness. (B) Council mountain wilderness Certain Federal land within the Payette National Forest comprising approximately 17,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Council Mountain Wilderness. (C) French creek/Patrick butte wilderness Certain Federal land within the Payette National Forest comprising approximately 170,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the French Creek/Patrick Butte Wilderness. (D) Crystal mountain wilderness Certain Federal land within the Payette National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Crystal Mountain Wilderness. (E) Secesh wilderness Certain Federal land within the Payette National Forest comprising approximately 248,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Secesh Wilderness. (F) Chimney rock wilderness Certain Federal land within the Payette National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Chimney Rock Wilderness. (d) Boise national forest (1) Addition to frank church river of no return wilderness Certain Federal land within the Boise National Forest comprising approximately 59,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (2) New Components of National Wilderness Preservation System (A) Mount heinen wilderness Certain Federal land within the Boise National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Mount Heinen Wilderness. (B) Reeves creek wilderness Certain Federal land within the Boise National Forest comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Reeves Creek Wilderness. (C) Peace rock wilderness Certain Federal land within the Boise National Forest comprising approximately 192,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Peace Rock Wilderness. (D) Deadwood wilderness Certain Federal land within the Boise National Forest comprising approximately 52,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Deadwood Wilderness. (E) Whitehawk mountain wilderness Certain Federal land within the Boise National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Whitehawk Mountain Wilderness. (F) Stony meadows wilderness Certain Federal land within the Boise National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Stony Meadows Wilderness. (G) Scriver creek wilderness Certain Federal land within the Boise National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Scriver Creek Wilderness. (H) Grimes pass wilderness Certain Federal land within the Boise National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grimes Pass Wilderness. (I) Gallagher wilderness Certain Federal land within the Boise National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Gallagher Wilderness. (J) Corski creek wilderness Certain Federal land within the Boise National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Corski Creek Wilderness. (K) Breadwinner wilderness Certain Federal land within the Boise National Forest comprising approximately 20,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Breadwinner Wilderness. (L) Elk creek wilderness Certain Federal land within the Boise National Forest comprising approximately 15,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Elk Creek Wilderness. (M) Steel mountain wilderness Certain Federal land within the Boise National Forest comprising approximately 23,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Steel Mountain Wilderness. (N) Rainbow wilderness Certain Federal land within the Boise National Forest comprising approximately 31,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Rainbow Wilderness. (O) Grand mountain wilderness Certain Federal land within the Boise National Forest comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grand Mountain Wilderness. (P) Sheep creek wilderness Certain Federal land within the Boise National Forest comprising approximately 70,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Sheep Creek Wilderness. (Q) Snowbank wilderness Certain Federal land within the Boise National Forest comprising approximately 34,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Snowbank Wilderness. (R) House mountain wilderness Certain Federal land within the Boise National Forest comprising approximately 26,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the House Mountain Wilderness. (S) Danskin wilderness Certain Federal land within the Boise National Forest comprising approximately 30,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Danskin Wilderness. (T) Cow creek wilderness Certain Federal land within the Boise National Forest comprising approximately 15,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cow Creek Wilderness. (U) Wilson peak wilderness Certain Federal land within the Boise National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Wilson Peak Wilderness. (V) Lost man creek wilderness Certain Federal land within the Boise National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lost Man Creek Wilderness. (W) Whiskey jack wilderness Certain Federal land within the Boise National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Whiskey Jack Wilderness. (X) Cathedral rocks wilderness Certain Federal land within the Boise National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cathedral Rocks Wilderness. (e) Salmon-Challis national forest (1) Addition to frank church river of no return wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 303,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (2) New components of national wilderness preservation system (A) Perreau creek wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Perreau Creek Wilderness. (B) Napias wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Napias Wilderness. (C) Napolean ridge wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 51,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Napolean Ridge Wilderness. (D) Jesse creek wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Jesse Creek Wilderness. (E) Haystack mountain wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 12,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Haystack Mountain Wilderness. (F) Phelan wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Phelan Wilderness. (G) Sheepeater wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 35,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Sheepeater Wilderness. (H) South fork deep creek wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the South Fork Deep Creek Wilderness. (I) Cobalt wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cobalt Wilderness. (J) Jureano wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 25,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Jureano Wilderness. (K) South panther wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the South Panther Wilderness. (L) Musgrove wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Musgrove Wilderness. (M) Taylor mountain wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 63,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Taylor Mountain Wilderness. (N) Martin creek wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 99,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Martin Creek Wilderness. (O) White knob wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 65,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the White Knob Wilderness. (P) Porphyry peak wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 47,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Porphyry Peak Wilderness. (Q) Greylock wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 12,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Greylock Wilderness. (R) Copper basin wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 11,000 as generally depicted on the map entitled _____ and dated ______, which shall be known as the Copper Basin Wilderness. (S) Cold springs wilderness -Certain Federal land within the Salmon-Challis National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cold Springs Wilderness. (T) King mountain wilderness Xertain Federal land within the Salmon-Challis National Forest comprising approximately 87,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the King Mountain Wilderness. (U) Grouse peak wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 9,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grouse Peak Wilderness. (V) Red hill wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 15,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Red Hill Wilderness. (W) Jumpoff mountain wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 14,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Jumpoff Mountain Wilderness. (X) Wood canyon wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 8,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Wood Canyon Wilderness. (Y) Pahsimeroi wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 73,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Pahsimeroi Wilderness. (Z) Warm canyon wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Warm Canyon Wilderness. (AA) Goldbug ridge wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 13,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Goldbug Ridge Wilderness. (BB) Sal mountain wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 14,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Sal Mountain Wilderness. (CC) Agency creek wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 6,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Agency Creek Wilderness. (f) Clearwater national forest (1) Additions to selway-bitteroot wilderness (A) Lochsa face addition Certain Federal land within the Clearwater National Forest comprising approximately 75,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Selway-Bitteroot Wilderness. (B) Elk summit/sneakfoot/north fork spruce addition Certain Federal land within the Clearwater National Forest comprising approximately 59,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Selway-Bitteroot Wilderness. (2) New Components of National Wilderness Preservation System (g) Clearwater national forest (1) Additions to selway-bitteroot wilderness (A) Lochsa face addition Certain Federal land within the Clearwater National Forest comprising approximately 76,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Selway-Bitteroot Wilderness. (B) Elk summit/sneakfoot/north fork spruce addition Certain Federal land within the Clearwater National Forest comprising approximately 54,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Selway-Bitteroot Wilderness. (2) New components of national wilderness preservation system (A) Bighorn-weitas wilderness Certain Federal land within the Clearwater National Forest comprising approximately 260,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bighorn-Weitas Wilderness. (B) Eldorado wilderness Certain Federal land within the Clearwater National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Eldorado Wilderness. (C) Moose mountain wilderness Certain Federal land within the Clearwater National Forest comprising approximately 22,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Moose Mountain Wilderness. (D) North lochsa slope wilderness Certain Federal land within the Clearwater National Forest comprising approximately 118,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the North Lochsa Wilderness. (E) Pot mountain wilderness Certain Federal land within the Clearwater National Forest comprising approximately 51,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Pot Mountain Wilderness. (F) Siwash wilderness Certain Federal land within the Clearwater National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Siwash Wilderness. (G) Weir-post office wilderness Certain Federal land within the Clearwater National Forest comprising approximately 22,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Weir-Post Office Wilderness. (h) New Components of the National Wilderness Preservation System (1) Idaho panhandle national forest (A) Continental mountain wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Continental Mountain Wilderness. (B) Deep white wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Deep White Wilderness. (C) Shafer peak wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Shafer Peak Wilderness. (D) Upper priest lake wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Upper Priest Lake Wilderness. (E) Beetop wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 12,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Beetop Wilderness. (F) Packsaddle wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 19,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Packsaddle Wilderness. (G) Magee wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 35,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Magee Wilderness. (H) Tepee creek wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Tepee Creek Wilderness. (I) Trouble creek wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Trouble Creek Wilderness. (J) Graham coal wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Graham Coal Wilderness. (K) Kootenai peak wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Kootenai Peak Wilderness. (L) Katka wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Katka Wilderness. (M) Hammond creek wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 17,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Hammond Creek Wilderness. (N) North fork wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 31,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the North Fork Wilderness. (O) Big creek wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 76,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Big Creek Wilderness. (P) Bobtail peak wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 12,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bobtail Peak Wilderness. (Q) East cathedral peak wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 22,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the East Cathedral Peak Wilderness. (R) Spion kop wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 22,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Spion Kop Wilderness. (S) Roland point wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 6,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Roland Point Wilderness. (T) Mosquito fly wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 19,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Mosquito Fly Wilderness. (U) Midget peak wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Midget Peak Wilderness. (i) New components of the national wilderness preservation system, sawtooth national forest (1) Cache Peak wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 27,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cache Peak Wilderness. (2) Sublett wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Sublett Wilderness. (3) Burnt basin/black pine wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 44,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Burnt Basin/Black Pine Wilderness. (4) Mount harrison wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 30,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Mount Harrison Wilderness. (5) Fifth fork rock creek wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 17,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Fifth Fork Rock Creek Wilderness. (6) Third fork rock creek wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Third Fork Rock Creek Wilderness. (7) Cottonwood wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cottonwood Wilderness. (8) Mahogany butte wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 21,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Mahogany Butte Wilderness. (9) Thorobred wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Thorobred Wilderness. (10) Buttercup mountain wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 57,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Buttercup Mountain Wilderness. (11) Elk ridge wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Elk Ridge Wilderness. (12) Liberal mountain wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Liberal Mountain Wilderness. (j) Public land components of the national wilderness preservation system (1) Addition to frank church-river of no return wilderness Certain Federal land administered by the Cottonwood Field Office of the Bureau of Land Management comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (2) New components of national wilderness preservation system (A) Burnt creek wilderness Certain Federal land administered by the Upper Snake and Challis Field Offices of the Bureau of Land Management comprising approximately 22,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Burnt Creek Wilderness. (B) Hawley mountain wilderness Certain Federal land administered by the Upper Snake Field Office of the Bureau of Land Management comprising approximately 17,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Hawley Mountain Wilderness. (C) Jerry peak wilderness Certain Federal land administered by the Challis Field Office of the Bureau of Land Management comprising approximately 28,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Jerry Peak Wilderness. (D) Jerry peak west wilderness Certain Federal land administered by the Challis Field Office of Bureau of Land Management comprising approximately 12,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Jerry Peak West Wilderness. (E) Corral-horse basin wilderness Certain Federal land administered by the Challis Field Office of the Bureau of Land Management comprising approximately 47,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Corral-Horse Basin Wilderness. (F) Appendicitis hill wilderness Certain Federal land administered by the Upper Snake Field Office of the Bureau of Land Management comprising approximately 22,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Appendicitis Hill Wilderness. (G) White-knob mountains wilderness Certain Federal land administered by the Upper Snake Field Office of the Bureau of Land Management comprising approximately 10,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the White-Knob Mountains Wilderness. (k) Multi-Forest wilderness areas (1) Additions to Existing Components of National Wilderness Preservation System (A) Additions to Frank Church-River of No Return Wilderness (i) Blue bunch addition Certain Federal land within the Salmon-Challis National Forest and the Boise National Forest comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (ii) Loon creek addition Certain Federal land within the Salmon-Challis National Forest and the Sawtooth National Forest comprising approximately 109,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (B) Rackliff-gedney addition to selway-bitterroot wilderness Certain Federal land within the Clearwater National Forest and the Nez Perce National Forest comprising approximately 90,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Selway-Bitterroot Wilderness. (C) Hansen lakes, huckleberry, pettit, smoky mountains, ten mile, black warrior, south boise, and yuba additions to sawtooth wilderness Certain Federal land within the Boise National Forest, Sawtooth National Forest and the Salmon-Challis National Forest comprising approximately 540,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Sawtooth Wilderness. (D) Rapid river addition to hells canyon wilderness Certain Federal land within the Payette National Forest and the Nez Perce National Forest comprising approximately 76,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Hells Canyon Wilderness. (2) New Components of National Wilderness Preservation System (A) Mallard-larkins wilderness, Clearwater and Idaho Panhandle National Forests Certain Federal land within the Clearwater National Forest and the Idaho Panhandle National Forest comprising approximately 260,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Mallard-Larkins Wilderness. (B) Bull trout wilderness, boise and salmon-challis national forests Certain Federal land within the Boise National Forest and the Salmon-Challis National Forest comprising approximately 115,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bull Trout Wilderness. (C) Payette and boise national forests (i) Needles wilderness Certain Federal land within the Payette National Forest and the Boise National Forest comprising approximately 161,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Needles Wilderness. (ii) Caton lake wilderness Certain Federal land within the Payette National Forest and the Boise National Forest comprising approximately 85,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Caton Lake Wilderness. (iii) Poison creek wilderness Certain Federal land within the Payette National Forest and the Boise National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Poison Creek Wilderness. (iv) Meadow creek wilderness Certain Federal land within the Payette National Forest and the Boise National Forest comprising approximately 29,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Meadow Creek Wilderness. (v) Horse heaven wilderness Certain Federal land within the Payette National Forest and the Boise National Forest comprising approximately 18,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Horse Heaven Wilderness. (vi) Lime creek wilderness, boise and sawtooth national forests Certain Federal land within the Sawtooth National Forest and the Boise National Forest comprising approximately 97,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lime Creek Wilderness. (D) Railroad ridge wilderness, Sawtooth and salmon-challis national forests Certain Federal land within the Sawtooth National Forest and the Salmon-Challis National Forest comprising approximately 51,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Railroad Ridge Wilderness. (l) Wilderness areas consisting of public land and national forest system land (1) Meadow creek addition to Selway-Bitterroot wilderness Certain Federal land within the Nez Perce National Forest and on land administered by the Cottonwood Field Office of the Bureau of Land Management comprising approximately 215,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Selway-Bitterroot Wilderness. (2) New components of national wilderness preservation system (A) Pioneer mountains wilderness Certain Federal land within the Sawtooth National Forest and the Salmon-Challis National Forest and on land administered by the Shoshone Field Office the Bureau of Land Managementcomprising approximately 308,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Pioneer Mountain Wilderness. (B) Boulder/white clouds wilderness Certain Federal land within the Sawtooth National Forest, the Salmon-Challis National Forest and on land administered by the Challis Field Office the Bureau of Land Management comprising approximately 463,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Boulder/White Clouds Wilderness. (C) Long canyon/selkirk crest wilderness Certain Federal land within the Idaho Panhandle National Forest and on land administered by the Coeur d’Alene Field Office the Bureau of Land Management comprising approximately 99,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Long Canyon/Selkirk Crest Wilderness. (D) Grandmother mountain wilderness Certain Federal land within the Idaho Panhandle National Forest and on land administered by the Coeur d’Alene Field Office of the Bureau of Land Management comprising approximately 35,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grandmother Mountain Wilderness. (E) Pinchot butte wilderness Certain Federal land within the Idaho Panhandle National Forest and on land administered by the Coeur d’Alene Field Office of the Bureau of Land Management comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Pinchot Butte Wilderness. (F) Borah peak wilderness Certain Federal land within the Salmon-Challis National Forest and land administered by the Challis Field Office of the Bureau of Land Management comprising approximately 155,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Borah Peak Wilderness. (G) North lemhi mountains wilderness Certain Federal land within the Salmon-Challis National Forest and land administered by the Challis Field Office of the Bureau of Land Management comprising approximately 309,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the North Lemhi Mountains Wilderness. (H) South lemhi wilderness Certain Federal land within the Salmon-Challis, and Caribou-Targhee National Forests and land administered by the Upper Snake Field Office of the Bureau of Land Management comprising approximately 173,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the South Lemhi Wilderness. 103. Montana wilderness designations (a) Lewis and Clark National Forest (1) Addition to Scapegoat wilderness Certain Federal lands within the Lewis and Clark National Forest, and known as the Benchmark/Elk Creek areas, comprising approximately 28,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Scapegoat Wilderness. (2) New components of National Wilderness Preservation System (A) Sawtooth ridge wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated _______, which shall be known as the Sawtooth Ridge Wilderness. (B) Blackfeet wilderness Certain lands within the Lewis and Clark National Forest and known as the Badger-Two Medicine Area comprising approximately 129,000 acres and as generally depicted on the map entitled _____ and dated________, which shall be known as the Blackfeet Wilderness. (C) Highwoods Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 25,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Highwoods Wilderness. (D) Highwood Baldy Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 16,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Highwood Baldy Wilderness. (E) Calf Creek Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 10,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Calf Creek Wilderness. (F) Eagle Creek Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 6,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Eagle Creek Wilderness. (G) Castle Mountains Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 28,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Castle Mountains Wilderness. (H) Box Canyon Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 15,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Box Canyon Wilderness. (I) Tenderfoot Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 105,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Tenderfoot Wilderness. (J) Middle Fork Judith Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 84,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Middle Fork Judith Wilderness. (K) Pilgrim Creek Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 47,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Pilgrim Creek Wilderness. (L) Paine Gulch Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 8,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Paine Gulch Wilderness. (M) Sawmill Gulch Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 12,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Sawmill Gulch Wilderness. (N) Spring Creek Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 18,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Spring Creek Wilderness. (O) TW Mountain Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 8,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the TW Mountain Wilderness. (P) Big Baldy Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 43,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Big Baldy Wilderness. (Q) Stanford Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 10,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Stanford Wilderness. (R) Tollgate-Sheep Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 25,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Tollgate-Sheep Wilderness. (S) Mount High Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 33,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Mount High Wilderness. (T) Bluff Mountain Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 37,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Bluff Mountain Wilderness. (U) North Fork Smith Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 9,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the North Fork Smith Wilderness. (b) Flathead national forest (1) Additions to existing components of national wilderness preservation system (A) Bob Marshall Wilderness (i) Swan crest addition Certain Federal land within the Flathead National Forest comprising approximately 89,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Bob Marshall Wilderness. (ii) Limestone caves/lost jack addition Certain Federal land within the Flathead National Forest comprising approximately 36,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Bob Marshall Wilderness. (B) Great bear wilderness (i) Middle fork addition Certain Federal land within the Flathead National Forest comprising approximately 40,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Great Bear Wilderness. (ii) South fork addition Certain Federal land within the Flathead National Forest comprising approximately 21,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Great Bear Wilderness. (C) Mission mountain wilderness addition Certain Federal land within the Flathead National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Mission Mountains Wilderness. (2) New components of national wilderness preservation system (A) Deadhorse ridge wilderness Certain Federal land within the Flathead National Forest comprising approximately 24,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Deadhorse Ridge Wilderness. (B) Standard peak wilderness Certain Federal land within the Flathead National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Standard Peak Wilderness. (C) Coal ridge wilderness Certain Federal land within the Flathead National Forest comprising approximately 16,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Coal Ridge Wilderness. (D) Benchmark wilderness Certain Federal land within the Flathead National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Benchmark Wilderness. (c) Lolo national forest (1) Additions to existing components of national wilderness preservation system (A) Monture creek addition to bob marshall wilderness Certain Federal land within the Lolo National Forest comprising approximately 99,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Bob Marshall Wilderness. (B) Marshall peak addition to mission mountain wilderness Certain Federal land within the Lolo National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Mission Mountains Wilderness. (C) Welcome creek wilderness addition Certain Federal land within the Lolo National Forest comprising approximately 1,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be added to and administered as part of the Welcome Creek Wilderness. (2) New components of national wilderness preservation system (A) Stark mountain wilderness Certain Federal land within the Lolo National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated _____, which shall be known as Stark Mountain Wilderness. (B) Sundance ridge wilderness Certain Federal land within the Lolo National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Sundance Ridge Wilderness. (C) Teepee-spring creek wilderness Certain Federal land within the Lolo National Forest comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated _____, which shall be known as Teepee-Spring Creek Wilderness. (D) Baldy mountain wilderness Certain Federal land within the Lolo National Forest and comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Baldy Mountain Wilderness. (E) Mount bushnell wilderness Certain Federal land within the Lolo National Forest comprising approximately 42,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Mount Bushnell Wilderness. (F) Cherry Peak Wilderness Certain Federal land within the Lolo National Forest comprising approximately 38,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Cherry Peak Wilderness. (G) Patrick’s knob/north cutoff Certain Federal land within the Lolo National Forest comprising approximately 17,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Patrick’s Knob/North Cutoff Wilderness. (H) South siegel/south cutoff wilderness Certain Federal land within the Lolo National Forest comprising approximately 13,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the South Siegel Wilderness. (I) North Siegel Wilderness Certain Federal land within the Lolo National Forest comprising approximately 9,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the North Siegel Wilderness. (J) Reservation divide wilderness Certain Federal land within the Lolo National Forest comprising approximately 19,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Reservation Divide Wilderness. (K) Burdette wilderness Certain Federal land within the Lolo National Forest comprising approximately 16,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Burdette Wilderness. (L) Petty mountain wilderness Certain Federal land within the Lolo National Forest comprising approximately 16,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Petty Mountain Wilderness. (M) Gillman creek wilderness Certain Federal land within the Lolo National Forest comprising approximately 8,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Gillman Creek Wilderness. (N) Evans gulch wilderness Certain Federal land within the Lolo National Forest comprising approximately 8,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Evans Gulch Wilderness. (O) Gilt edge-silver creek wilderness Certain Federal land within the Lolo National Forest comprising approximately 10,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Gilt Edge-Silver Creek Wilderness. (P) Ward eagle wilderness Certain Federal land within the Lolo National Forest comprising approximately 9,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Ward Eagle Wilderness. (Q) Marble point wilderness Certain Federal land within the Lolo National Forest comprising approximately 13,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Marble Point Wilderness. (d) Kootenai National Forest (1) Addition to Cabinet mountains wilderness Certain Federal land within the Kootenai National Forest comprising approximately 100,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Cabinet Mountains Wilderness. (2) New components of national wilderness preservation system (A) Ten lakes wilderness Certain Federal land within the Kootenai National Forest comprising approximately 48,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Ten Lakes Wilderness. (B) Skyline mountain wilderness Certain Federal land within the Kootenai National Forest comprising approximately 15,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Skyline Mountain Wilderness. (C) Galena creek wilderness Certain Federal land within the Kootenai National Forest comprising approximately 20,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Galena Creek Wilderness. (D) Berray mountain wilderness Certain Federal land within the Kootenai National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Berray Mountain Wilderness. (E) Lone cliff-smeads wilderness Certain Federal land within the Kootenai National Forest comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Lone Cliff-Smeads Wilderness. (F) Mcneeley wilderness Certain Federal land within the Kootenai National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as McNeeley Wilderness. (G) Northwest peaks wilderness Certain Federal land within the Kootenai National Forest comprising approximately 15,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as Northwest Peaks Wilderness. (H) Roderick wilderness Certain Federal land within the Kootenai National Forest comprising approximately 30,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as Roderick Wilderness. (I) Grizzly peak wilderness Certain Federal land within the Kootenai National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Grizzly Peak Wilderness. (J) West fork yaak wilderness Certain Federal land within the Kootenai National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as West Fork Yaak Wilderness. (K) Mt. henry wilderness Certain Federal land within the Kootenai National Forest comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Mt. Henry Wilderness. (L) Alexander creek wilderness Certain Federal land within the Kootenai National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as Alexander Creek Wilderness. (M) Robinson mountain wilderness Certain Federal land within the Kootenai National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Robinson Mountain Wilderness. (N) Devil’s gap wilderness Certain Federal land within the Kootenai National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Devil’s Gap Wilderness. (O) Lone cliff west wilderness Certain Federal land within the Kootenai National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Lone Cliff West Wilderness. (P) Allen peak wilderness Certain Federal land within the Kootenai National Forest comprising approximately 30,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Allen Peak Wilderness. (Q) Huckleberry mountain wilderness Certain Federal land within the Kootenai National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Huckleberry Mountain Wilderness. (R) Gold hill wilderness Certain Federal land within the Kootenai National Forest comprising approximately 6,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Gold Hill Wilderness. (S) Gold hill west wilderness Certain Federal land within the Kootenai National Forest comprising approximately 16,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Gold Hill West Wilderness. (T) Zulu creek wilderness Certain Federal land within the Kootenai National Forest comprising approximately 6,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Zulu Creek Wilderness. (U) Good creek wilderness Certain Federal land within the Kootenai National Forest comprising approximately 8,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Good Creek Wilderness. (V) East fork elk wilderness Certain Federal land within the Kootenai National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the East Fork Elk Wilderness. (e) New components of national wilderness preservation system, bitterroot national forest (1) Sleeping child wilderness Certain Federal land within the Bitterroot National Forest comprising approximately 21,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Sleeping Child Wilderness. (2) Tolan creek wilderness Certain Federal land within the Bitterroot National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Tolan Creek Wilderness. (f) New components of national wilderness preservation system, beaverhead-Deerlodge national forest (1) Antelope basin wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 70,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Antelope Basin Wilderness. (2) Lone butte wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Lone Butte Wilderness. (3) Black butte Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 39,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known Black Butte Wilderness. (4) Gravelly mountains wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising of approximately 53,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Big Horn Mountain Gravelly Mountains Wilderness. (5) Vigilante wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 16,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Vigilante Wilderness. (6) Cherry lakes wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Cherry Lakes Wilderness. (7) Crockett lake wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 7,000 acres administered as generally depicted on the map entitled _____ and dated ______, which shall be known as Crockett Lake Wilderness. (8) Potosi wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Potosi Wilderness. (9) Flint range wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 73,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Flint Range Wilderness. (10) Fred burr wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximate 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Fred Burr Wilderness. (11) Emerine wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 15,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Emerine Wilderness. (12) Fleecer wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 36,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Fleecer Wilderness. (13) Highlands wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 21,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Highlands Wilderness. (14) Basin creek wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 9,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Basin Creek Wilderness. (15) Granulated mountains wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 14,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Granulated Mountains Wilderness. (16) West pioneers wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 230,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the West Pioneers Wilderness. (17) Cattle gulch ridge wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 19,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cattle Gulch Ridge Wilderness. (18) Four eyes canyon wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 8,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Four Eyes Canyon Wilderness. (19) Saginaw creek wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 9,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Saginaw Creek Wilderness. (20) Tash peak wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 53,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Tash Peak Wilderness. (21) Beaver lakes wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Beaver Lakes Wilderness. (22) Little bear creek wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Little Bear Creek Wilderness. (23) Whitetail-haystack wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 73,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Whitetail-Haystack Wilderness. (24) O’neil creek wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the O’Neil Creek Wilderness. (g) Helena National Forest (1) Additions to existing components of national wilderness preservation system (A) Stonewall mountain addition to scapegoat wilderness Certain Federal land within the Helena National Forest comprising approximately 55,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Scapegoat Wilderness. (B) Gates of the mountain wilderness addition –Certain Federal land within the Helena National Forest comprising approximately 20,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Gates of the Mountain Wilderness. (2) New components of national wilderness preservation system (A) Lincoln gulch wilderness Certain Federal land within the Helena National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Lincoln Gulch Wilderness. (B) Anaconda hill wilderness Certain Federal land within the Helena National Forest comprising approximately 20,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Anaconda Hill Wilderness. (C) Specimen creek wilderness Certain Federal land within the Helena National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Specimen Creek Wilderness. (D) Crater mountain wilderness Certain Federal land within the Helena National Forest comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Crater Mountain Wilderness. (E) Ogden mountain wilderness Certain Federal land within the Helena National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Ogden Mountain Wilderness. (F) Nevada mountain wilderness Certain Federal land within the Helena National Forest comprising approximately 54,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Nevada Mountain Wilderness. (G) Elkhorn mountains wilderness Certain Federal land within the Helena National Forest comprising approximately 88,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as Elkhorn Mountains Wilderness. (H) Lazyman Gulch Wilderness Certain Federal land within the Helena National Forest comprising approximately 11,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Lazyman Gulch Wilderness. (I) Big Birch Pond Wilderness Certain Federal land within the Helena National Forest comprising approximately 19,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Big Birch Pond Wilderness. (J) Camas creek wilderness Certain Federal land within the Helena National Forest comprising approximately 27,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Camas Creek Wilderness. (K) Jericho mountain wilderness Certain Federal land within the Helena National Forest comprising approximately 12,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Jericho Mountain Wilderness. (L) Irish gulch wilderness Certain Federal land within the Helena National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Irish Gulch Wilderness. (M) Grassy Mountain Wilderness—Certain Federal land within the Helena National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grassy Mountain Wilderness. (N) Middleman/hedges wilderness Certain Federal land within the Helena National Forest comprising approximately 34,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Middleman/Hedges Wilderness. (O) Hellgate gulch wilderness Certain Federal land within the Helena National Forest comprising approximately 17,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Hellgate Gulch Wilderness. (P) Cayuse mountain wilderness Certain Federal land within the Helena National Forest comprising approximately 22,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cayuse Mountain Wilderness. (h) New components of national wilderness preservation system, gallatin national forest (1) Gallatin range wilderness Certain Federal land within the Gallatin National Forest comprising approximately 221,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Gallatin Range Wilderness. (2) Chico peak wilderness Certain Federal land within the Gallatin National Forest comprising approximately 12,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Chico Peak Wilderness. (3) Madison wilderness Certain Federal land within the Gallatin National Forest comprising approximately 15,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Madison Wilderness. (4) Bangtail wilderness Certain Federal land within the Gallatin National Forest comprising approximately 51,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bangtail Wilderness. (i) Big pryor mountain wilderness, custer national forest Certain Federal land within the Custer National Forest comprising approximately 39,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Big Pryor Mountain Wilderness. (j) Glacier wilderness, glacier national park Certain Federal land within Glacier National Park comprising approximately 925,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Glacier Wilderness. (k) New public land components of national wilderness preservation system (1) Hoodoo mountain wilderness Certain Federal land within the public lands administered by the Missoula Field Office of the Bureau of Land Management comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Hoodoo Mountain Wilderness. (2) Wales creek wilderness Certain Federal lands within the public lands administered by the Missoula Field Office of the Bureau of Land Management comprising approximately 12,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Wales Creek Wilderness. (3) Lower boulder wilderness Certain Federal land administered by the Butte Field Office the Bureau of Land Management comprising approximately 6,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lower Boulder Wilderness. (4) Ruby Range Wilderness Certain Federal land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 27,000 acres, as generally depicted on the map entitled _____ and dated ___________, which shall be known as the Ruby Range Wilderness. (5) Humbug Spires Wilderness Certain Federal land administered by the Butte Field Office of the Bureau of Land Management comprising approximately 12,000 acres, as generally depicted on the map entitled _____ and dated _________, which shall be known as the Humbug Spires Wilderness. (6) Henneberry Ridge Wilderness Certain Federal land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 12,000 acres, as generally depicted on the map entitled _____ and dated ___________, which shall be known as the Henneberry Ridge Wilderness. (7) Black Tail Mountains Wilderness Certain Federal land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 15,000 acres, as generally depicted on the map entitled _____ and dated _________, which shall be known as the Black Tail Mountains Wilderness. (l) Multi-Forest wilderness areas (1) Additions to existing components of national wilderness preservation system (A) Swan front addition to bob marshall wilderness Certain Federal land within the Flathead National Forest and the Lolo National Forest comprising approximately 169,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Bob Marshall Wilderness. (B) Silver king/falls creek addition to scapegoat wilderness Certain Federal land within the Lewis and Clark National Forest and Helena National Forest comprising approximately 42,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Scapegoat Wilderness. (C) Lee metcalf wilderness (i) Cowboys heaven addition Certain Federal land within the Gallatin National Forest and the Beaverhead-Deerlodge National Forest comprising approximately 40,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Lee Metcalf Wilderness. (ii) Additional lee metcalf addition Certain Federal land within the Gallatin National Forest and the Beaverhead-Deerlodge National Forest comprising approximately 143,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Lee Metcalf Wilderness. (D) Anaconda-pintler wilderness addition Certain Federal land within the Bitterroot and Beaverhead-Deerlodge National Forest comprising approximately 194,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Anaconda-Pintler Wilderness. (2) New components of national wilderness preservation system (A) Flathead and kootenai national forests (i) Tuchuck wilderness Certain Federal land within the Flathead National Forest and the Kootenai National Forest comprising approximately 105,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Tuchuck Wilderness. (ii) Le beau wilderness Certain Federal land within the Flathead National Forest and the Kootenai National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Le Beau Wilderness. (B) Kootenai and lolo national forests (i) Cataract peak wilderness Certain Federal land within the Kootenai National Forest and the Lolo National Forest comprising approximately 39,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cataract Peak Wilderness. (ii) Cube iron-silcox wilderness Certain Federal land within the Kootenai National Forest and the Lolo National Forest comprising approximately 39,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cube Iron-Silcox Wilderness. (C) Crazy mountains wilderness, lewis and clark and gallatin national forests Certain Federal land within the Lewis and Clark National Forest and the Gallatin National Forest comprising approximately 159,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Crazy Mountains Wilderness. (D) Silver king wilderness, beaverhead-deerlodge and lolo national forests Certain Federal land within the Lolo and Beaverhead-Deerlodge National Forest comprising approximately 50,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Silver King Wilderness. (E) Stony mountain wilderness, beaverhead-deerlodge, lolo and bitterroot national forests Certain Federal land within the Bitterroot, Lolo and Beaverhead-Deerlodge National Forest comprising approximately 120,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Stony Mountain Wilderness. (F) Electric peak/little blackfoot meadows wilderness, beaverhead-deerlodge and helena national forests Certain Federal land within the Helena and Beaverhead-Deerlodge National Forest comprising approximately 53,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Electric Peak/Little Blackfoot Meadows Wilderness. (m) Wilderness areas consisting of public land and national forest system land (1) Additions to Bob marshall wilderness (A) Choteau mountain/teton high peaks/deep creek addition Certain Federal land within the Lewis and Clark National Forest and land administered by the Lewistown Field Office of the Bureau of Land Management comprising approximately 106,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Bob Marshall Wilderness. (B) Renshaw addition Certain Federal land within the Lewis and Clark National Forest and land administered by the Lewistown Field Office of the Bureau of Land Management comprising approximately 47,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Bob Marshall Wilderness. (2) New components of national wilderness preservation system (A) Big Snowies Wilderness Certain Federal land within the Lewis and Clark National Forest and land administered by the Lewistown Field Office of the Bureau of Land Management comprising approximately 105,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Big Snowies Wilderness. (B) Snowcrest wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest and land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 105,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Snowcrest Wilderness. (C) Axolotl wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest and land administered by the Dillon Field Office of the Bureau of Land Management consisting of approximately 35,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Axolotl Wilderness. (D) Tobacco root mountains wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest and land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 97,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Tobacco Root Mountains Wilderness. (E) Quigg peak wilderness Certain Federal land within the Lolo and Beaverhead-Deerlodge National Forests and land administered by the Missoula Field Office of the Bureau of Land Management comprising approximately 77,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Quigg Peak Wilderness. (F) East pioneers/call mountain wilderness Certain Federal land within the Beaverhead-Deerlodge National Forests and land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 160,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Call Mountain Wilderness. (G) Tendoy mountains wilderness Certain Federal land within the Beaverhead-Deerlodge National Forests and land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 83,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Tendoy Mountains Wilderness. 104. Oregon wilderness designations (a) Wallowa-Whitman national forest (1) Additions to existing components of the national wilderness preservation system (A) Hells canyon wilderness addition Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 264,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Hells Canyon Wilderness. (B) Eagle cap wilderness addition Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 100,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Eagle Cap Wilderness. (C) Twin mountain addition to north fork john day wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 20,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the North Fork John Day Wilderness. (2) New components of national wilderness preservation system (A) Lake fork wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 12,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lake Fork Wilderness. (B) Castle ridge wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Castle Ridge Wilderness. (C) Homestead wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Homestead Wilderness. (D) Mount emily wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Mount Emily Wilderness. (E) Upper grande ronde wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 12,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Upper Grande Ronde Wilderness. (F) Joseph canyon wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 24,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Joseph Canyon Wilderness. (G) Tope creek wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Tope Creek Wilderness. (b) Umatilla national forest (1) Addition to Wenaha-tucannon wilderness Certain Federal land within the Umatilla National Forest comprising approximately 2,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Wenaha-Tucannon Wilderness. (2) New Components of National Wilderness Preservation System (A) Walla walla wilderness Certain Federal land within the Umatilla National Forest comprising approximately 35,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Walla Walla Wilderness. (B) Hellhole wilderness Certain Federal land within the Umatilla National Forest comprising approximately 67,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Hellhole Wilderness. (C) Texas butte wilderness Certain Federal land within the Umatilla National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Texas Butte Wilderness. (D) Skookum wilderness Certain Federal land within the Umatilla National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Skookum Wilderness. (E) Potamus wilderness Certain Federal land within the Umatilla National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Potamus Wilderness. (F) South fork-tower wilderness Certain Federal land within the Umatilla National Forest comprising approximately 16,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the South Fork-Tower Wilderness. (G) Horseshoe ridge wilderness Certain Federal land within the Umatilla National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Horseshoe Ridge Wilderness. (c) Malheur national forest (1) Addition to monument rock wilderness Certain Federal land within the Malheur National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Monument Rock Wilderness. (2) New Components of National Wilderness Preservation System (A) Baldy mountain wilderness Certain Federal land within the Malheur National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Baldy Mountain Wilderness. (B) Dixie butte wilderness Certain Federal land within the Malheur National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Dixie Butte Wilderness. (C) Murderers creek wilderness Certain Federal land within the Malheur National Forest comprising approximately 21,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Murderers Creek Wilderness. (D) Glacier mountain wilderness Certain Federal land within the Malheur National Forest comprising approximately 16,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Glacier Mountain Wilderness. (E) Malheur river wilderness Certain Federal land within the Malheur National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Malheur River Wilderness. (F) Mcclellan mountain wilderness Certain Federal land within the Malheur National Forest comprising approximately 23,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the McClellan Mountain Wilderness. (G) Myrtle-silvies wilderness Certain Federal land within the Malheur National Forest comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Myrtle-Silvies Wilderness. (H) Nipple butte wilderness Certain Federal land within the Malheur National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Nipple Butte Wilderness. (I) West malheur wilderness Certain Federal land within the Malheur National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the West Malheur Wilderness. (J) Shaketable wilderness Certain Federal land within the Malheur National Forest comprising approximately 8,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Shaketable Wilderness. (K) Utley butte wilderness Certain Federal land within the Malheur National Forest comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Utley Butte Wilderness. (d) Multi-Forest wilderness areas (1) Greenhorn mountain addition to north fork john day wilderness Certain Federal land within the Malheur National Forest and the Wallowa-Whitman National Forest comprising approximately 24,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the North Fork John Day Wilderness. (2) Jumpoff joe to north fork john day wilderness Certain Federal land within the Malheur National Forest and the Umatilla National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the North Fork John Day Wilderness. (3) Grand Ronde wilderness Certain Federal land within the Umatilla National Forest and the Wallowa-Whitman National Forest comprising approximately 19,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grande Ronde Wilderness. (4) East john day wilderness Certain Federal land within the Umatilla National Forest and the Wallowa-Whitman National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the East John Day Wilderness. 105. Washington wilderness designations (a) New components of the national wilderness preservation system, colville national forest (1) Abercrombie-hooknose wilderness Certain Federal land within the Colville National Forest comprising approximately 38,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Abercrombie-Hooknose Wilderness. (2) Harvey creek/bunchgrass wilderness Certain Federal land within the Colville National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Harvey Creek/Bunchgrass Wilderness. (3) Quartzite wilderness Certain Federal land within the Colville National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Quartzite Wilderness. (4) Kettle mountains (A) Thirteen mile wilderness Certain Federal land within the Colville National Forest comprising approximately 12,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Thirteen Mile Wilderness. (B) Bald snow wilderness Certain Federal land within the Colville National Forest comprising approximately 20,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bald Snow Wilderness. (C) Copper/kettle wilderness Certain Federal land within the Colville National Forest comprising approximately 81,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Copper/Kettle Wilderness. (D) Huckleberry south wilderness Certain Federal land within the Colville National Forest comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Huckleberry South Wilderness. (E) Cougar mountain wilderness Certain Federal land within the Colville National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cougar Mountain Wilderness. (F) Owl mountain wilderness Certain Federal land within the Colville National Forest comprising approximately 15,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Owl Mountain Wilderness. (G) Deer kettle wilderness Certain Federal land within the Colville National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Deer Kettle Wilderness. (H) Jackknife wilderness Certain Federal land within the Colville National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Jackknife Wilderness. (I) Paradise wilderness Certain Federal land within the Colville National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Paradise Wilderness. (J) Bulldog mountain wilderness Certain Federal land within the Colville National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bulldog Mountain Wilderness. (b) Umatilla national forest (1) Additions to wenaha-tucannon wilderness (A) Upper tucannon addition Certain Federal land within the Umatilla National Forest comprising approximately 13,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Wenaha-Tucannon Wilderness. (B) Meadow creek addition Certain Federal land within the Umatilla National Forest comprising approximately 2,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Wenaha-Tucannon Wilderness. (2) New Components of National Wilderness Preservation System (A) Willow springs wilderness Certain Federal land within the Umatilla National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Willow Springs Wilderness. (B) Asotin creek wilderness Certain Federal land within the Umatilla National Forest comprising approximately 16,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Asotin Creek Wilderness. (C) Spangler wilderness Certain Federal land within the Umatilla National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Spangler Wilderness. (D) Wenatchee creek wilderness Certain Federal land within the Umatilla National Forest comprising approximately 19,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Wenatchee Creek Wilderness. (c) Multi-Forest wilderness areas (1) South fork mountain wilderness Certain Federal land within the Idaho Panhandle National Forest and the Colville National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the South Fork Mountain Wilderness. (2) South fork hungry mountain wilderness Certain Federal land within the Idaho Panhandle National Forest and the Colville National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the South Fork Hungry Mountain Wilderness. (3) Grassy top/hall mountain wilderness Certain Federal land within the Idaho Panhandle National Forest and the Colville National Forest comprising approximately 24,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grassy Top/Hall Mountain Wilderness. 106. Wyoming wilderness designations (a) Bridger-Teton national forest (1) Additions to existing components of national wilderness preservation system (A) Teton corridor trailheads addition to teton wilderness Certain Federal lands within the Bridger-Teton National Forest comprising approximately 24,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Teton Wilderness. (B) Gros ventre wilderness (i) Shoal creek addition Certain Federal land within the Bridger-Teton National Forest comprising approximately 32,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Gros Ventre Wilderness. (ii) Additional gros ventre additions –Certain Federal land within the Bridger Teton National Forest comprising approximately 124,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Gros Ventre Wilderness. (2) New components of national wilderness preservation system (A) Monument ridge wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 18,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Monument Ridge Wilderness. (B) Munger mountain wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Munger Mountain Wilderness. (C) Little sheep mountain wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Little Sheep Mountain Wilderness. (D) Mt. leidy highlands wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 205,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Mt. Leidy Highlands Wilderness. (E) Salt river range wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 245,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Salt River Range Wilderness. (F) Grayback ridge wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 314,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grayback Ridge Wilderness. (G) Commissary ridge wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 143,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Commissary Ridge Wilderness. (H) South wyoming range wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 98,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the South Wyoming Range Wilderness. (I) North mountain wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the North Mountain Wilderness. (J) Grayback ridge east wilderness Certain Federal land within the Bridger-Teton National Forest consisting of approximately 18,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grayback Ridge East Wilderness. (b) Shoshone national forest (1) Additions to existing components of the national wilderness preservation system (A) Bench mark/warm springs addition to fitzpatrick wilderness Certain Federal land within the Shoshone National Forest comprising approximately 15,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Fitzpatrick Wilderness. (B) Popo agie wilderness addition Certain Federal land within the Shoshone National Forest comprising approximately 60,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Popo Agie Wilderness. (2) New components of national wilderness preservation system (A) Bayer mountain wilderness Certain Federal land within the Shoshone National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bayer Mountain Wilderness. (B) Clark fork wilderness –Certain Federal land within the Shoshone National Forest comprising approximately 42,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Clark Fork Wilderness. (C) Fish Lake Mountain Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 7,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the Fish Lake Mountain Wilderness. (D) Little popo agie canyon wilderness Certain Federal land within the Shoshone National Forest comprising approximately 11,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Little Popo Agie Canyon Wilderness. (c) New components of national wilderness preservation system, bighorn national forest (1) Little bighorn wilderness Certain Federal land within the Bighorn National Forest comprising approximately 120,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Little Bighorn Wilderness. (2) Walker prairie wilderness Certain Federal land within the Bighorn National Forest comprising approximately 51,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Walker Prairie Wilderness. (3) Devil’s canyon wilderness Certain Federal land within the Bighorn National Forest comprising approximately 32,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Devil's Canyon Wilderness. (4) Hideout creek wilderness Certain Federal land within the Bighorn National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Hideout Creek Wilderness. (5) Bear rocks wilderness Certain Federal land comprising approximately 25,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bear Rocks Wilderness. (6) Horse creek mesa wilderness Certain Federal land within the Bighorn National Forest comprising approximately 42,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Horse Creek Mesa Wilderness. (7) Petes hole wilderness Certain Federal land within the Bighorn National Forest comprising approximately 20,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Petes Hole Wilderness. (8) Grommund creek wilderness Certain Federal land within the Bighorn National Forest comprising approximately 6,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grommund Creek Wilderness. (9) Hazelton peaks wilderness Certain Federal land within the Bighorn National Forest comprising approximately 9,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Hazelton Peaks Wilderness. (10) Leigh creek wilderness Certain Federal land within the Bighorn National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Leigh Creek Wilderness. (d) New national park component of the national wilderness preservation system –Certain Federal land within the Grand Teton National Park comprising approximately 123,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Grand Teton Wilderness. (e) New public land components of the national wilderness preservation system (1) Alkali Creek wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 17,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Alkali Creek Wilderness. (2) Trapper creek canyon wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 17,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Trapper Creek Canyon Wilderness. (3) North fork powder river wilderness Certain Federal land administered by the Buffalo Field Office of the Bureau of Land Management comprising approximately 15,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the North Fork Powder River Wilderness. (4) Gardner Mountain wilderness Certain Federal land administered by the Buffalo Field Office of the Bureau of Land Management comprising approximately 18,000 acres a as generally depicted on the map entitled _____ and dated ______, which shall be known as the Gardner Mountain Wilderness. (5) Honeycombs wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 53,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Honeycombs Wilderness. (6) Buffalo Creek wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 27,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Buffalo Creek Wilderness. (7) Lysite mountain wilderness Certain Federal land administered by the Worland Lander Field Offices of the Bureau of Land Management comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lysite Mountain Wilderness. (8) Mccullough peaks wilderness Certain Federal land administered by the Cody Field Office of the Bureau of Land Management comprising approximately 38,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the McCullough Peaks Wilderness. (9) Tatman mountain wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 25,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Tatman Mountain Wilderness. (10) Fivemile creek wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 24,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Tatman Mountain Wilderness. (11) Bobcat draw badlands wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 30,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Bobcat Draw Wilderness. (12) Cedar bighorn wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 39,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Cedar Bighorn Wilderness. (13) Copper mountain wilderness Certain Federal land administered by the Lander Field Office of the Bureau of Land Management comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Copper Mountain Wilderness. (14) Fuller peak wilderness Certain Federal land administered by the Lander Field Office of the Bureau of Land Management comprising approximately 10,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Fuller Peak Wilderness. (15) Lysite badlands wilderness Certain Federal land administered by the Lander Field Office of the Bureau of Land Management comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lysite Badlands Wilderness. (f) Wilderness areas consisting of public land and national forest system land (1) Additions to existing components of national wilderness preservation system (A) Washakie wilderness addition Certain Federal land with the Shoshone National Forest and land administered by Lander Field Office of the Bureau of Land Management comprising approximately 339,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Washakie Wilderness. (B) Fitzpatrick wilderness addition Certain Federal land within the Shoshone National Forest and land administered by the Lander Field Office of the Bureau of Land Management comprising approximately 14,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Fitzpatrick Wilderness. (C) Bridger wilderness addition Certain Federal land within the Bridger-Teton National Forest and land administered by the Pinedale Field Office of the Bureau of Land Management comprising approximately 230,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Bridger Wilderness. (D) Cloud peak wilderness addition Certain Federal land within the Bighorn National Forest and land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 203,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Cloud Peak Wilderness. (2) New components of national wilderness preservation system — (A) Lake mountain wilderness Certain Federal land within the Bridger-Teton National Forest and land administered by the Pinedale Field Office of the Bureau of Land Management comprising approximately 17,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lake Mountain Wilderness. (B) Medicine lodge wilderness Certain Federal land within the Bighorn National Forest and land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 23,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Medicine Lodge Wilderness. 107. Wilderness designations involving multiple States (a) Wilderness designations involving multiple forest units in multiple states (1) Additions to existing components of national wilderness preservation system (A) Jedediah smith wilderness addition, bridger-teton and caribou-targhee national forests, wy/id Certain Federal lands within the Bridger-Teton and Caribou-Targhee National Forest comprising approximately 51,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Jedediah Smith Wilderness. (B) Absaroka-beartooth wilderness addition, gallatin, custer, and shoshone national forests, mt/wy Certain Federal lands within the Gallatin National Forest, the Custer National Forest and the Shoshone National Forest comprising approximately 265,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Absaroka-Beartooth Wilderness. (C) North absaroka wilderness addition, shoshone and gallatin nationals forest, mt/wy Certain Federal land within the Shoshone National Forest and the Gallatin National Forest comprising approximately 173,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the North Absaroka Wilderness. (D) Frank church river of no return wilderness addition, salmon-challis and bitterroot national forests, id/mt Certain Federal land within the Salmon-Challis National Forest and the Bitterroot National Forest comprising approximately 70,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Frank Church-River of No Return Wilderness. (E) Lolo creek addition to selway-bitterroot wilderness, clearwater and lolo national forests, id/mt Certain Federal land within the Clearwater National Forest and the Lolo National Forest comprising approximately 18,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Selway-Bitterroot Wilderness. (F) Salmo-priest wilderness addition, idaho panhandle and colville national forests, id/wa Certain Federal land within the Idaho Panhandle National Forest and the Colville National Forest comprising approximately 47,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Salmo-Priest Wilderness. (G) Selway-bitterroot wilderness addition, bitteroot and nez-perce national forests, id/mt -Certain Federal land within the Bitterroot National Forest and the Nez-Perce National Forest comprising approximately 123,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Selway-Bitterroot Wilderness. (2) New components of the national wilderness preservation system (A) Lionhead wilderness, caribou-targhee and gallatin national forests, id/wy/mt Certain Federal land within the Gallatin National Forest and the Caribou-Targhee National Forest comprising approximately 48,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lionhead Wilderness. (B) Deep lake wilderness, custer and shoshone national forests, mt/wy Certain Federal land within the Custer National Forest and the Shoshone National Forest comprising approximately 90,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Deep Lake Wilderness. (C) Palisades wilderness, bridger-teton and caribou-targhee national forests, id/wy Certain Federal land within the Bridger-Teton National Forest and the Caribou-Targhee National Forest comprising approximately 224,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Palisades Wilderness. (D) Kootenai and idaho panhandle national forests, id/mt (i) Scotchman’s peak wilderness Certain Federal land within the Kootenai National Forest and the Idaho Panhandle National Forest comprising approximately 88,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Scotchman’s Peak Wilderness. (ii) Buckhorn ridge wilderness Certain Federal land within the Kootenai National Forest and the Idaho Panhandle National Forest comprising approximately 36,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Buckhorn Ridge Wilderness. (iii) Lake estelle roberts wilderness Certain Federal land within the Idaho Panhandle National Forest and the Kootenai National Forest comprising approximately 79,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lake Estelle Roberts Wilderness. (iv) Trestle peak wilderness Certain Federal land within the Idaho Panhandle National Forest and the Kootenai National Forest comprising approximately 7,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Trestle Peak Wilderness. (v) Trout creek wilderness Certain Federal land within the Idaho Panhandle and Kootenai National Forests comprising approximately 39,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Trout Creek Wilderness. (vi) Storm creek wilderness Certain Federal land within the Idaho Panhandle and Kootenai National Forest comprising approximately 8,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Storm Creek Wilderness. (E) Beaverhead-deerlodge and salmon-challis national forests, id/mt — (i) Anderson mountain wilderness Certain Federal land within the Beaverhead-Deerlodge and Salmon-Challis National Forest comprising approximately 49,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Anderson Mountain Wilderness. (ii) West big hole wilderness Certain Federal land within the Beaverhead-Deerlodge and Salmon-Challis National Forest comprising approximately 210,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the West Big Hole Wilderness. (iii) Goat mountain wilderness Certain Federal land within the Beaverhead-Deerlodge and Salmon-Challis National Forest comprising approximately 45,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Goat Mountain Wilderness. (F) Beaverhead-deerlodge and caribou-targhee, national forests, id/mt/wy (i) Garfield mountain wilderness Certain Federal land within the Beaverhead-Deerlodge and Caribou-Targhee National Forest comprising approximately 92,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Garfield Mountain Wilderness. (ii) Freezeout wilderness Certain Federal land within the Caribou-Targhee and Beaverhead-Deerlodge National Forests comprising approximately 37,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Freezeout Wilderness. (G) Maple peak wilderness, idaho panhandle, lolo, and kootenai national forests, id/mt Certain Federal land within the Lolo, Idaho Panhandle, and Kootenai National Forests comprising approximately 19,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Maple Peak Wilderness. (H) Idaho panhandle and lolo national forests, id/mt — (i) Wonderful peak wilderness Certain Federal land within the Idaho Panhandle and Lolo National Forest comprising approximately 6,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Wonderful Peak Wilderness. (ii) Stevens peak wilderness Certain Federal land within the Idaho Panhandle and Lolo National Forest comprising approximately 5,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Stevens Peak Wilderness. (iii) Sheep mountain/state line wilderness Certain Federal land within the Clearwater National Forest, the Idaho Panhandle National Forest, and the Lolo National Forest comprising approximately 68,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Sheep Mountain/State Line Wilderness. (I) Allan mountain wilderness, bitterroot and salmon-challis national forests, id/mt Certain Federal land within the Bitterroot and Salmon-Challis National Forest comprising approximately 151,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Allan Mountain Wilderness. (J) Upper north fork wilderness, clearwater, idaho panhandle, and lolo national forests, id/mt Certain Federal land within the Clearwater National Forest, the Idaho Panhandle National Forest, and the Lolo National Forest comprising approximately 62,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Upper North Fork Wilderness. (K) Great burn (hoodoo) wilderness, clearwater and lolo national forests, id/mt Certain Federal land within the Clearwater National Forest and the Lolo National Forest comprising approximately 255,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Great Burn (Hoodoo) Wilderness. (b) Wilderness designations involving multiple forest units and public lands in multiple states (1) Raymond mountain wilderness, bridger-teton and caribou-targhee national forests and public land, id/wy Certain Federal land within the Bridger-Teton National Forest, the Caribou-Targhee National Forest and land administered by the Kemmerer Field Office the Bureau of Land Management comprising approximately 135,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Raymond Mountain Wilderness. (2) Italian peaks wilderness, beaverhead-deerlodge, salmon-challis, and caribou-targhee national forests and public land, id/mt Certain Federal land within the Beaverhead-Deerlodge, Salmon-Challis, and Caribou-Targhee National Forest and land administered by the Salmon Field Office the Bureau of Land Management comprising approximately 305,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Italian Peaks Wilderness. (3) Centennials wilderness, beaverhead-deerlodge and caribou-targhee national forest and public land, id/mt Certain Federal land within the Caribou-Targhee and Beaverhead-Deerlodge National Forests and land administered by the Dillon Field Office the Bureau of Land Management comprising approximately 88,000 acres, as generally depicted on the map entitled _____ and dated ______, which shall be known as the Centennials Wilderness. (4) Lost water canyon wilderness, custer national forest), bighorn nra, and public land, mt/wy Certain Federal land within the Custer National Forest, the Bighorn National Recreation Area, and land administered by the Billings Field Office the Bureau of Land Management comprising approximately 63,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Lost Water Canyon Wilderness. (c) Wilderness designations involving single forest unit in multiple states (1) Winegar hole wilderness addition, caribou-targhee national forest, id/wy Certain Federal land within the Caribou-Targhee National Forest comprising approximately 5,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be added to and administered as part of the Winegar Hole Wilderness. (2) New components of national wilderness preservation system (A) West Fork Elk Wilderness, Kootenai National Forest ID/MT Certain Federal land within the Kootenai National Forest comprising approximately 5,000 acres, as generally depicted on the map entitled _____ and dated _____, which shall be known as the West Fork Elk Wilderness. (B) Stump creek wilderness, caribou-targhee national forest, id/wy Certain Federal land within the Caribou-Targhee National Forest comprising approximately 97,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Stump Creek Wilderness. (d) New national park component of the national wilderness preservation Certain Federal land within Yellowstone National Park comprising approximately 2,033,000 acres as generally depicted on the map entitled _____ and dated ______, which shall be known as the Yellowstone Wilderness. B Administration 121. Management generally Subject to valid existing rights, land designated as wilderness by this title shall be administered in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) by the Secretary concerned, except that— (1) any reference in the Wilderness Act to the effective date of the Wilderness Act or any similar reference shall be deemed to be a reference to the date of the enactment of this Act; (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to Secretary concerned; and (3) the Secretaries shall, to the greatest extent possible, coordinate the management of those wilderness areas containing land administered by more than one Federal land management agency. 122. Maps and legal description (a) In general As soon as practicable after the date of the enactment of this Act, the Secretary concerned shall file a map and legal description of the land designated as wilderness by this title with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect Each map and legal description shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct clerical and typographical errors in the maps and legal descriptions. (c) Public availability Each map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service, the Office of the Director of the Bureau of Land Management, or the Office of the Director of the National Park Service, as appropriate. 123. Withdrawal Subject to valid existing rights in existence on the date of enactment of this Act, land designated as wilderness by this title is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. 124. Water rights Nothing in this title may be construed as a relinquishment or reduction of any water rights reserved, appropriated, or otherwise secured by the United States in the State of Idaho, Montana, Wyoming, Oregon, or Washington on or before the date of enactment of this Act. 125. Indian tribes Nothing in this title may be construed to affect or modify any treaty or other right of an Indian tribe. 126. Buffer zones The fact that activities or uses inconsistent with the Wilderness Act can be seen or heard from land designated as wilderness by this title shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area. 127. Fish and wildlife (a) State jurisdiction or responsibilities In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this title shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to the wildlife and fish on National Forest System land and public land designated as wilderness by this title. (b) Wildlife management activities In accordance with section 4(b) of the Wilderness Act ( 16 U.S.C. 1133(b) ), all wildlife management activities conducted on land designated as wilderness by this title shall be conducted in a manner so as to preserve the wilderness character of the area, and all such activities shall further be conducted in accordance with section 4(c) of such Act ( 16 U.S.C. 1133(c) ). 128. Fire, insects, and disease In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), and on land designated as wilderness by this title, the Secretary concerned may take such measures as are necessary to control fire, insects, and disease, subject to such terms and conditions as the Secretary concerned determines to be desirable and appropriate. In implementing this section, and consistent with section 4(d)(1) of the Wilderness Act, the Secretary concerned shall consider the essential role of fire, insects, and disease in maintaining healthy, functioning wilderness ecosystems and as part of the wilderness character of the area. 129. Grazing For National Forest System land and public land designated as wilderness by this Act, grazing shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth in House Report 96–617 to accompany H.R. 5487 of the 96th Congress, except as follows: (1) The Secretary concerned shall accept the donation of any valid existing permits or leases authorizing grazing on public land, all or a portion of which is within a wilderness area designated by this Act. (2) With respect to each permit or lease donated under paragraph (1), the Secretary concerned shall permanently terminate the grazing permit or lease, if donated in full, or permanently reduce the authorized grazing level to reflect the amount of the donation, if donated in part. 130. Private land In accordance with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ), in any case where State-owned or privately owned land is completely surrounded by National Forest System land or public land designated as wilderness by this title, such State or private owner shall be given such rights as may be necessary to assure adequate access to such State-owned or privately owned land by such State or private owner and their successors in interest, or the State-owned land or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities available to the Secretary concerned, except that the United States shall not transfer to a State or private owner any mineral interests unless the State or private owner relinquishes or causes to be relinquished to the United States the mineral interests in the surrounded land. II Wildlife Corridors 201. Definitions In this title: (1) Geospatial interoperability framework The term Geospatial Interoperability Framework means the strategy utilized by the National Biological Information Infrastructure that is based upon accepted standards, specifications, and protocols adopted through the International Standards Organization, the Open Geospatial Consortium, and the Federal Geographic Data Committee, to manage, archive, integrate, analyze, and make accessible geospatial and biological data and metadata. (2) Program The term program means the Northern Rockies Fish and Wildlife Habitat and Corridors Information Program established by the Secretary. (3) Secretary The term Secretary means the Secretary of the Interior. (4) System The term system means the Northern Rockies Habitat and Corridors Information System developed by the Secretary. 202. Northern Rockies Wildlife Habitat and Corridors Information Program (a) Establishment Not later than six months after the date of enactment of this Act, the Secretary shall establish a Northern Rockies Fish and Wildlife Habitat and Corridors Information Program. (b) Purpose The purpose of the program is to— (1) support States and Indian tribes in the development of a regional information system database of fish and wildlife habitat and corridors that would inform planning and development decisions within the States of Idaho, Montana, Oregon, Washington, and Wyoming, enabling each State to model climate impacts and adaptation, and provide geographically specific enhancements of State wildlife action plans; (2) ensure the collaborative development, with the States and Indian tribes, of a comprehensive, regional geographic information system database of maps, models, data, surveys, informational products, and other geospatial information regarding fish and wildlife habitat and corridors, that— (A) is based on consistent protocols for sampling and mapping across landscapes that take into account regional differences; and (B) that utilizes— (i) existing and planned State- and tribal-based geographic information system databases; and (ii) existing databases, analytical tools, metadata activities, and other information products available through the National Biological Information Infrastructure maintained by the Secretary and nongovernmental organizations; and (3) facilitate the use of such databases by Federal, State, local, and tribal decision makers to incorporate qualitative information on fish and wildlife habitat and corridors at the earliest possible stage to— (A) prioritize and target natural resources adaptation strategies and activities; (B) avoid, minimize, and mitigate the impacts on fish and wildlife habitat and corridors in siting energy development, water, transmission, transportation, and other land use projects; (C) assess the impacts of existing development on habitats and corridors; and (D) develop management strategies to enhance the ability of fish, wildlife, and plant species to migrate or respond to shifting habitats within existing habitats and corridors. 203. Northern Rockies Habitat and Corridors Information System (a) Development The Secretary shall develop a Northern Rockies Habitat and Corridors Information System. (b) Contents The system shall— (1) include maps, data, and descriptions of fish and wildlife habitat and corridors in the States of Idaho, Montana, Oregon, Washington, and Wyoming, that— (A) have been developed by Federal agencies, State wildlife agencies and natural heritage programs, Indian tribes, local governments, nongovernmental organizations, and industry; and (B) meet accepted Geospatial Interoperability Framework data and metadata protocols and standards; (2) include maps and descriptions of projected shifts in habitats and corridors of fish and wildlife species in response to climate change; (3) assure data quality and make the data, models, and analyses included in the System available at scales useful to decisionmakers— (A) to prioritize and target natural resources adaptation strategies and activities; (B) to assess the impacts of proposed energy development, water, transmission, transportation, and other land use projects and avoid, minimize, and mitigate those impacts on habitats and corridors; (C) to assess the impacts of existing development on habitats and corridors; and (D) to develop management strategies to enhance the ability of fish, wildlife, and plant species to migrate or respond to shifting habitats within existing habitats and corridors across the States of Idaho, Montana, Oregon, Washington, and Wyoming; (4) establish a process for updating maps and other information as landscapes, habitats, corridors, and wildlife populations change or as other information becomes available; (5) encourage the development of collaborative plans by Federal and State agencies and Indian tribes to monitor and evaluate the efficacy of the System to meet the needs of decisionmakers; (6) identify gaps in habitat and corridor information, mapping, and research that should be addressed to fully understand assess current data and metadata, and to prioritize research and future data collection activities for use in updating the System and provide support for those activities; (7) include mechanisms to support collaborative research, mapping, and planning of habitats and corridors by Federal and State agencies, Indian tribes, and other interested stakeholders; (8) incorporate biological and geospatial data on species and corridors found in energy development and transmission plans, including renewable energy initiatives, transportation, and other land use plans; (9) be based on the best scientific information available; and (10) identify, prioritize, and describe key parcels of non-Federal land located within the boundaries of units of the National Park System, National Wildlife Refuge System, National Forest System, or National Grassland System that are critical to maintenance of wildlife habitat and migration corridors. (c) Financial and Other Support The Secretary may provide support, including financial and technical assistance, to the States of Idaho, Montana, Oregon, Washington, and Wyoming and Indian tribes in such States for activities that support the development and implementation of the system. (d) Coordination The Secretary shall make recommendations on how the information developed in the system may be incorporated into existing relevant State and Federal plans affecting fish and wildlife, including land management plans, the State Comprehensive Wildlife Conservation Strategies, and appropriate tribal conservation plans, to ensure that they— (1) prevent unnecessary habitat fragmentation and disruption of corridors; (2) promote the landscape connectivity necessary to allow wildlife to move as necessary to meet biological needs, adjust to shifts in habitat, and adapt to climate change; and (3) minimize the impacts of energy, development, water, transportation, and transmission projects and other activities expected to impact habitat and corridors. 204. Cooperation The Secretary shall establish the program, develop the system, and otherwise carry out this title in cooperation with the Secretary of Agriculture, the States of Idaho, Montana, Oregon, Washington, and Wyoming, and Indian tribes in such States. III Additional provisions regarding Indian tribes 301. Federal trust responsibility Nothing in this Act is intended to amend, alter, or give priority over the Federal trust responsibility to Indian tribes. 302. Exemption from Freedom of Information Act If a Federal department or agency receives any information related to sacred sites or cultural activities identified by an Indian tribe as confidential, such information shall be exempt from disclosure under section 552 of title 5, United States Code, popularly known as the Freedom of Information Act (5 U.S.C. 552). 303. Application of Indian Self-Determination and Education Assistance Act The Secretary of the Interior may apply the provisions of Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.; Public Law 93–638 ) when appropriate in the implementation of this Act. IV Wild and Scenic Rivers Designations 401. Designation of wild and scenic rivers in Idaho, Montana, and Wyoming Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: ( ) South Fork Payette, Idaho The segment within the Boise and Sawtooth National Forests from the Sawtooth Wilderness Boundary downstream approximately 54 miles to the confluence with the Middle Fork and then downstream on the main stem to the confluence with the North Fork, which shall be administered by the Secretary of Agriculture. ( ) Middle Fork Payette, Idaho The segment within the Boise National Forest from the Railroad Pass downstream approximately 33 miles to the national forest boundary, which shall be administered by the Secretary of Agriculture. ( ) Deadwood, Idaho The segment within the Boise National Forest from Three-mile Creek downstream approximately 22 miles to the South Fork of the Payette, which shall be administered by the Secretary of Agriculture. ( ) Upper Priest, Idaho The segment within the Panhandle National Forest from the Canadian border downstream approximately 19 miles to Upper Priest Lake, which shall be administered by the Secretary of Agriculture. ( ) Coeur d’Alene, Idaho The segment within the Panhandle National Forest from the headwaters downstream approximately 58 miles to the national forest boundary, which shall be administered by the Secretary of Agriculture. ( ) Little North Fork Clearwater, Idaho The segment within the Panhandle National Forest from the headwaters downstream approximately 37 miles to the National Forest boundary, which shall be administered by the Secretary of Agriculture. ( ) Kelly Creek, Idaho The segment within the Clearwater National Forest from its headwaters downstream approximately 31 miles to the North Fork of the Clearwater River, which shall be administered by the Secretary of Agriculture. ( ) Cayuse Creek, Idaho The segment within the Clearwater National Forest from its headwaters downstream approximately 39 miles to the confluence of Kelly Creek, which shall be administered by the Secretary of Agriculture. ( ) Bargamin Creek, Idaho The segment within the Nez Perce National Forest, comprising approximately 21 miles, which shall be administered by the Secretary of Agriculture. ( ) Lake Creek, Idaho The segment within the Nez Perce National Forest from the wilderness boundary downstream approximately 10 miles to Crooked Creek, which shall be administered by the Secretary of Agriculture. ( ) Meadow Creek, Idaho The segment within the Nez Perce National Forest from its headwaters downstream approximately 34 miles to its confluence with the Selway River, which shall be administered by the Secretary of Agriculture. ( ) Running Creek, Idaho The segment within the Nez Perce National Forest from its headwaters downstream approximately 20 miles to its confluence with the Selway River, which shall be administered by the Secretary of Agriculture. ( ) Salmon, Idaho (A) Vinegar Creek The segment within the Nez Perce and Payette National Forests from Vinegar Creek downstream approximately 25 miles to the Little Salmon River, which shall be administered by the Secretary of Agriculture. (B) Salmon The segment on public lands managed by the Bureau of Land Management from Hammer Creek downstream approximately 45 miles to the confluence with the Snake River, which shall be administered by the Secretary of the Interior. (C) Salmon The segment on public lands within the Sawtooth National Recreation Area from its headwaters downstream approximately 60 miles to the receation area boundary, which shall be administered by the Secretary of Agriculture. ( ) East Fork Salmon, Idaho The segment within the Sawtooth National Recreation Area from the headwaters downstream approximately 42 miles to the recreation area boundary, which shall be administered by the Secretary of Agriculture. ( ) North Fork Clearwater, Idaho The segment within the Clearwater National Forest from the headwaters downstream to the Dworshak Reservoir, which shall be administered by the Secretary of Agriculture. ( ) North Fork Coeur d’Alene, Idaho The segment within the Panhandle National Forest from its headwaters south of Honey Mountain downstream to its confluence with the Coeur d’Alene River, which shall be administered by the Secretary of Agriculture. ( ) Pack, Idaho The segment within the Panhandle National Forest from Harrison Lake downstream approximately 14 miles to the National Forest boundary, which shall be administered by the Secretary of Agriculture. ( ) Henry’s Fork, Idaho The segment within the Targhee National Forest from Big Springs downstream to the national forest boundary, except for Island Park Reservoir, which shall be administered by the Secretary of Agriculture. ( ) Falls River, Idaho The segment within the Caribou-Targhee National Forest from Yellowstone National Park downstream approximately 13 miles to the National Forest boundary, which shall be administered by the Secretary of Agriculture. ( ) Lochsa River Watershed, Idaho The segment within the Clearwater National Forest of the Lochsa River from the confluence of Colt Killed Creek and Crooked Fork downstream approximately 2 miles to the beginning of the Loschsa Recreational River, which shall be administered by the Secretary of Agriculture. ( ) Colt Killed Creek, Idaho The segment within the Clearwater National Forest from its headwaters at Big Sand Lake downstream approximately 23 miles to its confluence with Crooked Fork, which shall be administered by the Secretary of Agriculture. ( ) Moose Creek Complex, Idaho The main segment, including the North Fork segment, the East Fork segment, the West Moose segment, and the Rhoda Creek segment comprising approximately 86 miles within the Nez Perce National Forest, which shall be administered by the Secretary of Agriculture. ( ) Bear Creek Complex, Idaho The Bear Creek segment, the Club Creek segment, the Paradise Creek segment, the Brushy Fork Creek segment, and the Wahoo Creek segment comprising approximately 70 miles within the Nez Perce National Forest, which shall be administered by the Secretary of Agriculture. ( ) Three Links Creek Complex, Idaho The Three Links Creek segment and the West Fork Three Links Creek segment comprising approximately 23 miles within the Nez Perce National Forest, which shall be administered by the Secretary of Agriculture. ( ) Gedney Creek, Idaho The segment within the Nez Perce National Forest from its headwaters downstream approximately 14.5 to the confluence the Selway River, which shall be administered by the Secretary of Agriculture. ( ) South Fork Clearwater, Idaho The segment within the Nez Perce National Perce National Forest from the confluence of the Red and American Rivers downstream approximately 40 miles to the forest boundary, which shall be administered by the Secretary of Agriculture. ( ) Johns Creek, Idaho The segment within the Nez Perce National Forest from the headwaters downstream to its confluence with the South Fork Clearwater, which shall be administered by the Secretary of Agriculture. ( ) Slate Creek, Idaho The segment within the Nez Perce National Forest from the headwaters downstream approximately 15 miles to the forest boundary, which shall be administered by the Secretary of Agriculture. ( ) South Fork Two Medicine River, Montana The segment within the Lewis and Clark National Forest from its headwaters downstream approximately 10 miles to the Sawmill Flat Trailhead, which shall be administered by the Secretary of Agriculture. ( ) Badger Creek, Montana The segment within the Lewis and Clark National Forest from its headwaters downstream approximately 24 miles to the national forest boundary, which shall be administered by the Secretary of Agriculture. ( ) Dearborn, Montana The segment within the Lewis and Clark National Forest downstream approximately 18 miles to the national forest boundary, which shall be administered by the Secretary of Agriculture. ( ) North Fork Birch Creek, Montana The segment within the Lewis and Clark National Forest from its headwaters downstream approximately 7 miles to the forest boundary, which shall be administered by the Secretary of Agriculture. ( ) South Fork Sun, Montana The segment within the Lewis and Clark National Forest from its headwaters at Sun Lake downstream approximately 26 miles to its confluence with the North Fork, which shall be administered by the Secretary of Agriculture. ( ) North Fork Sun, Montana The segment within the Lewis and Clark National Forest from the confluence of Open Creek and Fool creek downstream approximately 27 miles to the confluence of the South Fork, which shall be administered by the Secretary of Agriculture. ( ) Tenderfoot Creek, Montana The segment within the Lewis and Clark National Forest from the top of the Tenderfoot Creek Falls downstream approximately 5 miles to the Smith River, which shall be administered by the Secretary of Agriculture. ( ) Green Fork Straight Creek, Montana The segment within the Lewis and Clark National Forest from its headwaters downstream approximately 5 miles to Straight Creek, which shall be administered by the Secretary of Agriculture. ( ) Yaak River, Montana The segment within the Kootenai National Forest from the Yaak Falls downstream 46 miles to the mouth of the Yaak River at the junction of the Kootenai River, which shall be administered by the Secretary of Agriculture. ( ) Kootenai River, Montana The segment within the Kootenai National Forest from the junction of the Fisher River downstream approximately 46 miles to the state line, which shall be administered by the Secretary of Agriculture. ( ) Bull River, Montana The segment within the Kootenai National Forest from the junction of the North and South Forks downstream 21 miles to the Cabinet Gorge Reservoir, which shall be administered by the Secretary of Agriculture. ( ) Vermillion River, Montana The segment within the Kootenai National Forest from the junction of Willow Creek downstream approximately 12 miles to the Noxon Reservoir, which shall be administered by the Secretary of Agriculture. ( ) West Fork Madison, Montana The segment within the Beaverhead-Deerlodge National Forest from the midpoint of Section 28, R. 2 W., T. 12 S., downstream approximately 21 miles to the West Fork Rest Area, which shall be administered by the Secretary of Agriculture. ( ) Elk River, Montana The segment within the Beaverhead-Deerlodge National Forest in the southeast corner of Section 16, R. 2 W., T. 11 S., downstream approximately 17 miles to the confluence with the West Fork of the Madison River, which shall be administered by the Secretary of Agriculture. ( ) Browns Creek, Montana The segment within the Beaverhead-Deerlodge National Forest from the west central part of Section 1, R. 14 W., T. 8 S., downstream approximately 4 miles to the forest boundary, which shall be administered by the Secretary of Agriculture. ( ) Canyon Creek, Montana The segment within the Beaverhead-Deerlodge National Forest from Canyon Lake downstream approximately 4 miles to the end of USFS road 7401, which shall be administered by the Secretary of Agriculture. ( ) Deadman Creek, Montana The segment within the Beaverhead-Deerlodge National Forest from its headwaters downstream approximately 10 miles to the forest boundary, which shall be administered by the Secretary of Agriculture. ( ) Smith River, Montana The segment within the Lewis and Clark National Forest from Tenderfoot Creek downstream approximately 12 miles to Deep Creek, which shall be administered by the Secretary of Agriculture. ( ) Middle Fork Judith River, Montana The segment within the Lewis and Clark National Forest from Arch Coulee Junction downstream approximately 5 miles to the national forest boundary, which shall be administered by the Secretary of Agriculture. ( ) Rock Creek Watershed, Montana The segments within the Lolo and Beaverhead-Deerlodge National Forests including the main fork of Rock Creek, the West Fork of Rock Creek, the East Fork of Rock Creek, the Ross Fork of Rock Creek, the Middle Fork of Rock Creek, the Carpp Creek segment, the Copper Creek segment, the Ranch Creek segment, the Welcome Creek segment, the Alder Creek segment, the Hogback Creek segment, the Wyman Gulch segment, the Stony Creek segment, the West Fork segment, and the Ross Fork segment, comprising approximately 134 miles, which shall be administered by the Secretary of Agriculture. ( ) Salt River, Wyoming The segment within the Bridger-Teton National Forest from the headwaters downstream approximately 12 miles to forest road 10072, which shall be administered by the Secretary of Agriculture. ( ) Swift Creek, Wyoming The segment within the Bridger-Teton National Forest from the headwaters downstream approximately 8 miles to Periodic Spring, which shall be administered by the Secretary of Agriculture. ( ) Hoback River, Wyoming The segment within the Bridger-Teton National Forest from the headwaters downstream approximately 10 miles to the end of forest road 30710, which shall be administered by the Secretary of Agriculture. ( ) Thorofare, Wyoming The segment of the main stem within the Bridger-Teton National Forest from the headwaters downstream approximately 25 miles to the confluence with the Yellowstone River, and the headwaters of Open Creek downstream 10 miles to the confluence with the main stem, which shall be administered by the Secretary of Agriculture. ( ) Atlantic Creek, Wyoming The segment within the Bridger-Teton National Forest from the Parting of the Waters downstream approximately 10 miles to the confluence with the Yellowstone River, which shall be administered by the Secretary of Agriculture. ( ) Yellowstone, Wyoming The segment within the Bridger-Teton National Forest from the headwaters downstream approximately 28 miles to the boundary of Yellowstone National Park, which shall be administered by the Secretary of Agriculture. ( ) Yellowstone River, Wyoming and Montana The segment within the Gallatin National Forest and Yellowstone National Park from the southern boundary of Yellowstone National Park downstream approximately 102 miles to the mouth of Yankee Jim canyon, which shall be administered by the Secretaries of the Interior and Agriculture. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1187ih/xml/BILLS-113hr1187ih.xml

