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113-hr-1255

I 113th CONGRESS 1st Session H. R. 1255 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Gary G. Miller of California (for himself and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To enable Federal and State chartered banks and thrifts to meet the credit needs of the Nation’s home builders, and to provide liquidity and ensure stable credit for meeting the Nation’s need for new homes. 1. Short title This Act may be cited as the Home Construction Lending Regulatory Improvement Act of 2013 . 2. Purpose It is the purpose of this Act to— (1) immediately provide authority and guidance that Federal and State bank regulators can use to ensure that Federal and State chartered banks and thrifts that provide financing to America’s home builders are permitted to make loans, provide ongoing liquidity, and ensure stable financing to such home builders; and (2) enable Federal and State chartered banks and thrifts to provide initial and ongoing credit to America’s home builders to aid in restoring liquidity to the home building sector and to restore vitality to the United States residential housing market. 3. Coordinated rulemaking (a) Initiation of proceedings Not later than 90 days after the enactment of this Act, the appropriate Federal banking agencies shall initiate a coordinated rulemaking with respect to financial institutions under their respective jurisdictions that make real estate loans to home builders. Such rulemaking shall provide for the following: (1) Elimination of the 100 percent of bank capital measurement (A) Loan origination If any qualified financial institution is holding real estate loans in its lending portfolio that in the aggregate represent 100 percent or more of its total capital, the appropriate Federal banking agency shall not prohibit any such institution from continuing to make such loans to home builders. (B) Lending decisions The appropriate Federal banking agency shall not prevent a qualified financial institution from making a real estate loan to a home builder that has a viable project. (C) Qualified financial institution defined For purposes of this paragraph, the term qualified financial institution means a financial institution that received, in the most recent examination of the institution, a CAMEL composite rating of 1, 2, or 3 under the Uniform Financial Institutions Rating System. (2) Realistic market based appraisals (A) Valuation standard The appropriate Federal banking agency shall require that entities used by financial institutions to assess the value of collateral, with respect to a real estate loan, associated with any viable project in such institution’s lending portfolio utilize an as completed valuation to make such an assessment. (B) Arms length transactions The appropriate Federal banking agency shall require that entities used by financial institutions to assess or review underwriting standards and collateral values for real estate loans made by such institutions after the date of the enactment of this Act use comparable sales involving arms length transactions to make such an assessment or review. (3) Prohibition on compelling lenders to call or curtail loans in good standing (A) Home builders in good standing The appropriate Federal banking agency shall not compel a financial institution to call or curtail a real estate loan of a home builder that is in good standing. (B) Maximum market valuation (i) In general The appropriate Federal banking agency shall, in the case that a home builder is in good standing on a real estate loan but the home builder’s collateral, with respect to that loan, has decreased in value based on an as completed valuation, permit a financial institution to work with such home builder to realize the maximum current market valuation of such collateral using workout methods or other appropriate means. (ii) Period of workout methods Workout methods may be utilized up to a 24-month period following the issuance of final regulations under subsection (c). In no case shall any real estate loan be required to be charged off until the financial institution holding such loan has worked in good faith to exhaust all workout methods or other appropriate means. (C) Reclassification of loans The appropriate Federal banking agency shall not require a financial institution to reclassify any real estate loan in this paragraph on such institution’s balance sheet, unless there is a significant reason under Financial Accounting Standards Board Accounting Standards Codification 310–10–35–55 or 310–10–35–57. (4) Waiting period If the enactment of paragraphs 2 or 3 of this subsection helps to improve a financial institution’s CAMEL composite rating under the Uniform Financial Institutions Rating System from a 4 or 5 to a 1, 2, or 3 in such institution’s next examination that begins after the date that final regulations are issued pursuant to subsection (c), such institution’s improved rating shall take effect no earlier than 24 months after such rating was received. (b) Coordination, consistency, and comparability Each of the agencies with authorities referred to in subsection (a) shall consult and coordinate with the other such agencies and authorities for the purpose of assuring, to the extent possible, that the regulations by each such agency and authority are consistent and comparable with those prescribed by the other such agencies and authorities. (c) Deadline Not later than 6 months after the enactment of this Act, each of the agencies with authorities referred to in subsection (a) shall issue final regulations to implement rules issued under this Act. (d) Agency authority The rules issued under this Act shall be enforced by the appropriate Federal banking agencies with respect to financial institutions under their respective jurisdictions. (e) Effect on State law The rules issued under this Act shall not supercede the law of any State except to the extent that such law is inconsistent with such rule, and then only to the extent of the inconsistency. 4. Definitions In this Act: (1) Appropriate Federal banking agency The term appropriate Federal banking agency has the same meaning as is given such term in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)). (2) Arms length transaction (A) In general The term arms length transaction means a negotiated real estate transaction between a buyer and seller in which such buyer and seller act independently of each other. (B) Transactions excluded Such term shall not include any transaction involving a short sale or foreclosed property or any other distressed real property. (3) As completed valuation The term as completed valuation means the estimated market value of collateral after the full completion and absorption of the development and construction associated with the highest and best use of the collateral. (4) Financial institution The term financial institution means an entity regulated by, and under the supervision of, any appropriate Federal banking agency. (5) Good standing The term good standing means making payments on a real estate loan in accordance with the agreement of such loan. (6) Real estate loan The term real estate loan means any indebtness (secured by a mortgage, deed of trust, or other equivalent consensual security interest on real property) acquired for the purpose of purchasing or improving real property, including indebtness acquired for— (A) land acquisition; (B) land development; and (C) residential construction projects. (7) Total capital The term total capital means the total risk-based capital of a financial institution as reported periodically by such institution in the Federal Financial Institutions Examination Council’s Call Report or Thrift Financial Reports, as applicable. (8) Viable project The term viable project means a real estate project that a financial institution has determined continues to have a reasonable prospect of reaching completion and sale. (9) Workout methods The term workout methods means techniques to prevent a real estate loan defaulting, including workout assistance, loan modifications, loan write downs, and flexibility on reappraisal methods.

https://www.govinfo.gov/content/pkg/BILLS-113hr1255ih/xml/BILLS-113hr1255ih.xml

113-hr-1256

I 113th CONGRESS 1st Session H. R. 1256 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Garrett (for himself, Mr. Conaway , Mr. Carney , and Mr. David Scott of Georgia ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Securities and Exchange Commission and the Commodity Futures Trading Commission to jointly adopt rules setting forth the application to cross-border swaps transactions of certain provisions relating to swaps that were enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. 1. Short title This Act may be cited as the Swap Jurisdiction Certainty Act . 2. Joint rulemaking on cross-border swaps (a) Joint rulemaking required (1) In general Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission and the Commodity Futures Trading Commission shall jointly issue rules setting forth the application of United States swaps requirements of the Securities Exchange Act of 1934 and the Commodity Exchange Act relating to swaps and security-based swaps transacted between U.S. persons and non-U.S. persons. (2) Construction The Commissions shall jointly issue the rules required under paragraph (1) notwithstanding any difference in the authorities granted the Commissions in sections 30(c) and 36(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78dd(c); 78mm(c)) and section 2(i) of the Commodity Exchange Act (7 U.S.C. 2(i)), respectively. (b) Considerations The Commissions shall jointly issue rules that address— (1) the nature of the connections to the United States that require a non-U.S. person to register as a swap dealer, major swap participant, security-based swap dealer, or security-based swap participant under each Commission’s respective Acts and the regulations issued under such Acts; (2) which of the United States swaps requirements shall apply to the swap and security-based swap activities of non-U.S. persons, U.S. persons, and their branches, agencies, subsidiaries, and affiliates outside of the United States and the extent to which such requirements shall apply; and (3) the circumstances under which a non-U.S. person in compliance with the regulatory requirements of a foreign jurisdiction shall be exempt from United States swaps requirements. (c) Rule in accordance with APA required No guidance, memorandum of understanding, or any such other agreement may satisfy the requirement to issue a joint rule from the Commissions in accordance with section 553 of title 5, United States Code. (d) General application to G20 member nations (1) General application In issuing rules under this section, the Commissions shall provide that a non-U.S. person in compliance with the swaps regulatory requirements of a G20 member nation, or other foreign jurisdiction as jointly determined by the Commissions, shall be exempt from United States swaps requirements in accordance with the schedule set forth in paragraph (2), unless the Commissions jointly determine that the regulatory requirements of the G20 member nation or other foreign jurisdiction are not broadly equivalent to United States swaps requirements. (2) Effective date schedule The exemption described in paragraph (1) and set forth under the rules required by this section shall apply to persons or transactions relating to or involving— (A) G20 member nations, or any other foreign jurisdiction as jointly determined by the Commissions, accounting for the five largest combined swap and security-based swap markets by notional amount in the calendar year preceding issuance of such rules, on the date on which final rules are issued under this section; (B) G20 member nations, or any other foreign jurisdiction as jointly determined by the Commissions, accounting for the next five largest combined swap and security-based swap markets by notional amount in the calendar year preceding issuance of such rules, 1 year after the date on which such rules are issued; and (C) the remaining G20 member nations, and any other foreign jurisdiction as jointly determined by the Commissions, 18 months after the date on which such rules are issued. (3) Criteria In such rules, the Commissions shall jointly establish criteria for determining that one or more categories of regulatory requirements of a G20 member nation or other foreign jurisdiction is not broadly equivalent to United States swaps requirements and shall jointly determine the appropriate application of certain United States swap requirements to persons or transactions relating to or involving that G20 member nation or other foreign jurisdiction. Such criteria shall include the scope and objectives of the regulatory requirements of a G20 member nation or other foreign jurisdiction as well as the effectiveness of the supervisory compliance program administered, and the enforcement authority exercised, by such G20 member nation or other foreign jurisdiction, and such other factors as the Commissions, by rule, jointly determine to be necessary or appropriate in the public interest. (4) Required assessment Beginning on after the date on which final rules are issued under this section, the Commissions shall begin to jointly assess the regulatory requirements of G20 member nations, as the Commissions jointly determine appropriate, in accordance with the criteria established pursuant to paragraph (3), to determine if one or more categories of regulatory requirements of a G20 member nation or other foreign jurisdiction is not broadly equivalent to United States swaps requirements (e) Report to Congress If the Commissions make the joint determination described in subsection (d)(1) that the regulatory requirements of the G20 member nation or other foreign jurisdiction are not broadly equivalent to United States swaps requirements, the Commissions shall articulate the basis for such a determination in a written report transmitted to the Committee on Financial Services and the Committee on Agriculture of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Agriculture, Nutrition, and Forestry of the Senate within 30 days of the determination. The determination shall not be effective until the transmission of such report. (f) Definitions As used in this Act and for purposes of the rules issued pursuant to this Act, the following definitions apply: (1) The term G20 member nation refers to a nation that is a member nation of the Group of Twenty Finance Ministers and Central Bank Governors. (2) The term U.S. person has the meaning given such term in section 230.902(k) of title 17, Code of Federal Regulations. The Commissions may, by rule, jointly revise the definition of U.S. person for purposes of the rules required under this section as they determine appropriate to more effectively carry out the purposes of this Act. (3) The term United States swaps requirements means the provisions relating to swaps and security-based swaps contained in the Commodity Exchange Act ( 7 U.S.C. 1a et seq. ) and the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) that were added by title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8301 et seq.) and any rules or regulations prescribed by the Securities and Exchange Commission and the Commodity Futures Trading Commission pursuant to such provisions. (g) Conforming amendments (1) Securities Exchange Act of 1934 Section 36(c) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78mm(c) ) is amended by inserting or except as necessary to effectuate the purposes of the Swap Jurisdiction Certainty Act, after to grant exemptions, . (2) Commodity Exchange Act Section 4(c)(1)(A) of the Commodity Exchange Act ( 7 U.S.C. 6(c)(1)(A) ) is amended by inserting or except as necessary to effectuate the purposes of the Swap Jurisdiction Certainty Act, after to grant exemptions, .

https://www.govinfo.gov/content/pkg/BILLS-113hr1256ih/xml/BILLS-113hr1256ih.xml

113-hr-1257

I 113th CONGRESS 1st Session H. R. 1257 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Ms. DeGette (for herself and Mr. Whitfield ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to reduce the occurrence of diabetes in Medicare beneficiaries by extending coverage under Medicare for medical nutrition therapy services to such beneficiaries with pre-diabetes or with risk factors for developing type 2 diabetes. 1. Short title This Act may be cited as the Preventing Diabetes in Medicare Act of 2013 . 2. Findings Congress finds the following: (1) According to the Centers for Disease Control and Prevention, there are 79,000,000 adults with pre-diabetes in America. The Centers estimates that 50 percent of adults who are 65 years of age or older have pre-diabetes. More than 90 percent of adults with pre-diabetes are unaware they have it. (2) For a significant number of people with pre-diabetes, early intervention can reverse elevated blood glucose levels to normal range and prevent diabetes and its complications completely or can significantly delay its onset. According to the Institute for Alternative Futures, if 50 percent of adults with pre-diabetes were able to successfully make lifestyle changes proven to prevent or delay diabetes, then by 2025 approximately 4,700,000 new cases of diabetes could be prevented at a cost savings of $300 billion. (3) Nearly 1-in-5 hospitalizations in 2008 were related to diabetes according to the Agency for Healthcare Research and Quality. (4) Preventing diabetes and its complications can save money and lives. The average annual cost to treat someone with diabetes is $11,744, compared to $2,935 for someone who does not have diabetes. One out of every three Medicare dollars is spent on diabetes. (5) Diabetes is unique because its complications and their associated health care costs are often preventable with currently available medical treatment and lifestyle changes. (6) In 2002, the Diabetes Prevention Program study conducted by the National Institutes of Health found that participants (all of whom were at increased risk of developing type 2 diabetes) who made lifestyle changes reduced their risk of developing type 2 diabetes by 58 percent and that participants who are 60 years of age or older reduced their risk of developing diabetes by 71 percent. (7) The Agency for Healthcare Research and Quality has demonstrated that $2,500,000,000 in hospitalization costs related to the treatment of diabetes or complications resulting from diabetes could be saved by providing seniors with appropriate primary care to prevent the onset of diabetes. (8) The Medicare program currently provides coverage for screening and identifying beneficiaries with pre-diabetes but does not provide adequate services to such beneficiaries to help them prevent or delay the onset of diabetes. 3. Medicare coverage of medical nutrition therapy services for people with pre-diabetes and risk factors for developing type 2 diabetes (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)(V), by striking with diabetes or a renal disease and inserting with diabetes, pre-diabetes (as defined in subsection (yy)(4)), or a renal disease, or an individual at risk for diabetes (as defined in subsection (yy)(2)), ; and (2) in subsection (yy)— (A) in the heading, by adding ; Pre-Diabetes at the end; and (B) by adding at the end the following new paragraph: (4) The term pre-diabetes means a condition of impaired fasting glucose or impaired glucose tolerance identified by a blood glucose level that is higher than normal, but not so high as to indicate actual diabetes. . (b) Effective date The amendments made by this section shall apply with respect to services furnished on or after January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr1257ih/xml/BILLS-113hr1257ih.xml

113-hr-1258

I 113th CONGRESS 1st Session H. R. 1258 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Honda (for himself, Ms. Bordallo , Mr. Ellison , Ms. Lee of California , Mr. Sires , Mr. Vargas , Mr. Hastings of Florida , Mr. Lowenthal , and Mr. Sablan ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To strengthen communities through English literacy and civics education for new Americans, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Strengthen and Unite Communities with Civics Education and English Development Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Title I—Expanding English literacy, U.S. history, and civics education Sec. 101. Increased investment in English literacy, U.S. history, and civics education under the Adult Education and Family Literacy Act. Sec. 102. Definitions of English language learner. Sec. 103. Research in adult education. Title II—Supporting English language acquisition and adult education in the workforce Sec. 201. Presidential award for business leadership in promoting United States citizenship. Title III—Building stronger communities Sec. 301. Office of Citizenship and Immigrant Integration. Sec. 302. Grants to States. Sec. 303. Authorized activities. Sec. 304. Reporting and evaluation. Sec. 305. New citizens award program. Sec. 306. Rule of construction. Sec. 307. Authorization of appropriations. 2. Purposes The purposes of this Act are— (1) to meet the growing need for English literacy, U.S. history, and civics education programs for new Americans in the United States; and (2) to encourage proactive policies to introduce new Americans into the Nation in order to maximize the benefits provided to these individuals and to the community. I Expanding English literacy, U.S. history, and civics education 101. Increased investment in English literacy, U.S. history, and civics education under the Adult Education and Family Literacy Act (a) Integrated english literacy and civics education program Section 203 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9202 ) is amended— (1) by redesignating paragraphs (12) through (18) as paragraphs (13) through (19), respectively; and (2) by inserting after paragraph (11), the following: (12) Integrated english literacy, U.S. history, and civics education program The term integrated English literacy, U.S. history, and civics education program means a program of instruction designed to help an English language learner achieve competence in English through contextualized instruction on the rights and responsibilities of citizenship, naturalization procedures, civic participation, and United States history and government to help such learner acquire the skills and knowledge to become an active and informed parent, worker, and community member. . (b) State leadership activities Section 223(a) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9223(a) ) is amended by inserting after paragraph (11) the following: (12) Technical assistance for grant applications of faith- and community-based organizations. . (c) National institute for literacy Section 242(c)(1) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9252(c)(1) ) is amended— (1) by redesignating subparagraphs (G), (H), and (I), as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (F) the following: (G) to coordinate and share information with national organizations and associations that are interested in integrated English literacy, U.S. history, and civics education programs; (H) to study the effectiveness of distance learning or self-study programs in assisting the English language learner population achieve competence in English; . (d) Report Section 242(k) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9252(k) ) is amended— (1) in paragraph (2), by striking and after the semicolon; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: (3) a separate analysis of— (A) national and State adult English instruction needs; (B) data on the composition of recent immigration flows and immigration settlement patterns across the United States; and (C) estimated instructional needs based on the English ability and educational attainment of English language learners under recent migration patterns; and . (e) National leadership activities Section 243 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9253 ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by inserting and integrated English literacy, U.S. history, and civics education programs before the semicolon at the end; and (B) in subparagraph (B), by inserting and integrated English literacy, U.S. history, and civics education programs before , based on scientific evidence ; and (2) in paragraph (2)— (A) in subparagraph (B), by inserting and integrated English literacy, U.S. history, and civics education programs before the semicolon at the end; (B) in subparagraph (D)(ii), by inserting integrated English literacy, U.S. history, and civics education programs, before and workplace literacy programs ; and (C) in subparagraph (E)— (i) in clause (i), by inserting and integrated English literacy, U.S. history, and civics education programs before the semicolon at the end; (ii) in clause (iii), by striking and after the semicolon; (iii) in clause (iv)— (I) by striking section 231 and inserting sections 231 and 244 ; and (II) by inserting and after the semicolon; and (iv) by adding at the end the following: (v) the extent to which integrated English literacy, U.S. history, and civics education programs carried out under section 244 lead participants in such programs to increase their civic participation and, if applicable, lead such participants to become United States citizens; . (f) Integrated English literacy, U.S. history, and civics education Chapter 4 of subtitle A of the Adult Education and Family Literacy Act (20 U.S.C. 9251 et seq.) is amended by adding at the end the following: 244. Integrated English literacy, U.S. history, and civics education programs (a) Program authorized From funds appropriated to carry out this section, the Secretary shall award grants to States, from allocations under subsection (b), for integrated English literacy, U.S. history, and civics education programs. (b) Allocations (1) In general Subject to paragraph (2), from the amount appropriated under subsection (c) for a fiscal year, the Secretary shall allocate— (A) 65 percent of such amount to States on the basis of a State's need for integrated English, U.S. history, and civics education programs, as determined by calculating each State's share of a 10-year average of the data compiled by the Office of Immigration Statistics of the Department of Homeland Security, for immigrants admitted for lawful permanent residence for the 10 most recent years; and (B) 35 percent of such amount to the States on the basis of whether the State experienced growth, as measured by the average of the 3 most recent years for which data compiled by the Office of Immigration Statistics of the Department of Homeland Security are available, for immigrants admitted for lawful permanent residence. (2) Minimum No State shall receive an allocation under paragraph (1) in an amount that is less than $60,000. (c) Definition The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the United States Virgin Islands. (d) Authorization of appropriation For the purpose of carrying out this section, there are authorized to be appropriated $200,000,000 for fiscal year 2014, $250,000,000 for fiscal year 2015, and $300,000,000 for fiscal year 2017. . 102. Definitions of English language learner (a) Adult education and family literacy Act The Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. ) is amended— (1) in section 203(6) ( 20 U.S.C. 9202(6) ), by striking individuals of limited English proficiency and inserting English language learners ; (2) in section 203 (20 U.S.C. 9202)— (A) in paragraph (10)— (i) in the paragraph heading, by striking Individual of limited english proficiency and inserting English language learner ; and (ii) in the matter preceding subparagraph (A), by striking individual of limited English proficiency and inserting English language learner ; and (B) by redesignating paragraphs (6), (7), (8), (9), and (10), as paragraphs (7), (8), (9), (10), and (6), respectively; (3) in section 224(b)(10)(D) ( 20 U.S.C. 9224(b)(10)(D) ), by striking individuals with limited English proficiency and inserting English language learners ; and (4) in section 243(2)(D)(ii) ( 20 U.S.C. 9253(2)(D)(ii) ), by striking individuals with limited English proficiency who are adults and inserting adult English language learners . (b) Elementary and secondary education Act of 1965 (1) Amendment Section 9101(25) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(25)) is amended by striking the matter preceding subparagraph (A) and inserting the following: (25) English language learner The term English language learner means an individual— . (2) References Any reference in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to an individual who is limited English proficient shall be construed to refer to an English language learner. 103. Research in adult education (a) In general Section 133(c)(2)(A) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9533(c)(2)(A) ) is amended by inserting education and before literacy . (b) National research and development center (1) In general The Secretary of Education shall direct the Commissioner for Education Research of the National Center for Education Research established pursuant to section 131 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9531 ) to establish a national research and development center for adult education and literacy as described in section 133(c)(2)(A) of such Act ( 20 U.S.C. 9533(c)(2)(A) ) (as amended by subsection (a)). (2) Provision for expansion of research If, as of the date of enactment of this Act, the Commissioner has established a center for adult literacy in accordance with section 133(c)(2)(A) of the Education Sciences Reform Act of 2002, the Commissioner shall expand the topic of research of such center to include adult education, in accordance with the amendment made by subsection (a). II Supporting English language acquisition and adult education in the workforce 201. Presidential award for business leadership in promoting United States citizenship (a) Establishment There is established the Presidential Award for Business Leadership in Promoting United States Citizenship (referred to in this section as the Presidential Citizenship Award ), which shall be awarded to companies and other organizations that make extraordinary efforts in assisting their employees and members to learn English and increase their understanding of United States history and civics. (b) Selection and presentation of award (1) Selection The President shall periodically award the Presidential Citizenship Award to large and small companies and other organizations described in subsection (a) after reviewing recommendations to the President with respect to such award by the Secretary of Homeland Security and the Secretary of Commerce. (2) Presentation The presentation of the Presidential Citizenship Award shall be made by the President, or a designee of the President, in conjunction with an appropriate ceremony. III Building stronger communities 301. Office of Citizenship and Immigrant Integration (a) Renaming of the office of citizenship and immigrant integration (1) In general The Office of Citizenship within United States Citizenship and Immigration Services of the Department of Homeland Security shall be renamed the Office of Citizenship and Immigrant Integration . (2) Conforming amendment Section 451(f) of the Homeland Security Act of 2002 (6 U.S.C. 271(f)) is amended— (A) in the subsection heading, by striking Citizenship. and inserting Citizenship and Immigrant Integration. ; (B) in paragraph (1), by inserting and Immigrant Integration after Office of Citizenship ; and (C) in paragraph (2), by inserting and Immigrant Integration after Office of Citizenship . (3) References Any reference in a law, regulation, document, paper, or other record of the United States to the Office of Citizenship within United States Citizenship and Immigration Services of the Department of Homeland Security shall be deemed to be a reference to the Office of Citizenship and Immigrant Integration . (b) Functions Section 451(f)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 271(f)(2) ), as amended by subsection (a)(2)(C), is further amended by striking for promoting and all that follows through the period and inserting “for— (A) establishing national goals for introducing new Americans into the United States and measuring the degree to which such goals are met; (B) assessing and coordinating Federal policies, regulations, task forces, and commissions related to introducing immigrants into the United States; (C) continuing with the efforts of the Task Force on New Americans established under Executive Order No. 13404 to facilitate a dialogue among Federal agencies, make recommendations to the President of the United States, and follow through with initiatives administered by the Task Force under the authority of such Executive order; (D) serving as a liaison and intermediary with State and local governments and other entities to assist in establishing local goals, task forces, and councils to assist in introducing immigrants to the United States; (E) coordinating with other Federal agencies to provide information to State and local governments on the demand for English acquisition programs and best practices in place on the Federal and State level for aliens who have recently arrived in the United States; (F) assisting States in coordinating activities with the grant program carried out under title III of the Strengthen and Unite Communities with Civics Education and English Development Act of 2013 ; and (G) promoting instruction and training on citizenship responsibilities for aliens interested in becoming naturalized citizens of the United States, including the development of educational materials for such aliens. . (c) Donations Section 451(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 271(f) ), as amended by this section, is further amended by adding at the end the following: (3) Donations (A) Acceptance of donations The Chief of the Office of Citizenship and Immigrant Integration may accept monetary and in-kind donations to support the activities described in paragraph (2). (B) Dedication of funds Notwithstanding any other provision of law— (i) any funds donated to the Office of Citizenship and Immigrant Integration to support the activities described in paragraph (2) shall be deposited entirely into an account established for such purpose; (ii) the funds contained in such account shall be used solely to support such activities; and (iii) funds that were not donated for the exclusive purpose of supporting such activities may not be deposited into such account. . (d) Report to Congress The Chief of the Office of Citizenship and Immigrant Integration shall submit a biennial report to the authorizing Committees in Congress that describes the activities of the office. 302. Grants to States (a) Authority To provide grants Subject to subsections (c) and (d), the Chief of the Office of Citizenship and Immigrant Integration is authorized to provide competitive grants to States to form State New American Councils as described in subsection (b) to carry out activities described in section 303. (b) State new American councils A State New American Council shall consist of not less than 15 and not more than 19 individuals from the State and shall include, to the extent practicable, representatives from the following sectors: (1) Business. (2) Faith-based organizations. (3) Civic organizations. (4) Philanthropic leaders. (5) Nonprofit organizations, including those with experience working with immigrant communities. (6) Representatives from key education stakeholders, such as State educational agencies, local educational agencies, community colleges, teachers, or organizations representing teachers and other employees. (7) Representatives of State adult education offices. (8) Representatives of State or local public libraries. (9) Representatives of statewide or local government officials. (c) Waiver of requirement (1) Authority to grant The Chief of the Office of Citizenship and Immigrant Integration may award a grant under subsection (a) to a State without requiring the State to form a State New American Council if the Chief determines that the State is carrying out similar statewide initiatives to introduce immigrants into the State and into the United States. (2) Guidelines The Chief shall establish guidelines for awarding grants to States described in paragraph (1). (d) Grants to local governments The Chief of the Office of Citizenship and Immigrant Integration may provide a grant under subsection (a) to a local government at the discretion of the Chief. (e) Application To be eligible to receive a grant under this section, an applicant shall submit an application to the Chief of the Office of Citizenship and Immigrant Integration at such time, in such manner, and containing such information as the Chief may reasonably require. Such application shall include— (1) if the applicant is a State seeking to form a State New American Council, an assurance that such State New American Council will meet the requirements of subsection (b); (2) the number of immigrants in the State in which the applicant is located; (3) a description of the challenges in introducing new Americans in the State and local community; and (4) any other information that the Chief may reasonably require. (f) Duration A grant awarded under subsection (a) shall be for a period of 5 years. (g) Priority Priority shall be given to grant applications that— (1) use matching funds, from non-Federal sources, which may include in-kind contributions; and (2) demonstrate collaboration with private entities to achieve the goals of their comprehensive plan. (h) Additional consideration Additional consideration shall be given to grant applications submitted by States with a large increase in the population of immigrants over the previous 10 years relative to past migration patterns, based on data compiled by the Office of Immigration Statistics of the Department of Homeland Security. (i) Grant amount The amount of a grant awarded under subsection (a) shall be not less than $500,000 and not more than $5,000,000 for each fiscal year. (j) Reservations (1) National The Chief of the Office of Citizenship and Immigrant Integration shall reserve not more than 1 percent of the amount appropriated to carry out this section for such Office, including the evaluation of funds distributed. (2) States A State awarded a grant under subsection (a) may reserve not more than 10 percent of such grant amount for the creation and operation of the State New American Council. 303. Authorized activities (a) Mandatory activities A grant awarded under section 302(a) shall be used— (1) to develop, implement, expand, or enhance a comprehensive plan to introduce new immigrants into the State, including the increase in English literacy, U.S. history, and civics education; (2) to provide subgrants to local communities as described in subsection (c); (3) if the grant is awarded to a State to form a State New American Council, to convene meetings of the State New American Council not less frequently than once each quarter; (4) to disseminate best practices and other information compiled by the Office of Citizenship and Immigrant Integration that pertains to effective programs for English acquisition and civics education; and (5) to convene public hearings not less frequently than once each year to report on the activities carried out by such grant. (b) Permissible activities A grant awarded under section 302(a) may be used— (1) to solicit and disseminate solutions and remedies to the challenges of introducing new Americans in the State or municipality in which the grant is awarded; (2) to provide technical assistance, training, or coordination for State or local agencies to improve programs to introduce new Americans into the United States, such as English literacy, U.S. history, and civics education; (3) to review and develop strategies to expand distance learning as a method of instruction for English literacy, U.S. history, and civics education and available technological programs that may supplement or supplant quality classroom instruction; (4) to coordinate with entities of other States engaged in activities under this title or other activities to introduce new Americans into the State or community; and (5) to develop materials focused on preparation for the naturalization test, engage in outreach and educational activities on the naturalization process, and provide assistance to immigrants with the naturalization application, where appropriate. (c) Subgrants to local communities (1) Requirement to award A grant under section 302(a) shall be used to award subgrants to entities of local governments to assist communities with local efforts to introduce new Americans into the community. (2) Authorized activities Subgrants shall be awarded under paragraph (1) to entities of local governments for use to carry out activities in accordance with— (A) a comprehensive plan described in subsection (a)(1); and (B) any guidance provided by the Chief of the Office of Citizenship and Immigrant Integration. (3) Subgrant amount The amount of a subgrant awarded under this subsection shall be not less than $100,000 and not more than $600,000 for a fiscal year. 304. Reporting and evaluation (a) Reporting requirement (1) In general Each entity awarded a grant under section 302(a) shall submit a report annually to the Office of Citizenship and Immigrant Integration that— (A) describes the activities of the State New American Council and subgrant recipients and how these activities meet the goals of— (i) the Chief of the Office of Citizenship and Immigrant Integration; and (ii) the comprehensive plan described in section 303(a)(1); and (B) describes the geographic areas being served, the number of immigrants in such areas, and the primary languages spoken there. (2) Other requirements The Chief of the Office of Citizenship and Immigrant Integration may set out other requirements as the Chief sees fit in order to— (A) impose accountability; and (B) measure the outcomes of the activities carried out with grants awarded under section 302(a). (b) Annual evaluation The Chief of the Office of Citizenship and Immigrant Integration shall conduct an annual evaluation of the grant program established under this title and use such evaluation— (1) to improve the effectiveness of programs carried out by the Chief; (2) to assess future needs of immigrants and of State and local governments related to immigrants; (3) to determine the effectiveness of such grant program; and (4) to ensure that the grantees and subgrantees are acting within the scope and purpose of this title. 305. New citizens award program (a) Establishment There is established a new citizens award program to recognize citizens who— (1) have made an outstanding contribution to the United States; and (2) are naturalized during the 10-year period ending on the date of such recognition. (b) Presentation authorized (1) In general The President is authorized to present a medal, in recognition of outstanding contributions to the United States, to citizens described in subsection (a). (2) Maximum number of awards Not more than 10 citizens may receive a medal under this section in any calendar year. 306. Definition For purposes of this title, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the United States Virgin Islands. 307. Rule of construction Nothing in this title shall be construed to limit the authority of the Secretary of Homeland Security, acting through the Director of United States Citizenship and Immigration Services or such other officials of the Department of Homeland Security as the Secretary of Homeland Security may direct, to manage, direct, and control the activities of the Chief of the Office of Citizenship and Immigrant Integration. 308. Authorization of appropriations There are authorized to be appropriated to carry out this title $100,000,000 for each of the fiscal years 2014 through 2019.

https://www.govinfo.gov/content/pkg/BILLS-113hr1258ih/xml/BILLS-113hr1258ih.xml

113-hr-1259

I 113th CONGRESS 1st Session H. R. 1259 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Larson of Connecticut (for himself, Mr. Courtney , Ms. DeLauro , Mr. Himes , and Ms. Esty ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish Coltsville National Historical Park in the State of Connecticut, and for other purposes. 1. Short title This Act may be cited as the Coltsville National Historical Park Act . 2. Definitions For the purposes of this Act: (1) City The term city means the city of Hartford, Connecticut. (2) Commission The term Commission means the Coltsville National Historical Park Advisory Commission established by section 6(a). (3) Historic District The term Historic District means the Coltsville Historic District. (4) Map The term map means the map titled Coltsville National Historical Park—Proposed Boundary , numbered T25/102087, and dated May 11, 2010. (5) Park The term park means the Coltsville National Historical Park in the State of Connecticut. (6) Secretary The term Secretary means the Secretary of the Interior. (7) State The term State means the State of Connecticut. 3. Coltsville National Historical Park (a) Establishment (1) In general Subject to paragraph (2), there is established in the State a unit of the National Park System to be known as the Coltsville National Historical Park . (2) Conditions for establishment The park shall not be established until the date on which the Secretary determines that— (A) the Secretary has acquired by donation sufficient land or an interest in land within the boundary of the park to constitute a manageable unit; (B) the State, city, or private property owner, as appropriate, has entered into a written agreement with the Secretary to donate at least 10,000 square feet of space in the East Armory which would include facilities for park administration and visitor services; and (C) the Secretary has entered into a written agreement with the State, city, or other public entity, as appropriate, providing that— (i) land owned by the State, city, or other public entity within the Coltsville Historic District shall be managed consistent with this section; and (ii) future uses of land within the historic district shall be compatible with the designation of the park and the city’s preservation ordinance. (b) Boundaries The park shall include and provide appropriate interpretation and viewing of the following sites, as generally depicted on the map: (1) The East Armory. (2) The Church of the Good Shepherd. (3) The Caldwell/Colt Memorial Parish House. (4) Colt Park. (5) The Potsdam Cottages. (6) Armsmear. (7) The James Colt House. (c) Collections The Secretary shall enter into a written agreement with the State of Connecticut State Library, Wadsworth Atheneum, and the Colt Trust, or other public entities, as appropriate, to gain appropriate access to Colt-related artifacts for the purposes of having items routinely on display in the East Armory or within the park as determined by the Secretary as a major function of the visitor experience. 4. Administration (a) In general The Secretary shall administer the 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 Service 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) State and local jurisdiction Nothing in this Act enlarges, diminishes, or modifies any authority of the State, or any political subdivision of the State (including the city)— (1) to exercise civil and criminal jurisdiction; or (2) to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the park. (c) Cooperative agreements (1) In general As the Secretary determines to be appropriate to carry out this Act, the Secretary may enter into cooperative agreements with the owner of any property within the Coltsville Historic District or any nationally significant properties within the boundary of the park, under which the Secretary may identify, interpret, restore, rehabilitate, and provide technical assistance for the preservation of the properties. (2) Right of access A cooperative agreement entered into under paragraph (1) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of— (A) conducting visitors through the properties; and (B) interpreting the properties for the public. (3) Changes or alterations No changes or alterations shall be made to any properties covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations. (4) Conversion, use, or disposal Any payment by the Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in an amount equal to the greater of— (A) the amounts made available to the project by the United States; or (B) the portion of the increased value of the project attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or disposal. (5) Matching funds (A) In general As a condition of the receipt of funds under this subsection, the Secretary shall require that any Federal funds made available under a cooperative agreement shall be matched on a 1-to-1 basis by non-Federal funds. (B) Form With the approval of the Secretary, the non-Federal share required under subparagraph (A) may be in the form of donated property, goods, or services from a non-Federal source, fairly valued. (d) Acquisition of land The Secretary is authorized to acquire land and interests in land by donation, purchase with donated or appropriated funds, or exchange, except that land or interests in land owned by the State or any political subdivision of the State may be acquired only by donation. (e) Technical assistance and public interpretation The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the historic district. 5. Management plan (a) In general Not later than 3 fiscal years after the date on which funds are made available to carry out this Act, the Secretary, in consultation with the Commission, shall complete a management plan for the park in accordance with— (1) 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) ); and (2) other applicable laws. (b) Cost share The management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the city, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the park. (c) Submission to Congress On completion of the management plan, the Secretary shall submit the management plan to— (1) the Committee on Natural Resources of the House of Representatives; and (2) the Committee on Energy and Natural Resources of the Senate. 6. Coltsville National Historical Park Advisory Commission (a) Establishment There is established a Commission to be known as the Coltsville National Historical Park Advisory Commission. (b) Duty The Commission shall advise the Secretary in the development and implementation of the management plan. (c) Membership (1) Composition The Commission shall be composed of 11 members, to be appointed by the Secretary, of whom— (A) 2 members shall be appointed after consideration of recommendations submitted by the Governor of the State; (B) 1 member shall be appointed after consideration of recommendations submitted by the State Senate President; (C) 1 member shall be appointed after consideration of recommendations submitted by the Speaker of the State House of Representatives; (D) 2 members shall be appointed after consideration of recommendations submitted by the Mayor of Hartford, Connecticut; (E) 2 members shall be appointed after consideration of recommendations submitted by Connecticut’s 2 United States Senators; (F) 1 member shall be appointed after consideration of recommendations submitted by Connecticut's First Congressional District Representative; (G) 2 members shall have experience with national parks and historic preservation; (H) all appointments must have significant experience with and knowledge of the Coltsville Historic District; and (I) 1 member of the Commission must live in the Sheldon/Charter Oak neighborhood within the Coltsville Historic District. (2) Initial appointments The Secretary shall appoint the initial members of the Commission not later than the earlier of— (A) the date that is 30 days after the date on which the Secretary has received all of the recommendations for appointments under paragraph (1); or (B) the date that is 30 days after the park is established. (d) Term; vacancies (1) Term (A) In general A member shall be appointed for a term of 3 years. (B) Reappointment A member may be reappointed for not more than 1 additional term. (2) Vacancies A vacancy on the Commission shall be filled in the same manner as the original appointment was made. (e) Meetings The Commission shall meet at the call of— (1) the Chairperson; or (2) a majority of the members of the Commission. (f) Quorum A majority of the Commission shall constitute a quorum. (g) Chairperson and vice chairperson (1) In general The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. (2) Vice chairperson The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson. (3) Term A member may serve as Chairperson or Vice Chairperson for not more than 1 year in each office. (h) Commission personnel matters (1) Compensation of members (A) In general Members of the Commission shall serve without compensation. (B) Travel expenses Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duty of the Commission. (2) Staff (A) In general The Secretary shall provide the Commission with any staff members and technical assistance that the Secretary, after consultation with the Commission, determines to be appropriate to enable the Commission to carry out the duty of the Commission. (B) Detail of employees The Secretary may accept the services of personnel detailed from the State or any political subdivision of the State. (i) FACA nonapplicability Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (j) Termination (1) In general Unless extended under paragraph (2), the Commission shall terminate on the date that is 10 years after the date of the enactment of this Act. (2) Extension Eight years after the date of the enactment of this Act, the Commission shall make a recommendation to the Secretary if a body of its nature is still necessary to advise on the development of the park. If, based on a recommendation under this paragraph, the Secretary determines that the Commission is still necessary, the Secretary may extend the life of the Commission for not more than 10 years.