113-hr-1188

I 113th CONGRESS 1st Session H. R. 1188 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Marino (for himself and Ms. Chu ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To ensure and foster continued safety and quality of care and a competitive marketplace by exempting independent pharmacies from the antitrust laws in their negotiations with health plans and health insurance insurers. 1. Short title This Act may be cited as the Preserving Our Hometown Independent Pharmacies Act of 2013 . 2. Application of the antitrust laws to independent pharmacies negotiating with health plans (a) In general Any independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, only in connection with such negotiations, be treated under the antitrust laws as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor. (b) Protection for good faith actions Actions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred. (c) No change in National Labor Relations Act Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (d) Effective date The exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act. (e) Limitations on exemption Nothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that— (1) would have the effect of boycotting any independent pharmacy or group of independent pharmacies, or would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by, any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within the scope of practice as defined or permitted by relevant law or regulation; (2) allocates a market among competitors; (3) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (4) monopolizes or attempts to monopolize a market. (f) Limitation based on market share of group This section shall not apply with respect to the negotiations of any group of independent pharmacies with a health plan regarding the terms of any contract under which such pharmacies provide health care items or services for which benefits are provided under such plan in a PDP region (as defined in subsection (j)(4)) if the number of pharmacy licenses of such pharmacies within such group in such region exceeds 25 percent of the total number of pharmacy licenses issued to all retail pharmacies (including both independent and other pharmacies) in such region. (g) No effect on title VI of Civil Rights Act of 1964 Nothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964 . (h) No application to specified Federal programs Nothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (2) The State Children’s Health Insurance Program (SHIP) under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans’ medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees’ health benefits program). (6) The Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ). (7) Part C or D of title XVIII of the Social Security Act. (i) Definitions For purposes of this section: (1) Antitrust laws The term antitrust laws — (A) has the meaning given it in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms (A) In general The term health plan — (i) means a group health plan or a health insurance issuer that is offering health insurance coverage; (ii) includes any entity that contracts with such a plan or issuer for the administering of services under the plan or coverage; and (iii) does not include a Medicare Advantage plan offered under part C of title XVIII of the Social Security Act or a prescription drug plan offered under part D of such title. (B) Health insurance coverage; health insurance issuer The terms health insurance coverage and health insurance issuer have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b(b) ). (C) Group health plan The term group health plan has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b(a)(1) ). (3) Independent pharmacy The term independent pharmacy means a pharmacy that has a market share of— (A) less than 10 percent in any PDP region; and (B) less than 1 percent in the United States. For purposes of the preceding sentence, all pharmacies that are members of the same controlled group of corporations (within the meaning of section 267(f) of the Internal Revenue Code of 1986) and all pharmacies under common control (within the meaning of section 52(b) of such Code but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 pharmacy. (4) PDP region The term PDP region has the meaning given such term in section 1860D–11(a)(2) of the Social Security Act ( 42 U.S.C. 1395w–111(a)(2) ). (j) 5-Year sunset The exemption provided in subsection (a) shall only apply to conduct occurring during the 5-year period beginning on the date of the enactment of this Act and shall continue to apply for 1 year after the end of such period to contracts entered into before the end of such period. (k) General accountability office study and report The Comptroller General of the United States shall conduct a study on the impact of enactment of this section during the 6-month period beginning with the 5th year of the 5-year period described in subsection (j). Not later than the end of such 6-month period, the Comptroller General shall submit to Congress a report on such study and shall include in the report such recommendations on the extension of this section (and changes that should be made in making such extension) as the Comptroller General deems appropriate. (l) Oversight Nothing in this section shall preclude the Federal Trade Commission or the Department of Justice from overseeing the conduct of independent pharmacies covered under this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1188ih/xml/BILLS-113hr1188ih.xml

113-hr-1189

I 113th CONGRESS 1st Session H. R. 1189 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Markey (for himself and Mr. Holt ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Natural Gas Act with respect to the exportation of natural gas, and for other purposes. 1. Short title This Act may be cited as the American Natural Gas Security and Consumer Protection Act . 2. Authorization for the Exportation of Natural Gas Section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) is amended— (1) by inserting before After six months from the date on which the following: (1) Authorization for the Importation of Natural Gas .— ; (2) by striking export any natural gas from the United States to a foreign country or ; (3) by striking exportation or ; and (4) by adding at the end the following new paragraphs: (2) Authorization for the Exportation of Natural Gas (A) Prohibition No person may export any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. (B) Issuance of orders The Secretary of Energy may issue an order authorizing a person to export natural gas from the United States to a foreign country, upon application, if the Secretary determines that the proposed exportation will be consistent with the public interest, in accordance with the regulations issued under paragraph (3)(B). The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate. (C) Timing No order may be issued by the Secretary of Energy under this paragraph prior to the date on which the Secretary issues final regulations under paragraph (3)(B). (3) Public Interest Determination (A) NEPA review The Secretary of Energy shall issue a detailed statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) of the environmental impact of the issuance of orders under paragraph (2), including by conducting an analysis of the impacts of extraction of exported natural gas on the environment in communities where the natural gas is extracted. (B) Regulations (i) Deadline Not later than 2 years after the date of enactment of this paragraph, the Secretary of Energy shall issue final regulations, after notice and public comment, for determining whether an export of natural gas from the United States to a foreign country is in the public interest for purposes of issuing an order under paragraph (2). (ii) Contents Regulations issued under this paragraph shall require the Secretary of Energy to determine, with respect to each application for export of natural gas from the United States to a foreign country, whether such export is in the public interest through— (I) use of the latest available data on current and projected United States natural gas demands, production, and price; (II) consideration of the effects of such natural gas exports on— (aa) household and business energy expenditures by electricity and natural gas consumers in the United States; (bb) the United States economy, jobs, and manufacturing, including such effects on wages, investment, and energy intensive and trade exposed industries, as determined by the Secretary; (cc) the energy security of the United States, including the ability of the United States to reduce its reliance on imported oil; (dd) the conservation of domestic natural gas supplies to meet the future energy needs of the United States; (ee) the potential for natural gas use in the transportation, industrial, and electricity sectors of the United States; (ff) the ability of the United States to reduce greenhouse gas emissions; (gg) the volume of natural gas produced on public lands in the United States, and where such natural gas is consumed; (hh) domestic natural gas supply and availability, including such effects on pipelines and other infrastructure; (ii) the balance of trade of the United States; and (jj) other issues determined relevant by the Secretary; and (III) consideration of the detailed statement issued under subparagraph (A). (4) Exemptions Paragraph (2) does not apply with respect to any order authorizing the exportation of natural gas if the natural gas that would be exported as a result of the order is exported solely to meet a requirement imposed pursuant to section 203 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 ), section 5(b) of the Trading with the Enemy Act ( 50 U.S.C. App. 5(b) ), or part B of title II of the Energy Policy and Conservation Act ( 42 U.S.C. 6271 et seq. ). In such cases, the Secretary of Energy may issue such order upon application without modification or delay. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1189ih/xml/BILLS-113hr1189ih.xml

113-hr-1190

I 113th CONGRESS 1st Session H. R. 1190 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Markey (for himself and Mr. Holt ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide that the Secretary of the Interior may accept bids on any new oil and gas leases of Federal lands (including submerged lands) only from bidders certifying that all oil produced pursuant to such leases, and all refined petroleum products produced from such oil, shall be offered for sale only in the United States, and for other purposes. 1. Short title This Act may be cited as the Keep America’s Oil Here Act . 2. Findings The Congress finds the following: (1) The United States is taking a number of steps to reduce domestic consumption of oil. (2) In 2007, the Congress passed the Energy Independence and Security Act of 2007 (Public Law 110–140), which increased fuel economy standards to at least 35 miles per gallon by 2020 and established renewable fuel standards to ensure that enough renewable fuel is produced by 2022 to reduce the need for 1.6 million barrels of oil per day. These programs to reduce our domestic oil consumption have yet to be fully implemented. (3) The administration of President Obama is accelerating the implementation of the fuel economy standards and greenhouse gas emission standards. (4) In 2010, the President issued a rule that required increased fuel economy and decreased global warming emissions for light-duty vehicles produced in model years 2012–2016. This rule is in the process of being implemented, and will reduce the need for an additional 1.9 million barrels of oil per day by 2030 and reduce the need for 2.3 million barrels of oil per day by 2040. (5) In 2012, the President issued a final rule to implement increased fuel economy and reduced global warming emissions for light duty vehicles produced in model years 2017 through 2025. This rule, once fully implemented, will reduce the need for an additional 1.5 million barrels of oil per day by 2030 and reduce the need for 2.4 million barrels of oil per day by 2040. (6) These actions will help reduce domestic consumption of crude oil, which is an exhaustible natural resource. These measures represent only a portion of Federal Government efforts to assist economic growth and reduce economic pressures relating to high oil prices. (7) As the result of actions undertaken by the Congress and the executive branch, domestic oil production has ramped up considerably. Crude oil production in the United States is at its highest level in 15 years, while production of oil and natural gas liquids combined is at its highest level in 20 years. Domestic oil production is expected to continue rising through 2020. Restrictions on exports of oil produced on public lands are a necessary and appropriate complement to energy efficiency measures and will help to ensure a reliable and affordable supply of such oil and refined products from such oil. 3. No foreign sales of oil produced on Federal lands The Secretary of the Interior may accept bids on any new oil and gas leases of Federal lands (including submerged lands) under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) only from bidders certifying that all crude oil produced under such leases, and all refined petroleum products produced from such crude oil, shall be offered for sale only in the United States. 4. Waiver The President may provide for waiver of the application of section 3 with respect to a lease in a case in which— (1) the President determines that such a waiver is in the national interest because it— (A) will not lead to an increase in domestic consumption of crude oil obtained from countries hostile to United States interests or that have political and economic instability that compromises energy supply security; (B) will not lead to higher costs to oil refiners that purchase the crude oil than such refiners would have to pay for crude oil in the absence of such a waiver; and (C) will not lead to higher gasoline costs paid by consumers than consumers would have to pay in the absence of such a waiver; (2) an exchange of crude oil or refined petroleum products provides for no net loss of crude oil or refined petroleum products, respectively, consumed domestically; (3) a waiver is necessary under the Constitution, a law, or an international agreement; or (4) a standing trade agreement with a North American trading partner allows for such exports, and all crude oil and refined petroleum products exported under such a waiver will be consumed in North America. 5. Sunset (a) In general This Act, including any certification made pursuant to this Act, shall have no force or effect after the expiration of the 10-year period beginning on the date of enactment of this Act. (b) Report Two years before the end of the period referred to in subsection (a), the Secretary of the Interior and the Comptroller General of the United States shall each submit a report to the Congress on the impact of this Act on oil production on Federal lands, consumption of oil and refined petroleum products in the United States, and prices and markets for oil and refined petroleum products in the United States. 6. refined petroleum product defined In this Act the term refined petroleum product means any of the following: (1) Finished reformulated or conventional motor gasoline. (2) Finished aviation gasoline. (3) Kerosene-type jet fuel. (4) Kerosene. (5) Distillate fuel oil. (6) Residual fuel oil. (7) Lubricants. (8) Waxes. (9) Petroleum coke. (10) Asphalt and road oil.

https://www.govinfo.gov/content/pkg/BILLS-113hr1190ih/xml/BILLS-113hr1190ih.xml

113-hr-1191

I 113th CONGRESS 1st Session H. R. 1191 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Markey (for himself and Mr. Holt ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide that the Secretary of the Interior may accept bids on any new oil and gas leases of Federal lands (including submerged lands) only from bidders certifying that all natural gas produced pursuant to such leases shall be offered for sale only in the United States, and for other purposes. 1. Short title This Act may be cited as the Keep American Natural Gas Here Act . 2. No foreign sales of natural gas produced on Federal lands The Secretary of the Interior may accept bids on any new oil and gas leases of Federal lands (including submerged lands) under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) only from bidders certifying that all natural gas produced pursuant to such leases shall be offered for sale only in the United States. 3. No foreign sales of natural gas transported over Federal pipeline rights-of-way Section 28(a) of the Mineral Leasing Act ( 30 U.S.C. 185(a) ) is amended— (1) by inserting (1) after (a) ; and (2) by adding at the end the following: (2) A new right-of-way for a natural gas pipeline may not be granted under this section unless the applicant for the right-of-way certifies that all natural gas that is transported via such pipeline shall be offered for sale only in the United States. . 4. Sunset (a) Sunset (1) In general This Act, including any certification made pursuant to this Act, shall have no force or effect after the expiration of the 10-year period beginning on the date of enactment of this Act. (2) Conforming amendments Section 28(a) of the Mineral Leasing Act (30 U.S.C. 185(a)) is amended— (A) by striking (a)(1) and inserting (a) ; and (B) by striking the paragraph added by the amendment made by section 3(2). (b) Report Two years before the end of the period referred to in subsection (a), the Secretary of the Interior and the Comptroller General of the United States shall each submit a report to the Congress on the impact of this Act on natural gas production on Federal lands, consumption of natural gas in the United States, and prices and markets for natural gas in the United States.

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113-hr-1192

I 113th CONGRESS 1st Session H. R. 1192 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. McClintock introduced the following bill; which was referred to the Committee on Natural Resources A BILL To redesignate Mammoth Peak in Yosemite National Park as Mount Jessie Benton Frémont . 1. Findings Congress finds that Jessie Benton Frémont— (1) was the daughter of United States Senator Thomas Hart Benton of Missouri, a leading proponent of the concept of Manifest Destiny that advocated for the Nation to expand its borders westward; (2) became fluent in French and Spanish, was a gifted writer, and was at ease in any political discussion; (3) married John C. Frémont, who was assigned to explore the West; (4) transformed John C. Frémont’s descriptions from his treks into prose that was used by pioneers to guide their route West; (5) traveled to California in 1849 to join her husband at their Mariposa ranch, where gold had been discovered; (6) became involved in John C. Frémont’s 1856 campaign for Presidency, which proposed the abolition of slavery, a notion that Jessie Benton Frémont also supported; (7) moved to Bear Valley, California, with her husband John C. Frémont in 1858 and thereafter realized the need to preserve the land that would become Yosemite National Park for future generations; (8) entertained men such as Horace Greeley, Thomas Starr King, and United States Senator Edward Baker of Oregon, and urged them to begin a process that ultimately led to the establishment of Yosemite National Park; (9) influenced President Abraham Lincoln to sign the Act entitled An Act authorizing a Grant to the State of California of the Yo-Semite Valley and of the Land embracing the Mariposa Big Tree Grove , approved June 30, 1864 (commonly known as the Yosemite Grant), the first instance of land being set aside specifically for its preservation and public use by a national government; and (10) set the foundation for the creation of national parks and California State parks through her advocacy for and influence on the Yosemite Grant. 2. Redesignation of Mammoth Peak as Mount Jessie Benton Frémont (a) In General The peak known as Mammoth Peak in Yosemite National Park (located at NPS coordinates 37.855° N, -119.264° W) shall be redesignated as Mount Jessie Benton Frémont and may be known informally as Mt. Jessie in honor of the contributions of Jessie Benton Frémont to the approval of the Yosemite Grant. (b) References Any reference in a law, map, regulation, document, record, or other paper of the United States to the peak described in subsection (a) shall be considered to be a reference to Mount Jessie Benton Frémont .

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113-hr-1193

I 113th CONGRESS 1st Session H. R. 1193 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Meehan (for himself, Mr. Barletta , Mr. Gerlach , Mr. Nugent , Mr. Tiberi , and Mr. Murphy of Pennsylvania ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require each owner of a dwelling unit assisted under the section 8 rental assistance voucher program to remain current with respect to local property and school taxes and to authorize a public housing agency to use such rental assistance amounts to pay such tax debt of such an owner, and for other purposes. 1. Short title This Act may be cited as the Protect Our Schools from Tax Delinquents Act of 2013 . 2. Obligation for owners of assisted units to remain current on local property and school taxes (a) In general Subsection (o) of section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) is amended by adding at the end the following new paragraph: (21) Obligation for owners To remain current on local property and school taxes (1) Obligation Each housing assistance payments contract entered into by a public housing agency and the owner of a dwelling unit shall provide that the owner of the dwelling unit assisted under the contract shall pay, on a timely basis, all covered taxes validly assessed against the property in which such dwelling unit is located. (2) Authority to provide for use of assistance amounts to pay delinquent taxes A housing assistance payments contract entered into by a public housing agency and the owner of a dwelling unit may provide that, upon notification by a taxing authority that the owner of a dwelling unit assisted under this subsection is delinquent with respect to payment of any covered taxes assessed by such taxing authority against the property in which such dwelling unit is located and identification of the amount of such delinquency— (A) the public housing agency shall abate all of the assistance amounts under this subsection with respect such property until the transfer of amounts pursuant to subparagraph (B) is completed; and (B) the agency shall transfer to such taxing authority, on a monthly basis, an amount equal to the monthly assistance amounts under this subsection with respect to such dwelling unit (or such lesser amount as may be agreed to by the agency and such authority) until the delinquency identified in such notification is eliminated (or for such shorter period, as may be agreed to by the agency and such authority). (3) Requirements and procedures The Secretary shall establish such requirements as may be necessary to provide for the housing assistance payments contract provisions under paragraphs (1) and (2), including, in the case of provisions authorized by paragraph (2), such requirements regarding notifications and transfer of amounts pursuant to paragraph (2)(B) as may be necessary to ensure that amounts are not so transferred except for actual and confirmed taxes assessed to and owed by an owner of a dwelling unit, to ensure that no amounts are transferred in excess of the amount of such taxes owed, and to ensure the timely commencement and termination of such transfers. (4) Treatment of tenants Nothing in this section may be construed to authorize, or establish any cause or grounds for, the termination of the tenancy of any tenant from any dwelling unit assisted under this subsection. (5) Database (A) In general The Secretary shall maintain a database of information regarding— (i) owners of dwelling units assisted under this subsection whose housing assistance payments contracts have been terminated for failure to comply with the provision required under paragraph (1); and (ii) owners of such dwelling units with respect to whom assistance amounts have been abated and transferred to a taxing authority pursuant to paragraph (2). (B) Contents Such database shall include information that identifies the owner, the property for which such assistance was provided, the amount transferred, and the period over which such abatement and transfer occurred. (C) Information from public housing agencies The Secretary shall require public housing agencies to submit information regarding the abatement and transfer of assistance amounts pursuant to paragraph (2) sufficient for the Secretary to maintain such database. (6) Definitions For purposes of this paragraph, the following definitions shall apply: (A) Covered taxes The term covered taxes means any tax under the law of a State or any political subdivision of a State that is assessed upon real property or the revenue of which is dedicated for use only for schools or for costs of education. (B) Taxing authority The term taxing authority means any State or political subdivision of a State, including any agency or authority thereof, having authority to assess and collect covered taxes. . (b) Regulations The Secretary of Housing and Urban Development shall issue any regulations necessary to carry section 8(o)(21) of the United States Housing Act of 1937, as added by the amendment made by subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr1193ih/xml/BILLS-113hr1193ih.xml

113-hr-1194

I 113th CONGRESS 1st Session H. R. 1194 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mrs. Miller of Michigan introduced the following bill; which was referred to the Committee on Financial Services , 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 terminate the National Flood Insurance Program and related mandatory purchase and compliance requirements, and for other purposes. 1. Short title This Act may be cited as the National Flood Insurance Program Termination Act of 2013 . 2. Termination of National Flood Insurance Program (a) Termination of authority To provide coverage Effective at the end of December 31, 2015, the Administrator of the Federal Emergency Management Agency (in this section referred to as the Administrator ) shall not provide any new flood insurance coverage, or renew any coverage provided before such date, under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). (b) Treatment of existing coverage Subsection (a) shall not— (1) affect any flood insurance coverage provided under such Act under a contract or agreement entered into before the date specified in such subsection and, notwithstanding the repeals under section 3, such provisions as in effect immediately before such repeal shall continue to apply with respect to flood insurance coverage in force after such repeal; or (2) require the termination of any contract or other agreement for flood insurance coverage entered into before such date. (c) Wind-Up After the date specified in subsection (a), the Administrator shall take such actions as may be necessary steps to wind up the affairs of the National Flood Insurance Program. (d) Treatment of funds Amounts in the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017 ) and amounts in the National Flood Insurance Reserve Fund established under section 1310A of such Act ( 42 U.S.C. 4017a ) shall be available to the Administrator for performing the functions of the Administrator with respect to flood insurance coverage remaining in force after the date specified in subsection (a). Upon the expiration of the contracts and agreements for such coverage, any unexpended balances in such Funds shall be deposited in the Treasury as miscellaneous receipts. (e) Savings provisions (1) Treatment of prior determinations The repeals made by section 3 of the provisions of law specified in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Administrator, or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Pending proceedings (A) Effect on pending proceedings The repeals made by section 3 shall not affect any proceedings relating to the National Flood Insurance Program, including notices of proposed rulemaking, pending on the effective date of the repeals, before the Federal Emergency Management Agency, except that no assistance or flood insurance coverage may be provided pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Administrator after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Administrator, by a court of competent jurisdiction, or by operation of law. (B) Construction Nothing in this subsection may be construed to prohibit the discontinuance or modification of any proceeding described in subparagraph (A) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (3) Actions This section shall not affect suits commenced before the effective date of the repeals made by section 3, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this section had not been enacted. (4) Liabilities incurred No suit, action, or other proceeding commenced by or against an individual in the official capacity of such individual as an officer of the Federal Emergency Management Agency having any responsibility for the National Flood Insurance Program shall abate by reason of the enactment of this section. No cause of action relating to such Program, by or against the Federal Emergency Management Agency, or by or against any officer thereof in the official capacity of such officer having any responsibility for such program, shall abate by reason of the enactment of this section. 3. Repeals and continuation of FEMA mapping responsibilities (a) National Flood Insurance Act of 1968 The National Flood Insurance Act of 1968 is amended— (1) by striking section 1302 ( 42 U.S.C. 4001 ); (2) by striking chapters I and II ( 42 U.S.C. 4011 et seq. ); (3) in section 1360 ( 42 U.S.C. 4101 )— (A) in subsection (a)(2), by striking until the date specified in section 1319 ; (B) by striking subsection (d); (C) in subsection (g)— (i) by striking To promote compliance with the requirements of this title, the and inserting The ; (ii) by striking directly responsible for coordinating the national flood insurance program ; and (iii) in the last sentence, by striking National Flood Insurance Fund, pursuant to section 1310(b)(6) and inserting the following: General Fund of the Treasury and shall be used only for reducing the debt of the Federal Government ; and (D) in subsection (i)— (i) by striking free of charge and inserting at cost ; (ii) by striking and States and communities participating in the national flood insurance program pursuant to section 1310 and at cost to all other and inserting , States and communities, and other interested ; and (iii) in the last sentence, by striking National Flood Insurance Fund, pursuant to section 1310(b)(6) and inserting the following: General Fund of the Treasury and shall be used only for reducing the debt of the Federal Government ; (4) in section 1363 ( 42 U.S.C. 4104 )— (A) in subsection (e)— (i) in the second sentence, by striking the Scientific Resolution Panel provided for in section 1363A and inserting an independent scientific body or appropriate Federal agency for advice ; and (ii) by striking the third and fifth sentences; (B) in subsection (g), by striking Except as provided in section 1363A, any and inserting Any ; (5) by striking section 1363A (42 U.S.C. 4104–1); (6) in section 1364 ( 42 U.S.C. 4104a )— (A) in subsection (a)— (i) in paragraphs (1) and (2), by striking or the Flood Disaster Protection Act of 1973 each place such term appears; and (ii) in paragraph (3)— (I) by striking subparagraphs (B) and (C) and inserting the following: (B) a statement that flood insurance coverage may be available in the private market or through a State-sponsored program; and ; and (II) by redesignating subparagraph (D) as subparagraph (C); and (B) by striking subsections (b) and (c); (7) in section 1365 ( 42 U.S.C. 4104b )— (A) in subsection (a), by striking and in which flood insurance under this title is available ; and (B) in subsection (b)— (i) by striking paragraph (1); and (ii) in paragraph (2)— (I) in the first sentence, by striking the community identification number and community participation status (for purposes of the national flood insurance program) of the community in which the improved real estate or such property is located, ; and (II) in the third sentence, by striking because the building or mobile home is not located in a community that is participating in the national flood insurance program or ; (8) by striking sections 1366 and 1367 ( 42 U.S.C. 4104c , 4104d); (9) in section 1370 ( 42 U.S.C. 4121 )— (A) by striking paragraphs (3), (4), (5), (7), (14), and (15); (B) in paragraph (12)(B), by striking the semicolon at the end and inserting ; and ; (C) in paragraph (13), by striking the semicolon at the end and inserting a period; and (D) by redesignating paragraphs (6), (8), (9), (10), (11), (12), and (13), as so amended, as paragraphs (3), (4), (5), (6), (7), (8), and (9), respectively; (10) by striking sections 1371 through 1375 ( 42 U.S.C. 4122–26 ); (11) in section 1376 ( 42 U.S.C. 4127 )— (A) in subsection (a), by striking to carry out this title and all that follows through the end of paragraph (3) and inserting to carry out the mapping, studies, investigations, and other responsibilities of the Director under this title ; and (B) by striking subsection (c); and (12) by striking section 1377 ( 42 U.S.C. 4001 note). (b) Flood Disaster Protection Act of 1973 The Flood Disaster Protection Act of 1973 is amended— (1) by striking section 2 ( 42 U.S.C. 4002 ); (2) by striking section 102 ( 42 U.S.C. 4012a ); (3) in section 201 (42 U.S.C. 4105)— (A) by striking subsection (a) and inserting the following new subsection: (a) As information becomes available to the Director concerning the existence of flood hazards, the Director shall publish information in accordance with section 1360(a)(1) of the National Flood Insurance Act of 1968 and shall notify the chief executive officer of each known flood-prone community of its tentative identification as a community containing one or more areas having special flood hazards. ; (B) in subsection (b), by striking shall either (1) promptly make proper application to participate in the national flood insurance program or (2) and inserting may ; (C) by striking subsections (c) and (d); and (D) by redesignating subsection (e) as subsection (c); and (4) by striking section 202 ( 42 U.S.C. 4106 ). (c) Biggert-Waters Flood Insurance Reform Act of 2012 The Biggert-Waters Flood Insurance Reform Act of 2012 is amended— (1) in section 100215 ( 42 U.S.C. 4101a )— (A) in subsection (b)(2), by striking insurance rate and inserting risk ; (B) in subsection (c), by striking insurance rate each place such term appears and inserting risk ; (C) in subsection (d)— (i) in paragraph (1)(A)(i), by striking insurance rate and inserting risk ; and (ii) in paragraph (2), by striking National Flood Insurance Program rate and inserting flood risk ; and (D) in subsection (l)(2), by striking insurance rate and inserting risk ; (2) in section 100216 ( 42 U.S.C. 4101b )— (A) in subsection (a), by striking National Flood Insurance Program rate and inserting flood risk ; (B) in subsection (b)— (i) in paragraph (1), by striking National Flood Insurance Program rate each place such term appears in subparagraphs (A) and (C) and inserting flood risk ; and (ii) in paragraph (2)(B), by striking National Flood Insurance Program ; (C) in subsection (d)— (i) in paragraph (1)— (I) in subparagraph (A), by striking effects— and all that follows and inserting effects of any potential changes to flood risk maps that may result from the mapping program required under this section. ; and (II) in subparagraph (B), by striking (with regard to contents insurance) ; and (ii) in paragraph (2)— (I) in subparagraph (A), by striking covered by the mandatory flood insurance purchase requirements under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and inserting having special flood hazards ; (II) in subparagraph (B), by striking subject to the flood insurance mandatory purchase requirement and inserting areas having special flood hazards ; and (III) in subparagraph (C), by striking , including and all that follows through ( 42 U.S.C. 4011 et seq. ) ; and (D) in subsection (e)— (i) by striking National Flood Insurance Program rate and inserting flood risk ; (ii) by striking insurance rates and inserting risk designations ; and (iii) by striking its rate maps and inserting its risk maps ; and (3) by striking— (A) section 100224 (42 U.S.C. 4081 note; relating to oversight and expense reimbursements of insurance companies); (B) section 100226 ( 42 U.S.C. 4101 note; relating to flood protection structure accreditation task force); (C) section 100227 (42 U.S.C. 4011 note; relating to flood in progress determinations); (D) section 100229 (126 Stat. 945; relating to local data requirement); (E) section 100230 (42 U.S.C. 4014 note; relating to eligibility for insurance); (F) section 100231 (126 Stat. 949; relating to studies and reports); (G) subsections (a), (b), (c), and (e) of section 100232 (126 Stat. 953; relating to reinsurance); (H) section 100233 (126 Stat. 955; relating to GAO study on business interruption and additional living expenses coverages); (I) section 100234 (42 U.S.C. 4013a; relating to policy disclosures); (J) section 100236 (126 Stat. 957; relating to study of participation and affordability for certain policyholders); (K) section 100237 (126 Stat. 957; relating to study and report concerning Indian tribe and member participation in flood insurance program); (L) section 100240 (126 Stat. 961; relating to levees constructed on certain properties); (M) section 100247 (126 Stat. 967; relating to FIO study on risks, hazards, and insurance); and (N) section 100248 (126 Stat. 968; relating to flood protection improvements constructed on certain properties). (d) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 The Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 is amended by striking title II (118 Stat. 725). (e) National Flood Insurance Reform Act of 1994 The National Flood Insurance Reform Act of 1994 is amended by striking sections 561 ( 42 U.S.C. 4011 note), 562 (42 U.S.C. 4102 note), 578 ( 42 U.S.C. 4014 note), 579(b), and 582 (42 U.S.C. 5154a). (f) Federal Flood Insurance Act of 1956 Section 15 of the Federal Flood Insurance Act of 1956 ( 42 U.S.C. 2414 ) is amended by striking subsection (e). (g) Real Estate Procedures Act of 1974 Paragraph 14 of section 5(b) of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2604(b)(14) ) is amended by striking under the National Flood Insurance Program or . (h) Housing and Community Development Act of 1974 Paragraph (28) of section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(28)) is amended— (1) in the matter preceding subparagraph (A)— (A) by striking participate in the national flood insurance program and inserting have areas designated ; (B) by inserting as having special flood hazards after the first comma; and (C) by striking under such Act ; and (2) in subparagraph (A)— (A) in clause (i), by striking participate in the national flood insurance program and inserting have areas designated as having special flood hazards ; (B) in clause (ii), by striking and the effect of such inclusion and all that follow through to such property ; (C) in clause (iii), by striking the flood insurance mandatory purchase requirement and inserting special flood hazards ; (D) in clause (iv), by striking , including, where applicable, lower-cost preferred risk policies under this title for such properties and the contents of such properties ; (E) in clause (vi) by striking , including a telephone number and all that follows through is available ; and (F) in clause (vii)— (i) by striking participating in the national flood insurance program regarding the program and and inserting having areas designated as having special flood hazards regarding ; and (ii) by striking coverage under the National Flood Insurance Act of 1968 and inserting private flood insurance coverage . (i) Effective date The amendments made by this section shall take effect at the end of December 31, 2015. 4. Interstate compacts for flood insurance coverage (a) Congressional consent The consent of the Congress is hereby given to any two or more States to enter into agreement or compacts, not in conflict with any law of the United States, for making available to interested persons insurance coverage against loss resulting from physical damage to or loss of real property or personal property related thereto arising from any flood occurring in the United States. (b) Rights reserved The right to alter, amend, or repeal this section, or consent granted by this section, is expressly reserved to the Congress.

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113-hr-1195

I 113th CONGRESS 1st Session H. R. 1195 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Moran (for himself and Mr. Crenshaw ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish a program to provide grants to nonprofit organizations to enable such organizations to assign and support volunteers to assist foreign countries in the administration of their natural resources in an environmentally sustainable manner. 1. Short Title This Act may be cited as the International Conservation Corps Act of 2013 . 2. Findings Congress finds the following: (1) There is a significant deficit in the capability of many developing countries to manage their natural resources sustainably, which is fundamental to achieving economic development, poverty alleviation, conflict avoidance, good governance, and regional security. (2) Developing countries with a great wealth of natural resources are facing a great risk of conflict. Issues that arise in these countries include corruption, disputes over control and distribution of the resources and resulting wealth, fighting over and destruction of resources and resource-rich areas, and human rights abuses. (3) Developing countries that successfully manage their natural resource wealth, however, continue to benefit from these resources without resulting conflict. (4) It is in the security interest of the United States to share the vast experience and proven methodologies that the United States has achieved over many decades with developing countries struggling to establish their own successful natural resource management programs and policies. (5) The many United States senior professionals retiring from both the public and private sector with extensive experience and expertise in the field of natural resource management, acting in a voluntary capacity, presents a unique and important opportunity to help other countries develop the capacity to manage their natural resources sustainably. 3. Establishment of program (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of State, shall establish a program to provide grants to qualifying nonprofit organizations to enable such organizations to assign and support volunteers to assist foreign countries identified under section 4 in the administration of their natural resources in an environmentally sustainable manner. (b) Details of the program The Secretary shall develop and implement the program such that it includes providing professional, scientific, and technical assistance and training to aid foreign countries in their efforts to— (1) develop, manage, and protect national parks, natural and cultural heritage sites, and other protected areas; (2) protect wildlife; and (3) develop capacity to sustainably manage their natural resources. 4. Identification of foreign countries (a) In general The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall— (1) identify foreign countries as appropriate for participation in the program; (2) notify such foreign countries of the program; and (3) encourage such foreign countries to seek to participate in the program. 5. Award of grants to qualifying nonprofit organizations (a) Application (1) Required information To be eligible to receive a grant under the program, a qualifying nonprofit organization shall submit to the Secretary an application including information regarding the expertise, past experience, and demonstrated capacity of the organization, as well as such other information as the Secretary may require. (2) Time, form, and manner of application The application described in paragraph 1 shall be submitted to the Secretary at such time, and in such form and manner, as the Secretary may require. (3) Solicitation of applications The Secretary shall solicit from qualifying nonprofit organizations applications for grants in accordance with this section. (b) Approval process As soon as is practicable after the date of receipt of an application by the Secretary under subsection (a), the Secretary shall approve or disapprove the application. (c) Provision of grant As soon as is practicable after the date on which the Secretary approves an application of a qualifying nonprofit organization under subsection (b), the Secretary shall provide a grant to such organization. 6. Use of funds Any organization that receives a grant under section 5 shall use funds received under such grant to— (1) recruit highly skilled and experienced volunteers to participate in the program; and (2) place such volunteers with foreign countries participating in the program to work in appropriate projects in the program, subject to section 8. 7. Reporting requirement (a) Submission of periodic reports At times specified by the Secretary, any organization that receives a grant under section 5 shall submit to the Secretary periodic reports that include all information that the Secretary determines is necessary to evaluate the progress and success of projects in the program for the purposes of ensuring positive results, assessing problems, and fostering improvements. (b) Internet publication of reports The Secretary shall make reports under subsection (a) available to the public through the Internet Web site of the Department of the Interior. 8. Terms and conditions of volunteer service (a) Assignment of volunteers Except as otherwise provided in this Act, the assignment of volunteers in appropriate projects in the program shall be on such terms and conditions as the Secretary may determine. (b) Compensation of volunteers Volunteers selected for participation in projects in the program shall not be compensated except for a stipend to cover travel costs, health and travel insurance costs, living costs, and accommodations, awarded in such amounts as the Secretary determines to be appropriate. 9. Definitions In this Act: (1) Program The term program means the program established pursuant to section 3. (2) Qualifying nonprofit organization The term qualifying nonprofit organization means an entity described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (3) Secretary The term Secretary means the Secretary of the Interior.

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113-hr-1196

I 113th CONGRESS 1st Session H. R. 1196 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the District of Columbia Home Rule Act to make local funds of the District of Columbia for a fiscal year available for use by the District at the beginning of the fiscal year at the rate of operations provided under the local budget act for the fiscal year if the regular District of Columbia appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year. 1. Short title This Act may be cited as the District of Columbia Local Funds Continuation Act . 2. Availability of District of Columbia local funds upon failure by Congress to enact local budget (a) In General Subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after section 446B the following new section: 446C. Availability of Local Funds Upon Failure by Congress to Enact Budget (a) Availability of Local Funds at Rate Established by Local Law if no Budget Enacted Prior to Beginning of Fiscal Year (1) In general If the regular District of Columbia appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year, there is appropriated, out of any moneys of the government of the District of Columbia not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, the amount provided for any project or activity for which funds are provided in the local budget act for such fiscal year. (2) Rate of funding An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall be at the rate of operations provided for such project or activity under the local budget act for such fiscal year. (3) Period of availability An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall be available for the period— (A) beginning with the first day of the fiscal year; and (B) ending with the date on which the regular District of Columbia appropriation bill for such fiscal year becomes law. (b) Terms and Conditions An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made and funds made available for the preceding fiscal year, or the authority granted for such project or activity under the applicable law in effect at the time. (c) Period of Coverage An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. (d) Restrictions on Programs or Activities Subject to Other Appropriations Acts This section shall not apply to a project or activity during any period of a fiscal year if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. (e) Protection of Other Obligations Nothing in this section shall be construed to effect obligations of the government of the District of Columbia mandated by other law. (f) Definitions In this section— (1) the term local budget act means, with respect to a fiscal year, the act of the Council adopting the annual budget for the District of Columbia government for such fiscal year, as submitted by the Mayor to the President for transmission to Congress pursuant to section 446; and (2) the term regular District of Columbia appropriation bill means an annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. (g) Effective date This section shall apply with respect to fiscal year 2014 and each succeeding fiscal year. . (b) Conforming Amendment Section 446 of such Act (sec. 1–204.46, D.C. Official Code) is amended by inserting section 446C, after section 446B, . (c) Clerical Amendment The table of contents of subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after the item relating to section 446B the following: 446C. Availability of local funds upon failure by Congress to enact budget. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1196ih/xml/BILLS-113hr1196ih.xml

113-hr-1197

I 113th CONGRESS 1st Session H. R. 1197 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Ross introduced the following bill; which was referred to the Committee on Ways and Means A BILL To waive the arbitrage rules for certain bonds issued in 1990 and partially defeased in 1996. 1. Waiver of arbitrage rules for certain bonds (a) In general Section 148 of the Internal Revenue Code of 1986 shall not apply to an issue of bonds that were partially defeased, described in subsection (b), if— (1) such bonds are redeemed by the governmental unit that issued them within 90 days of the sale of the escrow securities, and (2) any net profit remaining after the proceeds of the sale of the escrow securities have been applied to such redemption is used by the issuer for an essential governmental function within twelve months of such redemption. (b) Bonds described Bonds described in this subsection are bonds issued on January 4, 1990, that were partially defeased on July 19, 1996, with revenues of a municipally owned electric and water system.

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113-hr-1198

I 113th CONGRESS 1st Session H. R. 1198 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Sablan (for himself and Mr. Faleomavaega ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for American Samoa and the Commonwealth of the Northern Mariana Islands to be treated as States for certain criminal justice programs. 1. Treatment as a State for American Samoa and the CNMI Section 901(a)(2) of Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791(a)(2) ) is amended by striking Islands: and all that follows through the period and inserting Islands; .

https://www.govinfo.gov/content/pkg/BILLS-113hr1198ih/xml/BILLS-113hr1198ih.xml

113-hr-1199

I 113th CONGRESS 1st Session H. R. 1199 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Ms. Linda T. Sánchez of California (for herself, Ms. Bass , Ms. Bordallo , Mr. Braley of Iowa , Ms. Brown of Florida , Mrs. Capps , Mr. Capuano , Mr. Carson of Indiana , Ms. Castor of Florida , Mr. Cicilline , Ms. Clarke , Mr. Clay , Mr. Cleaver , Mr. Conyers , Mr. Cummings , Mrs. Davis of California , Ms. DeLauro , Mr. Deutch , Mr. Ellison , Mr. Al Green of Texas , Mr. Grijalva , Mr. Gutierrez , Mr. Hanna , Mr. Hastings of Florida , Mr. Himes , Mr. Horsford , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Langevin , Ms. Lee of California , Mr. Levin , Mr. Lewis , Mr. Loebsack , Ms. Lofgren , Mr. Lowenthal , Mr. Lynch , Mr. Sean Patrick Maloney of New York , Mr. Matheson , Ms. McCollum , Mr. McDermott , Mr. McGovern , Mr. Michaud , Mr. Moran , Mr. Nadler , Mrs. Napolitano , Mr. Neal , Ms. Norton , Ms. Pingree of Maine , Mr. Pocan , Mr. Polis , Mr. Price of North Carolina , Ms. Ros-Lehtinen , Mr. Ryan of Ohio , Mr. Schiff , Ms. Sewell of Alabama , Mr. Sires , Ms. Slaughter , Mr. Smith of Washington , Ms. Speier , Mr. Thompson of California , Ms. Titus , Mr. Tonko , Ms. Tsongas , Mr. Van Hollen , Ms. Wasserman Schultz , and Mr. Yarmuth ) 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 address and take action to prevent bullying and harassment of students. 1. Short title This Act may be cited as the Safe Schools Improvement Act of 2013 . 2. Findings Congress finds the following: (1) Bullying and harassment foster a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential. (2) Bullying and harassment contribute to high dropout rates, increased absenteeism, and academic underachievement. (3) Bullying and harassment include a range of behaviors that negatively impact a student’s ability to learn and participate in educational opportunities and activities that schools offer. Such behaviors can include hitting or punching, name-calling, intimidation through gestures or social exclusion, and sending insulting or offensive messages through electronic communications, such as internet sites, e-mail, instant messaging, mobile phones and messaging, telephone, or any other means. (4) Schools with enumerated anti-bullying and harassment policies have an increased level of reporting and teacher intervention in incidents of bullying and harassment, thereby reducing the overall frequency and number of such incidents. (5) Students have been particularly singled out for bullying and harassment on the basis of their actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, or religion, among other categories. (6) Some young people experience a form of bullying called relational aggression or psychological bullying, which harms individuals by damaging, threatening, or manipulating their relationships with their peers, or by injuring their feelings of social acceptance. (7) Interventions to address bullying and harassment conduct to create a positive and safe school climate, combined with evidence-based discipline policies and practices, such as Positive Behavior Interventions and Supports (PBIS) and restorative practices, can minimize suspensions, expulsions, and other exclusionary discipline policies to ensure that students are not pushed-out or diverted to the juvenile justice system. (8) According to one poll, 85 percent of Americans strongly support or somewhat support a Federal law to require schools to enforce specific rules to prevent bullying. (9) Students, parents, educators, and policymakers have come together to call for leadership and action to address the national crisis of bullying and harassment. 3. Safe Schools improvement (a) In general Title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. ) is amended by adding at the end the following: D Safe Schools improvement 4401. Purpose The purpose of this part is to address the problem of bullying and harassment conduct of students in public elementary schools and secondary schools. 4402. Anti-bullying policies (a) Bullying In this part, the term bullying includes cyber-bullying through electronic communications. (b) Policies A State that receives a grant under this title shall require all local educational agencies in the State to carry out the following: (1) Establish policies that prevent and prohibit conduct, including bullying and harassment, that is sufficiently severe, persistent, or pervasive— (A) to limit a student’s ability to participate in, or benefit from, a program or activity of a public school or local educational agency; or (B) to create a hostile or abusive educational environment, adversely affecting a student's education, at a program or activity of a public school or local educational agency, including acts of verbal, nonverbal, or physical aggression or intimidation. (2) The policies required under paragraph (1) shall include a prohibition of bullying or harassment conduct based on— (A) a student’s actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion; (B) the actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion of a person with whom a student associates or has associated; or (C) any other distinguishing characteristics that may be defined by the State or local educational agency, including being homeless or the child or ward of a member of the Armed Forces. (3) Provide— (A) annual notice to students, parents, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and (B) grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including— (i) the name of the local educational agency officials who are designated as responsible for receiving such complaints; and (ii) timelines that the local educational agency will establish in the resolution of such complaints. (4) Collect annual incidence and frequency of incidents data about the conduct prohibited by the policies described in paragraph (1) at the school building level that are accurate and complete and publicly report such data at the school level and local educational agency level. The local educational agency shall ensure that victims or persons responsible for such conduct are not identifiable. (5) Encourage positive and preventative approaches to school discipline that minimize students’ removal from instruction and ensure that students, including students described in paragraph (2), are not subject to disproportionate punishment. 4403. State reports The chief executive officer of a State that receives a grant under this title, in cooperation with the State educational agency, shall submit a biennial report to the Secretary— (1) on the information reported by local educational agencies in the State pursuant to section 4402(b)(5); and (2) describing the State's plans for supporting local educational agency efforts to address the conduct prohibited by the policies described in section 4402(b)(1). 4404. Evaluation (a) Biennial evaluation The Secretary shall conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary schools and secondary schools, including implementation of the requirements described in section 4402, including whether such requirements have appreciably reduced the level of the prohibited conduct and have conducted effective parent involvement and training programs. (b) Data collection The Commissioner for Education Statistics shall collect data from States, that are subject to independent review, to determine the incidence and frequency of conduct prohibited by the policies described in section 4402. (c) Biennial report Not later than January 1, 2015, and every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under subsection (b) and data submitted by the States under section 4403. 4405. Effect on other laws (a) Federal and State nondiscrimination laws Nothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 or 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 , 794a), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (b) Free speech and expression laws Nothing in this part shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under, other Federal laws that establish protections for freedom of speech or expression. 4406. Rule of construction Nothing in this part shall be construed to prohibit a State or local entity from enacting any law with respect to the prevention of bullying or harassment of students that is not inconsistent with this part. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: Part D—Safe Schools improvement Sec. 4401. Purpose. Sec. 4402. Anti-bullying policies. Sec. 4403. State reports. Sec. 4404. Evaluation. Sec. 4405. Effect on other laws. Sec. 4406. Rule of construction. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1199ih/xml/BILLS-113hr1199ih.xml

113-hr-1200

I 113th CONGRESS 1st Session H. R. 1200 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. McDermott introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Oversight and Government Reform , Armed Services , 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 provide for health care for every American and to control the cost and enhance the quality of the health care system. 1. Short title This Act may be cited as the American Health Security Act of 2013 . 2. Sense of the House of Representatives concerning the status of health care It is the sense of the House of Representatives that the 113th Congress should recognize and proclaim that health care is a human right. 3. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Sense of the House of Representatives concerning the status of health care. Sec. 3. Table of contents. Title I—Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment Sec. 101. Establishment of a State-Based American Health Security Program. Sec. 102. Universal entitlement. Sec. 103. Enrollment. Sec. 104. Portability of benefits. Sec. 105. Effective date of benefits. Sec. 106. Relationship to existing Federal health programs. Title II—Comprehensive Benefits, Including Preventive Benefits and Benefits for Long-Term Care Sec. 201. Comprehensive benefits. Sec. 202. Definitions relating to services. Sec. 203. Special rules for home and community-based long-term care services. Sec. 204. Exclusions and limitations. Sec. 205. Certification; quality review; plans of care. Title III—Provider Participation Sec. 301. Provider participation and standards. Sec. 302. Qualifications for providers. Sec. 303. Qualifications for comprehensive health service organizations. Sec. 304. Limitation on certain physician referrals. Title IV—Administration Subtitle A—General Administrative Provisions Sec. 401. American Health Security Standards Board. Sec. 402. American Health Security Advisory Council. Sec. 403. Consultation with private entities. Sec. 404. State health security programs. Sec. 405. Complementary conduct of related health programs. Subtitle B—Control over Fraud and Abuse Sec. 411. Application of Federal sanctions to all fraud and abuse under American Health Security Program. Sec. 412. Requirements for operation of State health care fraud and abuse control units. Title V—Quality Assessment Sec. 501. American Health Security Quality Council. Sec. 502. Development of certain methodologies, guidelines, and standards. Sec. 503. State quality review programs. Sec. 504. Elimination of utilization review programs; transition. Title VI—Health Security Budget; Payments; Cost Containment Measures Subtitle A—Budgeting and Payments to States Sec. 601. National health security budget. Sec. 602. Computation of individual and State capitation amounts. Sec. 603. State health security budgets. Sec. 604. Federal payments to States. Sec. 605. Account for health professional education expenditures. Subtitle B—Payments by States to Providers Sec. 611. Payments to hospitals and other facility-based services for operating expenses on the basis of approved global budgets. Sec. 612. Payments to health care practitioners based on prospective fee schedule. Sec. 613. Payments to comprehensive health service organizations. Sec. 614. Payments for community-Based primary health services. Sec. 615. Payments for prescription drugs. Sec. 616. Payments for approved devices and equipment. Sec. 617. Payments for other items and services. Sec. 618. Payment incentives for medically underserved areas. Sec. 619. Authority for alternative payment methodologies. Subtitle C—Mandatory assignment and administrative provisions Sec. 631. Mandatory assignment. Sec. 632. Procedures for reimbursement; appeals. Title VII—Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved Subtitle A—Promotion and Expansion of Primary Care Professional Training Sec. 701. Role of Board; establishment of primary care professional output goals. Sec. 702. Establishment of Advisory Committee on Health Professional Education. Sec. 703. Grants for health professions education, nurse education, and the National Health Service Corps. Subtitle B—Direct Health Care Delivery Sec. 711. Set-aside for public health. Sec. 712. Set-aside for primary health care delivery. Sec. 713. Primary care service expansion grants. Subtitle C—Primary Care and Outcomes Research Sec. 721. Set-aside for outcomes research. Sec. 722. Office of Primary Care and Prevention Research. Subtitle D—School-Related Health Services Sec. 731. Authorizations of appropriations. Sec. 732. Eligibility for development and operation grants. Sec. 733. Preferences. Sec. 734. Grants for development of projects. Sec. 735. Grants for operation of projects. Sec. 736. Federal administrative costs. Sec. 737. Definitions. Title VIII—Financing Provisions; American Health Security Trust Fund Sec. 800. Amendment of 1986 code; Section 15 not to apply. Subtitle A—American Health Security Trust Fund Sec. 801. American Health Security Trust Fund. Subtitle B—Taxes Based on Income and Wages Sec. 811. Payroll tax on employers. Sec. 812. Health care income tax. Sec. 813. Surcharge on high income individuals. Subtitle C—Other financing provisions Sec. 821. Tax on Securities Transactions. Title IX—Conforming Amendments to the Employee Retirement Income Security Act of 1974 Sec. 901. ERISA inapplicable to health coverage arrangements under State health security programs. Sec. 902. Exemption of State health security programs from ERISA preemption. Sec. 903. Prohibition of employee benefits duplicative of benefits under State health security programs; coordination in case of workers’ compensation. Sec. 904. Repeal of continuation coverage requirements under ERISA and certain other requirements relating to group health plans. Sec. 905. Effective date of title. Title X—Additional Conforming Amendments Sec. 1001. Repeal of certain provisions in Internal Revenue Code of 1986. Sec. 1002. Repeal of certain provisions in the Employee Retirement Income Security Act of 1974 . Sec. 1003. Repeal of certain provisions in the Public Health Service Act and related provisions. Sec. 1004. Effective date of title. I Establishment of a State-Based American Health Security Program; Universal Entitlement; Enrollment 101. Establishment of a State-Based American Health Security Program (a) In general There is hereby established in the United States a State-Based American Health Security Program to be administered by the individual States in accordance with Federal standards specified in, or established under, this Act. (b) State health security programs In order for a State to be eligible to receive payment under section 604, a State shall establish a State health security program in accordance with this Act. (c) State defined (1) In general In this Act, subject to paragraph (2), the term State means each of the 50 States and the District of Columbia. (2) Election If the Governor of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Northern Mariana Islands certifies to the President that the legislature of the Commonwealth or territory has enacted legislation desiring that the Commonwealth or territory be included as a State under the provisions of this Act, such Commonwealth or territory shall be included as a State under this Act beginning January 1 of the first year beginning 90 days after the President receives the notification. 102. Universal entitlement (a) In general Every individual who is a resident of the United States and is a citizen or national of the United States or lawful resident alien (as defined in subsection (d)) is entitled to benefits for health care services under this Act under the appropriate State health security program. In this section, the term appropriate State health security program means, with respect to an individual, the State health security program for the State in which the individual maintains a primary residence. (b) Treatment of certain nonimmigrants (1) In general The American Health Security Standards Board (in this Act referred to as the Board ) may make eligible for benefits for health care services under the appropriate State health security program under this Act such classes of aliens admitted to the United States as nonimmigrants as the Board may provide. (2) Consideration In providing for eligibility under paragraph (1), the Board shall consider reciprocity in health care services offered to United States citizens who are nonimmigrants in other foreign states, and such other factors as the Board determines to be appropriate. (c) Treatment of other individuals (1) By Board The Board also may make eligible for benefits for health care services under the appropriate State health security program under this Act other individuals not described in subsection (a) or (b), and regulate the nature of the eligibility of such individuals, in order— (A) to preserve the public health of communities; (B) to compensate States for the additional health care financing burdens created by such individuals; and (C) to prevent adverse financial and medical consequences of uncompensated care, while inhibiting travel and immigration to the United States for the sole purpose of obtaining health care services. (2) By States Any State health security program may make individuals described in paragraph (1) eligible for benefits at the expense of the State. (d) Lawful resident alien defined For purposes of this section, the term lawful resident alien means an alien lawfully admitted for permanent residence and any other alien lawfully residing permanently in the United States under color of law, including an alien with lawful temporary resident status under section 210, 210A, or 234A of the Immigration and Nationality Act ( 8 U.S.C. 1160 , 1161, or 1255a). 103. Enrollment (a) In general Each State health security program shall provide a mechanism for the enrollment of individuals entitled or eligible for benefits under this Act. The mechanism shall— (1) include a process for the automatic enrollment of individuals at the time of birth in the United States and at the time of immigration into the United States or other acquisition of lawful resident status in the United States; (2) provide for the enrollment, as of January 1, 2015, of all individuals who are eligible to be enrolled as of such date; and (3) include a process for the enrollment of individuals made eligible for health care services under subsections (b) and (c) of section 102. (b) Availability of applications Each State health security program shall make applications for enrollment under the program available— (1) at employment and payroll offices of employers located in the State; (2) at local offices of the Social Security Administration; (3) at social services locations; (4) at out-reach sites (such as provider and practitioner locations); and (5) at other locations (including post offices and schools) accessible to a broad cross-section of individuals eligible to enroll. (c) Issuance of health security cards In conjunction with an individual’s enrollment for benefits under this Act, the State health security program shall provide for the issuance of a health security card (to be referred to as a smart card ) that shall be used for purposes of identification and processing of claims for benefits under the program. The State health security program may provide for issuance of such cards by employers for purposes of carrying out enrollment pursuant to subsection (a)(2). 104. Portability of benefits (a) In general To ensure continuous access to benefits for health care services covered under this Act, each State health security program— (1) shall not impose any minimum period of residence in the State, or waiting period, in excess of 3 months before residents of the State are entitled to, or eligible for, such benefits under the program; (2) shall provide continuation of payment for covered health care services to individuals who have terminated their residence in the State and established their residence in another State, for the duration of any waiting period imposed in the State of new residency for establishing entitlement to, or eligibility for, such services; and (3) shall provide for the payment for health care services covered under this Act provided to individuals while temporarily absent from the State based on the following principles: (A) Payment for such health care services is at the rate that is approved by the State health security program in the State in which the services are provided, unless the States concerned agree to apportion the cost between them in a different manner. (B) Payment for such health care services provided outside the United States is made on the basis of the amount that would have been paid by the State health security program for similar services rendered in the State, with due regard, in the case of hospital services, to the size of the hospital, standards of service, and other relevant factors. (b) Cross-Border arrangements A State health security program for a State may negotiate with such a program in an adjacent State a reciprocal arrangement for the coverage under such other program of health care services to enrollees residing in the border region. 105. Effective date of benefits Benefits shall first be available under this Act for items and services furnished on or after January 1, 2015. 106. Relationship to existing Federal health programs (a) Medicare, medicaid and State children’s health insurance program (SCHIP) (1) In general Notwithstanding any other provision of law, subject to paragraph (2)— (A) no benefits shall be available under title XVIII of the Social Security Act for any item or service furnished after December 31, 2014; (B) no individual is entitled to medical assistance under a State plan approved under title XIX of such Act for any item or service furnished after such date; (C) no individual is entitled to medical assistance under an SCHIP plan under title XXI of such Act for any item or service furnished after such date; and (D) no payment shall be made to a State under section 1903(a) or 2105(a) of such Act with respect to medical assistance or child health assistance for any item or service furnished after such date. (2) Transition In the case of inpatient hospital services and extended care services during a continuous period of stay which began before January 1, 2015, and which had not ended as of such date, for which benefits are provided under title XVIII, under a State plan under title XIX, or a State child health plan under title XXI, of the Social Security Act , the Secretary of Health and Human Services and each State plan, respectively, shall provide for continuation of benefits under such title or plan until the end of the period of stay. (b) Federal employees health benefits program No benefits shall be made available under chapter 89 of title 5, United States Code, for any part of a coverage period occurring after December 31, 2014. (c) TRICARE No benefits shall be made available under sections 1079 and 1086 of title 10, United States Code, for items or services furnished after December 31, 2014. (d) Treatment of benefits for veterans and native americans Nothing in this Act shall affect the eligibility of veterans for the medical benefits and services provided under title 38, United States Code, or of Indians for the medical benefits and services provided by or through the Indian Health Service. (e) Treatment of premium credits, cost-Sharing reductions, and small employer credits (1) In general For each calendar year, the Secretary of the Treasury shall transfer to the American Health Security Trust Fund an amount equal to the sum of— (A) the premium assistance credit amount which would have been allowable to taxpayers residing in such State in such calendar year under section 36B of the Internal Revenue Code of 1986 (relating to refundable credit for coverage under a qualified health plan), as added by section 1401 of the Patient Protection and Affordable Care Act, if such section were in effect for such year, (B) the amount of cost-sharing reductions which would have been required with respect to eligible insured residing in such State in such calendar year under section 1402 of the Patient Protection and Affordable Care Act if such section were in effect for such year, plus (C) the amount of tax credits which would have been allowable to eligible small employers doing business in such State in such calendar year under section 45R of the Internal Revenue Code of 1986 if such section were in effect for such calendar year. (2) Determination The amounts determined under paragraph (1) shall be estimated by the Secretary of the Treasury in consultation with the Secretary of Health and Human Services. II Comprehensive Benefits, Including Preventive Benefits and Benefits for Long-Term Care 201. Comprehensive benefits (a) In general Subject to the succeeding provisions of this title, individuals enrolled for benefits under this Act are entitled to have payment made under a State health security program for the following items and services if medically necessary or appropriate for the maintenance of health or for the diagnosis, treatment, or rehabilitation of a health condition: (1) Hospital services Inpatient and outpatient hospital care, including 24-hour-a-day emergency services. (2) Professional services Professional services of health care practitioners authorized to provide health care services under State law, including patient education and training in self-management techniques. (3) Community-based primary health services Community-based primary health services (as defined in section 202(a)). (4) Preventive services Preventive services (as defined in section 202(b)). (5) Long-term, acute, and chronic care services (A) Nursing facility services. (B) Home health services. (C) Home and community-based long-term care services (as defined in section 202(c)) for individuals described in section 203(a). (D) Hospice care. (E) Services in intermediate care facilities for individuals with an intellectual disability. (6) Prescription drugs, biologicals, insulin, medical foods (A) Outpatient prescription drugs and biologics, as specified by the Board consistent with section 615. (B) Insulin. (C) Medical foods (as defined in section 202(e)). (7) Dental services Dental services (as defined in section 202(h)). (8) Mental health and substance abuse treatment services Mental health and substance abuse treatment services (as defined in section 202(f)). (9) Diagnostic tests Diagnostic tests. (10) Other items and services (A) Outpatient therapy Outpatient physical therapy services, outpatient speech pathology services, and outpatient occupational therapy services in all settings. (B) Durable medical equipment Durable medical equipment. (C) Home dialysis Home dialysis supplies and equipment. (D) Ambulance Emergency ambulance service. (E) Prosthetic devices Prosthetic devices, including replacements of such devices. (F) Additional items and services Such other medical or health care items or services as the Board may specify. (b) Prohibition of balance billing As provided in section 531, no person may impose a charge for covered services for which benefits are provided under this Act. (c) No duplicate health insurance Each State health security program shall prohibit the sale of health insurance in the State if payment under the insurance duplicates payment for any items or services for which payment may be made under such a program. (d) State program may provide additional benefits Nothing in this Act shall be construed as limiting the benefits that may be made available under a State health security program to residents of the State at the expense of the State. (e) Employers may provide additional benefits Nothing in this Act shall be construed as limiting the additional benefits that an employer may provide to employees or their dependents, or to former employees or their dependents. (f) Taft-Hartley and MEW benefit plans Notwithstanding any other provision of law, a health plan may be provided for under a collective bargaining agreement or a MEWA if such plan is limited to coverage that is supplemental to the coverage provided for under the State-based American Health Security Program and available only to employees or their dependents or to retirees or their dependents. 202. Definitions relating to services (a) Community-Based primary health services In this title, the term community-based primary health services means ambulatory health services furnished— (1) by a rural health clinic; (2) by a federally qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act ), and which, for purposes of this Act, include services furnished by State and local health agencies; (3) in a school-based setting; (4) by public educational agencies and other providers of services to children entitled to assistance under the Individuals with Disabilities Education Act for services furnished pursuant to a written Individualized Family Services Plan or Individual Education Plan under such Act; and (5) public and private nonprofit entities receiving Federal assistance under the Public Health Service Act . (b) Preventive services (1) In general In this title, the term preventive services means items and services— (A) which— (i) are specified in paragraph (2); or (ii) the Board determines to be effective in the maintenance and promotion of health or minimizing the effect of illness, disease, or medical condition; and (B) which are provided consistent with the periodicity schedule established under paragraph (3). (2) Specified preventive services The services specified in this paragraph are as follows: (A) Immunizations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. (B) Prenatal and well-baby care (for infants under 1 year of age). (C) Well-child care (including periodic physical examinations, hearing and vision screening, and developmental screening and examinations) for individuals under 18 years of age, including evidence-informed preventive care and screenings included in the comprehensive guidelines of the Health Resources and Services Administration. (D) Periodic screening mammography, Pap smears, and colorectal examinations and examinations for prostate cancer. (E) Physical examinations. (F) Family planning services. (G) Routine eye examinations, eyeglasses, and contact lenses. (H) Hearing aids, but only upon a determination of a certified audiologist or physician that a hearing problem exists and is caused by a condition that can be corrected by use of a hearing aid. (I) Evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force. (J) With respect to women, such additional preventive care and screenings not described in subparagraph (I) that are included in the comprehensive guidelines of the Health Resources and Services Administration. (3) Schedule The Board shall establish, in consultation with experts in preventive medicine and public health and taking into consideration those preventive services recommended by the Preventive Services Task Force and published as the Guide to Clinical Preventive Services, a periodicity schedule for the coverage of preventive services under paragraph (1). Such schedule shall take into consideration the cost-effectiveness of appropriate preventive care and shall be revised not less frequently than once every 5 years, in consultation with experts in preventive medicine and public health. (c) Home and community-Based long-Term care services In this title, the term home and community-based long-term care services means the following services provided to an individual to enable the individual to remain in such individual’s place of residence within the community: (1) Home health aide services. (2) Adult day health care, social day care or psychiatric day care. (3) Medical social work services. (4) Care coordination services, as defined in subsection (g)(1). (5) Respite care, including training for informal caregivers. (6) Personal assistance services, and homemaker services (including meals) incidental to the provision of personal assistance services. (d) Home health services (1) In general The term home health services means items and services described in section 1861(m) of the Social Security Act and includes home infusion services. (2) Home infusion services The term home infusion services includes the nursing, pharmacy, and related services that are necessary to conduct the home infusion of a drug regimen safely and effectively under a plan established and periodically reviewed by a physician and that are provided in compliance with quality assurance requirements established by the Secretary. (e) Medical foods In this title, the term medical foods means foods which are formulated to be consumed or administered enterally under the supervision of a physician and which are intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation. (f) Mental health and substance abuse treatment services (1) Services described In this title, the term mental health and substance abuse treatment services means the following services related to the prevention, diagnosis, treatment, and rehabilitation of mental illness and promotion of mental health: (A) Inpatient hospital services Inpatient hospital services furnished primarily for the diagnosis or treatment of mental illness or substance abuse for up to 60 days during a year, reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of inpatient residential services furnished to the individual under subparagraph (B) during the year after such services have been furnished to the individual for 120 days during the year (rounded to the nearest day), but only if (with respect to services furnished to an individual described in section 204(b)(1)) such services are furnished in conformity with the plan of an organized system of care for mental health and substance abuse services in accordance with section 204(b)(2). (B) Intensive residential services Intensive residential services (as defined in paragraph (2)) furnished to an individual for up to 120 days during any calendar year, except that— (i) such services may be furnished to the individual for additional days during the year if necessary for the individual to complete a course of treatment to the extent that the number of days of inpatient hospital services described in subparagraph (A) that may be furnished to the individual during the year (as reduced under such subparagraph) is not less than 15; and (ii) reduced by a number of days determined by the Secretary so that the actuarial value of providing such number of days of services under this paragraph to the individual is equal to the actuarial value of the days of intensive community-based services furnished to the individual under subparagraph (D) during the year after such services have been furnished to the individual for 90 days (or, in the case of services described in subparagraph (D)(ii), for 180 days) during the year (rounded to the nearest day). (C) Outpatient services Outpatient treatment services of mental illness or substance abuse (other than intensive community-based services under subparagraph (D)) for an unlimited number of days during any calendar year furnished in accordance with standards established by the Secretary for the management of such services, and, in the case of services furnished to an individual described in section 204(b)(1) who is not an inpatient of a hospital, in conformity with the plan of an organized system of care for mental health and substance abuse services in accordance with section 204(b)(2). (D) Intensive community-based services Intensive community-based services (as described in paragraph (3))— (i) for an unlimited number of days during any calendar year, in the case of services described in section 1861(ff)(2)(E) of the Social Security Act (42 U.S.C. 1395x(ff)(2)(E)) that are furnished to an individual who is a seriously mentally ill adult, a seriously emotionally disturbed child, or an adult or child with serious substance abuse disorder (as determined in accordance with criteria established by the Secretary); (ii) in the case of services described in section 1861(ff)(2)(C) of the Social Security Act ( 42 U.S.C. 1395x(ff)(2)(C) ), for up to 180 days during any calendar year, except that such services may be furnished to the individual for a number of additional days during the year equal to the difference between the total number of days of intensive residential services which the individual may receive during the year under part A (as determined under subparagraph (B)) and the number of days of such services which the individual has received during the year; or (iii) in the case of any other such services, for up to 90 days during any calendar year, except that such services may be furnished to the individual for the number of additional days during the year described in clause (ii). (2) Intensive residential services defined (A) In general Subject to subparagraphs (B) and (C), the term intensive residential services means inpatient services provided in any of the following facilities: (i) Residential detoxification centers. (ii) Crisis residential programs or mental illness residential treatment programs. (iii) Therapeutic family or group treatment homes. (iv) Residential centers for substance abuse treatment. (B) Requirements for facilities No service may be treated as an intensive residential service under subparagraph (A) unless the facility at which the service is provided— (i) is legally authorized to provide such service under the law of the State (or under a State regulatory mechanism provided by State law) in which the facility is located or is certified to provide such service by an appropriate accreditation entity approved by the State in consultation with the Secretary; and (ii) meets such other requirements as the Secretary may impose to ensure the quality of the intensive residential services provided. (C) Services furnished to at-risk children In the case of services furnished to an individual described in section 204(b)(1), no service may be treated as an intensive residential service under this subsection unless the service is furnished in conformity with the plan of an organized system of care for mental health and substance abuse services in accordance with section 204(b)(2). (D) Management standards No service may be treated as an intensive residential service under subparagraph (A) unless the service is furnished in accordance with standards established by the Secretary for the management of such services. (3) Intensive community-based services defined (A) In general The term intensive community-based services means the items and services described in subparagraph (B) prescribed by a physician (or, in the case of services furnished to an individual described in section 204(b)(1), by an organized system of care for mental health and substance abuse services in accordance with such section) and provided under a program described in subparagraph (D) under the supervision of a physician (or, to the extent permitted under the law of the State in which the services are furnished, a non-physician mental health professional) pursuant to an individualized, written plan of treatment established and periodically reviewed by a physician (in consultation with appropriate staff participating in such program) which sets forth the physician’s diagnosis, the type, amount, frequency, and duration of the items and services provided under the plan, and the goals for treatment under the plan, but does not include any item or service that is not furnished in accordance with standards established by the Secretary for the management of such services. (B) Items and services described The items and services described in this subparagraph are— (i) partial hospitalization services consisting of the items and services described in subparagraph (C); (ii) psychiatric rehabilitation services; (iii) day treatment services for individuals under 19 years of age; (iv) in-home services; (v) case management services, including collateral services designated as such case management services by the Secretary; (vi) ambulatory detoxification services; and (vii) such other items and services as the Secretary may provide (but in no event to include meals and transportation), that are reasonable and necessary for the diagnosis or active treatment of the individual’s condition, reasonably expected to improve or maintain the individual’s condition and functional level and to prevent relapse or hospitalization, and furnished pursuant to such guidelines relating to frequency and duration of services as the Secretary shall by regulation establish (taking into account accepted norms of medical practice and the reasonable expectation of patient improvement). (C) Items and services included as partial hospitalization services For purposes of subparagraph (B)(i), partial hospitalization services consist of the following: (i) Individual and group therapy with physicians or psychologists (or other mental health professionals to the extent authorized under State law). (ii) Occupational therapy requiring the skills of a qualified occupational therapist. (iii) Services of social workers, trained psychiatric nurses, behavioral aides, and other staff trained to work with psychiatric patients (to the extent authorized under State law). (iv) Drugs and biologicals furnished for therapeutic purposes (which cannot, as determined in accordance with regulations, be self-administered). (v) Individualized activity therapies that are not primarily recreational or diversionary. (vi) Family counseling (the primary purpose of which is treatment of the individual’s condition). (vii) Patient training and education (to the extent that training and educational activities are closely and clearly related to the individual’s care and treatment). (viii) Diagnostic services. (D) Programs described A program described in this subparagraph is a program (whether facility-based or freestanding) which is furnished by an entity— (i) legally authorized to furnish such a program under State law (or the State regulatory mechanism provided by State law) or certified to furnish such a program by an appropriate accreditation entity approved by the State in consultation with the Secretary; and (ii) meeting such other requirements as the Secretary may impose to ensure the quality of the intensive community-based services provided. (g) Care coordination services (1) In general In this title, the term care coordination services means services provided by care coordinators (as defined in paragraph (2)) to individuals described in paragraph (3) for the coordination and monitoring of home and community-based long-term care services to ensure appropriate, cost-effective utilization of such services in a comprehensive and continuous manner, and includes— (A) transition management between inpatient facilities and community-based services, including assisting patients in identifying and gaining access to appropriate ancillary services; and (B) evaluating and recommending appropriate treatment services, in cooperation with patients and other providers and in conjunction with any quality review program or plan of care under section 205. (2) Care coordinator (A) In general In this title, the term care coordinator means an individual or nonprofit or public agency or organization which the State health security program determines— (i) is capable of performing directly, efficiently, and effectively the duties of a care coordinator described in paragraph (1); and (ii) demonstrates capability in establishing and periodically reviewing and revising plans of care, and in arranging for and monitoring the provision and quality of services under any plan. (B) Independence State health security programs shall establish safeguards to ensure that care coordinators have no financial interest in treatment decisions or placements. Care coordination may not be provided through any structure or mechanism through which quality review is performed. (3) Eligible individuals An individual described in this paragraph is an individual described in section 203 (relating to individuals qualifying for long-term and chronic care services). (h) Dental services (1) In general In this title, subject to subsection (b), the term dental services means the following: (A) Emergency dental treatment, including extractions, for bleeding, pain, acute infections, and injuries to the maxillofacial region. (B) Prevention and diagnosis of dental disease, including examinations of the hard and soft tissues of the oral cavity and related structures, radiographs, dental sealants, fluorides, and dental prophylaxis. (C) Treatment of dental disease, including non-cast fillings, periodontal maintenance services, and endodontic services. (D) Space maintenance procedures to prevent orthodontic complications. (E) Orthodontic treatment to prevent severe malocclusions. (F) Full dentures. (G) Medically necessary oral health care. (H) Any items and services for special needs patients that are not described in subparagraphs (A) through (G) and that— (i) are required to provide such patients the items and services described in subparagraphs (A) through (G); (ii) are required to establish oral function (including general anesthesia for individuals with physical or emotional limitations that prevent the provision of dental care without such anesthesia); (iii) consist of orthodontic care for severe dentofacial abnormalities; or (iv) consist of prosthetic dental devices for genetic or birth defects or fitting for such devices. (I) Any dental care for individuals with a seizure disorder that is not described in subparagraphs (A) through (H) and that is required because of an illness, injury, disorder, or other health condition that results from such seizure disorder. (2) Limitations Dental services are subject to the following limitations: (A) Prevention and diagnosis (i) Examinations and prophylaxis The examinations and prophylaxis described in paragraph (1)(B) are covered only consistent with a periodicity schedule established by the Board, which schedule may provide for special treatment of individuals less than 18 years of age and of special needs patients. (ii) Dental sealants The dental sealants described in such paragraph are not covered for individuals 18 years of age or older. Such sealants are covered for individuals less than 10 years of age for protection of the 1st permanent molars. Such sealants are covered for individuals 10 years of age or older for protection of the 2d permanent molars. (B) Treatment of dental disease Prior to January 1, 2020, the items and services described in paragraph (1)(C) are covered only for individuals less than 18 years of age and special needs patients. On or after such date, such items and services are covered for all individuals enrolled for benefits under this Act, except that endodontic services are not covered for individuals 18 years of age or older. (C) Space maintenance The items and services described in paragraph (1)(D) are covered only for individuals at least 3 years of age, but less than 13 years of age and— (i) are limited to posterior teeth; (ii) involve maintenance of a space or spaces for permanent posterior teeth that would otherwise be prevented from normal eruption if the space were not maintained; and (iii) do not include a space maintainer that is placed within 6 months of the expected eruption of the permanent posterior tooth concerned. (3) Definitions For purposes of this title: (A) Medically necessary oral health care The term medically necessary oral health care means oral health care that is required as a direct result of, or would have a direct impact on, an underlying medical condition. Such term includes oral health care directed toward control or elimination of pain, infection, or reestablishment of oral function. (B) Special needs patient The term special needs patient includes an individual with a genetic or birth defect, a developmental disability, or an acquired medical disability. (i) Nursing facility; nursing facility services Except as may be provided by the Board, the terms nursing facility and nursing facility services have the meanings given such terms in sections 1919(a) and 1905(f), respectively, of the Social Security Act . (j) Services in intermediate care facilities for individuals with an intellectual disability Except as may be provided by the Board— (1) the term intermediate care facility for individuals with an intellectual disability has the meaning given the term intermediate care facility for individuals with mental retardation in section 1905(d) of the Social Security Act (as in effect before the enactment of this Act); and (2) the term services in intermediate care facilities for individuals with an intellectual disability means services described in section 1905(a)(15) of such Act (as so in effect) in an intermediate care facility for individuals with an intellectual disability to an individual determined to require such services in accordance with standards specified by the Board and comparable to the standards described in section 1902(a)(31)(A) of such Act (as so in effect). (k) Other terms Except as may be provided by the Board, the definitions contained in section 1861 of the Social Security Act shall apply. 203. Special rules for home and community-based long-term care services (a) Qualifying individuals For purposes of section 201(a)(5)(C), individuals described in this subsection are the following individuals: (1) Adults Individuals 18 years of age or older determined (in a manner specified by the Board)— (A) to be unable to perform, without the assistance of an individual, at least 2 of the following 5 activities of daily living (or who has a similar level of disability due to cognitive impairment)— (i) bathing; (ii) eating; (iii) dressing; (iv) toileting; and (v) transferring in and out of a bed or in and out of a chair; (B) due to cognitive or mental impairments, to require supervision because the individual behaves in a manner that poses health or safety hazards to himself or herself or others; or (C) due to cognitive or mental impairments, to require queuing to perform activities of daily living. (2) Children Individuals under 18 years of age determined (in a manner specified by the Board) to meet such alternative standard of disability for children as the Board develops. Such alternative standard shall be comparable to the standard for adults and appropriate for children. (b) Limit on services (1) In general The aggregate expenditures by a State health security program with respect to home and community-based long-term care services in a period (specified by the Board) may not exceed 65 percent (or such alternative ratio as the Board establishes under paragraph (2)) of the average of the amount of payment that would have been made under the program during the period if all the home-based long-term care beneficiaries had been residents of nursing facilities in the same area in which the services were provided. (2) Alternative ratio The Board may establish for purposes of paragraph (1) an alternative ratio (of payments for home and community-based long-term care services to payments for nursing facility services) as the Board determines to be more consistent with the goal of providing cost-effective long-term care in the most appropriate and least restrictive setting. 204. Exclusions and limitations (a) In general Subject to section 201(e), benefits for service are not available under this Act unless the services meet the standards specified in section 201(a). (b) Special delivery requirements for mental health and substance abuse treatment services provided to At-Risk children (1) Requiring services to be provided through organized systems of care A State health security program shall ensure that mental health services and substance abuse treatment services are furnished through an organized system of care, as described in paragraph (2), if— (A) the services are provided to an individual less than 22 years of age; (B) the individual has a serious emotional disturbance or a substance abuse disorder; and (C) the individual is, or is at imminent risk of being, subject to the authority of, or in need of the services of, at least 1 public agency that serves the needs of children, including an agency involved with child welfare, special education, juvenile justice, or criminal justice. (2) Requirements for system of care In this subsection, an organized system of care is a community-based service delivery network, which may consist of public and private providers, that meets the following requirements: (A) The system has established linkages with existing mental health services and substance abuse treatment service delivery programs in the plan service area (or is in the process of developing or operating a system with appropriate public agencies in the area to coordinate the delivery of such services to individuals in the area). (B) The system provides for the participation and coordination of multiple agencies and providers that serve the needs of children in the area, including agencies and providers involved with child welfare, education, juvenile justice, criminal justice, health care, mental health, and substance abuse prevention and treatment. (C) The system provides for the involvement of the families of children to whom mental health services and substance abuse treatment services are provided in the planning of treatment and the delivery of services. (D) The system provides for the development and implementation of individualized treatment plans by multidisciplinary and multiagency teams, which are recognized and followed by the applicable agencies and providers in the area. (E) The system ensures the delivery and coordination of the range of mental health services and substance abuse treatment services required by individuals under 22 years of age who have a serious emotional disturbance or a substance abuse disorder. (F) The system provides for the management of the individualized treatment plans described in subparagraph (D) and for a flexible response to changes in treatment needs over time. (c) Treatment of experimental services In applying subsection (a), the Board shall make national coverage determinations with respect to those services that are experimental in nature. Such determinations shall be made consistent with a process that provides for input from representatives of health care professionals and patients and public comment. (d) Application of practice guidelines In the case of services for which the American Health Security Quality Council (established under section 501) has recognized a national practice guideline, the services are considered to meet the standards specified in section 201(a) if they have been provided in accordance with such guideline or in accordance with such guidelines as are provided by the State health security program consistent with title V. For purposes of this subsection, a service shall be considered to have been provided in accordance with a practice guideline if the health care provider providing the service exercised appropriate professional discretion to deviate from the guideline in a manner authorized or anticipated by the guideline. (e) Specific limitations (1) Limitations on eyeglasses, contact lenses, hearing aids, and durable medical equipment Subject to section 201(e), the Board may impose such limits relating to the costs and frequency of replacement of eyeglasses, contact lenses, hearing aids, and durable medical equipment to which individuals enrolled for benefits under this Act are entitled to have payment made under a State health security program as the Board deems appropriate. (2) Overlap with preventive services The coverage of services described in section 201(a) (other than paragraph (3)) which also are preventive services are required to be covered only to the extent that they are required to be covered as preventive services. (3) Miscellaneous exclusions from covered services Covered services under this Act do not include the following: (A) Surgery and other procedures (such as orthodontia) performed solely for cosmetic purposes (as defined in regulations) and hospital or other services incident thereto, unless— (i) required to correct a congenital anomaly; (ii) required to restore or correct a part of the body which has been altered as a result of accidental injury, disease, or surgery; or (iii) otherwise determined to be medically necessary and appropriate under section 201(a). (B) Personal comfort items or private rooms in inpatient facilities, unless determined to be medically necessary and appropriate under section 201(a). (C) The services of a professional practitioner if they are furnished in a hospital or other facility which is not a participating provider. (f) Nursing facility services and home health services Nursing facility services and home health services (other than post-hospital services, as defined by the Board) furnished to an individual who is not described in section 203(a) are not covered services unless the services are determined to meet the standards specified in section 201(a) and, with respect to nursing facility services, to be provided in the least restrictive and most appropriate setting. 205. Certification; quality review; plans of care (a) Certifications State health security programs may require, as a condition of payment for institutional health care services and other services of the type described in such sections 1814(a) and 1835(a) of the Social Security Act , periodic professional certifications of the kind described in such sections. (b) Quality review For the requirement that each State health security program establish a quality review program that meets the requirements for such a program under title V, see section 404(b)(1)(H). (c) Plan of care requirements A State health security program may require, consistent with standards established by the Board, that payment for services exceeding specified levels or duration be provided only as consistent with a plan of care or treatment formulated by one or more providers of the services or other qualified professionals. Such a plan may include, consistent with subsection (b), case management at specified intervals as a further condition of payment for services. III Provider Participation 301. Provider participation and standards (a) In general An individual or other entity furnishing any covered service under a State health security program under this Act is not a qualified provider unless the individual or entity— (1) is a qualified provider of the services under section 302; (2) has filed with the State health security program a participation agreement described in subsection (b); and (3) meets such other qualifications and conditions as are established by the Board or the State health security program under this Act. (b) Requirements in participation agreement (1) In general A participation agreement described in this subsection between a State health security program and a provider shall provide at least for the following: (A) Services to eligible persons will be furnished by the provider without discrimination on the ground of race, national origin, income, religion, age, sex or sexual orientation, disability, handicapping condition, or (subject to the professional qualifications of the provider) illness. Nothing in this subparagraph shall be construed as requiring the provision of a type or class of services which services are outside the scope of the provider’s normal practice. (B) No charge will be made for any covered services other than for payment authorized by this Act. (C) The provider agrees to furnish such information as may be reasonably required by the Board or a State health security program, in accordance with uniform reporting standards established under section 401(g)(1), for— (i) quality review by designated entities; (ii) the making of payments under this Act (including the examination of records as may be necessary for the verification of information on which payments are based); (iii) statistical or other studies required for the implementation of this Act; and (iv) such other purposes as the Board or State may specify. (D) The provider agrees not to bill the program for any services for which benefits are not available because of section 204(d). (E) In the case of a provider that is not an individual, the provider agrees not to employ or use for the provision of health services any individual or other provider who or which has had a participation agreement under this subsection terminated for cause. (F) In the case of a provider paid under a fee-for-service basis under section 612, the provider agrees to submit bills and any required supporting documentation relating to the provision of covered services within 30 days (or such shorter period as a State health security program may require) after the date of providing such services. (2) Termination of participation agreements (A) In general Participation agreements may be terminated, with appropriate notice— (i) by the Board or a State health security program for failure to meet the requirements of this title; or (ii) by a provider. (B) Termination process Providers shall be provided notice and a reasonable opportunity to correct deficiencies before the Board or a State health security program terminates an agreement unless a more immediate termination is required for public safety or similar reasons. 302. Qualifications for providers (a) In general A health care provider is considered to be qualified to provide covered services if the provider is licensed or certified and meets— (1) all the requirements of State law to provide such services; (2) applicable requirements of Federal law to provide such services; and (3) any applicable standards established under subsection (b). (b) Minimum provider standards (1) In general The Board shall establish, evaluate, and update national minimum standards to ensure the quality of services provided under this Act and to monitor efforts by State health security programs to ensure the quality of such services. A State health security program may also establish additional minimum standards which providers shall meet. (2) National minimum standards The national minimum standards under paragraph (1) shall be established for institutional providers of services, individual health care practitioners, and comprehensive health service organizations. Except as the Board may specify in order to carry out this title, a hospital, nursing facility, or other institutional provider of services shall meet standards for such a facility under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) . Such standards also may include, where appropriate, elements relating to— (A) adequacy and quality of facilities; (B) training and competence of personnel (including continuing education requirements); (C) comprehensiveness of service; (D) continuity of service; (E) patient satisfaction (including waiting time and access to services); and (F) performance standards (including organization, facilities, structure of services, efficiency of operation, and outcome in palliation, improvement of health, stabilization, cure, or rehabilitation). (3) Transition in application If the Board provides for additional requirements for providers under this subsection, any such additional requirement shall be implemented in a manner that provides for a reasonable period during which a previously qualified provider is permitted to meet such an additional requirement. (4) Exchange of information The Board shall provide for an exchange, at least annually, among State health security programs of information with respect to quality assurance and cost containment. 303. Qualifications for comprehensive health service organizations (a) In general For purposes of this Act, a comprehensive health service organization (in this section referred to as a CHSO ) is a public or private organization which, in return for a capitated payment amount, undertakes to furnish, arrange for the provision of, or provide payment with respect to— (1) a full range of health services (as identified by the Board), including at least hospital services and physicians services; and (2) out-of-area coverage in the case of urgently needed services; to an identified population which is living in or near a specified service area and which enrolls voluntarily in the organization. (b) Enrollment (1) In general All eligible persons living in or near the specified service area of a CHSO are eligible to enroll in the organization; except that the number of enrollees may be limited to avoid overtaxing the resources of the organization. (2) Minimum enrollment period Subject to paragraph (3), the minimum period of enrollment with a CHSO shall be 1 year, unless the enrolled individual becomes ineligible to enroll with the organization. (3) Withdrawal for cause Each CHSO shall permit an enrolled individual to disenroll from the organization for cause at any time. (c) Requirements for CHSOs (1) Accessible services Each CHSO, to the maximum extent feasible, shall make all health services readily and promptly accessible to enrollees who live in the specified service area. (2) Continuity of care Each CHSO shall furnish services in such manner as to provide continuity of care and (when services are furnished by different providers) shall provide ready referral of patients to such services and at such times as may be medically appropriate. (3) Board of directors In the case of a CHSO that is a private organization— (A) Consumer representation At least one-third of the members of the CHSO’s board of directors shall be consumer members with no direct or indirect, personal or family financial relationship to the organization. (B) Provider representation The CHSO’s board of directors shall include at least one member who represents health care providers. (4) Patient grievance program Each CHSO shall have in effect a patient grievance program and shall conduct regularly surveys of the satisfaction of members with services provided by or through the organization. (5) Medical standards Each CHSO shall provide that a committee or committees of health care practitioners associated with the organization will promulgate medical standards, oversee the professional aspects of the delivery of care, perform the functions of a pharmacy and drug therapeutics committee, and monitor and review the quality of all health services (including drugs, education, and preventive services). (6) Quality and other reporting requirements (A) In general The Board shall determine appropriate measures to assess the quality of care furnished by the CHSO, such as measures of— (i) clinical processes and outcomes; (ii) patient and, where practicable, caregiver experience of care; and (iii) utilization (such as rates of hospital admissions for ambulatory care sensitive conditions). (B) Other duties The CHSO shall— (i) define processes to promote evidence-based medicine and patient engagement, report on quality and cost measures, and coordinate care, such as through the use of telehealth, remote patient monitoring, and other such enabling technologies; and (ii) demonstrate to the Board that the CHSO meets patient-centeredness criteria specified by the Board, such as the use of patient and caregiver assessments or the use of individualized care plans. (C) Reporting requirements A CHSO shall submit data in a form and manner specified by the Board on measures the Board determines necessary in order to evaluate the quality of care furnished by the CHSO. Such data may include care transitions across health care settings, including hospital discharge planning and post-hospital discharge follow-up by CHSO professionals, as the Board determines appropriate. (D) Quality performance standards The Board shall establish quality performance standards to assess the quality of care furnished by CHSOs and shall seek to improve the quality of care furnished by CHSOs over time by specifying higher standards, new measures, or both for purposes of assessing such quality of care. (7) Premiums Premiums or other charges by a CHSO for any services not paid for under this Act shall be reasonable. (8) Utilization and bonus information Each CHSO shall— (A) comply with the requirements of section 1876(i)(8) of the Social Security Act (relating to prohibiting physician incentive plans that provide specific inducements to reduce or limit medically necessary services); and (B) make available to its membership utilization information and data regarding financial performance, including bonus or incentive payment arrangements to practitioners. (9) Provision of services to enrollees at institutions operating under global budgets The organization shall arrange to reimburse for hospital services and other facility-based services (as identified by the Board) for services provided to members of the organization in accordance with the global operating budget of the hospital or facility approved under section 611. (10) Broad marketing Each CHSO shall provide for the marketing of its services (including dissemination of marketing materials) to potential enrollees in a manner that is designed to enroll individuals representative of the different population groups and geographic areas included within its service area and meets such requirements as the Board or a State health security program may specify. (11) Additional requirements Each CHSO shall meet— (A) such requirements relating to minimum enrollment; (B) such requirements relating to financial solvency; (C) such requirements relating to quality and availability of care; and (D) such other requirements, as the Board or a State health security program may specify. (d) Provision of emergency services to nonenrollees A CHSO may furnish emergency services to persons who are not enrolled in the organization. Payment for such services, if they are covered services to eligible persons, shall be made to the organization unless the organization requests that it be made to the individual provider who furnished the services. 304. Limitation on certain physician referrals (a) Application to American Health Security Program Section 1877 of the Social Security Act , as amended by subsections (b) and (c), shall apply under this Act in the same manner as it applies under title XVIII of the Social Security Act ; except that in applying such section under this Act any references in such section to the Secretary or title XVIII of the Social Security Act are deemed references to the Board and the American Health Security Program under this Act, respectively. (b) Expansion of prohibition to certain additional designated services Section 1877(h)(6) of the Social Security Act ( 42 U.S.C. 1395nn(h)(6) ) is amended by adding at the end the following: (M) Ambulance services. (N) Home infusion therapy services. . (c) Conforming amendments Section 1877 of such Act is further amended— (1) in subsection (a)(1)(A), by striking for which payment otherwise may be made under this title and inserting for which a charge is imposed ; (2) in subsection (a)(1)(B), by striking under this title ; (3) by amending paragraph (1) of subsection (g) to read as follows: (1) Denial of payment No payment may be made under a State health security program for a designated health service for which a claim is presented in violation of subsection (a)(1)(B). No individual, third-party payor, or other entity is liable for payment for designated health services for which a claim is presented in violation of such subsection. ; and (4) in subsection (g)(3), by striking for which payment may not be made under paragraph (1) and inserting for which such a claim may not be presented under subsection (a)(1) . IV Administration A General Administrative Provisions 401. American Health Security Standards Board (a) Establishment There is hereby established an American Health Security Standards Board. (b) Appointment and terms of members (1) In general The Board shall be composed of— (A) the Secretary of Health and Human Services; and (B) 6 other individuals (described in paragraph (2)) appointed by the President with the advice and consent of the Senate. The President shall first nominate individuals under subparagraph (B) on a timely basis so as to provide for the operation of the Board by not later than January 1, 2014. (2) Selection of appointed members With respect to the individuals appointed under paragraph (1)(B): (A) The members shall be chosen on the basis of backgrounds in health policy, health economics, the healing professions, and the administration of health care institutions. (B) The members shall provide a balanced point of view with respect to the various health care interests and at least 2 of them shall represent the interests of individual consumers. (C) At least 1 member shall have a nursing background. (D) Not more than 3 members shall be from the same political party. (E) To the greatest extent feasible, the members shall represent the various geographic regions of the United States and shall reflect the racial, ethnic, and gender composition of the population of the United States. (3) Terms of appointed members Individuals appointed under paragraph (1)(B) shall serve for a term of 6 years, except that the terms of 5 of the individuals initially appointed shall be, as designated by the President at the time of their appointment, for 1, 2, 3, 4, and 5 years. During a term of membership on the Board, no member shall engage in any other business, vocation or employment. (c) Vacancies (1) In general The President shall fill any vacancy in the membership of the Board in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Board. (2) Vacancy appointments Any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Reappointment The President may reappoint an appointed member of the Board for a second term in the same manner as the original appointment. A member who has served for 2 consecutive 6-year terms shall not be eligible for reappointment until 2 years after the member has ceased to serve. (4) Removal for cause Upon confirmation, members of the Board may not be removed except by the President for cause. (d) Chair The President shall designate 1 of the members of the Board, other than the Secretary, to serve at the will of the President as Chair of the Board. (e) Compensation Members of the Board (other than the Secretary) shall be entitled to compensation at a level equivalent to level II of the Executive Schedule, in accordance with section 5313 of title 5, United States Code. (f) General duties of the Board (1) In general The Board shall develop policies, procedures, guidelines, and requirements to carry out this Act, including those related to— (A) eligibility; (B) enrollment; (C) benefits; (D) provider participation standards and qualifications, as defined in title III; (E) national and State funding levels; (F) methods for determining amounts of payments to providers of covered services, consistent with subtitle B of title VI; (G) the determination of medical necessity and appropriateness with respect to coverage of certain services; (H) assisting State health security programs with planning for capital expenditures and service delivery; (I) planning for health professional education funding (as specified in title VI); (J) allocating funds provided under title VII; and (K) encouraging States to develop regional planning mechanisms (described in section 404(a)(3)). (2) Regulations Regulations authorized by this Act shall be issued by the Board in accordance with the provisions of section 553 of title 5, United States Code. (g) Uniform reporting standards; annual report; studies (1) Uniform reporting standards (A) In general The Board shall establish uniform reporting requirements and standards to ensure an adequate national data base regarding health services practitioners, services and finances of State health security programs, approved plans, providers, and the costs of facilities and practitioners providing services. Such standards shall include, to the maximum extent feasible, health outcome measures. (B) Reports The Board shall analyze regularly information reported to it, and to State health security programs pursuant to such requirements and standards. (2) Annual report Beginning January 1, of the second year beginning after the date of the enactment of this Act, the Board shall annually report to Congress on the following: (A) The status of implementation of the Act. (B) Enrollment under this Act. (C) Benefits under this Act. (D) Expenditures and financing under this Act. (E) Cost-containment measures and achievements under this Act. (F) Quality assurance. (G) Health care utilization patterns, including any changes attributable to the program. (H) Long-range plans and goals for the delivery of health services. (I) Differences in the health status of the populations of the different States, including income and racial characteristics. (J) Necessary changes in the education of health personnel. (K) Plans for improving service to medically underserved populations. (L) Transition problems as a result of implementation of this Act. (M) Opportunities for improvements under this Act. (3) Statistical analyses and other studies The Board may, either directly or by contract— (A) make statistical and other studies, on a nationwide, regional, State, or local basis, of any aspect of the operation of this Act, including studies of the effect of the Act upon the health of the people of the United States and the effect of comprehensive health services upon the health of persons receiving such services; (B) develop and test methods of providing through payment for services or otherwise, additional incentives for adherence by providers to standards of adequacy, access, and quality; methods of consumer and peer review and peer control of the utilization of drugs, of laboratory services, and of other services; and methods of consumer and peer review of the quality of services; (C) develop and test, for use by the Board, records and information retrieval systems and budget systems for health services administration, and develop and test model systems for use by providers of services; (D) develop and test, for use by providers of services, records and information retrieval systems useful in the furnishing of preventive or diagnostic services; (E) develop, in collaboration with the pharmaceutical profession, and test, improved administrative practices or improved methods for the reimbursement of independent pharmacies for the cost of furnishing drugs as a covered service; and (F) make such other studies as it may consider necessary or promising for the evaluation, or for the improvement, of the operation of this Act. (4) Report on use of existing Federal health care facilities Not later than 1 year after the date of the enactment of this Act, the Board shall recommend to Congress one or more proposals for the treatment of health care facilities of the Federal Government. (h) Executive Director (1) Appointment There is hereby established the position of Executive Director of the Board. The Director shall be appointed by the Board and shall serve as secretary to the Board and perform such duties in the administration of this title as the Board may assign. (2) Delegation The Board is authorized to delegate to the Director or to any other officer or employee of the Board or, with the approval of the Secretary of Health and Human Services (and subject to reimbursement of identifiable costs), to any other officer or employee of the Department of Health and Human Services, any of its functions or duties under this Act other than— (A) the issuance of regulations; or (B) the determination of the availability of funds and their allocation to implement this Act. (3) Compensation The Executive Director of the Board shall be entitled to compensation at a level equivalent to level III of the Executive Schedule, in accordance with section 5314 of title 5, United States Code. (i) Inspector General The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 12(1), by inserting after Corporation; the first place it appears the following: the Chair of the American Health Security Standards Board; ; (2) in section 12(2), by inserting after Resolution Trust Corporation, the following: the American Health Security Standards Board, ; and (3) by inserting before section 9 the following: 8M. Special provisions concerning American Health Security Standards Board The Inspector General of the American Health Security Standards Board, in addition to the other authorities vested by this Act, shall have the same authority, with respect to the Board and the American Health Security Program under this Act, as the Inspector General for the Department of Health and Human Services has with respect to the Secretary of Health and Human Services and the medicare and medicaid programs, respectively. . (j) Staff The Board shall employ such staff as the Board may deem necessary. (k) Access to information The Secretary of Health and Human Services shall make available to the Board all information available from sources within the Department or from other sources, pertaining to the duties of the Board. 402. American Health Security Advisory Council (a) In general The Board shall provide for an American Health Security Advisory Council (in this section referred to as the Council ) to advise the Board on its activities. (b) Membership The Council shall be composed of— (1) the Chair of the Board, who shall serve as Chair of the Council; and (2) 20 members, not otherwise in the employ of the United States, appointed by the Board without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The appointed members shall include, in accordance with subsection (e), individuals who are representative of State health security programs, public health professionals, providers of health services, and of individuals (who shall constitute a majority of the Council) who are representative of consumers of such services, including a balanced representation of employers, unions, consumer organizations, and population groups with special health care needs. To the greatest extent feasible, the membership of the Council shall represent the various geographic regions of the United States and shall reflect the racial, ethnic, and gender composition of the population of the United States. (c) Terms of members Each appointed member shall hold office for a term of 4 years, except that— (1) any member appointed to fill a vacancy occurring during the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term; and (2) the terms of the members first taking office shall expire, as designated by the Board at the time of appointment, at the end of the first year with respect to 5 members, at the end of the second year with respect to 5 members, at the end of the third year with respect to 5 members, and at the end of the fourth year with respect to 5 members after the date of enactment of this Act. (d) Vacancies (1) In general The Board shall fill any vacancy in the membership of the Council in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (2) Vacancy appointments Any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Reappointment The Board may reappoint an appointed member of the Council for a second term in the same manner as the original appointment. (e) Qualifications (1) Public health representatives Members of the Council who are representative of State health security programs and public health professionals shall be individuals who have extensive experience in the financing and delivery of care under public health programs. (2) Providers Members of the Council who are representative of providers of health care shall be individuals who are outstanding in fields related to medical, hospital, or other health activities, or who are representative of organizations or associations of professional health practitioners. (3) Consumers Members who are representative of consumers of such care shall be individuals, not engaged in and having no financial interest in the furnishing of health services, who are familiar with the needs of various segments of the population for personal health services and are experienced in dealing with problems associated with the consumption of such services. (f) Duties (1) In general It shall be the duty of the Council— (A) to advise the Board on matters of general policy in the administration of this Act, in the formulation of regulations, and in the performance of the Board’s duties under section 401; and (B) to study the operation of this Act and the utilization of health services under it, with a view to recommending any changes in the administration of the Act or in its provisions which may appear desirable. (2) Report The Council shall make an annual report to the Board on the performance of its functions, including any recommendations it may have with respect thereto, and the Board shall promptly transmit the report to the Congress, together with a report by the Board on any recommendations of the Council that have not been followed. (g) Staff The Council, its members, and any committees of the Council shall be provided with such secretarial, clerical, or other assistance as may be authorized by the Board for carrying out their respective functions. (h) Meetings The Council shall meet as frequently as the Board deems necessary, but not less than 4 times each year. Upon request by 7 or more members it shall be the duty of the Chair to call a meeting of the Council. (i) Compensation Members of the Council shall be reimbursed by the Board for travel and per diem in lieu of subsistence expenses during the performance of duties of the Board in accordance with subchapter I of chapter 57 of title 5, United States Code. (j) FACA not applicable The provisions of the Federal Advisory Committee Act shall not apply to the Council. 403. Consultation with private entities The Secretary and the Board shall consult with private entities, such as professional societies, national associations, nationally recognized associations of experts, medical schools and academic health centers, consumer groups, and labor and business organizations in the formulation of guidelines, regulations, policy initiatives, and information gathering to ensure the broadest and most informed input in the administration of this Act. Nothing in this Act shall prevent the Secretary from adopting guidelines developed by such a private entity if, in the Secretary’s and Board’s judgment, such guidelines are generally accepted as reasonable and prudent and consistent with this Act. 404. State health security programs (a) Submission of plans (1) In general Each State shall submit to the Board a plan for a State health security program for providing for health care services to the residents of the State in accordance with this Act. (2) Regional programs A State may join with 1 or more neighboring States to submit to the Board a plan for a regional health security program instead of separate State health security programs. (3) Regional planning mechanisms The Board shall provide incentives for States to develop regional planning mechanisms to promote the rational distribution of, adequate access to, and efficient use of, tertiary care facilities, equipment, and services. (4) States that fail to submit a plan In the case of a State that fails to submit a plan as required under this subsection, the American Health Security Standards Board Authority shall develop a plan for a State health security program in such State. (b) Review and approval of plans (1) In general The Board shall review plans submitted under subsection (a) and determine whether such plans meet the requirements for approval. The Board shall not approve such a plan unless it finds that the plan (or State law) provides, consistent with the provisions of this Act, for the following: (A) Payment for required health services for eligible individuals in the State in accordance with this Act. (B) Adequate administration, including the designation of a single State agency responsible for the administration (or supervision of the administration) of the program. (C) The establishment of a State health security budget. (D) Establishment of payment methodologies (consistent with subtitle B of title VII). (E) Assurances that individuals have the freedom to choose practitioners and other health care providers for services covered under this Act. (F) A procedure for carrying out long-term regional management and planning functions with respect to the delivery and distribution of health care services that— (i) ensures participation of consumers of health services and providers of health services; and (ii) gives priority to the most acute shortages and maldistributions of health personnel and facilities and the most serious deficiencies in the delivery of covered services and to the means for the speedy alleviation of these shortcomings. (G) The licensure and regulation of all health providers and facilities to ensure compliance with Federal and State laws and to promote quality of care. (H) Establishment of a quality review system in accordance with section 503. (I) Establishment of an independent ombudsman for consumers to register complaints about the organization and administration of the State health security program and to help resolve complaints and disputes between consumers and providers. (J) Publication of an annual report on the operation of the State health security program, which report shall include information on cost, progress towards achieving full enrollment, public access to health services, quality review, health outcomes, health professional training, and the needs of medically underserved populations. (K) Provision of a fraud and abuse prevention and control unit that the Inspector General determines meets the requirements of section 412(a). (L) Prohibit payment in cases of prohibited physician referrals under section 304. (2) Consequences of failure to comply If the Board finds that a State plan submitted under paragraph (1) does not meet the requirements for approval under this section or that a State health security program or specific portion of such program, the plan for which was previously approved, no longer meets such requirements, the Board shall provide notice to the State of such failure and that unless corrective action is taken within a period specified by the Board, the Board shall place the State health security program (or specific portions of such program) in receivership under the jurisdiction of the Board. (c) State Health Security Advisory Councils (1) In general For each State, the Governor shall provide for appointment of a State Health Security Advisory Council to advise and make recommendations to the Governor and State with respect to the implementation of the State health security program in the State. (2) Membership Each State Health Security Advisory Council shall be composed of at least 11 individuals. The appointed members shall include individuals who are representative of the State health security program, public health professionals, providers of health services, and of individuals (who shall constitute a majority) who are representative of consumers of such services, including a balanced representation of employers, unions and consumer organizations. To the greatest extent feasible, the membership of each State Health Security Advisory Council shall represent the various geographic regions of the State and shall reflect the racial, ethnic, and gender composition of the population of the State. (3) Duties (A) In general Each State Health Security Advisory Council shall review, and submit comments to the Governor concerning the implementation of the State health security program in the State. (B) Assistance Each State Health Security Advisory Council shall provide assistance and technical support to community organizations and public and private non-profit agencies submitting applications for funding under appropriate State and Federal public health programs, with particular emphasis placed on assisting those applicants with broad consumer representation. (d) State use of fiscal agents (1) In general Each State health security program, using competitive bidding procedures, may enter into such contracts with qualified entities, such as voluntary associations, as the State determines to be appropriate to process claims and to perform other related functions of fiscal agents under the State health security program. (2) Restriction Except as the Board may provide for good cause shown, in no case may more than 1 contract described in paragraph (1) be entered into under a State health security program. 405. Complementary conduct of related health programs In performing functions with respect to health personnel education and training, health research, environmental health, disability insurance, vocational rehabilitation, the regulation of food and drugs, and all other matters pertaining to health, the Secretary of Health and Human Services shall direct all activities of the Department of Health and Human Services toward contributions to the health of the people complementary to this Act. B Control over Fraud and Abuse 411. Application of Federal sanctions to all fraud and abuse under American Health Security Program The following sections of the Social Security Act shall apply to State health security programs in the same manner as they apply to State medical assistance plans under title XIX of such Act (except that in applying such provisions any reference to the Secretary is deemed a reference to the Board): (1) Section 1128 (relating to exclusion of individuals and entities). (2) Section 1128A (civil monetary penalties). (3) Section 1128B (criminal penalties). (4) Section 1124 (relating to disclosure of ownership and related information). (5) Section 1126 (relating to disclosure of certain owners). 412. Requirements for operation of State health care fraud and abuse control units (a) Requirement In order to meet the requirement of section 404(b)(1)(K), each State health security program shall establish and maintain a health care fraud and abuse control unit (in this section referred to as a fraud unit ) that meets requirements of this section and other requirements of the Board. Such a unit may be a State medicaid fraud control unit (described in section 1903(q) of the Social Security Act ). (b) Structure of unit The fraud unit shall— (1) be a single identifiable entity of the State government; (2) be separate and distinct from the State agency with principal responsibility for the administration of the State health security program; and (3) meet one of the following requirements: (A) It shall be a unit of the office of the State Attorney General or of another department of State government which possesses statewide authority to prosecute individuals for criminal violations. (B) If it is in a State the constitution of which does not provide for the criminal prosecution of individuals by a statewide authority and has formal procedures, approved by the Board, that— (i) assure its referral of suspected criminal violations relating to the State health insurance plan to the appropriate authority or authorities in the States for prosecution; and (ii) assure its assistance of, and coordination with, such authority or authorities in such prosecutions. (C) It shall have a formal working relationship with the office of the State Attorney General and have formal procedures (including procedures for its referral of suspected criminal violations to such office) which are approved by the Board and which provide effective coordination of activities between the fraud unit and such office with respect to the detection, investigation, and prosecution of suspected criminal violations relating to the State health insurance plan. (c) Functions The fraud unit shall— (1) have the function of conducting a statewide program for the investigation and prosecution of violations of all applicable State laws regarding any and all aspects of fraud in connection with any aspect of the provision of health care services and activities of providers of such services under the State health security program; (2) have procedures for reviewing complaints of the abuse and neglect of patients of providers and facilities that receive payments under the State health security program, and, where appropriate, for acting upon such complaints under the criminal laws of the State or for referring them to other State agencies for action; and (3) provide for the collection, or referral for collection to a single State agency, of overpayments that are made under the State health security program to providers and that are discovered by the fraud unit in carrying out its activities. (d) Resources The fraud unit shall— (1) employ such auditors, attorneys, investigators, and other necessary personnel; (2) be organized in such a manner; and (3) provide sufficient resources (as specified by the Board), as is necessary to promote the effective and efficient conduct of the unit’s activities. (e) Cooperative agreements The fraud unit shall have cooperative agreements (as specified by the Board) with— (1) similar fraud units in other States; (2) the Inspector General; and (3) the Attorney General of the United States. (f) Reports The fraud unit shall submit to the Inspector General an application and annual reports containing such information as the Inspector General determines to be necessary to determine whether the unit meets the previous requirements of this section. V Quality Assessment 501. American Health Security Quality Council (a) Establishment There is hereby established an American Health Security Quality Council (in this title referred to as the Council ). (b) Duties of the Council The Council shall perform the following duties: (1) Practice guidelines The Council shall review and evaluate each practice guideline developed under part B of title IX of the Public Health Service Act . The Council shall determine whether the guideline should be recognized as a national practice guideline to be used under section 204(d) for purposes of determining payments under a State health security program. (2) Standards of quality, performance measures, and medical review criteria The Council shall review and evaluate each standard of quality, performance measure, and medical review criterion developed under part B of title IX of the Public Health Service Act . The Council shall determine whether the standard, measure, or criterion is appropriate for use in assessing or reviewing the quality of services provided by State health security programs, health care institutions, or health care professionals. (3) Criteria for entities conducting quality reviews The Council shall develop minimum criteria for competence for entities that can qualify to conduct ongoing and continuous external quality review for State quality review programs under section 503. Such criteria shall require such an entity to be administratively independent of the individual or board that administers the State health security program and shall ensure that such entities do not provide financial incentives to reviewers to favor one pattern of practice over another. The Council shall ensure coordination and reporting by such entities to ensure national consistency in quality standards. (4) Reporting The Council shall report to the Board annually on the conduct of activities under such title and shall report to the Board annually specifically on findings from outcomes research and development of practice guidelines that may affect the Board’s determination of coverage of services under section 401(f)(1)(G). (5) Other functions The Council shall perform the functions of the Council described in section 502. (c) Appointment and terms of members (1) In general The Council shall be composed of 10 members appointed by the President. The President shall first appoint individuals on a timely basis so as to provide for the operation of the Council by not later than January 1, 2014. (2) Selection of members Each member of the Council shall be a member of a health profession. Five members of the Council shall be physicians. Individuals shall be appointed to the Council on the basis of national reputations for clinical and academic excellence. To the greatest extent feasible, the membership of the Council shall represent the various geographic regions of the United States and shall reflect the racial, ethnic, and gender composition of the population of the United States. (3) Terms of members Individuals appointed to the Council shall serve for a term of 5 years, except that the terms of 4 of the individuals initially appointed shall be, as designated by the President at the time of their appointment, for 1, 2, 3, and 4 years. (d) Vacancies (1) In general The President shall fill any vacancy in the membership of the Council in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (2) Vacancy appointments Any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Reappointment The President may reappoint a member of the Council for a second term in the same manner as the original appointment. A member who has served for 2 consecutive 5-year terms shall not be eligible for reappointment until 2 years after the member has ceased to serve. (e) Chair The President shall designate 1 of the members of the Council to serve at the will of the President as Chair of the Council. (f) Compensation Members of the Council who are not employees of the Federal Government shall be entitled to compensation at a level equivalent to level II of the Executive Schedule, in accordance with section 5313 of title 5, United States Code. 502. Development of certain methodologies, guidelines, and standards (a) Profiling of patterns of practice; identification of outliers The Council shall adopt methodologies for profiling the patterns of practice of health care professionals and for identifying outliers (as defined in subsection (e)). (b) Centers of excellence The Council shall develop guidelines for certain medical procedures designated by the Board to be performed only at tertiary care centers which can meet standards for frequency of procedure performance and intensity of support mechanisms that are consistent with the high probability of desired patient outcome. Reimbursement under this Act for such a designated procedure may only be provided if the procedure was performed at a center that meets such standards. (c) Remedial actions The Council shall develop standards for education and sanctions with respect to outliers so as to ensure the quality of health care services provided under this Act. The Council shall develop criteria for referral of providers to the State licensing board if education proves ineffective in correcting provider practice behavior. (d) Dissemination The Council shall disseminate to the State— (1) the methodologies adopted under subsection (a); (2) the guidelines developed under subsection (b); and (3) the standards developed under subsection (c); for use by the States under section 503. (e) Outlier defined In this title, the term outlier means a health care provider whose pattern of practice, relative to applicable practice guidelines, suggests deficiencies in the quality of health care services being provided. 503. State quality review programs (a) Requirement In order to meet the requirement of section 404(b)(1)(H), each State health security program shall establish 1 or more qualified entities to conduct quality reviews of persons providing covered services under the program, in accordance with standards established under subsection (b)(1) (except as provided in subsection (b)(2)) and subsection (d). (b) Federal standards (1) In general The Council shall establish standards with respect to— (A) the adoption of practice guidelines (whether developed by the Federal Government or other entities); (B) the identification of outliers (consistent with methodologies adopted under section 502(a)); (C) the development of remedial programs and monitoring for outliers; and (D) the application of sanctions (consistent with the standards developed under section 502(c)). (2) State discretion A State may apply under subsection (a) standards other than those established under paragraph (1) so long as the State demonstrates to the satisfaction of the Council on an annual basis that the standards applied have been as efficacious in promoting and achieving improved quality of care as the application of the standards established under paragraph (1). Positive improvements in quality shall be documented by reductions in the variations of clinical care process and improvement in patient outcomes. (c) Qualifications An entity is not qualified to conduct quality reviews under subsection (a) unless the entity satisfies the criteria for competence for such entities developed by the Council under section 501(b)(3). (d) Internal quality review Nothing in this section shall preclude an institutional provider from establishing its own internal quality review and enhancement programs. 504. Elimination of utilization review programs; transition (a) Intent It is the intention of this title to replace by January 1, 2017, random utilization controls with a systematic review of patterns of practice that compromise the quality of care. (b) Superseding case reviews (1) In general Subject to the succeeding provisions of this subsection, the program of quality review provided under the previous sections of this title supersede all existing Federal requirements for utilization review programs, including requirements for random case-by-case reviews and programs requiring pre-certification of medical procedures on a case-by-case basis. (2) Transition Before January 1, 2017, the Board and the States may employ existing utilization review standards and mechanisms as may be necessary to effect the transition to pattern of practice-based reviews. (3) Construction Nothing in this subsection shall be construed— (A) as precluding the case-by-case review of the provision of care— (i) in individual incidents where the quality of care has significantly deviated from acceptable standards of practice; and (ii) with respect to a provider who has been determined to be an outlier; or (B) as precluding the case management of catastrophic, mental health, or substance abuse cases or long-term care where such management is necessary to achieve appropriate, cost-effective, and beneficial comprehensive medical care, as provided for in section 204. VI Health Security Budget; Payments; Cost Containment Measures A Budgeting and Payments to States 601. National health security budget (a) National health security budget (1) In general By not later than September 1 before the beginning of each year (beginning with 2014), the Board shall establish a national health security budget, which— (A) specifies the total expenditures (including expenditures for administrative costs) to be made by the Federal Government and the States for covered health care services under this Act; and (B) allocates those expenditures among the States consistent with section 604. Pursuant to subsection (b), such budget for a year shall not exceed the budget for the preceding year increased by the percentage increase in gross domestic product. (2) Division of budget into components The national health security budget shall consist of at least 4 components: (A) A component for quality assessment activities (described in title V). (B) A component for health professional education expenditures. (C) A component for administrative costs. (D) A component for operating and other expenditures not described in subparagraphs (A) through (C) (in this title referred to as the operating component ), consisting of amounts not included in the other components. A State may provide for the allocation of this component between capital expenditures and other expenditures. (3) Allocation among components Taking into account the State health security budgets established and submitted under section 603, the Board shall allocate the national health security budget among the components in a manner that— (A) assures a fair allocation for quality assessment activities (consistent with the national health security spending growth limit); and (B) assures that the health professional education expenditure component is sufficient to provide for the amount of health professional education expenditures sufficient to meet the need for covered health care services (consistent with the national health security spending growth limit under subsection (b)(2)). (b) Basis for total expenditures (1) In general The total expenditures specified in such budget shall be the sum of the capitation amounts computed under section 602(a) and the amount of Federal administrative expenditures needed to carry out this Act. (2) National health security spending growth limit For purposes of this subtitle, the national health security spending growth limit described in this paragraph for a year is (A) zero, or, if greater, (B) the average annual percentage increase in the gross domestic product (in current dollars) during the 3-year period beginning with the first quarter of the fourth previous year to the first quarter of the previous year minus the percentage increase (if any) in the number of eligible individuals residing in any State the United States from the first quarter of the second previous year to the first quarter of the previous year. (c) Definitions In this title: (1) Capital expenditures The term capital expenditures means expenses for the purchase, lease, construction, or renovation of capital facilities and for equipment and includes return on equity capital. (2) Health professional education expenditures The term health professional education expenditures means expenditures in hospitals and other health care facilities to cover costs associated with teaching and related research activities. 602. Computation of individual and State capitation amounts (a) Capitation amounts (1) Individual capitation amounts In establishing the national health security budget under section 601(a) and in computing the national average per capita cost under subsection (b) for each year, the Board shall establish a method for computing the capitation amount for each eligible individual residing in each State. The capitation amount for an eligible individual in a State classified within a risk group (established under subsection (d)(2)) is the product of— (A) a national average per capita cost for all covered health care services (computed under subsection (b)); (B) the State adjustment factor (established under subsection (c)) for the State; and (C) the risk adjustment factor (established under subsection (d)) for the risk group. (2) State capitation amount (A) In general For purposes of this title, the term State capitation amount means, for a State for a year, the sum of the capitation amounts computed under paragraph (1) for all the residents of the State in the year, as estimated by the Board before the beginning of the year involved. (B) Use of statistical model The Board may provide for the computation of State capitation amounts based on statistical models that fairly reflect the elements that comprise the State capitation amount described in subparagraph (A). (C) Population information The Bureau of the Census shall assist the Board in determining the number, place of residence, and risk group classification of eligible individuals. (b) Computation of national average per capita cost (1) For 2014 For 2014, the national average per capita cost under this paragraph is equal to— (A) the average per capita health care expenditures in the United States in 2012 (as estimated by the Board); (B) increased to 2013 by the Board’s estimate of the actual amount of such per capita expenditures during 2013; and (C) updated to 2014 by the national health security spending growth limit specified in section 601(b)(2) for 2014. (2) For succeeding years For each succeeding year, the national average per capita cost under this subsection is equal to the national average per capita cost computed under this subsection for the previous year increased by the national health security spending growth limit (specified in section 601(b)(2)) for the year involved. (c) State adjustment factors (1) In general Subject to the succeeding paragraphs of this subsection, the Board shall develop for each State a factor to adjust the national average per capita costs to reflect differences between the State and the United States in— (A) average labor and nonlabor costs that are necessary to provide covered health services; (B) any social, environmental, or geographic condition affecting health status or the need for health care services, to the extent such a condition is not taken into account in the establishment of risk groups under subsection (d); (C) the geographic distribution of the State’s population, particularly the proportion of the population residing in medically underserved areas, to the extent such a condition is not taken into account in the establishment of risk groups under subsection (d); and (D) any other factor relating to operating costs required to ensure equitable distribution of funds among the States. (2) Modification of health professional education component With respect to the portion of the national health security budget allocated to expenditures for health professional education, the Board shall modify the State adjustment factors so as to take into account— (A) differences among States in health professional education programs in operation as of the date of the enactment of this Act; and (B) differences among States in their relative need for expenditures for health professional education, taking into account the health professional education expenditures proposed in State health security budgets under section 603(a). (3) Budget neutrality The State adjustment factors, as modified under paragraph (2), shall be applied under this subsection in a manner that results in neither an increase nor a decrease in the total amount of the Federal contributions to all State health security programs under subsection (b) as a result of the application of such factors. (4) Phase-in In applying State adjustment factors under this subsection during the 5-year period beginning with 2014, the Board shall phase-in, over such period, the use of factors described in paragraph (1) in a manner so that the adjustment factor for a State is based on a blend of such factors and a factor that reflects the relative actual average per capita costs of health services of the different States as of the time of enactment of this Act. (5) Periodic adjustment In establishing the national health security budget before the beginning of each year, the Board shall provide for appropriate adjustments in the State adjustment factors under this subsection. (d) Adjustments for risk group classification (1) In general The Board shall develop an adjustment factor to the national average per capita costs computed under subsection (b) for individuals classified in each risk group (as designated under paragraph (2)) to reflect the difference between the average national average per capita costs and the national average per capita cost for individuals classified in the risk group. (2) Risk groups The Board shall designate a series of risk groups, determined by age, health indicators, and other factors that represent distinct patterns of health care services utilization and costs. (3) Periodic adjustment In establishing the national health security budget before the beginning of each year, the Board shall provide for appropriate adjustments in the risk adjustment factors under this subsection. 603. State health security budgets (a) Establishment and submission of budgets (1) In general Each State health security program shall establish and submit to the Board for each year a proposed and a final State health security budget, which specifies the following: (A) The total expenditures (including expenditures for administrative costs) to be made under the program in the State for covered health care services under this Act, consistent with subsection (b), broken down as follows: (i) By the 4 components (described in section 601(a)(2)), consistent with subsection (b). (ii) Within the operating component— (I) expenditures for operating costs of hospitals and other facility-based services in the State; (II) expenditures for payment to comprehensive health service organizations; (III) expenditures for payment of services provided by health care practitioners; and (IV) expenditures for other covered items and services. Amounts included in the operating component include amounts that may be used by providers for capital expenditures. (B) The total revenues required to meet the State health security expenditures. (2) Proposed budget deadline The proposed budget for a year shall be submitted under paragraph (1) not later than June 1 before the year. (3) Final budget The final budget for a year shall— (A) be established and submitted under paragraph (1) not later than October 1 before the year, and (B) take into account the amounts established under the national health security budget under section 601 for the year. (4) Adjustment in allocations permitted (A) In general Subject to subparagraphs (B) and (C), in the case of a final budget, a State may change the allocation of amounts among components. (B) Notice No such change may be made unless the State has provided prior notice of the change to the Board. (C) Denial Such a change may not be made if the Board, within such time period as the Board specifies, disapproves such change. (b) Expenditure limits (1) In general The total expenditures specified in each State health security budget under subsection (a)(1) shall take into account Federal contributions made under section 604. (2) Limit on claims processing and billing expenditures Each State health security budget shall provide that State administrative expenditures, including expenditures for claims processing and billing, shall not exceed 3 percent of the total expenditures under the State health security program, unless the Board determines, on a case-by-case basis, that additional administrative expenditures would improve health care quality and cost effectiveness. (3) Worker assistance A State health security program may provide that, for budgets for years before 2017, up to 1 percent of the budget may be used for purposes of programs providing assistance to workers who are currently performing functions in the administration of the health insurance system and who may experience economic dislocation as a result of the implementation of the program. (c) Approval process for capital expenditures permitted Nothing in this title shall be construed as preventing a State health security program from providing for a process for the approval of capital expenditures based on information derived from regional planning agencies. 604. Federal payments to States (a) In general Each State with an approved State health security program is entitled to receive, from amounts in the American Health Security Trust Fund, on a monthly basis each year, of an amount equal to one-twelfth of the product of— (1) the State capitation amount (computed under section 602(a)(2)) for the State for the year; and (2) the Federal contribution percentage (established under subsection (b)). (b) Federal contribution percentage The Board shall establish a formula for the establishment of a Federal contribution percentage for each State. Such formula shall take into consideration a State’s per capita income and revenue capacity and such other relevant economic indicators as the Board determines to be appropriate. In addition, during the 5-year period beginning with 2014, the Board may provide for a transition adjustment to the formula in order to take into account current expenditures by the State (and local governments thereof) for health services covered under the State health security program. The weighted-average Federal contribution percentage for all States shall equal 86 percent and in no event shall such percentage be less than 81 percent nor more than 91 percent. (c) Use of payments All payments made under this section may only be used to carry out the State health security program. (d) Effect of spending excess or surplus (1) Spending excess If a State exceeds its budget in a given year, the State shall continue to fund covered health services from its own revenues. (2) Surplus If a State provides all covered health services for less than the budgeted amount for a year, it may retain its Federal payment for that year for uses consistent with this Act. 605. Account for health professional education expenditures (a) Separate account Each State health security program shall— (1) include a separate account for health professional education expenditures; and (2) specify the general manner, consistent with subsection (b), in which such expenditures are to be distributed among different types of institutions and the different areas of the State. (b) Distribution rules The distribution of funds to hospitals and other health care facilities from the account shall conform to the following principles: (1) The disbursement of funds shall be consistent with achievement of the national and program goals (specified in section 701(b)) within the State health security program and the distribution of funds from the account shall be conditioned upon the receipt of such reports as the Board may require in order to monitor compliance with such goals. (2) The distribution of funds from the account shall take into account the potentially higher costs of placing health professional students in clinical education programs in health professional shortage areas. B Payments by States to Providers 611. Payments to hospitals and other facility-based services for operating expenses on the basis of approved global budgets (a) Direct payment under global budget Payment for operating expenses for institutional and facility-based care, including hospital services and nursing facility services, under State health security programs shall be made directly to each institution or facility by each State health security program under an annual prospective global budget approved under the program. Such a budget shall include payment for outpatient care and non-facility-based care that is furnished by or through the facility. In the case of a hospital that is wholly owned (or controlled) by a comprehensive health service organization that is paid under section 614 on the basis of a global budget, the global budget of the organization shall include the budget for the hospital. (b) Annual negotiations; budget approval (1) In general The prospective global budget for an institution or facility shall— (A) be developed through annual negotiations between— (i) a panel of individuals who are appointed by the Governor of the State and who represent consumers, labor, business, and the State government; and (ii) the institution or facility; and (B) be based on a nationally uniform system of cost accounting established under standards of the Board. (2) Considerations In developing a budget through negotiations, there shall be taken into account at least the following: (A) With respect to inpatient hospital services, the number, and classification by diagnosis-related group, of discharges. (B) An institution’s or facility’s past expenditures. (C) The extent to which debt service for capital expenditures has been included in the proposed operating budget. (D) The extent to which capital expenditures are financed directly or indirectly through reductions in direct care to patients, including reductions in registered nursing staffing patterns or changes in emergency room or primary care services or availability. (E) Change in the consumer price index and other price indices. (F) The cost of reasonable compensation to health care practitioners. (G) The compensation level of the institution’s or facility’s work force. (H) The extent to which the institution or facility is providing health care services to meet the needs of residents in the area served by the institution or facility, including the institution’s or facility’s occupancy level. (I) The institution’s or facility’s previous financial and clinical performance, based on utilization and outcomes data provided under this Act. (J) The type of institution or facility, including whether the institution or facility is part of a clinical education program or serves a health professional education, research or other training purpose. (K) Technological advances or changes. (L) Costs of the institution or facility associated with meeting Federal and State regulations. (M) The costs associated with necessary public outreach activities. (N) In the case of a for-profit facility, a reasonable rate of return on equity capital, independent of those operating expenses necessary to fulfill the objectives of this Act. (O) Incentives to facilities that maintain costs below previous reasonable budgeted levels without reducing the care provided. (P) With respect to facilities that provide mental health services and substance abuse treatment services, any additional costs involved in the treatment of dually diagnosed individuals. The portion of such a budget that relates to expenditures for health professional education shall be consistent with the State health security budget for such expenditures. (3) Provision of required information; diagnosis-related group No budget for an institution or facility for a year may be approved unless the institution or facility has submitted on a timely basis to the State health security program such information as the program or the Board shall specify, including in the case of hospitals information on discharges classified by diagnosis-related group. (c) Adjustments in approved budgets (1) Adjustments to global budgets that contract with comprehensive health service organizations Each State health security program shall develop an administrative mechanism for reducing operating funds to institutions or facilities in proportion to payments made to such institutions or facilities for services contracted for by a comprehensive health service organization. (2) Amendments In accordance with standards established by the Board, an operating and capital budget approved under this section for a year may be amended before, during, or after the year if there is a substantial change in any of the factors relevant to budget approval. (d) Donations permissible The States health security programs may permit institutions and facilities to raise funds from private sources to pay for newly constructed facilities, major renovations, and equipment. The expenditure of such funds, whether for operating or capital expenditures, does not obligate the State health security program to provide for continued support for such expenditures unless included in an approved global budget. 612. Payments to health care practitioners based on prospective fee schedule (a) Fee for service (1) In general Every independent health care practitioner is entitled to be paid, for the provision of covered health services under the State health security program, a fee for each billable covered service. (2) Global fee payment methodologies The Board shall establish models and encourage State health security programs to implement alternative payment methodologies that incorporate global fees for related services (such as all outpatient procedures for treatment of a condition) or for a basic group of services (such as primary care services) furnished to an individual over a period of time, in order to encourage continuity and efficiency in the provision of services. Such methodologies shall be designed to ensure a high quality of care. (3) Billing deadlines; electronic billing A State health security program may deny payment for any service of an independent health care practitioner for which it did not receive a bill and appropriate supporting documentation (which had been previously specified) within 30 days after the date the service was provided. Such a program may require that bills for services for which payment may be made under this section, or for any class of such services, be submitted electronically. (b) Payment rates based on negotiated prospective fee schedules With respect to any payment method for a class of services of practitioners, the State health security program shall establish, on a prospective basis, a payment schedule. The State health security program may establish such a schedule after negotiations with organizations representing the practitioners involved. Such fee schedules shall be designed to provide incentives for practitioners to choose primary care medicine, including general internal medicine, family medicine, gynecology, and pediatrics, over medical specialization. Nothing in this section shall be construed as preventing a State from adjusting the payment schedule amounts on a quarterly or other periodic basis depending on whether expenditures under the schedule will exceed the budgeted amount with respect to such expenditures. (c) Billable covered service defined In this section, the term billable covered service means a service covered under section 201 for which a practitioner is entitled to compensation by payment of a fee determined under this section. 613. Payments to comprehensive health service organizations (a) In general Payment under a State health security program to a comprehensive health service organization to its enrollees shall be determined by the State— (1) based on a global budget described in section 611; or (2) based on the basic capitation amount described in subsection (b) for each of its enrollees. (b) Basic capitation amount (1) In general The basic capitation amount described in this subsection for an enrollee shall be determined by the State health security program on the basis of the average amount of expenditures that is estimated would be made under the State health security program for covered health care services for an enrollee, based on actuarial characteristics (as defined by the State health security program). (2) Adjustment for special health needs The State health security program shall adjust such average amounts to take into account the special health needs, including a disproportionate number of medically underserved individuals, of populations served by the organization. (3) Adjustment for services not provided The State health security program shall adjust such average amounts to take into account the cost of covered health care services that are not provided by the comprehensive health service organization under section 303(a). 614. Payments for community-Based primary health services (a) In general In the case of community-based primary health services, subject to subsection (b), payments under a State health security program shall— (1) be based on a global budget described in section 611; (2) be based on the basic primary care capitation amount described in subsection (c) for each individual enrolled with the provider of such services; or (3) be made on a fee-for-service basis under section 612. (b) Payment adjustment Payments under subsection (a) may include, consistent with the budgets developed under this title— (1) an additional amount, as set by the State health security program, to cover the costs incurred by a provider which serves persons not covered by this Act whose health care is essential to overall community health and the control of communicable disease, and for whom the cost of such care is otherwise uncompensated; (2) an additional amount, as set by the State health security program, to cover the reasonable costs incurred by a provider that furnishes case management services (as defined in section 1915(g)(2) of the Social Security Act ), transportation services, and translation services; and (3) an additional amount, as set by the State health security program, to cover the costs incurred by a provider in conducting health professional education programs in connection with the provision of such services. (c) Basic primary care capitation amount (1) In general The basic primary care capitation amount described in this subsection for an enrollee with a provider of community-based primary health services shall be determined by the State health security program on the basis of the average amount of expenditures that is estimated would be made under the State health security program for such an enrollee, based on actuarial characteristics (as defined by the State health security program). (2) Adjustment for special health needs The State health security program shall adjust such average amounts to take into account the special health needs, including a disproportionate number of medically underserved individuals, of populations served by the provider. (3) Adjustment for services not provided The State health security program shall adjust such average amounts to take into account the cost of community-based primary health services that are not provided by the provider. (d) Community-Based primary health services defined In this section, the term community-based primary health services has the meaning given such term in section 202(a). 615. Payments for prescription drugs (a) Establishment of list (1) In general The Board shall establish a list of approved prescription drugs and biologicals that the Board determines are necessary for the maintenance or restoration of health or of employability or self-management and eligible for coverage under this Act. (2) Exclusions The Board may exclude reimbursement under this Act for ineffective, unsafe, or over-priced products where better alternatives are determined to be available. (b) Prices For each such listed prescription drug or biological covered under this Act, for insulin, and for medical foods, the Board shall from time to time determine a product price or prices which shall constitute the maximum to be recognized under this Act as the cost of a drug to a provider thereof. The Board may conduct negotiations, on behalf of State health security programs, with product manufacturers and distributors in determining the applicable product price or prices. (c) Charges by independent pharmacies Each State health security program shall provide for payment for a prescription drug or biological or insulin furnished by an independent pharmacy based on the drug’s cost to the pharmacy (not in excess of the applicable product price established under subsection (b)) plus a dispensing fee. In accordance with standards established by the Board, each State health security program, after consultation with representatives of the pharmaceutical profession, shall establish schedules of dispensing fees, designed to afford reasonable compensation to independent pharmacies after taking into account variations in their cost of operation resulting from regional differences, differences in the volume of prescription drugs dispensed, differences in services provided, the need to maintain expenditures within the budgets established under this title, and other relevant factors. 616. Payments for approved devices and equipment (a) Establishment of list The Board shall establish a list of approved durable medical equipment and therapeutic devices and equipment (including eyeglasses, hearing aids, and prosthetic appliances), that the Board determines are necessary for the maintenance or restoration of health or of employability or self-management and eligible for coverage under this Act. (b) Considerations and conditions In establishing the list under subsection (a), the Board shall take into consideration the efficacy, safety, and cost of each item contained on such list, and shall attach to any item such conditions as the Board determines appropriate with respect to the circumstances under which, or the frequency with which, the item may be prescribed. (c) Prices For each such listed item covered under this Act, the Board shall from time to time determine a product price or prices which shall constitute the maximum to be recognized under this Act as the cost of the item to a provider thereof. The Board may conduct negotiations, on behalf of State health security programs, with equipment and device manufacturers and distributors in determining the applicable product price or prices. (d) Exclusions The Board may exclude from coverage under this Act ineffective, unsafe, or overpriced products where better alternatives are determined to be available. 617. Payments for other items and services In the case of payment for other covered health services, the amount of payment under a State health security program shall be established by the program— (1) in accordance with payment methodologies which are specified by the Board, after consultation with the American Health Security Advisory Council, or methodologies established by the State under section 620; and (2) consistent with the State health security budget. 618. Payment incentives for medically underserved areas (a) Model payment methodologies In addition to the payment amounts otherwise provided in this title, the Board shall establish model payment methodologies and other incentives that promote the provision of covered health care services in medically underserved areas, particularly in rural and inner-city underserved areas. (b) Construction Nothing in this title shall be construed as limiting the authority of State health security programs to increase payment amounts or otherwise provide additional incentives, consistent with the State health security budget, to encourage the provision of medically necessary and appropriate services in underserved areas. 619. Authority for alternative payment methodologies A State health security program, as part of its plan under section 404(a), may use a payment methodology other than a methodology required under this subtitle so long as— (1) such payment methodology does not affect the entitlement of individuals to coverage, the weighting of fee schedules to encourage an increase in the number of primary care providers, the ability of individuals to choose among qualified providers, the benefits covered under the program, or the compliance of the program with the State health security budget under subtitle A; and (2) the program submits periodic reports to the Board showing the operation and effectiveness of the alternative methodology, in order for the Board to evaluate the appropriateness of applying the alternative methodology to other States. C Mandatory assignment and administrative provisions 631. Mandatory assignment (a) No balance billing Payments for benefits under this Act shall constitute payment in full for such benefits and the entity furnishing an item or service for which payment is made under this Act shall accept such payment as payment in full for the item or service and may not accept any payment or impose any charge for any such item or service other than accepting payment from the State health security program in accordance with this Act. (b) Enforcement If an entity knowingly and willfully bills for an item or service or accepts payment in violation of subsection (a), the Board may apply sanctions against the entity in the same manner as sanctions could have been imposed under section 1842(j)(2) of the Social Security Act for a violation of section 1842(j)(1) of such Act. Such sanctions are in addition to any sanctions that a State may impose under its State health security program. 632. Procedures for reimbursement; appeals (a) Procedures for reimbursement In accordance with standards issued by the Board, a State health security program shall establish a timely and administratively simple procedure to ensure payment within 60 days of the date of submission of clean claims by providers under this Act. (b) Appeals process Each State health security program shall establish an appeals process to handle all grievances pertaining to payment to providers under this title. VII Promotion of Primary Health Care; Development of Health Service Capacity; Programs to Assist the Medically Underserved A Promotion and Expansion of Primary Care Professional Training 701. Role of Board; establishment of primary care professional output goals (a) In general The Board is responsible for— (1) coordinating health professional education policies and goals, in consultation with the Secretary of Health and Human Services (in this title referred to as the Secretary ), to achieve the national goals specified in subsection (b); (2) overseeing the health professional education expenditures of the State health security programs from the account established under section 602(c); (3) developing and maintaining, in cooperation with the Secretary, a system to monitor the number and specialties of individuals through their health professional education, any postgraduate training, and professional practice; and (4) developing, coordinating, and promoting other policies that expand the number of primary care practitioners. (b) National goals The national goals specified in this subsection are as follows: (1) Graduate medical education By not later than 5 years after the date of the enactment of this Act, at least 50 percent of the residents in medical residency education programs (as defined in subsection (e)(1)) are primary care residents (as defined in subsection (e)(3)). (2) Midlevel primary care practitioners To ensure an adequate supply of primary care practitioners, there shall be a number, specified by the Board, of midlevel primary care practitioners (as defined in subsection (e)(2)) employed in the health care system as of January 1, 2017. (3) Dentistry To ensure an adequate supply of dental care practitioners, there shall be a number, specified by the Board, of dentists (as defined in subsection (e)(1)) employed in the health care system as of January 1, 2017. (c) Method for attainment of national goal for graduate medical education; program goals (1) In general The Board shall establish a method of applying the national goal in subsection (b)(1) to program goals for each medical residency education program or to medical residency education consortia. (2) Consideration The program goals under paragraph (1) shall be based on the distribution of medical schools and other teaching facilities within each State health security program, and the number of positions for graduate medical education. (3) Medical residency education consortium In this subsection, the term medical residency education consortium means a consortium of medical residency education programs in a contiguous geographic area (which may be an interstate area) if the consortium— (A) includes at least 1 medical school with a teaching hospital and related teaching settings; and (B) has an affiliation with qualified community-based primary health service providers described in section 202(a) and with at least 1 comprehensive health service organization established under section 303. (4) Enforcement through State health security budgets The Board shall develop a formula for reducing payments to State health security programs (that provide for payments to a medical residency education program) that failed to meet the goal for the program established under this subsection. (d) Method for attainment of national goal for midlevel primary care practitioners To assist in attaining the national goal identified in subsection (b)(2), the Board shall— (1) advise the Public Health Service on allocations of funding under titles VII and VIII of the Public Health Service Act , the National Health Service Corps, and other programs in order to increase the supply of midlevel primary care practitioners; and (2) commission a study of the potential benefits and disadvantages of expanding the scope of practice authorized under State laws for any class of midlevel primary care practitioners. (e) Definitions In this title: (1) Dentist The term dentist means a practitioner who performs the evaluation, diagnosis, prevention or treatment (nonsurgical, surgical, or related procedures) of diseases, disorders or conditions of the oral cavity, maxillofacial area or the adjacent and associated structures and their impact on the human body, within the scope of his or her education, training and experience, in accordance with the ethics of the profession and applicable law. (2) Medical residency education program The term medical residency education program means a program that provides education and training to graduates of medical schools in order to meet requirements for licensing and certification as a physician, and includes the medical school supervising the program and includes the hospital or other facility in which the program is operated. (3) Midlevel primary care practitioner The term midlevel primary care practitioner means a clinical nurse practitioner, certified nurse midwife, physician assistance, or other nonphysician practitioner, specified by the Board, as authorized to practice under State law. (4) Primary care resident The term primary care resident means (in accordance with criteria established by the Board) a resident being trained in a distinct program of family practice medicine, general practice, general internal medicine, or general pediatrics. 702. Establishment of Advisory Committee on Health Professional Education (a) In general The Board shall provide for an Advisory Committee on Health Professional Education (in this section referred to as the Committee ) to advise the Board on its activities under section 701. (b) Membership The Committee shall be composed of— (1) the Chair of the Board, who shall serve as Chair of the Committee; and (2) 12 members, not otherwise in the employ of the United States, appointed by the Board without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The appointed members shall provide a balanced point of view with respect to health professional education, primary care disciplines, and health care policy and shall include individuals who are representative of medical schools, other health professional schools, residency programs, primary care practitioners, teaching hospitals, professional associations, public health organizations, State health security programs, and consumers. (c) Terms of members Each appointed member shall hold office for a term of 5 years, except that— (1) any member appointed to fill a vacancy occurring during the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term; and (2) the terms of the members first taking office shall expire, as designated by the Board at the time of appointment, 2 at the end of the second year, 2 at the end of the third year, 2 at the end of the fourth year, and 3 at the end of the fifth year after the date of enactment of this Act. (d) Vacancies (1) In general The Board shall fill any vacancy in the membership of the Committee in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Committee. (2) Vacancy appointments Any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor of the member was appointed. (3) Reappointment The Board may reappoint an appointed member of the Committee for a second term in the same manner as the original appointment. (e) Duties It shall be the duty of the Committee to advise the Board concerning graduate medical education policies under this title. (f) Staff The Committee, its members, and any committees of the Committee shall be provided with such secretarial, clerical, or other assistance as may be authorized by the Board for carrying out their respective functions. (g) Meetings The Committee shall meet as frequently as the Board deems necessary, but not less than 4 times each year. Upon request by 4 or more members it shall be the duty of the Chair to call a meeting of the Committee. (h) Compensation Members of the Committee shall be reimbursed by the Board for travel and per diem in lieu of subsistence expenses during the performance of duties of the Board in accordance with subchapter I of chapter 57 of title 5, United States Code. (i) FACA not applicable The provisions of the Federal Advisory Committee Act shall not apply to the Committee. 703. Grants for health professions education, nurse education, and the National Health Service Corps (a) Transfers to Public Health Service (1) In general The Board shall make transfers from the American Health Security Trust Fund to the Public Health Service under subpart II of part D of title III, title VII, and title VIII of the Public Health Service Act for the support of the National Health Service Corps, health professions education, and nursing education, including education of clinical nurse practitioners, certified registered nurse anesthetists, certified nurse midwives, and physician assistants. (2) Fiscal year 2018 and subsequent years The amount transferred for the support of the National Health Service Corps for fiscal year 2018 and each subsequent fiscal year shall be equal to the amount transferred for the preceding fiscal year adjusted by the product of— (A) one plus the average percentage increase in the costs of health professions education during the prior fiscal year; and (B) one plus the average percentage change in the number of individuals residing in health professions shortage areas designated under section 333 during the prior fiscal year, relative to the number of individuals residing in such areas during the previous fiscal year. (b) Range of funds The amount of transfers under subsection (a) for any fiscal year for title VII and VIII shall be an amount (specified by the Board each year) not less than 3/100 percent and not to exceed 4/100 percent of the amounts the Board estimates will be expended from the Trust Fund in the fiscal year. (c) Funds supplemental to other funds The funds provided under this section with respect to provision of services are in addition to, and not in replacement of, funds made available under the provisions referred to in subsection (a) and shall be administered in accordance with the terms of such provisions. The Board shall make no transfer of funds under this section for any fiscal year for which the total appropriations for the programs authorized by such provisions are less than the total amount appropriated for such programs in fiscal year 2012. B Direct Health Care Delivery 711. Set-aside for public health (a) Transfers to Public Health Service From the amounts provided under subsection (c), the Board shall make transfers from the American Health Security Trust Fund to the Public Health Service for the following purposes (other than payment for services covered under title II): (1) For payments to States under the maternal and child health block grants under title V of the Social Security Act (42 U.S.C. 701 et seq.). (2) For prevention and treatment of tuberculosis under section 317 of the Public Health Service Act (42 U.S.C. 247b). (3) For the prevention and treatment of sexually transmitted diseases under section 318 of the Public Health Service Act (42 U.S.C. 247c) . (4) Preventive health block grants under part A of title XIX of the Public Health Service Act (42 U.S.C. 300w et seq.). (5) Grants to States for community mental health services under subpart I of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x et seq.). (6) Grants to States for prevention and treatment of substance abuse under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (7) Grants for HIV health care services under parts A, B, and C of title XXVI of the Public Health Service Act (42 U.S.C. 300ff–11 et seq.). (8) Public health formula grants described in subsection (d). (b) Range of funds The amount of transfers under subsection (a) for any fiscal year shall be an amount (specified by the Board each year) not less than 1/10 percent and not to exceed 14/100 percent of the amounts the Board estimates will be expended from the Trust Fund in the fiscal year. (c) Funds supplemental to other funds The funds provided under this section with respect to provision of services are in addition to, and not in replacement of, funds made available under the programs referred to in subsection (a) and shall be administered in accordance with the terms of such programs. (d) Required reports on health status The Secretary shall require each State receiving funds under this section to submit annual reports to the Secretary on the health status of the population and measurable objectives for improving the health of the public in the State. Such reports shall include the following: (1) A comparison of the measures of the State and local public health system compared to relevant objectives set forth in Healthy People 2020 or subsequent national objectives set by the Secretary. (2) A description of health status measures to be improved within the State (at the State and local levels) through expanded public health functions and health promotion and disease prevention programs. (3) Measurable outcomes and process objectives for improving health status, and a report on outcomes from the previous year. (4) Information regarding how Federal funding has improved population-based prevention activities and programs. (5) A description of the core public health functions to be carried out at the local level. (6) A description of the relationship between the State’s public health system, community-based health promotion and disease prevention providers, and the State health security program. (e) Limitation on fund transfers The Board shall make no transfer of funds under this section for any fiscal year for which the total appropriations for such programs are less than the total amount appropriated for such programs in fiscal year 2012. (f) Public health formula grants The Secretary shall provide stable funds to States through formula grants for the purpose of carrying out core public health functions to monitor and protect the health of communities from communicable diseases and exposure to toxic environmental pollutants, occupational hazards, harmful products, and poor health outcomes. Such functions include the following: (1) Data collection, analysis, and assessment of public health data, vital statistics, and personal health data to assess community health status and outcomes reporting. This function includes the acquisition and installation of hardware and software, and personnel training and technical assistance to operate and support automated and integrated information systems. (2) Activities to protect the environment and to ensure the safety of housing, workplaces, food, and water. (3) Investigation and control of adverse health conditions, and threats to the health status of individuals and the community. This function includes the identification and control of outbreaks of infectious disease, patterns of chronic disease and injury, and cooperative activities to reduce the levels of violence. (4) Health promotion and disease prevention activities for which there is a significant need and a high priority of the Public Health Service. (5) The provision of public health laboratory services to complement private clinical laboratory services, including— (A) screening tests for metabolic diseases in newborns; (B) toxicology assessments of blood lead levels and other environmental toxins; (C) tuberculosis and other diseases requiring partner notification; and (D) testing for infectious and food-borne diseases. (6) Training and education for the public health professions. (7) Research on effective and cost-effective public health practices. This function includes the development, testing, evaluation, and publication of results of new prevention and public health control interventions. (8) Integration and coordination of the prevention programs and services of community-based providers, local and State health departments, and other sectors of State and local government that affect health. 712. Set-aside for primary health care delivery (a) Transfers to Section 330 program of the Public Health Service Act (1) In general The Board shall make transfers from the American Health Security Trust Fund to the Public Health Service for the program authorized under section 330 of the Public Health Service Act ( 42 U.S.C. 254b ). (2) Fiscal year 2018 and subsequent years The amount transferred for fiscal year 2018 and each subsequent fiscal year shall be equal to the amount transferred for the preceding fiscal year adjusted by the product of— (A) one plus the average percentage increase in costs incurred per patient served by entities receiving funding under such section; and (B) one plus the average percentage increase in the total number of patients served by entities receiving funding under such section. (b) Transfers to Public Health Service From the amounts provided under subsection (d), the Board shall make transfers from the American Health Security Trust Fund to the Public Health Service for the program of primary care service expansion grants under subpart V of part D of title III of the Public Health Service Act (as added by section 713 of this Act). (c) Range of funds The amount of transfers under subsection (b) for any fiscal year shall be an amount (specified by the Board each year) not less than 6/100 percent and not to exceed 1/10 percent of the amounts the Board estimates will be expended from the Trust Fund in the fiscal year. (d) Funds supplemental to other funds The funds provided under this section with respect to provision of services are in addition to, and not in replacement of, funds made available under the sections 340A, 1001, and 2655 of the Public Health Service Act . The Board shall make no transfer of funds under this section for any fiscal year for which the total appropriations for such sections are less than the total amount appropriated under such sections in fiscal year 2012. 713. Primary care service expansion grants (a) In general Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following new subpart: XIII Primary care expansion 340J. Expanding primary care delivery capacity in urban and rural areas (a) Grants for primary care centers From the amounts described in subsection (c), the American Health Security Standards Board shall make grants to public and nonprofit private entities for projects to plan and develop primary care centers which will serve medically underserved populations (as defined in section 330(b)(3)) in urban and rural areas and to deliver primary care services to such populations in such areas. The funds provided under such a grant may be used for the same purposes for which a grant may be made under subsection (c), (e), (f), (g), (h), or (i) of section 330. (b) Process of awarding grants The provisions of subsection (k)(1) of section 330 shall apply to a grant under this section in the same manner as they apply to a grant under the corresponding subsection of such section. The provisions of subsection (r)(2)(A) of such section shall apply to grants for projects to plan and develop primary care centers under this section in the same manner as they apply to grants under such section. (c) Funding as set-Aside from Trust Fund Funds in the American Health Security Trust Fund (established under section 801 of the act) shall be available to carry out this section. (d) Primary care center defined In this section, the term primary care center means— (1) a health center (as defined in section 330(a)(1)); (2) an entity qualified to receive a grant under section 330, 1001, or 2651; or (3) a Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act ). . (b) Technical amendments Part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended— (1) by redesignating subpart XI, as added by section 10333 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), as subpart XII; and (2) by redesignating section 340H of the Public Health Service Act ( 42 U.S.C. 256i ), as added by section 10333 of the Patient Protection and Affordable Care Act (Public Law 111–148), as section 340I. C Primary Care and Outcomes Research 721. Set-aside for outcomes research (a) Grants for outcomes research The Board shall make transfers from the American Health Security Trust Fund to the Agency for Healthcare Research and Quality under title IX of the Public Health Service Act ( 42 U.S.C. 299 et seq. ) for the purpose of carrying out activities under such title. The Secretary shall assure that there is a special emphasis placed on pediatric outcomes research. (b) Range of funds The amount of transfers under subsection (a) for any fiscal year shall be an amount (specified by the Board each year) not less than 1/100 percent and not to exceed 2/100 percent of the amounts the Board estimates will be expended from the Trust Fund in the fiscal year. (c) Funds supplemental to other funds The funds provided under this section with respect to provision of services are in addition to, and not in replacement of, funds made available to the Agency for Healthcare Research and Quality under section 947 of the Public Health Service Act ( 42 U.S.C. 299c–6 ). The Board shall make no transfer of funds under this section for any fiscal year for which the total appropriations under such section are less than the total amount appropriated under such section and title in fiscal year 2012. (d) Conforming amendment Section 947(b) of the Public Health Service Act ( 42 U.S.C. 299c–6(b) ) is amended by inserting after of the fiscal years 2001 through 2005 the following: and of fiscal year 2014 and each subsequent year . 722. Office of Primary Care and Prevention Research (a) In general Title IV of the Public Health Service Act is amended— (1) by redesignating parts G through I as parts H through J, respectively; and (2) by inserting after part F ( 42 U.S.C. 287d et seq. ) the following new part: G Research on primary care and prevention 486E. Office of Primary Care and Prevention Research (a) Establishment There is established within the Office of the Director of NIH an office to be known as the Office of Primary Care and Prevention Research (in this part referred to as the Office ). The Office shall be headed by a director, who shall be appointed by the Director of NIH. (b) Purpose The Director of the Office shall— (1) identify projects of research on primary care and prevention, for children as well as adults, that should be conducted or supported by the national research institutes, with particular emphasis on— (A) clinical patient care, with special emphasis on pediatric clinical care and diagnosis; (B) diagnostic effectiveness; (C) primary care education; (D) health and family planning services; (E) medical effectiveness outcomes of primary care procedures and interventions; and (F) the use of multidisciplinary teams of health care practitioners; (2) identify multidisciplinary research related to primary care and prevention that should be so conducted; (3) promote coordination and collaboration among entities conducting research identified under any of paragraphs (1) and (2); (4) encourage the conduct of such research by entities receiving funds from the national research institutes; (5) recommend an agenda for conducting and supporting such research; (6) promote the sufficient allocation of the resources of the national research institutes for conducting and supporting such research; and (7) prepare the report required under section 486G. (c) Primary care and prevention research defined For purposes of this part, the term primary care and prevention research means research on improvement of the practice of family medicine, general internal medicine, and general pediatrics, and includes research relating to— (1) obstetrics and gynecology, dentistry, or mental health or substance abuse treatment when provided by a primary care physician or other primary care practitioner; and (2) primary care provided by multidisciplinary teams. 486F. National data system and clearinghouse on primary care and prevention research (a) Data system The Director of NIH, in consultation with the Director of the Office, shall establish a data system for the collection, storage, analysis, retrieval, and dissemination of information regarding primary care and prevention research that is conducted or supported by the national research institutes. Information from the data system shall be available through information systems available to health care professionals and providers, researchers, and members of the public. (b) Clearinghouse The Director of NIH, in consultation with the Director of the Office and with the National Library of Medicine, shall establish, maintain, and operate a program to provide, and encourage the use of, information on research and prevention activities of the national research institutes that relate to primary care and prevention research. 486G. Biennial report (a) In general With respect to primary care and prevention research, the Director of the Office shall, not later than 1 year after the date of the enactment of this part, and biennially thereafter, prepare a report— (1) describing and evaluating the progress made during the preceding 2 fiscal years in research and treatment conducted or supported by the National Institutes of Health; (2) summarizing and analyzing expenditures made by the agencies of such Institutes (and by such Office) during the preceding 2 fiscal years; and (3) making such recommendations for legislative and administrative initiatives as the Director of the Office determines to be appropriate. (b) Inclusion in biennial report of Director of NIH The Director of the Office shall submit each report prepared under subsection (a) to the Director of NIH for inclusion in the report submitted to the President and the Congress under section 403. 486H. Authorization of appropriations For the Office of Primary Care and Prevention Research, there are authorized to be appropriated $150,000,000 for fiscal year 2014, $180,000,000 for fiscal year 2015, and $216,000,000 for fiscal year 2016. . (b) Requirement of sufficient allocation of resources of Institutes Section 402(b) of the Public Health Service Act (42 U.S.C. 282(b)) is amended— (1) in paragraph (23), by striking and after the semicolon at the end; (2) in paragraph (24), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (24) the following new paragraph: (25) after consultation with the Director of the Office of Primary Care and Prevention Research, shall ensure that resources of the National Institutes of Health are sufficiently allocated for projects on primary care and prevention research that are identified under section 486E(b). . D School-Related Health Services 731. Authorizations of appropriations (a) Funding for school-Related health services For the purpose of carrying out this subtitle, there are authorized to be appropriated $100,000,000 for fiscal year 2016, $275,000,000 for fiscal year 2017, $350,000,000 for fiscal year 2018, and $400,000,000 for each of the fiscal years 2019 and 2020. (b) Relation to other funds The authorizations of appropriations established in subsection (a) are in addition to any other authorizations of appropriations that are available for the purpose described in such subsection. 732. Eligibility for development and operation grants (a) In general Entities eligible to apply for and receive grants under section 734 or 735 are the following: (1) State health agencies that apply on behalf of local community partnerships and other communities in need of health services for school-aged children within the State. (2) Local community partnerships in States in which health agencies have not applied. (b) Local community partnerships (1) In general A local community partnership under subsection (a)(2) is an entity that, at a minimum, includes— (A) a local health care provider with experience in delivering services to school-aged children; (B) one or more local public schools; and (C) at least one community-based organization located in the community to be served that has a history of providing services to school-aged children in the community who are at-risk. (2) Participation A partnership described in paragraph (1) shall, to the maximum extent feasible, involve broad based community participation from parents and adolescent children to be served, health and social service providers, teachers and other public school and school board personnel, development and service organizations for adolescent children, and interested business leaders. Such participation may be evidenced through an expanded partnership, or an advisory board to such partnership. (c) Definitions regarding children For purposes of this subtitle: (1) The term adolescent children means school-aged children who are adolescents. (2) The term school-aged children means individuals who are between the ages of 4 and 19 (inclusive). 733. Preferences (a) In general In making grants under sections 734 and 735, the Secretary shall give preference to applicants whose communities to be served show the most substantial level of need for such services among school-aged children, as measured by indicators of community health including the following: (1) High levels of poverty. (2) The presence of a medically underserved population. (3) The presence of a health professional shortage area. (4) High rates of indicators of health risk among school-aged children, including a high proportion of such children receiving services through the Individuals with Disabilities Education Act, adolescent pregnancy, sexually transmitted disease (including infection with the human immunodeficiency virus), preventable disease, communicable disease, intentional and unintentional injuries, community and gang violence, unemployment among adolescent children, juvenile justice involvement, and high rates of drug and alcohol exposure. (b) Linkage to community health centers In making grants under sections 734 and 735, the Secretary shall give preference to applicants that demonstrate a linkage to community health centers. 734. Grants for development of projects (a) In general The Secretary may make grants to State health agencies or to local community partnerships to develop school health service sites. (b) Use of funds A project for which a grant may be made under subsection (a) may include the cost of the following: (1) Planning for the provision of school health services. (2) Recruitment, compensation, and training of health and administrative staff. (3) The development of agreements, and the acquisition and development of equipment and information services, necessary to support information exchange between school health service sites and health plans, health providers, and other entities authorized to collect information under this Act. (4) Other activities necessary to assume operational status. (c) Application for grant (1) In general Applicants shall submit applications in a form and manner prescribed by the Secretary. (2) Applications by State health agencies (A) In the case of applicants that are State health agencies, the application shall contain assurances that the State health agency is applying for funds— (i) on behalf of at least one local community partnership; and (ii) on behalf of at least one other community identified by the State as in need of the services funded under this subtitle but without a local community partnership. (B) In the case of the communities identified in applications submitted by State health agencies that do not yet have local community partnerships (including the community identified under subparagraph (A)(ii)), the State shall describe the steps that will be taken to aid the communities in developing a local community partnership. (C) A State applying on behalf of local community partnerships and other communities may retain not more than 10 percent of grants awarded under this subtitle for administrative costs. (d) Contents of application In order to receive a grant under this section, an applicant shall include in the application the following information: (1) An assessment of the need for school health services in the communities to be served, using the latest available health data and health goals and objectives established by the Secretary. (2) A description of how the applicant will design the proposed school health services to reach the maximum number of school-aged children who are at risk. (3) An explanation of how the applicant will integrate its services with those of other health and social service programs within the community. (4) A description of a quality assurance program which complies with standards that the Secretary may prescribe. (e) Number of grants Not more than one planning grant may be made to a single applicant. A planning grant may not exceed 2 years in duration. 735. Grants for operation of projects (a) In general The Secretary may make grants to State health agencies or to local community partnerships for the cost of operating school health service sites. (b) Use of grant The costs for which a grant may be made under this section include the following: (1) The cost of furnishing health services that are not otherwise covered under this Act or by any other public or private insurer. (2) The cost of furnishing services whose purpose is to increase the capacity of individuals to utilize available health services, including transportation, community and patient outreach, patient education, translation services, and such other services as the Secretary determines to be appropriate in carrying out such purpose. (3) Training, recruitment and compensation of health professionals and other staff. (4) Outreach services to school-aged children who are at risk and to the parents of such children. (5) Linkage of individuals to health plans, community health services and social services. (6) Other activities deemed necessary by the Secretary. (c) Application for grant Applicants shall submit applications in a form and manner prescribed by the Secretary. In order to receive a grant under this section, an applicant shall include in the application the following information: (1) A description of the services to be furnished by the applicant. (2) The amounts and sources of funding that the applicant will expend, including estimates of the amount of payments the applicant will receive from sources other than the grant. (3) Such other information as the Secretary determines to be appropriate. (d) Additional contents of application In order to receive a grant under this section, an applicant shall meet the following conditions: (1) The applicant furnishes the following services: (A) Diagnosis and treatment of simple illnesses and minor injuries. (B) Preventive health services, including health screenings. (C) Services provided for the purpose described in subsection (b)(2). (D) Referrals and followups in situations involving illness or injury. (E) Health and social services, counseling services, and necessary referrals, including referrals regarding mental health and substance abuse. (F) Such other services as the Secretary determines to be appropriate. (2) The applicant is a participating provider in the State’s program for medical assistance under title XIX of the Social Security Act . (3) The applicant does not impose charges on students or their families for services (including collection of any cost-sharing for services under the comprehensive benefit package that otherwise would be required). (4) The applicant has reviewed and will periodically review the needs of the population served by the applicant in order to ensure that its services are accessible to the maximum number of school-aged children in the area, and that, to the maximum extent possible, barriers to access to services of the applicant are removed (including barriers resulting from the area’s physical characteristics, its economic, social and cultural grouping, the health care utilization patterns of such children, and available transportation). (5) In the case of an applicant which serves a population that includes a substantial proportion of individuals of limited English speaking ability, the applicant has developed a plan to meet the needs of such population to the extent practicable in the language and cultural context most appropriate to such individuals. (6) The applicant will provide non-Federal contributions toward the cost of the project in an amount determined by the Secretary. (7) The applicant will operate a quality assurance program consistent with section 734(d). (e) Duration of grant A grant under this section shall be for a period determined by the Secretary. (f) Reports A recipient of funding under this section shall provide such reports and information as are required in regulations of the Secretary. 736. Federal administrative costs Of the amounts made available under section 731, the Secretary may reserve not more than 5 percent for administrative expenses regarding this subtitle. 737. Definitions For purposes of this subtitle: (1) The term adolescent children has the meaning given such term in section 732(c). (2) The term at risk means at-risk with respect to health. (3) The term community health center has the meaning given such term in section 330 of the Public Health Service Act . (4) The term health professional shortage area means a health professional shortage area designated under section 332 of the Public Health Service Act . (5) The term medically underserved population has the meaning given such term in section 330 of the Public Health Service Act . (6) The term school-aged children has the meaning given such term in section 732(c). VIII Financing Provisions; American Health Security Trust Fund 800. Amendment of 1986 code; Section 15 not to apply (a) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (b) Section 15 not To apply The amendments made by subtitle B shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. A American Health Security Trust Fund 801. American Health Security Trust Fund (a) In general There is hereby created on the books of the Treasury of the United States a trust fund to be known as the American Health Security Trust Fund (in this section referred to as the Trust Fund ). The Trust Fund shall consist of such gifts and bequests as may be made and such amounts as may be deposited in, or appropriated to, such Trust Fund as provided in this Act. (b) Appropriations into Trust Fund (1) Taxes There are hereby appropriated to the Trust Fund for each fiscal year (beginning with fiscal year 2015), out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of the aggregate increase in tax liabilities under the Internal Revenue Code of 1986 which is attributable to the application of the amendments made by this title. The amounts appropriated by the preceding sentence shall be transferred from time to time (but not less frequently than monthly) from the general fund in the Treasury to the Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes paid to or deposited into the Treasury; and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the amounts that should have been so transferred. (2) Current program receipts Notwithstanding any other provision of law, there are hereby appropriated to the Trust Fund for each fiscal year (beginning with fiscal year 2015) the amounts that would otherwise have been appropriated to carry out the following programs: (A) The Medicare program, under parts A, B, and D of title XVIII of the Social Security Act (other than amounts attributable to any premiums under such parts). (B) The Medicaid program, under State plans approved under title XIX of such Act. (C) The Federal employees health benefit program, under chapter 89 of title 5, United States Code. (D) The TRICARE program (formerly known as the CHAMPUS program), under chapter 55 of title 10, United States Code. (E) The maternal and child health program (under title V of the Social Security Act ), vocational rehabilitation programs, programs for drug abuse and mental health services under the Public Health Service Act , programs providing general hospital or medical assistance, and any other Federal program identified by the Board, in consultation with the Secretary of the Treasury, to the extent the programs provide for payment for health services the payment of which may be made under this Act. (c) Incorporation of provisions The provisions of subsections (b) through (i) of section 1817 of the Social Security Act shall apply to the Trust Fund under this Act in the same manner as they applied to the Federal Hospital Insurance Trust Fund under part A of title XVIII of such Act, except that the American Health Security Standards Board shall constitute the Board of Trustees of the Trust Fund. (d) Transfer of funds Any amounts remaining in the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund after the settlement of claims for payments under title XVIII have been completed, shall be transferred into the American Health Security Trust Fund. B Taxes Based on Income and Wages 811. Payroll tax on employers (a) In general Section 3111 (relating to tax on employers) is amended by redesignating subsections (c) and (d) as subsection (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Health care In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 6.7 percent of the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b)). . (b) Self-Employment income Section 1401 (relating to rate of tax on self-employment income) is amended by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following new subsection: (c) Health care In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax equal to 6.7 percent of the amount of the self-employment income for such taxable year. . (c) Comparable taxes for railroad services (1) Tax on employers Section 3221 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Health care In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 6.7 percent of the compensation paid by such employer for services rendered to such employer. . (2) Tax on employee representatives Section 3211 (relating to tax on employee representatives) is amended by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following new paragraph: (c) Health care In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to 6.7 percent of the compensation received during the calendar year by such employee representative for services rendered by such employee representative. . (3) No applicable base Subparagraph (A) of section 3231(e)(2) is amended by adding at the end thereof the following new clause: (iv) Health care taxes Clause (i) shall not apply to the taxes imposed by sections 3221(c) and 3211(c). . (4) Technical amendment (A) Subsection (d) of section 3211, as redesignated by paragraph (2), is amended by striking and (b) and inserting , (b), and (c) . (B) Subsection (d) of section 3221, as redesignated by paragraph (1), is amended by striking and (b) and inserting , (b), and (c) . (d) Effective date The amendments made by this section shall apply to remuneration paid after December 31, 2014. 812. Health care income tax (a) General rule Subchapter A of chapter 1 (relating to determination of tax liability) is amended by adding at the end thereof the following new part: VIII Health care related taxes Subpart A.—Health care income tax on individuals A Health care income tax on individuals Sec. 59B. Health care income tax. 59B. Health care income tax (a) Imposition of tax In the case of an individual, there is hereby imposed on the taxable income of the taxpayer for the taxable year a tax (in addition to any other tax imposed by this subtitle) determined in accordance with the following tables: (1) Married individuals filing joint returns and surviving spouses In the case of any taxpayer making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), the following table shall apply: If taxable income is: The tax is: Not over $250,000 2.2% of taxable income. Over $250,000 but not over $400,000 $5,500, plus 3.2% of the excess over $250,000. Over $400,000 but not over $600,000 $10,300, plus 4.2% of the excess over $400,000. Over $600,000 $18,700, plus 5.2% of the excess over $600,000. (2) Other taxpayers In the case of any taxpayer not described in paragraph (1), the following table shall apply: If taxable income is: The tax is: Not over $200,000 2.2% of taxable income. Over $200,000 but not over $400,000 $4,400, plus 3.2% of the excess over $200,000. Over $400,000 but not over $600,000 $10,800, plus 4.2% of the excess over $400,000. Over $600,000 $19,200, plus 5.2% of the excess over $600,000. (b) Inflation adjustment (1) In general In the case of any taxable year beginning after 2015, each of the dollar amounts set forth in the tables in subsection (a) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If the amount as adjusted under paragraph (1) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. (c) No credits against tax; no effect on minimum tax The tax imposed by this section shall not be treated as a tax imposed by this chapter for purposes of determining— (1) the amount of any credit allowable under this chapter, or (2) the amount of the minimum tax imposed by section 55. (d) Special rules (1) Tax to be withheld, etc For purposes of this title, the tax imposed by this section shall be treated as imposed by section 1. (2) Reimbursement of tax by employer not includible in gross income The gross income of an employee shall not include any payment by his employer to reimburse the employee for the tax paid by the employee under this section. (3) Other rules The rules of section 59A(d) shall apply to the tax imposed by this section. . (b) Clerical amendment The table of parts for subchapter A of chapter 1 is amended by adding at the end the following new item: Part VIII—Health care related taxes . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 813. Surcharge on high income individuals (a) In general Part VIII of subchapter A of chapter 1, as added by this title, is amended by adding at the end the following new subpart: B Surcharge on high income individuals Sec. 59C. Surcharge on high income individuals. 59C. Surcharge on high income individuals (a) General rule In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 5.4 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $1,000,000. (b) Taxpayers not making a joint return In the case of any taxpayer other than a taxpayer making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), subsection (a) shall be applied by substituting $500,000 for $1,000,000 . (c) Modified adjusted gross income For purposes of this section, the term modified adjusted gross income means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e). (d) Special rules (1) Nonresident alien In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. (2) Citizens and residents living abroad The dollar amount in effect under subsection (a) (after the application of subsection (b)) shall be decreased by the excess of— (A) the amounts excluded from the taxpayer’s gross income under section 911, over (B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). (3) Charitable trusts Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). (4) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. . (b) Clerical amendment The table of subparts for part VIII of subchapter A of chapter 1, as added by this title, is amended by inserting after the item relating to subpart A the following new item: Subpart B. Surcharge on high income individuals . (c) Section 15 not To apply The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. C Other financing provisions 821. Tax on Securities Transactions (a) In general Chapter 36 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) Credit for first $100,000 of stock transactions per year Subpart C of part IV of subchapter A of chapter 1 is amended by inserting after section 36A the following new section: 36B. Credit for securities transaction taxes (a) Allowance of credit In the case of any purchaser with respect to a covered transaction, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of— (1) the aggregate amount of tax imposed under section 4475 on covered transactions during the taxable year with respect to which the taxpayer is the purchaser, or (2) $250 ($500 in the case of a joint return). (b) Aggregation rule For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one taxpayer. (c) Definitions For purposes of this section, any term used in this section which is also used in section 4475 shall have the same meaning as when used in section 4475. . (c) Withholding Subchapter A of chapter 3 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. . (d) Conforming amendments (1) Section 6211(b)(4)(A) is amended by inserting 36B, after 36A, . (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36B, after 36A, . (3) The table of subchapters for chapter 36 is amended by inserting after the item relating to subchapter B the following new item: Subchapter C. Tax on securities transactions . (4) The table of sections for subchapter A of chapter 3 is amended by adding at the end the following new item: Sec. 1447. Withholding on securities transactions. . (5) The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 36A the following new item: Sec. 36B. Credit for securities transaction taxes. . (e) 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. IX Conforming Amendments to the Employee Retirement Income Security Act of 1974 901. ERISA inapplicable to health coverage arrangements under State health security programs Section 4 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1003 ) is amended— (1) in subsection (a), by striking (b) or (c) and inserting (b), (c), or (d) ; and (2) by adding at the end the following new subsection: (d) The provisions of this title shall not apply to any arrangement forming a part of a State health security program established pursuant to section 101(b) of the American Health Security Act of 2013 . . 902. Exemption of State health security programs from ERISA preemption Section 514(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1144(b) ) (as amended by sections 904(b)(3)(B) and 1002(b) of this Act) is amended by adding at the end the following new paragraph: (10) Subsection (a) of this section shall not apply to State health security programs established pursuant to section 101(b) of the American Health Security Act of 2013 . . 903. Prohibition of employee benefits duplicative of benefits under State health security programs; coordination in case of workers’ compensation (a) In general Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1131 et seq. ) is amended by adding at the end the following new section: 522. Prohibition of employee benefits duplicative of State health security program benefits; coordination in case of workers’ compensation (a) Subject to subsection (b), no employee benefit plan may provide benefits which duplicate payment for any items or services for which payment may be made under a State health security program established pursuant to section 101(b) of the American Health Security Act of 2013 . (b) (1) Each workers compensation carrier that is liable for payment for workers compensation services furnished in a State shall reimburse the State health security plan for the State in which the services are furnished for the cost of such services. (2) In this subsection: (A) The term workers compensation carrier means an insurance company that underwrites workers compensation medical benefits with respect to one or more employers and includes an employer or fund that is financially at risk for the provision of workers compensation medical benefits. (B) The term workers compensation medical benefits means, with respect to an enrollee who is an employee subject to the workers compensation laws of a State, the comprehensive medical benefits for work-related injuries and illnesses provided for under such laws with respect to such an employee. (C) The term workers compensation services means items and services included in workers compensation medical benefits and includes items and services (including rehabilitation services and long-term-care services) commonly used for treatment of work-related injuries and illnesses. . (b) Conforming amendment Section 4(b) of such Act ( 29 U.S.C. 1003(b) ) is amended by adding at the end the following: Paragraph (3) shall apply subject to section 522(b) (relating to reimbursement of State health security plans by workers compensation carriers). . (c) Clerical amendment The table of contents in section 1 of such Act is amended by inserting after the item relating to section 521 the following new items: Sec. 522. Prohibition of employee benefits duplicative of State health security program benefits; coordination in case of workers’ compensation. . 904. Repeal of continuation coverage requirements under ERISA and certain other requirements relating to group health plans (a) In general Part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ) is repealed. (b) Conforming amendments (1) Section 502(a) of such Act ( 29 U.S.C. 1132(a) ) is amended— (A) by striking paragraph (7); and (B) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively. (2) Section 502(c)(1) of such Act ( 29 U.S.C. 1132(c)(1) ) is amended by striking paragraph (1) or (4) of section 606, . (3) Section 514(b) of such Act ( 29 U.S.C. 1144(b) ) is amended— (A) in paragraph (7), by striking section 206(d)(3)(B)(i)), and all that follows and inserting section 206(d)(3)(B)(i)). ; and (B) by striking paragraph (8). (4) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by striking the items relating to part 6 of subtitle B of title I of such Act. 905. Effective date of title The amendments made by this title shall take effect January 1, 2016. X Additional Conforming Amendments 1001. Repeal of certain provisions in Internal Revenue Code of 1986 The provisions of titles III and IV of the Health Insurance Portability and Accountability Act of 1996 , other than subtitles D and H of title III and section 342, are repealed and the provisions of law that were amended or repealed by such provisions are hereby restored as if such provisions had not been enacted. 1002. Repeal of certain provisions in the Employee Retirement Income Security Act of 1974 (a) In general Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1181 et seq. ) is repealed and the items relating to such part in the table of contents in section 1 of such Act are repealed. (b) Conforming amendment Section 514(b) of such Act ( 29 U.S.C. 1144(b) ) is amended by striking paragraph (9). 1003. Repeal of certain provisions in the Public Health Service Act and related provisions (a) In general Titles XXII and XXVII of the Public Health Service Act (42 U.S.C. 300bb–1 et seq., 300gg et seq.) are repealed. (b) Certain PPACA provisions Title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) (and the amendments made by such title) is repealed. (c) Additional amendments (1) Section 1301(b) of such Act ( 42 U.S.C. 300e(b) ) is amended by striking paragraph (6). (2) Sections 104 and 191 of the Health Insurance Portability and Accountability Act of 1996 are repealed. 1004. Effective date of title The amendments made by this title shall take effect January 1, 2017.