https://www.govinfo.gov/content/pkg/BILLS-113hr1259ih/xml/BILLS-113hr1259ih.xml

113-hr-1260

I 113th CONGRESS 1st Session H. R. 1260 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Ben Ray Luján of New Mexico introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to convey certain Federal land in San Juan County, New Mexico, and for other purposes. 1. Short title This Act may be cited as the San Juan County Federal Land Conveyance Act . 2. Definitions In this Act: (1) Federal land The term Federal land means the approximately 19 acres of Federal land generally depicted as Lands Authorized for Conveyance on the map. (2) Landowner The term landowner means the plaintiffs in the case styled Blancett v. United States Department of the Interior, et al., No. 10–cv–00254–JAP–KBM, United States District Court for the District of New Mexico. (3) Map The term map means the map entitled San Juan County Land Conveyance and dated June 20, 2012. (4) Secretary The term Secretary means the Secretary of the Interior. (5) State The term State means the State of New Mexico. 3. Conveyance of certain Federal land in San Juan County, New Mexico (a) In general On request of the landowner, the Secretary shall, under such terms and conditions as the Secretary may prescribe, convey to the landowner all right, title, and interest of the United States in and to any portion of the Federal land (including any improvements or appurtenances to the Federal land) by sale. (b) Survey; administrative costs (1) Survey The exact acreage and legal description of the Federal land to be conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The administrative costs associated with the conveyance shall be paid by the landowner. (c) Consideration (1) In general As consideration for the conveyance of the Federal land under subsection (a), the landowner shall pay to the Secretary an amount equal to the fair market value of the Federal land conveyed, as determined under paragraph (2). (2) Appraisal The fair market value of any Federal land that is conveyed under subsection (a) shall be determined by an appraisal acceptable to the Secretary that is performed in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions; (B) the Uniform Standards of Professional Appraisal Practice; and (C) any other applicable law (including regulations). (d) Disposition and use of proceeds (1) Disposition of proceeds The Secretary shall deposit the proceeds of any conveyance of Federal land under subsection (a) in a special account in the Treasury for use in accordance with paragraph (2). (2) Use of proceeds Amounts deposited under paragraph (1) shall be available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land from willing sellers in the State for resource protection that is consistent with the purposes for which the Bald Eagle Area of Critical Environmental Concern in the State was established. (e) Additional terms and conditions The Secretary may require such additional terms and conditions for a conveyance under subsection (a) as the Secretary determines to be appropriate to protect the interests of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr1260ih/xml/BILLS-113hr1260ih.xml

113-hr-1261

I 113th CONGRESS 1st Session H. R. 1261 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Waters , Mr. Dingell , Mrs. Lowey , Mr. Capuano , Mr. Ellison , Ms. Moore , Mr. Sherman , Ms. Sewell of Alabama , Mr. Clay , Mr. Cleaver , Mr. Foster , Ms. Norton , Ms. Schakowsky , Mr. Rush , Ms. Tsongas , Mr. Tonko , Mr. Van Hollen , Mr. Conyers , Mr. Rangel , Ms. Wilson of Florida , Mr. Carson of Indiana , Mr. Serrano , Mr. Blumenauer , Mr. Nadler , Mr. Honda , Ms. Eshoo , Mr. Cicilline , Mr. McGovern , Mr. Bishop of New York , Mr. Holt , Mr. Moran , Mr. Cohen , Ms. Chu , Ms. Matsui , Mr. Langevin , Ms. Loretta Sanchez of California , Mr. Veasey , Ms. Jackson Lee , Ms. Bass , Mr. Tierney , Mr. George Miller of California , and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to establish fair and transparent practices related to the marketing and provision of overdraft coverage programs at depository institutions, and for other purposes. 1. Short title This Act may be cited as the Overdraft Protection Act of 2013 . 2. Findings and purpose Section 102 of the Truth in Lending Act ( 15 U.S.C. 1601 ) is amended by adding at the end the following new subsection: (c) Fairness and accountability in overdraft coverage (1) Findings The Congress also finds that— (A) overdraft coverage is a form of short-term credit that depository institutions provide for consumer transaction accounts. Historically, depository institutions covered overdrafts for a fee on an ad hoc basis; (B) with the growth in specially designed software programs and in consumer use of debit cards, overdraft coverage for a fee has become more prevalent; (C) many depository institutions offer a range of overdraft options but aggressively encourage consumers to consent to the most expensive option, where a high flat fee is collected for every individual overdraft transaction; (D) most depository institutions collect a high flat fee, including for small dollar transactions, each time the institution covers an overdraft, in some cases impose multiple overdraft coverage fees within a single day, and many charge additional fees for each day during which the account remains overdrawn; and (E) such abusive practices in connection with overdraft coverage fees have deprived consumers of meaningful choices about their accounts and placed significant financial burdens on low- and moderate-income consumers. (2) Purpose It is the purpose of this title to protect consumers by limiting abusive overdraft coverage fees and practices, and by providing meaningful disclosures and consumer choice in connection with overdraft coverage fees. . 3. Definitions (a) Additional definitions Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding at the end the following new subsection: (ee) Definitions relating to overdraft coverage (1) Check The term check has the same meaning as in section 3(6) of the Check Clearing for the 21st Century Act ( 12 U.S.C. 5001 et seq. ), other than a travelers check. (2) Depository institution The term depository institution has the same meaning as in clauses (i) through (vi) of section 19(b)(1)(A) of the Federal Reserve Act ( 12 U.S.C. 461(b)(1)(A) ). (3) Nonsufficient fund fee The term nonsufficient fund fee means a fee or charge assessed in connection with an overdraft for which a depository institution declines payment. (4) Overdraft The term overdraft means, in a withdrawal by check or other debit from a transaction account in which there are insufficient or unavailable funds in the account to cover such check or debit, the amount of such withdrawal that exceeds the available funds in the account. (5) Overdraft coverage The term overdraft coverage means the payment of a check presented or other debit posted against a transaction account by the depository institution in which such account is held, even though there are insufficient or unavailable funds in the account to cover such checks or other debits. (6) Overdraft coverage fee The term overdraft coverage fee means any fee or charge assessed in connection with overdraft coverage, or in connection with any negative account balance that results from overdraft coverage, unless such fee or charge is imposed in connection with— (A) an extension of credit through an overdraft line of credit program where such fee or charge was considered a finance charge under this title as in effect immediately prior to the enactment of the Overdraft Protection Act of 2012; or (B) any transfer from an account linked to another transaction account. Such fee shall be considered a finance charge for purposes of section 106(a), but shall not be included in the calculation of the rate of interest for purposes of section 107(5)(A)(vi) of the Federal Credit Union Act (12 U.S.C. 1757(5)(A)(vi)). (7) Overdraft coverage program The term overdraft coverage program means a service under which a depository institution assesses an overdraft coverage fee for overdraft coverage. (8) Transaction account The term transaction account has the same meaning as in section 19(b)(1)(C) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(C)). . (b) Conforming amendment Section 107(5)(A)(vi) of the Federal Credit Union Act ( 12 U.S.C. 1757(5)(A)(vi) ) is amended by inserting , other than an overdraft coverage fee, as defined in section 103(ee) of the Truth in Lending Act ( 12 U.S.C. 1602(ee) ) after inclusive of all finance charges . 4. Fair marketing and provision of overdraft coverage programs (a) In general Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by adding at the end the following new section: 140B. Overdraft coverage program disclosures and consumer protection (a) Prohibitions No depository institution may engage in acts or practices in connection with the marketing of or the provision of overdraft coverage that are unfair, deceptive, or designed to evade the provisions of this section. (b) Marketing disclosures Each depository institution that provides or offers to provide overdraft coverage with respect to transaction accounts held at that depository institution shall clearly and conspicuously disclose in all marketing materials for such overdraft coverage— (1) any overdraft coverage fees with respect to such overdraft coverage; and (2) that by not opting-in to such overdraft coverage— (A) a consumer’s transaction may be declined if there are insufficient funds in the related transaction account; and (B) the consumer will not be charged a fee if such transaction is declined. (c) Consumer consent opt-In A depository institution may charge overdraft coverage fees with respect to the use of an automatic teller machine or point of sale transaction only if the consumer has consented in writing, in electronic form, or in such other form as is permitted under regulations of the Bureau. (d) Consumer disclosures Each depository institution shall clearly disclose to each consumer covered by an overdraft protection program of that depository institution— (1) that— (A) the consumer may be charged for not more than one overdraft coverage fee in any single calendar month and not more than 6 overdraft coverage fees in any single calendar year, per transaction account; and (B) the depository institution retains the discretion to pay (without assessing an overdraft coverage fee) or reject overdrafts incurred by the consumer beyond the numbers described in subparagraph (A); (2) the overdraft coverage fee as an annual percentage rate, so as to permit consumers to meaningfully compare the overdraft coverage to alternative forms of overdraft options and other sources of credit; (3) information about any alternative overdraft products that are available (such as linked accounts, lines of credit, and alerts), including a clear explanation of how the terms and fees for such alternative services and products differ; and (4) such other information as the Bureau may require, by rule. (e) Periodic statements Each depository institution that offers an overdraft coverage program shall, in each periodic statement for any transaction account that has an overdraft coverage program feature, clearly disclose to the consumer the dollar amount of all overdraft coverage fees and nonsufficient fund fees charged to the consumer for the relevant period and year to date. (f) Exclusion from account balance information No depository institution may include the amount available under the overdraft coverage program of a consumer as part of the transaction account balance of that consumer. (g) Prompt notification Each depository institution shall promptly notify consumers, through a reasonable means selected by the consumer, when overdraft coverage has been accessed with respect to the account of the consumer, not later than on the day on which such access occurs, including— (1) the date of the transaction; (2) the type of transaction; (3) the overdraft amount; (4) the overdraft coverage fee; (5) the amount necessary to return the account to a positive balance; and (6) whether the participation of a consumer in an overdraft coverage program will be terminated if the account is not returned to a positive balance within a given time period. (h) Terminated or suspended coverage Each depository institution shall provide prompt notice to the consumer, using a reasonable means selected by the consumer, if the institution terminates or suspends access to an overdraft coverage program with respect to an account of the consumer, including a clear rationale for the action. (i) Overdraft coverage fee limits (1) Notice and Opportunity To Cancel Each depository institution shall— (A) warn any consumer covered by an overdraft coverage program who engages in a transaction through an automated teller machine or a branch teller if completing the transaction would trigger overdraft coverage fees, including the amount of the fees; and (B) provide to the consumer the opportunity to cancel the transaction before it is completed. (2) Frequency A depository institution may charge not more than one overdraft coverage fee in any single calendar month, and not more than 6 overdraft coverage fees in any single calendar year, per transaction account. (3) Reasonable and proportional overdraft coverage fees (A) In general The amount of any overdraft coverage fee that a depository institution may assess for paying a transaction (including a check or other debit) shall be reasonable and proportional to the amount of the overdraft. (B) Safe harbor rule authorized The Bureau, in consultation with the Board of Governors of the Federal Reserve System, Comptroller of the Currency, the Board of Directors of the Federal Deposit Insurance Corporation, and the National Credit Union Administration Board, may issue rules to provide an amount for any overdraft coverage fee that is presumed to be reasonable and proportional the amount of the overdraft. (4) Posting order In order to minimize overdraft coverage fees charged to consumers, each depository institution shall post transactions with respect to transaction accounts in such a manner that the consumer does not incur avoidable overdraft coverage fees. (j) Debit holds No depository institution may charge an overdraft coverage fee on any category of transaction, if the overdraft results solely from a debit hold amount placed on a transaction account that exceeds the actual dollar amount of the transaction. (k) Nondiscrimination for not opting In In implementing the requirements of this section, each depository institution shall provide to consumers who have not consented to participate in an overdraft coverage program, transaction accounts having the same terms, conditions, or other features as those that are provided to consumers who have consented to participate in such overdraft coverage program, except for features of such overdraft coverage. (l) Nonsufficient fund fee limits No depository institution may charge any nonsufficient fund fee with respect to— (1) any transaction at an automated teller machine; or (2) any debit card transaction. (m) Reports to consumer reporting agencies No depository institution may report negative information regarding the use of overdraft coverage by a consumer to any consumer reporting agency (as that term is defined in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a )) when the overdraft amounts and overdraft coverage fees are repaid under the terms of an overdraft coverage program. (n) Prepaid card study and rulemaking (1) Study (A) In general The Bureau shall carry out a study on whether consumers are being subjected to abusive practices with respect to prepaid card overdraft coverage. (B) Report Not later than 1 year after the date of the enactment of this section, the Bureau shall issue a report to the Congress on all findings and determinations made in carrying out the study required under subparagraph (A). (2) Rulemaking If the Bureau, in carrying out the study required under paragraph (1)(A), determines that consumers are being subjected to abusive practices with respect to prepaid card overdraft coverage, the Bureau may, to the extent the Bureau determines appropriate, apply the provisions of this section to prepaid card overdraft coverage to the same extent such provisions apply to overdraft coverage offered by depository institutions. (3) Definitions For purpose of this section: (A) Prepaid card The term prepaid card has the meaning given the term general-use prepaid card under section 915(a)(2)(A) of the Electronic Fund Transfer Act. (B) Prepaid card overdraft coverage The term prepaid card overdraft coverage means the payment of a charge posted against a prepaid card— (i) where the prepaid card has insufficient or unavailable funds with which to cover such payment; and (ii) where a fee or other charge is assessed against the consumer in connection with such payment. (o) Rule of construction No provision of this section may be construed as prohibiting a depository institution from retaining the discretion to pay, without assessing an overdraft coverage fee or charge, an overdraft incurred by a consumer. . (b) Technical amendment The table of contents for chapter II of the Truth in Lending Act is amended by inserting after the item relating to section 140A the following new item: 140B. Overdraft coverage program disclosures and consumer protection. . 5. Regulatory authority of the Bureau Not later than 24 months after the date of the enactment of this Act, the Bureau of Consumer Financial Protection (hereafter in this Act referred to as the Bureau ) shall issue such final rules and publish such model forms as necessary to carry out section 140B of the Truth in Lending Act, as added by this Act. 6. Effective date (a) In general This Act and the amendments made by this Act shall take effect 1 year after the date of the enactment of this Act, whether or not the rules of the Bureau under this Act or such amendments are prescribed in final form. (b) Prepaid card study To begin on enactment Notwithstanding subsection (a), section 140B(n)(1) of the Truth in Lending Act (as added by section 4(a)) shall take effect upon enactment of this Act. (c) Moratorium on fee increases (1) In general During the 1-year period beginning on the date of the enactment of this Act, no depository institution may increase the overdraft coverage fees or charges assessed on transaction accounts for paying a transaction (including a check or other debit) in connection with an overdraft or for nonsufficient funds. (2) Definitions As used in this section, the terms depository institution , overdraft , overdraft coverage fee , transaction account and nonsufficient fund fee have the same meanings as in section 103(ee) of the Truth in Lending Act, as added by this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1261ih/xml/BILLS-113hr1261ih.xml

113-hr-1262

I 113th CONGRESS 1st Session H. R. 1262 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Markey introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , 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 FAA Modernization and Reform Act of 2012 to provide guidance and limitations regarding the integration of unmanned aircraft systems into United States airspace, and for other purposes. 1. Short title This Act may be cited as the Drone Aircraft Privacy and Transparency Act of 2013 . 2. Findings Congress finds the following: (1) On February 14, 2012, President Obama signed the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 40101 note) into law, and sections 331 through 336 of such Act require the Federal Aviation Administration to fully integrate government, commercial, and recreational unmanned aircraft systems, commonly known as drones , into United States airspace by October 2015. (2) Unmanned aircraft systems have traditionally been used almost exclusively overseas by military and security organizations; however, State and local governments, businesses, and private individuals are increasingly using unmanned aircraft systems in the United States, including deployments for law enforcement operations. (3) As the technology advances and the cost decreases—unmanned aircraft systems are already orders of magnitude less expensive to purchase and operate than piloted aircraft—the market for Federal, State, and local government and commercial unmanned aircraft systems is rapidly growing. (4) It has been estimated there could be as many as 30,000 unmanned aircraft systems in the sky in the United States by 2020. (5) There will no doubt be many beneficial applications of this technology, for as Secretary of Transportation Ray LaHood said in a statement on March 7, 2012, Unmanned aircraft can help us meet a number of challenges, from spotting wildfires to assessing natural disasters. . (6) However, there also is the potential for unmanned aircraft system technology to enable in­va­sive and pervasive surveillance without adequate privacy protections, and currently, no explicit privacy protections or public transparency measures with respect to such system technology are built into the law. (7) Federal standards for informing the public and protecting individual privacy with respect to unmanned aircraft systems are needed. 3. Guidance and limitations regarding unmanned aircraft systems Subtitle B of title III of the FAA Modernization and Reform Act of 2012 ( Public Law 112–95 ; 49 U.S.C. 40101 note) is amended by adding at the end the following new sections: 337. Privacy study and report (a) Study The Secretary of Transportation, in consultation with the Secretary of Commerce, the Chairman of the Federal Trade Commission, and the Chief Privacy Officer of the Department of Homeland Security, shall carry out a study that identifies any potential threats to privacy protections posed by the integration of unmanned aircraft systems into the national airspace system, including any potential violations of the privacy principles. (b) Report Not later than 180 days after the date of enactment of this section, the Secretary of Transportation shall submit a report on the study conducted under subsection (a) to— (1) the Committee on Transportation and Infrastructure of the House of Representatives; (2) the Committee on Energy and Commerce of the House of Representatives; (3) the Committee on Homeland Security of the House of Representatives; (4) the Committee on Environment and Public Works of the Senate; (5) the Committee on Commerce, Science, and Transportation of the Senate; and (6) the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Definitions For purposes of this section and the succeeding sections of this subtitle— (1) the term privacy protections means protections that relate to the use, collection, and disclosure of information and data about individuals and groups of individuals; (2) the term privacy principles means the principles described in Part Two of the Organization for Economic Co-operation and Development guidelines titled Annex to the Recommendation of the Council of 23rd September 1980: Guidelines Governing The Protection Of Privacy And Transborder Flows Of Personal Data , adopted by the Organization for Economic Co-operation and Development on September 23, 1980; and (3) the term law enforcement means— (A) any entity of the United States or of a State or political subdivision thereof, that is empowered by law to conduct investigations of or to make arrests for offenses; and (B) any entity or individual authorized by law to prosecute or participate in the prosecution of such offenses. 338. Rulemaking As part of the rulemaking process required under section 332(b)(1) and the final rule adopted under such section, the Secretary of Transportation shall establish procedures to ensure that the integration of unmanned aircraft systems into the national airspace system is done in compliance with the privacy principles. 339. Data collection statements and data minimization statements (a) In general Beginning on the date of enactment of this section, the Secretary of Transportation may not approve, issue, or award any certificate, license, or other grant of authority to operate an unmanned aircraft system in the national airspace system unless the application for such certificate, license, or other grant of authority includes— (1) a data collection statement in accordance with the requirements of subsection (b) that provides reasonable assurance that the applicant will operate the unmanned aircraft system in accordance with the privacy principles; and (2) in the case of such an unmanned aircraft system that is to be operated by a law enforcement agency or a law enforcement agency contractor or subcontractor, a data minimization statement in accordance with the requirements of subsection (c) that provides reasonable assurance that the applicant will operate the unmanned aircraft system in accordance with the privacy principles. (b) Data collection statement A data collection statement under subsection (a), with respect to an unmanned aircraft system, shall include information identifying— (1) the individuals or entities that will have the power to use the unmanned aircraft system; (2) the specific locations in which the unmanned aircraft system will operate; (3) the maximum period for which the unmanned aircraft system will operate in each flight; (4) whether the unmanned aircraft system will collect information or data about individuals or groups of individuals, and if so— (A) the circumstances under which such system will be used; and (B) the specific kinds of information or data such system will collect about individuals or groups of individuals and how such information or data, as well as conclusions drawn from such information or data, will be used, disclosed, and otherwise handled, including— (i) how the collection or retention of such information or data that is unrelated to the specified use will be minimized; (ii) whether such information or data might be sold, leased, or otherwise provided to third parties, and if so, under what circumstances it might be so sold or leased; (iii) the period for which such information or data will be retained; and (iv) when and how such information or data, including information or data no longer relevant to the specified use, will be destroyed; (5) the possible impact the operation of the unmanned aircraft system may have upon the privacy of individuals; (6) the specific steps that will be taken to mitigate any possible impact identified under paragraph (5), including steps to protect against unauthorized disclosure of any information or data described in paragraph (4), such as the use of encryption methods and other security features that will be used; (7) a telephone number or electronic mail address that an individual with complaints about the operation of the unmanned aircraft system may use to report such complaints and to request confirmation that personally identifiable data relating to such individual has been collected; (8) in the case that personally identifiable data relating to such individual has been collected, a reasonable process for such individual to request to obtain such data in a timely and an intelligible manner; (9) in the case that a request described in paragraph (8) is denied, a process by which such individual may obtain the reasons for the denial and challenge the denial; and (10) in the case that personally identifiable data relating to such individual has been collected, a process by which such individual may challenge the accuracy of such data and, if the challenge is successful, have such data erased or amended. (c) Data minimization statement A data minimization statement described in this subsection, with respect to an unmanned aircraft system operated by a law enforcement agency, contractor, or subcontractor described in subsection (a)(2), shall detail the applicable— (1) policies adopted by the agency, contractor, or subcontractor, respectively, that— (A) minimize the collection by the unmanned aircraft system of information and data unrelated to the investigation of a crime under a warrant; (B) require the destruction of such information and data, as well as of information and data collected by the unmanned aircraft system that is no longer relevant to the investigation of a crime under a warrant or to an ongoing criminal proceeding; and (C) establish procedures for the method of such destruction; and (2) audit and oversight procedures adopted by the agency, contractor, or subcontractor, respectively, that will ensure that such agency, contractor, or subcontractor, respectively, uses the unmanned aircraft system in accordance with the parameters outlined in the data collection statement and the statement required by this subsection. 340. Disclosure of approved certificates, licenses, and other grants of authority (a) In general The Administrator of the Federal Aviation Administration shall make available on the public Internet Web site of the Federal Aviation Administration in a searchable format— (1) the approved certificate, license, or other grant of authority for each unmanned aircraft system awarded a certificate, license, or other grant of authority to operate in the national airspace system, including any such certificate, license, or other grant of authority awarded prior to the date of enactment of this section; (2) information detailing where, when, and for what period each unmanned aircraft system will be operated; (3) information detailing any data security breach that occurs with regard to information collected by an unmanned aircraft system; and (4) in the case of a certificate, license, or other grant of authority awarded on or after the date of enactment of this section to operate an unmanned aircraft system in the national airspace system, the data collection statement described in section 339(b) and, if applicable, the data minimization statement described in section 339(c) required with respect to such unmanned aircraft system. (b) Deadline The Administrator shall complete the requirements under subsection (a) with regard to each unmanned aircraft system— (1) in the case of a certificate, license, or other grant of authority awarded before the date of enactment of this section, not later than 90 days after such date of enactment; and (2) in the case of a certificate, license, or other grant of authority awarded on or after the date of enactment of this section, as soon as is practicable after the date of approval of such certificate, license, or other grant of authority. 341. Warrants required for generalized surveillance (a) In general A person or entity may not use an unmanned aircraft system or request information or data collected by another entity using an unmanned aircraft system for protective activities, or for law enforcement or intelligence purposes, except pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (b) Exception (1) In general Subsection (a) shall not apply in exigent circumstances (as defined in paragraph 2). (2) Exigent circumstances defined Exigent circumstances exist when a law enforcement entity reasonably believes there is— (A) an imminent danger of death or serious physical injury; or (B) a high risk of a terrorist attack by a specific individual or organization, when the Secretary of Homeland Security has determined that credible intelligence indicates there is such a risk. (3) Required documentation In the case of a person or entity operating an unmanned aircraft system under the exception for exigent circumstances created by paragraph (1), documentation justifying the exception shall be submitted to the Secretary of Transportation not later than 7 days after the date of the relevant unmanned aircraft system flight. (4) Information or data unrelated to exigent circumstances A person or entity operating an unmanned aircraft system under the exception for exigent circumstances created by paragraph (1) shall minimize the collection by the unmanned aircraft system of information and data unrelated to the exigent circumstances, and if such unmanned aircraft system incidentally collects any such information or data while being operated under such exception, the person or entity operating the unmanned aircraft system shall destroy such information and data. (5) Prohibition on information sharing A person or entity shall not intentionally divulge information collected in accordance with this section with any other person or entity, except as authorized by law. (6) Prohibition on use as evidence Whenever information has been collected by means of use of an unmanned aircraft system, no part of the contents of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof unless that information is collected in accordance with this section. . 4. Enforcement (a) Prohibited conduct (1) In general It shall be unlawful for a person or entity to operate an unmanned aircraft system in a manner that is not in accordance with the terms of a data collection statement submitted under section 339(a)(1) of the FAA Modernization and Reform Act of 2012, as added by section 3 of this Act, or in a manner that violates any portion of the final rule required under section 332(b)(1) of such Act insofar as such portion relates to the procedures described in section 338 of such Act. (2) Regulations The Commission may promulgate regulations in accordance with section 553 of title 5, United States Code, to carry out paragraph (1) with respect to persons and entities described in subsection (b)(3). (b) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of subsection (a) or the regulations promulgated under such subsection shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of Commission The Commission shall enforce subsection (a) and the regulations promulgated under such subsection in the same manner, by the same means, and with the same powers and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act, and any violator shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act . (3) Applicability Paragraphs (1) and (2) shall apply— (A) with respect to persons, partnerships, and corporations over which the Commission has jurisdiction under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) (except to the extent such person, partnership, or corporation is a law enforcement contractor or subcontractor); and (B) notwithstanding such section, with respect to air carriers and foreign air carriers. (c) Actions by States (1) Civil actions In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice in violation of subsection (a) or a regulation promulgated under such subsection, or by the operation of an unmanned aircraft system in violation of the terms of a data minimization statement submitted under section 339(a)(2) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), the State may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— (A) enjoin the violation; (B) enforce compliance with such subsection, regulation, or statement; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice Before filing an action under this subsection against a person, partnership, or corporation over which the Commission has jurisdiction under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) (except to the extent such person, partnership, or corporation is a law enforcement contractor or subcontractor) or an air carrier or foreign air carrier, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of that action and a copy of the complaint for that action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (3) Authority of the Commission (A) In general On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on State action while Federal action is pending If the Commission or the Attorney General of the United States has instituted a civil action for violation of subsection (a) or a regulation promulgated under such subsection (referred to in this subparagraph as the Federal action ), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation as alleged in that complaint. (4) Rule of construction For purposes of bringing a civil action under this subsection, nothing in this Act or any amendment made by this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (d) Private right of action (1) In general A person injured by an act in violation of subsection (a) or the regulations promulgated under such subsection, or by the operation of an unmanned aircraft system in violation of the terms of a data minimization statement submitted under section 339(a)(2) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), may bring in an appropriate State court or an appropriate district court of the United States— (A) an action to enjoin such violation; (B) an action to recover damages for actual monetary loss from such violation, or to receive up to $1,000 in damages for each such violation, whichever is greater; or (C) both such actions. (2) Intentional violations If the defendant committed a violation described in paragraph (1), and intended to do so, the court may increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1)(B). (3) Costs The court shall award to a prevailing plaintiff in an action under this subsection the costs of such action and reasonable attorney’s fees, as determined by the court. (4) Limitation An action may be commenced under this subsection not later than 2 years after the date on which the person first discovered or had a reasonable opportunity to discover the violation. (5) Nonexclusive remedy The remedy provided by this subsection shall be in addition to any other remedies available to the person. (e) Suits against governmental entities Notwithstanding the Federal Trade Commission Act (15 U.S.C. 41 et seq.), a suit under subsection (c) or subsection (d) may be maintained against a governmental entity. (f) License revocation The Federal Aviation Administration shall revoke the certificate, license, or other grant of authority to operate an unmanned aircraft system if such system is operated in a manner that— (1) is not in accordance with the terms of— (A) a data collection statement submitted under section 339(a)(1) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as added by this Act; or (B) a data minimization statement submitted under section 339(a)(2) of such Act; or (2) violates any portion of the final rule required under section 332(b)(1) of such Act insofar as such portion relates to the procedures described in section 338 of such Act, as added by this Act. (g) Violations Each day on which each unmanned aircraft system is operated in violation of subsection (a), or the regulations promulgated under such subsection, or the terms of a data minimization statement submitted under section 339(a)(2) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note), as added by section 3 of this Act, shall be treated as a separate violation. (h) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Law enforcement The term law enforcement has the meaning given such term in section 337(c)(3) of the FAA Modernization and Reform Act of 2012, as added by section 3 of this Act. (3) State The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe. (4) Unmanned aircraft system The term unmanned aircraft system has the meaning given such term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note). 5. Model aircraft provision Nothing in this Act may be construed to apply to model aircraft as defined in section 336(c) of the FAA Modernization and Reform Act of 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr1262ih/xml/BILLS-113hr1262ih.xml

113-hr-1263

I 113th CONGRESS 1st Session H. R. 1263 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Ms. Matsui (for herself, Mr. Lance , Mr. Waxman , Mr. Engel , Ms. DeGette , and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To increase access to community behavioral health services for all Americans and to improve Medicaid reimbursement for community behavioral health services. 1. Short title This Act may be cited as the Excellence in Mental Health Act . 2. Establishing community behavioral health centers (a) In general Section 1913 of the Public Health Service Act ( 42 U.S.C. 300x–2 ) is amended— (1) in subsection (a)(2)(A), by striking community mental health services and inserting behavioral health services (of the type offered by a certified federally qualified community behavioral health center) ; (2) in subsection (b)— (A) in paragraph (1), by striking community mental health centers and inserting certified federally qualified community behavioral health centers ; and (B) in paragraph (2), by striking community mental health centers and inserting certified federally qualified community behavioral health centers ; and (3) by striking subsection (c) and inserting the following: (c) Certified Federally Qualified Community Behavioral Health Centers (1) Definition For purposes of subsection (a)(2) and subsection (b), the term certified federally qualified community behavioral health center means a nonprofit or local government center that is certified by the Secretary as performing each of the following actions: (A) Providing services in locations that ensure services will be available and accessible promptly and in a manner which preserves human dignity and assures continuity of care. (B) Providing services in a mode of service delivery appropriate for the target population. (C) Providing individuals with a choice of service options where there is more than one efficacious treatment. (D) Employing a core staff of clinical staff that is multidisciplinary and culturally and linguistically competent. (E) Providing services, within the limits of the capacities of the center, to any individual residing or employed in the service area of the center, regardless of the ability of the individual to pay. (F) Providing, directly or through contract, to the extent covered for adults in the State Medicaid plan under title XIX of the Social Security Act and for children in accordance with section 1905(r) of such Act regarding early and periodic screening, diagnosis, and treatment, each of the following services: (i) Screening, assessment, and diagnosis, including risk assessment. (ii) Person-centered treatment planning or similar processes, including risk assessment and crisis planning. (iii) Outpatient mental health and substance use services, including screening, assessment, diagnosis, psychotherapy, medication management, and integrated treatment for mental illness and substance abuse which shall be evidence-based (including cognitive behavioral therapy and other such therapies which are evidence-based). (iv) Outpatient clinic primary care screening and monitoring of key health indicators and health risk (including screening for diabetes, hypertension, and cardiovascular disease and monitoring of weight, height, body mass index (BMI), blood pressure, blood glucose or HbA1C, and lipid profile). (v) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. (vi) Targeted case management (services to assist individuals gaining access to needed medical, social, educational, and other services and applying for income security and other benefits to which they may be entitled). (vii) Psychiatric rehabilitation services including skills training, assertive community treatment, family psychoeducation, disability self-management, supported employment, supported housing services, therapeutic foster care services, and such other evidence-based practices as the Secretary may require. (viii) Peer support and counselor services and family supports. (G) Maintaining linkages, and where possible entering into formal contracts with the following: (i) Federally qualified health centers. (ii) Inpatient psychiatric facilities and substance use detoxification, post detoxification step-down services, and residential programs. (iii) Adult and youth peer support and counselor services. (iv) Family support services for families of children with serious mental or substance abuse disorders. (v) Other community or regional services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies and facilities, housing agencies and programs, employers, and other social services. (vi) Onsite or offsite access to primary care services. (vii) Enabling services, including outreach, transportation, and translation. (viii) Health and wellness services, including services for tobacco cessation. (2) Frequency of certification Certification under paragraph (1) shall be for a 5-year period. The Administrator shall provide an opportunity for recertification at the end of each certification period. (3) Rule of construction Nothing in paragraph (1) shall be construed as prohibiting any State receiving funds appropriated through the Community Mental Health Services Block Grant under this subpart from financing qualified community programs (whether such programs meet the definition of eligible programs prior to or after the date of enactment of the Excellence in Mental Health Act ). . (b) Regulations Not later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with State mental health and substance abuse authorities, shall issue final regulations for certifying nonprofit or local government centers under subsection (c) of section 1913 of the Public Health Service Act, as amended by this section. 3. Medicaid coverage and payment for community behavioral health center services (a) Payment for services provided by federally qualified community behavioral health centers Section 1902(bb) of the Social Security Act (42 U.S.C. 1396a(bb)) is amended— (1) in the heading, by striking and Rural Health Clinics and inserting , Selected Certified FQCBHCs, and Rural Health Clinics ; (2) in paragraph (1), by inserting (and beginning with fiscal year 2014 with respect to services furnished on or after January 1, 2014, and each succeeding fiscal year, for services described in section 1905(a)(2)(D) furnished by a selected certified FQCBHC) after by a rural health clinic ; (3) in paragraph (2)— (A) by striking the heading and inserting Initial fiscal year ; (B) by inserting (or, in the case of services described in section 1905(a)(2)(D) furnished by a selected certified FQCBHC, for services furnished on and after January 1, 2014, during fiscal year 2014) after January 1, 2001, during fiscal year 2001 ; (C) by inserting (or, in the case of services described in section 1905(a)(2)(D) furnished by a selected certified FQCBHC, during fiscal years 2012 and 2013) after 1999 and 2000 ; and (D) by inserting (or, in the case of services described in section 1905(a)(2)(D) furnished by a selected certified FQCBHC, during fiscal year 2014) before the period; (4) in paragraph (3)— (A) in the heading, by striking Fiscal year 2002 and succeeding and inserting Succeeding ; and (B) by inserting (or, in the case of services described in section 1905(a)(2)(D) furnished by a selected certified FQCBHC, for services furnished during fiscal year 2015 or a succeeding fiscal year) after 2002 or a succeeding fiscal year ; (5) in paragraph (4)— (A) by inserting (or as a selected certified FQCBHC after fiscal year 2013) after or rural health clinic after fiscal year 2000 ; (B) by striking furnished by the center or and inserting furnished by the federally qualified health center, services described in section 1905(a)(2)(D) furnished by the selected certified FQCBHC, or ; and (C) in the second sentence, by striking or rural health clinic and inserting , selected certified FQCBHC, or rural health clinic ; (6) in paragraph (5), in each of subparagraphs (A) and (B), by striking or rural health clinic and inserting , selected certified FQCBHC, or rural health clinic ; (7) in paragraph (6), by striking or to a rural health clinic and inserting , to a selected certified FQCBHC for services described in section 1905(a)(2)(D), or to a rural health clinic ; and (8) by adding at the end the following: (7) Selected certified FQCBHC For purposes of this subsection, the term selected certified FQCBHC shall have the meaning given such term in section 1905(l)(4)(B). . (b) Inclusion of community behavioral health center services in the term medical assistance Section 1905(a)(2) of the Social Security Act (42 U.S.C. 1396d(a)(2)) is amended— (1) by striking and before (C) ; and (2) by inserting before the semicolon at the end the following: , and (D) federally qualified community behavioral health center services (as defined in subsection (l)(4)) . (c) Definition of federally qualified community behavioral health center services Section 1905(l) of the Social Security Act (42 U.S.C. 1396d(l)) is amended by adding at the end the following paragraph: (4) (A) The term community behavioral health center services means services furnished to an individual at a selected certified FQCBHC (as defined by subparagraph (B)). (B) The term selected certified FQCBHC means, with respect to a fiscal year, a certified federally qualified community behavioral health center that is selected by the Secretary under subparagraph (D) for such fiscal year. (C) With respect to a fiscal year, for purposes of this paragraph, an entity is a certified federally qualified community behavioral health center for such fiscal year if the entity is a certified federally qualified community behavioral health center under section 1913(c) of the Public Health Service Act for such fiscal year. (D) (i) For purposes of this section and section 1902(bb)— (I) for fiscal years 2014 through 2018, the Secretary shall select 20 percent of the total number of certified federally qualified community behavioral health centers; (II) for fiscal years 2019 through 2023, the Secretary shall select the certified federally qualified community behavioral health centers selected under subclause (II) and an additional 20 percent of the total number of certified federally qualified community behavioral health centers; and (III) for fiscal year 2024 and subsequent fiscal years, the Secretary shall select all certified federally qualified community behavioral health centers. (ii) In making the selections under subclauses (I) and (II) of clause (i), the Secretary shall— (I) ensure geographic diversity of the selected certified FQCBHCs; and (II) take into account the ability of such centers to provide the services required by section 1913 of the Public Health Service Act and to report data as required under this title. . 4. Community-based mental health infrastructure improvement Title V of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended— (1) by redesignating the second part G, as added by section 144 of the Community Renewal Tax Relief Act of 2000 (as enacted into law by section 1(a)(7) of Public Law 106–554 ; 114 Stat. 2763A–619), as part J; (2) by redesignating sections 581 through 584 in such part (42 U.S.C. 290kk through 290kk–3) as sections 595C through 595F, respectively; and (3) by inserting after part J, as so redesignated, the following: K Community-based mental health infrastructure improvements 595G. Grants for community-based mental health infrastructure improvements (a) Grants authorized The Secretary may award grants to eligible entities to expend funds for the construction or modernization of facilities used to provide mental health and substance abuse services to individuals. (b) Eligible entity In this section, the term eligible entity means— (1) a State that is the recipient of a Community Mental Health Services Block Grant under subpart I of part B of title XIX and a Substance Abuse Prevention and Treatment Block Grant under subpart II of such part; or (2) an Indian tribe or a tribal organization (as such terms are defined in sections 4(b) and 4(c) of the Indian Self-Determination and Education Assistance Act). (c) Application An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing— (1) a plan for the construction or modernization of facilities used to provide mental health and substance abuse services to individuals that— (A) designates a single State or tribal agency as the sole agency for the supervision and administration of the grant; (B) contains satisfactory evidence that such agency so designated will have the authority to carry out the plan; (C) provides for the designation of an advisory council, which shall include representatives of nongovernmental organizations or groups, and of the relevant State or tribal agencies, that aided in the development of the plan and that will implement and monitor any grant awarded to the eligible entity under this section; (D) in the case of an eligible entity that is a State, includes a copy of the State plan under section 1912(b) and section 1932(b); (E) (i) includes a listing of the projects to be funded by the grant; and (ii) in the case of an eligible entity that is a State, explains how each listed project helps the State in accomplishing its goals and objectives under the Community Mental Health Services Block Grant under subpart I of part B of title XIX and the Substance Abuse Prevention and Treatment Block Grant under subpart II of such part; (F) includes assurances that the facilities will be used for a period of not less than 10 years for the provision of community-based mental health or substance abuse services for those who cannot pay for such services, subject to subsection (e); and (G) in the case of a facility that is not a public facility, includes the name and executive director of the entity who will provide services in the facility; and (2) with respect to each construction or modernization project described in the application— (A) a description of the site for the project; (B) plans and specifications for the project and State or tribal approval for the plans and specifications; (C) assurance that the title for the site is or will be vested with either the public entity or private nonprofit entity who will provide the services in the facility; (D) assurance that adequate financial resources will be available for the construction or major rehabilitation of the project and for the maintenance and operation of the facility; (E) estimates of the cost of the project; and (F) the estimated length of time for completion of the project. (d) Subgrants by States (1) In general A State that receives a grant under this section may award a subgrant to a qualified community program (as such term is used in section 1913(b)(1)). (2) Use of funds Subgrants awarded pursuant to paragraph (1) may be used for activities such as— (A) the construction, expansion, and modernization of facilities used to provide mental health and substance abuse services to individuals; (B) acquiring and leasing facilities and equipment (including paying the costs of amortizing the principal of, and paying the interest on, loans for such facilities and equipment) to support or further the operation of the subgrantee; (C) the construction and structural modification (including equipment acquisition) of facilities to permit the integrated delivery of behavioral health and primary care of specialty medical services to individuals with co-occurring mental illnesses and chronic medical or surgical diseases at a single service site; and (D) acquiring information technology required to accommodate the clinical needs of primary and specialty care professionals. (3) Limitation Not to exceed 15 percent of grant funds may be used for activities described in paragraph (2)(D). (e) Request To transfer obligation An eligible entity that receives a grant under this section may submit a request to the Secretary for permission to transfer the 10-year obligation of facility use, as described in subsection (c)(1)(F), to another facility. (f) Agreement to Federal share As a condition of receipt of a grant under this section, an eligible entity shall agree, with respect to the costs to be incurred by the entity in carrying out the activities for which such grant is awarded, that the entity will make available non-Federal contributions (which may include State or local funds, or funds from the qualified community program) in an amount equal to not less than $1 for every $1 of Federal funds provided under the grant. (g) Reporting (1) Reporting by States During the 10-year period referred to in subsection (c)(1)(F), the Secretary shall require that a State that receives a grant under this section submit, as part of the report of the State required under the Community Mental Health Services Block Grant under subpart I of part B of title XIX and the Substance Abuse Prevention and Treatment Block Grant under subpart II of such part, a description of the progress on— (A) the projects carried out pursuant to the grant under this section; and (B) the assurances that the facilities involved continue to be used for the purpose for which they were funded under such grant during such 10-year period. (2) Reporting by Indian tribes and tribal organizations The Secretary shall establish reporting requirements for Indian tribes and tribal organizations that receive a grant under this section. Such reporting requirements shall include that such Indian tribe or tribal organization provide a description of the progress on— (A) the projects carried out pursuant to the grant under this section; and (B) the assurances that the facilities involved continue to be used for the purpose for which they were funded under such grant during the 10-year period referred to in subsection (c)(1)(F). (h) Failure To meet obligations (1) In general If an eligible entity that receives a grant under this section fails to meet any of the obligations of the entity required under this section, the Secretary shall take appropriate steps, which may include— (A) requiring that the entity return the unused portion of the funds awarded under this section for the projects that are incomplete; and (B) extending the length of time that the entity must ensure that the facility involved is used for the purposes for which it is intended, as described in subsection (c)(1)(F). (2) Hearing Prior to requesting the return of the funds under paragraph (1)(B), the Secretary shall provide the entity notice and opportunity for a hearing. (i) Collaboration The Secretary may establish intergovernmental and interdepartmental memoranda of agreement as necessary to carry out this section. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1263ih/xml/BILLS-113hr1263ih.xml