https://www.govinfo.gov/content/pkg/BILLS-113hr1200ih/xml/BILLS-113hr1200ih.xml

113-hr-1201

I 113th CONGRESS 1st Session H. R. 1201 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Schock (for himself and Ms. Schwartz ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Training Tomorrow’s Doctors Today Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Distribution of additional residency positions. Sec. 3. Additional rules relating to application of 3-year rolling average for redistributed residency positions. Sec. 4. Rules for determining full-time equivalent residents. Sec. 5. Treatment of hospitals with rotating residents. Sec. 6. Aggregation rules relating to applying limitation on number of residents. Sec. 7. Period of board eligibility for residents who change programs. Sec. 8. Medicare indirect medical education performance adjustment. Sec. 9. Increasing graduate medical education transparency. Sec. 10. GAO studies and reports. 2. Distribution of additional residency positions (a) DGME Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) ) is amended— (1) in paragraph (4)(F)(i), by striking paragraphs (7) and (8) and inserting paragraphs (7), (8), and (9) ; (2) in paragraph (4)(H)(i), by striking paragraphs (7) and (8) and inserting paragraphs (7), (8), and (9) ; (3) in paragraph (7)(E), by inserting paragraph (9), after paragraph (8), ; and (4) by adding at the end the following new paragraph: (9) Distribution of additional residency positions (A) Additional residency positions (i) In general For each of fiscal years 2014 through 2018 (and succeeding fiscal years if the Secretary determines that there are additional residency positions available to distribute under clause (iv)(II)), the Secretary shall, subject to clause (ii) and subparagraph (D), increase the otherwise applicable resident limit for each qualifying hospital that submits a timely application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1 of the fiscal year of the increase. (ii) Number available for distribution For each such fiscal year, the Secretary shall determine the total number of additional residency positions available for distribution under clause (i) in accordance with the following: (I) Allocation to hospitals already operating over resident limit One-third of such number shall be available for distribution only to hospitals described in subparagraph (B). (II) Aggregate limitation Except as provided in clause (iv)(I), the aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to 3,000 in each such year. (iii) Process for distributing positions (I) Rounds of applications The Secretary shall initiate 5 separate rounds of applications for an increase under clause (i), 1 round with respect to each of fiscal years 2014 through 2018. (II) Number available In each of such rounds, the aggregate number of positions available for distribution in the fiscal year under clause (ii) shall be distributed, plus any additional positions available under clause (iv). (III) Timing The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. (iv) Positions not distributed during the fiscal year (I) In general If the number of resident full-time equivalent positions distributed under this paragraph in a fiscal year is less than the aggregate number of positions available for distribution in the fiscal year (as described in clause (ii), including after application of this subclause), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution in the following fiscal year. (II) Exception if positions not distributed by end of fiscal year 2018 If the aggregate number of positions distributed under this paragraph during the 5-year period of fiscal years 2014 through 2018 is less than 15,000, the Secretary shall, in accordance with the provisions of clause (ii) and subparagraph (D) and the considerations and priority described in subparagraph (C), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 15,000. (B) Allocation of distribution for positions to hospitals already operating over resident limit (i) In general Subject to clauses (ii) and (iii), in the case of a hospital in which the reference resident level of the hospital (as specified in subparagraph (G)(iii)) is greater than the otherwise applicable resident limit, the increase in the otherwise applicable resident limit under subparagraph (A) for a fiscal year described in such subparagraph shall be an amount equal to the product of the total number of additional residency positions available for distribution under subparagraph (A)(ii)(I) for such fiscal year and the quotient of— (I) the number of resident positions by which the reference resident level of the hospital exceeds the otherwise applicable resident limit for the hospital; and (II) the number of resident positions by which the reference resident level of all such hospitals with respect to which an application is approved under this paragraph exceeds the otherwise applicable resident limit for such hospitals. (ii) Requirements A hospital described in clause (i)— (I) is not eligible for an increase in the otherwise applicable resident limit under this subparagraph unless the amount by which the reference resident level of the hospital exceeds the otherwise applicable resident limit is not less than 10 and the hospital trains at least 30 percent of the full-time equivalent residents of the hospital in primary care and general surgery (as of the date of enactment of this paragraph); and (II) shall continue to train at least 30 percent of the full-time equivalent residents of the hospital in primary care and general surgery for the 5-year period beginning on such date. In the case where the Secretary determines that a hospital described in clause (i) no longer meets the requirement of subclause (II), the Secretary may reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph. (iii) Clarification regarding eligibility for other additional residency positions Nothing in this subparagraph shall be construed as preventing a hospital described in clause (i) from applying for and receiving additional residency positions under this paragraph that are not reserved for distribution under this subparagraph. (C) Distribution of other positions For purposes of determining an increase in the otherwise applicable resident limit under subparagraph (A) (other than such an increase described in subparagraph (B)), the following shall apply: (i) Considerations in distribution In determining for which hospitals such an increase is provided under subparagraph (A), the Secretary shall take into account the demonstrated likelihood of the hospital filling the positions made available under this paragraph within the first 5 cost reporting periods beginning after the date the increase would be effective, as determined by the Secretary. (ii) Priority for certain hospitals Subject to clause (iii), in determining for which hospitals such an increase is provided, the Secretary shall distribute the increase in the following priority order: (I) First, to hospitals with approved medical residency training programs affiliated with medical schools that have at least 40 percent of graduates matched in primary care residency program in the 5 years prior. (II) Second, to hospitals in States with (aa) new medical schools that received Candidate School status from the Liaison Committee on Medical Education or that received Pre-Accreditation status from the American Osteopathic Association Commission on Osteopathic College Accreditation on or after January 1, 2000, and that have achieved or continue to progress toward Full Accreditation status (as such term is defined by the Liaison Committee on Medical Education) or toward Accreditation status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation), or (bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with Full Accreditation status (as such term is defined by the Liaison Committee on Medical Education) or Accreditation status (as such term is defined by the American Osteopathic Association Commission on Osteopathic College Accreditation). (III) Third, to hospitals that are eligible for incentive payments under section 1886(n) or 1903(t) as of the date the hospital submits an application for such increase under subparagraph (A). (IV) Fourth, to all other hospitals. (iii) Distribution to hospitals in higher priority group prior to distribution in lower priority groups The Secretary may only distribute such an increase to a lower priority group under clause (ii) if all qualifying hospitals in the higher priority group or groups have received the maximum number of increases under such subparagraph that the hospital is eligible for under this paragraph for the fiscal year. (iv) Requirements for use of additional positions (I) In general Subject to subclause (II), a hospital that receives such an increase shall ensure, during the 5-year period beginning on the effective date of such increase, that— (aa) not less than 50 percent of the positions attributable to such increase that are used in a given year during such 5-year period are used to train full-time equivalent residents in a shortage specialty residency program (as defined in subparagraph (G)(v)), as determined by the Secretary at the end of such 5-year period; (bb) the total number of full-time equivalent residents, excluding any additional positions attributable to such increase, is not less than the average number of full-time equivalent residents during the 3 most recent cost reporting periods ending on or before the effective date of such increase; and (cc) the ratio of full-time equivalent residents in a shortage specialty residency program (as so defined) is not less than the average ratio of full-time equivalent residents in such a program during the 3 most recent cost reporting periods ending on or before the effective date of such increase. (II) Redistribution of positions if hospital no longer meets certain requirements With respect to each fiscal year described in subparagraph (A), the Secretary shall determine whether or not a hospital described in subclause (I) meets the requirements of such subclause. In the case that the Secretary determines that such a hospital does not meet such requirements, the Secretary shall— (aa) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this paragraph; and (bb) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. (D) Limitation A hospital may not receive more than 75 full-time equivalent additional residency positions under this paragraph for any fiscal year. (E) Application of per resident amounts for primary care and nonprimary care With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. (F) Permitting facilities to apply aggregation rules The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. (G) Definitions In this paragraph: (i) Otherwise applicable resident limit The term otherwise applicable resident limit means, with respect to a hospital, the limit otherwise applicable under subparagraphs (F)(i) and (H) of paragraph (4) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), and (8)(B). (ii) Primary care The term primary care means family medicine, general internal medicine, general pediatrics, geriatrics, preventive medicine, obstetrics and gynecology, general surgery, and psychiatry. (iii) Reference resident level Except as otherwise provided in subclause (II), the term reference resident level means, with respect to a hospital, the resident level for the most recent cost reporting period of the hospital ending on or before the date of enactment of this paragraph, for which a cost report has been settled (or, if not, submitted (subject to audit)), as determined by the Secretary. (iv) Resident level The term resident level has the meaning given such term in paragraph (7)(C)(i). (v) Shortage specialty residency program The term shortage specialty residency program means the following: (I) Prior to report on shortage specialties Prior to the date on which the report is submitted under section 10(a) of the Training Tomorrow’s Doctors Today Act, any approved residency training program in a specialty identified in the report entitled The Physician Workforce: Projections and Research into Current Issues Affecting Supply and Demand , issued in December 2008 by the Health Resources and Services Administration, as a specialty whose baseline physician requirements projections exceed the projected supply of total active physicians for the period of 2005 through 2020. (II) After report on shortage specialities On or after the date on which the report is submitted under such section 5, any approved residency training program in a physician specialty identified in such report as a specialty for which there is a shortage. . (b) IME Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) ) is amended— (1) in clause (v), in the second sentence, by striking subsections (h)(7) and (h)(8) and inserting subsections (h)(7), (h)(8), and (h)(9) ; (2) by redesignating clause (x), as added by section 5505(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), as clause (xi) and moving such clause 4 ems to the left; and (3) by adding after clause (xi), as redesignated by subparagraph (A), the following new clause: (xii) For discharges occurring on or after July 1, 2014, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(9), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions. . 3. Additional rules relating to application of 3-year rolling average for redistributed residency positions (a) Elimination of 3-Year rolling average relating to redistributions after a hospital closes and under PPACA redistributions (1) DGME (A) Redistribution of residency slots after a hospital closes (i) In general Section 1886(h)(4)(H)(vi) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(H)(vi)) is amended by adding at the end the following new subclause: (VI) Three-year rolling average inapplicable In applying subparagraph (G), in the case of additional residency positions in a hospital attributable to the increase in the otherwise applicable resident limit provided under this paragraph pursuant to this clause, the reference to the average of the actual full-time equivalent resident counts for the cost reporting period and the preceding two cost reporting periods shall be deemed to be a reference to the actual full-time equivalent residents count for the cost reporting period . . (ii) Effective date The amendment made by clause (i) shall apply with respect to hospitals with an approved medical residency program that closes on or after March 23, 2008. (B) Distribution of additional residency slots under PPACA (i) In general Section 1886(h)(8) of the Social Security Act ( 42 U.S.C. 1395ww(h)(8) ) is amended by adding at the end the following new subparagraph: (J) Three-year rolling average inapplicable In applying paragraph (4)(G), in the case of additional residency positions in a hospital attributable to the increase in the otherwise applicable resident limit provided under this paragraph, the reference to the average of the actual full-time equivalent resident counts for the cost reporting period and the preceding two cost reporting periods shall be deemed to be a reference to the actual full-time equivalent residents count for the cost reporting period . . (ii) Effective date The amendment made by clause (i) shall apply with respect to cost reporting periods occurring on or after July 1, 2011. (2) 3-year rolling average and Intern and Resident Bed ratio cap inapplicable under IME (A) In general Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)), as amended by section 2(b), is further amended— (i) in subclause (I) of clause (xi), as redesignated by section 2(b)(2), by striking The provisions and inserting Subject to clauses (xiii) and (xiv) ; and (ii) by adding at the end the following new clauses: (xiii) In the case of additional residency positions in a hospital attributable to the increase in the otherwise applicable resident limit provided under subsection (h)(4)(H)(vi) or (h)(8), the provisions of clause (vi)(II) shall be applied be deeming the reference to the average of the actual full-time equivalent resident count for the cost reporting period and the preceding two cost reporting periods to be a reference to the actual full-time equivalent resident count for the cost reporting period . (xiv) In the case of additional residency positions in a hospital attributable to the increase in the otherwise applicable resident limit provided under subsection (h)(4)(H)(vi) or (h)(8), the ratio of the hospital’s full-time equivalent interns and residents to beds shall be equal to the ratio for the hospital’s current cost reporting period. . (B) Effective date The amendments made by subparagraph (A) shall apply— (i) to the extent such amendments relate to section 1886(h)(4)(H)(vi) of the Social Security Act, as if included in the enactment of section 5506 of the Patient Protection and Affordable Care Act; and (ii) to the extent such amendments relate to section 1886(h)(8) of the Social Security Act, as if included in the enactment of section 5503 of the Patient Protection and Affordable Care Act. (b) Elimination of 3-Year Rolling Average and Intern and Resident Bed Ratio Cap beginning in 2013 (1) DGME Section 1886(h)(4)(G) of the Social Security Act ( 42 U.S.C. 1395ww(h)(4)(G) ) is amended— (A) in clause (i), by inserting and before December 31, 2012, after October 1, 1997, ; and (B) by adding at the end the following new clause: (iv) Current year count used to determine full-time equivalent resident count For cost reporting periods beginning on or after December 31, 2012, subject to the limit described in subparagraph (F), the total number of full-time equivalent residents for determining a hospital’s graduate medical education payment shall equal the actual full-time equivalent residents count for the hospital’s cost reporting period. . (2) IME Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) ), as amended by subsection (b), is further amended by adding at the end the following new clauses: (xv) For cost reporting periods beginning on or after December 31, 2012, subject to the limits described in clauses (iv) and (v), the total number of full-time equivalent residents for payment purposes shall equal the actual full-time equivalent resident count for the hospital’s cost reporting period. (xvi) For cost reporting periods beginning on or after December 31, 2012, the ratio of the hospital’s full-time equivalent interns and residents to beds shall be equal to the ratio for the hospital’s cost reporting period. . 4. Rules for determining full-time equivalent residents (a) DGME Section 1886(h)(4) of the Social Security Act ( 42 U.S.C. 1395ww(h)(4) ) is amended— (1) in subparagraph (E), by striking Subject to subparagraphs (J) and (K), such rules and inserting Subject to subparagraphs (J), (K), and (L), such rules ; (2) in subparagraph (J), by striking Such rules and inserting Subject to subparagraph (L), such rules (3) in subparagraph (K), by striking In determining and inserting Subject to subparagraph (L), in determining ; and (4) by adding at the end the following new subparagraph: (L) Treatment of time spent in approved medical residency training program with respect to certain hospitals For purposes of cost reporting periods beginning on or after July 1, 2014, in determining the number of full-time equivalent residents of the hospital for purposes of this paragraph, all the time spent by an intern or resident in an approved medical residency training program, regardless of setting, shall be counted toward the determination of full-time equivalency, and subparagraphs (J) and (K) shall not apply, if the hospital— (i) is recognized as a subsection (d) hospital; (ii) is recognized as a subsection (d) Puerto Rico hospital; (iii) is reimbursed under a reimbursement system authorized under section 1814(b)(3); or (iv) is a provider-based hospital outpatient department. . (b) IME The second clause (x) of section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) ) is amended— (1) in subclause (II), by striking In determining and inserting Subject to subclause (x)(IV), in determining ; (2) in subclause (III), by striking In determining and inserting Subject to subclause (x)(IV), in determining ; and (3) by adding at the end the following new subclause: (IV) The provisions of subparagraph (L) of subsection (h)(4) shall apply under this subparagraph in the same manner as they apply under such subsection. . 5. Treatment of hospitals with rotating residents Section 1886(h)(2)(F) of the Social Security Act ( 42 U.S.C. 1395ww(h)(2)(F) ) is amended by adding at the end the following sentence: In applying this subparagraph for cost reporting periods beginning on or after July 1, 2013, the Secretary shall not treat a cost reporting period for which a hospital trains residents participating in a program of another hospital as a period for which the hospital has an approved medical residency training program. . 6. Aggregation rules relating to applying limitation on number of residents (a) Required rules To permit members of same affiliated group To elect To apply limitation on aggregate level Section 1886(h)(4)(H)(ii) of the Social Security Act ( 42 U.S.C. 1395ww(h)(4)(H)(ii) ) is amended by striking may and inserting shall . (b) Election for new facilities Such section is further amended by adding at the end the following new sentence: Such rules shall provide that all facilities established on or after January 1, 2000, whose resident limits are adjusted according to this subparagraph on or after January 1, 1997, may elect to apply the limitation under subparagraph (F) on an aggregate basis after a period specified by the Secretary but that shall not exceed 5 years from the date of such adjustment. . 7. Period of board eligibility for residents who change programs Section 1886(h)(5)(G) of the Social Security Act ( 42 U.S.C. 1395ww(h)(5)(G) ) is amended— (1) in clause (i), by striking (iv), and (v) and inserting (iv), (v), and (vi) ; and (2) by adding at the end the following new clause: (vi) In the case of a resident who changes residency specialties, the period of board eligibility and the initial residency period shall be equal to the minimum number of years of formal training required to satisfy the requirements for the initial board eligibility of the program into which the resident transfers. . 8. Medicare indirect medical education performance adjustment Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended— (1) in subsection (d)(5)(B), in the matter preceding clause (i), by inserting subject to subsection (t) and before except as follows ; and (2) by adding at the end the following new subsection: (t) Indirect medical education performance adjustments (1) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish and implement procedures under which the amount of payments that a hospital (as defined in paragraph (11)) would otherwise receive for indirect medical education costs under subsection (d)(5)(B) for discharges occurring during a fiscal year is adjusted based on the reporting of measures and the performance of the hospital on measures of patient care priorities specified by the Secretary. (2) Adjustments to begin in fiscal year 2018 The adjustments shall apply to payments for discharges occurring— (A) with respect to the adjustments for reporting under paragraph (8)(A), during fiscal year 2018; and (B) with respect to the adjustments for performance under paragraph (8)(B), on or after October 1, 2018. (3) Measures The measures of patient care priorities specified by the Secretary under this subsection shall include the extent of training provided in— (A) the delivery of services categorized as evaluation and management codes by the Centers for Medicare & Medicaid Services; (B) a variety of settings and systems; (C) the coordination of patient care across settings; (D) the relevant cost and value of various diagnostic and treatment options; (E) interprofessional and multidisciplinary care teams; (F) methods for identifying system errors and implementing system solutions; and (G) the use of health information technology. (4) Measure development process (A) In general The measures of patient care specified by the Secretary under this subsection— (i) shall— (I) be measures that have been adopted or endorsed by an accrediting organization (such as the Accreditation Council for Graduate Medical Education or American Osteopathic Association); and (II) be measures that the Secretary identifies as having used a consensus-based process for developing such measures; and (ii) may include measures that have been submitted by teaching hospitals and medical schools. (B) Proposed set of initial measures Not later than July 1, 2015, the Secretary shall publish in the Federal Register a proposed initial set of measures for use under this subsection. The Secretary shall provide for a period of public comment on such measures. (C) Final set of initial measures Not later than January 1, 2016, the Secretary shall publish in the Federal Register the set of initial measures to be specified by the Secretary for use under this subsection. (D) Update of measures The Secretary may, through notice and comment rulemaking, periodically update the measures specified under this subsection pursuant to the requirements under subparagraph (A). (5) Performance standards The Secretary shall establish performance standards with respect to measures specified by the Secretary under this subsection for a performance period for a fiscal year (as established under paragraph (6)). (6) Performance period The Secretary shall establish the performance period for a fiscal year. Such performance period shall begin and end prior to the beginning of such fiscal year. (7) Reporting of measures The procedures established and implemented under paragraph (1) shall include a process under which hospitals shall submit data on the measures specified by the Secretary under this subsection to the Secretary in a form and manner, and at a time, specified by the Secretary for purposes of this subsection. (8) Adjustments (A) Reporting for fiscal year 2018 For fiscal year 2018, in the case of a hospital that does not submit, to the Secretary in accordance with this subsection, data required to be submitted under paragraph (7) for a period (determined appropriate by the Secretary) for such fiscal year, the total amount that the hospital would otherwise receive under subsection (d)(5)(B) for discharges in such fiscal year shall be reduced by 0.5 percent. (B) Performance for fiscal year 2019 and subsequent fiscal years (i) In general Subject to clause (ii), based on the performance of each hospital with respect to compliance with the measures for a performance period for a fiscal year (beginning with fiscal year 2019), the Secretary shall determine the amount of any adjustment under this subparagraph to payments to the hospital under subsection (d)(5)(B) for discharges in such fiscal year. Such adjustment may not exceed an amount equal to 2 percent of the total amount that the hospital would otherwise receive under such subsection for discharges in such fiscal year. (ii) Budget neutral In making adjustments under this subparagraph, the Secretary shall ensure that the total amount of payments made to all hospitals under subsection (d)(5)(B) for discharges in a fiscal year is equal to the total amount of payments that would have been made to such hospitals under such subsection for discharges in such fiscal year if this subsection had not been enacted. (9) No effect in subsequent fiscal years Any adjustment under subparagraph (A) or (B) of paragraph (8) shall apply only with respect to the fiscal year involved, and the Secretary shall not take into account any such adjustment in making payments to a hospital under this section in a subsequent fiscal year. (10) Evaluation of submission of performance measures Not later than January 1, 2018, the Secretary shall submit to Congress a report on the implementation of this subsection, including— (A) the measure development procedures, including any barriers to measure development; (B) the compliance with reporting on the performance measures, including any barriers to such compliance; and (C) recommendations to address any barriers described in subparagraph (A) or (B). (11) Definition of hospital In this subsection, the term hospital means a hospital that receives payments under subsection (d)(5)(B). . 9. Increasing graduate medical education transparency (a) In general Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress and the National Health Care Workforce Commission a report on the graduate medical education payments that hospitals receive under the Medicare program. The report shall include the following information with respect to each hospital that receives such payments: (1) The direct graduate medical education payments made to the hospital under section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) ). (2) The total costs of direct graduate medical education to the hospital as reported on the annual Medicare Cost Reports. (3) The indirect medical education payments made to the hospital under section 1886(d)(5)(B) of such Act ( 42 U.S.C. 1395ww(d)(1)(B) ). (4) The number of full-time-equivalent residents counted for purposes of making the payments described in paragraph (1). (5) The number of full-time-equivalent residents counted for purposes of making the payments described in paragraph (3). (6) The number of full-time-equivalent residents, if any, that are not counted for purposes of making payments described in paragraph (1). (7) The number of full-time-equivalent residents, if any, that are not counted for purposes of making payments described in paragraph (3). (8) The factors contributing to the higher costs of patient care provided by the hospital, including— (A) the costs of trauma, burn, other standby services; (B) translation services for disabled or non-English speaking patients; (C) the cost of uncompensated care; (D) financial losses with respect to Medicaid patients; and (E) uncompensated costs of clinical research. 10. GAO studies and reports (a) On physician workforce (1) Study The Comptroller General of the United States shall conduct a study on the physician workforce. Such study shall include the identification of physician specialties for which there is a shortage, as defined by the Comptroller General. (2) Report Not later than January 1, 2015, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (b) On strategies for increasing diversity (1) Study The Comptroller General of the United States shall conduct a study on strategies for increasing the diversity of the health professional workforce. Such study shall include an analysis of strategies for increasing the number of health professionals from rural, lower income, and under-represented minority communities, including which strategies are most effective for achieving such goal. (2) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) On protecting older adults (1) Study The Comptroller General of the United States shall conduct a study that addresses the competency of the physician workforce to care for older adults upon the completion of such workforce’s residency training. (2) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on such study, including such recommendations for legislation and administrative action as the Comptroller General determines appropriate based on such study.

https://www.govinfo.gov/content/pkg/BILLS-113hr1201ih/xml/BILLS-113hr1201ih.xml

113-hr-1202

I 113th CONGRESS 1st Session H. R. 1202 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Austin Scott of Georgia (for himself, Mr. Duncan of South Carolina , and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on the Budget , 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 prevent a fiscal crisis by enacting legislation to balance the Federal budget through reductions of discretionary and mandatory spending. 1. Short title This Act may be cited as the One Percent Spending Reduction Act of 2013 . 2. Congressional findings and purpose (a) Findings The Congress finds the following: (1) The fiscal crisis faced by the Federal Government demands immediate action. (2) The dramatic growth in spending and debt in recent years threatens our economic and national security: (A) Federal spending has grown from 18 percent of GDP in 2001 to nearly 23 percent of GDP in 2012. (B) Total Federal debt exceeds $16,000,000,000,000 and is projected to increase each year over the next 10 years. (C) Without action, the Federal Government will continue to run massive deficits in the next decade and total Federal debt will rise to $26,000,000,000,000 by 2023. (D) Interest payments on this debt will soon rise to the point where balancing the budget as a matter of policy is beyond the reach of Congress. (3) Due to recent tax hikes, Federal revenues are scheduled to rise to approximately 19 percent of GDP, a full percentage point above the average of about 18 percent of GDP over the past 40 years. (4) Absent reform, the growth of Social Security, Medicare, Medicaid, and other health-related spending will overwhelm all other Federal programs and consume all projected tax revenues. (b) Purpose The purpose of this Act is to address the fiscal crisis by— (1) acting quickly to balance the Federal budget and eliminate the parade of deficits and ballooning interest payments; (2) achieving balance by reducing spending one percent per year until spending equals projected long-term revenues; and (3) reforming entitlement programs to ensure long-term fiscal stability and balance. 3. Establishment and enforcement of spending cap (a) Outlay caps The Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following: 253A. Establishing outlay caps In this section, the term outlay cap means: (a) Fiscal year 2014 For fiscal year 2014, the aggregate projected outlays (less interest payments) for fiscal year 2013 (as estimated by the Congressional Budget Office prior to March, 2013), less one percent. (b) Fiscal year 2015 For fiscal year 2015, the aggregate projected outlays (less interest payments) for fiscal year 2014 (as estimated by the Congressional Budget Office prior to March, 2014), less one percent. (c) Fiscal year 2016 For fiscal year 2016, the aggregate projected outlays (less interest payments) for fiscal year 2015 (as estimated by the Congressional Budget Office prior to March, 2015), less one percent. (d) Fiscal year 2017 For fiscal year 2017, the aggregate projected outlays (less interest payments) for fiscal year 2016 (as estimated by the Congressional Budget Office prior to March, 2016), less one percent. (e) Fiscal year 2018 For fiscal year 2018, the aggregate projected outlays (less interest payments) for fiscal year 2017 (as estimated by the Congressional Budget Office prior to March, 2017), less one percent. (f) Fiscal year 2019 and subsequent fiscal years For fiscal year 2019 and for each subsequent fiscal year, 18 percent of Gross Domestic Product for that calendar year (as estimated by the Congressional Budget Office prior to March of the previous fiscal year). . (b) Conforming amendments to BBEDCA (1) Sequestration preview reports Section 254(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: (4) Outlay cap sequestration reports The preview reports shall set forth for the budget year estimates for the following: (A) (i) For each of budget years 2014 through 2019: the aggregate projected outlays (less net interest payment), less one percent. (ii) For budget year 2020 and each subsequent budget year: the estimated gross domestic product (GDP) for that budget year. (B) The amount of reductions required under section 253A. (C) The sequestration percentage necessary to achieve the required reduction under section 253A. . (2) Final sequestration reports Section 254(f)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: (3) Outlay caps sequestration reports The final reports shall contain all the information required in the outlay cap sequestration preview reports. In addition, these report shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary sources to be sequestered and result in outlay reductions. The report shall also contain estimates of the effects on outlays on the sequestration of each outyear for direct spending programs. . (c) Enforcement Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following: 316. Enforcement procedures (a) Outlay caps It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported, current outlay cap set forth in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985 to be breached. (b) Waiver or suspension (1) In the Senate The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. (2) In the House The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, duly chosen and sworn. (c) Point of order protection In the House, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). (d) Motion To suspend It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV. . 4. Conforming amendments The table of contents set forth in— (1) section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: Sec. 316. Enforcement procedures. ; and (2) section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following new item: Sec. 253A. Establishing outlay caps. . 5. Effective date This Act and the amendments made by it shall apply to fiscal year 2014 and subsequent fiscal years, including any reports and calculations required for implementation in fiscal year 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr1202ih/xml/BILLS-113hr1202ih.xml

113-hr-1203

I 113th CONGRESS 1st Session H. R. 1203 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to provide an Inspector General for the judicial branch, and for other purposes. 1. Short title This Act may be cited as the Judicial Transparency and Ethics Enhancement Act of 2013 . 2. Inspector general for the judicial branch (a) Creation and Duties Part III of title 28, United States Code, is amended by adding at the end the following: 60 INSPECTOR GENERAL FOR THE JUDICIAL BRANCH Sec. 1021. Establishment. 1022. Appointment, term, and removal of Inspector General. 1023. Duties. 1024. Powers. 1025. Reports. 1026. Whistleblower protection. 1021. Establishment There is established for the judicial branch of the Government the Office of Inspector General for the Judicial Branch (hereinafter in this chapter referred to as the Office ). 1022. Appointment, term, and removal of Inspector General (a) Appointment The head of the Office shall be the Inspector General, who shall be appointed by the Chief Justice of the United States after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. (b) Term The Inspector General shall serve for a term of four years and may be reappointed by the Chief Justice of the United States for any number of additional terms. (c) Removal The Inspector General may be removed from office by the Chief Justice of the United States. The Chief Justice shall communicate the reasons for any such removal to both Houses of Congress. 1023. Duties With respect to the Judicial Branch, other than the United States Supreme Court, the Office shall— (1) conduct investigations of alleged misconduct in the Judicial Branch under chapter 16, that may require oversight or other action within the Judicial Branch or by Congress; (2) conduct and supervise audits and investigations; (3) prevent and detect waste, fraud, and abuse; and (4) recommend changes in laws or regulations governing the Judicial Branch. 1024. Powers (a) Powers In carrying out the duties of the Office, the Inspector General shall have the power— (1) to make investigations and reports; (2) to obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; (3) to require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; (4) to administer to or take from any person an oath, affirmation, or affidavit; (5) to employ such officers and employees, subject to the provisions of title 5, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; (6) to obtain services as authorized by section 3109 of title 5 at daily rates not to exceed the equivalent rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5, United States Code; and (7) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office. (b) Chapter 16 matters The Inspector General shall not commence an investigation under section 1023(1) until the denial of a petition for review by the judicial council of the circuit under section 352(c) of this title or upon referral or certification to the Judicial Conference of the United States of any matter under section 354(b) of this title. (c) Limitation The Inspector General shall not have the authority— (1) to investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge or court; or (2) to punish or discipline any judge or court. 1025. Reports (a) When To Be Made The Inspector General shall— (1) make an annual report to the Chief Justice and to Congress relating to the activities of the Office; and (2) make prompt reports to the Chief Justice and to Congress on matters that may require action by them. (b) Sensitive Matter If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session. (c) Duty To Inform Attorney General In carrying out the duties of the Office, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. 1026. Whistleblower protection (a) In General No officer, employee, agent, contractor or subcontractor in the Judicial Branch may discharge, demote, threaten, suspend, harass or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge or any other employee in the Judicial Branch, which may assist the Inspector General in the performance of duties under this chapter. (b) Civil Action An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief. . (b) Clerical Amendment The table of chapters for part III of title 28, United States Code, is amended by adding at the end the following new item: 60. Inspector General for the Judicial Branch 1021 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1203ih/xml/BILLS-113hr1203ih.xml

113-hr-1204

I 113th CONGRESS 1st Session H. R. 1204 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Thompson of Mississippi (for himself, Mr. Richmond , Ms. Jackson Lee , and Mr. Swalwell of California ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to establish an Aviation Security Advisory Committee, and for other purposes. 1. Short title This Act may be cited as the Aviation Security Stakeholder Participation Act of 2013 . 2. Aviation Security Advisory Committee (a) In general Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following: 44946. Aviation Security Advisory Committee (a) Establishment The Assistant Secretary shall establish within the Transportation Security Administration an advisory committee to be known as the Aviation Security Advisory Committee . (b) Duties (1) In general The Assistant Secretary shall consult the Advisory Committee on aviation security matters, including on the development and implementation of policies, programs, rulemaking, and security directives pertaining to aviation security, while adhering to sensitive security guidelines. (2) Recommendations (A) In general The Advisory Committee shall develop, at the request of the Assistant Secretary, recommendations for improvements to aviation security. (B) Recommendations of subcommittees Recommendations agreed upon by the subcommittees established under this section shall be approved by the Advisory Committee for transmission to the Assistant Secretary. (3) Periodic reports The Advisory Committee shall periodically submit to the Assistant Secretary— (A) reports on matters identified by the Assistant Secretary; and (B) reports on other matters identified by a majority of the members of the Advisory Committee. (4) Annual report The Advisory Committee shall submit to the Assistant Secretary an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year. (c) Membership (1) Appointment (A) In general Not later than 180 days after the date of enactment of this section, the Assistant Secretary shall appoint the members of the Advisory Committee. (B) Composition The membership of the Advisory Committee shall consist of individuals representing not more than 30 member organizations. Each organization shall be represented by one individual (or the individual’s designee). (C) Representation The membership of the Advisory Committee shall include representatives of air carriers, all cargo air transportation, indirect air carriers, labor organizations representing air carrier employees, aircraft manufacturers, airport operators, general aviation, privacy organizations, the travel industry, airport based businesses, including minority owned small businesses, passenger advocacy groups, and the aviation technology security industry, including biometrics. (2) Removal The Assistant Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. (3) Prohibition on compensation The members of the Advisory Committee shall not receive pay, allowances, or benefits from the Government by reason of their service on the Advisory Committee. (4) Meetings The Assistant Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. (d) Air cargo security subcommittee (1) In general The Assistant Secretary shall establish within the Advisory Committee an air cargo security subcommittee to provide recommendations on air cargo security issues, including the implementation of the air cargo security programs established by the Transportation Security Administration to screen air cargo on passenger aircraft and all-cargo aircraft in accordance with established cargo screening mandates. (2) Meetings and reporting The subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding air cargo security. Such submissions shall include recommendations to improve the Transportation Security Administration’s cargo security initiatives established to meet the requirements of section 44901(g). (3) Membership The subcommittee shall— (A) include members of the Advisory Committee with expertise in air cargo operations; and (B) be cochaired by a Government and industry official. (e) General aviation security subcommittee (1) In general The Assistant Secretary shall establish within the Advisory Committee a general aviation subcommittee to provide recommendations on transportation security issues for general aviation facilities, general aviation aircraft, and helicopter operations at general aviation and commercial service airports. (2) Meetings and reporting The subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding aviation security at general aviation airports. (3) Membership The subcommittee shall— (A) include members of the Advisory Committee with expertise in general aviation; and (B) be cochaired by a Government and industry official. (f) Perimeter security subcommittee (1) In general The Assistant Secretary shall establish within the Advisory Committee an airport perimeter security subcommittee to provide recommendations on airport perimeter security and access control issues. (2) Meetings and reporting The subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding improving perimeter security and access control procedures at commercial service and general aviation airports. (3) Membership The subcommittee shall— (A) include members of the Advisory Committee with expertise in airport perimeter security and access control issues; and (B) be cochaired by a Government and industry official. (g) Risk-Based subcommittee (1) In general The Assistant Secretary shall establish within the Advisory Committee a risk-based subcommittee to provide recommendations on passenger screening policies and cargo. (2) Meetings and reporting The subcommittee shall meet at least quarterly and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including recommendations, regarding the Transportation Security Administration’s risk-based security programs. (3) Membership The subcommittee shall— (A) include members of the Advisory Committee with expertise in passenger advocacy and airport security operations; and (B) be cochaired by a Government and industry official. (h) Other subcommittees The Assistant Secretary, in consultation with the Advisory Committee, may establish within the Advisory Committee any other subcommittee that the Assistant Secretary and Advisory Committee determine necessary. (i) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee and its subcommittees. (j) Definitions In this section, the following definitions apply: (1) Advisory Committee The term Advisory Committee means the Aviation Security Advisory Committee established under subsection (a). (2) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Homeland Security (Transportation Security Administration). (3) Perimeter security The term perimeter security — (A) means procedures or systems to monitor, secure, and prevent unauthorized access to an airport, including its airfield and terminal; and (B) includes the fence area surrounding an airport, access gates, and access controls. . (b) Clerical amendment The analysis for subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following new item: 44946. Aviation Security Advisory Committee. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1204ih/xml/BILLS-113hr1204ih.xml

113-hr-1205

I 113th CONGRESS 1st Session H. R. 1205 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Walden introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXVII of the Public Health Service Act to require health insurance issuers and group health plans to disclose information regarding how certain taxes and fees impact the amount of premiums, and for other purposes. 1. Short title This Act may be cited as the Patients Right to Know Act of 2013 . 2. Protection of certain health insurance disclosures (a) In general Section 2715 of the Public Health Service Act ( 42 U.S.C. 300gg–15 ) is amended by adding at the end the following new subsection: (h) Protection of disclosure of fee and other additional information (1) In general A health insurance issuer or sponsor of a group health plan, with respect to its annual summary of benefits and coverage explanation provided under subsection (d)— (A) shall include (effective for plan years beginning on or after January 1, 2016, and in addition to the information required to be disclosed under this section)— (i) the applicable additional information relating to fees described in paragraph (2); and (ii) the applicable additional information included under paragraph (3)(D); and (B) shall not be subject to any administrative action by the Secretary or by a State authority with respect to any disclosure made on or after the date of the enactment of this subsection of such applicable additional information if the disclosure is made based upon a good faith estimate of such information and is in accordance with such standards as the Secretary may establish to carry out this subsection. (2) Fee information The additional information described in this paragraph, with respect to a health insurance issuer issuing health insurance coverage in the individual, small, or large group market and with respect to the sponsor of a group health plan, is as follows: (A) Fee on health insurance providers The annual fee on health insurance providers under section 9010 of the Patient Protection and Affordable Care Act ( 26 U.S.C. 4001 note). (B) PCORI Tax Fees imposed under subchapter B of chapter 34 of the Internal Revenue Code of 1986 (relating to funding the Patient-Centers Outcome Research Institute). (C) Reinsurance contributions Reinsurance contributions required under section 1341(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18061(b) ). (D) Proposed health insurance exchange user fee Fees imposed on health plans relating to participation in an Exchange under subtitle D of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021 et seq. ). (E) Risk corridor payments Risk corridor payments required under section 1342(b)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18062(b)(2) ). (F) Risk adjustment charges Risk adjustment charges imposed under section 1343(a)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18063(a)(1) ). In the case of health insurance coverage, such costs may be calculated separately for such coverage in the individual market, in the small group market, and in the large group market for the health insurance issuer involved. (3) Other information (A) Study The Comptroller General of the United States shall conduct a study of methods of calculating the impact on average premium costs associated with each of the following: (i) Market impact of guaranteed issue and community rating The requirement for guaranteed issuance of coverage under section 2702 and community rated premiums under section 2701. (ii) Age rating impact The requirement of section 2701(a)(1)(A)(iii) (relating to limitations on age rating). (iii) Women’s preventive services The requirement for coverage of women’s preventive services under section 2713. (iv) Minimum essential health benefits coverage The requirement that coverage provide for at least 60 percent of the actuarial value of essential health benefits under section 1302(d) of the Patient Protection and Affordable Care Act. ( 42 U.S.C. 18022(d) ). (B) Consultation In conducting such study, the Comptroller General shall consult with health insurance issuers and State health insurance commissioners. (C) Report Not later than October 1, 2014, the Comptroller General shall submit to each House of Congress and the Secretary a report on the study conducted under subparagraph (A). (D) Inclusion of additional information After submission of such report, the Secretary may also include in the information required to be disclosed under paragraph (1)(A)(ii) information on the impact on premiums of each of the requirements described in subparagraph (A). (4) Retention of State rate setting authority Nothing in this subsection shall be construed to preempt State authority to regulate, reject, alter, or require additional information in support of rates for health insurance coverage or oversight authority of the Secretary. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1205ih/xml/BILLS-113hr1205ih.xml

113-hr-1206

I 113th CONGRESS 1st Session H. R. 1206 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Wittman (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To grant the Secretary of the Interior permanent authority to authorize States to issue electronic duck stamps, and for other purposes. 1. Short title This Act may be cited as the Permanent Electronic Duck Stamp Act of 2013 . 2. Definitions In this Act: (1) Actual stamp The term actual stamp means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 ( 16 U.S.C. 718a et seq. ) (popularly known as the Duck Stamp Act ), that is printed on paper and sold through the means established by the authority of the Secretary immediately before the date of enactment of this Act. (2) Automated licensing system (A) In general The term automated licensing system means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products. (B) Inclusion The term automated licensing system includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A). (3) Electronic stamp The term electronic stamp means an electronic version of an actual stamp that— (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this Act, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under section 4(b). (4) Secretary The term Secretary means the Secretary of the Interior. 3. Authority to issue electronic duck stamps (a) In general The Secretary may authorize any State to issue electronic stamps in accordance with this Act. (b) Consultation The Secretary shall implement this section in consultation with State management agencies. 4. State application (a) Approval of Application required The Secretary may not authorize a State to issue electronic stamps under this Act unless the Secretary has received and approved an application submitted by the State in accordance with this section. The Secretary may determine the number of new States per year to participate in the electronic stamp program. (b) Contents of Application The Secretary may not approve a State application unless the application contains— (1) a description of the format of the electronic stamp that the State will issue under this Act, including identifying features of the licensee that will be specified on the stamp; (2) a description of any fee the State will charge for issuance of an electronic stamp; (3) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; (4) the manner by which the State will transmit electronic stamp customer data to the Secretary; (5) the manner by which actual stamps will be delivered; (6) the policies and procedures under which the State will issue duplicate electronic stamps; and (7) such other policies, procedures, and information as may be reasonably required by the Secretary. (c) Publication of Deadlines, Eligibility Requirements, and Selection Criteria Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish— (1) deadlines for submission of applications; (2) eligibility requirements for submitting applications; and (3) criteria for approving applications. 5. State obligations and authorities (a) Delivery of Actual Stamp The Secretary shall require that each individual to whom a State sells an electronic stamp under this Act shall receive an actual stamp— (1) by not later than the date on which the electronic stamp expires under section 6(c); and (2) in a manner agreed upon by the State and Secretary. (b) Collection and transfer of electronic stamp revenue and customer information (1) Requirement to transmit The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this section— (A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; (B) the face value amount of each electronic stamp sold by the State; and (C) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (2) Time of transmittal The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency. (3) Additional fees not affected This section shall not apply to the State portion of any fee collected by a State under subsection (c). (c) Electronic Stamp Issuance Fee A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this Act, including costs of delivery of actual stamps. (d) Duplicate Electronic Stamps A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (e) Limitation on Authority To Require Purchase of State License A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this Act. 6. Electronic stamp requirements; recognition of electronic stamp (a) Stamp Requirements The Secretary shall require an electronic stamp issued by a State under this Act— (1) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and (2) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (b) Recognition of Electronic Stamp Any electronic stamp issued by a State under this Act shall, during the effective period of the electronic stamp— (1) bestow upon the licensee the same privileges as are bestowed by an actual stamp; (2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. (c) Duration An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. 7. Termination of State participation The authority of a State to issue electronic stamps under this Act may be terminated— (1) by the Secretary, if the Secretary— (A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 4; and (B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date.

https://www.govinfo.gov/content/pkg/BILLS-113hr1206ih/xml/BILLS-113hr1206ih.xml

113-hr-1207

V 113th CONGRESS 1st Session H. R. 1207 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Waxman introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Allan Bolor Kelley. 1. Permanent resident status for Allan Bolor Kelley (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Allan Bolor Kelley 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 Allan Bolor Kelley enters the United States before the filing deadline specified in subsection (c), he 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 Allan Bolor Kelley, 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 Allan Bolor Kelley 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-113hr1207ih/xml/BILLS-113hr1207ih.xml

113-hr-1208

I 113th CONGRESS 1st Session H. R. 1208 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Hastings of Washington (for himself, Mr. Fleischmann , and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and for other purposes. 1. Short title This Act may be cited as the Manhattan Project National Historical Park Act . 2. Findings Congress finds that— (1) the Manhattan Project was an unprecedented top-secret program implemented during World War II to produce an atomic bomb before Nazi Germany; (2) a panel of experts convened by the President’s Advisory Council on Historic Preservation in 2001— (A) stated that the development and use of the atomic bomb during World War II has been called the single most significant event of the 20th century ; and (B) recommended that nationally significant sites associated with the Manhattan Project be formally established as a collective unit and be administered for preservation, commemoration, and public interpretation in cooperation with the National Park Service; (3) the Manhattan Project National Historical Park Study Act ( Public Law 108–340 ; 118 Stat. 1362) directed the Secretary of the Interior, in consultation with the Secretary of Energy, to conduct a special resource study of the historically significant sites associated with the Manhattan Project to assess the national significance, suitability, and feasibility of designating one or more sites as a unit of the National Park System; (4) after significant public input, the National Park Service study found that including Manhattan Project-related sites in the national park system will expand and enhance the protection and preservation of such resources and provide for comprehensive interpretation and public understanding of this nationally significant story in the 20th century American history ; (5) the Department of the Interior, with the concurrence of the Department of Energy, recommended the establishment of a Manhattan Project National Historical Park comprised of resources at— (A) Oak Ridge, Tennessee; (B) Los Alamos, New Mexico; and (C) Hanford, in the Tri-Cities area, Washington; and (6) designation of a Manhattan Project National Historical Park as a unit of the National Park System would improve the preservation of, interpretation of, and access to the nationally significant historic resources associated with the Manhattan Project for present and future generations to gain a better understanding of the Manhattan Project, including the significant, far-reaching, and complex legacy of the Manhattan Project. 3. Purposes The purposes of this Act are— (1) to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project; (2) to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project; (3) to enhance public access to the Historical Park consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and (4) to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. 4. Definitions In this Act: (1) Historical park The term Historical Park means the Manhattan Project National Historical Park established under section 5. (2) Manhattan project The term Manhattan Project means the Federal program to develop an atomic bomb ending on December 31, 1946. (3) Secretary The term Secretary means the Secretary of the Interior. 5. Establishment of manhattan project national historical park (a) Establishment (1) Date Not later than 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park. (2) Areas included The Historical Park shall consist of facilities and areas listed under subsection (b) as determined by the Secretary, in consultation with the Secretary of Energy. The Secretary shall include the area referred to in subsection (b)(3)(A), the B Reactor National Historic Landmark, in the Historical Park. (b) Eligible areas The Historical Park may only be comprised of one or more of the following areas, or portions of the areas, as generally depicted in the map titled Manhattan Project National Historical Park Sites , numbered 540/108,834–C, and dated September 2012: (1) Oak ridge, Tennessee Facilities, land, or interests in land that are— (A) at Buildings 9204–3 and 9731 at the Y–12 National Security Complex; (B) at the X–10 Graphite Reactor at the Oak Ridge National Laboratory; (C) at the K–25 Building site at the East Tennessee Technology Park; and (D) at the former Guest House located at 210 East Madison Road. (2) Los Alamos, new mexico Facilities, land, or interests in land that are— (A) in the Los Alamos Scientific Laboratory National Historic Landmark District, or any addition to the Landmark District proposed in the National Historic Landmark Nomination—Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA–UR 12–00387 (January 26, 2012); (B) at the former East Cafeteria located at 1670 Nectar Street; and (C) at the former dormitory located at 1725 17th Street. (3) Hanford, Washington Facilities, land, or interests in land that are— (A) the B Reactor National Historic Landmark; (B) the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District; (C) the White Bluffs Bank building in the White Bluffs Historic District; (D) the warehouse at the Bruggemann’s Agricultural Complex; (E) the Hanford Irrigation District Pump House; and (F) the T Plant (221–T Process Building). (c) Written consent of owner No non-Federal property may be included in the Historical Park without the written consent of the owner. 6. Agreement (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Los Alamos, and Richland site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park under section 5(b), including provisions for enhanced public access, management, interpretation, and historic preservation. (b) Responsibilities of the Secretary Any agreement under subsection (a) shall provide that the Secretary shall— (1) have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and (2) ensure that the agreement provides an appropriate advisory role for the National Park Service in preserving the historic resources covered by the agreement. (c) Responsibilities of the secretary of energy Any agreement under subsection (a) shall provide that the Secretary of Energy— (1) shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Oak Ridge Reservation, Los Alamos National Laboratory, and Hanford Site; (2) may consult with and provide historical information to the Secretary concerning the Manhattan Project; (3) shall retain responsibility, in accordance with applicable law, for any environmental remediation that may be necessary in or around the facilities, land, or interests in land governed by the agreement; and (4) shall retain authority and legal obligations for historic preservation and general maintenance, including to ensure safe access, in connection with the Department’s Manhattan Project resources. (d) Amendments The agreement under subsection (a) may be amended, including to add to the Historical Park facilities, land, or interests in land within the eligible areas described in section 5(b) that are under the jurisdiction of the Secretary of Energy. 7. Public participation (a) In general The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public— (1) before executing any agreement under section 6; and (2) in the development of the general management plan under section 8(b). (b) Notice of determination Not later than 30 days after the date on which an agreement under section 6 is entered into, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map. (c) Availability of map The official boundary map published under subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. The map shall be updated to reflect any additions to the Historical Park from eligible areas described in section 5(b). (d) Additions Any land, interest in land, or facility within the eligible areas described in section 5(b) that is acquired by the Secretary or included in an amendment to the agreement under section 6(d) shall be added to the Historical Park. 8. Administration (a) In general The Secretary shall administer the Historical Park in accordance with— (1) this Act; and (2) the laws generally applicable to units of the National Park System, including— (A) the National Park System Organic Act ( 16 U.S.C. 1 et seq. ); and (B) the Act of August 21, 1935 ( 16 U.S.C. 461 et seq. ). (b) General management plan Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, with the concurrence of the Secretary of Energy, and in consultation and collaboration with the Oak Ridge, Los Alamos and Richland Department of Energy site offices, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91–383 (commonly known as the National Park Service General Authorities Act ) ( 16 U.S.C. 1a–7(b) ). (c) Interpretive tours The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park. (d) Land acquisition (1) In general The Secretary may acquire land and interests in land within the eligible areas described in section 5(b) by— (A) transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy; (B) donation; or (C) exchange. (2) No use of condemnation The Secretary may not acquire by condemnation any land or interest in land under this Act or for the purposes of this Act. (e) Donations; cooperative agreements (1) Federal facilities (A) In general The Secretary may enter into one or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency. (B) Donations; cooperative agreements The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under subparagraph (A) or to provide visitor services and administrative facilities within reasonable proximity to the Historical Park. (2) Technical assistance The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park. (3) Donations to department of energy For the purposes of this Act, or for the purpose of preserving and providing access to historically significant Manhattan Project resources, the Secretary of Energy may accept, hold, administer, and use gifts, bequests, and devises (including labor and services). 9. Clarification (a) No buffer zone created Nothing in this Act, the establishment of the Historical Park, or the management plan for the Historical Park shall be construed to create buffer zones outside of the Historical Park. That an activity can be seen and heard from within the Historical Park shall not preclude the conduct of that activity or use outside the Historical Park. (b) No cause of action Nothing in this Act shall constitute a cause of action with respect to activities outside or adjacent to the established boundary of the Historical Park.

https://www.govinfo.gov/content/pkg/BILLS-113hr1208ih/xml/BILLS-113hr1208ih.xml

113-hr-1209

I 113th CONGRESS 1st Session H. R. 1209 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Olson (for himself, Ms. Bordallo , Mr. Griffin of Arkansas , Mr. Turner , Mr. Nunnelee , Mr. Bridenstine , Mr. Sam Johnson of Texas , and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award a Congressional Gold Medal to the World War II members of the Doolittle Tokyo Raiders , for outstanding heroism, valor, skill, and service to the United States in conducting the bombings of Tokyo. 1. Findings Congress finds that— (1) on April 18, 1942, the brave men of the 17th Bombardment Group (Medium) became known as the Doolittle Tokyo Raiders for outstanding heroism, valor, skill, and service to the United States in conducting the bombings of Tokyo; (2) 80 brave American aircraft crewmen, led by Lieutenant Colonel James Doolittle, volunteered for an extremely hazardous mission , without knowing the target, location, or assignment, and willingly put their lives in harm's way, risking death, capture, and torture; (3) the conduct of medium bomber operations from a Navy aircraft carrier under combat conditions had never before been attempted; (4) after the discovery of the USS Hornet by Japanese picket ships 170 miles further away from the prearranged launch point, the Doolittle Tokyo Raiders proceeded to take off 670 miles from the coast of Japan; (5) by launching more than 100 miles beyond the distance considered to be minimally safe for the mission, the Doolittle Tokyo Raiders deliberately accepted the risk that the B–25s might not have enough fuel to reach the designated air-fields in China on return; (6) the additional launch distance greatly increased the risk of crash landing in Japanese occupied China, exposing the crews to higher probability of death, injury, or capture; (7) because of that deliberate choice, after bombing their targets in Japan, low on fuel and in setting night and deteriorating weather, none of the 16 airplanes reached the prearranged Chinese airfields; (8) of the 80 Doolittle Tokyo Raiders who launched on the raid, 8 were captured, 2 died in the crash, and 70 returned to the United States; (9) of the 8 captured Doolittle Tokyo Raiders, 3 were executed and 1 died of disease; and (10) there were only 5 surviving members of the Doolittle Tokyo Raiders as of February 2013. 2. Congressional gold medal (a) Award (1) Authorized The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design in honor of the World War II members of the 17th Bombardment Group (Medium) who became known as the Doolittle Tokyo Raiders , in recognition of their military service during World War II. (2) Design and striking For the purposes of the award referred to in paragraph (1), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (3) National Museum of the United States Air Force (A) In general Following the award of the gold medal referred to in paragraph (1) in honor of the World War II members of the 17th Bombardment Group (Medium), who became known as the Doolittle Tokyo Raiders , the gold medal shall be given to the National Museum of the United States Air Force, where it shall be available for display with the Doolittle Tokyo Raiders Goblets, as appropriate, and made available for research. (B) Sense of Congress It is the sense of Congress that the National Museum of the United States Air Force should make the gold medal received under this Act available for display elsewhere, particularly at other locations and events associated with the Doolittle Tokyo Raiders. (b) Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. (c) National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr1209ih/xml/BILLS-113hr1209ih.xml

113-hr-1210

I 113th CONGRESS 1st Session H. R. 1210 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Ms. Speier (for herself and Mr. Meehan ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to prioritize the assignment of officers and analysts to certain State and urban area fusion centers to enhance the security of mass transit systems. 1. Short title This Act may be cited as the Mass Transit Intelligence Prioritization Act . 2. Mass transit intelligence prioritization Section 210A of the Homeland Security Act of 2002 ( 6 U.S.C. 124h ) is amended— (1) by redesignating subsections (f) through (k) as subsections (g) through (l), respectively; (2) in subsection (l), as so redesignated, by striking subsection (i) and inserting subsection (j) ; and (3) by inserting after subsection (e) the following new subsection (f): (f) Mass transit intelligence priority (1) In general The Secretary shall make it a priority to assign officers and intelligence analysts under this section from the Department, including the Transportation Security Administration, to participating State and urban area fusion centers located in high-risk jurisdictions with mass transit systems in order to enhance the security of such mass transit systems by assisting Federal, State, local, and tribal law enforcement authorities in identifying, investigating, and otherwise interdicting persons, weapons, and contraband that pose a threat to homeland security. (2) Mass transit intelligence products When performing the responsibilities described in subsection (d), officers and intelligence analysts assigned to participating State and urban area fusion centers under this section shall have, as a primary responsibility, the creation of mass transit intelligence products that— (A) assist State, local, and tribal law enforcement agencies in deploying their resources most efficiently to help detect and interdict terrorists, weapons of mass destruction, and contraband at mass transit systems of the United States; (B) promote more consistent and timely dissemination of mass transit security-relevant information among jurisdictions with mass transit systems; and (C) enhance the Department’s situational awareness with respect to the threat of acts of terrorism at or involving mass transit systems of the United States. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1210ih/xml/BILLS-113hr1210ih.xml

113-hr-1211

I 113th CONGRESS 1st Session H. R. 1211 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Issa (for himself and Mr. Cummings ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), to provide for greater public access to information, and for other purposes. 1. Short title This Act may be cited as the FOIA Oversight and Implementation Act of 2013 or the FOIA Act . 2. Freedom of Information Act amendments (a) Electronic accessibility Section 552 of title 5, United States Code is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) by striking for public inspection and copying and inserting in an electronic, publicly accessible format ; (ii) by striking subparagraph (E) and inserting the following new subparagraphs: (E) copies of all records, regardless of form or format, that have been released three or more times under paragraph (3); and (F) a general index of the records referred to under subparagraphs (D) and (E); ; and (iii) in the matter proceeding subparagraph (F) (as added by clause (ii) of this subparagraph)— (I) by striking subparagraph (D) and inserting subparagraphs (D) and (E) ; and (II) by striking subparagraph (E) and inserting subparagraph (F) ; and (B) in paragraph (7)— (i) in subparagraph (A), by striking that will take longer than ten days to process ; and (ii) in subparagraph (B), by inserting automated after provides ; (2) in subsection (g), by striking make publicly available upon request and inserting make available in an electronic, publicly accessible format ; (3) in subsection (i), by striking the implementation and inserting compliance with and implementation of the requirements ; and (4) by adding at the end the following new subsection: (m) FOIA Web site required Not later than one year after the date of enactment of this subsection, the Office of Management and Budget shall ensure the existence and operation of a single Web site, accessible by the public at no cost to access, that allows the public to— (1) submit requests for records under subsection (a)(3); and (2) receive automated information about the status of a request under subsection (a)(7). . (b) Presumption of openness Section 552(b) of title 5, United States Code, is amended in the matter preceding paragraph (1), by inserting that would cause foreseeable harm and after matters . (c) The Office of Government Information Services Section 552 of title 5, United States Code is amended— (1) in subsection (a)(4)(A)(i), by striking the Director of the Office of Management and Budget and inserting the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Information Services, ; and (2) subsection (h) is amended to read as follows: (h) The Office of Government Information Services (1) Establishment There is established the Office of Government Information Services within the National Archives and Records Administration. The head of the Office is the Director of the Office of Government Information Services. (2) Review of FOIA policy, procedure, and compliance The Office of Government Information Services shall— (A) review policies and procedures of agencies under this section; (B) review compliance with this section by agencies; and (C) identify methods that improve compliance under this section that may include— (i) the timely processing of requests submitted to agencies under this section; (ii) the system for assessing fees and fee waivers under this section; and (iii) the use of any exemption under subsection (b); and (D) review and provide guidance to agencies on the use of fees and fee waivers. (3) Mediation services The Office of Government Information Services shall offer mediation services to resolve disputes between persons making requests under this section and agencies as a non-exclusive alternative to litigation and, at the discretion of the Office, may issue advisory opinions if mediation has not resolved the dispute. (4) Submission of report (A) In general The Office of Government Information Services shall not less than annually submit to the committees described in subparagraph (C) and the President a report on the findings from the information reviewed and identified under paragraph (2) and legislative and regulatory recommendations to improve the administration of this section. (B) Electronic availability of reports The Office shall make available any report submitted under paragraph (A) in a publicly accessible format. (C) Congressional submission of report The committees described in this subparagraph are the following: (i) The Committee on Oversight and Government Reform of the House of Representatives. (ii) The Committees on Homeland Security and Governmental Affairs and the Judiciary of the Senate. (D) Direct submission of report Any report submitted under paragraph (A) shall be submitted directly to the committees and the President, without any requirement that any officer or employee outside of the Office of Government Information Services, including the Archivist of the United States and the Director of the Office of Management and Budget, review such report. (5) Submission of additional information The Director of the Office of Government Information Services may submit additional information to Congress and the President that the Director determines to be appropriate. (6) Annual meeting required Not less than once a year, the Office of Government Information Services shall hold a meeting that is open to the public on the review and reports by the Office and permit interested persons to appear and present oral or written statements at such meeting. . (d) Public resources Section 552(a)(6)(A) of title 5, United States Code, is amended— (1) in clause (i), by striking such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; and and inserting the following new subclauses: (I) such determination and the reasons therefor; (II) the right of such person to seek assistance from the agency FOIA Public Liaison; and (III) the right of such person to appeal to the head of the agency any adverse determination, not later than 90 days after the receipt of such adverse determination; and ; and (2) in clause (ii), by striking the period and inserting the following: and the right of such person to seek dispute resolution services from the agency FOIA Public Liaison or the Office of Government Information Services. (e) Additional disclosure of information requirements Section 552(a) of title 5, United States Code, is amended by adding at the end the following new paragraphs: (8) Disclosure of information for increased public understanding of the Government Each agency shall— (A) review the records of such agency to determine whether the release of the records would be in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government; (B) for records determined to be in the public interest under subparagraph (A), reasonably segregate and redact any information exempted from disclosure under subsection (b); and (C) make available in an electronic, publicly accessible format, any records identified in subparagraph (A), as modified pursuant to subparagraph (B). (9) Increased disclosure of information Each agency shall— (A) make information public to the greatest extent possible through modern technology to— (i) inform the public of the operations and activities of the Government; and (ii) ensure timely disclosure of information; and (B) establish procedures for identifying categories of records that may be disclosed regularly and additional records of interest to the public that are appropriate for public disclosure, and for posting such records in an electronic, publicly accessible format. . (f) Agency FOIA report Section 552(e) of title 5, United States Code, is amended— (1) in paragraph (1)— (A) by inserting and to the Director of the Office of Government Information Services after the Attorney General of the United States ; (B) in subparagraph (N), by striking ; and and inserting a semicolon; (C) in subparagraph (O), by striking the period and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: (P) the number of times the agency invoked a law enforcement exclusion under subsection (c); (Q) the number of times the agency engaged in dispute resolution with the assistance of the Office of Government Information Services or the FOIA Public Liaison; and (R) the number of records that were made available in an electronic, publicly accessible format under subsection (a)(2). ; (2) by amending paragraph (3) to read as follows: (3) Electronic accessibility of reports Each agency shall make each such report available in an electronic, publicly accessible format. In addition, each agency shall make the raw statistical data used in its reports available in a timely manner in an electronic, publicly accessible format. Such data shall be— (A) made available without charge, license, or registration requirement; (B) capable of being searched and aggregated; and (C) permitted to be downloaded and downloaded in bulk. ; (3) in paragraph (4)— (A) by striking Committee on Government Reform and Oversight and inserting Committee on Oversight and Government Reform ; (B) by striking Governmental Affairs and inserting Homeland Security and Governmental Affairs ; and (C) by striking April 1 and inserting March 1 ; (4) in paragraph (5)— (A) by inserting and the Director of the Office of Government Information Services after the Director of the Office of Management and Budget ; and (B) by striking by October 1, 1997 ; and (5) by amending paragraph (6) to read as follows: (6) Attorney General FOIA report (A) In general The Attorney General of the United States shall submit to Congress and the President an annual report on or before March 1 of each calendar year which shall include for the prior calendar year— (i) a listing of the number of cases arising under this section; (ii) each subsection under this section, each paragraph of the subsection, and any exemption, if applicable, involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4); and (iii) a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section. (B) Electronic availability The Attorney General of the United States— (i) shall make each report described under subparagraph (A) available in an electronic, publicly accessible format; and (ii) shall make the raw statistical data used in each report available in an electronic, publicly accessible format, which shall be— (I) made available without charge, license, or registration requirement; (II) capable of being searched and aggregated; and (III) permitted to be downloaded, including downloaded in bulk. . (g) Government Accountability Office Subsection (i) of section 552 of title 5, United States Code, is amended to read as follows: (i) Government Accountability Office The Government Accountability Office shall— (1) conduct audits of administrative agencies on the implementation of this section and issue reports detailing the results of such audits; and (2) catalog the number of exemptions under subsection (b)(3) and agency use of such exemptions. . (h) Chief FOIA Officer responsibilities; Council; review Section 552 of title 5, United States Code is amended— (1) by striking subsections (j) and (k); and (2) by inserting after subsection (i), the following new subsections: (j) Chief FOIA Officer (1) Designation Each agency shall designate a Chief FOIA Officer who shall be a senior official of such agency (at the Assistant Secretary or equivalent level). (2) Duties The Chief FOIA Officer of each agency shall, subject to the authority of the head of the agency— (A) have agency-wide responsibility for efficient and appropriate compliance with this section; (B) monitor implementation of this section throughout the agency and keep the head of the agency, the chief legal officer of the agency, and the Attorney General appropriately informed of the agency’s performance in implementing this section; (C) recommend to the head of the agency such adjustments to agency practices, policies, personnel, and funding as may be necessary to improve its implementation of this section; (D) review and report to the Attorney General, through the head of the agency, at such times and in such formats as the Attorney General may direct, on the agency’s performance in implementing this section; (E) facilitate public understanding of the purposes of the statutory exemptions of this section by including concise descriptions of the exemptions in both the agency’s handbook issued under subsection (g), and the agency’s annual report on this section, and by providing an overview, where appropriate, of certain general categories of agency records to which those exemptions apply; and (F) designate one or more FOIA Public Liaisons. (3) Compliance review required The Chief FOIA Officer of each agency shall— (A) review, not less than annually, all aspects of the agency’s administration of this section to ensure compliance with the requirements of this section, including— (i) agency regulations; (ii) disclosure of records required under paragraphs (2), (8), and (9) of subsection (a); (iii) assessment of fees and determination of eligibility for fee waivers; (iv) the timely processing of requests for information under this section; (v) the use of exemptions under subsection (b); and (vi) dispute resolution services with the assistance of the Office of Government Information Services or the FOIA Public Liaison; and (B) make recommendations as necessary to improve agency practices and compliance with this section. (k) Chief FOIA Officers Council (1) Establishment There is established in the executive branch the Chief FOIA Officers Council (in this subsection, referred to as the Council ). (2) Members The Council shall consist of the following members: (A) The Deputy Director for Management of the Office of Management and Budget. (B) The Director of the Office of Information Policy at the Department of Justice. (C) The Director of the Office of Government Information Services at the National Archives and Records Administration. (D) The Chief FOIA Officer of each agency. (E) Any other officer or employee of the United States as designated by the Co-Chairs. (3) Co-Chairs The Director of the Office of Information Policy at the Department of Justice and the Director of the Office of Government Information Services at the National Archives and Records Administration shall be the Co-Chairs of the Council. (4) Support services The Administrator of General Services shall provide administrative and other support for the Council. (5) Consultation In performing its duties, the Council shall consult regularly with members of the public who make requests under this section. (6) Duties The duties of the Council include the following: (A) Develop recommendations for increasing compliance and efficiency under this section. (B) Disseminate information about agency experiences, ideas, best practices, and innovative approaches related to this section. (C) Identify, develop, and coordinate initiatives to increase transparency and compliance with this section. (D) Promote the development and use of common performance measures for agency compliance with this section. (7) Meetings (A) Regular meetings The Council shall meet regularly and such meetings shall be open to the public unless the Council determines to close the meeting for reasons of national security or to discuss information exempt under subsection (b). (B) Annual meetings Not less than once a year, the Council shall hold a meeting that shall be open to the public and permit interested persons to appear and present oral and written statements to the Council. (C) Notice Not later than 10 business days before a meeting of the Council, notice of such meeting shall be published in the Federal Register. (D) Public availability of Council records Except as provided in subsection (b), the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents that were made available to or prepared for or by the Council shall be made publicly available. (E) Minutes Detailed minutes of each meeting of the Council shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the Council. . (i) Regulations (1) Revision of regulations Not later than 180 days after the date of the enactment of this Act, the head of each agency shall review the regulations of such agency and shall issue regulations on procedures for the disclosure of records under section 552 of title 5, United States Code, in accordance with the amendments made by this section. The regulations of each agency shall include— (A) procedures for engaging in dispute resolution; and (B) procedures for engaging with the Office of Government Information Services. (2) Office of Government Information Services report Not later than 270 days after the date of the enactment of this Act, the Office of Government Information Services shall submit to Congress a report on agency compliance with the requirements of this subsection. (3) Report on noncompliance The head of any agency that does not meet the requirements of paragraph (1) shall submit to Congress a report on the reason for noncompliance not later than 270 days after the date of the enactment of this Act. (4) Inspector General review for noncompliance Any agency that fails to comply with the requirements of this subsection shall be reviewed by the Office of Inspector General of such agency for compliance with section 552 of title 5, United States Code. (5) Agency defined In this section, the term agency has the meaning given such term in section 552(f) of title 5, United States Code. 3. Pilot program (a) Establishment The Director of the Office of Management and Budget shall establish a pilot program for 3 years to review the benefits of FOIAonline to process requests and release information under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act). (b) Plan required Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall establish a plan to evaluate FOIAonline at no less than 3 agencies that have not previously participated in FOIAonline, including at least one of the following: (1) An agency that receives more than 50,000 requests annually for information under section 552 of title 5, United States Code. (2) An agency that receives between 25,000 and 50,000 requests annually for information under such section. (3) An agency that receives 25,000 or fewer requests annually for information under such section. (c) Agency use of Web site Each agency selected under subsection (b) shall use FOIAonline to— (1) receive requests under section 552 of title 5, United States Code; (2) process requests received under such section; (3) track the status of requests submitted under such section; and (4) make records released available publicly on FOIAonline. (d) Review required The Director of the Office of Management and Budget shall, in consultation with the Attorney General, the Office of Government Information Services, and the head of each agency participating in the pilot program, review the benefits of FOIAonline, including— (1) any cost saving, resource saving, or efficiency gained through the use of FOIAonline; (2) any change in the amount of requests received under section 552 of title 5, United States Code; (3) any increase in transparency and accessibility to Government information; and (4) any changes in the ability to access and compile information needed for agency annual reports required under section 552 of title 5, United States Code. (e) Report required Not later than 3 months after the completion of the pilot program, the head of each agency participating in the program shall submit to Congress a report on the impact of the pilot program on agency processes under section 552 of title 5, United States Code, whether the agency will continue to participate in FOIAonline, and any recommendations the head of the agency considers appropriate to continue the use of FOIAonline. (f) Definitions In this section: (1) Agency The term agency has the meaning given such term in section 552(f) of title 5, United States Code. (2) FOIAonline The term FOIAonline means the electronic online portal FOIAonline.regulations.gov.

https://www.govinfo.gov/content/pkg/BILLS-113hr1211ih/xml/BILLS-113hr1211ih.xml

113-hr-1212

I 113th CONGRESS 1st Session H. R. 1212 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Petri 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 provide that reimbursements for costs of using passenger automobiles for charitable and other organizations are excluded from gross income. 1. Short title This Act may be cited as the Charitable Driving Tax Relief Act of 2013 . 2. Mileage reimbursements to charitable volunteers excluded from gross income (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139D the following new section: 139E. Mileage reimbursements to charitable volunteers (a) In general Gross income of an individual does not include amounts received from an organization described in section 170(c) as reimbursement of operating expenses with respect to use of a passenger automobile for the benefit of such organization. The preceding sentence shall apply only to the extent that such reimbursement would be deductible under this chapter if section 274(d) were applied— (1) by using the standard business mileage rate established under such section, and (2) as if the individual were an employee of an organization not described in section 170(c). (b) Application To volunteer services only Subsection (a) shall not apply with respect to any expenses relating to the performance of services for compensation. (c) No double benefit Subsection (a) shall not apply with respect to any expenses if the individual claims a deduction or credit for such expenses under any other provision of this title. (d) Exemption from reporting requirements Section 6041 shall not apply with respect to reimbursements excluded from income under subsection (a). . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139D the following new item: Sec. 139E. Reimbursement for use of passenger automobile for charity. . (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-113hr1212ih/xml/BILLS-113hr1212ih.xml

113-hr-1213

I 113th CONGRESS 1st Session H. R. 1213 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Ellison (for himself and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Financial 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 the Internal Revenue Code of 1986 to replace the mortgage interest deduction with a nonrefundable credit for indebtedness secured by a residence, to provide affordable housing to extremely low-income families, and for other purposes. 1. Short title This Act may be cited as the Common Sense Housing Investment Act of 2013 . 2. Congressional findings The Congress finds the following: (1) Two principal Federal housing goals are to increase the rate of home ownership and make rental housing affordable for low-income families and individuals. (2) Much more progress has been achieved on the first goal than on the second goal. (3) The Federal Government devotes more than three times the amount of budgetary resources to supporting home ownership than it devotes to making affordable rental housing available. (4) The burden of housing costs is more pronounced among renters than among owners. (5) There is a shortage of more than 7 million homes affordable to families in the bottom 20 percent of income, meaning that there are only 30 affordable units for every 100 families. (6) Only one in four families that qualify for rental housing assistance receives benefits. (7) Housing assistance waiting lists can be 10 years long and in many communities are closed. (8) The shortage of rental homes that are affordable for extremely low-income households to be the principal cause of homelessness in the United States. (9) Public housing facilities in the United States have more than $26 billion in deferred maintenance after decades of neglect which results in a loss of 10,000 units each year. (10) The low-income housing tax credit successfully provides 100,000 units of affordable housing every year. (11) Every tax reform commission has recommended capping the mortgage interest deduction and converting it to a fairer and simpler credit. (12) More than 75 percent of the value of the mortgage interest deduction inures to the benefit of the top 20 percent of earners. (13) Fewer than half of tax filers with a home mortgage claim the mortgage interest deduction. (14) Only 9 percent of rural tax filers claim the mortgage interest deduction. (15) Ninety-six percent of homes sold between 2005 and 2011 sold for less than $500,000. (16) A better approach that provides equitable benefits for families who buy homes, enables more low- and moderate-income homeowners to receive a benefit, and invests in affordable rental housing to assist those who used to be homeless or who have extremely or very low incomes is needed to strengthen families and communities. 3. Replacement of mortgage interest deduction with mortgage interest credit (a) Nonrefundable credit Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: 25E. Interest on indebtedness secured by qualified residence (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 15 percent of the qualified residence interest paid or accrued during the taxable year. (b) Qualified residence interest For purposes of this section— (1) In general The term qualified residence interest means interest which is paid or accrued during the taxable year on— (A) acquisition indebtedness with respect to any qualified residence of the taxpayer, or (B) home equity indebtedness with respect to any qualified residence of the taxpayer. For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued. (2) Overall limitation The aggregate amount of indebtedness taken into account for any period for purposes of this section shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return). (3) Acquisition indebtedness The term acquisition indebtedness means any indebtedness which— (A) is incurred in acquiring, constructing, or substantially improving any qualified residence of the taxpayer, and (B) is secured by such residence. Such term also includes any indebtedness secured by such residence resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence), but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. (4) Home equity indebtedness (A) In general The term home equity indebtedness means any indebtedness (other than acquisition indebtedness) secured by a qualified residence to the extent the aggregate amount of such indebtedness does not exceed— (i) the fair market value of such qualified residence, reduced by (ii) the amount of acquisition indebtedness with respect to such residence. (B) Limitation The aggregate amount treated as home equity indebtedness for any period shall not exceed $100,000 ($50,000 in the case of a married individual filing a separate return). (c) Special rules For purposes of this section— (1) Qualified residence The term qualified residence means— (A) the principal residence (within the meaning of section 121) of the taxpayer, and (B) 1 other residence of the taxpayer which is selected by the taxpayer for purposes of this subsection for the taxable year and which is used by the taxpayer as a residence (within the meaning of section 280A(d)(1)). (2) Married individuals filing separate returns If a married couple does not file a joint return for the taxable year— (A) such couple shall be treated as 1 taxpayer for purposes of paragraph (1), and (B) each individual shall be entitled to take into account 1 residence unless both individuals consent in writing to 1 individual taking into account the principal residence and 1 other residence. (3) Residence not rented For purposes of paragraph (1)(B), notwithstanding section 280A(d)(1), if the taxpayer does not rent a dwelling unit at any time during a taxable year, such unit may be treated as a residence for such taxable year. (4) Unenforceable security interests Indebtedness shall not fail to be treated as secured by any property solely because, under any applicable State or local homestead or other debtor protection law in effect on August 16, 1986, the security interest is ineffective or the enforceability of the security interest is restricted. (5) Special rules for estates and trusts For purposes of determining whether any interest paid or accrued by an estate or trust is qualified residence interest, any residence held by such estate or trust shall be treated as a qualified residence of such estate or trust if such estate or trust establishes that such residence is a qualified residence of a beneficiary who has a present interest in such estate or trust or an interest in the residuary of such estate or trust. (d) Coordination with deduction In the case of any taxable year beginning in calendar years 2014 through 2018, the taxpayer may elect to apply this section in lieu of the deduction under section 163 for qualified residence interest. . (b) Phaseout of deduction Section 163(h) of such Code is amended by adding at the end the following new paragraph: (6) Phaseout (A) In general In the case of any taxable year beginning in a calendar year after 2013, the amount otherwise allowable as a deduction by reason of paragraph (2)(D) shall be the applicable percentage of such amount. (B) Applicable percentage For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: For taxable years beginning in calendar year: The applicable percentage is: 2014 100% 2015 80% 2016 60% 2017 40% 2018 20% 2019 and thereafter 0%. . (c) Phasedown of mortgage limit Subparagraph (B) of section 163(h)(3) of such Code is amended by adding at the end the following: (iii) Phasedown (I) In general In the case of any taxable year beginning in calendar years 2014 through 2018, clause (ii) shall be applied by substituting the amounts specified in the table in subclause (II) of this clause for $1,000,000 and $500,000 , respectively. (II) Phasedown amounts For purposes of subclause (I), the amounts specified in this subclause for a taxable year shall be the amounts specified in the following table: For taxable years beginning in calendar year: Amount substituted for $1,000,000: Amount substituted for $500,000: 2014 $1,000,000 $500,000 2015 $900,000 $450,000 2016 $800,000 $400,000 2017 $700,000 $350,000 2018 $600,000 $300,000. . (d) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 25D the following new item: Sec. 25E. Interest on indebtedness secured by qualified residence. . (e) Effective date The amendments made by this section shall apply with respect to interest paid or accrued after December 31, 2013. 4. Deduction allowed for interest and taxes relating to land for dwelling purposes owned or leased by cooperative housing corporations (a) In general Subparagraph (B) of section 216(b)(1) of the Internal Revenue Code of 1986 is amended by inserting or land, after building, . (b) Effective date The amendment made by subsection (a) shall apply to amounts paid or accrued after December 31, 2012. 5. Use of mortgage interest savings to increase low-income housing tax credit (a) In general Subclause (I) of section 42(h)(3)(C)(ii) of the Internal Revenue Code of 1986 is amended by striking $1.75 ($1.50 for 2001) and inserting $2.70 . (b) Inflation adjustment Subparagraph (H) of section 42(h)(3) of such Code is amended to read as follows: (H) Cost-of-living adjustment (i) In general In the case of a calendar year after 2002, the $2,000,000 amount in subparagraph (C) 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 such calendar year by substituting calendar year 2001 for calendar year 1992 in subparagraph (B) thereof. (ii) Per capita amount In the case of a calendar year after 2014, the $2.70 amount in subparagraph (C) 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 such calendar year by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (iii) Rounding (I) In the case of the $2,000,000 amount, any increase under clause (i) which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000. (II) In the case of the $2.70 amount, any increase under clause (ii) which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. . (c) Eligible basis Clause (i) of section 42(d)(5)(B) of such Code is amended by striking and at the end of subclause (I), by striking the period at the end of subclause (II) and inserting , and , and by adding at the end the following: (III) in the case of a building containing units which are designated to serve extremely low-income households by the State housing credit agency and require the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low-income housing project, the eligible basis of such building determined by the portion of such units shall be 150 percent of such basis determined without regard to this subparagraph. . (d) Effective date The amendments made by this section shall apply to allocations made in calendar years beginning after December 31, 2013. 6. Use of mortgage interest savings for affordable housing programs (a) Use of savings For each year, the Secretary of the Treasury shall determine the amount of revenues accruing to the general fund of the Treasury by reason of the enactment of section 3 of this Act that remain after use of such revenues in accordance with section 5 of this Act and shall credit an amount equal to such remaining revenues as follows: (1) Housing Trust Fund The Secretary shall credit the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ) with an amount equal to 60 percent of the amount of such remaining revenues. (2) Section 8 rental assistance The Secretary shall credit an amount equal to 30 percent of the amount of such remaining revenues to the Secretary of Housing and Urban Development for use only for providing tenant- and project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (3) Public Housing Capital Fund The Secretary shall credit an amount equal to 10 percent of the amount of such remaining revenues to the Public Housing Capital Fund under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)). (b) Changes to Housing Trust Fund Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall revise the regulations relating to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ) to provide that such section is carried out with the maximum amount of flexibility possible while complying with such section, which shall include revising such regulations— (1) to increase the limitation on amounts from the Fund that are available for use for operating assistance for housing; (2) to allow public housing agencies and tribally designated housing entities to be recipient of grants amounts from the Fund that are allocated to a State or State designated entity; and (3) eliminate the applicability of rules for the Fund that are based on the HOME Investment Partnerships Act ( 42 U.S.C. 1721 et seq. ).

https://www.govinfo.gov/content/pkg/BILLS-113hr1213ih/xml/BILLS-113hr1213ih.xml

113-hr-1214

I 113th CONGRESS 1st Session H. R. 1214 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Shimkus introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 provide liability protection for claims based on the design, manufacture, sale, offer for sale, introduction into commerce, or use of certain fuels and fuel additives, and for other purposes. 1. Short title This Act may be cited as the Domestic Fuels Protection Act of 2013 . 2. Fuel compatibility (a) Compatibility Subtitle I of the Solid Waste Disposal Act ( 42 U.S.C. 6991 et seq. ) is amended— (1) by redesignating section 9014 as section 9015; and (2) by inserting after section 9013 the following: 9014. Compatibility (a) Definitions In this section: (1) Associated dispensing equipment The term associated dispensing equipment means equipment, at a stationary facility, that is— (A) used for— (i) the storage of any fuel or fuel additive described in subsection (b)(3)(A); or (ii) the dispensing of any fuel or fuel additive described in subsection (b)(3)(A) into any fuel tank of any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment; and (B) subject to regulation under section 1910.106 or 1926.152 of title 29, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Protection Act of 2013). (2) Compatible The term compatible has the meaning given the term in section 280.12 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Protection Act of 2013). (3) Motor vehicle The term motor vehicle has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ). (4) Motor vehicle engine The term motor vehicle engine means an engine in a motor vehicle. (5) Nonroad engine The term nonroad engine has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ). (6) Nonroad equipment The term nonroad equipment means any recreational, construction, industrial, agricultural, logging, residential, commercial lawn and garden, or other equipment that is powered by a nonroad engine. (7) Nonroad vehicle The term nonroad vehicle has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ). (8) Provider of financial assurance The term provider of financial assurance has the meaning given the term in section 280.92 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Domestic Fuels Protection Act of 2013). (9) Underground storage tank system The term underground storage tank system means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any. (b) Compatibility with fuels (1) Liability No person shall be liable under any Federal, State, or local law (including common law) because an underground storage tank, underground storage tank system, or associated dispensing equipment is not compatible with a fuel or fuel additive described in paragraph (3)(A) if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3). (2) Financial assurance A provider of financial assurance shall not deny payment for any claim on the basis that an underground storage tank, underground storage tank system, or associated dispensing equipment is not compatible with a fuel or fuel additive described in paragraph (3)(A) if the tank, system, or equipment has been determined to be compatible with the fuel or fuel additive under the guidelines or regulations described in paragraph (3). (3) Guidelines and regulations (A) In general Paragraphs (1) and (2) apply to any underground storage tank, underground storage tank system, and associated dispensing equipment that meets any guidelines or regulations, which may be revised under subparagraph (B), issued by the Administrator and in effect on the date of enactment of the Domestic Fuels Protection Act of 2013, addressing compatibility of such tanks, systems, or equipment with any fuel or fuel additive that is authorized and registered, or for which an updated registration is accepted, by the Administrator or under any Federal law, for use in a motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. (B) Regulations (i) In general Not later than 1 year after the date of enactment of the Domestic Fuels Protection Act of 2013, the Administrator shall issue, or if applicable revise, regulations setting standards for determining whether an underground storage tank, underground storage tank system, or associated dispensing equipment is compatible with a fuel or fuel additive described in subparagraph (A). (ii) Minimum standards The regulations issued under clause (i) shall include minimum standards and processes for certification by the Administrator or by an owner, operator, or manufacturer of underground storage tanks, underground storage tank systems, or associated dispensing equipment, to ensure compatibility. (4) Underground storage tanks, underground storage tank systems, and associated dispensing equipment previously listed as compatible Any underground storage tank, underground storage tank system, or associated dispensing equipment that, on or before the date of enactment of the Domestic Fuels Protection Act of 2013, is listed by a nationally recognized testing laboratory as compatible with a fuel or fuel additive described in paragraph (3)(A) shall be deemed compatible with such fuel or fuel additive under the regulations issued under this subsection. (5) Administration Nothing in this section affects— (A) any other requirement respecting the introduction into commerce, offering for sale, or sale of any fuel or fuel additive; (B) any requirement under section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ); or (C) any other requirement under this subtitle. . (b) Conforming amendments The Solid Waste Disposal Act is amended— (1) in section 9003(h)(12)(A) ( 42 U.S.C. 6991b(h)(12)(A) ), by striking section 9014(2)(B) and inserting section 9015(2)(B) ; (2) in section 9004(f)(1)(A) ( 42 U.S.C. 6991c(f)(1)(A) ), by striking section 9014(2)(A) and inserting section 9015(2)(A) ; and (3) in section 9011 ( 42 U.S.C. 6991j ), by striking section 9014(2)(D) and inserting section 9015(2)(D) . (c) Table of contents The table of contents contained in section 1001 of the Solid Waste Disposal Act ( 42 U.S.C. 6901 ) is amended by striking the item relating to section 9014 and inserting the following: Sec. 9014. Compatibility. Sec. 9015. Authorization of Appropriations. . 3. Misfueling (a) In general Section 211(g) of the Clean Air Act ( 42 U.S.C. 7545(g) ) is amended by adding at the end the following: (3) Limitation on liability (A) Limitation (i) In general Except as provided in clause (ii), no person shall be liable under any provision of this Act or any Federal, State, or local law, including common law, if— (I) a self-service purchaser introduces any transportation fuel into any motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad equipment for which the fuel has not been approved under subsection (f); or (II) the introduction of any transportation fuel voids the warranty of the manufacturer of the motor vehicle, motor vehicle engine, nonroad engine, nonroad vehicle, or nonroad equipment. (ii) Exception Clause (i) shall not apply to— (I) a person who sells any transportation fuel and does not comply with the misfueling regulations adopted by the Administrator under section 80.1501 of title 40, Code of Federal Regulations (or successor regulations); or (II) a person who intentionally misfuels. (B) Definitions In this paragraph: (i) Nonroad equipment The term nonroad equipment means any recreational, construction, industrial, agricultural, logging, residential, commercial lawn and garden, or other equipment that is powered by a nonroad engine. (ii) Transportation fuel The term transportation fuel means any fuel that contains a fuel or a fuel additive, or a blend of a fuel and fuel additive, that is authorized after January 1, 2010, by the Administrator or under any Federal law, for use in any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. . (b) Penalties Section 211(d) of the Clean Air Act ( 42 U.S.C. 7545(d) ) is amended— (1) in paragraph (1), in the first sentence, by inserting (g), after or the regulations prescribed under subsection (c), ; and (2) in paragraph (2), in the first sentence, by inserting (g), after of the regulations prescribed under subsections (c), . 4. Limitation on liability (a) Qualified civil liability actions in federal court and state court (1) In general No qualified civil liability action shall be filed or maintained in any court of the United States or any State court. (2) Dismissal of pending actions Any qualified civil liability action filed or pending in any court of the United States or any State court on or after the date of enactment of this Act shall be dismissed with prejudice. (b) Safe harbor Notwithstanding any Federal, State, or local law (including common law), no qualified product shall be considered to be a defective product, if the qualified product does not violate a control or prohibition, respecting any characteristic or component of the qualified product, imposed by the Administrator of the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 ). (c) Definitions In this section: (1) Covered entity The term covered entity means any entity engaged in the design, manufacture, sale, or distribution of any— (A) qualified product; or (B) motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. (2) Motor vehicle The term motor vehicle has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ). (3) Motor vehicle engine The term motor vehicle engine means an engine in a motor vehicle. (4) Nonroad engine The term nonroad engine has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ). (5) Nonroad equipment The term nonroad equipment means any recreational, construction, industrial, agricultural, logging, residential, commercial lawn and garden, or other equipment that incorporates a nonroad engine. (6) Nonroad vehicle The term nonroad vehicle has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ). (7) Person The term person has the meaning given the term in section 1 of title 1, United States Code, except that the term includes any governmental entity. (8) Qualified civil liability action The term qualified civil liability action means any civil action or proceeding brought by any person against a covered entity for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the introduction of any qualified product into any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. (9) Qualified product The term qualified product means— (A) any fuel or fuel additive for which a registration is in effect under section 211(b) of the Clean Air Act ( 42 U.S.C. 7545(b) ) or any other Federal law enacted on or after October 13, 2010; (B) a transportation fuel or transportation fuel additive that— (i) contains any renewable fuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))); and (ii) is designated for introduction into interstate commerce by the Administrator of the Environmental Protection Agency or the Secretary of Energy under the Clean Air Act ( 42 U.S.C. 7401 et seq. ), the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.), or any other Federal law enacted on or after October 13, 2010; (C) any component of a fuel or fuel additive described in subparagraph (A) or (B); or (D) any blend stock. (10) State The term State means each of the several States of the United States; the District of Columbia; and any territory, commonwealth, or possession of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr1214ih/xml/BILLS-113hr1214ih.xml

113-hr-1215

I 113th CONGRESS 1st Session H. R. 1215 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. DeFazio (for himself, Mr. Blumenauer , and Ms. Bonamici ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to make technical corrections to the segment designations for the Chetco River, Oregon. 1. Short title This Act may be cited as the Chetco River Protection Act of 2013 . 2. Technical Corrections to the Wild and Scenic Rivers Act Section 3(a)(69) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(69) ) is amended— (1) by inserting before The 44.5-mile the following: (A) Designations ; (2) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (3) in clause (i), as redesignated— (A) by striking 25.5-mile and inserting 27.5-mile ; and (B) by striking Boulder Creek at the Kalmiopsis Wilderness boundary and inserting Mislatnah Creek ; (4) in clause (ii), as redesignated— (A) by striking 8 and inserting 7.5 ; (B) by striking Boulder Creek and inserting Mislatnah Creek ; and (C) by striking Steel Bridge and inserting Eagle Creek ; (5) in clause (iii), as redesignated— (A) by striking 11 and inserting 9.5 ; and (B) by striking Steel Bridge and inserting Eagle Creek ; and (6) by adding at the end the following: (B) Withdrawal Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (A), is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1215ih/xml/BILLS-113hr1215ih.xml

113-hr-1216

I 113th CONGRESS 1st Session H. R. 1216 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Gosar (for himself, Mr. Barber , Mr. Franks of Arizona , Mr. Grijalva , Mrs. Kirkpatrick , Mr. Salmon , Mr. Schweikert , Ms. Sinema , and Mr. Pastor of Arizona ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To designate the Department of Veterans Affairs Vet Center in Prescott, Arizona, as the Dr. Cameron McKinley Department of Veterans Affairs Veterans Center . 1. Findings Congress finds the following: (1) Dr. Cameron K. McKinley was born on December 9, 1930, in Shreveport, Louisiana. (2) Dr. McKinley served in the U.S. Marine Corps Reserve in Shreveport, Louisiana, from 1947 to 1949. (3) Dr. McKinley served valiantly at Wiesbaden Air Force Hospital during and after the Vietnam War, providing therapy to military personnel and their families. (4) Dr. McKinley served with great distinction as the Chief of Psychology at the Veterans Affairs Hospital in Prescott, Arizona, from 1981–1995. (5) At the Prescott Veterans Affairs Hospital, Dr. McKinley organized a Rap Group for Vietnam Era veterans dealing with various degrees of post-traumatic stress disorder (PTSD). That group of veterans formed the Vietnam Veterans of America, Chapter 95. (6) Vietnam Veterans of America, Chapter 95, in concert with Dr. McKinley, local leaders, businesses and nonprofit groups petitioned the Federal Government for a free-standing Veterans Affairs Medical Center (VAMC). (7) Congress authorized 91 new rural VAMCs, among them the Prescott Vet Center. In June of 1985, the Prescott Vet Center opened. (8) Dr. McKinley spent decades confronting the pressing issue of PTSD by providing cutting-edge psychological and neuropsychological assessments to the returning veterans of three wars. He produced targeted action plans for veterans suffering from PTSD, giving them tools to deal with their afflictions and transition successfully back into civilian life. (9) Dr. McKinley’s cutting-edge work has earned him recognition from Prescott VAMC, Vietnam Veterans of America, the Veterans’ Readjustment Counseling Center, and the Department of the Army for his outstanding work to improve the lives of veterans of multiple generations. (10) It is only well and fitting that as a tribute to this remarkable person’s life that Congress seek to name the facility after the leader who was its inspiration and a lifesaver for so many. 2. Dr. Cameron McKinley Department of Veterans Affairs Veterans Center (a) Designation The Department of Veterans Affairs Vet Center located at 3180 Stillwater Dr. #A, Prescott, Arizona, shall after the date of the enactment of this Act be known and designated as the Dr. Cameron McKinley Department of Veterans Affairs Veterans Center . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Department of Veterans Affairs Vet Center referred to in subsection (a) shall be deemed to be a reference to the Dr. Cameron McKinley Department of Veterans Affairs Veterans Center .

https://www.govinfo.gov/content/pkg/BILLS-113hr1216ih/xml/BILLS-113hr1216ih.xml

113-hr-1217

I 113th CONGRESS 1st Session H. R. 1217 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Becerra (for himself and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committees on Transportation and Infrastructure and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish within the Smithsonian Institution the Smithsonian American Latino Museum, and for other purposes. 1. Short title This Act may be cited as the Smithsonian American Latino Museum Act . 2. Establishment of museum There is established within the Smithsonian Institution a museum to be known as the Smithsonian American Latino Museum . 3. Location and authorization (a) Arts and Industries Building The Arts and Industries Building of the Smithsonian Institution, located on the National Mall at 900 Jefferson Drive, Southwest, Washington, District of Columbia, including a new underground annex facility, is designated as the location of the Smithsonian American Latino Museum. (b) Planning and Construction The Board of Regents of the Smithsonian Institution, in consultation with the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission, and with other appropriate Federal and local agencies, is authorized to prepare plans, design, renovate, rehabilitate, and construct the Smithsonian American Latino Museum facility, as referred to in the May 2011 Report to Congress of the Commission to Study the Potential Creation of a National Museum of the American Latino. (c) Schedule and funding (1) In general The Board of Regents is authorized to prepare a plan of action for the Smithsonian American Latino Museum, and to identify and evaluate viable funding models for both construction and operation of the Museum. (2) Timing The plan of action authorized in paragraph (1) shall be concluded not later than 18 months after the date of enactment of this Act. 4. Agreement with Secretary of the interior The Secretary of the Interior and the Board of Regents of the Smithsonian Institution shall enter into an agreement that— (1) allows for the planning, design, and construction of the underground annex facility by the Board of Regents, in a manner harmonious with and to protect the open space and visual sightlines of the Mall; and (2) provides a timeline for the transfer of administrative jurisdiction, if necessary, of the appropriate subsurface area from the Secretary of the Interior to the Smithsonian Institution. 5. Consideration of recommendations of commission In carrying out its duties under this Act, the Board of Regents of the Smithsonian Institution shall take into consideration the reports and plans submitted by the Commission to Study the Potential Creation of a National Museum of the American Latino under section 333 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 ; 122 Stat. 784).