113-hr-1264

I 113th CONGRESS 1st Session H. R. 1264 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to increase the Federal medical assistance percentage for the District of Columbia under the Medicaid Program to 75 percent. 1. Short title This Act may be cited as the District of Columbia Medicaid Reimbursement Act of 2013 . 2. Increasing the Medicaid Federal medical assistance percentage for the District of Columbia to 75 percent (a) In general Section 1905(b)(3) of the Social Security Act ( 42 U.S.C. 1396d(b)(3) ) is amended by striking 70 percent and inserting 75 percent . (b) Effective date The amendment made by subsection (a) shall apply to calendar quarters beginning on or after October 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1264ih/xml/BILLS-113hr1264ih.xml

113-hr-1265

I 113th CONGRESS 1st Session H. R. 1265 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. O'Rourke (for himself, Mr. Wilson of South Carolina , and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To require the continuation of tuition assistance programs for members of the Armed Forces for the remainder of fiscal year 2013. 1. Requirement for continuation of authorized tuition assistance programs for members of the Armed Forces for remainder of fiscal year 2013 (a) In general The Secretaries of the military departments shall carry out tuition assistance programs for members of the Armed Forces during the remainder of fiscal year 2013 using amounts specified in subsection (b). (b) Amounts The minimum amount used by the Secretary of a military department for tuition assistance for members of an Armed Force under the jurisdiction of that Secretary pursuant to subsection (a) shall be not less than— (1) the amount appropriated or otherwise made available by the Consolidated and Further Continuing Appropriations Act, 2013 for tuition assistance programs for members of that Armed Force, minus (2) an amount that is not more than the percentage of the reduction required to the Operation and Maintenance account for that Armed Force for fiscal year 2013 by the budget sequester required by section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985.

https://www.govinfo.gov/content/pkg/BILLS-113hr1265ih/xml/BILLS-113hr1265ih.xml

113-hr-1266

I 113th CONGRESS 1st Session H. R. 1266 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Owens introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 40, United States Code, concerning the calculation of transactions for the lease of land ports of entry and international bridges, and for other purposes. 1. Land ports of entry and international bridges Section 3307 of title 40, United States Code, is amended by adding at the end the following: (i) Land ports of entry and international bridges (1) Leases The Administrator is authorized to enter into contracts for the lease of a covered facility and its site for periods of not to exceed 30 years. (2) Calculation of transactions For purposes of the Balanced Budget and Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, the Budget Enforcement Act of 1990, and scorekeeping guidelines, the Office of Management and Budget and the Congressional Budget Office shall score any contract entered into by the Administrator under this chapter for the lease of a covered facility and its site in the same manner as if the contract was entered into on September 30, 1990. (3) Analysis of transactions (A) Analysis required before leases or direct purchases or construction Before entering into a contract for the lease of a covered facility or directly purchasing or constructing a covered facility, the Administrator shall transmit to Congress a report containing an analysis of the cost effectiveness of leasing the covered facility as compared to directly purchasing or constructing the covered facility. (B) Limitation on direct purchases and construction The Administrator may not directly purchase or construct a covered facility if the Administrator determines under subparagraph (A) that leasing the covered facility is more cost effective. (4) Definitions In this subsection, the following definitions apply: (A) Covered facility The term covered facility means a land port of entry or international bridge. (B) Lease The term lease includes a lease purchase. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1266ih/xml/BILLS-113hr1266ih.xml

113-hr-1267

I 113th CONGRESS 1st Session H. R. 1267 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Palazzo introduced the following bill; which was referred to the Committee on Financial Services A BILL To delay and phase-in increases in flood insurance premium rates under the national flood insurance program for certain properties, and for other purposes. 1. Short title This Act may be cited as the Flood Insurance Premium Relief Act of 2013 . 2. Temporary delay of implementation and phase-in of premium rate increases for certain properties (a) Newly purchased properties (1) Delay of implementation For any property that is purchased after July 6, 2012, and before January 1, 2015, the risk premium rate charged for flood insurance under the national flood insurance program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) shall— (A) during the 12-month period beginning upon such purchase, be the amount of such risk premium rate chargeable for such property immediately before such purchase; and (B) thereafter, be a rate that is not less than those estimated under section 1307(a)(1) of such Act ( 42 U.S.C. 4014(a)(1) ), as required by paragraph (2) of that section, subject to paragraph (2) of this subsection. (2) Phase-in of increased rates Upon the expiration of any 12-month period referred to in paragraph (1)(A) with respect to any property, any increase in the risk premium rate charged for flood insurance for such property that is a result of paragraph (1)(B) shall be phased in over a 10-year period, at the rate of 10 percent for each year following the expiration of such 12-month period. (b) Properties with new flood insurance rate maps (1) Delay of implementation For any property that is located in an area that is participating in the national flood insurance program under the National Flood Insurance Act of 1968, that is covered by a flood insurance policy on the date of a covered flood insurance rate map update, and for which the risk premium rate charged for flood insurance for such property has increased, or will increase, as a result of such update, the risk premium rate charged for flood insurance under the national flood insurance program shall, during the 12-month period beginning upon the effective date of such covered flood insurance rate map update, be the amount of such risk premium rate chargeable for such property immediately before the effective date of such update. (2) Phase-in of increased rates Upon the expiration of any 12-month period referred to in paragraph (1) with respect to any property, any increase in the risk premium rate charged for flood insurance for such property that is a result of such covered flood insurance rate map update shall be phased in over a 10-year period, at the rate of 10 percent for each year following the expiration of such 12-month period. (3) Covered flood insurance rate map update For purposes of this subsection, the term covered flood insurance rate map update means any revision or updating of flood insurance rate maps under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4002 et seq. ), or the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112–141 ), that takes effect after July 6, 2012, and before January 1, 2015. 3. Permanent phase-in of premium rate increases for certain properties (a) Properties purchased in 2015 or after Paragraph (2) of section 1307(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(2) ) is amended by striking after the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 and inserting the following: on or after January 1, 2015, except that any increase in the risk premium rate charged for flood insurance resulting from this paragraph for any such property shall be phased in over a 10-year period, at the rate of 10 percent for each year following such purchase . (b) Properties with new flood insurance rate maps effective in 2015 or after Subsection (h) of section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(h) ) is amended— (1) in the first sentence, by inserting before the period at the end the following: and to section 2(b) of the Flood Insurance Premium Relief Act of 2013 ; and (2) in the second sentence— (A) by striking Any increase and inserting In the case of any such update that takes effect on or after January 1, 2015, any increase ; and (B) by striking 5-year period, at the rate of 20 percent and inserting 10-year period, at the rate of 10 percent .

https://www.govinfo.gov/content/pkg/BILLS-113hr1267ih/xml/BILLS-113hr1267ih.xml

113-hr-1268

I 113th CONGRESS 1st Session H. R. 1268 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Palazzo introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure , Financial Services , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to provide a credit for qualified flood mitigation expenses incurred with respect to certain residences for which the chargeable premium rate under the national flood insurance program is increasing and to provide increased funding for mitigation programs. 1. Short title This Act may be cited as the Flood Mitigation Expense Relief Act of 2013 . 2. Credit for certain qualified flood mitigation expenses (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30E. Qualified flood mitigation expenses (a) In general In the case of a qualified taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified flood mitigation expenses paid or incurred by the taxpayer for the taxable year. (b) Limitations The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $5,000. (c) Qualified taxpayer (1) In general For purposes of this section, the term qualified taxpayer means taxpayer who— (A) is the holder of a policy for flood insurance coverage under the national flood insurance program under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ), and (B) owns property— (i) which is covered by such policy for flood insurance coverage under which the chargeable premium rate as of the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (title II of division F of Public Law 112–141 ) is less than the applicable estimated risk premium rate under section 1307(a)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(1) ) for the area (or subdivision thereof) in which the property is located, (ii) for which such chargeable premium rate was increased or will increase, as a result of any provision of the Biggert-Waters Flood Insurance Reform Act of 2012, to the applicable estimated risk premium rate under such section 1307(a)(1) for such area (or subdivision), and (iii) which— (I) has an elevation lower than the base flood elevation, as determined by the applicable flood insurance rate map, or (II) is located in an area that, after the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012, has been designated as having a higher flood risk than the flood risk designated for the area as of such date of enactment. (2) Business employers must be small (A) In general In the case of a taxpayer which is a trade or business, for purposes of this section the term qualified taxpayer shall not include any taxpayer which employed an average of more than 50 employees on business days during such taxable year. (B) Controlled groups For purposes of subparagraph (A), 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 a single employer. (d) Qualified flood mitigation expenses The term qualified flood mitigation expenses shall have the meaning given such term by the Administrator of the Federal Emergency Management Agency. (e) Partnership, S corporations, and other pass-Thru entities In the case of a partnership, trust, S corporation, or other pass-thru entity, the credit and limitations contained in this section shall be determined at the entity level. (f) Application with other credits (1) Business credit treated as part of general business credit So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is determined with respect to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart C for such taxable year. (g) Termination Subsection (a) shall not apply to any amount paid or incurred after December 31, 2022. . (b) Conforming amendments (1) Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of section (36) and inserting , plus , and by inserting after paragraph (36) the following new paragraph: (37) the portion of the credit for qualified flood mitigation expenses to which section 30E(f)(1) applies. . (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 30E(f)(2), after 25A, . (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 30E. Qualified flood mitigation expenses. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2012. 3. Increased funding for mitigation programs (a) Authorization of appropriations There are authorized to be appropriated to the Administrator of the Federal Emergency Management Agency— (1) $100,000,000 for carrying out the predisaster hazard mitigation program authorized by section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); and (2) $100,000,000 for carrying out the flood mitigation assistance program authorized by section 1366 of the National Flood Insurance Act of 1969 ( 42 U.S.C. 4104c ), which shall remain available until expended. (b) Use of funds In carrying out the programs specified in subsection (a) using the amounts made available to the Administrator under this section, the Administrator shall ensure that such amounts are used as follows: (1) Activities Such amounts may be used only for— (A) mitigation activities under such programs for properties eligible pursuant to paragraph (2); and (B) acquisition by States and communities of properties eligible pursuant to paragraph (2). (2) Properties Such amounts may be used only with respect to properties that— (A) are located in an area for which revised flood insurance rate maps under the national flood insurance program take effect after the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112–141 ; 126 Stat. 916); and (B) (i) have an elevation that is lower than the base flood elevation for the area in which the property is located, as determined by the applicable such flood insurance rate map; or (ii) are located in an area that, after the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012, has been designated as having a higher flood risk than the flood risk designated for the area as of such date of enactment. 4. Repeal of Energy Star Program The Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency is hereby terminated and any appropriation or amount otherwise made available for such program which is not obligated or expended as of the date of the enactment of this Act is hereby rescinded.

https://www.govinfo.gov/content/pkg/BILLS-113hr1268ih/xml/BILLS-113hr1268ih.xml

113-hr-1269

I 113th CONGRESS 1st Session H. R. 1269 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Radel (for himself, Mr. Amash , and Mr. Massie ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committees on the Judiciary and Select Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the use of lethal military force against citizens of the United States located within the United States. 1. Short title This Act may be cited as the Life, Liberty, and Justice for All Americans Act . 2. Prohibition on use of lethal military force against citizens of the United States within the United States (a) Prohibition The President may not use lethal military force against a citizen of the United States who is located in the United States. (b) Exception The prohibition under subsection (a) shall not apply to the President using lethal military force against an individual if the President determines that— (1) the individual poses an imminent threat of death or serious bodily injury to another individual; and (2) using such force will prevent or minimize such deaths or serious bodily injuries. (c) Construction Nothing in this section shall be construed to suggest that the Constitution would otherwise allow the killing of a citizen of the United States without due process of law. (d) Definitions In this section: (1) The term lethal military force means a targeted killing or other lethal action by the Federal Government that is typically used against an enemy of the United States, including through the use of an unmanned aircraft or other aircraft, regardless of the department or agency carrying out the targeted killing or other action. (2) The term serious bodily injury has the meaning given that term in section 1365(h)(3) of title 18, United States Code. (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. (4) The term unmanned aircraft has the meaning given that term in section 331(8) of the FAA Modernization and Reform Act of 2012 ( 49 U.S.C. 40101 note).

https://www.govinfo.gov/content/pkg/BILLS-113hr1269ih/xml/BILLS-113hr1269ih.xml

113-hr-1270

I 113th CONGRESS 1st Session H. R. 1270 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mrs. Roby (for herself, Mrs. Ellmers , Mr. Gibbs , Mr. Gardner , Mr. Brooks of Alabama , Mr. Kinzinger of Illinois , and Mr. Griffin of Arkansas ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Rules and 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 provide for greater transparency and honesty in the Federal budget process. 1. Short title and table of contents (a) Short title This Act may be cited as the Honest Budget Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. No budget—no appropriations. Sec. 3. No phony emergency or disaster designations. Sec. 4. Strengthen the Federal Credit Reform Act of 1990. Sec. 5. No changes in mandatory programs in appropriation bills. Sec. 6. Don’t count rescissions that don’t save money. Sec. 7. Suspension of step increases for Federal employees during a pay-adjustment suspension period. Sec. 8. Point of order against advance appropriations. Sec. 9. Prohibit timing shifts. Sec. 10. Budget scoring rule relating to transfers from the general fund of the Treasury to the Highway Trust Fund that increase public indebtedness. Sec. 11. Requirement in budget submission with respect to the cost per taxpayer of the deficit. 2. No budget—no appropriations Section 904 of the Congressional Budget Act of 1974 ( 2 U.S.C. 621 note) is amended— (1) in subsection (c)(1), by inserting after Sections the following: 303(c), ; and (2) in subsection (d)(2), by inserting after sections the following: 303(c), . 3. No phony emergency or disaster designations (a) Emergency requirement in a bill, joint resolution, or conference report (1) In general It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, or conference report that— (A) designates as an emergency requirement, pursuant to section 403 of S. Con. Res. 13 (110th Congress, the FY 2010 Budget Resolution), clause 10(c) of rule XXI of the Rules of the House of Representatives, section 4(g) of the Statutory Pay-As-You-Go Act of 2010, or section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 any provision that creates discretionary or direct spending or decreases revenues; or (B) designates as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) Waiver An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order against such a measure raised under this subsection. (3) Exception For purposes of this subsection, a conference report may include an emergency designation only if it was also adopted in the House of Representatives or Senate version of the measure subject to the conference report. (b) Emergency requirement in an amendment (1) In general It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, or conference report that— (A) designates as an emergency requirement, pursuant to section 403 of S. Con. Res. 13 (110th Congress, the FY 2010 Budget Resolution), clause 10(c) of rule XXI of the Rules of the House of Representatives, section 4(g) of the Statutory Pay-As-You-Go Act of 2010, or section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 any provision that creates discretionary or direct spending or decreases revenues; or (B) designates as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. (2) Waiver and appeal A point of order against an amendment under this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. In the Senate, an affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order against such an amendment raised under this subsection. (c) Rules or orders in the House of Representatives In the House of Representatives, it shall not be in order to consider a rule or order that waives the application of subsection (a) or (b). As disposition of a point of order under this subsection, the Chair shall put the question of consideration with respect to the rule or order. The question of consideration shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent, but shall otherwise be decided without intervening motion except one that the House adjourn. (d) Changes to the Statutory Pay-As-You-Go Act of 2010 Section 4(g) of the Statutory Pay-As-You-Go Act of 2010 is amended by striking paragraph (3) and inserting the following: (3) Designation in the House of Representatives or the Senate A provision or provisions designated as an emergency requirement pursuant to this section are subject to section 3 of the Honest Budget Act of 2013 . . 4. Strengthen the Federal Credit Reform Act of 1990 Title V of the Congressional Budget Act of 1990 is amended to read as follows: V Credit reform 500. Short title This title may be cited as the Federal Credit Reform Act of 1990 . 501. Purposes The purposes of this title are to— (1) measure more accurately the costs of Federal credit programs and financial investments by accounting for them on a fair value basis; (2) place the cost of credit programs and financial investments on a budgetary basis equivalent to other Federal spending; (3) encourage the delivery of benefits in the form most appropriate to the needs of beneficiaries; and (4) improve the allocation of resources among Federal programs. 502. Definitions For purposes of this title: (1) The term direct loan means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds with or without interest. The term includes the purchase of, or participation in, a loan made by another lender and financing arrangements that defer payment for more than 90 days, including the sale of a Government asset on credit terms. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims or the price support loans of the Commodity Credit Corporation. (2) The term direct loan obligation means a binding agreement by a Federal agency to make a direct loan when specified conditions are fulfilled by the borrower. (3) The term loan guarantee means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. (4) The term loan guarantee commitment means a binding agreement by a Federal agency to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. (5) (A) The term financial investment means an investment by the Government in any securities (debt or equity), stocks, bonds, or futures, options, swaps, or other derivatives, issued by a non-Federal entity, including State, local tribal, and foreign governments, and private organizations, regardless of whether the issuances are federally guaranteed, or issued by a Federal entity if the issuance consists of marketable securities. (B) The term includes Government investments in money market and mutual funds, even if the money market or mutual fund’s assets consist entirely of Federal securities. (6) The term financial investment commitment means a binding agreement by a Federal agency to acquire a financial investment when specified conditions are fulfilled by other party to the investment agreement. (7) (A) The term cost means the sum of the Treasury discounting component and the risk component of a direct loan, loan guarantee, or financial investment or a modification thereof. (B) The Treasury discounting component shall be the estimated long-term cost to the Government of a direct loan, loan guarantee, or financial investment or modification thereof, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. (C) The risk component shall be an amount equal to the difference between— (i) the estimated long-term cost to the Government of a direct loan, loan guarantee, or financial investment or modification thereof, estimated on a fair value basis, applying the guidelines set forth by the Financial Accounting Standards Board in Financial Accounting Standards #157, or a successor thereto, excluding administrative costs and any incidental effects on governmental receipts or outlays; and (ii) the Treasury discounting component of such direct loan, loan guarantee, or financial investment or modification thereof. (D) The Treasury discounting component of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following estimated cash flows: (i) Loan disbursements. (ii) Repayments of principal. (iii) Essential preservation expenses, payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries, including the effects of changes in loan terms resulting from the exercise by the borrower of an option included in the loan contract. (E) The Treasury discounting component of a loan guarantee shall be the net present value, at the time when the direct loan is disbursed, of the following estimated cash flows: (i) Payments by the Government to cover defaults and delinquencies, interests subsidies, essential preservation expenses, or other payments. (ii) Payments to the Government including origination and other fees, penalties, and recoveries, including the effects of changes in loan terms resulting from the exercise by the guaranteed lender of an option included in the loan guarantee contract, or by the borrower of an option included in the guaranteed loan contract. (F) The Treasury discounting component of a financial investment shall be the net present value, at the time the financial investment is executed, of the following estimated cash flows: (i) Payments by the Government including essential preservation expenses. (ii) Payments to the Government including any dividends, periodic payments, fees, penalties, or recoveries. Including the effects of changes in investment terms resulting from the exercise by the non-Federal entity of an option included in the investment contract. (G) The cost of a modification is the sum of— (i) the difference between the current estimate of the Treasury discounting component of the remaining cash flows under the terms of a direct loan, loan guarantee, or financial investment contract, and the current estimate of the Treasury discounting component of the remaining cash flows under the terms of the contract, as modified; and (ii) the difference between the current estimate of the risk component of the remaining cash flows under the terms of a direct loan, loan guarantee, or financial investment contract, and the current estimate of the risk component of the remaining cash flows under the terms of the contract as modified. (H) In estimating Treasury discounting components, the discount rate shall be the average interest rate on marketable Treasury securities of similar duration to the cash flows of the direct loan or loan guarantee for which the estimate is being made. (I) When funds are obligated for a direct loan or loan guarantee, the estimated cost shall be based on the current assumptions, adjusted to incorporate the terms of the loan contract, for the fiscal year in which the funds are obligated. (8) The term program account means the budget account into which an appropriation to cover the cost of a direct loan, loan guarantee, or financial investment program is made and from which such cost is disbursed to the financing account. (9) The term financing account means the nonbudget account or accounts associated with each program account which holds balances, receives the cost payment from the program account, and also includes all other cash flows to and from the Government resulting from direct loan obligations or loan guarantee commitments made on or after October 1, 1991, or financial investment commitments made on or after October 1, 2016. (10) The term liquidating account means the budget account that includes all cash flows to and from the Government resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991. These accounts shall be shown in the budget on a cash basis. (11) The term modification means any Government action that alters the estimated cost of an outstanding direct loan (or direct loan obligation), an outstanding loan guarantee (or loan guarantee commitment), or outstanding financial investment (or financial investment commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans (or direct loan obligations), loan guarantees (or loan guarantee commitments), financial investments (or financial investment commitments) such as a change in collection procedures. (12) The term current has the same meaning as in section 250(c)(9) of the Balanced Budget and Emergency Deficit Control Act of 1985. (13) The term Director means the Director of the Office of Management and Budget. (14) The term administrative costs means costs related to program management activities, but does not include essential preservation expenses. (15) The term essential preservation expenses means servicing and other costs that are essential to preserve the value of loan assets or collateral. 503. OMB and CBO analysis, coordination, and review (a) In general For the executive branch, the Director shall be responsible for coordinating the estimates required by this title. The Director shall consult with the agencies that administer direct loan or loan guarantee, or financial investment programs. (b) Delegation The Director may delegate to agencies authority to make estimates of costs. The delegation of authority shall be based upon written guidelines, regulations, or criteria consistent with the definitions in this title. (c) Coordination with the Congressional Budget Office In developing estimation guidelines, regulations, or criteria to be used by Federal agencies, the Director shall consult with the Director of the Congressional Budget Office. (d) Improving cost estimates The Director and the Director of the Congressional Budget Office shall coordinate the development of more accurate data on historical performance and prospective risk of direct loan, loan guarantee, and financial investment programs. They shall annually review the performance of outstanding direct loans, loan guarantees, and financial investment to improve estimates of costs. The Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate the development and improvement of estimates of costs. (e) Historical credit programs costs The Director shall review, to the extent possible, historical data and develop the best possible estimates of adjustments that would convert aggregate historical budget data to credit reform accounting. 504. Budgetary treatment (a) President’s budget Beginning with fiscal year 1992, the President's budget shall reflect the Treasury discounting component of direct loan and loan guarantee programs. Beginning with fiscal year 2017, the President’s budget shall reflect the costs of direct loan, loan guarantee, and financial investment programs. The budget shall also include the planned level of new direct loan obligations, loan guarantee commitments, or financial investment commitments associated with each appropriations request. (b) Appropriations required Notwithstanding any other provision of law, new direct loan obligations may be incurred and new loan guarantee commitments may be made of fiscal year 1992 and thereafter and new financial investment commitments may be made for fiscal year 2017 and thereafter only to the extent that— (1) new budget authority to cover their costs is provided in advance in an appropriations Act; (2) a limitation on the use of funds otherwise available for the cost of a direct loan, loan guarantee, or financial investment program has been provided in advance in an appropriations Act; or (3) authority is otherwise provided in appropriation Acts. (c) Exemption for mandatory programs Subsections (b) and (e) shall not apply to a direct loan or loan guarantee program that— (1) constitutes an entitlement (such as the guaranteed student loan program or the veteran's home loan guaranty program); or (2) all existing credit programs of the Commodity Credit Corporation on the date of enactment of this title. (d) Budget accounting (1) The authority to incur new direct loan obligations, make new loan guarantee commitments, make new financial investment commitments, or modify outstanding direct loans (or direct loan obligations), loan guarantees (or loan guarantee commitments), financial investments (or financial investment commitments) shall constitute new budget authority in an amount equal to the cost of the direct loan or loan guarantee in the fiscal year in which definite authority becomes available or indefinite authority is used. Such budget authority shall constitute an obligation of the program account to pay to the financing account. (2) The outlays resulting from new budget authority for the cost of direct loans, loan guarantees, or financial investment described in paragraph (1) shall be paid from the program account into the financing account and recorded in the fiscal year in which the direct loan, the guaranteed loan, or financial investment is disbursed or its costs altered. (3) All collections and payments of the financing accounts shall be a means of financing. (e) Modifications An outstanding direct loan (or direct loan obligation), loan guarantee (or loan guarantee commitment), or financial investment (or financial investment commitment) shall not be modified in a manner that increases its costs unless budget authority for the additional cost has been provided in advance in an appropriations Act. (f) Re-Estimates When the estimated cost for a group of direct loans, loan guarantees, or financial investments for a given program made in a single fiscal year is re-estimated in a subsequent year, the difference between the re-estimated cost and the previous cost estimate shall be displayed as a distinct and separately identified subaccount in the program account as a change in program costs and a change in net interest. There is hereby provided permanent indefinite authority for these re-estimates. (g) Administrative expenses All funding for an agency's administrative costs associated with a direct loan, loan guarantee, or financial investment program shall be displayed as distinct and separately identified subaccounts within the same budget account as the program’s cost. 505. Authorizations (a) Authorization of appropriations for costs There are authorized to be appropriated to each Federal agency authorized to make direct loan obligations, loan guarantee commitments, or financial investment commitments such sums as may be necessary to pay the cost associated with such direct loan obligations, loan guarantee commitments, or financial investment commitments. (b) Authorization for financing accounts In order to implement the accounting required by this title, the President is authorized to establish such non-budgetary accounts as may be appropriate. (c) Treasury transactions with the financing accounts (1) In general The Secretary of the Treasury shall borrow from, receive from, lend to, or pay to the financing accounts such amounts as may be appropriate. The Secretary of the Treasury may prescribe forms and denominations, maturities, and terms and conditions for the transactions described in the preceding sentence, except that the rate of interest charged by the Secretary on lending to financing accounts (including amounts treated as lending to financing accounts by the Federal Financing Bank (hereinafter in this subsection referred to as the Bank ) pursuant to section 405(b)) and the rate of interest paid to financing accounts on uninvested balances in financing accounts shall be the same as the rate determined pursuant to section 502(7)(H). (2) Loans For guaranteed loans financed by the Bank and treated as direct loans by a Federal agency pursuant to section 406(b)(1), any fee or interest surcharge (the amount by which the interest rate charged exceeds the rate determined pursuant to section 502(7)(H)) that the Bank charges to a private borrower pursuant to section 6(c) of the Federal Financing Bank Act of 1973 shall be considered a cash flow to the Government for the purposes of determining the cost of the direct loan pursuant to section 502(7). All such amounts shall be credited to the appropriate financing account. (3) Reimbursement The Bank is authorized to require reimbursement from a Federal agency to cover the administrative expenses of the Bank that are attributable to the direct loans financed for that agency. All such payments by an agency shall be considered administrative expenses subject to section 504(g). This subsection shall apply to transactions related to direct loan obligations or loan guarantee commitments made on or after October 1, 1991. (4) Authority The authorities provided in this subsection shall not be construed to supersede or override the authority of the head of a Federal agency to administer and operate a direct loan or loan guarantee program. (5) Title 31 All of the transactions provided in the subsection shall be subject to the provisions of subchapter II of chapter 15 of title 31, United States Code. (6) Treatment of cash balances Cash balances of the financing accounts in excess of current requirements shall be maintained in a form of uninvested funds and the Secretary of the Treasury shall pay interest on these funds. The Secretary of the Treasury shall charge (or pay if the amount is negative) financing accounts an amount equal to the risk component for a direct loan, loan guarantee, or financial investment or modification thereof. Such amount received by the Secretary of the Treasury shall be a means of financing and shall not be considered a cash flow of the Government for the purposes of section 502(7). (d) Authorization for liquidating accounts (1) Amounts in liquidating accounts shall be available only for payments resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991, for— (A) interest payments and principal repayments to the Treasury or the Federal Financing Bank for amounts borrowed; (B) disbursements of loans; (C) default and other guarantee claim payments; (D) interest supplement payments; (E) payments for the costs of foreclosing, managing, and selling collateral that are capitalized or routinely deducted from the proceeds of sales; (F) payments to financing accounts when required for modifications; (G) administrative costs and essential preservation expenses, if— (i) amounts credited to the liquidating account would have been available for Administrative costs and essential preservation expenses under a provision of law in effect prior to October 1, 1991; and (ii) no direct loan obligation or loan guarantee commitment has been made, or any modification of a direct loan or loan guarantee has been made, since September 30, 1991; or (H) such other payments as are necessary for the liquidation of such direct loan obligations and loan guarantee commitments. (2) Amounts credited to liquidating accounts in any year shall be available only for payments required in that year. Any unobligated balances in liquidating accounts at the end of a fiscal year shall be transferred to miscellaneous receipts as soon as practicable after the end of the fiscal year. (3) If funds in liquidating accounts are insufficient to satisfy obligations and commitments of such accounts, there is hereby provided permanent, indefinite authority to make any payments required to be made on such obligations and commitments. (e) Authorization of appropriations for implementation expenses There are authorized to be appropriated to existing accounts such sums as may be necessary for salaries and expenses to carry out the responsibilities under this title. (f) Reinsurance Nothing in this title shall be construed as authorizing or requiring the purchase of insurance or reinsurance on a direct loan or loan guarantee from private insurers. If any such reinsurance for a direct loan or loan guarantee is authorized, the cost of such insurance and any recoveries to the Government shall be included in the calculation of the cost. (g) Eligibility and assistance Nothing in this title shall be construed to change the authority or the responsibility of a Federal agency to determine the terms and conditions of eligibility for, or the amount of assistance provided by a direct loan or a loan guarantee. 506. Treatment of deposit insurance and agencies and other insurance programs This title shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority. 507. Effect on other laws (a) Effect on other laws This title shall supersede, modify, or repeal any provision of law enacted prior to the date of enactment of this title to the extent such provision is inconsistent with this title. Nothing in this title shall be construed to establish a credit limitation on any Federal loan or loan guarantee program. (b) Crediting of collections Collections resulting from direct loans obligated or loan guarantees committed prior to October 1, 1991, shall be credited to the liquidating accounts of Federal agencies. Amounts so credited shall be available, to the same extent that they were available prior to the date of enactment of this title, to liquidate obligations arising from such direct loans obligated or loan guarantees committed prior to October 1, 1991, including repayment of any obligations held by the Secretary of the Treasury or the Federal Financing Bank. The unobligated balances of such accounts that are in excess of current needs shall be transferred to the general fund of the Treasury. Such transfers shall be made from time to time but, at least once each year. . 5. No changes in mandatory programs in appropriation bills Section 302(f) of the Congressional Budget Act of 1974 is amended to read as follows: (f) Legislation subject to point of order (1) In the House of Representatives (A) After the Congress has completed action on a concurrent resolution on the budget for a fiscal year, it shall not be in order in the House of Representatives to consider any bill, joint resolution, or amendment providing new budget authority or outlays for any fiscal year, or any conference report on any such bill or joint resolution, if the enactment of such bill or resolution as reported, the adoption and enactment of such amendment, or the enactment of such bill or resolution in the form recommended in such conference report, would cause— (i) the applicable allocation of new budget authority or outlays made under subsection (a) or (b) for the first fiscal year or the total of fiscal years to be exceeded, or (ii) appropriations legislation to contain a provision that would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 were it included in legislation other than appropriations legislation, if such provision does not result in net outlay savings over the total of the period of the current year, the budget year, and all fiscal years covered under the most recently adopted concurrent resolution on the budget. (B) In the House of Representatives, it shall not be in order to consider a rule or order that waives the application of subparagraph (A). As disposition of a point of order under this subparagraph, the Chair shall put the question of consideration with respect to the rule or order. The question of consideration shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent, but shall otherwise be decided without intervening motion except one that the House adjourn. (2) In the Senate After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill or joint resolution, amendment, motion, or conference report that— (A) in the case of any committee except the Committee on Appropriations, would cause the applicable allocation of new budget authority or outlays under subsection (a) for the first fiscal year or the total of fiscal years to be exceeded; or (B) in the case of the Committee on Appropriations would— (i) cause the applicable suballocation of new budget authority or outlays under subsection (b) to be exceeded; or (ii) includes one or more provisions that would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 were they included in legislation other than appropriations legislation, if such provision does not result in net outlay savings over the total of the period of the current year, the budget year, and all fiscal years covered under the most recently adopted concurrent resolution on the budget. . 6. Don’t count rescissions that don’t save money Section 312(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 643(a) ) is amended— (1) by striking For purposes and inserting the following: (1) In general For purposes; ; and (2) by adding at the end the following: (2) Exclusion In making determinations under paragraph (1), the committee shall not count rescissions of budget authority that do not result in outlay savings over the period of fiscal years covered by the concurrent resolution on the budget. . 7. Suspension of step increases for Federal employees during a pay-adjustment suspension period (a) Periodic step increases Section 5335 of title 5, United States Code, is amended by adding at the end the following: (g) (1) Under regulations prescribed by the Office of Personnel Management— (A) the benefit of step-increases under this section shall, in the case of any such increase which would otherwise take effect during a pay-adjustment suspension period, be suspended until the expiration of such period (or, in the case of successive suspension periods, the last of them); and (B) after the end of the pay-adjustment suspension period (or, in the case of successive suspension periods, the last of them)— (i) the rate of pay payable for any service performed after the end of such suspension period (or, if applicable, the last of them) shall be recomputed so as to be equal to the rate that would then be payable if step-increases under this subsection had not been suspended under subparagraph (A) during such suspension period (or periods); and (ii) service performed by an employee before, during, or after a suspension period (or successive suspension periods) shall, for purposes of any determination of eligibility for a step-increase under this section, be computed without regard to subparagraph (A). (2) For purposes of this subsection— (A) the term pay-adjustment suspension period or suspension period means any calendar year in which an annual pay adjustment for statutory pay systems is denied, in its entirety, under authority of section 5303(b) (as determined by the Office); and (B) the term statutory pay system has the meaning given such term by section 5302. . (b) Additional step increases Section 5336 of title 5, United States Code, is amended by adding at the end the following: (d) (1) Under regulations prescribed by the Office of Personnel Management— (A) the benefit of additional step-increases under this section shall, in the case of any such increase which would otherwise take effect during a pay-adjustment suspension period, be suspended until the expiration of such period (or, in the case of successive suspension periods, the last of them); and (B) after end of the pay-adjustment suspension period (or, in the case of successive suspension periods, the last of them)— (i) the rate of pay payable for any service performed after the end of such suspension period (or, if applicable, the last of them) shall be recomputed so as to be equal to the rate that would then be payable if additional step-increases under this subsection had not been suspended under subparagraph (A) during such suspension period (or periods); and (ii) for purposes of the second sentence of subsection (a), an additional step-increase shall be attributed to the 52-week period during which such increase would (but for this subsection) otherwise have taken effect. (2) For purposes of this subsection, the term pay-adjustment suspension period or suspension period means a pay-adjustment suspension period under section 5335(g). . 8. Point of order against advance appropriations (a) In general (1) Point of order Except as provided in subsection (b), it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, motion, amendment, or conference report that would provide an advance appropriation. (2) Definition In this section, the term advance appropriation means any new budget authority provided in a bill or joint resolution making appropriations for a fiscal year that first becomes available for any fiscal year after that fiscal year, or any new budget authority provided in a bill or joint resolution making general appropriations or continuing appropriations for any budget year, that first becomes available for any fiscal year after that budget year. (b) Exceptions Advance appropriations may be provided as follows: (1) In an aggregate amount not to exceed $28,852,000,000 in new budget authority in each fiscal year for the following programs, projects, activities, or accounts: (A) Employment and Training Administration. (B) Job Corps. (C) Education for the Disadvantaged. (D) School Improvement. (E) Children and Family Services (Head Start). (F) Special Education. (G) Career, Technical, and Adult Education. (H) Financial Services and General Government: Payment to Postal Service. (I) Transportation, Housing and Urban Development: Tenant-based Rental Assistance Project-based Rental Assistance. (2) For the Corporation for Public Broadcasting. (3) For the Department of Veterans Affairs for the Medical Services, Medical Support and Compliance, and Medical Facilities accounts of the Veterans Health Administration. (c) Supermajority waiver and appeal (1) Waiver In the House of Representatives or the Senate, subsection (a)(1) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. (2) Appeal In the Senate, an affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). (d) Form of point of order A point of order under subsection (a) may be raised by any Member as provided in section 313(e) of the Congressional Budget Act of 1974. (e) Rules or orders in the House of Representatives In the House of Representatives, it shall not be in order to consider a rule or order that waives the application of subsection (a)(1). As disposition of a point of order under this subsection, the Chair shall put the question of consideration with respect to the rule or order. The question of consideration shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent, but shall otherwise be decided without intervening motion except one that the House adjourn. (f) Conference reports When the House of Representatives or the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill, upon a point of order being made by any Member pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the applicable House shall proceed to consider the question of whether it shall recede from its amendment and concur with a further amendment, or concur in the amendment of the other House with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or amendment, as the case may be, not so stricken. Any such motion in the House of Representatives or Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or House or Senate amendment, as applicable, derived from such conference report by operation of this subsection), no further amendment shall be in order. 9. Prohibit timing shifts (a) In general In the House of Representatives or the Senate, for purposes of enforcement of points of order established under the Congressional Budget Act of 1974, S. Con. Res. 21 (110th Congress; Fiscal Year 2008 Budget Resolution), S. Con. Res. 70 (110th Congress; Fiscal Year 2009 Budget Resolution), S. Con. Res. 13 (111th Congress; Fiscal Year 2010 Budget Resolution), and subsequent concurrent resolutions on the budget, a provision in any bill, resolution, amendment, motion, amendment between houses, or conference report that shifts outlays or revenues from one year to another by a date change to act as an offset for other provisions that increase the deficit for a time period shall not count. (b) Rules or orders in the House of Representatives In the House of Representatives, it shall not be in order to consider a rule or order that waives the application of subsection (a). As disposition of a point of order under this subsection, the Chair shall put the question of consideration with respect to the rule or order. The question of consideration shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent, but shall otherwise be decided without intervening motion except one that the House adjourn. 10. Budget scoring rule relating to transfers from the general fund of the Treasury to the Highway Trust Fund that increase public indebtedness (a) In general In the House of Representatives or the Senate, for purposes of enforcement of points of order established under the Congressional Budget Act of 1974, S. Con. Res. 21 (110th Congress; Fiscal Year 2008 Budget Resolution), S. Con. Res. 70 (110th Congress; Fiscal Year 2009 Budget Resolution), S. Con. Res. 13 (111th Congress; Fiscal Year 2010 Budget Resolution), and subsequent concurrent resolutions on the budget, a bill, resolution, amendment, motion, amendment between houses, or conference report that transfers funds from the general fund of the Treasury to the Highway Trust Fund and that increases the level of indebtedness that is subject to the current applicable statutory public debt limit shall be counted by the chairman of the Committee on the Budget of the House of Representatives or the Senate, as applicable, as new budget authority and outlays equal to the amount of the transfer in the fiscal year the transfer occurs. (b) Rules or orders in the house of representatives In the House of Representatives, it shall not be in order to consider a rule or order that waives the application of subsection (a). As disposition of a point of order under this subsection, the Chair shall put the question of consideration with respect to the rule or order. The question of consideration shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent, but shall otherwise be decided without intervening motion except one that the House adjourn. 11. Requirement in budget submission with respect to the cost per taxpayer of the deficit Section 1105(a) of title 31, United States Code, is amended— (1) by redesignating paragraph (37) (relating to the list of outdated or duplicative plans and reports) as paragraph (39); and (2) by adding at the end the following: (40) in the case of a fiscal year in which the budget is projected to result in a deficit, an estimate of the pro rata cost of such deficit for taxpayers who will file individual income tax returns for taxable years ending during such fiscal year. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1270ih/xml/BILLS-113hr1270ih.xml

113-hr-1271

I 113th CONGRESS 1st Session H. R. 1271 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Takano 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 allow employers a credit against income tax as an incentive to partner with educational institutions to provide skills training for students. 1. Short title This Act may be cited as the Job Skills for America’s Students Act of 2013 . 2. Credit for employers which partner with educational institutions to provide skills training for students (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: 45S. Employers partnering with educational institutions to provide skills training for students (a) General rule For purposes of section 38, the employer partnering credit determined under this section for any taxable year is an amount equal to $2,000 for each student participating in a qualified partnering program with the employer. (b) Maximum credit (1) In general The maximum credit determined under this section for the taxable year shall not exceed $10,000. (2) Controlled groups For purposes of paragraph (1), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. (c) Qualified partnering program For purposes of this section, the term qualified partnering program means— (1) any Community College and Career Training Grant awarded under section 278 of the Trade Act of 1974 ( 19 U.S.C. 2372 ), (2) any grant awarded under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a), (3) any program under section 834 of the Higher Education Act of 1965 ( 20 U.S.C. 1161n–3 ) with alternating or parallel periods of academic study and of public or private employment, and (4) any other program which is approved by the Secretary of Education or the Secretary of Labor for purposes of this section. (d) Certain rules To apply For purposes of this section, rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. . (b) Credit To be part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the employer partnering credit determined under section 45S. . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45S. Employers partnering with educational institutions to provide skills training for students. . (d) 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-113hr1271ih/xml/BILLS-113hr1271ih.xml

113-hr-1272

I 113th CONGRESS 1st Session H. R. 1272 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Welch (for himself, Mr. Courtney , and Mr. Owens ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To support State and tribal government efforts to promote research and education related to maple syrup production, natural resource sustainability in the maple syrup industry, market promotion of maple products, and greater access to lands containing maple trees for maple-sugaring activities, and for other purposes. 1. Short title This Act may be cited as the Maple Tapping Access Program Act . 2. Acer access and development program (a) Grants authorized The Secretary of Agriculture may make grants to States, tribal governments, and research institutions to support the efforts of such States, tribal governments, and research institutions to promote the domestic maple syrup industry through the following activities: (1) Promotion of research and education related to maple syrup production. (2) Promotion of natural resource sustainability in the maple syrup industry. (3) Market promotion for maple syrup and maple-sap products. (4) Encouragement of owners and operators of privately-held land containing species of trees in the genus Acer— (A) to initiate or expand maple-sugaring activities on the land; or (B) to voluntarily make the land available, including by lease or other means, for access by the public for maple-sugaring activities. (b) Application In submitting an application for a grant under this section, a State or tribal government shall include— (1) a description of the activities to be supported using the grant funds; (2) a description of the benefits that the State or tribal government intends to achieve as a result of engaging in such activities; and (3) an estimate of the increase in maple-sugaring activities or maple syrup production that the State or tribal government anticipates will occur as a result of engaging in such activities. (c) Rule of construction Nothing in this section shall be construed so as to preempt a State or tribal government law, including a State or tribal government liability law. (d) Definition of maple-Sugaring In this section, the term maple-sugaring means the collection of sap from any species of tree in the genus Acer for the purpose of boiling to produce food. (e) Regulations The Secretary of Agriculture shall promulgate such regulations as are necessary to carry out this section. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr1272ih/xml/BILLS-113hr1272ih.xml

113-hr-1273

I 113th CONGRESS 1st Session H. R. 1273 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Welch (for himself and Mr. Walz ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Farm Security and Rural Investment Act of 2002 to reauthorize and improve the Rural Energy for America Program. 1. Short title This Act may be cited as the Rural Energy Improvement Act . 2. Rural energy for America program Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ) is amended— (1) in subsection (c)— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (B) by inserting after paragraph (1) the following new paragraph: (2) Tiered application process In carrying out this subsection, the Secretary shall establish a three-tiered application, evaluation, and oversight process that varies based on the cost of the proposed project with the process most simplified for projects referred to in subparagraph (A), more comprehensive for projects referred to in subparagraph (B), and most comprehensive for projects referred to in subparagraph (C). The three tiers for such process shall be as follows: (A) Tier 1 Projects for which the cost of the project funded under this subsection is not more than $80,000. (B) Tier 2 Projects for which the cost of the project funded under this subsection is more than $80,000 but less than $200,000. (C) Tier 3 Projects for which the cost of the project funded under this subsection is $200,000 or more. ; (C) in paragraph (3) (as redesignated by subparagraph (A)), by striking paragraph (F) and inserting the following new subparagraph: (F) the natural resource conservation benefits of the renewable energy system; and ; (D) in paragraph (4) (as so redesignated)— (i) in subparagraph (A), by inserting in amounts not to exceed $100,000 per grant after in the form of grants ; and (ii) by striking subparagraph (C); and (E) by adding at the end the following new paragraph: (6) Requirement In carrying out this subsection, the Secretary shall not require a second meter for on-farm residential portions of rural projects connected to a power grid. ; (2) in subsection (f)— (A) by striking Not later and inserting the following: (1) In general Not later ; and (B) by adding at the end the following new paragraph: (2) Subsequent report Not later than 4 years after the date of the enactment of the Rural Energy Improvement Act, the Secretary shall submit to Congress a report on activities carried out under this section, including the outcomes achieved by projects funded under this section. ; and (3) in subsection (g)— (A) in paragraph (1)(D), by striking 2012 and inserting 2012 and for each of fiscal years 2014 through 2018 ; and (B) in paragraph (3)— (i) by striking this section $25,000,000 and inserting this section— (A) $25,000,000 ; (ii) at the end of subparagraph (A) (as designated by clause (i)), by striking the period and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (B) $100,000,000 for each of fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1273ih/xml/BILLS-113hr1273ih.xml

113-hr-1274

I 113th CONGRESS 1st Session H. R. 1274 IN THE HOUSE OF REPRESENTATIVES March 19, 2013 Mr. Whitfield (for himself and Ms. DeGette ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to improve access to diabetes self-management training by authorizing certified diabetes educators to provide diabetes self-management training services, including as part of telehealth services, under part B of the Medicare program. 1. Short title This Act may be cited as the Access to Quality Diabetes Education Act of 2013 . 2. Findings Congress makes the following findings: (1) The Centers for Disease Control and Prevention (hereinafter CDC ) report that nearly 26,000,000 Americans have diabetes, in addition to an estimated 79,000,000 Americans who have prediabetes, an increase of 24,000,000 Americans with either diabetes or prediabetes since 2008. People with prediabetes are at increased risk of developing Type 2 diabetes or cardiovascular disease. (2) Diabetes impacts 8.3 percent of all Americans and 11.3 percent of American adults. The CDC estimates that as many as 1 in 3 Americans will have diabetes by 2050 if current trends continue. (3) According to the American Diabetes Association, the total costs of diagnosed diabetes have risen to $245 billion in 2012 from $174 billion in 2007, when the cost was last examined by the CDC. This figure represents a 41 percent increase over a five-year period. (4) One in 3 Medicare dollars is currently spent on people with diabetes. (5) There were 11.3 million diabetes related emergency room visits in 2008, compared with 9.5 million in 2000, an increase of 11 percent. (6) According to the CDC, health care providers are finding statistically significant increases in the prevalence of Type 2 diabetes in children and adolescents. (7) Diabetes self-management training (hereinafter DSMT ), also called diabetes education, provides critical knowledge and skills training to patients with diabetes, helping them manage medications, address nutritional issues, facilitate diabetes-related problem solving, and make other critical lifestyle changes to effectively manage their diabetes. Evidence shows that individuals participating in DSMT programs are able to progress along the continuum necessary to make sustained behavioral changes in order to manage their diabetes. (8) A certified diabetes educator is a State licensed or registered health care professional who specializes in helping people with diabetes develop the self-management skills needed to stay healthy and avoid costly acute complications and emergency care, as well as debilitating secondary conditions caused by diabetes. (9) Diabetes self-management training has been proven effective in helping to reduce the risks and complications of diabetes and is a vital component of an overall diabetes treatment regimen. Patients who have received training from a certified diabetes educator are better able to implement the treatment plan received from a physician skilled in diabetes treatment. (10) Lifestyle changes, such as those taught by certified diabetes educators, directly contribute to better glycemic control and reduced complications from diabetes. Evidence shows that the potential for prevention of the most serious medical complications caused by diabetes to be as high as 90 percent (blindness), 85 percent (amputations), and 50 percent (heart disease and stroke) with proper medical treatment and active self-management. (11) In recognition of the important role of DSMT programs, the CDC in 2012 awarded funding to expand the National Diabetes Prevention Program to help prevent the onset of Type 2 diabetes for individuals at high risk. (12) The net savings to the Medicare program of ensuring that beneficiaries have access to quality DSMT is estimated to be $2,000,000,000 over 10 years. (13) Despite its effectiveness in reducing diabetes-related complications and associated costs, diabetes self-management training has been recognized by the Centers for Medicare & Medicaid Services as an underutilized Medicare benefit, even after more than a decade of coverage. (14) Enhancing access to diabetes self-management training programs that are certified as necessary by the patient’s treating physician and taught by certified diabetes educators is an important public policy goal that can help improve health outcomes, ensure quality, and reduce escalating diabetes-related health costs. 3. Recognition of certified diabetes educators as authorized providers of Medicare diabetes outpatient self-management training services (a) In general Section 1861(qq) of the Social Security Act (42 U.S.C. 1395x(qq)) is amended— (1) in paragraph (1), by striking by a certified provider (as described in paragraph (2)(A)) in an outpatient setting and inserting in an outpatient setting by a certified diabetes educator (as defined in paragraph (3)) or by a certified provider (as described in paragraph (2)(A)) ; and (2) by adding at the end the following new paragraphs: (3) For purposes of paragraph (1), the term certified diabetes educator means an individual— (A) who is licensed or registered by the State in which the services are performed as a certified diabetes educator; or (B) who— (i) is licensed or registered by the State in which the services are performed as a health care professional; (ii) specializes in teaching individuals with diabetes to develop the necessary skills and knowledge to manage the individual’s diabetic condition; and (iii) is certified as a diabetes educator by a recognized certifying body (as defined in paragraph (4)). (4) For purposes of paragraph (3)(B)(iii), the term recognized certifying body means a certifying body for diabetes educators which is recognized by the Secretary as authorized to grant certification of diabetes educators for purposes of this subsection pursuant to standards established by the Secretary. . (b) Treatment as a practitioner, including for telehealth services Section 1842(b)(18)(C) of the such Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: (vii) A certified diabetes educator (as defined in section 1861(qq)(3)). . (c) GAO study and report (1) Study The Comptroller General of the United States shall conduct a study to identify the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program, including economic and geographic barriers and availability of appropriate referrals and access to adequate and qualified providers. (2) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under paragraph (1). (d) AHRQ development of recommendations for outreach methods and report (1) Development of recommendations The Director of the Agency for Healthcare Research and Quality shall, through use of a workshop and other appropriate means, develop a series of recommendations on effective outreach methods to educate physicians and other health care providers as well as the public about the benefits of diabetes self-management training in order to promote better health outcomes for patients with diabetes. (2) Report Not later than 1 year after the date of the enactment of this Act, the Director of the Agency for Healthcare Research and Quality shall submit to Congress a report on the recommendations developed under paragraph (1). (e) Effective date The amendments made by this section shall apply to items and services furnished after the end of the 12-month period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1274ih/xml/BILLS-113hr1274ih.xml

113-hr-1275

I 113th CONGRESS 1st Session H. R. 1275 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Ways and Means A BILL To guarantee the right of individuals to receive Social Security benefits under title II of the Social Security Act in full with an accurate annual cost-of-living adjustment. 1. Short title This Act may be cited as the Social Security Guarantee Act of 2013 . 2. Guarantee of full social security benefits with accurate annual cost-of-living adjustment (a) In General On a date not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue a benefit guarantee certificate to each individual who is determined by the Commissioner of Social Security as of such date to be entitled to benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.). The Secretary shall also issue such a certificate to any individual on the date such individual is determined thereafter to be entitled to benefits under such title. (b) Benefit Guarantee Certificate The benefit guarantee certificate issued pursuant to subsection (a) shall represent a legally enforceable guarantee— (1) of the monthly amount of benefits to which the individual is entitled under title II of the Social Security Act (as in effect on the date of the issuance of the certificate); and (2) that the benefits will be adjusted— (A) not less frequently than annually on the basis of an accurate determination of the increase in the cost-of-living of the individual; and (B) in accordance with such title (as so in effect), to reflect any future changes in the eligibility status of the individual under such title. (c) Entitlement Any certificate issued under the authority of this section constitutes budget authority in advance of appropriations Acts and represents the obligation of the Federal Government to provide for the payment to the individual to whom the certificate is issued benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) in the amounts set forth in the certificate and adjusted thereafter as described in subsection (b)(2).

https://www.govinfo.gov/content/pkg/BILLS-113hr1275ih/xml/BILLS-113hr1275ih.xml

113-hr-1276

I 113th CONGRESS 1st Session H. R. 1276 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Levin (for himself, Mr. Brooks of Alabama , Mrs. Capito , Mr. Coble , Mr. Conyers , Mr. Cooper , Mr. Cummings , Mr. DeFazio , Mr. Dingell , Mr. Enyart , Mr. Griffith of Virginia , Mr. Grijalva , Mr. Harper , Mr. Higgins , Mr. Ellison , Mr. Foster , Mr. Johnson of Ohio , Mr. Jones , Ms. Kaptur , Mr. Lipinski , Mr. Lynch , Mr. McHenry , Mr. McKinley , Mr. Meehan , Mr. Michaud , Mr. George Miller of California , Mr. Murphy of Pennsylvania , Mr. Owens , Mr. Pocan , Mr. Rangel , Mr. Ryan of Ohio , Ms. Schwartz , Ms. Shea-Porter , Ms. Slaughter , Mr. Thompson of Pennsylvania , Mr. Turner , Mr. Visclosky , Mr. Welch , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title VII of the Tariff Act of 1930 to clarify that countervailing duties may be imposed to address subsidies relating to a fundamentally undervalued currency of any foreign country. 1. Short title This Act may be cited as the Currency Reform for Fair Trade Act . 2. Clarification regarding definition of countervailable subsidy (a) Benefit conferred Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) is amended— (1) in clause (iii), by striking and at the end; (2) in clause (iv), by striking the period at the end and inserting , and ; and (3) by inserting after clause (iv) the following new clause: (v) in the case in which the currency of a country in which the subject merchandise is produced is exchanged for foreign currency obtained from export transactions, and the currency of such country is a fundamentally undervalued currency, as defined in paragraph (37), the difference between the amount of the currency of such country provided and the amount of the currency of such country that would have been provided if the real effective exchange rate of the currency of such country were not undervalued, as determined pursuant to paragraph (38). . (b) Export subsidy Section 771(5A)(B) of the Tariff Act of 1930 (19 U.S.C. 1677(5A)(B)) is amended by adding at the end the following new sentence: In the case of a subsidy relating to a fundamentally undervalued currency, the fact that the subsidy may also be provided in circumstances not involving export shall not, for that reason alone, mean that the subsidy cannot be considered contingent upon export performance. . (c) Definition of fundamentally undervalued currency Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 ) is amended by adding at the end the following new paragraph: (37) Fundamentally undervalued currency The administering authority shall determine that the currency of a country in which the subject merchandise is produced is a fundamentally undervalued currency if— (A) the government of the country (including any public entity within the territory of the country) engages in protracted, large-scale intervention in one or more foreign exchange markets during part or all of the 18-month period that represents the most recent 18 months for which the information required under paragraph (38) is reasonably available, but that does not include any period of time later than the final month in the period of investigation or the period of review, as applicable; (B) the real effective exchange rate of the currency is undervalued by at least 5 percent, on average and as calculated under paragraph (38), relative to the equilibrium real effective exchange rate for the country’s currency during the 18-month period; (C) during the 18-month period, the country has experienced significant and persistent global current account surpluses; and (D) during the 18-month period, the foreign asset reserves held by the government of the country exceed— (i) the amount necessary to repay all debt obligations of the government falling due within the coming 12 months; (ii) 20 percent of the country’s money supply, using standard measures of M2; and (iii) the value of the country’s imports during the previous 4 months. . (d) Definition of real effective exchange rate undervaluation Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677), as amended by subsection (c) of this section, is further amended by adding at the end the following new paragraph: (38) Real effective exchange rate undervaluation The calculation of real effective exchange rate undervaluation, for purposes of paragraph (5)(E)(v) and paragraph (37), shall— (A) (i) rely upon, and where appropriate be the simple average of, the results yielded from application of the approaches described in the guidelines of the International Monetary Fund’s Consultative Group on Exchange Rate Issues; or (ii) if the guidelines of the International Monetary Fund’s Consultative Group on Exchange Rate Issues are not available, be based on generally accepted economic and econometric techniques and methodologies to measure the level of undervaluation; (B) rely upon data that are publicly available, reliable, and compiled and maintained by the International Monetary Fund or, if the International Monetary Fund cannot provide the data, by other international organizations or by national governments; and (C) use inflation-adjusted, trade-weighted exchange rates. . 3. Report on implementation of Act (a) In general Not later than 9 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of the amendments made by this Act. (b) Matters To be included The report required by subsection (a) shall include a description of the extent to which United States industries that have been materially injured by reason of imports of subject merchandise produced in foreign countries with fundamentally undervalued currencies have received relief under title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. ), as amended by this Act. 4. Application to goods from Canada and Mexico Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act of 1993 ( 19 U.S.C. 3438 ), the amendments made by section 2 of this Act shall apply to goods from Canada and Mexico.

https://www.govinfo.gov/content/pkg/BILLS-113hr1276ih/xml/BILLS-113hr1276ih.xml

113-hr-1277

I 113th CONGRESS 1st Session H. R. 1277 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Pearce (for himself, Mr. Westmoreland , Mr. Poe of Texas , Mr. Cotton , and Mr. Jordan ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title III of the Social Security Act to require States to implement a drug testing program for applicants for and recipients of unemployment compensation. 1. Short title This Act may be cited as the Accountability in Unemployment Act of 2013 . 2. Drug testing program for applicants for and recipients of unemployment compensation (a) In general Section 303(l) of the Social Security Act (42 U.S.C. 503)(l)) is amended to read as follows: (l) (1) For purposes of subsection (a), the law of a State shall provide that no regular compensation may be paid to an individual unless— (A) the individual is tested for the use of the drugs listed in paragraph (3)(A)— (i) if the individual has applied for such compensation and the application has not been approved, before the receipt of such compensation; and (ii) in any other case, before the end of the 3-month period that begins on the date of the enactment of this subsection; and (B) the individual tests negative for the use of such drugs or, in the case of an individual who tests positive for the use of such drugs, the individual meets the requirements of paragraph (2). (2) (A) Except as provided in subparagraph (B), if an individual tests positive pursuant to paragraph (1) for the use of any drug listed in paragraph (3)(A), no regular compensation may be paid to the individual unless— (i) a 30-day period has elapsed since the results of the test were determined; and (ii) the individual tests negative for the use of each drug listed in paragraph (3)(A) at the end of such period. (B) If an individual tests positive pursuant to paragraph (1) for the use of any drug listed in paragraph (3)(A) three or more times (whether for the same or a different drug), no regular compensation may be paid to the individual unless— (i) a 5-year period has elapsed since the results of the last test were determined; and (ii) the individual tests negative for the use of each drug listed in paragraph (3)(A) at the end of such period. (3) (A) In conducting drug testing pursuant to paragraph (1), the State shall test for each of the following: (i) Marijuana. (ii) Cocaine. (iii) Opiates. (iv) Amphetamines. (v) Methamphetamine. (vi) Phencyclidine. (vii) Heroin. (viii) Lysergic acid diethyliamide. (ix) 3,4-methylenedioxy amphetamine. (B) A positive test for a drug listed in subparagraph (A) shall be treated as a negative test for purposes of this subsection if such drug was used pursuant to a valid prescription or as otherwise authorized by law. (4) The State shall require each individual who is tested pursuant to paragraph (1) to pay the portion of the cost of the drug testing that pertains to such individual. If such individual tests negative for the use of each drug listed in paragraph (3)(A) and the State provides regular compensation to the individual, the State shall increase the first payment of such compensation in an amount equal to the amount paid by the individual under this paragraph for the drug testing. (5) In this subsection, the term regular compensation has the meaning given such term in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). . (b) Effective date The amendment made by this section shall take effect 1 year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1277ih/xml/BILLS-113hr1277ih.xml

113-hr-1278

I 113th CONGRESS 1st Session H. R. 1278 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Faleomavaega (for himself, Mr. Cole , Ms. McCollum , Ms. Norton , Mr. Grijalva , Ms. Bass , Ms. Moore , Mr. Lewis , Mr. Honda , and Mrs. Christensen ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Trademark Act of 1946 regarding the disparagement of Native American persons or peoples through marks that use the term redskin , and for other purposes. 1. Short title This Act may be cited as the Non-Disparagement of Native American Persons or Peoples in Trademark Registration Act of 2013 . 2. Findings Congress finds the following: (1) The use of the terms redskin and redskins in trademarks is widely understood to refer to or imply a negative reference to Native American persons or peoples, or both. (2) The term redskin has been demonstrated by overwhelming linguistic and historical evidence to constitute a disparaging epithet insulting to Native American persons or peoples, or both. (3) Major Native American organizations, including the National Congress of American Indians, the National Indian Education Association, the Native American Journalists Association, the Native American Rights Fund, the Morning Star Institute, the International Indian Treaty Council, and the National Indian Youth Council, have opposed the continued use of the term redskin in trademarks or as the name of sports teams. (4) Recent psychological evidence has demonstrated the general negative effects associated with references in sports to Native American people. (5) Trademarks containing the term redskin , or any derivation of the term, should not continue to enjoy the benefits of Federal registration. 3. References to Trademark Act of 1946 In this Act, the term Trademark Act of 1946 means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly referred to as the Lanham Act ; 15 U.S.C. 1051 et seq. ). 4. Registration of marks containing certain terms Section 2(a) of the Trademark Act of 1946 ( 15 U.S.C. 1052(a) ) is amended by adding at the end the following: A mark consisting of or including the term redskin or any derivation of the term redskin shall be conclusively presumed to consist of matter which may disparage persons if (1) the mark has been, is, or is intended to be used in commerce in connection with references to or images of one or more Native American persons or peoples, or to Native American persons or peoples in general; or (2) the Director determines that the term as included in the mark is commonly understood to refer to one or more Native Americans persons or peoples, or to Native American persons or peoples in general. . 5. Cancellation of marks Section 14 of the Trademark Act of 1946 ( 15 U.S.C. 1064 ) is amended— (1) in the text before paragraph (1), by striking A petition to cancel and inserting (a) Petitions to cancel.— A petition to cancel ; and (2) by adding at the end the following: (b) Cancellation of marks containing certain terms (1) In general Notwithstanding any other provision of this Act, the Director shall cancel a registration of a mark containing the term redskin or any derivation of the term redskin if— (A) the mark has been or is used in commerce in connection with references to or images of one or more Native American persons or peoples, or to Native American persons or peoples in general; or (B) the Director determines that the term as included in the mark is commonly understood to refer to one or more Native American persons or peoples, or to Native American persons or peoples in general. (2) Renewal A registration cancelled under paragraph (1) shall not be subject to renewal pursuant to section 9 of this Act. . 6. Conforming amendments (a) Cancellation due To blurring or dilution by tarnishment Section 2(f) of the Trademark Act of 1946 ( 15 U.S.C. 1052(f) ) is amended in the final sentence by striking section 14 and inserting section 14(a) . (b) Exception to incontestability Section 15 of such Act ( 15 U.S.C. 1065 ) is amended in the text before paragraph (1) by striking section 14 of this Act, and inserting section 14(a) of this Act or for which a registration is required to be cancelled under section 14(b) of this Act, . 7. Effective date This Act shall take effect on the date of the enactment of this Act and shall apply to— (1) any mark that is registered under the Trademark Act of 1946 before, on, or after such date; and (2) any application to register a mark under that Act that is pending on, or filed on or after, such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr1278ih/xml/BILLS-113hr1278ih.xml

113-hr-1279

I 113th CONGRESS 1st Session H. R. 1279 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Faleomavaega (for himself and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize the Secretary of State to issue up to 10,500 E–3 visas per year to nationals of the Republic of Korea (South). 1. Short title This Act may be cited as the United States-Korea Free Trade Agreement Fairness Act of 2013 . 2. Findings Congress makes the following findings: (1) Although it was not formally a part of the United States-Australia Free Trade Agreement, the E–3 visa category was created for up to 10,500 Australian nationals per year in the aftermath of the ratification of that agreement. (2) The Republic of Korea has been a critical treaty ally and trading partner of the United States for the past 60 years. (3) Ever since the signing of the 1882 Treaty of Peace, Amity, Commerce, and Navigation between the Kingdom of Chosun (Korea) and the United States, the two countries have stood at the forefront in the promotion of freedom, democracy, peace, stability, and human rights. (4) With the unwavering commitment and support of the United States, the Republic of Korea has undergone a remarkable economic and political transformation, rising from poverty to become the 11th largest economy in the world and a thriving, multiparty democracy. (5) The alliance between the United States and the Republic of Korea has been forged in blood and further advanced by struggles against common adversaries in the Korean peninsula, Vietnam, Iraq, and Afghanistan. (6) The Republic of Korea ranked, as of December 2012, as the 7th largest trading partner of the United States. (7) The United States and the Republic of Korea signed the United States-Korea Free Trade Agreement on June 30, 2007, and that agreement was entered into force on March 15, 2012. (8) There are deep cultural and personal ties between the people of the United States and the people of the Republic of Korea, as exemplified by the large flow of visitors and exchanges each year, enhanced by adoption of the Visa Waiver Program (VWP). (9) The almost 2,000,000 members of the Korean-American community have made significant contributions to the commercial, academic, professional, medical, scientific, engineering, educational, military, artistic, musical, and athletic development of the United States. (10) Immigration from the Republic of Korea has been an important part of the history, identity, and culture of the United States. (11) The Republic of Korea continues to be a vital strategic ally, trade partner and friend to the United States. 3. E-visa reform (a) Definition Section 101(a)(15)(E)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting , or solely to perform services as an employee who meets the requirements under section 203(c)(2) if the alien is a national of the Republic of Korea after Australia . (b) Numerical limitation Section 214(g)(11)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(11)(B) ) is amended by inserting for each of the nationalities identified under section 101(a)(15)(E)(iii) before the period at the end.

https://www.govinfo.gov/content/pkg/BILLS-113hr1279ih/xml/BILLS-113hr1279ih.xml

113-hr-1280

I 113th CONGRESS 1st Session H. R. 1280 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Olson introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the National Voter Registration Act of 1993 to increase the penalties imposed for intimidating, threatening, or coercing any person from engaging in voter registration activities or for procuring, submitting, or casting false voter registration applications or ballots, to require election officials to transmit voter registration cards and absentee ballots to voters in elections for Federal office through the use of the automated tagging and tracing services provided by the United States Postal Service, and for other purposes. 1. Short title This Act may be cited as the Voter Fraud Prevention Act . 2. Increase in penalties for criminal activities involving voter registration and voting (a) Increase in length of term of imprisonment Section 12 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–10 ) is amended in the matter following paragraph (2) by striking 5 years and inserting 10 years . (b) Prohibition from voting in subsequent elections Section 12 of such Act (42 U.S.C. 1973gg–10) is amended in the matter following paragraph (2) by striking the period at the end and inserting the following: and, in the case of an individual, shall not be permitted to cast a ballot in any subsequent election for Federal office. . (c) Effective date The amendments made by this section shall apply with respect to violations occurring on or after the date of the enactment of this Act. 3. Requiring use of automated tagging and tracing services for voter registration cards and absentee ballots (a) Voter registration cards (1) In general Section 8(a) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a) ) is amended— (A) by striking and at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ; and ; and (C) by adding at the end the following new paragraph: (7) in transmitting voter registration cards to individuals who are registered to vote— (A) ensure that any tray or sack containing such cards is tagged with Tag 191 or some other similar tagging device used by the United States Postal Service to provide greater visibility to containers of such cards, and (B) use IMb Tracing or other similar tracking methods made available by the United States Postal Service to provide real-time tracking information for such cards. . (2) Effective date The amendments made by paragraph (1) shall apply with respect to elections for Federal office held on or after January 1, 2014. (b) Absentee ballots (1) In general Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended— (A) by redesignating sections 304 and 305 as sections 305 and 306; and (B) by inserting after section 303 the following new section: 304. Use of automated tagging and tracing services for absentee ballots (a) Requiring use of automated tagging and tracing In transmitting blank absentee ballots to individuals who are eligible to vote by absentee ballot in an election for Federal office, the appropriate State election official shall— (1) ensure that any tray or sack containing such ballots is tagged with Tag 191 or some other similar tagging device used by the United States Postal Service to provide greater visibility to containers of such ballots; and (2) use IMb Tracing or other similar tracking methods made available by the United States Postal Service to provide real-time tracking information for such ballots. (b) Effective date Subsection (a) shall apply with respect to elections for Federal office held on or after January 1, 2014. . (2) Conforming amendment relating to enforcement Section 401 of such Act (42 U.S.C. 15511) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III . (3) Clerical amendment The table of contents of such Act is amended— (A) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (B) by inserting after the item relating to section 303 the following new item: Sec. 304. Use of automated tagging and tracing services for absentee ballots. . (c) Report on efforts To deter and prevent loss and theft of voter registration cards and absentee ballots Not later than 90 days after the date of the enactment of this Act, the Postmaster General shall submit a report to Congress detailing the efforts that the Postmaster General has undertaken to deter and prevent the loss and theft of voter registration cards and blank absentee ballots which are transmitted to voters in elections for Federal office.