https://www.govinfo.gov/content/pkg/BILLS-113hr1217ih/xml/BILLS-113hr1217ih.xml

113-hr-1218

I 113th CONGRESS 1st Session H. R. 1218 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Amash (for himself, Mr. Duncan of South Carolina , Mr. LaMalfa , and Mr. Massie ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To prohibit the payment of surcharges for commemorative coin programs to private organizations or entities, and for other purposes. 1. Short title This Act may be cited as the Commemorative Coins Reform Act of 2013 . 2. Prohibition on payment of surcharges to non-Federal entities Section 5134(f) of title 31, United States Code, is amended to read as follows: (f) Prohibition on payment of surcharges to organizations outside of the Federal Government (1) In general Notwithstanding any other provision of law, no surcharges collected with respect to the sale of any numismatic item may be paid to any organization outside of the Federal Government, other than with respect to the costs of producing and selling such item. (2) Payment of costs Surcharges collected in connection with the sale of any numismatic item shall be used to recover all numismatic operation and program costs allocable to the program under which such numismatic item is produced and sold. (3) Excess deposited into Treasury Amounts of surcharges collected in excess of the amounts described in paragraph (2) shall be transferred by the Fund to the general fund of the Treasury for the purpose of deficit reduction. . 3. Applicability Subsection (f) of section 5134, United States Code, as amended by this Act, shall apply with respect to any commemorative coin program established or numismatic item produced pursuant to an Act enacted on or after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1218ih/xml/BILLS-113hr1218ih.xml

113-hr-1219

I 113th CONGRESS 1st Session H. R. 1219 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Bonner introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide that each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida have exclusive fishery management authority over reef fish in the Gulf of Mexico in waters that, on average, are 20 fathoms or less in depth, and for other purposes. 1. Short title This Act may be cited as the Gulf Fisheries Fairness Act . 2. State exclusive fishery management authority over reef fish in the Gulf of Mexico (a) In general The Magnuson-Stevens Fishery Conservation and Management Act is amended— (1) in section 101 (16 U.S.C. 1811)— (A) in subsection (a), by inserting and subsection (c) of this section after section 102 ; and (B) by adding at the end the following: (c) State exclusive fishery management authority over reef fish in the Gulf of Mexico (1) In general Each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida shall have exclusive fishery management authority over all Gulf reef fish in all waters that are— (A) within the exclusive economic zone in the Gulf of Mexico; (B) not further from shore than the line described under paragraph (2); and (C) between the projected lines determined for that State under section 4(a)(2)(A) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(a)(2)(A) ). (2) Description of line (A) In general The Secretary shall publish a description of, and map showing, a continuous line in waters of the exclusive economic zone in the Gulf of Mexico along the coasts of the States referred to in paragraph (1), that is comprised of points that are, on average, 20 fathoms in depth. (B) Minimum distance No point on such line shall be less than 9 nautical miles from the baseline from which the territorial sea of the United States is measured. (3) Prohibition on limiting authority to fish under Federal law The Secretary may not suspend, revoke, terminate, or otherwise limit the authority of any person under Federal law to engage in fishing, based on fishing by the person for Gulf reef fish in waters that are subject to the exclusive fishery management authority of a State under this subsection. (4) Gulf reef fish defined In this subsection the term Gulf reef fish means all fish listed in table 3 of appendix A to part 622 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this subsection). ; and (2) in section 302(a)(1)(E) ( 16 U.S.C. 1852(a)(1)(E) ), by inserting of this subsection and section 101(c) after paragraph (3) . (b) Deadline The Secretary of Commerce shall publish the 20-fathom line description and map required under the amendment made by subsection (a)(1) by not later than 30 days after the date of the enactment of this Act. (c) Termination of application of more restrictive Federal regulations Sections 622.4(a)(1)(iv) and 622.4(a)(2)(v) of title 50, Code of Federal Regulations, as in effect on the date of enactment of this Act, and any substantially similar regulation, shall not apply with respect to waters described in section 101(c)(1) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1219ih/xml/BILLS-113hr1219ih.xml

113-hr-1220

I 113th CONGRESS 1st Session H. R. 1220 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Burgess (for himself, Mr. Dingell , and Mr. Matheson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Administrator of the Environmental Protection Agency to allow for the distribution, sale, and consumption in the United States of remaining inventories of over-the-counter CFC epinephrine inhalers. 1. Short title This Act may be cited as the Asthma Inhalers Relief Act of 2013 . 2. Distribution, sale, and consumption of remaining inventories of over-the-counter CFC epinephrine inhalers (a) In general The Administrator of the Environmental Protection Agency— (1) shall allow for the distribution, sale, and consumption in the United States of remaining inventories of CFC epinephrine inhalers manufactured pursuant to the exception for medical devices under section 604(d)(2) of the Clean Air Act ( 42 U.S.C. 7671c(d)(2) ); (2) shall not take any enforcement action or otherwise seek to restrict the distribution, sale, or consumption of such inhalers on the basis of any Federal law implementing the Montreal Protocol; and (3) shall, in response to any request of any distributor or seller of such inhalers, including any such request pending on the date of the enactment of this Act, issue a No Action Assurance Letter to the requesting party stating that the Environmental Protection Agency will not initiate an enforcement action relating to the distribution or sale of any such inhaler occurring prior to August 1, 2013. (b) Rule of construction Nothing in this Act shall be construed to limit or otherwise affect the authority of the Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) to ensure the safety and effectiveness of CFC epinephrine inhalers to be distributed, sold, or consumed pursuant to this Act. (c) Definitions In this Act: (1) The term CFC epinephrine inhaler means any epinephrine inhaler containing chlo­ro­fluo­ro­car­bons that was manufactured and classified as over-the-counter before January 1, 2012. (2) The phrase Federal law implementing the Montreal Protocol — (A) means any provision of title VI of the Clean Air Act ( 42 U.S.C. 7671 et seq. ) or other Federal law implementing the Montreal Protocol; and (B) includes the final rule published by the Food and Drug Administration entitled Use of Ozone-Depleting Substances; Removal of Essential-Use Designation (Epinephrine) published in the Federal Register at 73 Federal Register 69532 (November 19, 2008). (3) The term Montreal Protocol has the meaning given such term in section 601 of the Clean Air Act ( 42 U.S.C. 7671 ). (4) The term over-the-counter means not subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ) or otherwise required pursuant to Federal law to be dispensed only upon issuance of a prescription. (d) Sunset This section ceases to be effective August 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1220ih/xml/BILLS-113hr1220ih.xml

113-hr-1221

I 113th CONGRESS 1st Session H. R. 1221 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Fincher introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Federal banking agencies to conduct an impact study on the cumulative effect of certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act before issuing final rules amending the agencies’ general risk-based capital requirements for determining risk-weighted assets as proposed in the Standardized Approach for Risk Weighted Assets Notice of Proposed Rulemaking and the Advanced Approaches Risk-based Capital Rule; Market Risk Capital Rule Notice of Proposed Rulemaking, and the Implementation of Basel III, Minimum Regulatory Capital Ratios Notice of Proposed Rulemaking issued in June 2012, and for other purposes. 1. Short title This Act may be cited as the Basel III Capital Impact Study Act . 2. Study required The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation (hereinafter, the Federal banking agencies ) shall conduct the study and issue the report to Congress required by section 3, prior to issuing any final rule amending the agencies’ general risk-based capital requirements for— (1) determining risk-weighted assets as proposed in the Standardized Approach for Risk Weighted Assets Notice of Proposed Rulemaking issued in June 2012 (hereinafter, the Standardized Approach NPR ); (2) determining risk-weighted assets as proposed in the Advanced Approaches Risk-based Capital Rule; Market Risk Capital Rule Notice of Proposed Rulemaking issued in June 2012 (hereinafter, the Advanced Approach NPR ); and (3) determining minimum regulatory capital ratios as proposed in the Regulatory Capital, Implementation of Basel III, Minimum Regulatory Capital Ratios, Capital Adequacy, Transition Provisions, and Prompt Corrective Action Notice of Proposed Rulemaking issued in June 2012 (hereinafter, the Basel III NPR ). 3. Study and report (a) Study (1) In general The Federal banking agencies shall, jointly, conduct a study of the impact of the Standardized Approach NPR and the Advanced Approach NPR, respectively, on the minimum regulatory capital requirements of insured depository institutions and insured depository institution holding companies. As part of this study, the Federal banking agencies shall separately identify the various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and of amendments made by that Act, that affect capital quality, capital levels, asset quality, and the risk management activities of insured depository institutions and insured depository holding companies (hereinafter identified provisions ) and take into consideration the impact of such provisions. Without excluding any provisions the Federal banking agencies identify as affecting capital quality, capital levels, asset quality, and the risk management activities of insured depository institutions and insured depository holding companies, the identified provisions shall include the following provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the amendments made by such provisions of such Act: (A) Section 115 (regarding enhanced supervision and prudential standards). (B) Section 165 (regarding enhanced supervision and prudential standards). (C) Section 166 (regarding early remediation requirements). (D) Section 171 (regarding leverage and risk-based capital requirements). (E) Section 619 (regarding prohibitions on proprietary trading and certain relationships with hedge funds and private equity funds). (F) Section 939 (regarding the removal of statutory references to credit ratings). (G) Section 941 (regarding regulation of credit risk retention and exemption of qualified residential mortgages). (H) Section 1412 (regarding safe harbor and rebuttable presumptions for qualified mortgages). (2) Contents of study In conducting the study required in paragraph (1), the Federal banking agencies shall determine and make projections of the likely cumulative impact of the Standardized Approach NPR, the Advanced Approach NPR, the Basel III NPR, and the identified provisions on required regulatory capital levels, capital quality, asset quality, and risk management at covered financial institutions. Based on these findings, the Federal banking agencies shall provide an assessment regarding— (A) changes to required capital levels; (B) the aggregate increase or decrease of total risk-weighted asset levels for the institutions to which the Standardized Approach NPR or Advanced Approach NPR would be applicable based on current assets; (C) whether the NPRs and identified provisions will cause capital levels at covered institutions to fluctuate with more frequency or by greater amounts than the current rules and indicate what, if any, safety and soundness issues such fluctuations raise for financial institutions or the financial system; (D) whether the NPRs and the identified provisions will result in the discontinuation of the use of certain risk management tools by covered financial institutions and the impact on the safety and soundness of financial institutions and the financial system; (E) the impact the NPRs and the identified provisions will have on residential mortgage lending and home equity lines of credit; (F) the likely cumulative impact of the NPRs and the identified provisions will have on the availability of credit, generally and in low- and moderate-income areas; (G) the variance in required capital levels, assets, and asset quality between institutions that implement the advanced approaches or approaches to risk weighting of assets and those that use the Standardized Approach NPR or the Advanced Approach NPR and the impact on competition between entities using different approaches; and (H) historical probability of default and loss given default of residential mortgage loans and the proposed risk weightings in the Standardized Approach NPR and the Advanced Approach NPR, and whether such proposed risk weightings are appropriately and fairly calibrated. (3) Voluntary participation The Federal banking agencies may seek input and participation from insured depository institutions and insured depository institution holding companies, however, participation in the study by insured depository institutions and insured depository institution holding companies shall be voluntary. (b) Report (1) In general The Federal banking agencies shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the results of the study required by subsection (a). (2) Contents The Federal banking agencies shall include the methodologies and assumptions used in the study as well as the required elements of the study listed in subsection (a) in the report required in this subsection. 4. Competitive equality Section 908(a)(1) of the International Lending Supervision Act of 1983 ( 12 U.S.C. 3907(a)(1) ) is amended by inserting at the end the following: Each appropriate Federal banking agency shall, consistent with safety and soundness, seek to ensure that any differences in rules implementing the capital standards required under this section or other provisions of Federal law for banking institutions, savings associations, bank holding companies, and savings and loan holding companies do not give competitive advantages to any class or group of such institutions, associations, or companies unless required by other Federal law, and do not undermine any requirements for enhanced supervision and prudential standards required by section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325). .

https://www.govinfo.gov/content/pkg/BILLS-113hr1221ih/xml/BILLS-113hr1221ih.xml

113-hr-1222

I 113th CONGRESS 1st Session H. R. 1222 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Ms. Hanabusa (for herself, Ms. Bordallo , Mr. Faleomavaega , and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Natural Resources , 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 Compact of Free Association of 1985 to provide for adequate Compact-impact aid to affected States and territories, and for other purposes. 1. Short title This Act may be cited as the Compact-Impact Aid Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) In approving the Compact of Free Association it was not the intent of Congress to cause adverse consequences for States, territories, and other jurisdictions of the United States. (2) Congress declared that if any adverse consequences to States, territories, and other jurisdictions of the United States resulted from implementation of the Compact of Free Association, Congress would act sympathetically and expeditiously to redress those adverse consequences. (3) The Government Accountability Office has reported that migration from the Freely Associated States has had a significant impact on Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii and some areas of the continental United States. (4) By placing demands on local governments for health, educational, and other social services, migration under the Compact has adversely affected the budgetary resources of several States and territories. (5) Insufficient sums have been appropriated to cover the costs incurred by Guam, the Commonwealth of the Northern Mariana Islands, and the State of Hawaii, resulting from increased demands placed on health, educational, and other social services by individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (b) Purpose It is the purpose of this Act to address the unfunded mandate and adverse financial consequences resulting from the Compact by meeting the obligations set forth in the Compact. 3. Ensuring mandatory appropriations and health services reimbursement as part of compact-impact aid (a) In general Section 104(e)(6) of the Compact of Free Association Act of 1985 ( 48 U.S.C. 1904(e)(6) ) is amended to read as follows: (6) Impact costs (A) Authorization and continuing appropriations (i) In general There is hereby authorized and appropriated to the Secretary of the Interior, for fiscal year 2013, $185,000,000 with subsequent increases as needed to address significant increases in migration for grants to any local government of the United States that demonstrates financial strain due to demands on public services by significant immigration of individuals from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, and to aid in defraying costs incurred by their governments as a result of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services due to the residence of qualified nonimmigrants. (ii) Awarding The grants under clause (i) shall be— (I) awarded and administered by the Department of the Interior, Office of Insular Affairs, or any successor thereto, in accordance with regulations, policies and procedures applicable to grants so awarded and administered; and (II) used only for health, educational, social, or public safety services, or infrastructure related to such services, specially affected by qualified nonimmigrants. (iii) Enumeration For purposes of carrying out this subparagraph, the Secretary of the Interior shall provide for periodic enumerations of qualified nonimmigrants in the States and territories of the United States. The enumerations— (I) shall be conducted at such intervals as the Secretary of the Interior shall determine; and (II) shall be supervised by the United States Bureau of the Census or any other organization that the Secretary of the Interior selects. (iv) Allocation The Secretary of the Interior shall allocate to each of the governments of qualified affected areas, grants under clause (i) for a fiscal year on the basis of the ratio of the number of qualified immigrants (as most recently enumerated under clause (iii)) in the respective jurisdiction to the total of such numbers for all the jurisdictions. (B) Treatment of certain health care impact costs Notwithstanding any other provision of law, for purposes of providing medical assistance for qualified nonimmigrants under title XIX of the Social Security Act in the case of a State or territory referred to in subparagraph (A)(i)— (i) such individuals shall be treated in the same manner as an individual described in section 402(a)(2)(G) of Public Law 104–193 , as amended; (ii) the Federal medical assistance percentage shall be the same percentage as is applied to medical assistance for services which are received through an Indian Health Service Facility; and (iii) payments under such title for medical assistance for such individuals shall not be taken into account in applying any limitations under section 1108 of the Social Security Act. (C) Qualified nonimmigrant defined In this paragraph, term qualified nonimmigrant means a person admitted to the United States pursuant to— (i) section 141 of the Compact of Free Association set forth in title II; or (ii) section 141 of the Compact of Free Association between the United States and the Government of Palau. . (b) Effective date Section 104(e)(6)(B) of the Compact of Free Association Act of 1985, as amended by subsection (a), shall apply to medical assistance for items and services furnished during or after fiscal year 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1222ih/xml/BILLS-113hr1222ih.xml

113-hr-1223

I 113th CONGRESS 1st Session H. R. 1223 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Hunter (for himself, Mrs. Davis of California , Mr. Turner , and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend the Servicemembers Civil Relief Act to ensure that relocation of a servicemember to serve on active duty away from the servicemember’s principal residence does not prevent the servicemember from refinancing a mortgage on that principal residence. 1. Short title This Act may be cited as the Fairness for Military Homeowners Act of 2013 . 2. Treatment of relocation of members of the Armed Forces for active duty for purposes of mortgage refinancing (a) In general Title III of the Servicemembers Civil Relief Act is amended by inserting after section 303 (50 U.S.C. App. 533) the following new section: 303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing (a) Treatment of absence from residence due to active duty While a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of a relocation described in subsection (c)(1)(B), if the servicemember inquires about or applies for a covered refinancing mortgage, the servicemember shall be considered, for all purposes relating to the covered refinancing mortgage (including such inquiry or application and eligibility for, and compliance with, any underwriting criteria and standards regarding such covered refinancing mortgage) to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of such relocation. (b) Limitation Subsection (a) shall not apply with respect to a servicemember who inquires about or applies for a covered refinancing mortgage if, during the 5-year period preceding the date of such inquiry or application, the servicemember entered into a covered refinancing mortgage pursuant to this section. (c) Definitions In this section: (1) Existing mortgage The term existing mortgage means a mortgage that is secured by a 1- to 4-family residence, including a condominium or a share in a cooperative ownership housing association, that was the principal residence of a servicemember for a period that— (A) had a duration of 13 consecutive months or longer; and (B) ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 18 months that did not allow the servicemember to continue to occupy such residence as a principal residence. (2) Covered refinancing mortgage The term covered refinancing mortgage means any mortgage that— (A) is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages; and (B) is secured by the same residence that secured such existing mortgage or mortgages. . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item: 303A. Treatment of relocation of servicemembers for active duty for purposes of mortgage refinancing. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1223ih/xml/BILLS-113hr1223ih.xml

113-hr-1224

I 113th CONGRESS 1st Session H. R. 1224 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. King of New York (for himself, Mr. Grimm , Mr. Crowley , Mr. Israel , Mr. Marino , Mr. Rangel , Mr. Runyan , Ms. Slaughter , Mr. Gibson , Mr. Higgins , and Mr. Wolf ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for the award of a gold medal on behalf of Congress posthumously to Father Mychal Judge, O.F.M., beloved Chaplain of the Fire Department of New York who passed away as the first recorded victim of the September 11, 2001, attacks in recognition of his example to the Nation of selfless dedication to duty and compassion for one’s fellow citizens. 1. Short title This Act may be cited as the Father Mychal Judge, O.F.M., Congressional Gold Medal Act . 2. Findings Congress finds the following: (1) Father Mychal Judge, O.F.M., beloved Chaplain of the Fire Department of New York passed away as the first recorded victim of the September 11, 2001, attacks after courageously rushing to the World Trade Center to support, console, and administer last rites to the victims of the attacks. (2) A native of Brooklyn, New York, Judge was born on May 11, 1933, to Irish Catholic immigrants from County Leitrim. (3) After his father died of a long illness when Judge was 6 years old, Judge took odd jobs and shined shoes at Penn Station to help support his mother and 2 sisters. (4) Responding to his strong spiritual calling, Judge entered the Franciscans in 1954. (5) He trained at 4 seminaries in New York, New Jersey, New Hampshire, and the District of Columbia and was ordained a Priest of the Franciscan Order of Friars Minor in 1961. (6) From 1961 to 1986, Father Judge served at St. Anthony’s Shrine in Boston, Massachusetts, St. Joseph’s in East Rutherford, New Jersey, Sacred Heart in Rochelle Park, New Jersey, Siena College in Loudonville, New York, and as pastor at St. Joseph’s in West Milford, New Jersey. (7) In 1986, Father Judge was assigned to the Monastery of St. Francis of Assisi Church on West 31st Street, New York, where he served until his death in 2001. (8) Known for his tremendous capacity for compassion, Judge was beloved by the firefighters and by the city he served. (9) Judge would daily send notes or make telephone calls to recognize birthdays, anniversaries, and other significant dates in the lives of the people he knew. (10) In 1994, Father Mychal Judge, O.F.M., was named as one of the chaplains for the New York Fire Department serving the boroughs of Manhattan, the Bronx, and Staten Island. (11) Father Judge was also well known for ministering to the poor and needy among us, including the homeless, immigrants, recovering alcoholics, gays and lesbians, and people with AIDS. (12) Father Mychal Judge’s funeral was held on September 15, 2001. (13) Cardinal Edward Egan presided over a Mass of 3,000 people, including city officials, President Bill Clinton, and Senator Hillary Clinton, who called Judge a bearer of light and noted his death as a special loss. 3. Congressional gold medal (a) Presentation Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the next of kin or personal representative of Father Mychal Judge, O.F.M., in recognition of his example to the Nation of selfless dedication to duty and compassion for one’s fellow citizens. (b) Design and Striking For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 4. Duplicate medals Under such regulations as the Secretary of the Treasury may prescribe, the Secretary may strike duplicate medals in bronze of the gold medal struck pursuant to section 2 and sell such duplicate medals at a price sufficient to cover the costs of the duplicate medals (including labor, materials, dies, use of machinery, overhead expenses) and the cost of the gold medal. 5. National medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. 6. Funding (a) Authorization of Charges There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

https://www.govinfo.gov/content/pkg/BILLS-113hr1224ih/xml/BILLS-113hr1224ih.xml

113-hr-1225

I 113th CONGRESS 1st Session H. R. 1225 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Larsen of Washington introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to place certain lands in Skagit and San Juan Counties, Washington, into trust for the Samish Indian Nation, and for other purposes. 1. Short title This Act may be cited as the Samish Indian Nation Homelands Act of 2013 . 2. Definitions (a) Parcels The term parcels means the 16 parcels of approximately 95 acres of land owned by the Tribe, located in Skagit County and San Juan County, Washington, and depicted on the Map. (b) Map The term Map means the map titled the Samish Indian Nation Homeland Map dated June 20, 2012. (c) Secretary The term Secretary means the Secretary of the Interior. (d) Tribe The term Tribe means the Samish Indian Nation, a federally recognized Indian Tribe. 3. Land into trust (a) Action by the Secretary of the Interior (1) Fulfillment of conditions On fulfillment of each condition described in paragraph (2), and in accordance with the regulations of the Department of the Interior for implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are applicable to trust land acquisitions for Indian tribes that are mandated by Federal legislation, the Secretary shall take the land described in the Map into trust for the benefit of the Tribe. (2) Conditions The conditions referred to in paragraph (1) are that the Tribe shall— (A) convey to the Secretary all right, title, and interest in and to the parcels of land described in the Map; and (B) submit to the Secretary a request to take the parcels of land described in the Map into trust for the Tribe. (b) Survey (1) Responsibility for survey The Tribe shall conduct a survey of the boundaries of the parcels described in the Map and designated for the Tribe and submit the survey to the Bureau of Indian Affairs. (2) Approval of survey (A) Not later than 90 days after the date on which the survey is submitted under this subsection, the Director of the Bureau of Indian Affairs shall complete a review of the survey, and provide the Tribe with notice of concurrence of the survey. (B) Not later than 120 days after the date on which concurrence is provided to the Tribe, the Secretary shall submit a copy of the survey to the appropriate Committees of Congress, and make the survey available to the public at the appropriate office of the Secretary. (c) Effect of Act Nothing in this Act limits the existing rights or claims of the Samish Indian Nation. 4. Hunting, fishing, trapping, and gathering This Act shall not grant, restore, or diminish any hunting, fishing, trapping or gathering treaty right of any tribe. 5. Gaming prohibition The Tribe may not conduct on any land taken into trust pursuant to this Act any gaming activities— (1) as a matter of claimed inherent authority; or (2) under any Federal law (including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) (including any regulations promulgated by the Secretary or the National Indian Gaming Commission pursuant to that Act)).

https://www.govinfo.gov/content/pkg/BILLS-113hr1225ih/xml/BILLS-113hr1225ih.xml

113-hr-1226

I 113th CONGRESS 1st Session H. R. 1226 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mrs. Noem (for herself, Mr. Kline , Mr. Gosar , Mr. Cramer , Mr. Cole , and Mr. Calvert ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act. 1. Short title This Act may be cited as the Tribal Labor Sovereignty Act of 2013 . 2. Definition of employer Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ) is amended— (1) in paragraph (2), by inserting or any enterprise or institution owned and operated by an Indian tribe and located on its Indian lands, after subdivision thereof ; and (2) by adding at the end the following: (15) The term Indian tribe means any Indian tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (16) The term Indian means any individual who is a member of an Indian tribe. (17) The term Indian lands means— (A) all lands within the limits of any Indian reservation; (B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation; and (C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian tribe. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1226ih/xml/BILLS-113hr1226ih.xml

113-hr-1227

I 113th CONGRESS 1st Session H. R. 1227 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Paulsen (for himself, Mr. Quigley , Mr. Renacci , and Mr. Delaney ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H–1B nonimmigrants. 1. Short title This Act may be cited as the Stopping Trained in America Ph.D.s From Leaving the Economy Act of 2013 or the STAPLE Act . 2. Exemption from numerical limitations on permanent residents for certain United States educated immigrants (a) Aliens not subject to direct numerical limitations 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 have earned a Ph.D. degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) in a field of science, technology, engineering, or mathematics and who have an offer of employment from a United States employer in a field related to such degree. . (b) Procedure for granting immigrant status Section 204(a)(1)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) ) is amended— (1) by striking or after 203(b)(2), ; (2) by inserting , or 201(b)(1)(F) after 203(b)(3) ; and (3) by striking Attorney General and inserting Secretary of Homeland Security . 3. Exemption from H–1B numerical limitation for certain United States educated nonimmigrants Section 214(g)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(5) ) is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (D) has earned a Ph.D. degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) in a field of science, technology, engineering, or mathematics and with respect to whom the petitioning employer requires such education as a condition for the employment. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1227ih/xml/BILLS-113hr1227ih.xml

113-hr-1228

I 113th CONGRESS 1st Session H. R. 1228 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Ribble (for himself, Mr. Petri , Mr. Ryan of Wisconsin , Mr. Duffy , Mr. Kind , Ms. Moore , Mr. Pocan , and Mr. Sensenbrenner ) 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 300 Packerland Drive in Green Bay, Wisconsin, as the Corporal Justin D. Ross Post Office Building . 1. Corporal Justin D. Ross Post Office Building (a) Designation The facility of the United States Postal Service located at 300 Packerland Drive in Green Bay, Wisconsin, shall be known and designated as the Corporal Justin D. Ross Post Office Building . (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 Corporal Justin D. Ross Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr1228ih/xml/BILLS-113hr1228ih.xml

113-hr-1229

I 113th CONGRESS 1st Session H. R. 1229 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Ms. Roybal-Allard introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Financial Services , Ways and Means , and 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 promote the economic security and safety of victims of domestic violence, dating violence, sexual assault, or stalking, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Security and Financial Empowerment Act . (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—Reauthorization of National Resource Center grants Sec. 101. Grant program reauthorization. Title II—Emergency leave for addressing domestic violence, dating violence, sexual assault, or stalking Sec. 201. Amendment to VAWA. Sec. 202. Conforming amendments. Sec. 203. Effective date. Title III—Victims’ employment sustainability Sec. 301. Amendment to VAWA. Sec. 302. Attorney’s fees. Title IV—Entitlement to unemployment compensation for victims of domestic violence, dating violence, sexual assault, or stalking Sec. 401. Unemployment compensation and training provisions. Title V—Victims of abuse insurance protection Sec. 501. Short title. Sec. 502. Definitions. Sec. 503. Discriminatory acts prohibited. Sec. 504. Insurance protocols for subjects of abuse. Sec. 505. Reasons for adverse actions. Sec. 506. Life insurance. Sec. 507. Subrogation without consent prohibited. Sec. 508. Enforcement. Sec. 509. Effective date. Title VI—Severability Sec. 601. Severability. 2. Findings Congress finds the following: (1) Violence against women has been reported to be the leading cause of physical injury to women. Such violence has a devastating impact on women’s physical and emotional health, financial security, and ability to maintain their jobs, and thus impacts interstate commerce. (2) Victims of domestic violence, dating violence, sexual assault, and stalking are particularly vulnerable to changes in employment, pay, and benefits, and as a result of their desperate need for economic stability, are in particular need of legal protection. (3) The Bureau of National Affairs has estimated that domestic violence costs United States employers between $3,000,000,000 and $5,000,000,000 annually in lost time and productivity, while other reports have estimated the cost at between $5,800,000,000 and $13,000,000,000 annually. (4) United States medical costs for domestic violence have been estimated to be $31,000,000,000 per year. The medical cost associated with each incident of domestic violence ranges from $387 to $948, including costs of health care and mental health services. (5) Domestic violence crimes account for approximately 15 percent of total crime costs in the United States each year. (6) (A) According to the National Institute of Justice, crime costs an estimated $450,000,000,000 annually in medical expenses, lost earnings, social service costs, pain, suffering, and reduced quality of life for victims, which harms the Nation's productivity and drains the Nation's resources. (B) Violent crime accounts for $426,000,000,000 per year of this amount. (C) Rape exacts the highest costs per victim of any criminal offense, and accounts for $127,000,000,000 per year of the amount described in subparagraph (A). (7) Violent crime results in wage losses equivalent to 1 percent of all United States earnings, and causes 3 percent of the Nation's medical spending and 14 percent of the Nation's injury-related medical spending. (8) Homicide is the leading cause of death for women on the job. Husbands, boyfriends, and ex-partners commit 15 percent of workplace homicides against women. (9) According to a recent study by the National Institutes of Health and Centers for Disease Control and Prevention, each year there are 5,300,000 non-fatal violent victimizations committed by intimate partners against women. Female murder victims were substantially more likely than male murder victims to have been killed by an intimate partner. About 1/3 of female murder victims, and about 4 percent of male murder victims, were killed by an intimate partner. (10) Forty-nine percent of senior executives recently surveyed said domestic violence has a harmful effect on their company's productivity, 47 percent said domestic violence negatively affects attendance, and 44 percent said domestic violence increases health care costs. (11) Seventy-eight percent of human resources professionals consider partner violence a workplace issue. However, more than 70 percent of United States workplaces have no formal program or policy that addresses workplace violence, let alone domestic violence. In fact, only 4 percent of employers provided training on domestic violence. (12) Ninety-four percent of corporate security and safety directors at companies nationwide rank domestic violence as a high security concern. (13) Women who have experienced domestic violence or dating violence are more likely than other women to be unemployed, to suffer from health problems that can affect employability and job performance, to report lower personal income, and to rely on welfare. (14) Studies indicate that one of the best predictors of whether a victim will be able to stay away from her abuser is her degree of economic independence. However, domestic violence, dating violence, sexual assault, and stalking often negatively impact a victim's ability to maintain employment. (15) According to a 1998 report of the General Accounting Office, between 1/4 and ½ of domestic violence victims surveyed in 3 studies reported that they lost a job due, at least in part, to domestic violence. (16) Employees in the United States who have been victims of domestic violence, dating violence, sexual assault, or stalking too often suffer adverse consequences in the workplace as a result of their victimization. (17) Domestic violence also affects abusers’ ability to work. A recent study found that 48 percent of abusers reported having difficulty concentrating at work and 42 percent reported being late to work. Seventy-eight percent reported using their own company’s resources in connection with the abusive relationship. (18) Abusers frequently seek to exert financial control over their partners by actively interfering with their ability to work, including preventing their partners from going to work, harassing their partners at work, limiting the access of their partners to cash or transportation, and sabotaging the child care arrangements of their partners. (19) Studies indicate that between 35 and 56 percent of employed battered women surveyed were harassed at work by their abusive partners. (20) More than ½ of women receiving welfare have been victims of domestic violence as adults and between 1/4 and 1/3 of women receiving welfare reported being abused in the last year. (21) Victims of domestic violence also frequently miss work due to injuries, court dates, and safety concerns requiring legal protections. Victims of intimate partner violence lose 8,000,000 days of paid work each year, the equivalent of over 32,000 full-time jobs and 5,600,000 days of household productivity. (22) Approximately 10,200,000 people have been stalked at some time in their lives. Four out of every 5 stalking victims are women. Stalkers harass and terrorize their victims by spying on the victims, standing outside their places of work or homes, making unwanted phone calls, sending or leaving unwanted letters or items, or vandalizing property. (23) More than 35 percent of stalking victims report losing time from work due to the stalking and 7 percent never return to work. (24) The prevalence of sexual assault and other violence against women at work is also dramatic. About 36,500 individuals, 80 percent of whom are women, were raped or sexually assaulted in the workplace each year from 1993 through 1999. Half of all female victims of violent workplace crimes know their attackers. Nearly one out of 10 violent workplace incidents are committed by partners or spouses. Women who work for State and local governments suffer a higher incidence of workplace assaults, including rapes, than women who work in the private sector. (25) According to recent Government estimates, approximately 987,400 rapes occur annually in the United States, with 89 percent of the rapes perpetrated against female victims. Since 2001, rapes have actually increased by 4 percent. (26) Sexual assault, whether occurring in or out of the workplace, can impair an employee's work performance, require time away from work, and undermine the employee's ability to maintain a job. Almost 50 percent of sexual assault survivors lose their jobs or are forced to quit in the aftermath of the assaults. An estimated 24 to 30 percent of abused working women lose their jobs due to their abuse. (27) Domestic and sexual violence victims have been subjected to discrimination by private and State employers, including discrimination motivated by sex and stereotypic notions about women. (28) Domestic violence victims and third parties who help them have been subjected to discriminatory practices by life, disability, and property and casualty insurers and employers who self-insure employee benefits, who have denied or canceled coverage, rejected claims, and raised rates based on domestic violence. Although some State legislatures have tried to address those practices, the scope of protection afforded by the laws adopted varies from State to State, with many failing to address the problem involved comprehensively. Moreover, Federal law prevents States from protecting the almost 40 percent of employees whose employers self-insure employee benefits. (29) Only the States of Hawaii, Illinois, New York, and Oregon prohibit employment discrimination against all victims of domestic violence, sexual assault, or stalking. (30) Employees, including individuals participating in welfare-to-work programs, may need to take time during business hours to— (A) obtain orders of protection; (B) seek medical or legal assistance, counseling, or other services; or (C) look for housing in order to escape from domestic violence. (31) Only 11 States provide domestic violence victims with leave from work to go to court, to go to the doctor, or to take other steps to address the domestic violence in their lives. (32) Only 36 States and the District of Columbia have laws that explicitly provide unemployment insurance to domestic violence victims in certain circumstances, and none of the laws explicitly cover victims of sexual assault or stalking. (33) Existing Federal law does not explicitly— (A) authorize victims of domestic violence, dating violence, sexual assault, or stalking to take leave from work to seek legal assistance and redress, counseling, or assistance with safety planning activities; (B) address the eligibility of victims of domestic violence, dating violence, sexual assault, or stalking for unemployment compensation; (C) provide job protection to actual or perceived victims of domestic violence, dating violence, sexual assault, or stalking; or (D) (i) prohibit insurers and employers who self-insure employee benefits from discriminating against domestic violence victims and those who help them in determining eligibility, rates charged, and standards for payment of claims; or (ii) prohibit insurers from disclosing information about abuse and the location of the victims through insurance databases and other means. I Reauthorization of National Resource Center grants 101. Grant program reauthorization (a) Information and assistance to victims’ service providers and community organizations Section 41501(a) of the Violence Against Women Act ( 42 U.S.C. 14043f(a) ) is amended by striking the period at the end and inserting , and to victim service organizations (as defined in section 41701), including community based organizations, and tribal, State and territorial domestic violence or sexual assault coalitions to enable them to provide resource materials or other assistance to employers, labor organizations, or employees. . (b) Authorization of Appropriations Section 41501(e) of such Act is amended by striking 2007 through 2011 and inserting 2014 through 2018 . (c) Administrative provisions Section 41501 of such Act is further amended by adding at the end the following: (g) Administrative Costs (1) In general From the amount appropriated under subsection (e) for each fiscal year, the Attorney General shall not use more than 2.5 percent for the administration and monitoring of grants made available under this section. (2) Evaluations From the amount appropriated under subsection (e) for each fiscal year, the Director shall not use more than 5 percent to award contracts or cooperative agreements to entities with demonstrated expertise in program evaluation, to evaluate programs under this section. . II Emergency leave for addressing domestic violence, dating violence, sexual assault, or stalking 201. Amendment to VAWA The Violence Against Women Act is amended by adding at the end the following new subtitle: Q Entitlement to emergency leave for addressing domestic violence, dating violence, sexual assault, or stalking 41701. Definitions As used in this subtitle, the following definitions apply: (1) Employ; State The terms employ and State have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (2) Employee (A) In general The term employee means any person employed by an employer. In the case of an individual employed by a public agency, such term means an individual employed as described in section 3(e)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e)(2) ). (B) Basis The term includes a person employed as described in subparagraph (A) on a full- or part-time basis, for a fixed time period, on a temporary basis, pursuant to a detail, or as a participant in a work assignment as a condition of receipt of Federal or State income-based public assistance. (3) Employer The term employer — (A) means any person engaged in commerce or in any industry or activity affecting commerce who employs fifteen or more individuals; and (B) includes any person acting directly or indirectly in the interest of an employer in relation to an employee, and includes a public agency that employs individuals as described in section 3(e)(2) of the Fair Labor Standards Act of 1938, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. (4) Employment benefits The term employment benefits means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan , as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) ). (5) Family or household member The term family or household member , used with respect to a person, means a nonabusive individual who is a spouse, former spouse, parent, son or daughter, or person residing or formerly residing in the same dwelling unit as the person. (6) Parent; son or daughter The terms parent and son or daughter have the meanings given the terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). (7) Person The term person has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (8) Public agency The term public agency has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (9) Public assistance The term public assistance includes cash, food stamps, medical assistance, housing assistance, and other benefits provided on the basis of income by a public agency. (10) Reduced leave schedule The term reduced leave schedule means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee. (11) Secretary The term Secretary means the Secretary of Labor. (12) Victim of domestic violence, dating violence, sexual assault, or stalking The term victim of domestic violence, dating violence, sexual assault, or stalking includes a person who has been a victim of domestic violence, dating violence, sexual assault, or stalking and a person whose family or household member has been a victim of domestic violence, dating violence, sexual assault, or stalking. (13) Victim services organization The term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, dating violence, sexual assault, or stalking, or to advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence program, an organization operating a shelter or providing counseling services, or an organization providing assistance through the legal process. 41702. Entitlement to emergency leave for addressing domestic violence, dating violence, sexual assault, or stalking (a) Entitlement to leave (1) Basis An employee who is a victim of domestic violence, dating violence, sexual assault, or stalking may take leave from work to address domestic violence, dating violence, sexual assault, or stalking, by— (A) seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic violence, dating violence, sexual assault, or stalking to the employee or the employee’s family or household member; (B) obtaining services from a victim services organization for the employee or the employee’s family or household member; (C) obtaining psychological or other counseling for the employee or the employee’s family or household member; (D) participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee’s family or household member from future domestic violence, dating violence, sexual assault, or stalking or ensure economic security; or (E) seeking legal assistance or remedies to ensure the health and safety of the employee or the employee’s family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence, dating violence, sexual assault, or stalking. (2) Period An employee may take not more than 30 days of leave, as described in paragraph (1), in any 12-month period. (3) Schedule Leave described in paragraph (1) may be taken intermittently or on a reduced leave schedule. (b) Notice The employee shall provide the employer with reasonable notice of the employee’s intention to take the leave, unless providing such notice is not practicable. (c) Certification (1) In general The employer may require the employee to provide certification to the employer, within a reasonable period after the employer requests the certification, that— (A) the employee or the employee’s family or household member is a victim of domestic violence, dating violence, sexual assault, or stalking; and (B) the leave is for one of the purposes enumerated in subsection (a)(1). (2) Contents An employee may satisfy the certification requirement of paragraph (1) by providing to the employer— (A) a sworn statement of the employee; (B) documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional, from whom the employee or the employee’s family or household member has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking and the effects of domestic violence, dating violence, sexual assault, or stalking; (C) a police or court record; or (D) other corroborating evidence. (d) Confidentiality All information provided to the employer pursuant to subsection (b) or (c), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained leave pursuant to this section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is— (1) requested or consented to by the employee in writing; or (2) otherwise required by applicable Federal or State law. (e) Employment and benefits (1) Restoration to position (A) In general Except as provided in paragraph (2), any employee who takes leave under this section for the intended purpose of the leave shall be entitled, on return from such leave— (i) to be restored by the employer to the position of employment held by the employee when the leave commenced; or (ii) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. (B) Loss of benefits The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. (C) Limitations Nothing in this subsection shall be construed to entitle any restored employee to— (i) the accrual of any seniority or employment benefits during any period of leave; or (ii) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. (D) Construction Nothing in this paragraph shall be construed to prohibit an employer from requiring an employee on leave under this section to report periodically to the employer on the status and intention of the employee to return to work. (2) Exemption concerning certain highly compensated employees (A) Denial of restoration An employer may deny restoration under paragraph (1) to any employee described in subparagraph (B) if— (i) such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer; (ii) the employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that such injury would occur; and (iii) in any case in which the leave has commenced, the employee elects not to return to employment after receiving such notice. (B) Affected employees An employee referred to in subparagraph (A) is a salaried employee who is among the highest paid 10 percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed. (3) Maintenance of health benefits (A) Coverage Except as provided in subparagraph (B), during any period that an employee takes leave under this section, the employer shall maintain coverage under any group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986) for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. (B) Failure to return from leave The employer may recover the premium that the employer paid for maintaining coverage for the employee under such group health plan during any period of leave under this section if— (i) the employee fails to return from leave under this section after the period of leave to which the employee is entitled has expired; and (ii) the employee fails to return to work for a reason other than— (I) the continuation of, recurrence of, or onset of an episode of domestic violence, dating violence, sexual assault, or stalking, that entitles the employee to leave pursuant to this section; or (II) other circumstances beyond the control of the employee. (C) Certification (i) Issuance An employer may require an employee who claims that the employee is unable to return to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii) to provide, within a reasonable period after making the claim, certification to the employer that the employee is unable to return to work because of that reason. (ii) Contents An employee may satisfy the certification requirement of clause (i) by providing to the employer— (I) a sworn statement of the employee; (II) documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional, from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking and the effects of domestic violence, dating violence, sexual assault, or stalking; (III) a police or court record; or (IV) other corroborating evidence. (D) Confidentiality All information provided to the employer pursuant to subparagraph (C), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee is not returning to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii), shall be retained in the strictest confidence by the employer, except to the extent that disclosure is— (i) requested or consented to by the employee; or (ii) otherwise required by applicable Federal or State law. (f) Prohibited acts (1) Interference with rights (A) Exercise of rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this section. (B) Employer discrimination It shall be unlawful for any employer to discharge or harass any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment of the individual (including retaliation in any form or manner) because the individual— (i) exercised any right provided under this section; or (ii) opposed any practice made unlawful by this section. (C) Public agency sanctions It shall be unlawful for any public agency to deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, or otherwise discriminate against any individual (including retaliation in any form or manner) with respect to the amount, terms, or conditions of public assistance of the individual because the individual— (i) exercised any right provided under this section; or (ii) opposed any practice made unlawful by this section. (2) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate (as described in subparagraph (B) or (C) of paragraph (1)) against any individual because such individual— (A) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this section; (B) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this section; or (C) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this section. (g) Enforcement (1) Civil action by affected individuals (A) Liability Any employer that violates subsection (f) shall be liable to any individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation has not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages equal to the sum of the amount described in subclause (I) and the interest described in subclause (II), except that if an employer that has violated subsection (f) proves to the satisfaction of the court that the act or omission that violated subsection (f) was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of subsection (f), such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under subclauses (I) and (II), respectively; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more affected individuals for and on behalf of— (i) the individuals; or (ii) the individuals and other individuals similarly situated. (C) Fees and costs The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (D) Limitations The right provided by subparagraph (B) to bring an action by or on behalf of any affected individual shall terminate— (i) on the filing of a complaint by the Secretary in an action under paragraph (4) in which restraint is sought of any further delay in the payment of the amount described in subparagraph (A)(i) to such individual by an employer responsible under subparagraph (A) for the payment; or (ii) on the filing of a complaint by the Secretary in an action under paragraph (2) in which a recovery is sought of the damages described in subparagraph (A)(i) owing to an affected individual by an employer liable under subparagraph (A), unless the action described in clause (i) or (ii) is dismissed without prejudice on motion of the Secretary. (2) Action by the Secretary (A) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of subsection (f) in the same manner as the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (1)(A)(i). (C) Sums recovered Any sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each individual affected. Any such sums not paid to such an individual because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (3) Limitation (A) In general Except as provided in subparagraph (B), an action may be brought under this subsection not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation In the case of such action brought for a willful violation of subsection (f), such action may be brought within 3 years after the date of the last event constituting the alleged violation for which such action is brought. (C) Commencement In determining when an action is commenced by the Secretary under this subsection for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (4) Action for injunction by Secretary The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (A) to restrain violations of subsection (f), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to affected individuals; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (5) Solicitor of Labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this subsection. (6) Employer liability under other laws Nothing in this section shall be construed to limit the liability of an employer or public agency to an individual, for harm suffered relating to the individual’s experience of domestic violence, dating violence, sexual assault, or stalking, pursuant to any other Federal or State law, including a law providing for a legal remedy. (7) Library of Congress Notwithstanding any other provision of this subsection, in the case of the Library of Congress, the authority of the Secretary under this subsection shall be exercised by the Librarian of Congress. (8) Certain public agency employers (A) Agencies Notwithstanding any other provision of this subsection, in the case of a public agency that employs individuals as described in subparagraph (A) or (B) of section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than an entity of the legislative branch of the Federal Government), subparagraph (B) shall apply. (B) Authority In the case described in subparagraph (A), the powers, remedies, and procedures provided in the case of a violation of chapter 63 of title 5, United States Code, in that title to an employing agency, in chapter 12 of that title to the Merit Systems Protection Board, or in that title to any person alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this subsection provides in the case of a violation of subsection (f) to that agency, that Board, or any person alleging a violation of subsection (f), respectively, against an employee who is such an individual. (9) Public agencies providing public assistance Consistent with regulations prescribed under section 106(d), the President shall ensure that any public agency that violates subsection (f)(1)(C), or subsection (f)(2) by discriminating as described in subsection (f)(1)(C), shall provide to any individual who receives a less favorable amount, term, or condition of public assistance as a result of the violation— (A) (i) the amount of any public assistance denied or lost to such individual by reason of the violation; and (ii) the interest on the amount described in clause (i); and (B) such equitable relief as may be appropriate. 41703. Existing leave usable for addressing domestic violence, dating violence, sexual assault, or stalking An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment, pursuant to State or local law, a collective bargaining agreement, or an employment benefits program or plan, may elect to substitute any period of such leave for an equivalent period of leave provided under section 41702. 41704. Emergency benefits (a) In general A State may use funds provided to the State under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) to provide nonrecurrent short-term emergency benefits to an individual for any period of leave the individual takes pursuant to section 41702. (b) Eligibility In calculating the eligibility of an individual for such emergency benefits, the State shall count only the cash available or accessible to the individual. (c) Timing (1) Applications An individual seeking emergency benefits under subsection (a) from a State shall submit an application to the State. (2) Benefits The State shall provide benefits to an eligible applicant under paragraph (1) on an expedited basis, and not later than 7 days after the applicant submits an application under paragraph (1). 41705. Effect on other laws and employment benefits (a) More protective laws, agreements, programs, and plans Nothing in this title shall be construed to supersede any provision of any Federal, State, or local law, collective bargaining agreement, or employment benefits program or plan that provides— (1) greater leave benefits for victims of domestic violence, dating violence, sexual assault, or stalking than the rights established under this title; or (2) leave benefits for a larger population of victims of domestic violence, dating violence, sexual assault, or stalking (as defined in such law, agreement, program, or plan) than the victims of domestic violence, dating violence, sexual assault, or stalking covered under this title. (b) Less protective laws, agreements, programs, and plans The rights established for victims of domestic violence, dating violence, sexual assault, or stalking under this title shall not be diminished by any State or local law, collective bargaining agreement, or employment benefits program or plan. 41706. Regulations (a) In general (1) Authority to issue regulations Except as provided in subsections (b), (c), and (d), the Secretary shall issue regulations to carry out this title. (2) Regulations regarding notices The regulations described in paragraph (1) shall include regulations requiring every employer to post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily placed, a notice, to be prepared or approved by the Secretary, summarizing the provisions of this title and providing information on procedures for filing complaints. The Secretary shall develop such a notice and provide copies to employers upon request without charge. (b) Library of Congress The Librarian of Congress shall prescribe the regulations described in subsection (a) with respect to employees of the Library of Congress. The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary under subsection (a). (c) Certain public agency employers The Office of Personnel Management shall prescribe the regulations described in subsection (a) with respect to individuals described in subparagraph (A) or (B) of section 3(e)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e)(2) ) (other than an individual employed by an entity of the legislative branch of the Federal Government). The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary under subsection (a). (d) Public agencies providing public assistance The President shall prescribe the regulations described in subsection (a) with respect to applicants for and recipients of public assistance, in the case of violations of section 41702(f)(1)(C), or section 41702(f)(2) due to discrimination described in section 41702(f)(1)(C). The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary under subsection (a). . 202. Conforming amendments (a) Social Security Act Section 404 of the Social Security Act ( 42 U.S.C. 604 ) is amended by adding at the end the following: (l) Authority To provide emergency benefits A State that receives a grant under section 403 may use the grant to provide nonrecurrent short-term emergency benefits, in accordance with section 41704 of the Violence Against Women Act, to individuals who take leave pursuant to section 41702 of that Act, without regard to whether the individuals receive assistance under the State program funded under this part. . (b) Rehabilitation Act Section 1003(a)(1) of the Rehabilitation Act Amendments of 1986 ( 42 U.S.C. 2000d–7(a)(1) ) is amended by inserting section 41702 of the Violence Against Women Act, after Civil Rights Act of 1964, . 203. Effective date The amendments made by this title take effect 180 days after the date of enactment of this Act. III Victims’ employment sustainability 301. Amendment to VAWA The Violence Against Women Act, as amended by section 101, is further amended by adding at the end the following: R Victims’ employment sustainability 41801. Short title This subtitle may be cited as the Victims’ Employment Sustainability Act . 41802. Prohibited discriminatory acts (a) In general An employer shall not fail to hire, refuse to hire, discharge, or harass any individual, or otherwise discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual (including retaliation in any form or manner), and a public agency shall not deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, or otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual (including retaliation in any form or manner), because— (1) the individual involved is or the employer or public agency involved perceives that individual to be a victim of domestic violence, dating violence, sexual assault, or stalking; (2) that individual attended, participated in, prepared for, or requested leave to attend, participate in, or prepare for, a criminal or civil court proceeding relating to an incident of domestic violence, dating violence, sexual assault, or stalking of which the individual, or the family or household member of the individual, was a victim; (3) that individual, in response to actual or threatened domestic violence, dating violence, sexual assault, or stalking, requested that the employer or public agency implement a reasonable safety procedure or a job-related modification to enhance the security of that individual or safeguard the workplace involved; or (4) the workplace is disrupted or threatened by the action of a person whom that individual states has committed or threatened to commit domestic violence, dating violence, sexual assault, or stalking against that individual, or that individual’s family or household member. (b) Definitions In this section: (1) Discriminate The term discriminate , used with respect to the terms, conditions, or privileges of employment or with respect to the terms or conditions of public assistance, includes failing to implement, on request from an individual, in response to actual or threatened domestic violence, dating violence, sexual assault, or stalking, a reasonable safety procedure or a job-related modification to enhance the security of that individual or safeguard the workplace (such as installation of a lock, change of a telephone number or seating assignment, provision of a transfer, provision of leave, modification of a schedule, or adjustment of a work requirement), unless the employer or public agency can demonstrate that granting the request would impose an undue hardship on the operation of the employer or public agency. (2) Undue hardship The term undue hardship means an action requiring significant difficulty or expense. 41803. Enforcement (a) Civil action by individuals (1) Liability Any employer that violates section 41802 shall be liable to any individual affected for— (A) damages equal to the amount of wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation, and the interest on that amount calculated at the prevailing rate; (B) compensatory damages, including damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment or life, and other nonpecuniary losses; (C) such punitive damages, up to 3 times the amount of actual damages sustained, as the court described in paragraph (2) shall determine to be appropriate; and (D) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (2) Right of action An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more individuals described in section 41802. (b) Action by department of justice The Attorney General may bring a civil action in any Federal or State court of competent jurisdiction to recover the damages or equitable relief described in subsection (a)(1). (c) Library of Congress Notwithstanding any other provision of this section, in the case of the Library of Congress, the authority of the Secretary under this section shall be exercised by the Librarian of Congress. (d) Certain public agency employers (1) Agencies Notwithstanding any other provision of this subsection, in the case of a public agency that employs individuals as described in subparagraph (A) or (B) of section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than an entity of the legislative branch of the Federal Government), paragraph (2) shall apply. (2) Authority In the case described in subparagraph (A), the powers, remedies, and procedures provided (in the case of a violation of section 2302(b)(1)(A) of title 5, United States Code) in title 5, United States Code, to an employing agency, the Office of Special Counsel, the Merit Systems Protection Board, or any person alleging a violation of such section 2302(b)(1)(A), shall be the powers, remedies, and procedures this section provides in the case of a violation of section 41802 to that agency, that Office, that Board, or any person alleging a violation of section 41802, respectively, against an employee who is such an individual. (e) Public agencies providing public assistance Consistent with regulations prescribed under section 41805(d), the President shall ensure that any public agency that violates section 41802(a) by taking an action prohibited under section 41802(a) against any individual with respect to the amount, terms, or conditions of public assistance, shall provide to any individual who receives a less favorable amount, term, or condition of public assistance as a result of the violation— (1) (A) the amount of any public assistance denied or lost to such individual by reason of the violation; and (B) the interest on the amount described in clause (i) calculated at the prevailing rate; and (2) such equitable relief as may be appropriate. 41804. Regulations (a) In general Except as provided in subsections (b), (c), and (d), the Secretary shall issue regulations to carry out this title. (b) Library of Congress The Librarian of Congress shall prescribe the regulations described in subsection (a) with respect to employees of the Library of Congress. The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary under subsection (a). (c) Certain public agency employers The Office of Personnel Management, after consultation under the Office of Special Counsel and the Merit Systems Protection Board, shall prescribe the regulations described in subsection (a) with respect to individuals described in subparagraph (A) or (B) of section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than an individual employed by an entity of the legislative branch of the Federal Government). The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary under subsection (a). (d) Public agencies providing public assistance The President shall prescribe the regulations described in subsection (a) with respect to public agencies providing public assistance as described in section 41803(e), including violations of section 41802(a) by such agencies. The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary under subsection (a). . 302. Attorney’s fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended by inserting the Victims’ Employment Sustainability Act , after title VI of the Civil Rights Act of 1964 , . IV Entitlement to unemployment compensation for victims of domestic violence, dating violence, sexual assault, or stalking 401. Unemployment compensation and training provisions (a) Unemployment compensation Section 3304 of the Internal Revenue Code of 1986 (relating to approval of State unemployment compensation laws) is amended— (1) in subsection (a)— (A) in paragraph (18), by striking and at the end; (B) by redesignating paragraph (19) as paragraph (20); and (C) by inserting after paragraph (18) the following new paragraph: (19) compensation shall not be denied where an individual is separated from employment due to circumstances resulting from the individual’s experience of domestic violence, dating violence, sexual assault, or stalking, nor shall States impose additional conditions that restrict the individual’s eligibility for or receipt of benefits beyond those required of other individuals who are forced to leave their jobs or are deemed to have good cause for voluntarily separating from a job in the State; and ; and (2) by adding at the end the following new subsection: (g) Construction For purposes of subsection (a)(19)— (1) Documentation In determining eligibility for compensation due to circumstances resulting from an individual’s experience of domestic violence, dating violence, sexual assault, or stalking— (A) States shall adopt, or have adopted, by statute, regulation, or policy a list of forms of documentation that may be presented to demonstrate eligibility; and (B) presentation of any one of such forms of documentation shall be sufficient to demonstrate eligibility, except that a State may require the presentation of a form of identification in addition to the written statement of claimant described in paragraph (2)(G). (2) List of forms of documentation The list referred to in paragraph (1)(A) shall include not less than three of the following forms of documentation: (A) An order of protection or other documentation issued by a court. (B) A police report or criminal charges documenting the domestic violence, dating violence, sexual assault, or stalking. (C) Documentation that the perpetrator has been convicted of the offense of domestic violence, dating violence, sexual assault, or stalking. (D) Medical documentation of the domestic violence, dating violence, sexual assault, or stalking. (E) Evidence of domestic violence, dating violence, sexual assault, or stalking from a counselor, social worker, health worker, or domestic violence shelter worker. (F) A written statement that the applicant or the applicant’s minor child is a victim of domestic violence, dating violence, sexual assault, or stalking, provided by a social worker, member of the clergy, shelter worker, attorney at law, or other professional who has assisted the applicant in dealing with the domestic violence, dating violence, sexual assault, or stalking. (G) A written statement of the claimant. (3) Domestic violence, dating violence, sexual assault, and stalking defined The terms domestic violence , dating violence , sexual assault , and stalking have the meanings given such terms in section 40002 of the Violence Against Women Act . . (b) Unemployment compensation personnel training Section 303(a) of the Social Security Act ( 42 U.S.C. 503(a) ) is amended— (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; and (2) by inserting after paragraph (3) the following new paragraph: (4) Such methods of administration as will ensure that— (A) applicants for unemployment compensation and individuals inquiring about such compensation are adequately notified of the provisions of subsections (a)(19) and (g) of section 3304 of the Internal Revenue Code of 1986 (relating to the availability of unemployment compensation for victims of domestic violence, dating violence, sexual assault, or stalking); and (B) claims reviewers and hearing personnel are adequately trained in— (i) the nature and dynamics of domestic violence, dating violence, sexual assault, or stalking (as such terms are defined in section 40002 of the Violence Against Women Act ); and (ii) methods of ascertaining and keeping confidential information about possible experiences of domestic violence, dating violence, sexual assault, or stalking (as so defined) to ensure that— (I) requests for unemployment compensation based on separations stemming from domestic violence, dating violence, sexual assault, or stalking (as so defined) are reliably screened, identified, and adjudicated; and (II) full confidentiality is provided for the individual’s claim and submitted evidence; and . (c) TANF personnel training Section 402(a) of the Social Security Act ( 42 U.S.C. 602(a) ) is amended by adding at the end the following new paragraph: (8) Certification that the State will provide information to victims of domestic violence, dating violence, sexual assault, or stalking A certification by the chief officer of the State that the State has established and is enforcing standards and procedures to— (A) ensure that applicants for assistance under the program and individuals inquiring about such assistance are adequately notified of— (i) the provisions of subsections (a)(19) and (g) of section 3304 of the Internal Revenue Code of 1986 (relating to the availability of unemployment compensation for victims of domestic violence, dating violence, sexual assault, or stalking); and (ii) assistance made available by the State to victims of domestic violence, dating violence, sexual assault, or stalking (as such terms are defined in section 40002 of the Violence Against Women Act ); (B) ensure that case workers and other agency personnel responsible for administering the State program funded under this part are adequately trained in— (i) the nature and dynamics of domestic violence, dating violence, sexual assault, or stalking (as so defined); (ii) State standards and procedures relating to the prevention of, and assistance for individuals who experience, domestic violence, dating violence, sexual assault, or stalking (as so defined); and (iii) methods of ascertaining and keeping confidential information about possible experiences of domestic violence, dating violence, sexual assault, or stalking (as so defined); (C) if a State has elected to establish and enforce standards and procedures regarding the screening for and identification of domestic violence pursuant to paragraph (7), ensure that— (i) applicants for assistance under the program and individuals inquiring about such assistance are adequately notified of options available under such standards and procedures; and (ii) case workers and other agency personnel responsible for administering the State program funded under this part are provided with adequate training regarding such standards and procedures and options available under such standards and procedures; and (D) ensure that the training required under subparagraphs (B) and, if applicable, (C)(ii) is provided through a training program operated by an eligible entity (as defined in section 401(d)(2) of the Security and Financial Empowerment Act ). . (d) Domestic violence, dating violence, sexual assault, or stalking training grant program (1) Grants authorized The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) is authorized to award— (A) a grant to a national victim services organization in order for such organization to— (i) develop and disseminate a model training program (and related materials) for the training required under section 303(a)(4)(B) of the Social Security Act , as added by subsection (b), and under subparagraphs (B) and, if applicable, (C)(ii) of section 402(a)(8) of such Act, as added by subsection (c); and (ii) provide technical assistance with respect to such model training program; and (B) grants to State, tribal, or local agencies in order for such agencies to contract with eligible entities to provide State, tribal, or local case workers and other State, tribal, or local agency personnel responsible for administering the temporary assistance to needy families program established under part A of title IV of the Social Security Act in a State or Indian reservation with the training required under subparagraphs (B) and, if applicable, (C)(ii) of such section 402(a)(8). (2) Eligible entity defined For purposes of paragraph (1)(B), the term eligible entity means an entity— (A) that is— (i) a State or tribal domestic violence coalition or sexual assault coalition; (ii) a State or local victim services organization with recognized expertise in the dynamics of domestic violence, dating violence, sexual assault, or stalking whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking, such as a rape crisis center or domestic violence program; or (iii) an organization with demonstrated expertise in State or county welfare laws and implementation of such laws and experience with disseminating information on such laws and implementation, but only if such organization will provide the required training in partnership with an entity described in clause (i) or (ii); and (B) that— (i) has demonstrated expertise in the dynamics of both domestic violence and sexual assault, such as a joint domestic violence and sexual assault coalition; or (ii) will provide the required training in partnership with an entity described in clause (i) or (ii) of subparagraph (A) in order to comply with the dual domestic violence and sexual assault expertise requirement under clause (i). (3) Application An entity seeking a grant under this subsection shall submit an application to the Secretary at such time, in such form and manner, and containing such information as the Secretary specifies. (4) Reports (A) Reports to Congress The Secretary shall annually submit a report to Congress on the grant program established under this subsection. (B) Reports available to public The Secretary shall establish procedures for the dissemination to the public of each report submitted under subparagraph (A). Such procedures shall include the use of the Internet to disseminate such reports. (5) Authorization of appropriations (A) Authorization There are authorized to be appropriated— (i) $1,000,000 for fiscal year 2014 to carry out the provisions of paragraph (1)(A); and (ii) $12,000,000 for each of fiscal years 2015 through 2018 to carry out the provisions of paragraph (1)(B). (B) Three-year availability of grant funds Each recipient of a grant under this subsection shall return to the Secretary any unused portion of such grant not later than 3 years after the date the grant was awarded, together with any earnings on such unused portion. (C) Amounts returned Any amounts returned pursuant to subparagraph (B) shall be available without further appropriation to the Secretary for the purpose of carrying out the provisions of paragraph (1)(B). (e) Effect on existing laws, etc (1) More protective laws, agreements, programs, and plans Nothing in this title shall be construed to supersede any provision of any Federal, State, or local law, collective bargaining agreement, or employment benefits program or plan that provides greater unemployment insurance benefits for victims of domestic violence, dating violence, sexual assault, or stalking than the rights established under this title. (2) Less protective laws, agreements, programs, and plans The rights established for victims of domestic violence, dating violence, sexual assault, or stalking under this title shall not be diminished by any more restrictive State or local law, collective bargaining agreement, or employment benefits program or plan. (f) Effective date (1) Unemployment amendments (A) In general Except as provided in subparagraph (B) and paragraph (2), the amendments made by this section shall apply in the case of compensation paid for weeks beginning on or after the expiration of 180 days from the date of enactment of this Act. (B) Extension of effective date for State law amendment (i) In general If the Secretary of Labor identifies a State as requiring a change to its statutes, regulations, or policies in order to comply with the amendments made by this section (excluding the amendment made by subsection (c)), such amendments shall apply in the case of compensation paid for weeks beginning after the earlier of— (I) the date the State changes its statutes, regulations, or policies in order to comply with such amendments; or (II) the end of the first session of the State legislature which begins after the date of enactment of this Act or which began prior to such date and remained in session for at least 25 calendar days after such date; except that in no case shall such amendments apply before the date that is 180 days after the date of enactment of this Act. (ii) Session defined In this subparagraph, the term session means a regular, special, budget, or other session of a State legislature. (2) TANF amendment (A) In general Except as provided in subparagraph (B), the amendment made by subsection (c) shall take effect on the date of enactment of this Act. (B) Extension of effective date for State law amendment In the case of a State plan under part A of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State action (including legislation, regulation, or other administrative action) in order for the plan to meet the additional requirements imposed by the amendment made by subsection (c), the State plan shall not be regarded as failing to comply with the requirements of such amendment on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. V Victims of abuse insurance protection 501. Short title This title may be cited as the Victims of Abuse Insurance Protection Act . 502. Definitions In this title, the following definitions apply: (1) Abuse The term abuse means the occurrence of one or more of the following acts by a current or former household or family member, intimate partner, or caretaker: (A) Attempting to cause or causing another person bodily injury, physical harm, substantial emotional distress, or psychological trauma. (B) Attempting to engage in or engaging in rape, sexual assault, or involuntary sexual intercourse. (C) Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority and under circumstances that place the person in reasonable fear of bodily injury or physical harm. (D) Subjecting another person to false imprisonment or kidnaping. (E) Attempting to cause or causing damage to property so as to intimidate or attempt to control the behavior of another person. (2) Health carrier The term health carrier means a person that contracts or offers to contract on a risk-assuming basis to provide, deliver, arrange for, pay for, or reimburse any of the cost of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services. (3) Insured The term insured means a party named on a policy, certificate, or health benefit plan, including an individual, corporation, partnership, association, unincorporated organization, or any similar entity, as the person with legal rights to the benefits provided by the policy, certificate, or health benefit plan. For group insurance, the term includes a person who is a beneficiary covered by a group policy, certificate, or health benefit plan. For life insurance, the term refers to the person whose life is covered under an insurance policy. (4) Insurer The term insurer means any person, reciprocal exchange, inter insurer, Lloyds insurer, fraternal benefit society, or other legal entity engaged in the business of insurance, including agents, brokers, adjusters, and third-party administrators. The term includes employers who provide or make available employment benefits through an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 102(3) ). The term also includes health carriers, health benefit plans, and life, disability, and property and casualty insurers. (5) Policy The term policy means a contract of insurance, certificate, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer, including endorsements or riders to an insurance policy or contract. (6) Subject of abuse The term subject of abuse means— (A) a person against whom an act of abuse has been directed; (B) a person who has prior or current injuries, illnesses, or disorders that resulted from abuse; or (C) a person who seeks, may have sought, or had reason to seek medical or psychological treatment for abuse, protection, court-ordered protection, or shelter from abuse. 503. Discriminatory acts prohibited (a) In general No insurer may, directly or indirectly, engage in any of the following acts or practices on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association, is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims: (1) Denying, refusing to issue, renew, or reissue, or canceling or otherwise terminating an insurance policy or health benefit plan. (2) Restricting, excluding, or limiting insurance coverage for losses or denying a claim, except as otherwise permitted or required by State laws relating to life insurance beneficiaries. (3) Adding a premium differential to any insurance policy or health benefit plan. (b) Prohibition on limitation of claims No insurer may, directly or indirectly, deny or limit payment to an insured who is a subject of abuse if the claim for payment is a result of the abuse. (c) Prohibition on termination (1) In general No insurer or health carrier may terminate health coverage for a subject of abuse because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the subject of abuse or the abuser’s coverage has terminated voluntarily or involuntarily and the subject of abuse does not qualify for an extension of coverage under part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ) or section 4980B of the Internal Revenue Code of 1986. (2) Payment of premiums Nothing in paragraph (1) shall be construed to prohibit the insurer from requiring that the subject of abuse pay the full premium for the subject’s coverage under the health plan if the requirements are applied to all insured of the health carrier. (3) Exception An insurer may terminate group coverage to which this subsection applies after the continuation coverage period required by this subsection has been in force for 18 months if it offers conversion to an equivalent individual plan. (4) Continuation coverage The continuation of health coverage required by this subsection shall be satisfied by any extension of coverage under part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. ) or section 4980B of the Internal Revenue Code of 1986 provided to a subject of abuse and is not intended to be in addition to any extension of coverage otherwise provided for under such part 6 or section 4980B. (d) Use of information (1) Limitation (A) In general In order to protect the safety and privacy of subjects of abuse, no person employed by or contracting with an insurer or health benefit plan may (without the consent of the subject)— (i) use, disclose, or transfer information relating to abuse status, acts of abuse, abuse-related medical conditions, or the applicant’s or insured’s status as a family member, employer, associate, or person in a relationship with a subject of abuse for any purpose unrelated to the direct provision of health care services unless such use, disclosure, or transfer is required by an order of an entity with authority to regulate insurance or an order of a court of competent jurisdiction; or (ii) disclose or transfer information relating to an applicant’s or insured’s mailing address or telephone number or the mailing address and telephone number of a shelter for subjects of abuse, unless such disclosure or transfer— (I) is required in order to provide insurance coverage; and (II) does not have the potential to endanger the safety of a subject of abuse. (B) Rule of construction Nothing in this paragraph may be construed to limit or preclude a subject of abuse from obtaining the subject’s own insurance records from an insurer. (2) Authority of subject of abuse A subject of abuse, at the absolute discretion of the subject of abuse, may provide evidence of abuse to an insurer for the limited purpose of facilitating treatment of an abuse-related condition or demonstrating that a condition is abuse-related. Nothing in this paragraph shall be construed as authorizing an insurer or health carrier to disregard such provided evidence. 504. Insurance protocols for subjects of abuse Insurers shall develop and adhere to written policies specifying procedures to be followed by employees, contractors, producers, agents, and brokers for the purpose of protecting the safety and privacy of a subject of abuse and otherwise implementing this title when taking an application, investigating a claim, or taking any other action relating to a policy or claim involving a subject of abuse. 505. Reasons for adverse actions An insurer that takes an action that adversely affects a subject of abuse, shall advise the applicant or insured who is the subject of abuse of the specific reasons for the action in writing. For purposes of this section, reference to general underwriting practices or guidelines shall not constitute a specific reason. 506. Life insurance Nothing in this title shall be construed to prohibit a life insurer from declining to issue a life insurance policy if the applicant or prospective owner of the policy is or would be designated as a beneficiary of the policy, and if— (1) the applicant or prospective owner of the policy lacks an insurable interest in the insured; or (2) the applicant or prospective owner of the policy is known, on the basis of police or court records, to have committed an act of abuse against the proposed insured. 507. Subrogation without consent prohibited Subrogation of claims resulting from abuse is prohibited without the informed consent of the subject of abuse. 508. Enforcement (a) Federal Trade Commission Any act or practice prohibited by this title shall be treated as an unfair and deceptive act or practice pursuant to section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) and the Federal Trade Commission shall enforce this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title, including issuing a cease and desist order granting any individual relief warranted under the circumstances, including temporary, preliminary, and permanent injunctive relief and compensatory damages. (b) Private cause of action (1) In general An applicant or insured who believes that the applicant or insured has been adversely affected by an act or practice of an insurer in violation of this title may maintain an action against the insurer in a Federal or State court of original jurisdiction. (2) Relief Upon proof of such conduct by a preponderance of the evidence in an action described in paragraph (1), the court may award appropriate relief, including temporary, preliminary, and permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual’s attorneys and expert witnesses. (3) Statutory damages With respect to compensatory damages in an action described in paragraph (1), the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $5,000 for each violation. 509. Effective date This title shall apply with respect to any action taken after the date of enactment of this Act. VI Severability 601. Severability If any provision of this Act, any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this Act, the amendments made by this Act, and the application of such provisions or amendments to any person or circumstance shall not be affected.