https://www.govinfo.gov/content/pkg/BILLS-113hr1280ih/xml/BILLS-113hr1280ih.xml

113-hr-1281

I 113th CONGRESS 1st Session H. R. 1281 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Ms. Roybal-Allard (for herself and Mr. Simpson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to reauthorize programs under part A of title XI of such Act. 1. Short title; table of contents (a) Short title This Act may be cited as the Newborn Screening Saves Lives Reauthorization 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. Improved newborn and child screening for heritable disorders. Sec. 3. Evaluating the effectiveness of newborn and child screening and followup programs. Sec. 4. Advisory committee on heritable disorders in newborns and children. Sec. 5. Clearinghouse of Newborn Screening Information. Sec. 6. Laboratory quality. Sec. 7. Interagency Coordinating Committee on Newborn and Child Screening. Sec. 8. National contingency plan for newborn screening. Sec. 9. Hunter Kelly Research Program. Sec. 10. Newborn screening surveillance, followup, and applied research. Sec. 11. Authorization of appropriations. 2. Improved newborn and child screening for heritable disorders Section 1109 of the Public Health Service Act ( 42 U.S.C. 300b–8 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking and in consultation with the Advisory Committee and inserting and taking into consideration the recommendations of the Advisory Committee ; (B) in paragraph (2), by striking screening and training and inserting screening, counseling, and training ; and (C) in paragraph (4), by striking treatment and inserting followup and treatment ; (2) in subsection (b)— (A) in paragraph (4), by striking or at the end; (B) by redesignating paragraph (5) as paragraph (7); and (C) by inserting after paragraph (4) the following: (5) a health professional organization; (6) an early childhood health system; or ; and (3) by striking subsection (j) (relating to authorization of appropriations). 3. Evaluating the effectiveness of newborn and child screening and followup programs Section 1110 of the Public Health Service Act ( 42 U.S.C. 300b–9 ) is amended— (1) in the section heading, by inserting and followup after child screening ; (2) in subsection (a), by inserting followup, after the effectiveness of screening, ; (3) in subsection (b)— (A) in paragraph (1), by inserting ascertainment, treatment, after the effectiveness of screening, counseling, ; (B) in paragraph (2)— (i) by inserting ascertainment, treatment, after the effectiveness of screening, counseling, ; and (ii) by striking or at the end; (C) in paragraph (3), by striking the period at the end and inserting ; or ; and (D) by adding at the end the following: (4) the availability and effectiveness of treatment and followup care for newborns and their families after screening and diagnosis. ; and (4) by striking subsection (d) (relating to authorization of appropriations). 4. Advisory committee on heritable disorders in newborns and children Section 1111 of the Public Health Service Act ( 42 U.S.C. 300b–10 ) is amended— (1) in subsection (b)— (A) in paragraph (4), by striking public health impact and inserting public health impact and cost ; and (B) in paragraph (6)— (i) in subparagraph (A), by striking achieve rapid diagnosis and inserting achieve best practices in rapid diagnosis and appropriate treatment ; and (ii) in subparagraph (D), by inserting before the semicolon , including information on cost and incidence ; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; (3) by inserting after subsection (e) the following new subsection: (f) Meetings The Advisory Committee shall meet in person at least twice each year. ; (4) by amending subsection (g), as redesignated by paragraph (2), to read as follows: (g) Continuation of operation of committee (1) In general Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall continue to operate for the period beginning on the date of enactment of the Newborn Screening Saves Lives Reauthorization Act of 2013 and concluding at the end of the fifth fiscal year which begins after such date. (2) Continuation if not reauthorized If at the end of the fifth fiscal year described in paragraph (1) the duration of the Advisory Committee has not been extended by statute— (A) the Advisory Committee may be considered, for the purposes of the Federal Advisory Committee Act, to be an advisory committee established by the President or an officer of the Federal Government under section 9(a) of such Act; and (B) the Secretary may renew the Advisory Committee under section 14(a)(1)(A) of such Act. ; and (5) by striking subsection (h) (relating to authorization of appropriations), as redesignated by paragraph (2). 5. Clearinghouse of Newborn Screening Information Section 1112 of the Public Health Service Act ( 42 U.S.C. 300b–11 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking ; and and inserting a semicolon; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (4) maintain current data on the number of conditions for which screening is conducted in each State; and (5) establish or disseminate guidelines for services and personnel necessary for followup, diagnosis, counseling, and treatment with respect to conditions detected by newborn screening. ; (2) in subsection (b)(4)(D), by striking Newborn Screening Saves Lives Act of 2008 and inserting Newborn Screening Saves Lives Reauthorization Act of 2013 ; and (3) by striking subsection (d) (relating to authorization of appropriations). 6. Laboratory quality Section 1113 of the Public Health Service Act ( 42 U.S.C. 300b–12 ) is amended— (1) in subsection (a)— (A) by striking the subsection enumerator and heading; and (B) by striking and in consultation with the Advisory Committee and inserting and taking into consideration the recommendations of the Advisory Committee ; and (2) by striking subsection (b) (relating to authorization of appropriations). 7. Interagency Coordinating Committee on Newborn and Child Screening Section 1114 of the Public Health Service Act ( 42 U.S.C. 300b–13 ) is amended— (1) in subsection (c), by striking the Administrator, the Director of the Agency for Healthcare Research and Quality and inserting the Administrator of the Health Resources and Services Administration, the Director of the Agency for Healthcare Research and Quality, the Commissioner of Food and Drugs, ; and (2) by striking subsection (e) (relating to authorization of appropriations) and inserting the following: (e) Report to congress (1) In general The Secretary shall— (A) not later than 1 year after the date of enactment of the Newborn Screening Saves Lives Reauthorization Act of 2013, submit to the Health, Education, Labor, and Pensions Committee of the Senate and the Energy and Commerce Committee of the House of Representatives a report on activities related to— (i) newborn screening; and (ii) screening children who have or are at risk for heritable disorders; and (B) not less than every 2 years, shall submit to such committees an updated version of such report. (2) Contents The report submitted under subsection (a) shall contain a description of— (A) the implementation of sections 1111 through 1116B, including this section; and (B) the amounts expended on such implementation. . 8. National contingency plan for newborn screening Section 1115(a) of the Public Health Service Act ( 42 U.S.C. 300b–14(a) ) is amended by adding at the end the following: The plan shall be updated as needed and at least every five years. . 9. Hunter Kelly Research Program Section 1116(a)(1) of the Public Health Service Act ( 42 U.S.C. 300b–15(a)(1) ) is amended— (1) in subparagraph (B), by striking ; and and inserting a semicolon; (2) by redesignating subparagraph (C) as subparagraph (E); and (3) by inserting after subparagraph (B) the following: (C) providing research and data for newborn conditions under review by the Advisory Committee on Heritable Disorders in Newborns and Children to be added to the Recommended Uniform Screening Panel; (D) conducting pilot studies on conditions recommended by the Advisory Committee on Heritable Disorders in Newborns and Children to ensure that screenings are ready for nationwide implementation; and . 10. Newborn screening surveillance, followup, and applied research The Public Health Service Act is amended by inserting after section 1116 of such Act ( 42 U.S.C. 300b–15 ) the following: 1116A. Newborn screening surveillance, followup, and applied research (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to, or enter into cooperative agreements with, eligible entities to develop longitudinal followup and tracking programs for newborn screening. (b) Program Longitudinal followup and tracking programs developed through a grant under subsection (a) shall incorporate standardized procedures for data management and program effectiveness and costs, such as— (1) studying the costs and effectiveness of newborn screening, evaluation and intervention programs, and surveillance systems conducted by State-based programs in order to answer issues of importance to State and national policymakers; (2) studying the effectiveness of newborn screening followup and intervention programs by assessing the health and development of children at school age and as young adults; (3) promoting the sharing of data regarding newborn screening with State-based birth defects and developmental disabilities monitoring programs; (4) ensuring coordination of surveillance activities, including— (A) standardized data collection and reporting; and (B) use of electronic health records; (5) facilitating quality improvement in treatment and disease management based on gaps in services or care identified by longitudinal tracking systems; and (6) utilizing data from longitudinal tracking systems to support the development and evaluation of evidence-based guidelines for diagnosis, treatment, and disease management. (c) Eligible entity In this section, the term eligible entity means— (1) a State or a political subdivision of a State; (2) a consortium of 2 or more States or subdivisions described in paragraph (1); (3) a health facility or program operated by or pursuant to a contract with, or a grant from, the Indian Health Service; or (4) any other entity with appropriate expertise in newborn screening, as determined by the Secretary. . 11. Authorization of appropriations The Public Health Service Act is amended by inserting after section 1116A of such Act, as added by section 10 of this Act, the following: 1116B. Authorization of appropriations for newborn screening programs and activities There are authorized to be appropriated— (1) to carry out sections 1109, 1110, 1111, and 1112, $13,334,000 for each of fiscal years 2014 through 2018; (2) to carry out section 1113, $7,500,000 for each of fiscal years 2014 through 2018; and (3) to carry out section 1116A, $5,000,000 for each of fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1281ih/xml/BILLS-113hr1281ih.xml

113-hr-1282

I 113th CONGRESS 1st Session H. R. 1282 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Ms. Slaughter (for herself, Ms. Roybal-Allard , Mr. Grijalva , Mr. Nadler , Mr. Hastings of Florida , Ms. Lee of California , Mr. Cummings , Ms. Wilson of Florida , and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To reduce housing-related health hazards, and for other purposes. 1. Short title This Act may be cited as the Lead Hazard Title X Amendments Act . 2. Findings Congress finds the following: (1) Poor housing conditions contribute to a wide range of health conditions, including unintentional injuries, respiratory illness, asthma, and cancer, which disproportionately impact susceptible and vulnerable populations, such as children, the poor, minorities, and people with chronic medical conditions. For example— (A) according to the Department of Housing and Urban Development, nearly 6,000,000 housing units in the United States had moderate to severe physical infrastructure problems other than problems with lead in 2007; (B) the Centers for Disease Control and Prevention found that about 23,000,000 housing units, most of them built before 1960, have 1 or more lead-based paint hazards, where young children under age 6 are endangered by chipping or peeling lead paint or excessive amounts of lead-contaminated dust. Of these homes, about 1,100,000 housed low-income families with 1 or more children under age 6; (C) low-level lead poisoning is widespread among children in the United States, afflicting hundreds of thousands of children under age 6, with minority and low-income communities affected disproportionately; (D) costs for asthma due to dampness and mold were estimated at $3,500,000,000 in 2004, according to the International Journal of Environment and Health; (E) the Journal of Allergy and Clinical Immunology found that about 17,000,000 homes have elevated levels of 4 or more allergens, a condition that is associated with symptoms among residents with allergic asthma; (F) the Environmental Protection Agency found that more than 6,800,000 housing units have radon exposures above the current Environmental Protection Agency radon action level; and (G) the National Institutes of Health estimates that radon exposures result in 21,000 radon-induced lung cancer deaths per year, which cost $2,300,000,000 per year. (2) The Federal Government must continue its leadership in demonstrating and implementing projects that assess and correct health hazards in the home environment to support the national goal of providing decent, safe, and sanitary housing to every family in the United States. 3. Definitions Section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b ) is amended— (1) by redesignating paragraphs (11) through (27) as paragraphs (13) through (29), respectively; (2) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; (3) by inserting after paragraph (5) the following: (6) Eligible applicant The term eligible applicant means a State, a unit of general local government, an Indian tribe, or a private nonprofit organization that meets the requirements of section 1101(b). ; and (4) by inserting after paragraph (11), as so redesignated, the following: (12) Housing-related health hazard The term housing-related health hazard means any condition of residential real property that poses a risk of biological, physical, radiological, or chemical exposure that can adversely affect human health. . 4. Grant program Section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4852 ) is amended— (1) in the section heading, by striking Grants for lead-based paint hazard reduction in target housing and inserting Grants for reduction of lead-based paint hazards and correction of other housing-related hazards ; (2) in subsection (a)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (D), respectively; (B) in subparagraph (A), as so redesignated— (i) by striking for grants and inserting For grants ; and (ii) by striking the semicolon at the end and inserting a period; (C) in subparagraph (B), as so redesignated— (i) by striking for grants and inserting For grants ; and (ii) by striking ; and and inserting a period; (D) by inserting after subparagraph (B), as so redesignated, the following: (C) For grants made to carry out any of paragraphs (1) through (9) or (11) of subsection (e), the grants may not be used to assist federally assisted housing, federally owned housing, or public housing. ; (E) in subparagraph (D), as so redesignated, by striking notwithstanding paragraphs (1) and (2) and inserting Notwithstanding subparagraphs (A) and (B) ; (F) in the matter preceding subparagraph (A), as so redesignated, by striking The Secretary and all that follows through criteria— and inserting the following: (1) Authorization The Secretary is authorized to provide grants to eligible applicants to evaluate and reduce lead-based paint hazards and to identify and correct other housing-related health hazards in accordance with the provisions of this section. (2) Criteria The Secretary may make a grant under this section only to provide housing that meets the following criteria: ; and (G) by adding at the end the following: (3) Income verification For the purpose of verifying the income level of a family under subparagraphs (A) and (B), the Secretary may establish a process by which a grantee may first obtain and use income and program participation information from an entity administering— (A) the HOME Investment Partnerships program under title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq. ); (B) the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); (C) reduced price or free lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (D) the weatherization assistance program for low-income persons established under part A of title IV of the Energy Conservation and Production Act ( 42 U.S.C. 6861 et seq. ); (E) the temporary assistance for needy families program established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); (F) the supplemental security income program established under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); or (G) any other program that the Secretary determines is consistent with the family income requirements of this section. ; (3) by striking subsection (b) and inserting the following: (b) Eligible applicants (1) Lead-based paint hazards (A) In general A State or unit of general local government, as defined under section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704), that has an approved comprehensive housing affordability strategy under section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ), or an Indian tribe recognized under section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ), is eligible to apply for a grant to carry out activities under any of paragraphs (1) through (9) or (11) of subsection (e). (B) Exception A private nonprofit organization shall be eligible to apply for a grant to carry out activities under paragraphs (1) through (9) or (11) of subsection (e) if the application adequately demonstrates that it is being submitted in partnership with the State or unit of general local government in which the activities will be carried out. (2) Housing-related health hazards A private nonprofit organization shall be eligible to apply for a grant to carry out activities under subsection (e)(10). ; (4) in subsection (c), in the matter preceding paragraph (1), by striking a State or unit of local government and inserting an eligible applicant ; (5) in subsection (d)— (A) in paragraph (1)— (i) by inserting in the case of a grant to carry out activities relating to lead-based paint hazards, before the extent ; and (ii) by striking housing and inserting target housing or 0-bedroom dwellings constructed before 1978 ; (B) in paragraph (2), by inserting or other housing-related health hazards after lead-based paint hazards ; (C) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6); and (D) by inserting after paragraph (1) the following: (2) in the case of a grant to carry out activities relating to housing-related hazards, the extent to which the proposed activities will correct housing-related health hazards; ; (6) in subsection (e)— (A) in paragraph (5), by inserting renovations, remodeling, after inspections, ; (B) in paragraph (9)— (i) by inserting before and after housing ; and (ii) by striking and at the end; (C) by redesignating paragraph (10) as paragraph (11); and (D) by inserting after paragraph (9) the following: (10) provide for the assessment and correction of housing-related health hazards and the evaluation of the effectiveness of the assessment and correction; and ; (7) in subsection (l)— (A) in paragraph (3), by inserting in the case of a grant to carry out activities relating to lead-based paint hazards, before the ability ; and (B) in paragraph (4), by inserting and other housing-related health hazards have been corrected after abated ; and (8) in subsection (n), by inserting or Indian tribe after State each place that term appears. 5. Authorization of appropriations Section 1011 of the Residential Lead-based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4852 ) is amended by striking subsection (p) and inserting the following: (p) Allocation of amounts appropriated for housing-Related health hazards (1) In general Except as provided in paragraph (2), not more than 25 percent of the amounts made available under subsection (q) for a fiscal year shall be available for grants to carry out activities under subsection (e)(10). (2) Exception If an amount that is not more than $120,000,000 is appropriated for a fiscal year, not more than $30,000,000 of that amount shall be available for grants to carry out activities under subsection (e)(10) for that fiscal year. (q) Authorization of appropriations For purposes of carrying out this subtitle, there are authorized to be appropriated $250,000,000 for each of fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1282ih/xml/BILLS-113hr1282ih.xml

113-hr-1283

I 113th CONGRESS 1st Session H. R. 1283 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to provide for grants to small business development centers, and for other purposes. 1. Short title This Act may be cited as the Main Street Stabilization Act of 2013 . 2. In general Section 21 of the Small Business Act ( 15 U.S.C. 648 ), is amended by adding at the end the following new subsection: (o) Main street stabilization (1) In general The Administration shall establish a grant program for small business development centers in accordance with this subsection. To be eligible for the program, a small business development center must be in good standing and comply with the other requirements of this section. Funds made available through the program shall be used to— (A) develop business advisory capacity to provide expert consulting and education to assist small businesses and to, in areas of high demand, shorten the response time of small business development centers, and, in rural areas, support added outreach in remote communities; (B) develop a portfolio of online survival and growth tools and resources that struggling small business concerns can utilize through the Internet; (C) deploy additional resources to help specific industry sectors with a high presence of small business concerns, which shall be targeted toward clusters of small businesses with similar needs and build upon best practices from earlier assistance; and (D) develop a formal listing of financing options for small business capital access. (2) Award size limit The Administration may not award an entity more than $250,000 in grant funds under this subsection. (3) Authority Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out the program established in subsection (a)(1), the Administration may make grants or enter into cooperative agreements to carry out this subsection. (4) Authorization There is authorized to be appropriated not more than $2,500,000 for the purposes of carrying out this subsection for each of the fiscal years 2014 and 2015. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1283ih/xml/BILLS-113hr1283ih.xml

113-hr-1284

I 113th CONGRESS 1st Session H. R. 1284 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Ms. Brownley of California (for herself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for coverage under the beneficiary travel program of the Department of Veterans Affairs of certain disabled veterans for travel for certain special disabilities rehabilitation, and for other purposes. 1. Coverage under Department of Veterans Affairs beneficiary travel program of certain disabled veterans for travel for certain special disabilities rehabilitation (a) In general Section 111(b)(1) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (G) A veteran with vision impairment, a veteran with a spinal cord injury or disorder, or a veteran with double or multiple amputations whose travel is in connection with care provided through a special disabilities rehabilitation program of the Department (including spinal cord injury center programs, blind rehabilitation center programs, and prosthetics rehabilitation center programs) if such care is provided— (i) on an in-patient basis; or (ii) during a period in which the Secretary provides the veteran with temporary lodging at a facility of the Department to make such care more accessible to the veteran. . (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the beneficiary travel program under section 111 of title 38, United States Code, including— (1) the cost of the program; (2) the number of veterans served by the program; and (3) any other matters the Secretary considers appropriate.

https://www.govinfo.gov/content/pkg/BILLS-113hr1284ih/xml/BILLS-113hr1284ih.xml

113-hr-1285

I 113th CONGRESS 1st Session H. R. 1285 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Buchanan (for himself, Mr. Markey , Mrs. Capito , Mr. Diaz-Balart , Mr. Duncan of Tennessee , Mr. Mica , Mr. Roe of Tennessee , Mr. Rogers of Kentucky , Mr. Rooney , Ms. Ros-Lehtinen , Ms. Brown of Florida , Mr. Cooper , Ms. Edwards , Mr. Hastings of Florida , Mr. Keating , Mr. Lynch , Mr. Rahall , Ms. Wilson of Florida , Mr. Kennedy , Mr. Murphy of Florida , Ms. Castor of Florida , Mr. DesJarlais , Mr. Fincher , Mr. Miller of Florida , Mr. Nugent , Mr. Tiberi , Mr. Issa , Mr. Deutch , Mr. Posey , Mrs. Black , Mr. Pearce , Mr. Marino , Ms. Slaughter , Mr. Westmoreland , Mr. Stivers , Mr. Benishek , Mr. Crenshaw , Mr. Ross , Mr. Higgins , Mr. Southerland , Mr. Tipton , Mr. Shuster , Mrs. Miller of Michigan , Mr. Rodney Davis of Illinois , and Mr. Schock ) 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 amend the Controlled Substances Act to make any substance containing hydrocodone a schedule II drug. 1. Hydrocodone amendment (a) In general Schedule III(d) in section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ) is amended by— (1) striking paragraphs (3) and (4); and (2) redesignating paragraphs (5), (6), (7), and (8) as paragraphs (3), (4), (5), and (6), respectively. (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 6 months after the date of enactment of this Act. 2. Physical security requirements Notwithstanding the amendments made by section 1, the Attorney General shall immediately, without regard to chapter 5 of title 5, United States Code, amend section 1301.72 of title 21, Code of Federal Regulations, relating to the physical security controls for non-practitioners, narcotic treatment programs and compounders for narcotic treatment programs, and storage areas for controlled substances, to allow, for the 3-year period beginning on the date of enactment of this Act, manufacturers and distributors to store hydrocodone compound products in accordance with the physical security requirements for schedule III, IV, and V controlled substances. 3. GAO report (a) In general Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the reclassification of hydrocodone products under this Act. (b) Contents The report required under subsection (a) shall include— (1) an assessment of the degree to which the reclassification of hydrocodone products under this Act impacts the ability of patients with legitimate medical needs, particularly those in rural areas and nursing home facilities, to access adequate pain management; and (2) recommendations necessary to address issues, if any, relating to patient access to adequate pain management.

https://www.govinfo.gov/content/pkg/BILLS-113hr1285ih/xml/BILLS-113hr1285ih.xml

113-hr-1286

I 113th CONGRESS 1st Session H. R. 1286 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Ms. DeLauro (for herself, Ms. Pelosi , Mr. Schiff , Mr. Gene Green of Texas , Mr. Nadler , Ms. Lee of California , Ms. Moore , Mr. Markey , Mr. Rush , Ms. Norton , Ms. Slaughter , Mr. Sarbanes , Ms. Edwards , Mr. Capuano , Mr. Cárdenas , Ms. Schakowsky , Mr. Pallone , Mr. Moran , Ms. Eddie Bernice Johnson of Texas , Mrs. Carolyn B. Maloney of New York , Ms. Bonamici , Mr. Ryan of Ohio , Mr. Grijalva , Mr. McDermott , Ms. Wasserman Schultz , Mr. Serrano , Mr. Waxman , Mr. Rangel , Ms. Schwartz , Mr. Conyers , Mr. Carson of Indiana , Mr. Honda , Mrs. Kirkpatrick , Ms. Chu , Mr. Tonko , Ms. Brown of Florida , Mr. Al Green of Texas , Mr. Gutierrez , Ms. Meng , Ms. Tsongas , Mr. Ben Ray Luján of New Mexico , Mr. Langevin , Mr. Clay , Mr. Lewis , Mr. Payne , Mr. Larson of Connecticut , Mr. Lynch , Mr. Johnson of Georgia , Mr. Ellison , Mr. George Miller of California , Mr. Polis , Mr. Deutch , Mrs. Napolitano , Mr. Sherman , Mr. Van Hollen , Ms. Esty , Ms. McCollum , Mr. Cleaver , Mr. McGovern , Ms. Linda T. Sánchez of California , Mr. Himes , Mrs. Capps , Mr. Peters of Michigan , Mr. Pocan , Ms. Castor of Florida , Ms. Hahn , Mr. Price of North Carolina , Ms. Kaptur , Ms. Wilson of Florida , Mr. Brady of Pennsylvania , Mr. Cohen , Ms. Shea-Porter , Ms. Clarke , Mr. Delaney , Mr. Veasey , Mr. Swalwell of California , Mr. Larsen of Washington , Mr. Holt , Mr. Yarmuth , Mr. Danny K. Davis of Illinois , Mr. Courtney , Mr. Keating , Mr. Jeffries , Ms. Speier , Mr. Blumenauer , Mr. Hastings of Florida , Ms. Roybal-Allard , Mr. Huffman , Ms. Pingree of Maine , Ms. Eshoo , Ms. Lofgren , Mr. Takano , Ms. Fudge , Ms. Matsui , and Ms. Titus ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on House Administration and 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 allow Americans to earn paid sick time so that they can address their own health needs and the health needs of their families. 1. Short title This Act may be cited as the Healthy Families Act . 2. Findings Congress makes the following findings: (1) Working Americans need time to meet their own health care needs and to care for family members, including their children, spouse, domestic partner, parents (including parents-in-law), and other children and adults for whom they are caregivers. (2) Health care needs include preventive health care, diagnostic procedures, medical treatment, and recovery in response to short- and long-term illnesses and injuries. (3) Providing employees time off to meet health care needs ensures that they will be healthier in the long run. Preventive care helps avoid illnesses and injuries and routine medical care helps detect illnesses early and shorten their duration. A 2012 study published by BioMed Central Public Health of results of the National Health Interview Survey found that lack of paid sick leave is a barrier to receiving cancer screenings and preventive care. Workers with paid sick leave were more likely to have a mammogram, Pap test, or endoscopy, and were more likely to have visited a doctor in the previous year, than workers without paid sick leave, even when the results were adjusted for sociodemographic factors. (4) When parents are available to care for their children who become sick, children recover faster, more serious illnesses are prevented, and children’s overall mental and physical health improve. In a 2009 study published in the American Journal of Public Health, 81 percent of parents of a child with special health care needs reported that taking leave from work to be with their child had a good or very good effect on their child’s physical health. Similarly, 85 percent of parents of such a child found that taking such leave had a good or very good effect on their child’s emotional health. (5) When parents cannot afford to miss work and must send children with contagious illnesses to child care centers or schools, infection can spread rapidly through child care centers and schools. (6) Providing paid sick time improves public health by reducing infectious disease. Policies that make it easier for sick adults and children to be isolated at home reduce the spread of infectious disease. A 2012 study published in the American Journal of Public Health found that a lack of workplace policies like paid sick days contributed to an additional 5,000,000 cases of influenza-like illness during the H1N1 pandemic of 2009. (7) Routine medical care reduces medical costs by detecting and treating illness and injury early, decreasing the need for emergency care. These savings benefit public and private payers of health insurance, including private businesses. A 2011 study by the Institute for Women’s Policy Research found that a universal paid sick days policy would reduce preventable visits to the emergency room and result in cost savings of $1,100,000,000 per year, including $500,000,000 in savings for public health insurance like Medicaid. (8) The provision of individual and family sick time by large and small businesses, both here in the United States and elsewhere, demonstrates that policy solutions are both feasible and affordable in a competitive economy. A 2009 study by the Center for Economic and Policy Research found that, of 22 countries with comparable economies, the United States was 1 of only 3 countries that did not provide any paid time off for workers with short-term illnesses. (9) Measures that ensure that employees are in good health and do not need to worry about unmet family health problems help businesses by promoting productivity and reducing employee turnover. (10) The American Productivity Audit completed in 2003 found that lost productivity due to illness costs $226,000,000,000 annually, and that 71 percent of that cost stems from presenteeism, the practice of employees coming to work despite illness. Studies in the Journal of Occupational and Environmental Medicine, the Employee Benefit News, and the Harvard Business Review show that presenteeism is a larger productivity drain than either absenteeism or short-term disability. (11) Working while sick also increases a worker's probability of suffering an injury on the job. A 2012 study published by the American Journal of Public Health found that workers with access to paid sick leave were 28 percent less likely than workers without paid sick leave to suffer nonfatal occupational injuries. (12) The absence of paid sick time has forced Americans to make untenable choices between needed income and jobs on the one hand and caring for their own and their family’s health on the other. (13) Nearly 40 percent of the private sector workforce, and 25 percent of the public sector workforce, lacks paid sick time. Another 4,000,000 theoretically have access to sick time, but have not been on the job long enough to use it. Millions more lack sick time they can use to care for a sick child or ill family member. (14) (A) Workers’ access to paid sick time varies dramatically by wage level. (B) For private sector workers— (i) for workers in the lowest quartile of earners, 71 percent lack paid sick time; (ii) for workers in the next 2 quartiles, 36 and 25 percent, respectively, lack paid sick time; and (iii) even for workers in the highest quartile, 16 percent lack paid sick time. (C) For public sector workers— (i) for workers in the lowest quartile of earners, 25 percent lack paid sick time; (ii) for workers in the next 2 quartiles, 7 percent lack paid sick time; and (iii) for workers in the highest quartile, 2 percent lack paid sick time. (D) In addition, millions of workers cannot use paid sick time to care for ill family members. (15) Due to the roles of men and women in society, the primary responsibility for family caregiving often falls on women, and such responsibility affects the working lives of women more than it affects the working lives of men. (16) An increasing number of men are also taking on caregiving obligations, and men who request paid time for caregiving purposes are often denied accommodation or penalized because of stereotypes that caregiving is only women’s work . (17) Employers’ reliance on persistent stereotypes about the proper roles of both men and women in the workplace and in the home continues a cycle of discrimination and fosters stereotypical views about women's commitment to work and their value as employees. (18) Employment standards that apply to only one gender have serious potential for encouraging employers to discriminate against employees and applicants for employment who are of that gender. (19) It is in the national interest to ensure that all Americans can care for their own health and the health of their families while prospering at work. (20) Nearly 1 in 3 American women report physical or sexual abuse by a husband or boyfriend at some point in their lives. Domestic violence also affects men. Women account for about 85 percent of the victims of domestic violence and men account for approximately 15 percent of the victims. Therefore, women disproportionately need time off to care for their health or to find solutions, such as obtaining a restraining order or finding housing, to avoid or prevent physical or sexual abuse. (21) One study showed that 85 percent of domestic violence victims at a women’s shelter who were employed missed work because of abuse. The mean number of days of paid work lost by a rape victim is 8.1 days, by a victim of physical assault is 7.2 days, and by a victim of stalking is 10.1 days. Nationwide, domestic violence victims lose almost 8,000,000 days of paid work per year. (22) Without paid sick days that can be used to address the effects of domestic violence, these victims are in grave danger of losing their jobs. One survey found that 96 percent of employed domestic violence victims experienced problems at work related to the violence. The Government Accountability Office similarly found that 24 to 52 percent of victims report losing a job due, at least in part, to domestic violence. The loss of employment can be particularly devastating for victims of domestic violence, who often need economic security to ensure safety. (23) The Centers for Disease Control and Prevention has estimated that domestic violence costs over $700,000,000 annually due to the victims’ lost productivity in employment. (24) Efforts to assist abused employees result in positive outcomes for employers as well as employees because employers can retain workers who might otherwise be compelled to leave. 3. Purposes The purposes of this Act are— (1) to ensure that all working Americans can address their own health needs and the health needs of their families by requiring employers to permit employees to earn up to 56 hours of paid sick time including paid time for family care; (2) to diminish public and private health care costs by enabling workers to seek early and routine medical care for themselves and their family members; (3) to assist employees who are, or whose family members are, victims of domestic violence, sexual assault, or stalking, by providing the employees with paid time away from work to allow the victims to receive treatment and to take the necessary steps to ensure their protection; (4) to address the historical and persistent widespread pattern of employment discrimination on the basis of gender by both private and public sector employers; (5) to accomplish the purposes described in paragraphs (1) through (4) in a manner that is feasible for employers; and (6) consistent with the provision of the 14th Amendment to the Constitution relating to equal protection of the laws, and pursuant to Congress' power to enforce that provision under section 5 of that Amendment— (A) to accomplish the purposes described in paragraphs (1) through (4) in a manner that minimizes the potential for employment discrimination on the basis of sex by ensuring generally that paid sick time is available for eligible medical reasons on a gender-neutral basis; and (B) to promote the goal of equal employment opportunity for women and men. 4. Definitions In this Act: (1) Child The term child means a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or a child of a person standing in loco parentis, who is— (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability. (2) Domestic partner The term domestic partner means the person recognized as being in a relationship with an employee under any domestic partnership, civil union, or similar law of the State or political subdivision of a State in which the employee resides. (3) Domestic violence The term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ), except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. (4) Employee The term employee means an individual who is— (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under subparagraph (E), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (5)(A); or (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code. (5) Employer (A) In general The term employer means a person who is— (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) is engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; (II) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any public agency , as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce and industry or activity affecting commerce mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce , as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)). (II) Employee The term employee has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (III) Person The term person has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(a) ). (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (6) 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) ). (7) Health care provider The term health care provider means a provider who— (A) (i) is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or (ii) is any other person determined by the Secretary to be capable of providing health care services; and (B) is not employed by an employer for whom the provider issues certification under this Act. (8) Paid sick time The term paid sick time means an increment of compensated leave that can be earned by an employee for use during an absence from employment for any of the reasons described in paragraphs (1) through (4) of section 5(b). (9) Parent The term parent means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, parent-in-law, parent of a domestic partner, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child. (10) Secretary The term Secretary means the Secretary of Labor. (11) Sexual assault The term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). (12) Spouse The term spouse , with respect to an employee, has the meaning given such term by the marriage laws of the State in which the employee resides. (13) State The term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (14) Stalking The term stalking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). (15) Victim services organization The term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence, sexual assault, or stalking prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process. 5. Provision of paid sick time (a) Accrual of paid sick time (1) In general An employer shall permit each employee employed by the employer to earn not less than 1 hour of paid sick time for every 30 hours worked, to be used as described in subsection (b). An employer shall not be required to permit an employee to earn, under this section, more than 56 hours of paid sick time in a calendar year, unless the employer chooses to set a higher limit. (2) Exempt employees (A) In general Except as provided in paragraph (3), for purposes of this section, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) shall be assumed to work 40 hours in each workweek. (B) Shorter normal workweek If the normal workweek of such an employee is less than 40 hours, the employee shall earn paid sick time based upon that normal work week. (3) Dates of accrual and use Employees shall begin to earn paid sick time under this section at the commencement of their employment. An employee shall be entitled to use the earned paid sick time beginning on the 60th calendar day following commencement of the employee's employment. After that 60th calendar day, the employee may use the paid sick time as the time is earned. An employer may, at the discretion of the employer, loan paid sick time to an employee in advance of the earning of such time under this section by such employee. (4) Carryover (A) In general Except as provided in subparagraph (B), paid sick time earned under this section shall carry over from 1 calendar year to the next. (B) Construction This Act shall not be construed to require an employer to permit an employee to accrue more than 56 hours of earned paid sick time at a given time. (5) Employers with existing policies Any employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in subsection (b) shall not be required to permit an employee to earn additional paid sick time under this section. (6) Construction Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for earned paid sick time that has not been used. (7) Reinstatement If an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer, the employer shall reinstate the employee's previously earned paid sick time. The employee shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the employer. (8) Prohibition An employer may not require, as a condition of providing paid sick time under this Act, that the employee involved search for or find a replacement worker to cover the hours during which the employee is using paid sick time. (b) Uses Paid sick time earned under this section may be used by an employee for any of the following: (1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee. (2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee. (3) An absence for the purpose of caring for a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, who— (A) has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2); and (B) in the case of someone who is not a child, is otherwise in need of care. (4) An absence resulting from domestic violence, sexual assault, or stalking, if the time is to— (A) seek medical attention for the employee or the employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in paragraph (3), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (B) obtain or assist a related person described in paragraph (3) in obtaining services from a victim services organization; (C) obtain or assist a related person described in paragraph (3) in obtaining psychological or other counseling; (D) seek relocation; or (E) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. (c) Scheduling An employee shall make a reasonable effort to schedule a period of paid sick time under this Act in a manner that does not unduly disrupt the operations of the employer. (d) Procedures (1) In general Paid sick time shall be provided upon the oral or written request of an employee. Such request shall— (A) include the expected duration of the period of such time; (B) in a case in which the need for such period of time is foreseeable at least 7 days in advance of such period, be provided at least 7 days in advance of such period; and (C) otherwise, be provided as soon as practicable after the employee is aware of the need for such period. (2) Certification in general (A) Provision (i) In general Subject to subparagraph (C), an employer may require that a request for paid sick time under this section for a purpose described in paragraph (1), (2), or (3) of subsection (b) be supported by a certification issued by the health care provider of the eligible employee or of an individual described in subsection (b)(3), as appropriate, if the period of such time covers more than 3 consecutive workdays. (ii) Timeliness The employee shall provide a copy of such certification to the employer in a timely manner, not later than 30 days after the first day of the period of time. The employer shall not delay the commencement of the period of time on the basis that the employer has not yet received the certification. (B) Sufficient certification (i) In general A certification provided under subparagraph (A) shall be sufficient if it states— (I) the date on which the period of time will be needed; (II) the probable duration of the period of time; (III) the appropriate medical facts within the knowledge of the health care provider regarding the condition involved, subject to clause (ii); and (IV) (aa) for purposes of paid sick time under subsection (b)(1), a statement that absence from work is medically necessary; (bb) for purposes of such time under subsection (b)(2), the dates on which testing for a medical diagnosis or care is expected to be given and the duration of such testing or care; and (cc) for purposes of such time under subsection (b)(3), in the case of time to care for someone who is not a child, a statement that care is needed for an individual described in such subsection, and an estimate of the amount of time that such care is needed for such individual. (ii) Limitation In issuing a certification under subparagraph (A), a health care provider shall make reasonable efforts to limit the medical facts described in clause (i)(III) that are disclosed in the certification to the minimum necessary to establish a need for the employee to utilize paid sick time. (C) Regulations Regulations prescribed under section 13 shall specify the manner in which an employee who does not have health insurance shall provide a certification for purposes of this paragraph. (D) Confidentiality and nondisclosure (i) Protected health information Nothing in this Act shall be construed to require a health care provider to disclose information in violation of section 1177 of the Social Security Act (42 U.S.C. 1320d–6) or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note). (ii) Health information records If an employer possesses health information about an employee or an employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in subsection (b)(3), such information shall— (I) be maintained on a separate form and in a separate file from other personnel information; (II) be treated as a confidential medical record; and (III) not be disclosed except to the affected employee or with the permission of the affected employee. (3) Certification in the case of domestic violence, sexual assault, or stalking (A) In general An employer may require that a request for paid sick time under this section for a purpose described in subsection (b)(4) be supported by 1 of the following forms of documentation: (i) A police report indicating that the employee, or a member of the employee's family described in subsection (b)(4), was a victim of domestic violence, sexual assault, or stalking. (ii) A court order protecting or separating the employee or a member of the employee's family described in subsection (b)(4) from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee or a member of the employee's family described in subsection (b)(4) has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence, sexual assault, or stalking. (iii) Other documentation signed by an employee or volunteer working for a victim services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, or a member of the clergy, affirming that the employee or a member of the employee's family described in subsection (b)(4) is a victim of domestic violence, sexual assault, or stalking. (B) Requirements The requirements of paragraph (2) shall apply to certifications under this paragraph, except that— (i) subclauses (III) and (IV) of subparagraph (B)(i) and subparagraph (B)(ii) of such paragraph shall not apply; (ii) the certification shall state the reason that the leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the employee to be absent from work, and the employee shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; and (iii) with respect to confidentiality under subparagraph (D) of such paragraph, any information provided to the employer under this paragraph shall be confidential, except to the extent that any disclosure of such information is— (I) requested or consented to in writing by the employee; or (II) otherwise required by applicable Federal or State law. 6. Posting requirement (a) In general Each employer shall post and keep posted a notice, to be prepared or approved in accordance with procedures specified in regulations prescribed under section 13, setting forth excerpts from, or summaries of, the pertinent provisions of this Act including— (1) information describing paid sick time available to employees under this Act; (2) information pertaining to the filing of an action under this Act; (3) the details of the notice requirement for a foreseeable period of time under section 5(d)(1)(B); and (4) information that describes— (A) the protections that an employee has in exercising rights under this Act; and (B) how the employee can contact the Secretary (or other appropriate authority as described in section 8) if any of the rights are violated. (b) Location The notice described under subsection (a) shall be posted— (1) in conspicuous places on the premises of the employer, where notices to employees (including applicants) are customarily posted; or (2) in employee handbooks. (c) Violation; penalty Any employer who willfully violates the posting requirements of this section shall be subject to a civil fine in an amount not to exceed $100 for each separate offense. 7. Prohibited acts (a) Interference with rights (1) 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 Act, including— (A) discharging or discriminating against (including retaliating against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided under this Act; (B) using the taking of paid sick time under this Act as a negative factor in an employment action, such as hiring, promotion, or a disciplinary action; or (C) counting the paid sick time under a no-fault attendance policy or any other absence control policy. (2) Discrimination It shall be unlawful for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, for opposing any practice made unlawful by this Act. (b) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. (c) Construction Nothing in this section shall be construed to state or imply that the scope of the activities prohibited by section 105 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2615 ) is less than the scope of the activities prohibited by this section. 8. Enforcement authority (a) In general (1) Definition In this subsection: (A) the term employee means an employee described in subparagraph (A) or (B) of section 4(4); and (B) the term employer means an employer described in subclause (I) or (II) of section 4(5)(A)(i). (2) Investigative authority (A) In general To ensure compliance with the provisions of this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to subparagraph (C), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to employers, employees, and other individuals affected. (B) Obligation to keep and preserve records An employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in accordance with regulations prescribed by the Secretary. (C) Required submissions generally limited to an annual basis The Secretary shall not require, under the authority of this paragraph, an employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to paragraph (4). (D) Subpoena authority For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209). (3) Civil action by employees or individuals (A) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by one or more employees or individuals or their representative for and on behalf of— (i) the employees or individuals; or (ii) the employees or individuals and others similarly situated. (B) Liability Any employer who violates section 7 (including a violation relating to rights provided under section 5) shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 56 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs The court in an action under this paragraph 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. (4) Action by the Secretary (A) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 7 (including a violation relating to rights provided under section 5) in the same manner that 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 (3)(B)(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 employee or individual affected. Any such sums not paid to an employee or individual affected 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. (5) Limitation (A) In general Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) 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 an action brought for a willful violation of section 7 (including a willful violation relating to rights provided under section 5), such action may be brought within 3 years of 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 under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (6) 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 section 7 (including a violation relating to rights provided under section 5), 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 employees or individuals eligible under this Act; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (7) Solicitor of Labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government Accountability Office and Library of Congress Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (b) Employees covered by Congressional Accountability Act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an employee described in section 4(4)(C). (c) Employees covered by chapter 5 of title 3 , United States Code The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 4(4)(D). (d) Employees covered by chapter 63 of title 5, United States Code The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 4(4)(E). (e) Remedies for State employees (1) Waiver of sovereign immunity A State's receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. (2) Official capacity An official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures under subsection (a)(3), for injunctive relief that is authorized under this Act. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes (42 U.S.C. 1988). (3) Applicability With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (4) Definition of program or activity In this subsection, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ). 9. Collection of data on paid sick time and further study (a) Compilation of information Effective 90 days after the date of enactment of this Act, the Commissioner of Labor Statistics shall annually compile information on the following: (1) The number of employees who used paid sick time. (2) The number of hours of paid sick time used. (3) The number of employees who used paid sick time for absences necessary due to domestic violence, sexual assault, or stalking. (4) The demographic characteristics of employees who were eligible for and who used paid sick time. (b) GAO study (1) In general The Comptroller General of the United States shall annually conduct a study to determine the following: (A) (i) The number of days employees used paid sick time and the reasons for the use. (ii) The number of employees who used the paid sick time for periods of time covering more than 3 consecutive workdays. (B) The cost and benefits to employers of implementing the paid sick time policies. (C) The cost to employees of providing certification to obtain the paid sick time. (D) The benefits of the paid sick time to employees and their family members, including effects on employees' ability to care for their family members or to provide for their own health needs. (E) Whether the paid sick time affected employees' ability to sustain an adequate income while meeting needs of the employees and their family members. (F) Whether employers who administered paid sick time policies prior to the date of enactment of this Act were affected by the provisions of this Act. (G) Whether other types of leave were affected by this Act. (H) Whether paid sick time affected retention and turnover and costs of presenteeism. (I) Whether the paid sick time increased the use of less costly preventive medical care and lowered the use of emergency room care. (J) Whether the paid sick time reduced the number of children sent to school when the children were sick. (2) Disaggregating data The data collected under subparagraphs (A) and (D) of paragraph (1) shall be disaggregated by gender, race, disability, earnings level, age, marital status, family type, including parental status, and industry. (3) Reports (A) In general Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report to the appropriate committees of Congress concerning the results of the study conducted pursuant to paragraph (1) and the data aggregated under paragraph (2). (B) Followup report Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a followup report to the appropriate committees of Congress concerning the results of the study conducted pursuant to paragraph (1) and the data aggregated under paragraph (2). 10. Effect on other laws (a) Federal and State antidiscrimination laws Nothing in this Act shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, disability, sexual orientation, gender identity, marital status, familial status, or any other protected status. (b) State and local laws Nothing in this Act shall be construed to supersede (including preempting) any provision of any State or local law that provides greater paid sick time or leave rights (including greater amounts of paid sick time or leave, or greater coverage of those eligible for paid sick time or leave) than the rights established under this Act. 11. Effect on existing employment benefits (a) More protective Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid sick leave or other leave rights to employees or individuals than the rights established under this Act. (b) Less protective The rights established for employees under this Act shall not be diminished by any contract, collective bargaining agreement, or any employment benefit program or plan. 12. Encouragement of more generous leave policies Nothing in this Act shall be construed to discourage employers from adopting or retaining leave policies more generous than policies that comply with the requirements of this Act. 13. Regulations (a) In general (1) Authority Except as provided in paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in subparagraph (A) or (B) of section 4(4) and other individuals affected by employers described in subclause (I) or (II) of section 4(5)(A)(i). (2) Government Accountability Office; Library of Congress The Comptroller General of the United States and the Librarian of Congress shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively. (b) Employees covered by Congressional Accountability Act of 1995 (1) Authority Not later than 90 days after the Secretary prescribes regulations under section 13(a), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 )) such regulations as are necessary to carry out this Act with respect to employees described in section 4(4)(C) and other individuals affected by employers described in section 4(5)(A)(i)(III). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (c) Employees covered by chapter 5 of title 3 , United States Code (1) Authority Not later than 90 days after the Secretary prescribes regulations under section 13(a), the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 4(4)(D) and other individuals affected by employers described in section 4(5)(A)(i)(IV). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d) Employees covered by chapter 63 of title 5 , United States Code (1) Authority Not later than 90 days after the Secretary prescribes regulations under section 13(a), the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 4(4)(E) and other individuals affected by employers described in section 4(5)(A)(i)(V). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. 14. Effective dates (a) Effective date This Act shall take effect 6 months after the date of issuance of regulations under section 13(a)(1). (b) Collective bargaining agreements In the case of a collective bargaining agreement in effect on the effective date prescribed by subsection (a), this Act shall take effect on the earlier of— (1) the date of the termination of such agreement; or (2) the date that occurs 18 months after the date of issuance of regulations under section 13(a)(1).

https://www.govinfo.gov/content/pkg/BILLS-113hr1286ih/xml/BILLS-113hr1286ih.xml

113-hr-1287

I 113th CONGRESS 1st Session H. R. 1287 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Fincher (for himself, Mr. McIntyre , Mr. Crawford , Mr. Peterson , Mr. Bucshon , Mr. Bishop of Georgia , and Mr. Cole ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To ensure high standards for Federal agency use of scientific information. 1. Short title This Act may be cited as the Sound Science Act of 2013 . 2. Ensuring high standards for agency use of scientific information (a) Requirement for final guidelines Not later than January 1, 2014, each Federal agency shall have in effect guidelines for ensuring and maximizing the quality, objectivity, utility, and integrity of scientific information relied upon by such agency. (b) Content of guidelines The guidelines described in subsection (a), with respect to a Federal agency, shall ensure that— (1) when scientific information is considered by the agency in policy decisions— (A) the information is subject to well-established scientific processes, including peer review where appropriate; (B) the agency appropriately applies the scientific information to the policy decision; (C) except for information that is protected from disclosure by law or administrative practice, the agency makes available to the public the scientific information considered by the agency; (D) the agency gives greatest weight to information that is based on experimental, empirical, quantifiable, and reproducible data that is developed in accordance with well-established scientific processes; and (E) with respect to any proposed rule issued by the agency, such agency follows procedures that include, to the extent feasible and permitted by law, an opportunity for public comment on all relevant scientific findings; (2) the agency has procedures in place to make policy decisions only on the basis of the best reasonably obtainable scientific, technical, economic, and other evidence and information concerning the need for, consequences of, and alternatives to the decision; and (3) the agency has in place procedures to identify and address instances in which the integrity of scientific information considered by the agency may have been compromised, including instances in which such information may have been the product of a scientific process that was compromised. (c) Approval needed for policy decisions To take effect No policy decision issued after January 1, 2014, by an agency subject to this section may take effect prior to such date that the agency has in effect guidelines under subsection (a) that have been approved by the Director of the Office of Science and Technology Policy. (d) Policy decisions not in compliance A policy decision of an agency that does not comply with guidelines approved under subsection (c) shall be deemed to be arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law. (e) Definitions For purposes of this section: (1) Agency The term agency has the meaning given such term in section 551(1) of title 5, United States Code. (2) Policy decision The term policy decision means, with respect to an agency, an agency action as defined in section 551(13) of title 5, United States Code, (other than an adjudication, as defined in section 551(7) of such title), and includes— (A) the listing, labeling, or other identification of a substance, product, or activity as hazardous or creating risk to human health, safety, or the environment; and (B) agency guidance. (3) Agency guidance The term agency guidance means an agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue or on an interpretation of a statutory or regulatory issue.

https://www.govinfo.gov/content/pkg/BILLS-113hr1287ih/xml/BILLS-113hr1287ih.xml

113-hr-1288

I 113th CONGRESS 1st Session H. R. 1288 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Butterfield (for himself, Mr. Courtney , Mr. Jones , Mr. Meadows , Mr. McIntyre , Mr. Pittenger , Mr. Holding , Mr. Hastings of Florida , Mr. Brady of Pennsylvania , Mrs. Napolitano , Mr. Cummings , Mr. LoBiondo , Mr. McDermott , Ms. Pingree of Maine , Mr. Lipinski , Mr. Griffin of Arkansas , Mr. Schiff , Mr. Rangel , Ms. Schwartz , Mr. Latta , Mr. Ross , Ms. Hahn , Mr. Wittman , Mr. Loebsack , Mr. McHenry , Mr. Johnson of Georgia , Mr. Connolly , Ms. McCollum , Mrs. Carolyn B. Maloney of New York , Ms. Wasserman Schultz , Mr. Barrow of Georgia , Mrs. McCarthy of New York , Mr. Keating , Ms. Brown of Florida , Mr. King of New York , Ms. Bordallo , Mr. Price of North Carolina , Mr. Kennedy , Mr. DeFazio , Mr. Himes , Mr. Honda , and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Homeland Security to accept additional documentation when considering the application for veterans status of an individual who performed service as a coastwise merchant seaman during World War II, and for other purposes. 1. Short title This Act may be cited as the World War II Merchant Mariner Service Act . 2. Findings Congress makes the following findings: (1) The Merchant Marine Act, 1936 established the United States Maritime Commission, and stated as a matter of policy that the United States should have a merchant marine that is “capable of serving as a naval and military auxiliary in time of war or national emergency”. (2) The Social Security Act Amendments of 1939 ( Public Law 76–379 ) expanded the definition of employment to include service “on or in connection with an American vessel under contract of service which is entered into within the United States or during the performance of which the vessel touches at a port in the United States, if the employee is employed on and in connection with such vessel”. (3) The Joint Resolution to repeal sections 2, 3, and 6 of the Neutrality Act of 1939, and for other purposes (Public Law 77–294; 55 Stat. 764) repealed section 6 of the Neutrality Act of 1939 (related to the arming of United States vessels) and authorized the President during the national emergency to arm or permit to arm any United States vessel. (4) On February 7, 1942, President Franklin D. Roosevelt, through Executive Order Number 9054, established the War Shipping Administration that was charged with building or purchasing, and operating the civilian shipping vessels needed for the war effort. (5) During World War II, United States merchant mariners transported goods and materials through “contested waters” to the various combat theaters. (6) At the conclusion of World War II, United States merchant mariners were responsible for transporting several million members of the United States Armed Forces back to the United States. (7) The GI Bill Improvement Act of 1977 ( Public Law 95–202 ) provided that the Secretary of Defense could determine that service for the Armed Forces by organized groups of civilians, or contractors, be considered “active service” for benefits administered by the Veterans Administration. (8) Department of Defense Directive 1000.20 directed that the determination be made by the Secretary of the Air Force, and established the Civilian/Military Service Review Board and Advisory Panel. (9) In 1987, three merchant mariners along with the AFL–CIO sued Edward C. Aldridge, Secretary of the Air Force, challenging the denial of their application for veterans status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C. 1987)), the Court determined that Secretary Aldridge had failed to “articulate clear and intelligible criteria for the administration” of the application approval process. (10) During World War II, women were repeatedly denied issuance of official documentation affirming their merchant marine seamen status by the War Shipping Administration. (11) Coast Guard Information Sheet #77 (April 1992) identifies the following acceptable forms of documentation for eligibility meeting the requirements set forth in GI Bill Improvement Act of 1977 ( Public Law 95–202 ) and Veterans Programs Enhancement Act of 1998 (Public Law 105–368): (A) Certificate of shipping and discharge forms. (B) Continuous discharge books (ship’s deck or engine logbooks). (C) Company letters showing vessel names and dates of voyages. (12) Coast Guard Commandant Order of 20 March, 1944, relieved masters of tugs, towboats, and seagoing barges of the responsibility of submitting reports of seamen shipped or discharged on forms, meaning certificates of shipping and discharge forms are not available to all eligible individuals seeking to document their eligibility. (13) Coast Guard Information Sheet #77 (April, 1992) states that “deck logs were traditionally considered to be the property of the owners of the ships. After World War II, however, the deck and engine logbooks of vessels operated by the War Shipping Administration were turned over to that agency by the ship owners, and were destroyed during the 1970s”, meaning that continuous discharge books are not available to all eligible individuals seeking to document their eligibility. (14) Coast Guard Information Sheet #77 (April, 1992) states “some World War II period log books do not name ports visited during the voyage due to wartime security restrictions”, meaning that company letters showing vessel names and dates of voyages are not available to all eligible individuals seeking to document their eligibility. 3. Methods for validating certain service considered to be active service by the Secretary of Veterans Affairs (a) In general For the purposes of verifying that an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman who is recognized pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) as having performed active duty service for the purposes described in subsection (c)(1), the Secretary of Homeland Security shall accept the following: (1) In the case of an individual who served on a coastwise merchant vessel seeking such recognition for whom no applicable Coast Guard shipping or discharge form, ship logbook, merchant mariner’s document or Z-card, or other official employment record is available, the Secretary shall provide such recognition on the basis of applicable Social Security Administration records submitted for or by the individual, together with validated testimony given by the individual or the primary next of kin of the individual that the individual performed such service during the period beginning on December 7, 1941, and ending on December 31, 1946. (2) In the case of an individual who served on a coastwise merchant vessel seeking such recognition for whom the applicable Coast Guard shipping or discharge form, ship logbook, merchant mariner’s document or Z-card, or other official employment record has been destroyed or otherwise become unavailable by reason of any action committed by a person responsible for the control and maintenance of such form, logbook, or record, the Secretary shall accept other official documentation demonstrating that the individual performed such service during period beginning on December 7, 1941, and ending on December 31, 1946. (3) For the purpose of determining whether to recognize service allegedly performed during the period beginning on December 7, 1941, and ending on December 31, 1946, the Secretary shall recognize masters of seagoing vessels or other officers in command of similarly organized groups as agents of the United States who were authorized to document any individual for purposes of hiring the individual to perform service in the merchant marine or discharging an individual from such service. (b) Treatment of other documentation Other documentation accepted by the Secretary of Homeland Security pursuant to subsection (a)(2) shall satisfy all requirements for eligibility of service during the period beginning on December 7, 1941, and ending on December 31, 1946. (c) Benefits allowed (1) Burial benefits eligibility Service of an individual that is considered active duty pursuant to subsection (a) shall be considered as active duty service with respect to providing burial benefits under chapters 23 and 24 of title 38, United States Code, to the individual. (2) Medals, ribbons, and decorations An individual whose service is recognized as active duty pursuant to subsection (a) may be awarded an appropriate medal, ribbon, or other military decoration based on such service. (3) Status of veteran An individual whose service is recognized as active duty pursuant to subsection (a) shall be honored as a veteran but shall not be entitled by reason of such recognized service to any benefit that is not described in this subsection. (d) Determination of coastwise merchant seaman The Secretary of Homeland Security shall verify that an individual performed service under honorable conditions that satisfies the requirements of a coastwise merchant seaman pursuant to this section without regard to the sex, age, or disability of the individual during the period in which the individual served as such a coastwise merchant seaman. (e) Definition of primary next of kin In this section, the term primary next of kin with respect to an individual seeking recognition for service under this section means the closest living relative of the individual who was alive during the period of such service. (f) Effective date This Act shall take effect 90 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1288ih/xml/BILLS-113hr1288ih.xml

113-hr-1289

I 113th CONGRESS 1st Session H. R. 1289 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Foster (for himself, Mr. Hultgren , Mr. Massie , Mr. Van Hollen , Mr. Capuano , Mr. Carney , Mr. Cicilline , Mr. Connolly , Mr. Danny K. Davis of Illinois , Mr. Loebsack , Ms. McCollum , Mr. Peters of Michigan , Mr. Pocan , Mr. Rush , Ms. Schakowsky , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide a Federal charter to the Fab Foundation for the National Fab Lab Network, a national network of local digital fabrication facilities providing community access to advanced manufacturing tools for learning skills, developing inventions, creating businesses, and producing personalized products. 1. Short title This Act may be cited as the National Fab Lab Network Act of 2013 . 2. Findings Congress finds the following: (1) Scientific discoveries and technical innovations are critical to the economic and national security of the United States. (2) Maintaining the leadership of the United States in science, technology, engineering, and mathematics will require a diverse population with the skills, interest, and access to tools required to advance these fields. (3) Just as earlier digital revolutions in communications and computation provided individuals with the Internet and personal computers, a digital revolution in fabrication will allow anyone to make almost anything, anywhere. (4) The Center for Bits and Atoms of the Massachusetts Institute of Technology (CBA) has contributed significantly to the advancement of these goals through its work in creating and advancing digital fab labs in the United States and abroad. (5) CBA’s fab labs provide a model for a new kind of national laboratory that links local facilities for advanced manufacturing to expand access and empower communities. (6) A coordinated national public-private partnership will be the most effective way to accelerate the provision of this infrastructure for learning skills, developing inventions, creating businesses, and producing personalized products. 3. Establishment of national fab lab network (a) Federal Charter The Fab Foundation is hereby granted a Federal charter as the National Fab Lab Network (in this Act referred to as the NFLN ). The NFLN shall exist as a nonprofit entity whose purpose is to facilitate the creation of a national network of local fab labs, and to serve as a resource to assist stakeholders with their effective operation. (b) Membership and organization Eligibility for membership in the NFLN and the rights and privileges of members are as provided in the constitution and bylaws of the NFLN. Directors, officers, and other staff of the NFLN, and their powers and duties are as provided in the bylaws of the NFLN. (c) Functions The functions of the NFLN shall be the following: (1) To serve as the coordinating body for the creation of a national network of local fab labs in the United States. (2) To provide a first point of contact for organizations and communities seeking to create fab labs, providing information, assessing suitability, advising on the lab lifecycle, and maintaining descriptions of prospective and operating sites. (3) To link funders and sites with operational entities that can source and install fab labs, provide training, assist with operations, account for spending, and assess impact. (4) To perform outreach for individuals and communities on the benefits available through the NFLN. (5) To facilitate use of the NFLN in synergistic programs, such as workforce training, job creation, research broader impacts, and the production of civic infrastructure. (6) To offer transparency in the management, governance, and operation of the NFLN. (d) Purposes In carrying out its functions, the NFLN’s purposes and goals shall be— (1) to create a national network of connected local fab labs to empower individuals and communities in the United States; (2) to foster the use of distributed digital fabrication tools to promote science, technology, engineering and math skills, increase invention and innovation, create businesses and jobs, and fulfill needs; and (3) to seek to establish at least one fab lab per every 700,000 individuals in the United States in the first ten years of its operation, corresponding to availability in all 435 Congressional districts. (e) Definitions In this section, the term fab lab shall refer to a facility equipped with an integrated suite of fabrication tools to convert digital designs into functional physical things, and scanning tools to convert physical things into digital designs, as exemplified by CBA’s fab labs. These labs shall be available for a range of individual and collaborative educational, commercial, creative, and social purposes, with the NFLN to provide guidelines for their sustainable operation. (f) Funding The NFLN may accept funds from private individuals, corporations, government agencies, or other organizations.

https://www.govinfo.gov/content/pkg/BILLS-113hr1289ih/xml/BILLS-113hr1289ih.xml

113-hr-1290

I 113th CONGRESS 1st Session H. R. 1290 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Griffith of Virginia (for himself, Mr. Owens , Mr. Jones , Mr. Rahall , Mr. Young of Alaska , Mr. Franks of Arizona , Mr. Westmoreland , Mr. Hanna , Mr. Ross , Mr. Poe of Texas , Mr. Crawford , Mr. Harper , Mr. Rigell , Mr. Nunnelee , Mr. Kinzinger of Illinois , Mr. Posey , Mr. Graves of Missouri , Mr. Griffin of Arkansas , Mr. Kelly , Mr. Roe of Tennessee , Ms. Jenkins , Mr. Barton , Mr. Conaway , Mr. Womack , Mr. Cassidy , Mr. Rogers of Alabama , Mr. Latta , Mr. Hurt , Mr. Johnson of Ohio , and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition. 1. Interstate transportation of firearms or ammunition (a) In general Section 926A of title 18, United States Code, is amended to read as follows: 926A. Interstate transportation of firearms or ammunition (a) Notwithstanding any provision of any law, rule, or regulation of a State or any political subdivision thereof: (1) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation, the firearm is unloaded, and— (A) if the transportation is by motor vehicle, the firearm is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the firearm is in a locked container other than the glove compartment or console, or is secured by a secure gun storage or safety device; or (B) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device. (2) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation, the ammunition is not loaded into a firearm, and— (A) if the transportation is by motor vehicle, the ammunition is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or (B) if the transportation is by other means, the ammunition is in a locked container. (b) In subsection (a), the term transport includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport, but does not include transportation— (1) with the intent to commit a crime punishable by imprisonment for a term exceeding one year that involves the use or threatened use of force against another; or (2) with knowledge, or reasonable cause to believe, that such a crime is to be committed in the course of, or arising from, the transportation. (c) (1) A person who is transporting a firearm or ammunition may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms, unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection (a). (2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsection (a). (3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee. (d) (1) A person who is deprived of any right, privilege, or immunity secured by this section, section 926B or 926C, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief. (2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney's fee. . (b) Clerical amendment The table of sections for such chapter is amended in the item relating to section 926A by striking firearms and inserting firearms or ammunition .

https://www.govinfo.gov/content/pkg/BILLS-113hr1290ih/xml/BILLS-113hr1290ih.xml

113-hr-1291

I 113th CONGRESS 1st Session H. R. 1291 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Kind (for himself and Mr. Gerlach ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Neotropical Migratory Bird Conservation Act. 1. Reauthorization of Neotropical Migratory Bird Conservation Act Section 10 of the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6109 ) is amended— (1) by striking subsections (a) and (b) and inserting the following: (a) Authorization of appropriations There is authorized to be appropriated to the Fund to carry out this Act such sums as are necessary for each of fiscal years 2014 through 2019, to remain available until expended, of which not less than 75 percent of the amounts made available for each fiscal year shall be expended for projects carried out outside the United States. ; and (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

https://www.govinfo.gov/content/pkg/BILLS-113hr1291ih/xml/BILLS-113hr1291ih.xml

113-hr-1292

I 113th CONGRESS 1st Session H. R. 1292 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. King of Iowa (for himself, Mr. Franks of Arizona , Mr. Jones , Mr. Duncan of South Carolina , Mr. Brooks of Alabama , Mr. Burgess , and Mr. Barletta ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Judiciary 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 amend the Internal Revenue Code of 1986 to clarify that wages paid to unauthorized aliens may not be deducted from gross income, and for other purposes. 1. Short title This Act may be cited as— (1) the New IDEA Act ; or (2) the New Illegal Deduction Elimination Act . 2. Clarification that wages paid to unauthorized aliens may not be deducted from gross income (a) In general Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph: (4) Wages paid to or on behalf of unauthorized aliens (A) In general No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). (B) Wages For the purposes of this paragraph, the term wages means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash. (C) Safe Harbor If a person or other entity is participating in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee. (D) Burden of proof In the case of any examination of a return in connection with a deduction under this section by reason of this paragraph, the Secretary shall bear the burden of proving that wages were paid to or on behalf of an unauthorized alien. (E) Limitation on taxpayer audit The Secretary may not commence an audit or other investigation of a taxpayer solely on the basis of a deduction taken under this section by reason of this paragraph. . (b) Six-Year limitation on assessment and collection Subsection (c) of section 6501 of the Internal Revenue Code of 1986 (relating to exceptions) is amended by adding at the end the following new paragraph: (12) Deduction claimed for wages paid to unauthorized aliens In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed. . (c) Use of documentation for enforcement purposes Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— (1) in subparagraph (b)(5), by inserting , section 162(c)(4) of the Internal Revenue Code of 1986, after enforcement of this Act ; (2) in subparagraph (d)(2)(F), by inserting , section 162(c)(4) of the Internal Revenue Code of 1986, after enforcement of this Act ; and (3) in subparagraph (d)(2)(G), by inserting section 162(c)(4) of the Internal Revenue Code of 1986 or after or enforcement of . (d) Availability of information (1) In general The Commissioner of Social Security, the Secretary of the Department of Homeland Security, and the Secretary of the Treasury, shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter, any information in the earnings suspense file, and any information in the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986. (2) Disclosure by Secretary of the Treasury (A) In general Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (9) Payment of wages to unauthorized aliens Upon request from the Commissioner of the Social Security Administration or the Secretary of the Department of Homeland Security, the Secretary shall disclose to officers and employees of such Administration or Department— (A) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section 162(c)(4), and (B) taxpayer identity information of individuals to whom such wages were paid, for purposes of carrying out any enforcement activities of such Administration or Department with respect to such employers or individuals. . (B) Recordkeeping Paragraph (4) of section 6103(p) of such Code is amended— (i) by striking (5), or (7) in the matter preceding subparagraph (A) and inserting (5), (7), or (9) , and (ii) by striking (5) or (7) in subparagraph (F)(ii) and inserting (5), (7), or (9) . (e) Effective date (1) Except as provided in paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2013. 3. Modification of E-Verify Program (a) Making permanent Subsection (b) of section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is amended by striking the last sentence. (b) Application to current employees (1) Voluntary election The first sentence of section 402(a) of such Act is amended to read as follows: Any person or other entity that conducts any hiring (or recruitment or referral) in a State or employs any individuals in a State may elect to participate in the E-Verify Program. . (2) Benefit of rebuttable presumption Paragraph (1) of section 402(b) of such Act is amended by adding at the end the following: If a person or other entity is participating in the E-Verify Program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to individuals employed by the person or entity, the person or entity has established a rebuttable presumption that the person or entity has not violated section 274A(a)(2) with respect to such individuals. . (3) Scope of election Subparagraph (A) of section 402(c)(2) of such Act is amended to read as follows: (A) In general Any electing person or other entity may provide that the election under subsection (a) shall apply (during the period in which the election is in effect)— (i) to all its hiring (and all recruitment or referral); (ii) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity); (iii) to all its hiring (and all recruitment or referral) in one or more States or one or more places of hiring (or recruitment or referral, as the case may be); or (iv) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity) in one or more States or one or more place of hiring (or recruitment or referral or employment, as the case may be). . (4) Procedures for participants in E-Verify Program Subsection (a) of section 403 of such Act is amended— (A) in the matter preceding paragraph (1), by inserting or continued employment in the United States after United States ; and (B) in paragraph (3)— (i) in subparagraph (A), by striking all that follows (as specified by the Secretary of Homeland Security) and inserting after the date of the hiring, or recruitment or referral, in the case of inquiries made pursuant to a hiring, recruitment or referral (and not of previously hired individuals). ; and (ii) in subparagraph (B), by striking such 3 working days and inserting the specified period . (c) Application to job applicants Section 402(c)(2) of such Act is amended by adding at the end the following: (C) Job offer may be made conditional on final confirmation by E-Verify A person or other entity that elects to participate in the E-Verify Program may offer a prospective employee an employment position conditioned on final verification of the identity and employment eligibility of the employee using the employment eligibility confirmation system established under section 404. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1292ih/xml/BILLS-113hr1292ih.xml

113-hr-1293

I 113th CONGRESS 1st Session H. R. 1293 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. King of New York (for himself, Mr. Polis , Mr. Hanna , Mr. Meeks , Mr. Bachus , Mr. Grimm , and Mr. Wolf ) 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 the Internal Revenue Code of 1986 to establish and provide a checkoff for a Breast and Prostate Cancer Research Fund, and for other purposes. 1. Short title This Act may be cited as the Taxpayers’ Cancer Research Funding Act of 2013 . 2. Designation of income tax payments to Breast and Prostate Cancer Research Fund (a) In general Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX Designation of income tax payments to Breast and Prostate Cancer Research Fund Sec. 6098. Designation to Breast and Prostate Cancer Research Fund. 6098. Designation to Breast and Prostate Cancer Research Fund (a) In general Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $5 or more may designate that $5 shall be paid over to the Breast and Prostate Cancer Research Fund in accordance with the provisions of section 9512. In the case of a joint return of husband and wife having an adjusted income tax liability of $10 or more, each spouse may designate that $5 shall be paid to the fund. (b) Adjusted income tax liability For purposes of subsection (a), the term adjusted income tax liability means, for any individual for any taxable year, the excess (if any) of— (1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over (2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual’s spouse) under section 6096(a) for such taxable year. (c) Manner and time of designation A designation under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature. . (b) Breast and Prostate Cancer Research Fund Subchapter A of chapter 98 of such Code is amended by adding at the end the following new section: 9512. Breast and Prostate Cancer Research Fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Breast and Prostate Cancer Research Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to trust fund There are hereby appropriated to the Breast and Prostate Cancer Research Fund amounts equivalent to the amounts designated under section 6098. (c) Expenditures Amounts in the Breast and Prostate Cancer Research Fund shall be available, as provided in appropriation Acts, for purposes of making qualified research grants, to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. Such amounts shall be used to supplement, not supplant, existing funding for research with respect to breast and prostate cancer. (d) Qualified research grants (1) In general For purposes of subsection (c), the term qualified research grant means a grant, to a qualified person selected by the National Cancer Institute of the National Institutes of Health by qualified peer review, for the purpose of conducting research with respect to breast or prostate cancer. Such a grant shall be administered by such National Cancer Institute and the amount of such grant shall be determined by such Institute. (2) Qualified peer review For purposes of paragraph (1), the term qualified peer review means peer review described in sections 492 and 492A of the Public Health Service Act . . (c) Clerical amendments (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: Part IX. Designation of Income Tax Payments to Breast and Prostate Cancer Research Fund . (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Breast and Prostate Cancer Research Fund. . (d) 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-113hr1293ih/xml/BILLS-113hr1293ih.xml

113-hr-1294

I 113th CONGRESS 1st Session H. R. 1294 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Labrador (for himself, Mr. Amodei , Mr. Gosar , Mr. McClintock , Mr. Pearce , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a program that will generate dependable economic activity for counties and local governments containing National Forest System land through a management-focused approach, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Self-Sufficient Community Lands Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. Sec. 4. Establishment of community forest demonstration areas. Sec. 5. Board of Trustees. Sec. 6. Management of community forest demonstration areas. Sec. 7. Distribution of funds from Community Forest Demonstration Area. 2. Purpose The purpose of this Act is to generate dependable economic activity for counties and local governments through sustainable forest management. 3. Definitions In this Act: (1) Board of trustees The term Board of Trustees means the Board of Trustees appointed by the Governor of a State for the community forest demonstration area established for the State. (2) Community forest demonstration area The term community forest demonstration area means a community forest demonstration area established for a State under section 4. (3) National forest system The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012). (4) Secretary The term Secretary means the Secretary of Agriculture or the designee of the Secretary of Agriculture. (5) State The term State includes the Commonwealth of Puerto Rico. 4. Establishment of community forest demonstration areas (a) Establishment required; time for establishment Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture shall establish the community forest demonstration area or areas of a State at the request of the Board of Trustees appointed to manage community forest demonstration area land in that State. (b) Covered land (1) Inclusion of national forest system land The community forest demonstration areas of a State shall consist of the National Forest System land in the State identified for inclusion by the Board of Trustees of that State. (2) Exclusion of certain land A community forest demonstration area shall not include National Forest System land— (A) that is a component of the National Wilderness Preservation System; or (B) on which the removal of vegetation is specifically prohibited by Federal law. (c) Conditions on establishment (1) Acreage requirement A community forest demonstration area must include at least 200,000 acres of National Forest System land. (2) Management law requirement A community forest demonstration area may be established in a State only if the State has a forest practices law or regulatory structure applicable to State or privately owned forest land in the State. (3) Revenue sharing requirement As a condition of the inclusion in a community forest demonstration area of National Forest System land located in a particular county in a State, the county must enter into an agreement with the Governor of the State that requires that, in utilizing revenues received by the county under section 7, the county shall continue to meet any obligations under applicable State law as provided under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7111 et seq. ) or as provided in the sixth paragraph under the heading FOREST SERVICE in the Act of May 23, 1908 (16 U.S.C. 500) and section 13 of the Act of March 1, 1911 ( 16 U.S.C. 500 ). (d) Treatment under certain other laws National Forest System land included in a community forest demonstration area shall not be considered Federal land for purposes of making payments to counties under the sixth paragraph under the heading FOREST SERVICE in the Act of May 23, 1908 ( 16 U.S.C. 500 ) and section 13 of the Act of March 1, 1911 (16 U.S.C. 500). (e) Recognition of valid and existing rights Nothing in this Act shall be construed to limit or restrict— (1) access to National Forest System land included in a community forest demonstration area for hunting, fishing, and other related purposes; or (2) valid and existing rights regarding such National Forest System land, including rights of any federally recognized Indian tribe. 5. Board of Trustees (a) Appointment A community forest demonstration area for a State shall be managed by a Board of Trustees appointed by the Governor of the State. (b) Composition The Board of Trustees for a community forest demonstration area in a State shall include, but is not limited to, the following members: (1) One member who holds county or local elected office, appointed from each county or local governmental unit in the State containing community forest demonstration area land. (2) One member who represents the commercial timber, wood products, or milling industry. (3) One member who represents persons holding Federal grazing or other land use permits. (4) One member who represents recreational users of National Forest System land. (c) Terms (1) In general Except in the case of certain initial appointments required by paragraph (2), members of a Board of Trustees shall serve for a term of three years. (2) Initial Appointments In making initial appointments to a Board of Trustees, the Governor making the appointments shall stagger terms so that at least one-third of the members will be replaced every three years. (d) Compensation Members of a Board of Trustees shall serve without pay, but may be reimbursed from the funds made available for the management of a community forest demonstration area for the actual and necessary travel and subsistence expenses incurred by members in the performance of their duties. 6. Management of community forest demonstration areas (a) Assumption of management (1) Confirmation The Board of Trustees appointed for a community forest demonstration area shall assume all management authority with regard to the community forest demonstration area as soon as the Secretary confirms that— (A) the National Forest System land to be included in the community forest demonstration area meets the requirements of subsections (b) and (c) of section 4; and (B) the Board of Trustees has been duly appointed under section 5 and is able to conduct business. (2) Scope and time for confirmation The determination of the Secretary under paragraph (1) is limited to confirming whether the conditions specified in subparagraphs (A) and (B) of such paragraph have been satisfied. The Secretary shall make the determination not later than 60 days after the date of the appointment of the Board of Trustees. (3) Effect of failure to confirm If the Secretary determines that either or both conditions specified in subparagraphs (A) and (B) of paragraph (1) are not satisfied for confirmation of a Board of Trustees, the Secretary shall— (A) promptly notify the Governor of the affected State and the Board of Trustees of the reasons preventing confirmation; and (B) make a new determination under paragraph (2) within 60 days after receiving a new request from the Board of Trustees that addresses the reasons that previously prevented confirmation. (b) Management responsibilities Upon assumption of management of a community forest demonstration area, the Board of Trustees for the community forest demonstration area shall manage the land and resources of the community forest demonstration area and the occupancy and use thereof in conformity with this Act, and to the extent not in conflict with this Act, the laws and regulations applicable to management of State forest lands in the State in which the community forest demonstration area is located. (c) Applicability of other federal laws The administration and management of a community forest demonstration area, including implementing actions, shall not be considered Federal action and shall be subject to the following only to the extent that such laws apply to the State administration and management of forest lands in the State in which the community forest demonstration area is located: (1) The Federal Water Pollution Control Act ( 33 U.S.C. 1251 note). (2) The Clean Air Act ( 42 U.S.C. 7401 et seq. ). (3) The Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (4) Federal laws and regulations governing procurement by Federal agencies. (5) Other Federal laws. (d) Consultation (1) With Indian tribes The Board of Trustees for a community forest demonstration area shall cooperate and consult with Indian tribes on management policies and practices for the community forest demonstration area that may affect the Indian tribes. The Board of Trustees may allow the use of lands within the community forest demonstration area for religious and cultural uses by Native Americans. (2) With collaborative groups The Board of Trustees for a community forest demonstration area shall consult with any applicable forest collaborative group. (e) Recreation Nothing in this section shall affect public use and recreation within a community forest demonstration area. (f) Fire management The Secretary shall provide fire presuppression, suppression, and rehabilitation services on and with respect to a community forest demonstration area to the same extent generally authorized in other units of the National Forest System. 7. Distribution of funds from Community Forest Demonstration Area (a) Retention of funds for management The Board of Trustees of a community forest demonstration area may retain such sums as the Board of Trustees considers to be necessary from amounts generated from that community forest demonstration area to fund the management, administration, restoration, operation and maintenance, improvement, repair, and related expenses incurred with respect to the community forest demonstration area. (b) Funds to counties or local governmental units Subject to subsection (a), the Board of Trustees of a community forest demonstration area in a State shall distribute funds received by the Board of Trustees under section 6 to each county or local governmental unit in the State in an amount proportional to the funds received by the county or local governmental unit under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.).

https://www.govinfo.gov/content/pkg/BILLS-113hr1294ih/xml/BILLS-113hr1294ih.xml

113-hr-1295

I 113th CONGRESS 1st Session H. R. 1295 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Maffei (for himself and Mr. Polis ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the excise tax on medical devices, and for other purposes. 1. Short title This Act may be cited as the Medical Device Tax Elimination Act . 2. Repeal of medical device excise tax (a) In general Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E. (b) Conforming amendments (1) Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (c) Clerical amendment The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E. (d) Effective date The amendments made by this section shall apply to sales after the date of the enactment of this Act. 3. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof (a) Denial of deduction Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Special rule for certain oil and gas income In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term domestic production gross receipts shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. 4. Prohibition on using last-in, first-out accounting for major integrated oil companies (a) In general Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Major integrated oil companies Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)(5)(B)) may not use the method provided in subsection (b) in inventorying of any goods. . (b) Effective date and special rule (1) In general The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2012. (2) Change in method of accounting In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after December 31, 2012— (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. 5. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to major integrated oil companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who— (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. . (b) Effective date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 2012. (2) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr1295ih/xml/BILLS-113hr1295ih.xml