https://www.govinfo.gov/content/pkg/BILLS-113hr1229ih/xml/BILLS-113hr1229ih.xml

113-hr-1230

I 113th CONGRESS 1st Session H. R. 1230 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Schrader (for himself, Mr. DeFazio , Mr. Blumenauer , and Ms. Bonamici ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate segments of the Molalla River in the State of Oregon, as components of the National Wild and Scenic Rivers System, and for other purposes. 1. Short title This Act may be cited as the Molalla River Wild and Scenic Rivers Act . 2. Designation of wild and scenic river segments, Molalla River, Oregon Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (___) Molalla river, Oregon (A) In general The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river: (i) Molalla river The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7. (ii) Table Rock Fork Molalla River The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in the NE 1/4 sec. 4, T. 7 S., R. 4 E., downstream to the confluence with the Molalla River. (B) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials. . 3. Technical corrections Section 3(a)(102) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(102) ) is amended— (1) in the heading, by striking Squaw Creek and inserting Whychus Creek ; (2) in the matter preceding subparagraph (A), by striking McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and West Forks of Park Creek, and Park Creek Fork and inserting Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and West Forks of Park Creek, and Park Creek ; and (3) in subparagraph (B), by striking McAllister Ditch and inserting Plainview Ditch .

https://www.govinfo.gov/content/pkg/BILLS-113hr1230ih/xml/BILLS-113hr1230ih.xml

113-hr-1231

I 113th CONGRESS 1st Session H. R. 1231 IN THE HOUSE OF REPRESENTATIVES March 15, 2013 Mr. Schweikert introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide that the President shall submit to Congress a report detailing the priority of Federal spending if the statutory debt limit is reached, and for other purposes. 1. Short title This Act may be cited as the Transparency on Prioritizing Spending Act . 2. Priority of spending if the debt ceiling is reached Not later than 30 days after the date of enactment of this Act, the President shall submit to Congress a report listing, in descending order of prioritization, which obligations of the United States Government will be paid in the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit.

https://www.govinfo.gov/content/pkg/BILLS-113hr1231ih/xml/BILLS-113hr1231ih.xml

113-hr-1232

I 113th CONGRESS 1st Session H. R. 1232 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mr. Issa (for himself and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend titles 40, 41, and 44, United States Code, to eliminate duplication and waste in information technology acquisition and management. 1. Short title This Act may be cited as the Federal Information Technology Acquisition Reform Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Title I—Management of Information Technology within Federal Government Sec. 101. Increased authority of agency Chief Information Officers over information technology. Sec. 102. Lead coordination role of Chief Information Officers Council. Sec. 103. Reports by Government Accountability Office. Title II—Data Center Optimization Sec. 201. Purpose. Sec. 202. Definitions. Sec. 203. Federal Data Center Optimization Initiative. Sec. 204. Performance requirements related to data center consolidation. Sec. 205. Cost savings related to data center optimization. Sec. 206. Reporting requirements to Congress and the Federal Chief Information Officer. Title III—Elimination of Duplication and Waste in Information Technology Acquisition Sec. 301. Inventory of information technology assets. Sec. 302. Website consolidation and transparency. Sec. 303. Transition to the cloud. Sec. 304. Elimination of unnecessary duplication of contracts by requiring business case analysis. Title IV—Strengthening and Streamlining Information Technology Acquisition Management Practices Subtitle A—Strengthening and Streamlining IT Program Management Practices Sec. 401. Establishment of Federal Infrastructure and Common Application Collaboration Center. Sec. 402. Designation of Assisted Acquisition Centers of Excellence. Subtitle B—Strengthening IT Acquisition Workforce Sec. 411. Expansion of training and use of information technology acquisition cadres. Sec. 412. Plan on strengthening program and project management performance. Sec. 413. Personnel awards for excellence in the acquisition of information systems and information technology. Title V—Additional Reforms Sec. 501. Maximizing the benefit of the Federal Strategic Sourcing Initiative. Sec. 502. Promoting transparency of blanket purchase agreements. Sec. 503. Additional source selection technique in solicitations. Sec. 504. Enhanced transparency in information technology investments. Sec. 505. Enhanced communication between Government and industry. Sec. 506. Clarification of current law with respect to open source software. 3. Definitions In this Act: (1) Chief Acquisition Officers Council The term Chief Acquisition Officers Council means the Chief Acquisition Officers Council established by section 1311(a) of title 41, United States Code. (2) Chief Information Officer The term Chief Information Officer means a Chief Information Officer (as designated under section 3506(a)(2) of title 44, United States Code) of an agency listed in section 901(b) of title 31, United States Code. (3) Chief Information Officers Council The term Chief Information Officers Council or CIO Council means the Chief Information Officers Council established by section 3603(a) of title 44, United States Code. (4) Director The term Director means the Director of the Office of Management and Budget. (5) Federal agency The term Federal agency means each agency listed in section 901(b) of title 31, United States Code. (6) Information technology or IT The term information technology or IT has the meaning provided in section 11101(6) of title 40, United States Code. (7) Relevant congressional committees The term relevant congressional committees means each of the following: (A) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate. I Management of Information Technology within Federal Government 101. Increased authority of agency Chief Information Officers over information technology (a) Presidential appointment of CIOs of certain agencies (1) In general Section 11315 of title 40, United States Code, is amended— (A) by redesignating subsection (a) as subsection (e) and moving such subsection to the end of the section; and (B) by inserting before subsection (b) the following new subsection (a): (a) Presidential appointment or designation of certain Chief Information Officers (1) In general There shall be within each agency listed in section 901(b)(1) of title 31, other than the Department of Defense, an agency Chief Information Officer. Each agency Chief Information Officer shall— (A) (i) be appointed by the President; or (ii) be designated by the President, in consultation with the head of the agency; and (B) be appointed or designated, as applicable, from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in, information technology management practices in large governmental or business entities. (2) Responsibilities An agency Chief Information Officer appointed or designated under this section shall report directly to the head of the agency and carry out responsibilities as set forth in this section and in section 3506(a) of title 44 for Chief Information Officers designated under paragraph (2) of such section. . (2) Conforming amendment Section 3506(a)(2)(A) of title 44, United States Code, is amended by inserting after each agency the following: , other than an agency with a Presidentially appointed or designated Chief Information Officer as provided in section 11315(a)(1) of title 40, . (b) Authority relating to budget and personnel Section 11315 of title 40, United States Code, is further amended by inserting after subsection (c) the following new subsection: (d) Additional authorities for certain CIOs (1) Budget-related authority (A) Planning The head of each agency listed in section 901(b)(1) or 901(b)(2) of title 31, other than the Department of Defense, shall ensure that the Chief Information Officer of the agency has the authority to participate and provide input in the budget planning process related to information technology or programs that include significant information technology components. (B) Allocation Amounts appropriated for any agency listed in section 901(b)(1) or 901(b)(2) of title 31, other than the Department of Defense, for any fiscal year that are available for information technology shall be allocated within the agency, consistent with the provisions of appropriations Acts and budget guidelines and recommendations from the Director of the Office of Management and Budget, in such manner as may be specified by, or approved by, the Chief Information Officer of the agency. (2) Personnel-related authority The head of each agency listed in section 901(b)(1) or 901(b)(2) of title 31, other than the Department of Defense, shall ensure that the Chief Information Officer of the agency has the authority necessary to approve the hiring of personnel who will have information technology responsibilities within the agency and to require that such personnel have the obligation to report to the Chief Information Officer in a manner considered sufficient by the Chief Information Officer. . (c) Requirement To seek advice from chief information officer on designation or appointment of other chief information officers (1) Requirement Section 3506(a)(3) of title 44, United States Code, is amended— (A) by inserting (A) after (3) ; and (B) by adding at the end the following new subparagraph: (B) Each agency shall have only one individual with the title and designation of Chief Information Officer . Any bureau, office, or subordinate organization within the agency may designate one individual with the title Deputy Chief Information Officer , Associate Chief Information Officer , or Assistant Chief Information Officer . The head of the agency shall seek the advice of the Chief Information Officer of the agency in designating or appointing any deputy, associate, or assistant chief information officer within the agency. . (2) Effective date Section 3506(a)(3)(B) of title 44, United States Code, as added by paragraph (1), shall take effect as of October 1, 2014. Any individual serving in a position affected by such section before such date may continue in that position if the requirements of such section are fulfilled with respect to that individual. 102. Lead coordination role of Chief Information Officers Council (a) Lead coordination role Subsection (d) of section 3603 of title 44, United States Code, is amended to read as follows: (d) Lead interagency forum (1) In general The Council is designated the lead interagency forum for improving agency coordination of practices related to the design, development, modernization, use, operation, sharing, performance, and review of Federal Government information resources investment. As the lead interagency forum, the Council shall develop cross-agency portfolio management practices to allow and encourage the development of cross-agency shared services and shared platforms. The Council shall also issue standards and practices for infrastructure and common information technology applications, including expansion of the Federal Enterprise Architecture process if appropriate. The standards and practices may address broader transparency, common inputs, common outputs, and outcomes achieved. The standards and practices shall be used as a basis for comparing performance across diverse missions and operations in various agencies. (2) Report Not later than December 1 in each of the 6 years following the date of the enactment of this paragraph, the Council shall submit to the relevant congressional committees a report (to be known as the CIO Council Report ) summarizing the Council’s activities in the preceding fiscal year and containing such recommendations for further congressional action to fulfill its mission as the Council considers appropriate. (3) Relevant congressional committees For purposes of the report required by paragraph (2), the relevant congressional committees are each of the following: (A) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate. . (b) Additional function Subsection (f) of section 3603 of such title is amended by adding at the end the following new paragraph: (8) Direct the Federal Infrastructure and Common Application Collaboration Center established under section 11501 of title 40. . 103. Reports by Government Accountability Office (a) Requirement To examine effectiveness The Comptroller General of the United States shall examine the effectiveness of the Chief Information Officers Council in meeting its responsibilities under section 3603(d) of title 44, United States Code, as added by section 102, with particular focus on— (1) whether agencies are actively participating in the Council and heeding the Council’s advice and guidance; and (2) whether the Council is actively using and developing the capabilities of the Federal Infrastructure and Common Application Collaboration Center created under section 11501 of title 40, United States Code, as added by section 401. (b) Reports Not later than 1 year, 3 years, and 5 years after the date of the enactment of this Act, the Comptroller General shall submit to the relevant congressional committees a report containing the findings and recommendations of the Comptroller General from the examination required by subsection (a). II Data Center Optimization 201. Purpose The purpose of this title is to optimize Federal data center usage and efficiency. 202. Definitions In this title: (1) Federal Data Center Optimization Initiative The term Federal Data Center Optimization Initiative or the Initiative means the initiative developed and implemented by the Director, through the Federal Chief Information Officer, as required under section 203. (2) Covered agency The term covered agency means any agency included in the Federal Data Center Optimization Initiative. (3) Federal Chief Information Officer The term Federal Chief Information Officer means the Administrator of the Office of Electronic Government established under section 3602 of title 44, United States Code. (4) Data Center The term data center means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Federal Chief Information Officer under guidance issued pursuant to this section. (5) Federal Data Center The term Federal data center means any data center of a covered agency used or operated by a covered agency, by a contractor of a covered agency, or by another organization on behalf of a covered agency. (6) Server Utilization The term server utilization refers to the activity level of a server relative to its maximum activity level, expressed as a percentage. (7) Power usage effectiveness The term power usage effectiveness means the ratio obtained by dividing the total amount of electricity and other power consumed in running a data center by the power consumed by the information and communications technology in the data center. 203. Federal Data Center Optimization Initiative (a) Requirement for initiative The Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and implement an initiative, to be known as the Federal Data Center Optimization Initiative, to optimize the usage and efficiency of Federal data centers by meeting the requirements of this Act and taking additional measures, as appropriate. (b) Requirement for plan Within 6 months after the date of the enactment of this Act, the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and submit to Congress a plan for implementation of the Initiative required by subsection (a) by each covered agency. In developing the plan, the Federal Chief Information Officer shall take into account the findings and recommendations of the Comptroller General review required by section 205(e). (c) Matters covered The plan shall include— (1) descriptions of how covered agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multiorganizational use, and other appropriate methods to meet the requirements of the initiative; and (2) appropriate consideration of shifting Federally owned data centers to commercially owned data centers. 204. Performance requirements related to data center consolidation (a) Server utilization Each covered agency may use the following methods to achieve the maximum server utilization possible as determined by the Federal Chief Information Officer: (1) The closing of existing data centers that lack adequate server utilization, as determined by the Federal Chief Information Officer. If the agency fails to close such data centers, the agency shall provide a detailed explanation as to why this data center should remain in use as part of the submitted plan. The Federal Chief Information Officer shall include an assessment of the agency explanation in the annual report to Congress. (2) The consolidation of services within existing data centers to increase server utilization rates. (3) Any other method that the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, determines necessary to optimize server utilization. (b) Power usage effectiveness Each covered agency may use the following methods to achieve the maximum energy efficiency possible as determined by the Federal Chief Information Officer: (1) The use of the measurement of power usage effectiveness to calculate data center energy efficiency. (2) The use of power meters in data centers to frequently measure power consumption over time. (3) The establishment of power usage effectiveness goals for each data center. (4) The adoption of best practices for managing— (A) temperature and airflow in data centers; and (B) power supply efficiency. (5) The implementation of any other method that the Federal Chief Information Officer, in consultation with the Chief Information Officers of covered agencies, determines necessary to optimize data center energy efficiency. 205. Cost savings related to data center optimization (a) Requirement To track costs Each covered agency shall track costs resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those costs annually to the Federal Chief Information Officer. Covered agencies shall determine the net costs from data consolidation on an annual basis. (1) Factors In calculating net costs each year under subsection (a), a covered agency shall use the following factors: (A) Energy costs. (B) Personnel costs. (C) Real estate costs. (D) Capital expense costs. (E) Operating system, database, and other software license expense costs. (F) Other appropriate costs, as determined by the agency in consultation with the Federal Chief Information Officer. (b) Requirement To track savings Each covered agency shall track savings resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those savings annually to the Federal Chief Information Officer. Covered agencies shall determine the net savings from data consolidation on an annual basis. (1) Factors In calculating net savings each year under subsection (b), a covered agency shall use the following factors: (A) Energy savings. (B) Personnel savings. (C) Real estate savings. (D) Capital expense savings. (E) Operating system, database, and other software license expense savings. (F) Other appropriate savings, as determined by the agency in consultation with the Federal Chief Information Officer. (c) Requirement To use cost-Effective measures Covered agencies shall use the most cost-effective measures to implement the Federal Data Center Optimization Initiative. (d) Use of savings Any savings resulting from implementation of the Federal Data Center Optimization Initiative within a covered agency shall be used for the following purposes: (1) To offset the costs of implementing the Initiative within the agency. (2) To further enhance information technology capabilities and services within the agency. (e) Government accountability office review Not later than 3 months after the date of the enactment of this Act, the Comptroller General of the United States shall examine methods for calculating savings from the Initiative and using them for the purposes identified in subsection (d), including establishment and use of a special revolving fund that supports data centers and server optimization, and shall submit to the Federal Chief Information Officer and Congress a report on the Comptroller General’s findings and recommendations. 206. Reporting requirements to Congress and the Federal Chief Information Officer (a) Agency Requirement To report to CIO Each year, each covered agency shall submit to the Federal Chief Information Officer a report on the implementation of the Federal Data Center Optimization Initiative, including savings resulting from such implementation. The report shall include an update of the agency’s plan for implementing the Initiative. (b) Federal Chief Information Officer requirement To report to Congress Each year, the Federal Chief Information Officer shall submit to the relevant congressional committees a report that assesses agency progress in carrying out the Federal Data Center Optimization Initiative and updates the plan under section 203. The report may be included as part of the annual report required under section 3606 of title 44, United States Code. III Elimination of Duplication and Waste in Information Technology Acquisition 301. Inventory of information technology assets (a) Plan The Director shall develop a plan for conducting a Governmentwide inventory of information technology assets. (b) Matters covered The plan required by subsection (a) shall cover the following: (1) The manner in which Federal agencies can achieve the greatest possible economies of scale and cost savings in the procurement of information technology assets, through measures such as reducing hardware or software products or services that are duplicative or overlapping and reducing the procurement of new software licenses until such time as agency needs exceed the number of existing and unused licenses. (2) The capability to conduct ongoing Governmentwide inventories of all existing software licenses on an application-by-application basis, including duplicative, unused, overused, and underused licenses, and to assess the need of agencies for software licenses. (3) A Governmentwide spending analysis to provide knowledge about how much is being spent for software products or services to support decisions for strategic sourcing under the Federal strategic sourcing program managed by the Office of Federal Procurement Policy. (c) Other inventories In developing the plan required by subsection (a), the Director shall review the inventory of information systems maintained by each agency under section 3505(c) of title 44, United States Code, and the inventory of information resources maintained by each agency under section 3506(b)(4) of such title. (d) Availability The inventory of information technology assets shall be available to Chief Information Officers and such other Federal officials as the Chief Information Officers may, in consultation with the Chief Information Officers Council, designate. (e) Deadline and submission to Congress Not later than 180 days after the date of the enactment of this Act, the Director shall complete and submit to Congress the plan required by subsection (a). (f) Implementation Not later than two years after the date of the enactment of this Act, the Director shall complete implementation of the plan required by subsection (a). (g) Review by Comptroller General Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall review the plan required by subsection (a) and submit to the relevant congressional committees a report on the review. 302. Website consolidation and transparency (a) Website consolidation The Director shall— (1) in consultation with Federal agencies, and after reviewing the directory of public Federal Government websites of each agency (as required to be established and updated under section 207(f)(3) of the E-Government Act of 2002 ( Public Law 107–347 ; 44 U.S.C. 3501 note)), assess all the publicly available websites of Federal agencies to determine whether there are duplicative or overlapping websites; and (2) require Federal agencies to eliminate or consolidate those websites that are duplicative or overlapping. (b) Website transparency The Director shall issue guidance to Federal agencies to ensure that the data on publicly available websites of the agencies are open and accessible to the public. (c) Matters covered In preparing the guidance required by subsection (b), the Director shall— (1) develop guidelines, standards, and best practices for interoperability and transparency; (2) identify interfaces that provide for shared, open solutions on the publicly available websites of the agencies; and (3) ensure that Federal agency Internet home pages, web-based forms, and web-based applications are accessible to individuals with disabilities in conformance with section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ). (d) Deadline for guidance The guidance required by subsection (b) shall be issued not later than 180 days after the date of the enactment of this Act. 303. Transition to the cloud (a) Sense of Congress It is the sense of Congress that transition to cloud computing offers significant potential benefits for the implementation of Federal information technology projects in terms of flexibility, cost, and operational benefits. (b) Governmentwide application In assessing cloud computing opportunities, the Chief Information Officers Council shall define policies and guidelines for the adoption of Governmentwide programs providing for a standardized approach to security assessment and operational authorization for cloud products and services. (c) Additional budget authorities for transition In transitioning to the cloud, a Chief Information Officer of an agency listed in section 901(b) of title 31, United States Code, may establish such cloud service Working Capital Funds as may be necessary to transition to cloud-based solutions. These cloud service Working Capital Funds may preserve funding for cloud service transitions for a period not to exceed 5 years per appropriation. 304. Elimination of unnecessary duplication of contracts by requiring business case analysis (a) Purpose The purpose of this section is to leverage the Government’s buying power and achieve administrative efficiencies and cost savings by eliminating unnecessary duplication of contracts. (b) Requirement for business case approval (1) In general Effective on and after 180 days after the date of the enactment of this Act, an executive agency may not issue a solicitation for a covered contract vehicle unless the agency performs a business case analysis for the contract vehicle and obtains an approval of the business case analysis from the Administrator for Federal Procurement Policy. (2) Review of business case analysis (A) In general With respect to any covered contract vehicle, the Administrator for Federal Procurement Policy shall review the business case analysis submitted for the contract vehicle and provide an approval or disapproval within 100 days after the date of submission. Any business case analysis not disapproved within such 100-day period is deemed to be approved. (B) Basis for approval of business case The Administrator for Federal Procurement Policy shall approve or disapprove a business case analysis based on the adequacy of the analysis submitted. The Administrator shall give primary consideration to whether an agency has demonstrated a compelling need that cannot be satisfied by existing Governmentwide contract vehicles in a timely and cost-effective manner. (3) Content of business case analysis The Administrator for Federal Procurement Policy shall issue guidance specifying the content for a business case analysis submitted pursuant to this section. At a minimum, the business case analysis shall include details on the administrative resources needed for such contract vehicle, including an analysis of all direct and indirect costs to the Federal Government of awarding and administering such contract vehicle and the impact such contract vehicle will have on the ability of the Federal Government to leverage its purchasing power. (c) Definitions (1) Covered contract vehicle The term covered contract vehicle has the meaning provided by the Administrator for Federal Procurement Policy in guidance issued pursuant to this section and includes, at a minimum, any Governmentwide contract vehicle , whether for acquisition of information technology or other goods or services, in an amount greater than $50,000,000 (or $10,000,000, determined on an average annual basis, in the case of such a contract vehicle performed over more than one year). The term does not include a multiple award schedule contract awarded by the General Services Administration, a Governmentwide acquisition contract for information technology awarded pursuant to sections 11302(e) and 11314(a)(2) of title 40, United States Code, or orders against existing Governmentwide contract vehicles. (2) Governmentwide contract vehicle and executive agency The terms Governmentwide contract vehicle and executive agency have the meanings provided in section 11501 of title 40, United States Code, as added by section 401. (d) Report Not later than June 1 in each of the next 6 years following the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall submit to the relevant congressional committees a report on the implementation of this section, including a summary of the submissions, reviews, approvals, and disapprovals of business case analyses pursuant to this section. (e) Guidance The Administrator for Federal Procurement Policy shall issue guidance for implementing this section. (f) Revision of FAR Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to implement this section. IV Strengthening and Streamlining Information Technology Acquisition Management Practices A Strengthening and Streamlining IT Program Management Practices 401. Establishment of Federal Infrastructure and Common Application Collaboration Center (a) Establishment (1) In general Chapter 115 of title 40, United States Code, is amended to read as follows: 115 Information Technology Acquisition Management Practices Sec. 11501. Federal Infrastructure and Common Application Collaboration Center. 11501. Federal Infrastructure and Common Application Collaboration Center (a) Establishment and Purposes The Director of the Office of Management and Budget shall establish a Federal Infrastructure and Common Application Collaboration Center (hereafter in this section referred to as the Collaboration Center ) within the Office of Management and Budget in accordance with this section. The purposes of the Collaboration Center are to serve as a focal point for coordinated program management practices and to develop and maintain requirements for the acquisition of IT infrastructure and common applications commonly used by various Federal agencies. (b) Organization of Center (1) Membership The Center shall consist of the following members: (A) An appropriate number, as determined by the CIO Council, but not less than 12, full-time program managers or cost specialists, all of whom have appropriate experience in the private or Government sector in managing or overseeing acquisitions of IT infrastructure and common applications. (B) At least 1 full-time detailee from each of the Federal agencies listed in section 901(b) of title 31, nominated by the respective agency chief information officer for a detail period of not less than 2 years. (2) Working groups The Collaboration Center shall have working groups that specialize in IT infrastructure and common applications identified by the CIO Council. Each working group shall be headed by a separate dedicated program manager appointed by the CIO Council. (c) Capabilities and functions of the collaboration center For each of the IT infrastructure and common application areas identified by the CIO Council, the Collaboration Center shall perform the following roles, and any other functions as directed by the CIO Council: (1) Develop, maintain, and disseminate requirements suitable to establish contracts that will meet the common and general needs of various Federal agencies as determined by the Center. In doing so, the Center shall give maximum consideration to the adoption of commercial standards and industry acquisition best practices, including opportunities for shared services, consideration of total cost of ownership, preference for industry-neutral functional specifications leveraging open industry standards and competition, use of open source software, and use of long-term contracts, as appropriate. (2) Develop, maintain, and disseminate reliable cost estimates that are accurate, comprehensive, well-documented, and credible. (3) Lead the review of significant or troubled IT investments or acquisitions as identified by the CIO Council. (4) Provide expert aid to troubled IT investments or acquisitions. (d) Guidance The Director, in consultation with the Chief Information Officers Council, shall issue guidance addressing the scope and operation of the Collaboration Center. The guidance shall require that the Collaboration Center report to the Federal Chief Information Officer or his delegate. (e) Report to congress The Director shall annually submit to the relevant congressional committees a report detailing the organization, staff, and activities of the Collaboration Center, including a list of IT infrastructure and common applications the Center assisted and an assessment of the Center's achievement in promoting efficiency, shared services, and elimination of unnecessary Government requirements that are contrary to commercial best practices. (f) Improvement of the DOD enterprise software initiative and GSA smartbuy program (1) In general The Collaboration Center, in collaboration with the Office of Federal Procurement Policy, the Department of Defense, and the General Services Administration, shall identify and develop a strategic sourcing initiative to enhance Governmentwide acquisition, shared use, and dissemination of software, as well as compliance with end user license agreements. (2) Examination of methods In developing the strategic sourcing initiative, the Collaboration Center shall examine the use of realistic and effective demand aggregation models supported by actual agency commitment to use the models, and supplier relationship management practices, to more effectively govern the Government’s acquisition of information technology. (3) Governmentwide user license agreement The Collaboration Center, in coordination with the Department of Defense and the General Services Administration, shall issue guidelines for establishing a Governmentwide contract vehicle that allows for the purchase of a license agreement that is available for use by all executive agencies as one user. To the maximum extent practicable, in establishing the Governmentwide contract vehicle, the Collaboration Center shall pursue direct negotiation and contracting with major software publishers as prime contractors. (g) Guidelines for acquisition of IT infrastructure and common applications (1) Guidelines The Collaboration Center shall establish guidelines that, to the maximum extent possible, eliminate inconsistent practices among executive agencies and ensure uniformity and consistency in acquisition processes for IT infrastructure and common applications across the Federal Government. (2) Central website In preparing the guidelines, the Collaboration Center, in consultation with the Chief Acquisition Officers Council, shall offer executive agencies the option of accessing a central website for best practices, templates, and other relevant information. (h) Pricing transparency The Collaboration Center, in collaboration with the Office of Federal Procurement Policy, the Chief Acquisition Officers Council, the General Services Administration, and the Assisted Acquisition Centers of Excellence, shall compile a price list and catalogue containing current pricing information by vendor for each of its IT infrastructure and common applications categories. The price catalogue shall contain any price provided by a vendor for the same or similar good or service to any executive agency. The catalogue shall be developed in a fashion ensuring that it may be used for pricing comparisons and pricing analysis using standard data formats. The price catalogue shall not be made public, but shall be accessible to executive agencies. (i) Federal IT acquisition management improvement fund (1) Establishment and management of fund There is a Federal IT Acquisition Management Improvement Fund (in this subsection referred to as the Fund ). The Administrator of General Services shall manage the Fund through the Collaboration Center to support the activities of the Collaboration Center carried out pursuant to this section. The Administrator of General Services shall consult with the Director in managing the Fund. (2) Credits to Fund Five percent of the fees collected by executive agencies under the following contracts shall be credited to the Fund: (A) Governmentwide task and delivery order contracts entered into under sections 4103 and 4105 of title 41. (B) Governmentwide contracts for the acquisition of information technology and multiagency acquisition contracts for that technology authorized by section 11314 of this title. (C) Multiple-award schedule contracts entered into by the Administrator of General Services. (3) Remittance by head of executive agency The head of an executive agency that administers a contract described in paragraph (2) shall remit to the General Services Administration the amount required to be credited to the Fund with respect to the contract at the end of each quarter of the fiscal year. (4) Amounts not to be used for other purposes The Administrator of General Services, through the Office of Management and Budget, shall ensure that amounts collected under this subsection are not used for a purpose other than the activities of the Collaboration Center carried out pursuant to this section. (5) Availability of amounts Amounts credited to the Fund remain available to be expended only in the fiscal year for which they are credited and the 4 succeeding fiscal years. (j) Definitions In this section: (1) Executive agency The term executive agency has the meaning provided that term by section 105 of title 5. (2) Governmentwide contract vehicle The term Governmentwide contract vehicle means any contract, blanket purchase agreement, or other contractual instrument that allows for an indefinite number of orders to be placed within the contract, agreement, or instrument, and that is established by one executive agency for use by multiple executive agencies to obtain supplies and services. (3) Relevant congressional committees The term relevant congressional committees means each of the following: (A) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate. (k) Revision of FAR The Federal Acquisition Regulation shall be amended to implement this section. . (2) Clerical amendment The item relating to chapter 115 in the table of chapters at the beginning of subtitle III of title 40, United States Code, is amended to read as follows: 115. Information Technology Acquisition Management Practices 11501 . (b) Deadlines (1) Not later than 180 days after the date of the enactment of this Act, the Director shall issue guidance under section 11501(d) of title 40, United States Code, as added by subsection (a). (2) Not later than 1 year after the date of the enactment of this Act, the Director shall establish the Federal Infrastructure and Common Application Collaboration Center, in accordance with section 11501(a) of such title, as so added. (3) Not later than 2 years after the date of the enactment of this Act, the Federal Infrastructure and Common Application Collaboration Center shall— (A) identify and develop a strategic sourcing initiative in accordance with section 11501(f) of such title, as so added; and (B) establish guidelines in accordance with section 11501(g) of such title, as so added. 402. Designation of Assisted Acquisition Centers of Excellence (a) Designation Chapter 115 of title 40, United States Code, as amended by section 401, is further amended by adding at the end the following new section: 11502. Assisted Acquisition Centers of Excellence (a) Purpose The purpose of this section is to develop specialized assisted acquisition centers of excellence within the Federal Government to promote— (1) the effective use of best acquisition practices; (2) the development of specialized expertise in the acquisition of information technology; and (3) Governmentwide sharing of acquisition capability to augment any shortage in the information technology acquisition workforce. (b) Designation of AACEs Not later than 1 year after the date of the enactment of this section, and every 3 years thereafter, the Director of the Office of Management and Budget, in consultation with the Chief Acquisition Officers Council and the Chief Information Officers Council, shall designate, redesignate, or withdraw the designation of acquisition centers of excellence within various executive agencies to carry out the functions set forth in subsection (c) in an area of specialized acquisition expertise as determined by the Director. Each such center of excellence shall be known as an Assisted Acquisition Center of Excellence or an AACE . (c) Functions The functions of each AACE are as follows: (1) Best practices To promote, develop, and implement the use of best acquisition practices in the area of specialized acquisition expertise that the AACE is designated to carry out by the Director under subsection (b). (2) Assisted acquisitions To assist all Government agencies in the expedient and low-cost acquisition of the information technology goods or services covered by such area of specialized acquisition expertise by engaging in repeated and frequent acquisition of similar information technology requirements. (3) Development and training of IT acquisition workforce To assist in recruiting and training IT acquisition cadres (referred to in section 1704(j) of title 41). (d) Criteria In designating, redesignating, or withdrawing the designation of an AACE, the Director shall consider, at a minimum, the following matters: (1) The subject matter expertise of the host agency in a specific area of information technology acquisition. (2) For acquisitions of IT infrastructure and common applications covered by the Federal Infrastructure and Common Application Collaboration Center established under section 11501 of this title, the ability and willingness to collaborate with the Collaboration Center and adhere to the requirements standards established by the Collaboration Center. (3) The ability of an AACE to develop customized requirements documents that meet the needs of executive agencies as well as the current industry standards and commercial best practices. (4) The ability of an AACE to consistently award and manage various contracts, task or delivery orders, and other acquisition arrangements in a timely, cost-effective, and compliant manner. (5) The ability of an AACE to aggregate demands from multiple executive agencies for similar information technology goods or services and fulfill those demands in one acquisition. (6) The ability of an AACE to acquire innovative or emerging commercial and noncommercial technologies using various contracting methods, including ways to lower the entry barriers for small businesses with limited Government contracting experiences. (7) The ability of an AACE to maximize commercial item acquisition, effectively manage high-risk contract types, increase competition, promote small business participation, and maximize use of available Governmentwide contract vehicles. (8) The existence of an in-house cost estimating group with expertise to consistently develop reliable cost estimates that are accurate, comprehensive, well-documented, and credible. (9) The ability of an AACE to employ best practices and educate requesting agencies, to the maximum extent practicable, regarding critical factors underlying successful major IT acquisitions, including the following factors: (A) Active engagement by program officials with stakeholders. (B) Possession by program staff of the necessary knowledge and skills. (C) Support of the programs by senior department and agency executives. (D) Involvement by end users and stakeholders in the development of requirements. (E) Participation by end users in testing of system functionality prior to formal end user acceptance testing. (F) Stability and consistency of Government and contractor staff. (G) Prioritization of requirements by program staff. (H) Maintenance of regular communication with the prime contractor by program officials. (I) Receipt of sufficient funding by programs. (10) The ability of an AACE to run an effective acquisition intern program in collaboration with the Federal Acquisition Institute or the Defense Acquisition University. (11) The ability of an AACE to effectively and properly manage fees received for assisted acquisitions pursuant to this section. (e) Funds received by AACEs (1) Availability Notwithstanding any other provision of law or regulation, funds obligated and transferred from an executive agency in a fiscal year to an AACE for the acquisition of goods or services covered by an area of specialized acquisition expertise of an AACE, regardless of whether the requirements are severable or non-severable, shall remain available for awards of contracts by the AACE for the same general requirements for the next 5 fiscal years following the fiscal year in which the funds were transferred. (2) Additional transfer authority If the AACE to which the funds are transferred under paragraph (1) becomes unable to fulfill the requirements of the executive agency from which the funds were transferred, the funds may be transferred to a different AACE to fulfill such requirements. The funds so transferred shall be used for the same purpose and remain available for the same period of time as applied when transferred to the original AACE. (3) Relationship to existing authorities This subsection does not limit any existing authorities an AACE may have under its revolving or working capital funds authorities. (f) Government Accountability Office review of AACE (1) Review The Comptroller General of the United States shall review and assess the use and management of fees received by the AACEs pursuant to this section to ensure that an appropriate fee structure is established and enforced to cover activities addressed in this section and that no excess fees are charged or retained. (2) Reports Not later than 1 year after the designation or redesignation of AACES under subsection (b), the Comptroller General shall submit to the relevant congressional committees a report containing the findings and assessment under paragraph (1). (g) Definitions In this section: (1) Assisted acquisition The term assisted acquisition means a type of interagency acquisition in which the parties enter into an interagency agreement pursuant to which— (A) the servicing agency performs acquisition activities on the requesting agency’s behalf, such as awarding, administering, or closing out a contract, task order, delivery order, or blanket purchase agreement; and (B) funding is provided through a franchise fund, the Acquisition Services Fund in section 321 of this title, sections 1535 and 1536 of title 31, or other available methods. (2) Executive agency The term executive agency has the meaning provided that term by section 133 of title 41. (3) Relevant congressional committees The term relevant congressional committees has the meaning provided that term by section 11501 of this title. (h) Revision of FAR The Federal Acquisition Regulation shall be amended to implement this section. . (b) Clerical amendment The table of sections at the beginning of chapter 115 of title 40, United States Code, as amended by section 401, is further amended by adding at the end the following new item: 11502. Assisted Acquisition Centers of Excellence. . B Strengthening IT Acquisition Workforce 411. Expansion of training and use of information technology acquisition cadres (a) Purpose The purpose of this section is to ensure timely progress by Federal agencies toward developing, strengthening, and deploying personnel with highly specialized skills in information technology acquisition, including program and project managers, to be known as information technology acquisition cadres. (b) Report to Congress Section 1704 of title 41, United States Code, is amended by adding at the end the following new subsection: (j) Strategic plan on information technology acquisition cadres (1) Five-year strategic plan to Congress Not later than June 1 following the date of the enactment of this subsection, the Director shall submit to the relevant congressional committees a 5-year strategic plan (to be known as the IT Acquisition Cadres Strategic Plan ) to develop, strengthen, and solidify information technology acquisition cadres. The plan shall include a timeline for implementation of the plan and identification of individuals responsible for specific elements of the plan during the 5-year period covered by the plan. (2) Matters covered The plan shall address, at a minimum, the following matters: (A) Current information technology acquisition staffing challenges in Federal agencies, by previous year’s information technology acquisition value, and by the Federal Government as a whole. (B) The variety and complexity of information technology acquisitions conducted by each Federal agency covered by the plan, and the specialized information technology acquisition workforce needed to effectively carry out such acquisitions. (C) The development of a sustainable funding model to support efforts to hire, retain, and train an information technology acquisition cadre of appropriate size and skill to effectively carry out the acquisition programs of the Federal agencies covered by the plan, including an examination of interagency funding methods and a discussion of how the model of the Defense Acquisition Workforce Development Fund could be applied to civilian agencies. (D) Any strategic human capital planning necessary to hire, retain, and train an information acquisition cadre of appropriate size and skill at each Federal agency covered by the plan. (E) Governmentwide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal information technology acquisition cadre within the Federal agencies covered by the plan. (F) New and innovative approaches to workforce development and training, including cross-functional training, rotational development, and assignments both within and outside the Government. (G) Appropriate consideration and alignment with the needs and priorities of the Infrastructure and Common Application Collaboration Center, Assisted Acquisition Centers of Excellence, and acquisition intern programs. (H) Assessment of the current workforce competency and usage trends in evaluation technique to obtain best value, including proper handling of tradeoffs between price and nonprice factors. (I) Assessment of the current workforce competency in designing and aligning performance goals, life cycle costs, and contract incentives. (J) Assessment of the current workforce competency in avoiding brand-name preference and using industry-neutral functional specifications to leverage open industry standards and competition. (K) Use of integrated program teams, including fully dedicated program managers, for each complex information technology investment. (L) Proper assignment of recognition or accountability to the members of an integrated program team for both individual functional goals and overall program success or failure. (M) The development of a technology fellows program that includes provisions for recruiting, for rotation of assignments, and for partnering directly with universities with well-recognized information technology programs. (N) The capability to properly manage other transaction authority (where such authority is granted), including ensuring that the use of the authority is warranted due to unique technical challenges, rapid adoption of innovative or emerging commercial or noncommercial technologies, or other circumstances that cannot readily be satisfied using a contract, grant, or cooperative agreement in accordance with applicable law and the Federal Acquisition Regulation. (O) Any other matters the Director considers appropriate. (3) Annual report Not later than June 1 in each of the 5 years following the year of submission of the plan required by paragraph (1), the Director shall submit to the relevant congressional committees an annual report outlining the progress made pursuant to the plan. (4) Government accountability office review of the plan and annual report (A) Not later than 1 year after the submission of the plan required by paragraph (1), the Comptroller General of the United States shall review the plan and submit to the relevant congressional committees a report on the review. (B) Not later than 6 months after the submission of the first, third, and fifth annual report required under paragraph (3), the Comptroller General shall independently assess the findings of the annual report and brief the relevant congressional committees on the Comptroller General’s findings and recommendations to ensure the objectives of the plan are accomplished. (5) Definitions In this subsection: (A) The term Federal agency means each agency listed in section 901(b) of title 31. (B) The term relevant congressional committees means each of the following: (i) The Committee on Oversight and Government Reform and the Committee on Armed Services of the House of Representatives. (ii) The Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate. . 412. Plan on strengthening program and project management performance (a) Plan on strengthening program and project management performance Not later than June 1 following the date of the enactment of this Act, the Director, in consultation with the Director of the Office of Personnel Management, shall submit to the relevant congressional committees a plan for improving management of IT programs and projects. (b) Matters covered The plan required by subsection (a) shall include, at a minimum, the following: (1) Creation of a specialized career path for program management. (2) The development of a competency model for program management consistent with the IT project manager model. (3) A career advancement model that requires appropriate expertise and experience for advancement. (4) A career advancement model that is more competitive with the private sector and that recognizes both Government and private sector experience. (5) Appropriate consideration and alignment with the needs and priorities of the Infrastructure and Common Application Collaboration Center, the Assisted Acquisition Centers of Excellence, and acquisition intern programs. (c) Combination with other cadres plan The Director may combine the plan required by subsection (a) with the IT Acquisition Cadres Strategic Plan required under section 1704(j) of title 41, United States Code, as added by section 411. 413. Personnel awards for excellence in the acquisition of information systems and information technology (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall develop policy and guidance for agencies to develop a program to recognize excellent performance by Federal Government employees and teams of such employees in the acquisition of information systems and information technology for the agency. (b) Elements The program referred to in subsection (a) shall, to the extent practicable— (1) obtain objective outcome measures; and (2) include procedures for— (A) the nomination of Federal Government employees and teams of such employees for eligibility for recognition under the program; and (B) the evaluation of nominations for recognition under the program by 1 or more agency panels of individuals from Government, academia, and the private sector who have such expertise, and are appointed in such a manner, as the Director of the Office of Personal Management shall establish for purposes of the program. (c) Award of cash bonuses and other incentives In carrying out the program referred to in subsection (a), the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, shall establish policies and guidance for agencies to reward any Federal Government employee or teams of such employees recognized pursuant to the program— (1) with a cash bonus, to the extent that the performance of such individual or team warrants the award of such bonus and is authorized by any provision of law; (2) through promotions and other nonmonetary awards; (3) by publicizing— (A) acquisition accomplishments by individual employees; and (B) the tangible end benefits that resulted from such accomplishments, as appropriate; and (4) through other awards, incentives, or bonuses that the head of the agency considers appropriate. V Additional Reforms 501. Maximizing the benefit of the Federal Strategic Sourcing Initiative Not later than 180 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall prescribe regulations providing that when the Federal Government makes a purchase of services and supplies offered under the Federal Strategic Sourcing Initiative (managed by the Office of Federal Procurement Policy) but such Initiative is not used, the contract file for the purchase shall include a brief analysis of the comparative value, including price and nonprice factors, between the services and supplies offered under such Initiative and services and supplies offered under the source or sources used for the purchase. 502. Promoting transparency of blanket purchase agreements (a) Price information To be treated as public information The final negotiated price offered by an awardee of a blanket purchase agreement shall be treated as public information. (b) Publication of blanket purchase agreement information Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall make available to the public a list of all blanket purchase agreements entered into by Federal agencies under its Federal Supply Schedules contracts and the prices associated with those blanket purchase agreements. The list and price information shall be updated at least once every 6 months. 503. Additional source selection technique in solicitations Section 3306(d) of title 41, United States Code, is amended— (1) by striking or at the end of paragraph (1); (2) by striking the period and inserting ; or at the end of paragraph (2); and (3) by adding at the end the following new paragraph: (3) stating in the solicitation that the award will be made using a fixed price technical competition, under which all offerors compete solely on nonprice factors and the fixed award price is pre-announced in the solicitation. . 504. Enhanced transparency in information technology investments (a) Public availability of information about IT investments Section 11302(c) of title 40, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph (2): (2) Public availability (A) In general The Director shall make available to the public the cost, schedule, and performance data for at least 80 percent (by dollar value) of all information technology investments Governmentwide, and 60 percent (by dollar value) of all information technology investments in each Federal agency listed in section 901(b) of title 31. The Director shall ensure that the information is current, accurate, and reflects the risks associated with each covered information technology investment. (B) Waiver or limitation authority The applicability of subparagraph (A) may be waived or the extent of the information may be limited— (i) by the Director, with respect to IT investments Governmentwide; and (ii) by the Chief Information Officer of a Federal agency, with respect to IT investments in that agency; if the Director or the Chief Information Officer, as the case may be, determines that such a waiver or limitation is in the national security interests of the United States. . (b) Additional report requirements Paragraph (3) of section 11302(c) of such title, as redesignated by subsection (a), is amended by adding at the end the following: The report shall include an analysis of agency trends reflected in the performance risk information required in paragraph (2). . 505. Enhanced communication between Government and industry Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe a regulation making clear that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms. 506. Clarification of current law with respect to open source software (a) Purpose The purpose of this section is to establish guidance and processes to clarify that open source software is a valid procurement option that shall receive full consideration alongside other options, in merit-based requirements development and evaluation processes that promote procurement choices based on performance and value, and free of preconceived preferences based on how technology is developed, licensed, or distributed within the Federal Government. (b) Technology neutrality Nothing in this section shall be construed to modify the Federal Government’s long-standing policy of following technology-neutral principles and practices when selecting and acquiring information technology that best fits the needs of the Federal Government. (c) Standards and guidelines Section 11302(d) of title 40, United States Code, is amended by adding at the end the following: The standards and guidelines shall include those necessary to enable effective adoption of open source software. . (d) Guidance Not later than 180 days after the date of the enactment of this Act, the Director, in consultation with the Chief Information Officers Council, shall issue guidance for the use and collaborative development of open source software within the Federal Government. (e) Matters covered In issuing guidance under subsection (c), the Director shall include, at a minimum, the following: (1) Guidance to clarify that the preference for commercial items in section 3307 of title 41, United States Code, includes all open source software that meets the definition of the term commercial item in section 103 of title 41, United States Code, including all such software that is used for non-Government purposes and is licensed to the public. (2) Guidance regarding the conduct of market research to ensure the inclusion of open source software. (3) Guidance to establish a program to educate the acquisition workforce by providing information to identify and counter misconceptions about open source software and to keep such information updated. (4) Guidance to define Governmentwide standards for security, redistribution, indemnity, and copyright in the acquisition, use, release, and collaborative development of open source software. (5) Guidance for the adoption of available commercial practices to acquire open source software for widespread Government use, including issues such as security and redistribution rights. (6) Guidance to establish standard service level agreements for maintenance and support for open source software products widely adopted by the Government, as well as the development of Governmentwide agreements that contain standard and widely applicable contract provisions for ongoing maintenance and development of open source software. (7) Guidance on the role and use of the Federal Infrastructure and Common Application Collaboration Center, established pursuant to section 11501 of title 40, United States Code (as added by section 401), for acquisition of open source software. (f) Report to congress Not later than 2 years after the issuance of the guidance required by subsection (b), the Comptroller General of the United States shall submit to the relevant congressional committees a report containing— (1) an assessment of the effectiveness of the guidance; (2) an identification of barriers to widespread use by the Federal Government of open source software; and (3) such legislative recommendations as the Comptroller General considers appropriate to further the purposes of this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1232ih/xml/BILLS-113hr1232ih.xml

113-hr-1233

I 113th CONGRESS 1st Session H. R. 1233 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mr. Cummings introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend chapter 22 of title 44, United States Code, popularly known as the Presidential Records Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Presidential and Federal Records Act Amendments 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. Presidential records. Sec. 3. National Archives and Records Administration. Sec. 4. Records management by Federal agencies. Sec. 5. Disposal of records. Sec. 6. Procedures to prevent unauthorized removal of classified records from National Archives. Sec. 7. Repeal of provisions related to the National Study Commission on Records and Documents of Federal Officials. Sec. 8. Pronoun amendments. Sec. 9. Records management by the Archivist. 2. Presidential records (a) Procedures for consideration of claims of constitutionally based privilege against disclosure (1) Amendment Chapter 22 of title 44, United States Code, is amended by adding at the end the following: 2208. Claims of constitutionally based privilege against disclosure (a) (1) When the Archivist determines under this chapter to make available to the public any Presidential record that has not previously been made available to the public, the Archivist shall— (A) promptly provide notice of such determination to— (i) the former President during whose term of office the record was created; and (ii) the incumbent President; and (B) make the notice available to the public. (2) The notice under paragraph (1)— (A) shall be in writing; and (B) shall include such information as may be prescribed in regulations issued by the Archivist. (3) (A) Upon the expiration of the 60-day period (excepting Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist provides notice under paragraph (1)(A), the Archivist shall make available to the public the Presidential record covered by the notice, except any record (or reasonably segregable part of a record) with respect to which the Archivist receives from a former President or the incumbent President notification of a claim of constitutionally based privilege against disclosure under subsection (b). (B) A former President or the incumbent President may extend the period under subparagraph (A) once for not more than 30 additional days (excepting Saturdays, Sundays, and legal public holidays) by filing with the Archivist a statement that such an extension is necessary to allow an adequate review of the record. (C) Notwithstanding subparagraphs (A) and (B), if the 60-day period under subparagraph (A), or any extension of that period under subparagraph (B), would otherwise expire during the 6-month period after the incumbent President first takes office, then that 60-day period or extension, respectively, shall expire at the end of that 6-month period. (b) (1) For purposes of this section, the decision to assert any claim of constitutionally based privilege against disclosure of a Presidential record (or reasonably segregable part of a record) must be made personally by a former President or the incumbent President, as applicable. (2) A former President or the incumbent President shall notify the Archivist, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of a privilege claim under paragraph (1) on the same day that the claim is asserted under such paragraph. (c) (1) If a claim of constitutionally based privilege against disclosure of a Presidential record (or reasonably segregable part of a record) is asserted under subsection (b) by a former President, the Archivist shall consult with the incumbent President, as soon as practicable during the period specified in paragraph (2)(A), to determine whether the incumbent President will uphold the claim asserted by the former President. (2) (A) Not later than the end of the 30-day period beginning on the date of which the Archivist receives notification from a former President of the assertion of a claim of constitutionally based privilege against disclosure, the Archivist shall provide notice to the former President and the public of the decision of the incumbent President under paragraph (1) regarding the claim. (B) If the incumbent President upholds the claim of privilege asserted by the former President, the Archivist shall not make the Presidential record (or reasonably segregable part of a record) subject to the claim publicly available unless— (i) the incumbent President withdraws the decision upholding the claim of privilege asserted by the former President; or (ii) the Archivist is otherwise directed by a final court order that is not subject to appeal. (C) If the incumbent President determines not to uphold the claim of privilege asserted by the former President, or fails to make the determination under paragraph (1) before the end of the period specified in subparagraph (A), the Archivist shall release the Presidential record subject to the claim at the end of the 90-day period beginning on the date on which the Archivist received notification of the claim, unless otherwise directed by a court order in an action initiated by the former President under section 2204(e) of this title or by a court order in another action in any Federal court. (d) The Archivist shall not make publicly available a Presidential record (or reasonably segregable part of a record) that is subject to a privilege claim asserted by the incumbent President unless— (1) the incumbent President withdraws the privilege claim; or (2) the Archivist is otherwise directed by a final court order that is not subject to appeal. (e) The Archivist shall adjust any otherwise applicable time period under this section as necessary to comply with the return date of any congressional subpoena, judicial subpoena, or judicial process. . (2) Conforming amendments (A) Section 2204(d) of title 44, United States Code, is amended by inserting , except section 2208, after chapter . (B) Section 2205 of title 44, United States Code, is amended— (i) in the matter preceding paragraph (1), by striking section 2204 and inserting sections 2204 and 2208 of this title ; and (ii) in paragraph (2)(A), by striking subpena and inserting subpoena . (C) Section 2207 of title 44, United States Code, is amended in the second sentence by inserting , except section 2208, after chapter . (3) Clerical amendment The table of sections at the beginning of chapter 22 of title 44, United States Code, is amended by adding at the end the following: 2208. Claims of constitutionally based privilege against disclosure. . (4) Rule of construction Nothing in the amendment made by paragraph (2)(C) shall be construed to— (A) affect the requirement of section 2207 of title 44, United States Code, that Vice Presidential records shall be subject to chapter 22 of that title in the same manner as Presidential records; or (B) affect any claim of constitutionally based privilege by a President or former President with respect to a Vice Presidential record. (b) Definitions Section 2201 of title 44, United States Code, is amended— (1) in paragraph (1)— (A) by striking memorandums and inserting memoranda ; (B) by striking audio, audiovisual and inserting audio and visual records ; and (C) by inserting , whether in analog, digital, or any other form after mechanical recordations ; and (2) in paragraph (2), by striking advise and assist and inserting advise or assist . (c) Management and custody of Presidential records Section 2203 of title 44, United States Code, is amended— (1) in subsection (a), by striking maintained and inserting preserved and maintained ; (2) in subsection (b), by striking advise and assist and inserting advise or assist ; (3) by redesignating subsection (f) as subsection (g); (4) by inserting after subsection (e) the following new subsection: (f) During a President’s term of office, the Archivist may maintain and preserve Presidential records on behalf of the President, including records in digital or electronic form. The President shall remain exclusively responsible for custody, control, and access to such Presidential records. The Archivist may not disclose any such records, except under direction of the President, until the conclusion of a President’s term of office, if a President serves consecutive terms upon the conclusion of the last term, or such other period provided for under section 2204 of this title. ; and (5) in subsection (g)(1), as so redesignated, by striking Act and inserting chapter . (d) Restrictions on access to presidential records Section 2204 of title 44, United States Code, is amended by adding at the end the following new subsection: (f) The Archivist shall not make available any original Presidential records to any individual claiming access to any Presidential record as a designated representative under section 2205(3) of this title if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives. . 3. National Archives and Records Administration (a) Acceptance of records for historical preservation Section 2107 of title 44, United States Code, is amended to read as follows: 2107. Acceptance of records for historical preservation (a) In general When it appears to the Archivist to be in the public interest, the Archivist may— (1) accept for deposit with the National Archives of the United States the records of a Federal agency, the Congress, the Architect of the Capitol, or the Supreme Court determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government; (2) direct and effect the transfer of records of a Federal agency determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government to the National Archives of the United States, as soon as practicable, and at a time mutually agreed upon by the Archivist and the head of that Federal agency not later than thirty years after such records were created or received by that agency, unless the head of such agency has certified in writing to the Archivist that such records must be retained in the custody of such agency for use in the conduct of the regular business of the agency; (3) direct and effect, with the approval of the head of the originating Federal agency, or if the existence of the agency has been terminated, with the approval of the head of that agency’s successor in function, if any, the transfer of records, deposited or approved for deposit with the National Archives of the United States to public or educational institutions or associations; title to the records to remain vested in the United States unless otherwise authorized by Congress; and (4) transfer materials from private sources authorized to be received by the Archivist by section 2111 of this title. (b) Early transfer of records The Archivist— (1) in consultation with the head of the originating Federal agency, is authorized to accept for deposit the records described in subsection (a)(2) that have been in existence for less than thirty years; and (2) may not disclose any such records until the expiration of— (A) the thirty-year period described in paragraph (1); (B) any longer period established by the Archivist by order; or (C) any shorter period agreed to by the originating Federal agency. . (b) Material accepted for deposit Section 2111 of title 44, United States Code, is amended to read as follows: 2111. Material accepted for deposit (a) In general When the Archivist considers it to be in the public interest the Archivist may accept for deposit— (1) the papers and other historical materials of a President or former President of the United States, or other official or former official of the Government, and other papers relating to and contemporary with a President or former President of the United States, subject to restrictions agreeable to the Archivist as to their use; and (2) recorded information (as such term is defined in section 3301(a)(2) of this title) from private sources that are appropriate for preservation by the Government as evidence of its organization, functions, policies, decisions, procedures, and transactions. (b) Exception This section shall not apply in the case of any Presidential records which are subject to the provisions of chapter 22 of this title. . (c) Preservation of audio and visual records (1) In general Section 2114 of title 44, United States Code, is amended to read as follows: 2114. Preservation of audio and visual records The Archivist may make and preserve audio and visual records, including motion-picture films, still photographs, and sound recordings, in analog, digital, or any other form, pertaining to and illustrative of the historical development of the United States Government and its activities, and provide for preparing, editing, titling, scoring, processing, duplicating, reproducing, exhibiting, and releasing for non-profit educational purposes, motion-picture films, still photographs, and sound recordings in the Archivist’s custody. . (2) Clerical amendment The table of sections at the beginning of chapter 21 of title 44, United States Code, is amended by striking the item for section 2114 and inserting the following: 2114. Preservation of audio and visual records. . (d) Legal status of reproductions; official seal; fees for copies and reproductions Section 2116(a) of title 44, United States Code, is amended by inserting digital, after microphotographic, , each place it appears. 4. Records management by Federal agencies Section 3106 of title 44, United States Code, is amended to read as follows: 3106. Unlawful removal, destruction of records (a) Federal agency notification The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency. (b) Archivist notification In any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made. . 5. Disposal of records (a) Definition of records Section 3301 of title 44, United States Code, is amended to read as follows: 3301. Definition of records (a) Records defined (1) In general As used in this chapter, the term records — (A) includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them; and (B) does not include— (i) library and museum material made or acquired and preserved solely for reference or exhibition purposes; or (ii) duplicate copies of records preserved only for convenience. (2) Recorded information defined For purposes of paragraph (1), the term recorded information includes all traditional forms of records, regardless of physical form or characteristics, including information created, manipulated, communicated, or stored in digital or electronic form. (b) Determination of definition The Archivist’s determination whether recorded information, regardless of whether it exists in physical, digital, or electronic form, is a record as defined in subsection (a) shall be binding on all Federal agencies. . (b) Regulations covering lists of records for disposal, procedure for disposal, and standards for reproduction Section 3302(3) of title 44, United States Code, is amended by striking photographic or microphotographic processes and inserting photographic, microphotographic, or digital processes . (c) Lists and schedules of records To be submitted to the Archivist by head of each Government agency Section 3303(1) of title 44, United States Code, is amended by striking photographed or microphotographed and inserting photographed, microphotographed, or digitized . (d) Examination by Archivist of lists and schedules of records lacking preservation value; disposal of records Section 3303a(c) of title 44, United States Code, is amended by striking the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives and inserting the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate . (e) Photographs or microphotographs of records considered as originals; certified reproductions admissible in evidence Section 3312 of title 44, United States Code, is amended— (1) in the first sentence, by striking Photographs and microphotographs of records and inserting Photographs, microphotographs of records, or digitized records ; and (2) in the second sentence, by striking photographs or microphotographs and inserting photographs, microphotographs, or digitized records , each place it appears. 6. Procedures to prevent unauthorized removal of classified records from National Archives (a) Classified records Not later than 90 days after the date of the enactment of this Act, the Archivist shall prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration or the destruction or damage of such records, including when such records are accessed or searched electronically. Such procedures shall include, at a minimum, the following prohibitions: (1) An individual, other than covered personnel, may not view classified records in any room that is not secure, except in the presence of National Archives and Records Administration personnel or under video surveillance. (2) An individual, other than covered personnel, may not be left alone with classified records, unless that individual is under video surveillance. (3) An individual, other than covered personnel, may not review classified records while possessing any cellular phone, electronic personal communication device, or any other devices capable of photographing, recording, or transferring images or content. (4) An individual seeking access to review classified records, as a precondition to such access, must consent to a search of their belongings upon conclusion of their records review. (5) All notes and other writings prepared by an individual, other than covered personnel, during the course of a review of classified records shall be retained by the National Archives and Records Administration in a secure facility until such notes and other writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility. (b) Definitions In this section: (1) Covered personnel The term covered personnel means any individual— (A) who has an appropriate and necessary reason for accessing classified records, as determined by the Archivist; and (B) who is either— (i) an officer or employee of the United States Government with appropriate security clearances; or (ii) any personnel with appropriate security clearances of a Federal contractor authorized in writing to act for purposes of this section by an officer or employee of the United States Government. (2) Records The term records has the meaning given that term under section 3301 of title 44, United States Code. 7. Repeal of provisions related to the National Study Commission on Records and Documents of Federal Officials (a) In general Sections 3315 through 3324 of title 44, United States Code, are repealed. (b) Clerical amendment The table of sections at the beginning of chapter 33 of title 44, United States Code, is amended by striking the items relating to sections 3315 through 3324. 8. Pronoun amendments Title 44, United States Code, is amended— (1) in section 2116(c), by striking his and inserting the Archivist’s ; (2) in section 2201(2), by striking his and inserting the President’s , each place it appears; (3) in section 2203— (A) in subsection (a), by striking his and inserting the President’s ; (B) in subsection (b), by striking his and inserting the President’s ; (C) in subsection (c)— (i) in the matter preceding paragraph (1)— (I) by striking his and inserting the President’s ; and (II) by striking those of his Presidential records and inserting those Presidential records of such President ; and (ii) in paragraph (2), by striking he and inserting the Archivist ; (D) in subsection (d), by striking he and inserting the Archivist ; (E) in subsection (e), by striking he and inserting the Archivist ; and (F) in subsection (g), as so redesignated, by striking he and inserting the Archivist ; (4) in section 2204— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking his and inserting a President’s ; and (ii) in paragraph (5), by striking his and inserting the President’s ; and (B) in subsection (b)— (i) in paragraph (1)(B), by striking his and inserting the President’s ; and (ii) in paragraph (3)— (I) by striking his and inserting the Archivist’s ; and (II) by striking his designee and inserting the Archivist’s designee ; (5) in section 2205— (A) in paragraph (2)(B), by striking his and inserting the incumbent President’s ; and (B) in paragraph (3), by striking his and inserting the former President’s ; (6) in section 2901(11), by striking his and inserting the Archivist’s ; (7) in section 2904(c)(6), by striking his and inserting the Archivist’s ; (8) in section 2905(a)— (A) by striking He and inserting The Archivist ; and (B) by striking his and inserting the Archivist’s ; (9) in section 3103, by striking he and inserting the head of such agency ; (10) in section 3104— (A) by striking his and inserting such official’s ; and (B) by striking him or his and inserting such official or such official’s ; (11) in section 3105, by striking he and inserting the head of such agency ; (12) in section 3302(1), by striking him and inserting the Archivist ; and (13) in section 3303a— (A) in subsection (a)— (i) by striking him and inserting the Archivist , each place it appears; and (ii) by striking he and inserting the Archivist ; (B) in subsection (c), by striking he and inserting the Archivist ; (C) in subsection (e), by striking his and inserting the Archivist’s ; and (D) in subsection (f), by striking he and inserting the Archivist . 9. Records management by the Archivist (a) Objectives of records management Section 2902 of title 44, United States Code, is amended— (1) in paragraph (4), by striking creation and of records maintenance and use and inserting creation, maintenance, transfer, and use ; (2) in paragraph (6), by inserting after Federal paperwork the following: and the transfer of records from Federal agencies to the National Archives of the United States in digital or electronic form to the greatest extent possible ; and (3) in paragraph (7), by striking the Administrator or . (b) Records centers and centralized microfilming services Section 2907 of title 44, United States Code, is amended— (1) in the subject heading by inserting or digitization after microfilming ; and (2) by inserting or digitization after microfilming . (c) General responsibilities for records management Section 2904 of title 44, United States Code, is amended— (1) in subsection (b), by striking The Administrator and inserting The Archivist ; (2) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by striking their and inserting the ; (ii) by striking subsection (a) or (b), respectively and inserting subsections (a) and (b) ; (iii) by striking and the Administrator ; and (iv) by striking each ; and (B) in paragraph (8), by striking or the Administrator (as the case may be) ; and (3) subsection (d) is amended to read as follows: (d) The Archivist shall promulgate regulations requiring all Federal agencies to transfer all digital or electronic records to the National Archives of the United States in digital or electronic form to the greatest extent possible. . (d) Inspection of agency records Section 2906(a)(1) of title 44, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking their respective and inserting the ; (ii) by striking the Administrator of General Services and ; (iii) by striking designee of either and inserting the Archivist’s designee ; (iv) by striking solely ; and (v) by inserting after for the improvement of records management practices and programs the following: and for determining whether the records of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify continued preservation ; (B) in paragraph (2)— (i) by striking the Administrator and ; and (ii) by striking the second sentence; and (C) in paragraph (3)— (i) in the matter preceding subparagraph (A)— (I) by striking the Administrator or ; and (II) by striking designee of either and inserting Archivist’s designee ; and (ii) in subparagraph (A), by striking the Administrator, the Archivist, and inserting the Archivist ; and (2) in subsection (b)— (A) by striking the Administrator and ; and (B) by striking designee of either and inserting Archivist’s designee . (e) Reports; correction of violations Section 2115 of title 44, United States Code, is amended— (1) in subsection (a)— (A) by striking their respective and inserting the ; (B) by striking and the Administrator ; and (C) by striking each ; and (2) in subsection (b)— (A) by striking either ; (B) by striking or the Administrator , each place it appears; and (C) by striking inaugurated and inserting demonstrably commenced . (f) Records management by the Archivist The heading for chapter 29 of title 44, United States Code, is amended by striking and by the Administrator of General Services . (g) Establishment of program of management Section 3102(2) of title 44, United States Code, is amended by striking the Administrator of General Services and .

https://www.govinfo.gov/content/pkg/BILLS-113hr1233ih/xml/BILLS-113hr1233ih.xml

113-hr-1234

I 113th CONGRESS 1st Session H. R. 1234 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mr. Cummings introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 44, United States Code, to require preservation of certain electronic records by Federal agencies, to require a certification and reports relating to Presidential records, and for other purposes. 1. Short title This Act may be cited as the Electronic Message Preservation Act . 2. Records management (a) Requirement for Preservation of Electronic Messages (1) In general Chapter 29 of title 44, United States Code, is amended by adding at the end the following new section: 2911. Preservation of electronic messages and other records (a) Regulations Required Not later than 18 months after the date of the enactment of this section, the Archivist shall promulgate regulations governing Federal agency preservation of electronic messages that are determined to be records (as such term is defined under section 3301 of this title). Such regulations shall, at a minimum— (1) require the electronic capture, management, and preservation of such electronic records in accordance with the records disposition requirements of chapter 33 of this title; (2) require that such electronic records are readily accessible for retrieval through electronic searches; (3) establish mandatory minimum functional requirements for electronic records management systems to ensure compliance with the requirements in paragraphs (1) and (2); (4) establish a process to certify that Federal agencies’ electronic records management systems meet the functional requirements established under paragraph (3); and (5) include timelines for Federal agency compliance with the regulations that ensure compliance as expeditiously as practicable but not later than four years after the date of the enactment of this section. (b) Coverage of Other Electronic Records To the extent practicable, the regulations promulgated under subsection (a) shall also include requirements for the capture, management, and preservation of other electronic records. (c) Compliance by Federal Agencies Each Federal agency shall comply with the regulations promulgated under subsection (a). (d) Review of Regulations Required The Archivist shall periodically review and, as necessary, amend the regulations promulgated under subsection (a). (e) Reports on Implementation of Regulations (1) Agency report to archivist Not later than four years after the date of the enactment of this section, the head of each Federal agency shall submit to the Archivist a report on the agency’s compliance with the regulations promulgated under this section. (2) Archivist report to congress Not later than 90 days after receipt of all reports required by paragraph (1), the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on Federal agency compliance with the regulations promulgated under subsection (a). . (2) Clerical amendment The table of sections at the beginning of chapter 29 of title 44, United States Code, is amended by adding after the item relating to section 2910 the following new item: 2911. Preservation of electronic messages and other records. . (b) Definitions Section 2901 of title 44, United States Code, is amended— (1) by striking and at the end of paragraph (14); and (2) by striking paragraph (15) and inserting the following new paragraphs: (15) the term electronic messages means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; and (16) the term electronic records management system means software designed to manage electronic records, including by— (A) categorizing and locating records; (B) ensuring that records are retained as long as necessary; (C) identifying records that are due for disposition; and (D) ensuring the storage, retrieval, and disposition of records. . 3. Presidential records (a) Additional Regulations Relating to Presidential Records (1) In general Section 2206 of title 44, United States Code, is amended— (A) by striking and at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ; and ; and (C) by adding at the end the following: (5) provisions for establishing standards necessary for the economical and efficient management of electronic Presidential records during the President’s term of office, including— (A) records management controls necessary for the capture, management, and preservation of electronic messages; (B) records management controls necessary to ensure that electronic messages are readily accessible for retrieval through electronic searches; and (C) a process to certify the electronic records management system to be used by the President for the purposes of complying with the requirements in subparagraphs (A) and (B). . (2) Definitions Section 2201 of title 44, United States Code, is amended by adding at the end the following new paragraphs: (6) The term electronic messages has the meaning given that term under section 2901(15) of this title. (7) The term electronic records management system has the meaning given that term under section 2901(16) of this title. . (b) Certification of President’s Management of Presidential Records (1) Certification required Chapter 22 of title 44, United States Code, is amended by adding at the end the following new section: 2208. Certification of the President’s management of Presidential records (a) Annual Certification The Archivist shall annually certify whether the electronic records management controls established by the President meet requirements under sections 2203(a) and 2206(5) of this title. (b) Report to Congress The Archivist shall report annually to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives on the status of the certification. . (2) Clerical amendment The table of sections at the beginning of chapter 22 of title 44, United States Code, as amended by subsection (a)(4), is further amended by adding at the end the following new item: 2208. Certification of the President’s management of Presidential records. . (c) Report to Congress Section 2203(f) of title 44, United States Code, is amended by adding at the end the following: (4) One year following the conclusion of a President’s term of office, or if a President serves consecutive terms one year following the conclusion of the last term, the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on— (A) the volume and format of electronic Presidential records deposited into that President’s Presidential archival depository; and (B) whether the electronic records management controls of that President met the requirements under sections 2203(a) and 2206(5) of this title. . (d) Effective date The amendments made by this section shall take effect one year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1234ih/xml/BILLS-113hr1234ih.xml