113-hr-1296

I 113th CONGRESS 1st Session H. R. 1296 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Gary G. Miller of California (for himself, Mr. Costa , Mr. Denham , and Mr. Rohrabacher ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to clarify a maintenance exemption regarding the removal of sediment, debris, and vegetation from certain structures. 1. Short title This Act may be cited as the Flood Control Facility Maintenance Clarification Act . 2. Permits for dredged or fill material Section 404(f) of the Federal Water Pollution Control Act ( 42 U.S.C. 1344(f) ) is amended— (1) in paragraph (1)(B) by inserting channels, basins, after such as ; and (2) by adding at the end the following: (3) For the purposes of paragraph (1)(B), the term maintenance includes the removal of sediment, debris, and vegetation from structures described in that paragraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1296ih/xml/BILLS-113hr1296ih.xml

113-hr-1297

I 113th CONGRESS 1st Session H. R. 1297 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Owens (for himself, Mr. Courtney , and Mr. Hanna ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Consolidated Farm and Rural Development Act to expand eligibility for Farm Service Agency loans. 1. Short title This Act may be cited as the Agricultural Credit Expansion Act . 2. Eligibility for farm loans (a) Farm ownership loans Section 302(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1922(a) ) is amended— (1) by striking (a) In general.— The and inserting the following: (a) In general (1) Eligibility requirements The ; (2) in the 1st sentence, by inserting after limited liability companies the following: , and such other legal entities as the Secretary deems appropriate, ; (3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; (4) in each of the 2nd and 3rd sentences, by striking and limited liability companies each place it appears and inserting limited liability companies, and such other legal entities ; and (5) by adding at the end the following: (2) Special deeming rules (A) Eligibility of certain operating-only entities An entity that is or will become only the operator of a family farm is deemed to meet the owner-operator requirements of paragraph (1) if the individuals that are the owners of the family farm own more than 50 percent (or such other percentage as the Secretary determines is appropriate) of the entity. (B) Eligibility of certain embedded entities An entity that is an owner-operator described in paragraph (1), or an operator described in subparagraph (A) of this paragraph that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm. . (b) Conservation loans Section 304(c)(1) of such Act ( 7 U.S.C. 1924(c)(1) ) is amended by inserting after limited liability companies the following: , or such other legal entities as the Secretary deems appropriate, . (c) Farm operating loans Section 311(a) of such Act ( 7 U.S.C. 1941(a) ) is amended— (1) by striking (a) In general.— The and inserting the following: (a) In general (1) Eligibility requirements The ; (2) in the 1st sentence, by inserting after limited liability companies the following: , and such other legal entities as the Secretary deems appropriate, ; (3) in the 2nd sentence, by redesignating clauses (1) through (4) as clauses (A) through (D), respectively; (4) in each of the 2nd and 3rd sentences, by striking and limited liability companies each place it appears and inserting limited liability companies, and such other legal entities ; and (5) by adding at the end the following: (2) Special deeming rule An entity that is an operator described in paragraph (1) that is owned, in whole or in part, by other entities, is deemed to meet the direct ownership requirement imposed under paragraph (1) if at least 75 percent of the ownership interests of each embedded entity of such entity is owned directly or indirectly by the individuals that own the family farm. . (d) Emergency loans Section 321(a) of such Act ( 7 U.S.C. 1961(a) ) is amended— (1) by striking owner-operators (in the case of loans for a purpose under subtitle A) or operators (in the case of loans for a purpose under subtitle B) each place it appears and inserting (in the case of farm ownership loans in accordance with subtitle A) owner-operators or operators, or (in the case of loans for a purpose under subtitle B) operators ; (2) by inserting after limited liability companies the 1st place it appears the following: , or such other legal entities as the Secretary deems appropriate ; (3) by inserting after limited liability companies the 2nd place it appears the following: , or other legal entities ; (4) by striking and limited liability companies, and inserting limited liability companies, and such other legal entities ; (5) by striking ownership and operator and inserting ownership or operator ; and (6) by adding at the end the following: An entity that is an owner-operator or operator described in this subsection is deemed to meet the direct ownership requirement imposed under this subsection if the entity is owned, in whole or in part, by other entities and each individual that is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities. . (e) Conforming amendments (1) Section 304(c)(2) of such Act ( 7 U.S.C. 1924(c)(2) ) by striking paragraphs (1) and (2) of section 302(a) and inserting subparagraphs (A) and (B) of section 302(a)(1) . (2) Section 310D of such Act ( 7 U.S.C. 1934 ) is amended— (A) by inserting after partnership the following: , or such other legal entities as the Secretary deems appropriate, ; and (B) by inserting after partners the following: , or owners, . (3) Section 343(a)(11) of such Act ( 7 U.S.C. 1991(a)(11) ) is amended— (A) by inserting after joint operation, the 1st place it appears the following: or such other legal entity as the Secretary deems appropriate, ; (B) by striking or joint operators each place it appears and inserting joint operators, or owners ; and (C) by inserting after joint operation, each other place it appears the following: or such other legal entity, . (4) Section 359(c)(2) of such Act ( 7 U.S.C. 2006a(c)(2) ) is amended by striking section 302(a)(2) or 311(a)(2) and inserting section 302(a)(1)(B) or 311(a)(1)(B) .

https://www.govinfo.gov/content/pkg/BILLS-113hr1297ih/xml/BILLS-113hr1297ih.xml

113-hr-1298

I 113th CONGRESS 1st Session H. R. 1298 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Owens (for himself and Mr. Hanna ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Export Apple Act to permit the export of apples to Canada in bulk bins without certification by the Department of Agriculture. 1. Bulk shipments of apples to canada (a) Bulk shipment of apples to canada Section 4 of the Export Apple Act ( 7 U.S.C. 584 ) is amended— (1) by striking Apples in and inserting (a) Apples in ; and (2) by adding at the end the following new subsection: (b) Apples may be shipped to Canada in bulk bins without complying with the provisions of this Act. . (b) Definition of bulk bin Section 9 of the Export Apple Act ( 7 U.S.C. 589 ) is amended by adding at the end the following new paragraph: (5) The term bulk bin means a bin that contains a quantity of apples weighing more than 100 pounds. . (c) Regulations Not later than 60 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1298ih/xml/BILLS-113hr1298ih.xml

113-hr-1299

I 113th CONGRESS 1st Session H. R. 1299 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Pearce introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the transfer of certain public land currently administered by the Bureau of Land Management to the administrative jurisdiction of the Secretary of the Army for inclusion in White Sands Missile Range, New Mexico, and for other purposes. 1. Short title This Act may be cited as the White Sands Missile Range Security Enhancement Act . 2. Transfer of administrative jurisdiction, White Sands Missile Range, New Mexico (a) Transfer required Not later than September 30, 2014, the Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Army certain public land administered by the Bureau of Land Management in Dona Ana County, New Mexico, consisting of approximately 5,100 acres depicted as Parcel 1 on the map titled White Sands Missile Range Land Reservation and dated January 4, 2013. (b) Use of transferred land Upon the receipt of the land under subsection (a), the Secretary of the Army shall include the land as part of White Sands Missile Range, New Mexico, and authorize use of the land for military purposes. (c) Legal description (1) Preparation and publication The Secretary of the Interior shall publish in the Federal Register a legal description of the public land to be transferred under subsection (a). (2) Force of law The legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description. (d) Reimbursement of costs The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description under subsection (c). (e) Treatment of grazing leases If a grazing permit or lease exists on the date of the enactment of this Act for any portion of the public land to be transferred under subsection (a), the Secretary of the Interior shall transfer the grazing rights associated with the permit or lease to other public land, acceptable to the permit or lease holder, so that the grazing rights continue to have the same value to the holder.

https://www.govinfo.gov/content/pkg/BILLS-113hr1299ih/xml/BILLS-113hr1299ih.xml

113-hr-1300

I 113th CONGRESS 1st Session H. R. 1300 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Runyan (for himself and Mr. Sablan ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Fish and Wildlife Act of 1956 to reauthorize the volunteer programs and community partnerships for the benefit of national wildlife refuges, and for other purposes. 1. Reauthorization of National Wildlife Refuge System volunteer, community partnership, and education programs Section 7(g) of the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742f(g) ) is amended by striking 2011 through 2014 and inserting 2014 through 2018 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1300ih/xml/BILLS-113hr1300ih.xml

113-hr-1301

I 113th CONGRESS 1st Session H. R. 1301 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Ms. Schwartz (for herself, Mr. Cohen , Ms. Shea-Porter , Mr. Keating , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Appropriations , 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 Making supplemental appropriations for the National Institutes of Health for the fiscal year ending September 30, 2013, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated for the fiscal year ending September 30, 2013: Department of Health and Human Services National Institutes of Health For an additional amount for the National Institutes of Health for carrying out title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ), $3,000,000,000, to remain available until expended. General Provisions 101. Modification of class life for corporate jets (a) In general Section 168(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v)(II) and inserting , and , and by adding at the end the following new clause: (vi) any airplane (and any airframe or engine of such an airplane) other than an airplane— (I) which is used in directly carrying out activities essential to the function of a trade or business other than the commercial or contract carrying of freight or passengers, and (II) the primary use of which is not for the transportation of freight or passengers (including the pilot), other than medical or emergency transportation. . (b) Alternative depreciation system The table contained in subparagraph (C) of section 168(g)(3) of such Code is amended by inserting after the item relating to subparagraph (C)(iv) the following new item: (C)(vi) 12 . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. (2) Special rule for binding contracts (A) In general In the case of any property for which there is a qualified written binding contract in effect before the date of the enactment of this Act, the amendments made by this section shall apply to property placed in service after December 31, 2014. (B) Qualified written binding contract For purposes of subparagraph (A), the term qualified written binding contract means a written binding contract with respect to which— (i) the purchaser made a nonrefundable deposit at the time such contract was entered into in an amount equal to or greater than the lesser of— (I) 10 percent of the cost of such contract, or (II) $100,000, (ii) the estimated production period of the property under the contract exceeds 4 months, and (iii) the total cost of such property exceeds $200,000. This Act may be cited as the Inspiring Scientific Research and Innovation Supplemental Appropriations Act, 2013 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1301ih/xml/BILLS-113hr1301ih.xml

113-hr-1302

I 113th CONGRESS 1st Session H. R. 1302 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Austin Scott of Georgia introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit foreign military financing to Egypt. 1. Prohibition on foreign military financing to Egypt (a) In general Notwithstanding any other provision of law, no assistance may be provided to Egypt under section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ). (b) Effective date The prohibition described in subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to funds made available to any Federal department or agency beginning with fiscal year 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr1302ih/xml/BILLS-113hr1302ih.xml

113-hr-1303

I 113th CONGRESS 1st Session H. R. 1303 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Stivers (for himself, Ms. Fudge , Mr. Cassidy , Ms. Kaptur , Ms. Wilson of Florida , Mr. Bucshon , Mr. Gibbs , Mr. Franks of Arizona , Mr. Ben Ray Luján of New Mexico , Mr. Rodney Davis of Illinois , and Mr. Tiberi ) 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 School Nutrition Flexibility 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. . 3. Paid lunches Section 12(p) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(p) ) is amended— (1) in paragraph (2)— (A) by amending subparagraph (A) to read as follows: (A) Requirement For each school year beginning on or after July 1, 2013, each school food authority that had a negative balance of funds in the nonprofit school food service account of the school food authority for the previous school year shall establish a price for paid lunches in accordance with this subsection. ; (B) in subparagraph (B)(i), by inserting described in subparagraph (A) after authority ; and (C) in subparagraph (C)(i), by inserting described in subparagraph (A) after authority ; and (2) in paragraph (3)(A), by inserting described in paragraph (2)(A) after authority .

https://www.govinfo.gov/content/pkg/BILLS-113hr1303ih/xml/BILLS-113hr1303ih.xml

113-hr-1304

I 113th CONGRESS 1st Session H. R. 1304 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Walberg introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To permit the chief executive of a State to create an exemption from certain requirements of Federal environmental laws for producers of agricultural commodities, and for other purposes. 1. Short title This Act may be cited as the Flexibility to Farm Act . 2. Findings Congress finds the following: (1) The agricultural community of the United States serves as the economic backbone of many communities and employs millions of Americans. (2) In recent years, one-size-fits-all policies issued by the Environmental Protection Agency have increased dramatically, requiring agricultural producers to focus on regulation compliance rather than on growing the world’s healthiest, most abundant food supply. (3) Attempts by the Environmental Protection Agency to expand the definition of navigable waters under the Federal Water Pollution Control Act expand the scope of Federal jurisdiction under that Act well beyond the intent of Congress, and would eliminate a central precept of that Act, which reserves certain waters to the exclusive jurisdiction of the States. (4) The Environmental Protection Agency’s interpretation of the Spill Prevention, Control, and Countermeasure program has attempted to regulate milk in the same manner as petroleum, requiring dairy farmers to develop oil spill prevention plans and moving far beyond common sense and the intent of the law. (5) An increasing number of poultry and livestock operations have been forced to apply for permits under the National Pollutant Discharge Elimination System resulting from the Environmental Protection Agency’s expanding definition of what constitutes a discharge under the Federal Water Pollution Control Act. (6) Duplicative and costly permitting requirements under the Federal Water Pollution Control Act will require additional National Pollutant Discharge Elimination System permits for pesticide applications, subjecting pesticide users to unnecessary red tape and financial burdens while exposing them to the threat of unfounded litigation. (7) The Environmental Protection Agency has initiated a program to regulate greenhouse gases as air pollutants under the Clean Air Act, which could impose an undue burden on agricultural producers by requiring them to obtain permits to continue operations. (8) The Federal Government should not impose further rules or regulations that are overly burdensome or cause economic hardship for the agricultural community. 3. Unduly burdensome regulations exemption (a) In general If the chief executive of a State determines, in accordance with this section, that a requirement of a covered Federal environmental law, or a regulation thereunder, is unduly burdensome to persons in the State acting in their capacity as farmers, such requirement or regulation shall not apply to persons in the State acting in that capacity. (b) Procedure Before finalizing any determination under subsection (a), the chief executive of a State shall solicit and accept public comments regarding such determination for a period of not less than 90 days. (c) Definitions In this Act: (1) Covered Federal environmental law The term covered Federal environmental law means— (A) the Clean Air Act ( 42 U.S.C. 7401 et seq. ), insofar as such Act applies to emissions of air pollutants other than emissions resulting from the combustion of any fossil fuel; and (B) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (2) Farmer The term farmer means— (A) a producer, as that term is defined in— (i) section 1001 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8702 ); (ii) section 1506(a) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773(a) ); and (iii) section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a ); and (B) a producer of a specialty crop, as that term is defined in section 3 of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note; Public Law 108–465 ). (3) State The term State means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr1304ih/xml/BILLS-113hr1304ih.xml

113-hr-1305

I 113th CONGRESS 1st Session H. R. 1305 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Wenstrup introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide clarification regarding eligibility for services under the Homeless Veterans Reintegration Program. 1. Clarification of eligibility for services under the Homeless Veterans Reintegration Program Subsection (a) of section 2021 of title 38, United States Code, is amended by striking reintegration of homeless veterans into the labor force. and inserting the following: reintegration into the labor force of— (1) homeless veterans; (2) veterans participating in the Department of Veterans Affairs supported housing program for which rental assistance provided pursuant to section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ); and (3) veterans who are transitioning from being incarcerated. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1305ih/xml/BILLS-113hr1305ih.xml

113-hr-1306

I 113th CONGRESS 1st Session H. R. 1306 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the partial settlement of certain claims under the Alaska Native Claims Settlement Act. 1. Short title This Act may be cited as the Southeast Alaska Native Land Conveyance Act . 2. Definitions In this Act: (1) Maps The term maps means the maps entitled Sealaska Land Entitlement Finalization , numbered 5 and 9 of 17, and dated October 17, 2012. (2) Sealaska The term Sealaska means the Sealaska Corporation, a Regional Native Corporation established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of Alaska. 3. Southeast Alaska partial native land conveyance (a) In general Not later than 60 days after the date of enactment of this Act and subject to valid existing rights and subsection (b), the Secretary shall convey to Sealaska the 2 parcels of Federal land comprising approximately 3,380 acres, as generally depicted on the maps, in partial fulfillment of the remaining land entitlement of Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(8) ). (b) Public easements The conveyance under subsection (a) shall be subject to the condition that the Secretary identify and reserve, by the date that is 2 years after the date of enactment of this Act, public easements under section 17(b) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1616(b) ; 85 Stat. 708) with respect to the Federal land conveyed under subsection (a). (c) Treatment of land conveyed The Federal land conveyed to Sealaska under subsection (a) shall be considered to be land conveyed by the Secretary under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)).

https://www.govinfo.gov/content/pkg/BILLS-113hr1306ih/xml/BILLS-113hr1306ih.xml

113-hr-1307

I 113th CONGRESS 1st Session H. R. 1307 IN THE HOUSE OF REPRESENTATIVES March 20, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Omnibus Budget Reconciliation Act of 1993 to require the Bureau of Land Management to provide a claimant of a small miner waiver from claim maintenance fees with a period of 60 days after written receipt of 1 or more defects is provided to the claimant by registered mail to cure the 1 or more defects or pay the claim maintenance fee, and for other purposes. 1. Small miner waivers to claim maintenance fees (a) In general Section 10101(d)(3) of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f(d)(3) ) is amended by striking for any reason, the claimant shall have a period of 60 days after receipt of written notification of the defect or defects by the Bureau of Land Management to: and inserting for any reason (including the failure to timely file a small miner’s maintenance fee waiver application or an affidavit of annual labor associated with the application and required application fees), the claimant shall have a period of 60 days after receipt of written notification of the 1 or more defects provided by the Bureau of Land Management by registered mail to . (b) Transition rules The claimholder of claims numbered AA023149, AA023163, AA047913, AA047914, AA047915, AA047916, AA047917, AA047918, and AA047919 (as of December 29, 2004) shall be considered— (1) to have received a first half final certificate for application AA072648 (associated with the claims) before September 30, 1994; and (2) to qualify for relief under section 10101(d)(3) of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f(d)(3) ) and have the opportunity to cure under that section for any prior period for which 1 or more defects existed or there was a failure to pay claim maintenance fees.

https://www.govinfo.gov/content/pkg/BILLS-113hr1307ih/xml/BILLS-113hr1307ih.xml

113-hr-1308

IB Union Calendar No. 246 113th CONGRESS 2d Session H. R. 1308 [Report No. 113–330] IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Hastings of Washington (for himself, Mr. Walden , Mr. Schrader , Mr. Simpson , and Ms. Herrera Beutler ) introduced the following bill; which was referred to the Committee on Natural Resources January 23 (legislative day, January 21), 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend the Marine Mammal Protection Act of 1972 to reduce predation on endangered Columbia River salmon and other nonlisted species, and for other purposes. 1. Short title This Act may be cited as the Endangered Salmon and Fisheries Predation Prevention Act . 2. Findings The Congress finds the following: (1) There are 13 groups of salmon and steelhead that are listed as threatened species or endangered species under the Endangered Species Act of 1973 that migrate through the lower Columbia River. (2) The people of the Northwest United States are united in their desire to restore healthy salmon and steelhead runs, as they are integral to the region’s culture and economy. (3) The Columbia River treaty tribes retain important rights with respect to salmon and steelhead. (4) Federal, State, and tribal governments have spent billions of dollars to assist the recovery of Columbia River salmon and steelhead populations. (5) One of the factors impacting salmonid populations is increased predation by marine mammals, including California sea lions. (6) The population of California sea lions has increased 6-fold over the last 3 decades, and is currently greater than 250,000 animals. (7) In recent years, more than 1,000 California sea lions have been foraging in the lower 145 miles of the Columbia River up to Bonneville Dam during the peak spring salmonid run before returning to the California coast to mate. (8) The percentage of the spring salmonid run that has been eaten or killed by California sea lions at Bonneville Dam has increased 7-fold since 2002. (9) In recent years, California sea lions have with greater frequency congregated near Bonneville Dam and have entered the fish ladders. (10) These California sea lions have not been responsive to extensive hazing methods employed near Bonneville Dam to discourage this behavior. (11) The process established under the 1994 amendment to the Marine Mammal Protection Act of 1972 to address aggressive sea lion behavior is protracted and will not work in a timely enough manner to protect threatened and endangered salmonids in the near term. (12) In the interest of protecting Columbia River threatened and endangered salmonids, a temporary expedited procedure is urgently needed to allow removal of the minimum number of California sea lions as is necessary to protect the passage of threatened and endangered salmonids in the Columbia River and its tributaries. (13) On December 21, 2010, the independent Pinniped-Fishery Interaction Task Force recommended lethally removing more of the California sea lions in 2011. (14) On August 18, 2011, the States of Washington, Oregon, and Idaho applied to the National Marine Fisheries Service, under section 120(b)(1)(A) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1389(b)(1)(A) ), for the lethal removal of sea lions that the States determined are having a significant negative impact on the recovery of Columbia River and Snake River salmon and steelhead. (15) On September 12, 2011, the National Marine Fisheries Service announced it was accepting the States’ application for lethal removal of sea lions and that it would reconvene the Pinniped-Fishery Interaction Task Force to consider the States’ application. This Act will ensure the necessary authority for permits under the Marine Mammal Protection Act of 1972 to be issued in a timely fashion. (16) During a June 14, 2011, hearing, the Committee on Natural Resources of the House of Representatives received testimony from State and tribal witnesses expressing concern that significant pinniped predation of important Northwest fish resources other than salmonids is severely impacting fish stocks determined by both Federal and State fishery management agencies to be at low levels of abundance, and that this cannot be addressed by section 120 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1389 ), which as in effect before the enactment of this Act restricted control of predatory pinnipeds’ impact only with respect to endangered salmonids. 3. Taking of sea lions on the Columbia River and its tributaries to protect endangered and threatened species of salmon and other nonlisted fish species Section 120 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1389 ) is amended by striking subsection (f) and inserting the following: (f) Temporary marine mammal removal authority on the waters of the Columbia River or its tributaries (1) Removal authority Notwithstanding any other provision of this Act, the Secretary may issue a permit to an eligible entity authorizing the intentional lethal taking on the waters of the Columbia River and its tributaries of sea lions that are part of a healthy population that is not listed as an endangered species or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), to protect endangered and threatened species of salmon and other nonlisted fish species. (2) Permit process (A) In general An eligible entity may apply to the Secretary for a permit under this subsection. (B) Deadline for consideration of application The Secretary shall approve or deny an application for a permit under this subsection by not later than 30 days after receiving the application. (C) Duration of permit A permit under this subsection shall be effective for no more than one year after the date it is issued, but may be renewed by the Secretary. (3) Limitations (A) Limitation on permit authority Subject to subparagraph (B), a permit issued under this subsection shall not authorize the lethal taking of more than 10 sea lions during the duration of the permit. (B) Limitation on annual takings The cumulative number of sea lions authorized to be taken each year under all permits in effect under this subsection shall not exceed one percent of the annual potential biological removal level. (4) Delegation of permit authority Any eligible entity may delegate to any other eligible entity the authority to administer its permit authority under this subsection. (5) NEPA Section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall not apply with respect to this subsection and the issuance of any permit under this subsection during the 5-year period beginning on the date of the enactment of this subsection. (6) Suspension of permitting authority If, 5 years after enactment, the Secretary, after consulting with State and tribal fishery managers, determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation, may suspend the issuance of permits under this subsection. (7) Eligible entity defined In this subsection, the term eligible entity means each of the State of Washington, the State of Oregon, the State of Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, and the Columbia River Inter-Tribal Fish Commission . 4. Sense of Congress It is the sense of the Congress that— (1) preventing predation by sea lions, recovery of listed salmonid stocks, and preventing future listings of fish stocks in the Columbia River is a vital priority; (2) permit holders exercising lethal removal authority pursuant to the amendment made by this Act should be trained in wildlife management; and (3) the Federal Government should continue to fund lethal and nonlethal removal measures for preventing such predation. 5. Treaty rights of federally recognized Indian tribes Nothing in this Act or the amendment made by this Act shall be construed to affect or modify any treaty or other right of any federally recognized Indian tribe. January 23 (legislative day, January 21), 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

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113-hr-1309

I 113th CONGRESS 1st Session H. R. 1309 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Price of Georgia (for himself and Mr. Kind ) 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 titles XVIII and XIX of the Social Security Act to exclude pathologists from incentive payments and penalties under Medicare and Medicaid relating to the meaningful use of electronic health records. 1. Short title This Act may be cited as the Health Information Technology Reform Act . 2. Findings Congress finds the following: (1) Under the American Recovery and Reinvestment Act of 2009, physicians are eligible to receive Federal funding to promote the adoption of electronic health records if meaningful use standards are met. (2) Beginning in 2015, certain physicians who do not meet such meaningful use standards face penalties in the form of reductions in Medicare payments. (3) Pathologists and their laboratories have been on the front lines of electronic health information, utilizing computerized Laboratory Information Systems and Anatomic Pathology Information Systems to support the work of analyzing patient specimens and generating test results. These laboratory information systems exchange laboratory and pathology data with electronic health records and enterprise-wide clinical information systems. (4) Current regulations implementing electronic health record meaningful use standards largely reflect physician office-based practices and thus, are not applicable to the practice of pathology and laboratory medicine. Furthermore, since pathologists use Laboratory Information Systems and Anatomic Pathology Information Systems, maintenance of certain patient health information in a certified electronic health record is not applicable. (5) This lack of alignment between regulation and pathology practice makes it nearly impossible for pathologists to satisfy meaningful use standards, putting them at risk for payment penalties under Medicare. (6) Through their role in appropriate test selection and personalized medicine, and with access to the patient’s electronic health record, pathologists can play a key role in furthering Congress’ goals of reducing costs and improving health care quality. (7) However, imposing payment penalties on pathologists for failing to meet electronic health record meaningful use standards that do not apply to their practice and typical interaction with patients, will not help advance quality care and accountability. 3. Excluding pathologists from Medicare and Medicaid incentive payments and penalties relating to the meaningful use of electronic health records (a) Medicare (1) Exclusion from penalties Section 1848(a)(7)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(E)(iii) ) is amended by inserting , except such term does not include a pathologist, as identified by enrollment under this title with a specialty code of 22 or 69 after section 1861(r) . (2) Exclusion from incentive payments Section 1848(o)(5)(C) of such Act ( 42 U.S.C. 1395w–4(o)(5)(C) ) is amended by inserting , except such term does not include a pathologist, as identified by enrollment under this title with a specialty code of 22 or 69 after section 1861(r) . (b) Medicaid Section 1903(t)(3)(B)(i) of the Social Security Act ( 42 U.S.C. 1396b(t)(3)(B)(i) ) is amended by inserting other than a pathologist, as identified by enrollment under title XVIII with a specialty code of 22 or 69 or by the applicable equivalent State identification number for pathology or independent laboratory after physician .

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113-hr-1310

I 113th CONGRESS 1st Session H. R. 1310 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Price of Georgia (for himself, Mr. Roe of Tennessee , Mr. Tiberi , Mr. Harris , Mr. Poe of Texas , and Mr. Bonner ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to establish a Medicare payment option for patients and eligible professionals to freely contract, without penalty, for Medicare fee-for-service items and services, while allowing Medicare beneficiaries to use their Medicare benefits. 1. Short title This Act may be cited as the Medicare Patient Empowerment Act of 2013 . 2. Guaranteeing freedom of choice and contracting for patients (a) In general Section 1802 of the Social Security Act ( 42 U.S.C. 1395a ) is amended to read as follows: 1802. Freedom of choice and contracting by patient guaranteed (a) Basic freedom of choice Any individual entitled to insurance benefits under this title may obtain health services from any institution, agency, or person qualified to participate under this title if such institution, agency, or person undertakes to provide that individual such services. (b) Freedom to contract by Medicare beneficiaries (1) In general Subject to the provisions of this subsection, nothing in this title shall prohibit a Medicare beneficiary from entering into a contract with an eligible professional for any item or service covered under this title. (2) Submission of claims Any Medicare beneficiary that enters into a contract under this section shall be permitted to submit a claim for payment under this title, and such payment shall be made in the amount that would otherwise apply under this title if such claim had been filed by a participating physician or supplier (as defined in section 1842(h)(1)) in the payment area where the eligible professional covered by the contract resides. Payment made under this title for any item or service provided under the contract shall not render the eligible professional a participating or non-participating physician or supplier, and as such, requirements of this title that may otherwise apply to a participating or non-participating physician or supplier would not apply with respect to any items or services furnished under the contract. (3) Beneficiary protections (A) In general Paragraph (1) shall not apply to any contract unless— (i) the contract is in writing, is signed by the Medicare beneficiary and the eligible professional, and establishes all terms of the contract (including specific payment for items and services covered by the contract) before any item or service is provided pursuant to the contract, and the beneficiary shall be held harmless for any subsequent payment charged for a service in excess of the amount established under the contract during the period the contract is in effect; (ii) the contract contains the items described in subparagraph (B); and (iii) the contract is not entered into at a time when the Medicare beneficiary is facing an emergency medical condition or urgent health care situation. (B) Items required to be included in contract Any contract to provide items and services to which paragraph (1) applies shall clearly indicate to the Medicare beneficiary that by signing such contract the beneficiary— (i) agrees to be responsible for payment to such eligible professional for such items or services under the terms of and amounts established under the contract; (ii) agrees to be responsible for submitting claims under this title to the Secretary, and to any other supplemental insurance plan that may provide supplemental insurance, for such items or services furnished under the contract if such items or services are covered by this title, unless otherwise provided in the contract under subparagraph (C)(i); and (iii) acknowledges that no limits or other payment incentives that may otherwise apply under this title (such as the limits under subsection (g) of section 1848 or incentives under subsection (a)(5), (m), (q), and (p) of such section) shall apply to amounts that may be charged, or paid to a beneficiary for, such items or services. Such contract shall also clearly indicate whether the eligible professional is excluded from participation under the Medicare program under section 1128. (C) Beneficiary elections under the contract Any Medicare beneficiary that enters into a contract under this section may elect to negotiate, as a term of the contract, a provision under which— (i) the eligible professional shall file claims on behalf of the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract if such items or services are covered under this title or under the plan; and (ii) the beneficiary assigns payment to the eligible professional for any claims filed by, or on behalf of, the beneficiary with the Secretary and any supplemental insurance plan for items or services furnished under the contract. (D) Exclusion of dual eligible individuals Paragraph (1) shall not apply to any contract if a beneficiary who is eligible for medical assistance under title XIX is a party to the contract. (4) Limitation on actual charge and claim submission requirement not applicable Section 1848(g) shall not apply with respect to any item or service provided to a Medicare beneficiary under a contract described in paragraph (1). (5) Construction Nothing in this section shall be construed to prohibit any eligible professional from maintaining an election and acting as a participating or non-participating physician or supplier with respect to any patient not covered under a contract established under this section. (6) Definitions In this subsection: (A) Medicare beneficiary The term Medicare beneficiary means an individual who is entitled to benefits under part A or enrolled under part B. (B) Eligible professional The term eligible professional has the meaning given such term in section 1848(k)(3)(B). (C) Emergency medical condition The term emergency medical condition means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, with an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in— (i) serious jeopardy to the health of the individual or, in the case of a pregnant woman, the health of the woman or her unborn child; (ii) serious impairment to bodily functions; or (iii) serious dysfunction of any bodily organ or part. (D) Urgent health care situation The term urgent health care situation means services furnished to an individual who requires services to be furnished within 12 hours in order to avoid the likely onset of an emergency medical condition. . 3. Preemption of State laws limiting charges for services by an eligible professional (a) In general No State may impose a limit on the amount of charges for services, furnished by an eligible professional, for which payment is made under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ), and any such limit is hereby preempted. (b) State In this section, the term State includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.

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113-hr-1311

I 113th CONGRESS 1st Session H. R. 1311 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Pittenger introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit certain grants under the Child Abuse Prevention and Treatment Act to States that do not provide for certain minimal terms of imprisonment for certain child abusers, and for other purposes. 1. Short title This Act may be cited as the Kilah Davenport Child Protection Act of 2013 . 2. In general The Secretary of Health and Human Services may not make a grant under section 106 or under title II of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq. ) to a State until the date on which that State’s laws provide for a criminal punishment including a term of imprisonment of not less than 3,800 days for any individual who— (1) is a parent or any other individual providing care to or supervision of a child of less than 16 years of age; and (2) intentionally— (A) inflicts any serious bodily injury (as such term is defined in section 1365(h)(3) of title 18, United States Code) on that child; or (B) commits an assault upon that child which results in— (i) any serious bodily injury (as such term is defined in section 1365(h)(3) of title 18, United States Code) to the child; or (ii) permanent or protracted loss or impairment of any mental or emotional function of the child. 3. Expansion of predicate for increased penalties for certain domestic assaults Section 117(a)(1) of title 18, United States Code, is amended by inserting , or against the child of or in the care of the person committing the domestic assault after intimate partner . 4. Effective date (a) In general The provisions of this Act, except as otherwise provided in subsection (b), shall take effect beginning on the date of enactment of this Act. (b) Exception Section 2 of this Act shall take effect beginning on the date that is 2 years after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1311ih/xml/BILLS-113hr1311ih.xml