113-hr-1235

I 113th CONGRESS 1st Session H. R. 1235 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mrs. Hartzler (for herself, Mr. Cotton , Mr. Mullin , Mr. Lankford , Mr. Graves of Missouri , and Mr. Griffith of Virginia ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Power Act to permit States to exempt projects from certain Federal Energy Regulatory Commission considerations in issuing licenses for such projects. 1. Short title This Act may be cited as the Leave our Lakes Alone Act . 2. State determination to exempt projects from certain FERC considerations in licensing Section 4 of the Federal Power Act ( 16 U.S.C. 797 ) is amended by adding at the end the following new subsection: (h) (1) For the purposes of this subsection— (A) the term exempt State means a State for which a State law is in effect that expressly authorizes paragraph (2) to apply to projects within the State; and (B) the term public use and environmental purposes means the purposes of energy conservation, the protection, mitigation of damage to, and enhancement of, fish and wildlife (including related spawning grounds and habitat), the protection of recreational opportunities, the preservation of other aspects of environmental quality, and other beneficial public uses, including irrigation, flood control, water supply, and other purposes, as required under subsection (e) and section 10(a), as such purposes apply to land within the project boundary that is above the highest target elevation for normal operations of the project. (2) Notwithstanding subsection (e) and sections 10(a) and 28, the Commission may not consider public use and environmental purposes in issuing a license for a project in an exempt State. (3) If a State law described in paragraph (1)(A) is no longer in effect, paragraph (2) shall continue to apply to any project in the State for which a license was issued while such law was in effect. (4) Paragraph (2) shall not apply to any project or portion of a project on Federal land. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1235ih/xml/BILLS-113hr1235ih.xml

113-hr-1236

I 113th CONGRESS 1st Session H. R. 1236 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require the inclusion of a behavioral health professional on any physical evaluation board that considers issues of post-traumatic stress disorder, traumatic brain injury, or other mental health condition. 1. Inclusion of behavioral health professionals on physical evaluation boards Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Inclusion of behavioral health professional (1) If a physical evaluation board will consider issues related to post-traumatic stress disorder, traumatic brain injury, or other mental health condition, the physical evaluation board must include a behavioral health professional as a member of the board. The behavioral health professional shall serve in lieu of the medical member of the physical evaluation board unless, as a result of the health-related issues before the board, the board would benefit from the presence of both a behavioral health professional and medical member. (2) In this subsection, the term behavioral health professional means a clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1236ih/xml/BILLS-113hr1236ih.xml

113-hr-1237

I 113th CONGRESS 1st Session H. R. 1237 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mrs. Beatty introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize and request the President to award the Medal of Honor posthumously to Major Dominic S. Gentile of the United States Army Air Forces for acts of valor during World War II. 1. Authorization and request for award of Medal of Honor to Dominic S. Gentile for acts of valor during World War II (a) Findings Congress makes the following findings: (1) Major Dominic S. Gentile of the United States Army Air Forces destroyed at least 30 enemy aircraft during World War II, making him one of the highest scoring fighter pilots in American history and earning him the title of Ace of Aces . (2) Major Gentile was the first American fighter pilot to surpass Captain Eddie Rickenbacker’s WWI record of 26 enemy aircraft destroyed. (3) Major Gentile was awarded several medals in recognition of his acts of valor during World War II, including two Distinguished Service Crosses, seven Distinguished Flying Crosses, the Silver Star, the Air Medal, and received similar honors from Great Britain, Italy, Belgium, and Canada. (4) Major Gentile was born in Piqua, Ohio, and died January 23, 1951, after which he was posthumously appointed to the rank of major. (5) Major Gentile is buried in Columbus, Ohio. Gentile Air Force Station in Kettering, Ohio, is named in his honor and he was inducted into the National Aviation Hall of Fame in 1995. (b) Authorization Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor posthumously under section 3741 of such title to former Major Dominic S. Gentile of the United States Army Air Forces for the acts of valor during World War II described in subsection (c). (c) Acts of valor described The acts of valor referred to in subsection (b) are the actions of then Major Dominic S. Gentile who, as a pilot of a P–51 Mustang in the Army’s 336th Fighter Squadron, Fourth Fighter Group, of the Eighth Air Force in Europe during World War II, distinguished himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty by destroying at least 30 enemy aircraft during his service in the United State Army Air Forces.

https://www.govinfo.gov/content/pkg/BILLS-113hr1237ih/xml/BILLS-113hr1237ih.xml

113-hr-1238

I 113th CONGRESS 1st Session H. R. 1238 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mr. Braley of Iowa (for himself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committees on Foreign Affairs and 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 President to submit to Congress a report on the long-term costs of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom in Iraq and Afghanistan, and for other purposes. 1. Short title This Act may be cited as the True Cost of War Act of 2013 . 2. Report on long-term costs of operation Iraqi Freedom and Operation Enduring Freedom (a) Findings Congress makes the following findings: (1) The United States has been engaged in military operations in Afghanistan since October 2001 as Operation Enduring Freedom and in military operations in Iraq since March 2003 as Operation Iraqi Freedom and its successor contingency operation, Operation New Dawn. (2) According to the Congressional Research Service, through fiscal year 2013, Congress has appropriated $1,500,000,000,000 for the Department of Defense, for the State Department, and for medical costs paid by the Department of Veterans Affairs. This amount includes $821,000,000,000 related to operations in Iraq and $645,000,000,000 related to operations in Afghanistan. (3) Over 90 percent of the funds appropriated for the Department of Defense for operations in Iraq and Afghanistan have been provided as supplemental or additional appropriations and designated as an emergency funding requirement. (4) The Congressional Budget Office and the Congressional Research Service have stated that future costs for operations in Iraq and Afghanistan are difficult to estimate because the Department of Defense provides little information on costs incurred to date and actual expenditure for operations in Iraq and Afghanistan (because war and baseline funds are mixed in the same accounts) and because of a lack of information from the Department of Defense on many of the key factors that determine costs, including personnel levels and the pace of operations. (5) Over 2,400,000 members of the United States Armed Forces have served in Afghanistan and Iraq since the beginning of the conflicts. (6) Over 4,400 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Iraqi Freedom, and over 2,100 members of the Armed Forces and Department of Defense civilian personnel have been killed in Operation Enduring Freedom in Afghanistan. (7) Over 1,715 members of the Armed Forces have suffered amputations as a result of wounds or other injuries incurred in Afghanistan or Iraq. (8) More than 250,000 veterans of military service in Iraq and Afghanistan have been treated for mental health conditions, more than 100,000 of these veterans have been diagnosed with post-traumatic stress disorder, and approximately 253,330 of these veterans have a confirmed traumatic brain injury diagnosis. (9) Approximately 54 percent of veterans of military service in Iraq and Afghanistan have sought treatment at a Department of Veterans Affairs hospital or medical clinic. (10) The Independent Review Group on Rehabilitative Care and Administrative Processes at Walter Reed Army Medical Center and National Naval Medical Center identified traumatic brain injury, post-traumatic stress disorder, increased survival of severe burns, and traumatic amputations as the four signature wounds of the current conflicts, and the Independent Review Group report states that the recovery process can take months or years and must accommodate recurring or delayed manifestations of symptoms, extended rehabilitation and all the life complications that emerge over time from such trauma . (b) Report requirement Not later than 90 days after the date of the enactment of this Act, the President, with contributions from the Secretary of Defense, the Secretary of State, and the Secretary of Veterans Affairs, shall submit to Congress a report containing an estimate of previous costs of Operation New Dawn (the successor contingency operation to Operation Iraqi Freedom) and the long-term costs of Operation Enduring Freedom for a scenario, determined by the President and based on current contingency operation and withdrawal plans, that takes into account expected force levels and the expected length of time that members of the Armed Forces will be deployed in support of Operation Enduring Freedom. (c) Estimates To be used in preparation of report In preparing the report required by subsection (b), the President shall make estimates and projections through at least fiscal year 2023, adjust any dollar amounts appropriately for inflation, and take into account and specify each of the following: (1) The total number of members of the Armed Forces expected to be deployed in support of Operation Enduring Freedom, including— (A) the number of members of the Armed Forces actually deployed in Southwest Asia in support of Operation Enduring Freedom; (B) the number of members of reserve components of the Armed Forces called or ordered to active duty in the United States for the purpose of training for eventual deployment in Southwest Asia, backfilling for deployed troops, or supporting other Department of Defense missions directly or indirectly related to Operation Enduring Freedom; and (C) the break-down of deployments of members of the regular and reserve components and activation of members of the reserve components. (2) The number of members of the Armed Forces, including members of the reserve components, who have previously served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom and who are expected to serve multiple deployments. (3) The number of contractors and private military security firms that have been used and are expected to be used during the course of Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (4) The number of veterans currently suffering and expected to suffer from post-traumatic stress disorder, traumatic brain injury, or other mental injuries. (5) The number of veterans currently in need of and expected to be in need of prosthetic care and treatment because of amputations incurred during service in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (6) The current number of pending Department of Veterans Affairs claims from veterans of military service in Iraq and Afghanistan, and the total number of such veterans expected to seek disability compensation from the Department of Veterans Affairs. (7) The total number of members of the Armed Forces who have been killed or wounded in Iraq or Afghanistan, including noncombat casualties, the total number of members expected to suffer injuries in Afghanistan, and the total number of members expected to be killed in Afghanistan, including noncombat casualties. (8) The amount of funds previously appropriated for the Department of Defense, the Department of State, and the Department of Veterans Affairs for costs related to Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, including an account of the amount of funding from regular Department of Defense, Department of State, and Department of Veterans Affairs budgets that has gone and will go to costs associated with such operations. (9) Previous, current, and future operational expenditures associated with Operation Enduring Freedom and, when applicable, Operation Iraqi Freedom and Operation New Dawn, including— (A) funding for combat operations; (B) deploying, transporting, feeding, and housing members of the Armed Forces (including fuel costs); (C) activation and deployment of members of the reserve components of the Armed Forces; (D) equipping and training of Iraqi and Afghani forces; (E) purchasing, upgrading, and repairing weapons, munitions, and other equipment consumed or used in Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom; and (F) payments to other countries for logistical assistance in support of such operations. (10) Past, current, and future costs of entering into contracts with private military security firms and other contractors for the provision of goods and services associated with Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom. (11) Average annual cost for each member of the Armed Forces deployed in support of Operation Enduring Freedom, including room and board, equipment and body armor, transportation of troops and equipment (including fuel costs), and operational costs. (12) Current and future cost of combat-related special pays and benefits, including reenlistment bonuses. (13) Current and future cost of calling or ordering members of the reserve components to active duty in support of Operation Enduring Freedom. (14) Current and future cost for reconstruction, embassy operations and construction, and foreign aid programs for Iraq and Afghanistan. (15) Current and future cost of bases and other infrastructure to support members of the Armed Forces serving in Afghanistan. (16) Current and future cost of providing health care for veterans who served in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom, including— (A) the cost of mental health treatment for veterans suffering from post-traumatic stress disorder and traumatic brain injury, and other mental problems as a result of such service; and (B) the cost of lifetime prosthetics care and treatment for veterans suffering from amputations as a result of such service. (17) Current and future cost of providing Department of Veterans Affairs disability benefits for the lifetime of veterans who incur disabilities while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (18) Current and future cost of providing survivors’ benefits to survivors of members of the Armed Forces killed while serving in support of Operation Iraqi Freedom, Operation New Dawn, or Operation Enduring Freedom. (19) Cost of bringing members of the Armed Forces and equipment back to the United States upon the conclusion of Operation Enduring Freedom, including the cost of demobilization, transportation costs (including fuel costs), providing transition services for members of the Armed Forces transitioning from active duty to veteran status, transporting equipment, weapons, and munitions (including fuel costs), and an estimate of the value of equipment that will be left behind. (20) Cost to restore the military and military equipment, including the equipment of the reserve components, to full strength after the conclusion of Operation Enduring Freedom. (21) Amount of money borrowed to pay for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom, and the sources of that money. (22) Interest on money borrowed, including interest for money already borrowed and anticipated interest payments on future borrowing, for Operation Iraqi Freedom, Operation New Dawn, and Operation Enduring Freedom.

https://www.govinfo.gov/content/pkg/BILLS-113hr1238ih/xml/BILLS-113hr1238ih.xml

113-hr-1239

I 113th CONGRESS 1st Session H. R. 1239 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mr. Cassidy (for himself and Ms. Matsui ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend part D of title XVIII of the Social Security Act to count the negotiated price of drugs provided free or at nominal charge under compassionate treatment programs towards incurred out-of-pocket costs. 1. Short title This Act may be cited as the Accessing Medicare Therapies Act of 2013 . 2. Counting the negotiated price of drugs provided free or at nominal charge under compassionate treatment programs towards incurred out-of-pocket costs (a) In general Section 1860D–2(b)(4) of the Social Security Act ( 42 U.S.C. 1395w–102(b)(4) ) is amended— (1) in subparagraph (C), by striking subparagraph (E) and inserting subparagraphs (E) and (F) ; and (2) by adding at the end the following new subparagraph: (F) Inclusion of negotiated price of drugs provided under compassionate treatment programs (i) In general In applying subparagraph (A) with respect to an individual enrolled in a prescription drug plan, incurred costs shall include the negotiated price described in clause (ii) of a covered part D drug if— (I) the drug is classified, for purposes of applying tiered copayments consistent with section 1860D–2(b)(2)(B), in the highest copayment tier (such as a tier 4 for specialty brand-name drugs); (II) the drug is furnished to the individual free or at nominal charge under a compassionate treatment program (as defined in clause (iii)); and (III) the drug, if furnished other than through such program, is covered under the formulary of the plan or is available through exception or appeal. (ii) Negotiated price The negotiated price described in this clause, for a covered part D drug which is dispensed to an enrollee— (I) by a pharmacy, is the negotiated price at such pharmacy; or (II) other than by a pharmacy, is the average negotiated price for the drug in the prescription drug plan in the zip code of the enrollee as of the date the drug is dispensed. (iii) Compassionate treatment program defined In this subparagraph, the term compassionate treatment program means, with respect to covered part D drugs, a program that— (I) is administered by an entity described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from tax under section 501(a) of such Code; (II) takes title to the drugs and distributes the drugs to eligible part D individuals free or at nominal charge on the basis of the entity’s assessment of financial need of such individuals; (III) does not distribute the drugs to an individual unless the individual’s household income (as determined under section 36B of the Internal Revenue Code of 1986) is less than the maximum income level for the taxpayer in the household to be eligible for a refundable credit under such section; and (IV) meets such additional requirements as the Inspector General of the Department of Health and Human Services establishes, consistent with guidance and advisory opinions issued under section 1128D, to prevent fraud or abuse in the application of this subparagraph. . (b) Effective date The amendments made by subsection (a) shall apply to drugs furnished in plan years beginning on or after January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr1239ih/xml/BILLS-113hr1239ih.xml

113-hr-1240

I 113th CONGRESS 1st Session H. R. 1240 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Ms. Chu (for herself, Ms. Meng , Mr. Payne , Mrs. Negrete McLeod , Ms. Bordallo , Mr. Schrader , Ms. Tsongas , Mr. Petri , and Mr. Bera of California ) introduced the following bill; which was referred to the Committee on Small Business A BILL To extend the low-interest refinancing provisions under the Local Development Business Loan Program of the Small Business Administration. 1. Short title This Act may be cited as the Commercial Real Estate and Economic Development Act of 2013 or the CREED Act of 2013 . 2. Low-interest refinancing under the local development business loan program (a) Repeal Section 1122(b) of the Small Business Jobs Act of 2010 ( 15 U.S.C. 696 note) is repealed. (b) Restoration of Low-Interest Refinancing Provision Subparagraph (C) of section 502(7) of the Small Business Investment Act of 1958 ( 15 U.S.C. 696(7) ) (relating to refinancing not involving expansions), as in effect on September 25, 2012, shall be in effect during the period beginning on the date of enactment of this Act and ending 5 years after such date of enactment. 3. No additional appropriations authorized The amendments made by section 2 do not authorize any appropriations for the purpose of carrying out such amendment or the program it amends.

https://www.govinfo.gov/content/pkg/BILLS-113hr1240ih/xml/BILLS-113hr1240ih.xml

113-hr-1241

I 113th CONGRESS 1st Session H. R. 1241 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mr. Cook (for himself and Mr. McKeon ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To facilitate a land exchange involving certain National Forest System lands in the Inyo National Forest, and for other purposes. 1. Special rules for Inyo National Forest land exchange (a) Authority To accept lands outside boundaries of Inyo National Forest In any land exchange involving the conveyance of certain National Forest System land located within the boundaries of Inyo National Forest in California, as shown on the map titled Federal Parcel and dated June 2011, the Secretary of Agriculture may accept for acquisition in the exchange certain non-Federal lands in California lying outside the boundaries of Inyo National Forest, as shown on the maps titled DWP Parcel – Interagency Visitor Center Parcel and DWP Parcel – Town of Bishop Parcel and dated June 2011, if the Secretary determines that acquisition of the non-Federal lands is desirable for National Forest System purposes. (b) Cash equalization payment; use In an exchange described in subsection (a), the Secretary of Agriculture may accept a cash equalization payment in excess of 25 percent. Any such cash equalization payment shall be deposited into the account in the Treasury of the United States established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a ) and shall be made available to the Secretary for the acquisition of land for addition to the National Forest System. (c) Rule of construction Nothing in this section shall be construed to grant the Secretary of Agriculture new land exchange authority. This section modifies the use of land exchange authorities already available to the Secretary as of the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1241ih/xml/BILLS-113hr1241ih.xml

113-hr-1242

I 113th CONGRESS 1st Session H. R. 1242 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mr. Ribble introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) , and in addition to the Committees on the Judiciary 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 prohibit the use of drones to kill citizens of the United States within the United States. 1. Drones (a) Definitions In this section— (1) the term drone means an unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note)); (2) the term serious bodily injury has the meaning given that term in section 1365 of title 18, United States Code; and (3) the term United States as used in a territorial sense, has the meaning given that term in section 5 of title 18, United States Code. (b) Prohibition The Federal Government may not use a drone to kill a citizen of the United States who is located in the United States. The prohibition under this subsection shall not apply to an individual who poses an imminent threat of death or serious bodily injury to another individual. Nothing in this section shall be construed to suggest that the Constitution would otherwise allow the killing of a citizen of the United States in the United States without due process of law.

https://www.govinfo.gov/content/pkg/BILLS-113hr1242ih/xml/BILLS-113hr1242ih.xml

113-hr-1243

I 113th CONGRESS 1st Session H. R. 1243 IN THE HOUSE OF REPRESENTATIVES March 18, 2013 Mr. Ryan of Ohio (for himself and Mr. Langevin ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish within the Department of Education the Innovation Inspiration school grant program, and for other purposes. 1. Short title This Act may be cited as the Innovation Inspiration School Grant Program Act . 2. Findings Congress makes the following findings: (1) According to the National Science Board’s 2010 Science and Engineering Indicators, only 5 percent of American college graduates major in engineering. In Asia, about 20 percent of all baccalaureate degrees are in engineering and in China about 33 percent of baccalaureate degrees are in engineering. (2) Although 4th graders in the United States score well against international competition, students in the United States fall near the bottom or dead last by 12th grade in mathematics and science, respectively. (3) Admissions requirements for undergraduate engineering schools include a solid background in mathematics (algebra, geometry, trigonometry, and calculus) and science (biology, chemistry, and physics), in addition to courses in English, social studies, and humanities. (4) According to the Bureau of Labor Statistics, overall engineering employment is expected to grow by 11 percent from 2008 through 2018, and, as a group, engineers earn some of the highest average starting salaries among individuals holding baccalaureate degrees. (5) According to the Department of Labor, engineers should be creative, inquisitive, analytical, and detail-oriented. Engineers should be able to work as part of a team and to communicate well, both orally and in writing. Communication abilities are becoming increasingly important as engineers interact more frequently with specialists in a wide range of fields outside engineering. (6) Exposure to project- and problem-based learning, in a competitive team environment, gives 9th through 12th graders the skills that they need to be successful in engineering programs of study and engineering careers. (7) According to Brandeis University’s Center for Youth and Communities, participants in FIRST Robotics (a nonprofit organization that inspires young people to be science and technology leaders by engaging the young people in mentor-based programs)— (A) are more likely than nonparticipants to attend an institution of higher education on a full-time basis (88 percent versus 53 percent); (B) are nearly 2 times as likely to major in a science or engineering field; and (C) are more than 3 times as likely to have majored specifically in engineering. 3. Definitions In this Act: (1) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Low-income student The term low-income student means a student who is eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (3) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Secretary The term Secretary means the Secretary of Education. (5) STEM The term STEM means science, technology, engineering (including robotics), or mathematics. (6) Non-Traditional STEM Education Teaching Methods The term non-traditional STEM education teaching methods means a STEM education method or strategy such as incorporating self-directed student learning, inquiry-based learning, cooperative learning in small groups, collaboration with mentors in the field of study, and participation in STEM-related competitions. 4. Innovative inspiration school grant program (a) Goals of program The goals of the Innovation Inspiration grant program are— (1) to provide opportunities for local educational agencies to support non-traditional STEM education teaching methods; (2) to support the participation of students in nonprofit STEM competitions; (3) to foster innovation and broaden interest in, and access to, careers in the STEM fields by investing in programs supported by educators and professional mentors who receive hands-on training and ongoing communications that strengthen the interactions of the educators and mentors with— (A) students who are involved in STEM activities; and (B) other students in the STEM classrooms and communities of such educators and mentors; and (4) to encourage collaboration among students, engineers, and professional mentors. (b) Program authorized (1) In general The Secretary is authorized to award grants, on a competitive basis, to local educational agencies to enable the local educational agencies— (A) to promote STEM in secondary schools; (B) to support the participation of secondary school students in non-traditional STEM teaching methods; and (C) to broaden secondary school students' access to careers in STEM. (2) Duration The Secretary shall award each grant under this Act for a period of not more than 5 years. (3) Amounts The Secretary shall award a grant under this Act in an amount that is sufficient to carry out the goals of this Act. (c) Application (1) In general Each local educational agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents The application shall, at a minimum, include a description of how the local educational agency will— (A) carry out STEM teaching programs that will use a non-traditional STEM teaching method; (B) identify and recruit partners and mentors— (i) to help carry out the programs described in subparagraph (A); and (ii) to assist students who participate in such programs, including through technology-supported means; (C) support educators who lead such programs, and participants in such programs, through stipends or other incentives; (D) recruit young women and individuals from populations historically underrepresented in the STEM fields to participate in such programs; (E) identify public and private partners that can support such programs with cash or in-kind contributions; (F) plan for sustaining such programs financially beyond the grant period; and (G) evaluate the grant project and the results of the grant project among participating students, including— (i) comparing students who participate in the grant project to similar students who do not participate; and (ii) evaluating— (I) secondary school graduation rates; (II) rates of attendance at institutions of higher education; (III) the number of students taking advanced STEM related secondary school classes; and (IV) the ability of students participating in the grant project to partner with professional mentors. (3) Preference In awarding grants under this section, the Secretary shall give priority to applications from local educational agencies that propose to carry out activities that target— (A) a rural or urban school; (B) a low-performing school or local educational agency; or (C) a local educational agency or school that serves low-income students. (d) Uses of funds (1) In general Each local educational agency that receives a grant under this Act shall use the grant funds for any of the following: (A) STEM education and career activities Promotion of STEM education and career activities. (B) Purchase of parts The purchase of parts and supplies needed to support participation in non-traditional STEM teaching methods. (C) Teacher incentives and stipends Incentives and stipends for teachers involved in non-traditional STEM teaching methods outside of their regular teaching duties. (D) Support and expenses Support and expenses for student and team participation in regional and national nonprofit STEM competitions. (E) Additional materials and support Additional materials and support, such as equipment, facility use, technology, broadband access, and other expenses, directly associated with non-traditional STEM teaching and mentoring. (F) Evaluation Carrying out the evaluation described in subsection (c)(2)(G). (G) Other Activities Carrying out other activities that are related to the goals of the grant program, as described in subsection (a). (2) Prohibition A local educational agency shall not use grant funds awarded under this Act to participate in any STEM competition that is not a nonprofit competition. (3) Administrative costs Each local educational agency that receives a grant under this Act may use not more than 2 percent of the grant funds for costs related to the administration of the grant project. (e) Matching requirement (1) In general Subject to paragraph (2), each local educational agency that receives a grant under this Act shall secure, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 50 percent of the grant. The non-Federal contribution may be provided in cash or in kind. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for a local educational agency if the Secretary determines that applying the matching requirement would result in a serious financial hardship or a financial inability to carry out the goals of the grant project. (f) Supplement, not supplant Grant funds provided to a local educational agency under this Act shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this Act. (g) Evaluation The Secretary shall establish an evaluation program to determine the efficacy of the grant program established by this Act, which shall include comparing students participating in a grant project funded under this Act to similar students who do not so participate, in order to assess the impact of student participation on— (1) what courses a student takes in the future; and (2) a student's postsecondary study. (h) Authorization of appropriations (1) In general 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. (2) Limitations Of the amounts appropriated under paragraph (1) for a fiscal year, not more than 2 percent shall be used for the evaluation described under subsection (g).

https://www.govinfo.gov/content/pkg/BILLS-113hr1243ih/xml/BILLS-113hr1243ih.xml

113-hr-1244

I 113th CONGRESS 1st Session H. R. 1244 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Crawford (for himself, Mr. Griffin of Arkansas , Mr. Womack , and Mr. Cotton ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Richard B. Russell National School Lunch Act to provide flexibility to school food authorities in meeting certain nutritional requirements for the school lunch and breakfast programs, and for other purposes. 1. Short title This Act may be cited as the Sensible School Lunch Act . 2. Nutritional requirements for school lunch and breakfast programs (a) Additional reimbursement Section 4(b)(3)(A)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(3)(A)(ii)) is amended by adding at the end the following: (III) Maximum quantities The interim or final regulations required under this clause shall not establish a maximum quantity of grains, meat, or meat alternates that may be served in any meal or during any period of time of any school year. . (b) Rules Section 9(a)(4)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(4)(B)) is amended— (1) by striking Not later and inserting the following: (i) In general Subject to clause (ii), not later ; and (2) by adding at the end the following: (ii) Maximum quantities The rules required under clause (ii) shall not establish a maximum quantity of grains, meat, or meat alternates that may be served in any meal or during any period of time of any school year. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1244ih/xml/BILLS-113hr1244ih.xml

113-hr-1245

I 113th CONGRESS 1st Session H. R. 1245 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Thompson of Mississippi (for himself, Mr. Meehan , and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend title 49, United States Code, to require that individuals seeking training in the operation of certain aircraft be checked against the terrorist watchlist to ensure that such individuals are non-threats to aviation. 1. Short title This Act may be cited as the Flight School Security Act of 2013 . 2. Requirement that individuals seeking flight training are checked against the terrorist watchlist (a) In general Section 44939 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by redesignating subparagraphs (A) through (F) of paragraph (1) as clauses (i) through (vi), respectively; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (C) by striking 12,500 pounds and inserting 12,500 pounds— ; (D) by inserting before subparagraph (A), as redesignated by paragraph (2) of this subsection, a new paragraph (2); (E) by moving the text beginning with to an and all that follows through only if— to such paragraph (2); (F) by inserting before such paragraph (2) the following new paragraph (1): (1) to an individual seeking such training who does not hold a valid airman’s certification issued by the Federal Aviation Administration only upon receipt of information from the Assistant Secretary that— (A) the individual has been checked against the terrorist watchlist to ascertain if the individual may pose a threat to aviation or national security or a threat of terrorism; and (B) the Assistant Secretary has determined that the individual does not pose a threat that warrants denial of access to such training; and ; and (G) in the subsection heading by striking Waiting period.— and inserting Requirements; waiting period.— ; and (2) by adding at the end the following new subsection: (j) Annual report Not later than March 1 of each year, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the total number of individuals checked against the terrorist watchlist and total number of individuals denied access to flight training during the calendar year preceding the year in which the report is submitted, in accordance with this section. . (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.

https://www.govinfo.gov/content/pkg/BILLS-113hr1245ih/xml/BILLS-113hr1245ih.xml

113-hr-1246

I 113th CONGRESS 1st Session H. R. 1246 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the District of Columbia Home Rule Act to provide that the District of Columbia Treasurer or one of the Deputy Chief Financial Officers of the Office of the Chief Financial Officer of the District of Columbia may perform the functions and duties of the Office in an acting capacity if there is a vacancy in the Office. 1. Short title This Act may be cited as the District of Columbia Chief Financial Officer Vacancy Act . 2. Authorizing district of columbia treasurer or deputy chief financial officer of office of chief financial officer of the district of columbia to serve as acting chief financial officer in event of vacancy in office (a) Authorizing service in acting capacity in event of vacancy in office Section 424(b) of the District of Columbia Home Rule Act (sec. 1–204.24(b), D.C. Official Code) is amended by adding at the end the following new paragraph: (3) Authorizing treasurer or deputy CFO to perform duties in acting capacity in event of vacancy in office (A) Service as CFO (i) In general Except as provided in clause (ii), if there is a vacancy in the Office of Chief Financial Officer because the Chief Financial Officer has died, resigned, or is otherwise unable to perform the functions and duties of the Office— (I) the District of Columbia Treasurer shall serve as the Chief Financial Officer in an acting capacity, subject to the time limitation of subparagraph (B); or (II) the Mayor may direct one of the Deputy Chief Financial Officers of the Office referred to in subparagraphs (A) through (D) of subsection (a)(3) to serve as the Chief Financial Officer in an acting capacity, subject to the time limitation of subparagraph (B). (ii) Exclusion of certain individuals Notwithstanding clause (i), an individual may not serve as the Chief Financial Officer under such clause if the individual did not serve as the District of Columbia Treasurer or as one of such Deputy Chief Financial Officers of the Office of the Chief Financial Officer (as the case may be) for at least 90 days during the 1-year period which ends on the date the vacancy occurs. (B) Time limitation A vacancy in the Office of the Chief Financial Officer may not be filled by the service of any individual in an acting capacity under subparagraph (A) after the expiration of the 210-day period which begins on the date the vacancy occurs. . (b) Conforming amendment Section 424(b)(2)(D) of such Act (sec. 1–204.24(b)(2)(D), D.C. Official Code) is amended by striking Any vacancy and inserting Subject to paragraph (3), any vacancy . (c) Effective date The amendments made by this Act shall apply with respect to vacancies occurring on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1246ih/xml/BILLS-113hr1246ih.xml

113-hr-1247

I 113th CONGRESS 1st Session H. R. 1247 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Sean Patrick Maloney of New York (for himself and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Crop Insurance Act to support crop insurance for specialty crops, and for other purposes. 1. Short title This Act may be cited as the Creating Reliability for Our Producers Act or CROP Act . 2. Advance payments for underserved regions and crops Section 522(b)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(b)(2) ) is amended by striking subparagraph (E) and inserting the following: (E) Approval (i) In general The Board may approve up to 75 percent of the projected total research and development costs to be paid in advance to an applicant, in accordance with the procedures developed by the Board for the making of the payments, if, after consideration of the reviewer reports described in subparagraph (D) and such other information as the Board determines appropriate, the Board determines— (I) the concept, in good faith, will likely result in a viable and marketable policy consistent with section 508(h); (II) in the sole opinion of the Board, the concept, if developed into a policy and approved by the Board, would provide crop insurance coverage— (aa) in a significantly improved form; (bb) to a crop or region not traditionally served by the Federal crop insurance program; or (cc) in a form that addresses a recognized flaw or problem in the program; (III) the applicant agrees to provide such reports as the Corporation determines are necessary to monitor the development effort; (IV) the proposed budget and timetable are reasonable; and (V) the concept proposal meets any other requirements that the Board determines appropriate. (ii) Waiver The Board may waive the cap specified in clause (i) on the advance payment of costs and pay more of the projected total research and development costs in advance if, in the sole discretion of the Board, the Board determines that the concept proposal provides coverage for a region or crop that is underserved by the Federal crop insurance program, including specialty crops. . 3. Authority to conduct research and development (a) In general Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended— (1) in the subsection heading by striking contracting ; (2) in paragraph (1), in the matter preceding subparagraph (A), by striking may enter into contracts to carry out research and development to and inserting may conduct activities or enter into contracts to carry out research and development to maintain or improve existing policies or develop new policies to ; (3) in paragraph (2)— (A) in subparagraph (A), by inserting conduct research and development or after The Corporation may ; and (B) in subparagraph (B), by inserting conducting research and development or after Before ; (4) in paragraph (5), by inserting after expert review in accordance with section 505(e) after approved by the Board ; and (5) in paragraph (6), by striking a pasture, range, and forage program and inserting policies that increase participation by producers of underserved agricultural commodities, including specialty crops . (b) Funding Section 522(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(e) ) is amended— (1) in paragraph (2)— (A) by striking (A) Authority .— and inserting (A) Conducting and contracting for research and development .— ; (B) in subparagraph (A), by inserting conduct research and development and after the Corporation may use to ; and (C) in subparagraph (B), by inserting conduct research and development and after for the fiscal year to ; (2) in paragraph (3), by striking to provide either reimbursement payments or contract payments ; and (3) by striking paragraph (4).

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113-hr-1248

I 113th CONGRESS 1st Session H. R. 1248 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Paulsen (for himself, Mr. Tiberi , Mr. Boustany , Mr. Pitts , Mr. Chabot , Mr. Duncan of Tennessee , Mr. Roe of Tennessee , Mr. Alexander , Mrs. Blackburn , Mr. Harper , Mr. Westmoreland , Mr. Ross , Mr. Latham , Mr. McKinley , Mr. Conaway , Mr. Jones , Mr. Gibbs , Mr. Nunnelee , Mr. Womack , Mr. Schock , Mr. Sessions , Mr. Broun of Georgia , Mr. Latta , Mr. Yoder , Mr. Barr , Mr. Collins of New York , Mr. Burgess , Mr. Gerlach , Mr. Griffith of Virginia , Mr. Johnson of Ohio , Mr. Long , Mr. McCaul , Mr. Stutzman , Mr. Lamborn , Mr. Bucshon , and Mr. Harris ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Patient Protection and Affordable Care Act to repeal certain limitations on health care benefits. 1. Short title This Act may be cited as the Family Health Care Flexibility Act . 2. Repeal of distributions for medicine qualified only if for prescribed drug or insulin Section 9003 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and the amendments made by such section are repealed; and the Internal Revenue Code of 1986 shall be applied as if such section, and amendments, had never been enacted. 3. Repeal of limitation on health flexible spending arrangements under cafeteria plans Sections 9005 and 10902 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and section 1403 of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ) and the amendments made by such sections are repealed.

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113-hr-1249

I 113th CONGRESS 1st Session H. R. 1249 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mrs. McMorris Rodgers (for herself, Ms. Loretta Sanchez of California , Mr. Carter , Mr. Barrow of Georgia , Mrs. Ellmers , Mr. Cuellar , Mr. Diaz-Balart , Mr. Rokita , Mr. Ribble , Mr. Hinojosa , Mr. Rogers of Michigan , Mr. Womack , Mr. Griffith of Virginia , Mr. Huizenga of Michigan , and Mr. Walberg ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 403 of the Federal Food, Drug, and Cosmetic Act to improve and clarify certain disclosure requirements for restaurants, similar retail food establishments, and vending machines. 1. Short title This Act may be cited as the Common Sense Nutrition Disclosure Act of 2013 . 2. Amending certain disclosure requirements for restaurants, similar retail food establishments, and vending machines Section 403(q)(5)(H) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended— (1) in subclause (ii)— (A) in item (I)(aa) by striking the number of calories contained in the standard menu item, as usually prepared and offered for sale and inserting the number of calories contained in the whole product, or the number of servings and number of calories per serving, or the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer ; (B) in item (II)(aa), by striking the number of calories contained in the standard menu item, as usually prepared and offered for sale and inserting the number of calories contained in the whole product, or the number of servings and number of calories per serving, or the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer ; and (C) by adding at the end the following flush text: In the case of restaurants or similar retail food establishments where the majority of orders are placed by customers who are off-premises at the time such order is placed, the information required to be disclosed under this subclause may be provided by a remote-access menu, such as one available on the internet, instead of an on-premises menu. ; (2) in subclause (iv)— (A) by striking For the purposes of this clause, , inserting the following (and indenting the text that follows appropriately): (I) In general For the purposes of this clause, ; (B) by striking and other reasonable means and inserting or other reasonable means ; and (C) by adding at the end the following: (II) Reasonable basis defined For purposes of this subclause, with respect to a nutrient disclosure, the term reasonable basis means that the nutrient disclosure is within acceptable allowances for variation in nutrient content. Such acceptable allowances shall include allowances for variation in serving size, inadvertent human error in formulation of menu items, and variations in ingredients. ; (3) in subclause (v)— (A) by inserting contained in the whole product, or the number of servings and information per serving, or the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer, before that come in different flavors, varieties, or combinations, ; (B) by striking , through means determined by the Secretary, including ranges, averages, or other methods ; and (C) by adding at the end, after the period, the following: A restaurant or similar retail food establishment may determine and disclosure such content by using any of the following methods: ranges, averages, individual labeling of flavors or components; or labeling of one preset standard build. In addition to such methods, the Secretary may allow the use of other methods, to be determined by the Secretary, for which there is a reasonable basis (as such term is used in subclause (iv)). ; and (4) in subclause (xi)— (A) in the heading, by striking Definition and inserting Definitions ; (B) by striking clause, the term menu and inserting the following (and indenting the text that follows appropriately): clause: (I) Menu; Menu board The term menu ; and (C) by adding at the end the following: (II) Preset standard build The term preset standard build means the finished version of a menu item most commonly ordered by consumers. (III) Restaurant or similar retail food establishment The term restaurant or similar retail food establishment means a retail food establishment that derives more than 50 percent of its total revenue from the sale of food of the type described in subclause (i) or (ii) of clause (A). .

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113-hr-1250

I 113th CONGRESS 1st Session H. R. 1250 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Graves of Missouri (for himself, Mr. Schiff , Mr. Hanna , Mr. Huelskamp , Mr. Loebsack , Mr. Owens , Mr. Farr , Mr. Pompeo , Mr. Long , Mr. King of Iowa , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to improve operations of recovery auditors under the Medicare integrity program, to increase transparency and accuracy in audits conducted by contractors, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Medicare Audit Improvement Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Combined additional documentation request limit. Sec. 3. Improvement of recovery auditor operations. Sec. 4. Greater transparency of recovery auditor performance. Sec. 5. Accurate payment for rebilled claims. Sec. 6. Requirement for physician validation for medical necessity denials. Sec. 7. Assuring due process in application of guidelines for reopening and revision of determinations. 2. Combined additional documentation request limit (a) Establishment of limits per hospital The Secretary of Health and Human Services shall establish a process under which the number of additional documentation requests made to a hospital (as defined in subsection (c)(3)) by Medicare contractors (as defined in subsection (c)(1)) pursuant to prepayment and postpayment audits that require a hospital to submit a medical record for audit purposes, as required under chapter 3 of the Medicare Program Integrity Manual, or otherwise, shall be subject to a single, combined maximum limit of additional documentation requests per year for the Medicare contractors specified in subsection (c)(1). However, such maximum limit shall be applied incrementally as a limit for requests for additional documentation in 45-day periods during the year so that the maximum number of such requests in a 45-day period is 500 or, in the case of a hospital that receives less than $100,000,000 in Medicare inpatient hospital payments in the previous year, 350. (b) Establishment of percentage-Based limits per claim type In addition to the limit established under subsection (a), the Secretary shall establish a distinct additional documentation request limit for each hospital claim type (as defined in subsection (c)(2)) for each hospital for a 45-day period in a year. For a hospital for each hospital claim type for a 45-day period in a calendar year, the additional documentation request limit under this subsection for a claim type shall be 2 percent of the total number of hospital discharges for such hospital for the previous calendar year divided by 8. (c) Definitions In this section: (1) Medicare contractor The term Medicare contractor means any of the following: (A) A Medicare administrative contractor under section 1874A of the Social Security Act (42 U.S.C. 1395kk), including a fiscal intermediary and a carrier under sections 1816 and 1842, respectively. (B) A recovery audit contractor under section 1893(h) of such Act ( 42 U.S.C. 1395ddd(h) ). (C) A Comprehensive Error Rate Testing (CERT) program contractor with a contract with the Secretary of Health and Human Services to review error rates under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (2) Hospital claim type Each of the following shall be considered a separate hospital claim type : (A) IPPS A claim for payment under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) made by a hospital for furnishing inpatient hospital services. (B) Outpatient hospital services A claim for payment under section 1833(t) of such Act ( 42 U.S.C. 1395l(t) ) made by a hospital for furnishing covered OPD services. (C) CAH services A claim for payment for inpatient or outpatient critical access hospital services, whether under section 1814(l) of such Act ( 42 U.S.C. 1395f(l) ) or under section 1834(g) of such Act ( 42 U.S.C. 1395m(g) ). (D) Inpatient rehabilitation services A claim for payment under section 1886(j) of such Act ( 42 U.S.C. 1395ww(j) ) made by a hospital for furnishing inpatient rehabilitation services. (E) Other inpatient services A claim for payment under any other provision of section 1886 of such Act ( 42 U.S.C. 1395ww ) made by a hospital for furnishing inpatient hospital services, such as subsection (s) (relating to inpatient hospital services furnish by a psychiatric hospital) or subsection (m) (relating to inpatient hospital services furnish by a long term care hospital). (F) Skilled nursing facility services A claim for payment under section 1888(e) of such Act ( 42 U.S.C. 1395yy(e) ) made by a hospital for furnishing covered skilled nursing facility services. (3) Hospital The term hospital means the campus of a hospital (as defined in subsection (e) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x )) or of a psychiatric hospital (as defined in subsection (f) of such section), a comprehensive outpatient rehabilitation facility (as defined in subsection (cc)(2) of such section), a critical access hospital (as defined in subsection (mm) of such section), or a long-term care hospital (as defined in subsection (ccc) of such section), as identified by the tax identification number of the hospital, and includes all inpatient hospital facilities under such number located in the same area as such campus. (d) Effective date This section takes effect on the date of the enactment of this Act and shall apply with respect to claims submitted for payment under title XVIII of the Social Security Act for items or services furnished by providers of services or suppliers on or after the first day of the first month beginning 60 days after the date of the enactment of this Act. 3. Improvement of recovery auditor operations (a) Recovery auditors (1) In general Section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)) is amended by adding at the end the following new paragraph: (10) Mandatory terms and conditions under contracts with recovery audit contractors In addition to such other terms and conditions as the Secretary may require under contracts with recovery audit contractors under this subsection with respect to a hospital, including a psychiatric hospital (as defined in section 1861(f)), the Secretary shall ensure each of the following requirements are included under such contracts: (A) Penalties for certain compliance failures (i) In general Each such contract shall provide for the imposition of financial penalties by the Secretary under such contract in the case of any recovery audit contractor with respect to which the Secretary determines there is a pattern of failure by such contractor to meet any program requirement described in clause (ii). The Secretary shall establish the amount of financial penalties and the periodicity under which such penalties shall be imposed under this subparagraph, in no case less often than annually. (ii) Program requirement described For purposes of this subparagraph, each of the following requirements under the statement of work for a recovery audit contractor constitutes a program requirement with respect to which failure to meet such requirement shall result in the imposition of a financial penalty under clause (i): (I) Audit deadline Completing a determination with respect to each audit of a hospital the recovery audit contractor conducts within the timeframes applicable under guidelines of the Secretary. (II) Timely communication In the case of a denial of a claim of a hospital, furnishing the hospital the required notice of the pending denial in a timely fashion consistent with claims and appeals timeframes specified in guidelines of the Secretary. (B) Penalty for overturned appeals (i) In general Each such contract shall require a recovery audit contractor to pay a fee to the prevailing party in the case of a claim denial that is overturned on appeal. (ii) Fee amount The amount of the fee payable by a recovery audit contractor to a prevailing party under clause (i) shall be determined under a fee schedule established by the Secretary for such purpose. The amount of such fee under such fee schedule shall reflect the cost incurred by a typical hospital in appealing a claim denied by a recovery audit contractor. (C) Postpayment and prepayment audits (i) Requiring focus on widespread payment errors (I) In general The Secretary shall not approve the conduct of a postpayment or prepayment medical necessity audit by a recovery audit contractor unless such review addresses a widespread payment error rate (as defined in clause (ii)). (II) Cessation of audit A recovery audit contractor that commences an audit under subclause (I) shall cease such audit or any similar audits, if upon annual review, the applicable payment error rate is no longer a widespread payment error rate (as so defined). (ii) Widespread payment error rate defined (I) In general In this subparagraph, the term widespread payment error rate means, with respect to medical necessity reviews conducted by a recovery audit contractor, a payment error rate that exceeds the rate specified in subclause (II) for a particular medical necessity audit determined by the Secretary using a statistically significant sampling of claims submitted by hospitals in the jurisdiction of the recovery audit contractor and adjusted to take into account claim denials overturned on appeal. (II) Rate specified The rate specified in this subclause is 40 percent, except that the Secretary shall annually evaluate such rate and reduce it as necessary to account for changes in payment error rates with the aim of continued, steady improvement of billing practices. (D) Guidelines for prepayment review (i) In general A recovery audit contractor may conduct prepayment review only in the manner provided under prepayment review guidelines (described in clause (ii)) established by the Secretary. (ii) Consistent prepayment review guidelines For purposes of prepayment review activities authorized under this subsection and section 1874A(h) (relating to prepayment review by medicare administrative contractors), the Secretary shall establish guidelines under which consistent criteria for minimum payment error rates or improper billing practices occasion prepayment review by contractors under this subsection and section 1874A. Such guidelines shall include criteria and timeframes for termination of prepayment review. . (2) Conforming amendment to apply financial penalties imposed on recovery contractors to the trust funds Section 1893(h)(2) of the Social Security Act (42 U.S.C. 1395ddd(h)(2)) is amended by inserting , and amounts collected by the Secretary under paragraph (10)(A)(i) (relating to financial penalties for contractor compliance failures), after paragraph (1)(C) . (b) Conforming amendment for medicare administrative contractors Section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 ) is amended by adding at the end the following new subsection: (h) Mandatory terms and conditions under contracts with medicare administrative contractors In addition to such other terms and conditions as the Secretary may require under contracts with medicare administrative contractors under this section with respect to a hospital, including a psychiatric hospital (as defined in section 1861(f)), the Secretary shall ensure each of the following requirements are included under such contracts: (1) Postpayment and prepayment audits (A) Requiring focus on widespread payment errors (i) In general The Secretary shall not approve the conduct of a postpayment or prepayment medical necessity audit by a medicare administrative contractor unless such review addresses a widespread payment error rate (as defined in subparagraph (B)). (ii) Cessation of audit A medicare administrative contractor that commences an audit under clause (i) shall cease such audit or any similar audits, if upon annual review, the applicable payment error rate is no longer a widespread payment error rate (as so defined). (B) Widespread payment error rate defined In this paragraph, the term widespread payment error rate means, with respect to medical necessity reviews conducted by a medicare administrative contractor, a payment error rate of 40 percent or greater for a particular medical necessity audit determined by the Secretary using a statistically significant sampling of claims submitted by hospitals in the jurisdiction of the medicare administrative contractor and adjusted to take into account claim denials overturned on appeal. (2) Guidelines for prepayment review A medicare administrative contractor may only conduct prepayment review in the manner provided under prepayment review guidelines established by the Secretary under section 1893(h)(10)(D)(ii). . (c) Effective date The amendments made by this section shall apply to contracts entered into or renewed with recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) ) and medicare administrative contractors under section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 ) on or after the date of the enactment of this Act. 4. Greater transparency of recovery auditor performance (a) Annual publication of relevant performance information Section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) ), as amended by section 3(a), is further amended by adding at the end the following new paragraph: (11) Information on recovery audit contractor performance With respect to each recovery audit contractor with a contract under this section for a contract year, the Secretary shall publish on the Internet website of the Centers for Medicare & Medicaid Services the following information with respect to the performance of each such recovery audit contractor: (A) Publicly available information on audit rates, denials, and appeals outcomes With respect to the performance of each such recovery audit contractor during a contract year, the Secretary shall post on such Internet website the following information: (i) Audits The aggregate number of claims audited by the recovery audit contractor during the contract year involved, as well as the number of audits of each of the following audit types (each in this paragraph referred to as an audit type ): (I) Automated. (II) Complex. (III) Medical necessity review. (IV) Part A claims. (V) Part B claims. (VI) Durable medical equipment claims. (VII) Part A medical necessity. (ii) ADR requests The aggregate number of requests for medical records, referred to as additional documentation requests, for each audit type during the contract year involved. (iii) Denials The aggregate number of denials for each audit type made by the recovery audit contractor during the contract year involved. (iv) Denial rates The denial rate of the recovery audit contractor during the contract year involved for part A claims, part B claims, and durable medical equipment claims for each audit type during the contract year involved. (v) Appeals The aggregate number of appeals filed by providers of services and suppliers with respect to denials for each audit type made by the recovery audit contractor during the contract year involved. (vi) Appeals rates The aggregate rate of appeals filed by providers of services and suppliers with respect to denials for each audit type made by the recovery audit contractor during the contract year involved. (vii) Appeals volume and outcomes at each of the 5 stages of appeal For claims denied by a recovery audit contractor, the number of claims during the contract year that were appealed by the provider, the number of concluded appeals that did not advance to a subsequent appeals stage, and the number and percentage of completed appeals that were decided in favor of the provider, for each level of appeal as follows: (I) Reconsideration by the relevant medicare contractor. (II) Redetermination by a qualified independent contractor. (III) Administrative law judge hearing. (IV) Medicare Appeals Council review. (V) United States District Court judicial review. (viii) Net denials; net denial rates The net denials for each audit type, calculated as the number of denials for such audit type under clause (iii) minus the number of such denials that are overturned on appeal and the net denial rate for each audit type, calculated in the same manner as denial rates under clause (iv) but subtracting from denials those denials that are overturned on appeal (B) Public availability of independent performance evaluation The Secretary shall make available on such Internet website the results of any performance evaluation with respect to each recovery audit contractor conducted by an independent entity selected by the Secretary for such purpose. Each performance evaluation shall include in its results for posting on such Internet website a determination of annual error rates of the recovery audit contractor for each audit type and the net denials and net denial rates described in subparagraph (A)(viii). . (b) Effective date The amendment made by subsection (a) shall apply to contracts entered into or renewed with recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) ) on or after the date of the enactment of this Act. 5. Accurate payment for rebilled claims (a) Rebilling under part b inpatient claims denied based on site of service where services found medically necessary at the outpatient level (1) Recovery auditors Section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)), as amended by sections 3(a) and 4(a), is further amended by adding at the end the following new paragraph: (12) Treatment of resubmission of specified claims as original claims (A) Treatment as original claim The resubmission of a specified claim (as defined in subparagraph (C)) shall be deemed to be an original claim for purposes of— (i) payment under part B; and (ii) provisions under this title relating to— (I) the authority of a hospital to resubmit a claim for payment under the appropriate section of this title; and (II) requirements for the timely submission of claims, including under sections 1814(a), 1842(b)(3), and 1835(a). (B) Payment for items and services under resubmitted claim Payment shall be made for a specified claim resubmitted under subparagraph (A) for all the items and services furnished for which payment may be made under part B. (C) Definitions In this paragraph: (i) Specified claim (I) In general The term specified claim means a claim submitted by a hospital for payment under part A for inpatient hospital services which a recovery audit contractor (or entity adjudicating a provider appeal of a Medicare claim denied payment by a recovery audit contractor) determines, subject to subclause (II), that the inpatient hospital services were not medically necessary and reasonable under section 1862(a)(1)(A). (II) Requirements for determination A recovery audit contractor or entity adjudicating such provider appeal shall, before completing a determination described in subclause (I), assess and make a specific finding as to whether the denied inpatient hospital services were medically necessary and reasonable in an outpatient setting of the hospital. (ii) Resubmission The term resubmission includes, with respect to a specified claim of a hospital, the submission by the hospital of a new claim or of an adjusted original claim. . (2) Conforming amendment for medicare administrative contractors Subsection (h) of section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 ), as added by section 3(b), is further amended by adding at the end the following new paragraph: (3) Treatment of resubmission of specified claims as original claims (A) Treatment as original claim The resubmission of a specified claim (as defined in subparagraph (C)) shall be deemed to be an original claim for purposes of— (i) payment under part B; and (ii) provisions under this title relating to— (I) the authority of a hospital to resubmit a claim for payment under the appropriate section of this title; and (II) requirements for the timely submission of claims, including under sections 1814(a), 1842(b)(3), and 1835(a). (B) Payment for items and services under resubmitted claim Payment shall be made for a specified claim resubmitted under subparagraph (A) for all the items and services furnished for which payment may be made under part B. (C) Definitions In this paragraph: (i) Specified claim (I) In general The term specified claim means a claim submitted by a hospital for payment under part A for inpatient hospital services which a medicare administrative contractor (or entity adjudicating a hospital appeal of a Medicare claim denied payment by a medicare administrative contractor) determines, subject to subclause (II), that the inpatient hospital services were not medically necessary and reasonable under section 1862(a)(1)(A). (II) Requirements for determination A medicare administrative contractor or entity adjudicating such provider appeal shall, before completing a determination described in subclause (I), assess and make a specific finding as to whether the denied inpatient hospital services were medically necessary and reasonable in an outpatient setting of the hospital. (ii) Resubmission The term resubmission includes, with respect to a specified claim of a hospital, the submission by the hospital of a new claim or of an adjusted original claim. . (3) Conforming amendment for cert contractors (A) Treatment of resubmission of specified claims as original claims A Comprehensive Error Rate Testing (CERT) program contractor with a contract with the Secretary of Health and Human Services to review error rates under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) shall deem the resubmission of a specified claim (as defined in subparagraph (C)) as an original claim for purposes of— (i) payment under part B of such title XVII; and (ii) provisions under such title relating to— (I) the authority of a hospital to resubmit a claim for payment under the appropriate section of such title; and (II) requirements for the timely submission of claims, including under sections 1814(a), 1842(b)(3), and 1835(a) of such Act ( 42 U.S.C. 1395f(a) , 1395u(b)(3), and 1395n(a), respectively). (B) Payment for items and services under resubmitted claim Payment shall be made for a specified claim resubmitted under subparagraph (A) for all the items and services furnished for which payment may be made under part B of such title XVIII. (C) Definitions In this paragraph: (i) Specified claim (I) In general The term specified claim means a claim submitted by a hospital (as defined in section 1861(e) of such Act (42 U.S.C. 1395x(e))) for payment under title XVIII of such Act for inpatient hospital services which a Comprehensive Error Rate Testing (CERT) program contractor (or entity adjudicating a hospital appeal of a Medicare claim denied payment by a CERT program contractor) determines the inpatient hospital services were not medically necessary and reasonable under section 1862(a)(1)(A) of such Act (42 U.S.C. 1395y(a)(1)(A)). (II) Requirements for determination A CERT program contractor or entity adjudicating such provider appeal shall, before completing a determination described in subclause (I), assess and make a specific finding as to whether the denied inpatient hospital services were medically necessary and reasonable in an outpatient setting of the hospital. (ii) Resubmission The term resubmission includes, with respect to a specified claim of a hospital, the submission by the hospital of a new claim or of an adjusted original claim. (iii) Effective date The amendments made by paragraphs (1) and (2), and the provisions of paragraph (3), shall apply to contracts entered into or renewed with recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) ), medicare administrative contractors under section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 ) and Comprehensive Error Rate Testing (CERT) program contractors, respectively, on or after the date of the enactment of this Act. (b) Treatment of audited claims as reopened (1) Recovery auditors Section 1893(h)(4) of the Social Security Act (42 U.S.C. 1395ddd(h)(4)) is amended by adding after and below subparagraph (B) the following: For purposes of the ability of a hospital to resubmit a claim for payment under the appropriate section of this title and for purposes of requirements for the timely submission of claims by hospitals, including under sections 1814(a), 1842(b)(3), and 1835(a), any claim that is the subject of an audit by a recovery audit contractor with a contract under this section shall be deemed to be a reopened claim. Such reopened claims are not subject to the timely filing limitations under such sections (and related regulations) and shall be adjusted and paid without regard to such timely filing limitations. . (2) Conforming amendment for medicare administrative contractors Section 1874A(h) of the Social Security Act ( 42 U.S.C. 1395kk–1(h) ), as added by section 3(b) and as amended by subsection (a)(2), is further amended by adding at the end the following new paragraph: (4) Treatment of audited claims as reopened For purposes of the ability of a hospital to resubmit a claim for payment under the appropriate provisions of this title and for purposes of requirements for the timely submission of claims by hospitals, including under sections 1814(a), 1842(b)(3), and 1835(a), any claim that is the subject of an audit by a medicare administrative contractor with a contract under this section shall be deemed to be a reopened claim. Such reopened claims are not subject to the timely filing limitations under such sections (and related regulations) and shall be adjusted and paid without regard to such timely filing limitations. . (3) Conforming amendment for CERT contractors (A) Treatment of audited claims as reopened Any claim made for payment for services furnished by a hospital under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) that is the subject of an audit by a Comprehensive Error Rate Testing (CERT) program contractor with a contract with the Secretary of Health and Human Services shall be deemed to be a reopened claim for purposes of the ability of such hospital to resubmit a claim for payment under the appropriate provisions of such title XVIII and for purposes of requirements for the timely submission of claims by hospitals under such title XVIII, including under sections 1814(a), 1842(b)(3), and 1835(a) of the Social Security Act (42 U.S.C. 1395f(a), 1395u(b)(3), and 1395n(a), respectively). Such reopened claims are not subject to the timely filing limitations under such sections (and related regulations) and shall be adjusted and paid without regard to such timely filing limitations. (B) Definition In this paragraph, the term hospital has the meaning given such term in subsection (e) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x ), and includes a psychiatric hospital as defined in subsection (f) of such section. (4) Effective date The amendments made by paragraphs (1) and (2), and the provisions of paragraph (3), shall take effect on the date of the enactment of this Act and apply to claims subject to audit on or after September 1, 2010. 6. Requirement for physician validation for medical necessity denials (a) Recovery auditors Section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)), as amended by sections 3(a), 4(a), and 6(a)(1), is further amended by adding at the end the following new paragraph: (13) Physician validation of medical necessity denials made by non-physician reviewers (A) In general Each contract under this section for a recovery audit contractor shall require that a physician (as defined in section 1861(r)(1)) review each denial of a claim for medical necessity when a medical necessity review of such claim is performed and a denial is made by an employee of the contractor who is not a physician (as so defined). (B) Determination; validation A physician reviewing a claim under subparagraph (A) shall— (i) make a determination whether the denial of the claim under the medical necessity review by the non-physician employee is appropriate; (ii) sign and certify such determination; and (iii) append such signed and certified determination to the claim file. (C) Treatment as medically necessary A claim with respect to which a denial has been made as described in subparagraph (A) for which the physician determines the denial is not appropriate under subparagraph (B) shall be deemed to be medically necessary. (D) Medical necessity review defined In this paragraph, the term medical necessity review means, with respect to an audit of a claim of a provider of services or supplier, a review conducted by a recovery audit contractor for the purpose of determining whether an item or service furnished for which the claim is filed by such provider of services or supplier is reasonable and necessary for the diagnosis or treatment of illness or injury under section 1862(a)(1)(A). . (b) Conforming amendment to medicare administrative contractors Subsection (h) of section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 ), as added by section 3(b) and as amended by subsections (a)(2) and (b)(2) of section 6, is further amended by adding at the end the following new paragraph: (5) Physician validation of medical necessity denials made by non-physician reviewers (A) In general A physician (as defined in section 1861(r)(1)) shall review each denial of a claim for medical necessity when a medical necessity review of such claim is performed and a denial is made by an employee of the contractor who is not a physician (as so defined). (B) Determination; validation A physician reviewing a claim under subparagraph (A) shall— (i) make a determination whether the denial of the claim under the medical necessity review by the non-physician employee is appropriate; (ii) sign and certify such determination; and (iii) append such signed and certified determination to the claim file. (C) Treatment as medically necessary A claim with respect to which a denial has been made as described in subparagraph (A) for which the physician determines the denial is not appropriate under subparagraph (B) shall be deemed to be medically necessary. (D) Medical necessity review defined In this paragraph, the term medical necessity review means, with respect to an audit of a claim of a provider of services or supplier, a review conducted by a medicare administrative contractor for the purpose of determining whether an item or service furnished for which the claim is filed by such provider of services or supplier is reasonable and necessary for the diagnosis or treatment of illness or injury under section 1862(a)(1)(A). . (c) Conforming requirement for CERT contractors (1) Contract requirement for physician validation of medical necessity denials made by non-physician reviewers The Secretary of Health and Human Services shall require under each contract with a Comprehensive Error Rate Testing (CERT) program contractor to review error rates under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) that the CERT program contractor ensure that a physician (as defined in section 1861(r)(1) of such Act ( 42 U.S.C. 1395x(r)(1) )) reviews each denial of a claim for medical necessity when a medical necessity review of such claim is performed and a denial is made by an employee of the contractor who is not a physician (as so defined). (2) Determination; validation A physician reviewing a claim under paragraph (1) shall— (A) make a determination whether the denial of the claim under the medical necessity review by the non-physician employee is appropriate; (B) sign and certify such determination; and (C) append such signed and certified determination to the claim file. (3) Treatment as medically necessary A claim with respect to which a denial has been made as described in paragraph (1) for which the physician determines the denial is not appropriate under paragraph (2) shall be deemed to be medically necessary. (4) Medical necessity review defined In this subsection, the term medical necessity review means, with respect to an audit of a claim of a provider of services or supplier, a review conducted by a CERT program contractor for the purpose of determining whether an item or service furnished for which the claim is filed by such provider of services or supplier is reasonable and necessary for the diagnosis or treatment of illness or injury under section 1862(a)(1)(A) of the Social Security Act (42 U.S.C. 1395y(a)(1)(A)). (d) Effective date The amendments made by subsections (a) and (b), and the provisions of subsection (c), shall apply to contracts entered into or renewed with recovery audit contractors under section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) ), medicare administrative contractors under section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 ) and Comprehensive Error Rate Testing (CERT) program contractors, respectively, on or after the date of the enactment of this Act. 7. Assuring due process in application of guidelines for reopening and revision of determinations Section 1869(b)(1)(G) of the Social Security Act ( 42 U.S.C. 1395ff(b)(1)(G) ) is amended by adding at the end the following: The Secretary’s compliance with such guidelines shall be subject to administrative and judicial review under this section. .

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113-hr-1251

I 113th CONGRESS 1st Session H. R. 1251 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mrs. Negrete McLeod (for herself, Mr. Hinojosa , Mr. Grijalva , Mrs. Napolitano , Ms. Wilson of Florida , Mr. Lowenthal , Mr. Ben Ray Luján of New Mexico , Mr. Vargas , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To authorize the Secretary of Veterans Affairs to make grants with minority serving institutions for the purpose of establishing verified delivery systems to address social and academic problems facing veterans enrolled at such institutions, and for other purposes. 1. Short title This Act may be cited as the Veteran Excellence Through Education Act of 2013 . 2. Department of Veterans Affairs grants to minority serving institutions to address social and academic problems facing veterans (a) In general The Secretary of Veterans Affairs may make grants to minority serving institutions for the purpose of establishing verified delivery systems to address social and academic problems facing veterans enrolled at such institutions. (b) Use of funds The recipient of a grant under this section shall use the grant funds to carry out any of the following activities for veterans enrolled at the institution receiving the grant: (1) Providing education services, including post-secondary education, courses in English as a second language, general education development preparation, financial literacy workshops and courses, generational diversity awareness programs, and health and wellness programs. (2) Activities designed to increase access to workforce services, including on-job training, internships, skills training, job placement, and personal development. (3) Other types of support services, including health and nutrition services, housing assistance, transportation, and child care. (4) Establishing a center for veteran student success on the campus of the institution to provide a single point of contact to coordinate comprehensive support services for veterans who are enrolled in a program of education offered by the institution. (5) Establishing a veteran support team, including representatives from the offices of the institution responsible for admissions, registration, financial aid, veterans benefits, academic advising, student health, personal or mental health counseling, career advising, and disabilities services, and any other office of the institution that provides support to veteran students on campus. (6) Providing a coordinator whose primary responsibility is to coordinate the activities carried out under the grant. (7) Monitoring the rates of enrollment, persistence, and completion of veterans who are enrolled in a program of education offered by the institution. (8) Developing a plan to sustain a center described in paragraph (4) after the institution no longer receives funds under this section. (9) Providing outreach to veterans to encourage them to enroll in a program of education offered by the institution. (10) Providing supportive instructional services for veterans enrolled in a program of education offered by the institution, including— (A) personal, academic, and career counseling; (B) tutoring and academic skill-building assistance; and (C) assistance with special admissions and transferring credits from previously attended institutions of higher learning or other relevant credits. (11) Providing assistance to veterans admitted for enrollment in a program of education offered by the institution in obtaining student financial aid. (12) Providing housing support for veterans enrolled in a program of education offered by the institution who live in institutional facilities or who commute. (13) Academic programs, orientation programs, and other activities designed to ease the transition to campus life for such veterans. (14) Support for veteran student organizations and veteran student support groups at the institution. (15) Coordination of academic advising and admissions counseling with military installations and national guard units located in the same geographic area as the institution. (16) Other support services the institution determines necessary to ensure the success of veterans enrolled in a program of education offered by the institution in achieving educational and career goals. (c) Eligibility To be eligible to receive a grant under this section, a minority serving institution shall submit to the Secretary an application containing a program plan containing a strategy for meeting the needs of veterans enrolled in the institution. Such a plan shall include— (1) an identification of the population to be served; (2) an identification of the education and employment needs of the population to be served and the manner in which the activities proposed to be provided using grant funds are designed to strengthen the ability of such individuals to achieve their higher education goals; (3) a description of the activities proposed to be provided using grant funds and the manner in which such activities would be integrated with other appropriate activities carried out by or at the institution; and (4) a description, developed in consultation with the Secretary, of the performance measures proposed to be used to assess the performance of the institution in carrying out activities using grant funds. (d) Definitions In this section: (1) The term minority serving institution means a historically Black college or university, a Hispanic-serving institution, a Tribal College or University, or a Predominantly Black Institution. (2) The term historically Black college has the meaning given the term part B institution as defined in section 322(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ). (3) The term Hispanic-serving institution has the meaning given that term in as section 502(a)(5) of such Act ( 20 U.S.C. 1101a(a)(5) ). (4) The term Tribal College or University has the meaning given that term in section 316(b)(3) of such Act ( 20 U.S.C. 1059c(b)(3) ). (5) The term Predominantly Black Institution has the meaning given that term in section Predominantly Black Institution has the meaning given that term in section 318(b)(6)of such Act ( 20 U.S.C. 1059e(b)(6) ). (e) Termination The Secretary may only make a grant under this section during fiscal years 2014 through 2019.

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113-hr-1252

I 113th CONGRESS 1st Session H. R. 1252 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Shimkus (for himself and Ms. DeGette ) 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 for the participation of physical therapists in the National Health Service Corps Loan Repayment Program, and for other purposes. 1. Short title This Act may be cited as the Physical Therapist Workforce and Patient Access Act of 2013 . 2. National Health Service Corps; participation of physical therapists in loan repayment program (a) Mission of corps; definition of primary health services Section 331(a)(3)(D) of the Public Health Service Act ( 42 U.S.C. 254d(a)(3)(D) ) is amended by striking or mental health, and inserting mental health, or physical therapy, . (b) Loan repayment program Section 338B of the Public Health Service Act ( 42 U.S.C. 254l–1 ) is amended— (1) in subsection (a)(1), by striking and physician assistants; and inserting physician assistants, and physical therapists; ; and (2) in subsection (b)(1)— (A) in subparagraph (A), by inserting before the semicolon the following: , or have a doctoral or master's degree in physical therapy ; (B) in subparagraph (B), by inserting physical therapy, after mental health, ; and (C) in subparagraph (C)(ii), by inserting physical therapy, after dentistry, .

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113-hr-1253

I 113th CONGRESS 1st Session H. R. 1253 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit foreign assistance to Pakistan until the tuition assistance program of the Department of Defense is fully funded. 1. Short title This Act may be cited as the Sequester Pakistan Act . 2. Prohibition on foreign assistance to Pakistan Notwithstanding any other provision of law, no foreign assistance may be provided to Pakistan until expenditures for the military tuition assistance program under sections 1784a and 2007 of title 10, United States Code, for fiscal year 2013 are at least equal to expenditures for such tuition assistance for fiscal year 2012.

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113-hr-1254

I 113th CONGRESS 1st Session H. R. 1254 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Hudson (for himself and Mr. Pittenger ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To repeal a requirement that new employees of certain employers be automatically enrolled in the employer’s health benefits plan. 1. Short title This Act may be cited as the Auto Enroll Repeal Act . 2. Repeal Section 18A of the Fair Labor Standards Act ( 29 U.S.C. 218a ), as added by section 1511 of the Patient Protection and Affordable Care Act, is repealed.

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