113-hr-1312

I 113th CONGRESS 1st Session H. R. 1312 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Chaffetz (for himself, Mr. Chabot , Mr. Farr , Mr. DeFazio , Ms. Pingree of Maine , Mr. Polis , Mr. Poe of Texas , Ms. Lofgren , Mr. Sensenbrenner , Mr. Conyers , and Mr. Welch ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information and for other purposes. 1. Short titles This Act may be cited as the Geolocational Privacy and Surveillance Act or the GPS Act . 2. Protection of geolocation information (a) In general Part 1 of title 18, United States Code, is amended by inserting after chapter 119 the following: 120 Geolocation information Sec. 2601. Definitions. 2602. Interception and disclosure of geolocation information. 2603. Prohibition of use as evidence of acquired geolocation information. 2604. Emergency situation exception. 2605. Recovery of civil damages authorized. 2601. Definitions In this chapter: (1) Electronic communication service The term electronic communication service has the meaning given that term in section 2510. (2) Electronic surveillance The term electronic surveillance has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (3) Geolocation information The term geolocation information means, with respect to a person, any information that is not the content of a communication, concerning the location of a wireless communication device or tracking device (as that term is defined section 3117) that, in whole or in part, is generated by or derived from the operation of that device and that could be used to determine or infer information regarding the location of the person. (4) Geolocation information service The term geolocation information service means the provision of a global positioning service or other mapping, locational, or directional information service to the public, or to such class of users as to be effectively available to the public, by or through the operation of any wireless communication device, including any mobile telephone, global positioning system receiving device, mobile computer, or other similar or successor device. (5) Intercept The term intercept means the acquisition of geolocation information through the use of any electronic, mechanical, or other device. (6) Investigative or law enforcement officer The term investigative or law enforcement officer means any officer of the United States or of a State or political subdivision thereof, who is empowered by law to conduct investigations of, or to make arrests for, offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses. (7) Person The term person means any employee or agent of the United States, or any State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. (8) Remote computing service The term remote computing service has the meaning given that term in section 2711. (9) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (10) Wireless communication device The term wireless communication device means any device that enables access to, or use of, an electronic communication system or service, remote computing service, or geolocation information service, if that device utilizes a radio or other wireless connection to access such system or service. (11) Covered service The term covered services means electronic communication service, remote computing service, or of geolocation information service. 2602. Interception and disclosure of geolocation information (a) In general (1) Prohibition on disclosure or use Except as otherwise specifically provided in this chapter, it shall be unlawful for any person to— (A) intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, geolocation information pertaining to another person; (B) intentionally disclose, or endeavor to disclose, to any other person geolocation information pertaining to another person, knowing or having reason to know that the information was obtained through the interception of such information in violation of this paragraph; (C) intentionally use, or endeavor to use, any geolocation information, knowing or having reason to know that the information was obtained through the interception of such information in violation of this paragraph; or (D) (i) intentionally disclose, or endeavor to disclose, to any other person the geolocation information pertaining to another person intercepted by means authorized by subsections (b) through (h), except as provided in such subsections; (ii) knowing or having reason to know that the information was obtained through the interception of such information in connection with a criminal investigation; (iii) having obtained or received the information in connection with a criminal investigation; and (iv) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned not more than five years, or both. (b) Exception for information acquired in the normal course of business It shall not be unlawful under this chapter for an officer, employee, or agent of a provider of covered services, whose facilities are used in the transmission of geolocation information, to intercept, disclose, or use that information in the normal course of the officer, employee, or agent's employment while engaged in any activity which is a necessary incident to the rendition of service or to the protection of the rights or property of the provider of that service, except that a provider of a geolocation information service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks. (c) Exception for conducting foreign intelligence surveillance Notwithstanding any other provision of this chapter, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of the official duty of the officer, employee, or agent to conduct electronic surveillance, as authorized by the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). (d) Exception for consent (1) In general It shall not be unlawful under this chapter for a person to intercept geolocation information pertaining to another person if such other person has given prior consent to such interception unless such information is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State. (2) Children The exception in paragraph (1) permits a parent or legal guardian of a child to intercept geolocation information pertaining to that child or to give consent for another person to intercept such information. (e) Exception for public information It shall not be unlawful under this chapter for any person to intercept or access geolocation information relating to another person through any system that is configured so that such information is readily accessible to the general public. (f) Exception for emergency information It shall not be unlawful under this chapter for any investigative or law enforcement officer or other emergency responder to intercept or access geolocation information relating to a person if such information is used— (1) to respond to a request made by such person for assistance; or (2) in circumstances in which it is reasonable to believe that the life or safety of the person is threatened, to assist the person. (g) Exception for theft or fraud It shall not be unlawful under this chapter for a person acting under color of law to intercept geolocation information pertaining to the location of another person who has unlawfully taken the device sending the geolocation information if— (1) the owner or operator of such device authorizes the interception of the person's geolocation information; (2) the person acting under color of law is lawfully engaged in an investigation; and (3) the person acting under color of law has reasonable grounds to believe that the geolocation information of the other person will be relevant to the investigation. (h) Exception for warrant (1) Definitions In this subsection: (A) Court of competent jurisdiction The term court of competent jurisdiction includes— (i) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (I) has jurisdiction over the offense being investigated; (II) is in or for a district in which the provider of a geolocation information service is located or in which the geolocation information is stored; or (III) is acting on a request for foreign assistance pursuant to section 3512 of this title; or (ii) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants. (B) Governmental entity The term governmental entity means a department or agency of the United States or any State or political subdivision thereof. (2) Warrant A governmental entity may intercept geolocation information or require the disclosure by a provider of covered services of ge­o­lo­ca­tion information only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). (i) Prohibition on divulging geolocation information (1) In general Except as provided in paragraph (2), a person providing covered services shall not intentionally divulge geolocation information pertaining to another person. (2) Exceptions A person providing covered services may divulge geolocation information— (A) as otherwise authorized in subsections (b) through (h); (B) with the lawful consent of such other person; (C) to another person employed or authorized, or whose facilities are used, to forward such geolocation information to its destination; or (D) which was inadvertently obtained by the service provider and which appears to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency. 2603. Prohibition of use as evidence of acquired geolocation information Whenever any geolocation information has been acquired, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter. 2604. Emergency situation exception (a) Emergency situation exception Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may intercept geolocation information if— (1) such officer reasonably determines that an emergency situation exists that— (A) involves— (i) immediate danger of death or serious physical injury to any person; (ii) conspiratorial activities threatening the national security interest; or (iii) conspiratorial activities characteristic of organized crime; and (B) requires geolocation information be intercepted before an order authorizing such interception can, with due diligence, be obtained; (2) there are grounds upon which an order could be entered to authorize such interception; and (3) an application for an order approving such interception is made within 48 hours after the interception has occurred or begins to occur. (b) Failure To obtain court order (1) Termination of acquisition In the absence of an order, an interception of geolocation information carried out under subsection (a) shall immediately terminate when the information sought is obtained or when the application for the order is denied, whichever is earlier. (2) Prohibition on use as evidence In the event such application for approval is denied, the geolocation information shall be treated as having been obtained in violation of this chapter and an inventory shall be served on the person named in the application. 2605. Recovery of civil damages authorized (a) In general Any person whose geolocation information is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person, other than the United States, which engaged in that violation such relief as may be appropriate. (b) Relief In an action under this section, appropriate relief includes— (1) such preliminary and other equitable or declaratory relief as may be appropriate; (2) damages under subsection (c) and punitive damages in appropriate cases; and (3) a reasonable attorney's fee and other litigation costs reasonably incurred. (c) Computation of damages The court may assess as damages under this section whichever is the greater of— (1) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or (2) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000. (d) Defense It is a complete defense against any civil or criminal action brought against an individual for conduct in violation of this chapter if such individual acted in a good faith reliance on— (1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; (2) a request of an investigative or law enforcement officer under section 2604; or (3) a good-faith determination that an exception under section 2602 permitted the conduct complained of. (e) Limitation A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation. (f) Administrative discipline If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, such head shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination. (g) Improper disclosure is violation Any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by this chapter is a violation of this chapter for purposes of this section. . (b) Clerical amendment The table of chapters for part 1 of title 18, United States Code, is amended by inserting after the item relating to chapter 119 the following: 120. Geolocation information 2601 . (c) Conforming amendments Section 3512(a) of title 18, United States Code, is amended— (1) in paragraph (2)— (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and (B) by inserting after subparagraph (A) the following: (B) a warrant or order for geolocation information or records related thereto, as provided under section 2602 of this title; . 3. Requirement for search warrants to acquire geolocation information Rule 41(a) of the Federal Rules of Criminal Procedure is amended— (1) in paragraph (2)(A), by striking the period at the end and inserting a comma and including geolocation information. ; and (2) by adding at the end the following: (F) Geolocation information has the meaning given that term in section 2601 of title 18, United States Code. . 4. Fraud and related activity in connection with obtaining geolocation information (a) Criminal violation Section 1039(h) of title 18, United States Code, is amended— (1) in paragraph (2)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting a semicolon and and ; and (C) by adding at the end the following new subparagraph: (C) includes any geolocation information service. ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) Geolocation information service The term geolocation information service has the meaning given that term in section 2601. . (b) Conforming amendments (1) Definition amendments Section 1039(h)(1) of title 18, United States Code, is amended— (A) in the paragraph heading, by inserting or GPS after phone ; and (B) in the matter preceding subparagraph (A), by inserting or GPS after phone . (2) Conforming amendments Section 1039 of title 18, United States Code, is amended— (A) in the section heading by inserting or GPS after phone ; (B) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting or GPS after phone ; and (ii) in paragraph (4), by inserting or GPS after phone ; (C) in subsection (b)— (i) in the subsection heading, by inserting or GPS after phone ; (ii) in paragraph (1), by inserting or GPS after phone both places that term appears; and (iii) in paragraph (2), by inserting or GPS after phone ; and (D) in subsection (c)— (i) in the subsection heading, by inserting or GPS after phone ; (ii) in paragraph (1), by inserting or GPS after phone both places that term appears; and (iii) in paragraph (2), by inserting or GPS after phone . (3) Chapter analysis The table of sections for chapter 47 of title 18, United States Code, is amended by striking the item relating to section 1039 and inserting the following: 1039. Fraud and related activity in connection with obtaining confidential phone or GPS records information of a covered entity. . (c) Sentencing guidelines (1) Review and Amendment Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 1039 of title 18, United States Code, as amended by this section. (2) Authorization The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 note) as though the authority under that section had not expired. 5. Statement of exclusive means of acquiring geolocation information (a) In general No person may acquire the geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued pursuant to rule 41 of the Federal Rules of Criminal Procedure, as amended by section 3, or the amendments made by this Act, or the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (b) Geolocation information defined In this section, the term geolocation information has the meaning given that term in section 2601 of title 18, United States Code, as amended by section 2.

https://www.govinfo.gov/content/pkg/BILLS-113hr1312ih/xml/BILLS-113hr1312ih.xml

113-hr-1313

I 113th CONGRESS 1st Session H. R. 1313 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mrs. Hartzler (for herself, Ms. Roybal-Allard , Mr. Farr , Ms. Pingree of Maine , Mr. Huizenga of Michigan , Mr. McIntyre , Mr. Wittman , Ms. Tsongas , Mr. Huelskamp , Mrs. Ellmers , Mr. Kingston , Mr. Benishek , Mr. Scott of Virginia , Mr. Webster of Florida , Mrs. Blackburn , Ms. Kuster , Ms. Brown of Florida , Mr. Westmoreland , Mr. Keating , Mrs. Negrete McLeod , Mr. Collins of New York , Mr. Thompson of Pennsylvania , Mr. Dingell , Mr. Ribble , Mr. King of Iowa , and Mr. Roskam ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food, Conservation, and Energy Act to repeal a duplicative program relating to inspection and grading of catfish. 1. Repeal of duplicative catfish inspection program (a) In general Effective on the date of the enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.), section 11016 of such Act ( Public Law 110–246 ; 122 Stat. 2130) and the amendments made by such section are repealed. (b) Application The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) and the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) shall be applied and administered as if section 11016 (Public Law 110–246; 122 Stat. 2130) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.) and the amendments made by such section had not been enacted.

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113-hr-1314

I 113th CONGRESS 1st Session H. R. 1314 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Flores (for himself, Mr. Carter , Mr. Conaway , Mr. Thornberry , and Mr. Pearce ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Endangered Species Act of 1973 to establish a procedure for approval of certain settlements. 1. Definitions Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended— (1) by redesignating— (A) paragraphs (1) through (4) as paragraphs (2) through (5), respectively; (B) paragraphs (5) through (10) as paragraphs (7) through (12), respectively; and (C) paragraphs (12) through (21) as paragraphs (13) through (22), respectively; (2) by adding before paragraph (2) (as so redesignated) the following: (1) Affected parties The term affected party means any person, including a business entity, or any State, tribal government, or local subdivision the rights of which may be affected by a determination made under section 4(a) in a suit brought under section 11(g)(1)(C). ; and (3) by adding after paragraph (5) (as so redesignated) the following: (6) Covered settlement The term covered settlement means a consent decree or a settlement agreement in an action brought under section 11(g)(1)(C). . 2. Intervention; approval of covered settlement Section 11(g) of the Endangered Species Act of 1973 (16 U.S.C. 1540) is amended— (1) in paragraph (3), by adding at the end the following: (C) Publishing complaint; intervention (i) Publishing complaint (I) In general Not later than 30 days after the date on which the plaintiff serves the defendant with the complaint in an action brought under paragraph (1)(C) in accordance with Rule 4 of the Federal Rules of Civil Procedure, the Secretary of the Interior shall publish the complaint in a readily accessible manner, including electronically. (II) Failure to meet deadline The failure of the Secretary to meet the 30-day deadline described in subclause (I) shall not be the basis for an action under paragraph (1)(C). (ii) Motion to intervene (I) In general After the end of the 30-day period described in clause (i), each affected party shall be given a reasonable opportunity to move to intervene in the action described in clause (i), until the end of which a party may not file a motion for a consent decree or to dismiss the case pursuant to a settlement agreement. (II) Rebuttable presumption In considering a motion to intervene by any affected party, the court shall presume, subject to rebuttal, that the interests of that party would not be represented adequately by the parties to the action described in clause (i). (iii) Referral to alternative dispute resolution If the court grants a motion to intervene in the action, the court shall refer the action to facilitate settlement discussions to— (I) the mediation program of the court; or (II) a magistrate judge. (iv) Parties included in settlement discussions The settlement discussions described in clause (i) shall include each plaintiff, defendant agency, and intervenor. ; (2) by striking paragraph (4) and inserting the following: (4) Litigation costs (A) In general Except as provided in subparagraph (B), the court, in issuing any final order in any suit brought under paragraph (1), may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (B) Covered settlement (i) Consent decrees The court shall not award costs of litigation in any proposed covered settlement that is a consent decree. (ii) Other covered settlements (I) In general For a proposed covered settlement other than a consent decree, the court shall ensure that the covered settlement does not include payment to any plaintiff for the costs of litigation. (II) Motions The court shall not grant any motion, including a motion to dismiss, based on the proposed covered settlement described in subclause (I) if the covered settlement includes payment to any plaintiff for the costs of litigation. ; and (3) by adding at the end the following: (6) Approval of covered settlement (A) Definition of species In this paragraph, the term species means a species that is the subject of an action brought under paragraph (1)(C). (B) In general (i) Consent decrees The court shall not approve a proposed covered settlement that is a consent decree unless each State and county in which the Secretary of the Interior believes a species occurs approves the covered settlement. (ii) Other covered settlements (I) In general For a proposed covered settlement other than a consent decree, the court shall ensure that the covered settlement is approved by each State and county in which the Secretary of the Interior believes a species occurs. (II) Motions The court shall not grant any motion, including a motion to dismiss, based on the proposed covered settlement described in subclause (I) unless the covered settlement is approved by each State and county in which the Secretary of the Interior believes a species occurs. (C) Notice (i) In general The Secretary of the Interior shall provide each State and county in which the Secretary of the Interior believes a species occurs notice of a proposed covered settlement. (ii) Determination of relevant States and counties The defendant in a covered settlement shall consult with each State described in clause (i) to determine each county in which the Secretary of the Interior believes a species occurs. (D) Failure to respond The court may approve a covered settlement or grant a motion described in subparagraph (B)(ii)(II) if, not later than 45 days after the date on which a State or county is notified under subparagraph (C)— (i) (I) a State or county fails to respond; and (II) of the States or counties that respond, each State or county approves the covered settlement; or (ii) all of the States and counties fail to respond. (E) Proof of approval The defendant in a covered settlement shall prove any State or county approval described in this paragraph in a form— (i) acceptable to the State or county, as applicable; and (ii) signed by the State or county official authorized to approve the covered settlement. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1314ih/xml/BILLS-113hr1314ih.xml

113-hr-1315

I 113th CONGRESS 1st Session H. R. 1315 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Foxx (for herself and Mr. Young of Florida ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Trade Commission to revise the regulations regarding the Do-not-call registry to prohibit politically-oriented recorded message telephone calls to telephone numbers listed on that registry. 1. Short title This Act may be cited as the Robo Calls Off Phones Act or the Robo COP Act . 2. Politically-oriented recorded message phone calls prohibited (a) Prohibited Notwithstanding any other provision of law, the Federal Trade Commission shall, not later than 180 days after the date of enactment of this Act, revise the do-not-call registry provisions of the Telemarketing Sales Rule (16 C.F.R. 310.1 et seq.) to prohibit politically-oriented recorded message telephone calls to telephone numbers listed on that registry. (b) Definition of politically-Oriented recorded message calls For purposes of this section, the term politically-oriented recorded message telephone call means any outbound telephone call— (1) in which a person is not available to speak with the person answering the call, and the call instead plays a recorded message; and (2) (A) the purpose of which is to promote, advertise, campaign, or solicit donations, for or against any political candidate or regarding any political issue; or (B) uses in the recorded message any political candidate’s name.

https://www.govinfo.gov/content/pkg/BILLS-113hr1315ih/xml/BILLS-113hr1315ih.xml

113-hr-1316

I 113th CONGRESS 1st Session H. R. 1316 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Flores introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to specify the responsibilities of the Directors and Assistant Directors of Veterans’ Employment and Training. 1. Responsibilities of the Directors of Veterans’ Employment and Training Section 4103 of title 38, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection (b): (b) Responsibilities Each Director and Assistant Director assigned to a State under subsection (a) shall carry out the following responsibilities: (1) Monitoring the performance of veterans’ training and employment programs in the State, with special emphasis on services to disabled veterans. (2) Monitoring the performance of the State workforce agency in complying with section 4212 of this title. (3) Suggesting to the Assistant Secretary of Labor for Veterans’ Employment and Training corrective actions that could be taken by the State workforce agency to address deficiencies in the performance of veterans’ training and employment programs in the State. (4) Annually negotiating with the State workforce agency to establish performance goals for veterans’ training and employment programs in the State. (5) Reviewing the State’s requests for funding for veterans’ training and employment programs and providing advice to the State workforce agency and the Assistant Secretary regarding such funding requests. (6) Conducting outreach to inform employers in the State regarding their rights and responsibilities under chapter 43 of this title and of veterans preferences and Federal contractors’ and subcontractors’ affirmative action programs to hire veterans. (7) Managing programs to administer and investigate chapter 43 of this title, veterans preferences under Federal and State laws, and federal contractors’ and subcontractors’ affirmative action programs to hire veterans. (8) Forwarding complaints regarding possible violations of chapter 43 of this title to the appropriate Regional Administrator or to the to the Assistant Secretary, as required. (9) Other duties as assigned by the Assistant Secretary as directed. (10) Carrying out grant officer technical representative responsibilities for grants issued under programs administered by the Department. (11) Providing advice to the State workforce agency on strategies to market veterans to employers. (12) Supervising and managing all support staff, including Assistant Directors, establishing workload priorities, managing all personnel actions, and evaluating all assigned personnel. (13) Submitting to the Assistant Secretary regular reports on the matters described in paragraphs (1), (2), (4), and (10), and any other matters the Director or Assistant Secretary determine appropriate. (14) Performing such other related duties as directed by the Assistant Secretary. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1316ih/xml/BILLS-113hr1316ih.xml

113-hr-1317

I 113th CONGRESS 1st Session H. R. 1317 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Latham (for himself, Mrs. McCarthy of New York , Mr. Payne , Mr. Carter , Mr. Capuano , Ms. Schwartz , Ms. Titus , and Mr. McKinley ) 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 allow a credit against income tax for the purchase of hearing aids. 1. Short title This Act may be cited as the Hearing Aid Assistance Tax Credit Act 2013 . 2. Credit for hearing aids for seniors and dependents (a) In general 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. Credit for hearing aids (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the amount paid during the taxable year, not compensated by insurance or otherwise, by the taxpayer for the purchase of any qualified hearing aid. (b) Qualified hearing aid For purposes of this section, the term qualified hearing aid means a hearing aid— (1) which is described in sections 874.3300 or 874.3305 of title 21, Code of Federal Regulations, and is authorized under the Federal Food, Drug, and Cosmetic Act for commercial distribution, and (2) which is intended for use— (A) by the taxpayer (or the spouse of the taxpayer in the case of a joint return), or (B) by an individual with respect to whom the taxpayer, for the taxable year, is allowed a deduction under section 151(c) (relating to deduction for personal exemptions for dependents). (c) Limitations (1) Maximum amount The amount allowed as a credit under subsection (a) shall not exceed $500 per qualified hearing aid. (2) Limitation based on modified gross income (A) In general In the case of a taxpayer whose modified adjusted gross income exceeds $200,000 for any taxable year, the amount allowed as a credit under subsection (a) for such taxable year shall be zero. (B) Modified adjusted gross income For purposes of this paragraph, the term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under sections 911, 931, or 933. (d) Election once every 5 years This section shall apply with respect to any individual for any taxable year only if there is an election in effect with respect to such individual (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. An election to have this section apply with respect to any eligible individual may not be made for any taxable year if such an election is in effect with respect to such individual for any of the 4 taxable years preceding such taxable year. (e) Denial of double benefit No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. . (b) 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 the item relating to section 25D the following new item: Sec. 25E. Credit for hearing aids. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr1317ih/xml/BILLS-113hr1317ih.xml

113-hr-1318

I 113th CONGRESS 1st Session H. R. 1318 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Scott of Virginia (for himself, Mr. Jones , Mr. Conyers , Mr. Thompson of California , Mr. Carney , Mr. Kildee , Mr. Cárdenas , Ms. Moore , Mr. Lewis , Mr. Moran , Mr. Danny K. Davis of Illinois , Ms. Clarke , Mr. Connolly , Mr. Rush , Ms. Bass , Mr. Al Green of Texas , Ms. Norton , Mr. Larson of Connecticut , Mr. Ellison , Ms. Fudge , Mr. Rangel , Ms. Hahn , Mr. Butterfield , Mr. Payne , Mr. McGovern , Mr. Cohen , Mr. Peters of Michigan , Mr. Nadler , Ms. Wasserman Schultz , Ms. Bonamici , Ms. Tsongas , Ms. Wilson of Florida , Ms. Brown of Florida , Mr. Brady of Pennsylvania , Ms. Waters , Mr. Grijalva , Mr. Vargas , Ms. Edwards , Mr. Meeks , Mrs. Christensen , Mr. Sires , Mr. Hastings of Florida , Ms. Lee of California , Mr. Kennedy , Mr. Richmond , Mr. Lowenthal , Ms. Chu , Ms. Eddie Bernice Johnson of Texas , Mr. Bishop of Georgia , Mr. Johnson of Georgia , Ms. Bordallo , Ms. DeLauro , Mr. Watt , and Mrs. Beatty ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to help build individual, family, and community strength and resiliency to ensure that youth lead productive, safe, healthy, gang-free, and law-abiding lives. 1. Short title This Act may be cited as the Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act or the Youth PROMISE Act . 2. Table of contents The table of contents for this Act are as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Findings. Title I—FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE JUSTICE INFORMATION AND EFFORTS Sec. 101. PROMISE Advisory Panel. Sec. 102. Geographic assessment of resource allocation. Title II—PROMISE GRANTS Sec. 201. Purposes. Subtitle A—PROMISE Assessment and Planning Grants Sec. 202. PROMISE Assessment and Planning grants authorized. Sec. 203. PROMISE Coordinating Councils. Sec. 204. Needs and strengths assessment. Sec. 205. PROMISE Plan components. Sec. 206. Authorization of appropriations. Subtitle B—PROMISE Implementation Grants Sec. 211. PROMISE Implementation grants authorized. Sec. 212. PROMISE Implementation grant application requirements. Sec. 213. Grant award guidelines. Sec. 214. Reports. Sec. 215. Authorization of appropriations. Subtitle C—General PROMISE Grant Provisions Sec. 221. Nonsupplanting clause. Sec. 222. Grant application review panel. Sec. 223. Evaluation of PROMISE grant programs. Title III—PROMISE RESEARCH CENTERS Sec. 301. Establishment of the National Research Center for Proven Juvenile Justice Practices. Sec. 302. Grants for regional research proven practices partnerships. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Office of Juvenile Justice and Delinquency Prevention. (2) Community The term community means a unit of local government or an Indian tribe, or part of such a unit or tribe, as determined by such a unit or tribe for the purpose of applying for a grant under this Act. (3) Designated geographic area The term designated geographic area means a 5-digit postal ZIP Code assigned to a geographic area by the United States Postal Service. (4) Evidence-based (A) In general The term evidence-based , when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention, means a practice (including a service, program, activity, intervention, technology, or strategy) for which the Administrator has determined— (i) causal evidence documents a relationship between the practice and its intended outcome, based on measures of the direction and size of a change, and the extent to which a change may be attributed to the practice; and (ii) the use of scientific methods rules out, to the extent possible, alternative explanations for the documented change. (B) Scientific methods For the purposes of subparagraph (A) , the term scientific methods means— (i) evaluation by an experimental trial, in which participants are randomly assigned to participate in the practice that is subject to such trial; or (ii) evaluation by a quasi-experimental trial, in which the outcomes for participants are compared with outcomes for a control group that is made up of individuals who are similar to such participants. (5) Intervention The term intervention means the provision of programs and services that are supported by research, are evidence-based or promising practices, and are provided to youth who are involved in, or who are identified by evidence-based risk assessment methods as being at high risk of continued involvement in, juvenile delinquency or criminal street gangs, as a result of indications that demonstrate involvement with problems such as truancy, substance abuse, mental health treatment needs, or siblings who have had involvement with juvenile or criminal justice systems. (6) Juvenile delinquency and criminal street gang activity prevention The term juvenile delinquency and criminal street gang activity prevention means the provision of programs and resources to children and families who have not yet had substantial contact with criminal justice or juvenile justice systems, that— (A) are designed to reduce potential juvenile delinquency and criminal street gang activity risks; and (B) are evidence-based or promising educational, health, mental health, school-based, community-based, faith-based, parenting, job training, social opportunities and experiences, or other programs, for youth and their families, that have been demonstrated to be effective in reducing juvenile delinquency and criminal street gang activity risks. (7) Promising The term promising , when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention, means a practice (including a service, program, activity, intervention, technology, or strategy) that, based on statistical analyses or a theory of change, the Administrator has determined— (A) has outcomes from an evaluation that demonstrate such practice reduces juvenile delinquency and criminal street gang activity; and (B) is part of a study being conducted to determine if such a practice is evidence-based. (8) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, and any other territories or possessions of the United States. (9) Theory of change The term theory of change means a program planning strategy approved by the Administrator that outlines the types of interventions and outcomes essential to achieving a set of program goals. (10) Youth The term youth means— (A) an individual who is 18 years of age or younger; or (B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger. 4. Findings The Congress finds as follows: (1) Youth gang crime has taken a toll on a number of urban communities, and senseless acts of gang-related violence have imposed economic, social, and human costs. (2) Drug- and alcohol-dependent youth, and youth dually diagnosed with addiction and mental health disorders, are more likely to become involved with the juvenile justice system than youth without such risk factors, absent appropriate prevention and intervention services. (3) Children of color are over-represented relative to the general population at every stage of the juvenile justice system. Black youth are 17 percent of the United States population, but represent 38 percent of youth in secure placement juvenile facilities, and 58 percent of youth incarcerated in adult prisons. (4) Research funded by the Department of Justice indicates that gang-membership is short-lived among adolescents. With very few youth remaining gang-involved throughout their adolescent years, ongoing opportunities for intervention exist. (5) Criminal justice costs have become burdensome in many States and cities, requiring reductions in vital educational, social, welfare, mental health, and related services. (6) Direct expenditures for each of the major criminal justice functions, police, corrections, and judicial services, have increased steadily over the last 25 years. In fiscal year 2009, Federal, State, and local governments spent an estimated $258,000,000,000 for police protection, corrections, and judicial and legal services, nearly a 207 percent increase since 1982. (7) In 2009, State governments spent $5.7 billion dollars to incarcerate youth. The average annual cost to incarcerate one youth is $88,000. (8) Coordinated efforts of stakeholders in the juvenile justice system in a local community, together with other organizations and community members concerned with the safety and welfare of children, have a strong record of demonstrated success in reducing the impact of youth and gang-related crime and violence, as demonstrated in Boston, Massachusetts, Chicago, Illinois, Richmond, Virginia, Los Angeles, California, and other communities. (9) Investment in prevention and intervention programs for children and youth, including quality early childhood programs, comprehensive evidence-based school, after school, and summer school programs, mentoring programs, mental health and treatment programs, evidence-based job training programs, and alternative intervention programs, has been shown to lead to decreased youth arrests, decreased delinquency, lower recidivism, and greater financial savings from an educational, economic, social, and criminal justice perspective. (10) Quality early childhood education programs have been demonstrated to help children start school ready to learn and to reduce delinquency and criminal street gang activity risks. (11) Evidence-based mentoring programs have been shown to prevent youth drug abuse and violence. (12) Evidence-based school-based comprehensive instructional programs that pair youth with responsible adult mentors have been shown to have a strong impact upon delinquency prevention. (13) After-school programs that connect children to caring adults and that provide constructive activities during the peak hours of juvenile delinquency and criminal street gang activity, between 3 p.m. and 6 p.m., have been shown to reduce delinquency and the attendant costs imposed on the juvenile and criminal justice systems. (14) States with higher levels of educational attainment have been shown to have crime rates lower than the national average. Researchers have found that a 5-percent increase in male high school graduation rates would produce an annual savings of almost $5,000,000,000 in crime-related expenses. (15) Therapeutic programs that engage and motivate high-risk youth and their families to change behaviors that often result in criminal activity have been shown to significantly reduce recidivism among juvenile offenders, and significantly reduce the attendant costs of crime and delinquency imposed upon the juvenile and criminal justice systems. (16) Comprehensive programs that target kids who are already serious juvenile offenders by addressing the multiple factors in peer, school, neighborhood, and family environments known to be related to delinquency can reduce recidivism among juvenile offenders and save the public significant economic costs. (17) There are many alternatives to incarceration of youth that have been proven to be more effective in reducing crime and violence at the National, State, local, and tribal levels, and the failure to provide for such effective alternatives is a pervasive problem that leads to increased youth, and later adult, crime and violence. (18) Savings achieved through early intervention and prevention are significant, especially when noncriminal justice social, educational, mental health, and economic outcomes are considered. (19) The prevention of child abuse and neglect can help stop a cycle of violence and save up to $5.00 for every $1.00 invested in preventing such abuse and neglect. (20) Targeting interventions at special youth risk groups and focusing upon relatively low-cost interventions increases the probability of fiscal benefit. (21) Evidence-based intervention treatment facilities have been shown to reduce youth delinquency and to be cost-effective. (22) States, including Wisconsin, Ohio, New York, Texas, and Pennsylvania, have seen a reduction in juvenile incarceration due to a reallocation of criminal justice funds towards prevention programs. (23) The rise in homicides in several cities in recent years followed declines in Federal funding provided for law enforcement, educational, health and mental health, social services, and other support to localities for youth, their families, and other community-oriented programs and approaches. I FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE JUSTICE INFORMATION AND EFFORTS 101. PROMISE Advisory Panel (a) Organization of State Advisory Group Member Representatives Section 223(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(f) ) is amended— (1) in paragraph (1), by striking an eligible organization composed of member representatives of the State advisory groups appointed under subsection (a)(3) and inserting a nonpartisan, nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986, ; and (2) by amending paragraph (2) to read as follows: (2) Assistance To be eligible to receive such assistance, such organization shall— (A) be governed by individuals who— (i) have been appointed by a chief executive of a State to serve as a State advisory group member under subsection (a)(3); and (ii) are elected to serve as a governing officer of such organization by a majority of the Chairs (or Chair-designees) of all such State advisory groups; (B) include member representatives from a majority of such State advisory groups, who shall be representative of regionally and demographically diverse States and jurisdictions; (C) annually seek appointments by the chief executive of each State of one State advisory group member and one alternate State advisory group member from each such State to implement the advisory functions specified in clauses (iv) and (v) of subparagraph (D) , including serving on the PROMISE Advisory Panel, and make a record of any such appointments available to the public; and (D) agree to carry out activities that include— (i) conducting an annual conference of such member representatives for purposes relating to the activities of such State advisory groups; (ii) disseminating information, data, standards, advanced techniques, and program models; (iii) reviewing Federal policies regarding juvenile justice and delinquency prevention; (iv) advising the Administrator with respect to particular functions or aspects of the work of the Office, and appointing a representative, diverse group of members of such organization under subparagraph (C) to serve as an advisory panel of State juvenile justice advisors (referred to as the PROMISE Advisory Panel ) to carry out the functions specified in subsection (g); and (v) advising the President and Congress with regard to State perspectives on the operation of the Office and Federal legislation pertaining to juvenile justice and delinquency prevention. . (b) PROMISE Advisory Panel Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633 ) is further amended by adding at the end the following new subsection: (g) PROMISE Advisory Panel (1) Functions The PROMISE Advisory Panel required under subsection (f)(2)(D) shall— (A) assess successful evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention carried out by PROMISE Coordinating Councils under such Act; (B) provide the Administrator with a list of individuals and organizations with experience in administering or evaluating practices that serve youth involved in, or at risk of involvement in, juvenile delinquency and criminal street gang activity, from which the Administrator shall select individuals who shall— (i) provide to the Administrator peer reviews of applications submitted by units of local government and Indian tribes pursuant to title II of such Act, to ensure that such applications demonstrate a clear plan to— (I) serve youth as part of an entire family unit; and (II) coordinate the delivery of service to youth among agencies; and (ii) advise the Administrator with respect to the award and allocation of PROMISE Planning grants to local and tribal governments that develop PROMISE Coordinating Councils, and of PROMISE Implementation grants to such PROMISE Coordinating Councils, pursuant to title II of such Act; and (C) develop performance standards to be used to evaluate programs and activities carried out with grants under title II of the Youth PROMISE Act, including the evaluation of changes achieved as a result of such programs and activities related to decreases in juvenile delinquency and criminal street gang activity, including— (i) prevention of involvement by at-risk youth in juvenile delinquency or criminal street gang activity; (ii) diversion of youth with a high risk of continuing involvement in juvenile delinquency or criminal street gang activity; and (iii) financial savings from deferred or eliminated costs, or other benefits, as a result of such programs and activities, and the reinvestment by the unit or tribe of any such savings. (2) Annual report Not later than 18 months after the date of the enactment of the Youth PROMISE Act, and annually thereafter, the PROMISE Advisory Panel shall prepare a report containing the findings and determinations under paragraph (1)(A) and shall submit such report to Congress, the President, the Attorney General, and the chief executive and chief law enforcement officer of each State, unit of local government, and Indian tribe. . (c) Authorization of appropriations Section 299(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5671(a)(1) ) is amended to read as follows: (1) There are authorized to be appropriated such sums as may be necessary to carry out this title for each of the fiscal years 2014 through 2016. . 102. Geographic assessment of resource allocation (a) Grant for collection of data To determine need Subject to the availability of appropriations, the Administrator shall award a grant, on a competitive basis, to an organization to— (1) collect and analyze data related to the existing juvenile delinquency and criminal street gang activity prevention and intervention needs and resources in each designated geographic area; (2) use the data collected and analyzed under paragraph (1) to compile a list of designated geographic areas that have the most need of resources, based on such data, to carry out juvenile delinquency and criminal street gang activity prevention and intervention; (3) use the data collected and analyzed under paragraph (1) to rank the areas listed under paragraph (2) in descending order by the amount of need for resources to carry out juvenile delinquency and criminal street gang activity prevention and intervention, ranking the area with the greatest need for such resources highest; and (4) periodically update the list and rankings under paragraph (3) as the Administrator determines to be appropriate. (b) Data sources In compiling such list and determining such rankings, the organization shall collect and analyze data relating to juvenile delinquency and criminal street gang activity prevention and intervention— (1) using the geographic information system and Web-based mapping application known as the Socioeconomic Mapping and Resource Topography (SMART) system; (2) from the Department of Health and Human Services, the Department of Labor, the Department of Housing and Urban Development, and the Department of Education; and (3) from the annual KIDS Count Data Book and other data made available by the KIDS Count initiative of the Annie E. Casey Foundation. (c) Use of data by the administrator The list and rankings required by this section shall be provided to the Administrator to be used to provide funds under this Act in the most strategic and effective manner to ensure that resources and services are provided to youth in the communities with the greatest need for such resources and services. (d) Limitation on use of collected data The information collected and analyzed under this section may not be used for any purpose other than to carry out the purposes of this Act. Such information may not be used for any purpose related to the investigation or prosecution of any person, or for profiling of individuals based on race, ethnicity, socio-economic status, or any other characteristic. (e) Authorization and limitation of appropriations Of the amount appropriated for fiscal year 2014 to carry out this section and subtitle A of title II of this Act (as authorized under section 205), not more than one percent of such amount, or $1,000,000, whichever is less, shall be available to carry out this section. II PROMISE GRANTS 201. Purposes The purposes of the grant programs established under this title are to— (1) enable local and tribal communities to assess the unmet needs of youth who are involved in, or are at risk of involvement in, juvenile delinquency or criminal street gangs; (2) develop plans appropriate for a community to address those unmet needs with juvenile delinquency and gang prevention and intervention practices; and (3) implement and evaluate such plans in a manner consistent with this Act. A PROMISE Assessment and Planning Grants 202. PROMISE Assessment and Planning grants authorized (a) Grants authorized The Administrator is authorized to award grants to units of local government and Indian tribes to assist PROMISE Coordinating Councils with planning and assessing evidence-based and promising practices relating to juvenile delinquency and criminal street gang activity prevention and intervention, especially for youth who are involved in, or who are at risk of involvement in, juvenile delinquency and criminal street gang activity. Such PROMISE Coordinating Councils shall— (1) conduct an objective needs and strengths assessment in accordance with section 203; and (2) develop a PROMISE Plan in accordance with section 204, based on the assessment conducted in accordance with section 203. (b) Grant duration, amount, and allocation (1) Duration A grant awarded under this section shall be for a period not to exceed one year. (2) Maximum grant amount A grant awarded under this section shall not exceed $300,000. (c) Allocation (1) Minimum allocation Subject to the availability of appropriations, the Administrator shall ensure that the total funds allocated under this section to units of local governments and Indian tribes in a State shall not be less than $1,000,000. (2) Ratable reduction If the amount made available for grants under this section for any fiscal year is less than the amount required to provide the minimum allocation of funds under paragraph (1) to units of local government and Indian tribes in each State, then the amount of such minimum allocation shall be ratably reduced. 203. PROMISE Coordinating Councils To be eligible to receive a grant under this subtitle, a unit of local government or an Indian tribe shall establish a PROMISE Coordinating Council for each community of such unit or tribe, respectively, for which such unit or tribe is applying for a grant under this subtitle. Each such community shall include one or more designated geographic areas identified on the list required under section 102(a)(2). The members of such a PROMISE Coordinating Council shall be representatives of public and private sector entities and individuals that— (1) shall include, to the extent possible, at least one representative from each of the following: (A) the local chief executive’s office; (B) a local educational agency; (C) a local health agency or provider; (D) a local mental health agency or provider, unless the representative under subparagraph (C) also meets the requirements of this subparagraph; (E) a local public housing agency; (F) a local law enforcement agency; (G) a local child welfare agency; (H) a local juvenile court; (I) a local juvenile prosecutor’s office; (J) a private juvenile residential care entity; (K) a local juvenile public defender’s office; (L) a State juvenile correctional entity; (M) a local business community representative; and (N) a local faith-based community representative; (2) shall include two representatives from each of the following: (A) parents who have minor children, and who have an interest in the local juvenile or criminal justice systems; (B) youth between the ages of 15 and 24 who reside in the jurisdiction of the unit or tribe; and (C) members from nonprofit community-based organizations that provide effective delinquency prevention and intervention to youth in the jurisdiction of the unit or tribe; and (3) may include other members, as the unit or tribe determines to be appropriate. 204. Needs and strengths assessment (a) Assessment Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subtitle shall conduct an objective strengths and needs assessment of the resources of the community for which such PROMISE Coordinating Council was established, to identify the unmet needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention. The PROMISE Coordinating Council shall consult with a research partner receiving a grant under section 302 for assistance with such assessment. Such assessment shall include, with respect to the community for which such PROMISE Coordinating Council was established— (1) the number of youth who are at-risk of involvement in juvenile delinquency or street gang activity; (2) the number of youth who are involved in juvenile delinquency or criminal street gang activity, including the number of such youth who are at high risk of continued involvement; (3) youth unemployment rates during the summer; (4) the number of individuals on public financial assistance (including a breakdown of the numbers of men, women, and children on such assistance); (5) the estimated number of youth who are chronically truant; (6) the number of youth who have dropped out of school in the previous year; (7) for the year before such assessment, the estimated total amount expended (by the community and other entities) for the incarceration of offenders who were convicted or adjudicated delinquent for an offense that was committed in such community, including amounts expended for the incarceration of offenders in prisons, jails, and juvenile facilities that are located in the United States but are not located in such community; (8) a comparison of the amount under paragraph (7) with an estimation of the amount that would be expended for the incarceration of offenders described in such paragraph if the number of offenders described in such paragraph was equal to the national average incarceration rate per 100,000 population; and (9) a description of evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention available for youth in the community, including school-based programs, after school programs (particularly programs that have activities available for youth between 3 p.m. and 6 p.m. in the afternoon), weekend activities and programs, youth mentoring programs, faith and community-based programs, summer activities, and summer jobs, if any; and (10) a description of evidence-based and promising intervention practices available for youth in the community. (b) Limitation on use of assessment information Information gathered pursuant to this section may be used for the sole purpose of developing a PROMISE Plan in accordance with this subtitle. 205. PROMISE Plan components (a) In general Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subtitle shall develop a PROMISE Plan to provide for the coordination of, and, as appropriate, to support the delivery of, evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to youth and families who reside in the community for which such PROMISE Coordinating Council was established. Such a PROMISE Plan shall— (1) include the strategy by which the PROMISE Coordinating Council plans to prioritize and allocate resources and services toward the unmet needs of youth in the community, consistent with the needs and available resources of communities with the greatest need for assistance, as determined pursuant to section 102; (2) include a combination of evidence-based and promising prevention and intervention practices that are responsive to the needs of the community; and (3) ensure that cultural and linguistic needs of the community are met. (b) Mandatory components Each PROMISE Plan shall— (1) include a plan to connect youth identified in paragraphs (1) and (2) of section 204(a) to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; (2) identify the amount or percentage of local funds that are available to the PROMISE Coordinating Council to carry out the PROMISE Plan; (3) provide strategies to improve indigent defense delivery systems, with particular attention given to groups of children who are disproportionately represented in the State delinquency system and Federal criminal justice system, as compared to the representation of such groups in the general population of the State; (4) provide for training (which complies with the American Bar Association Juvenile Justice Standards for the representation and care of youth in the juvenile justice system) of prosecutors, defenders, probation officers, judges and other court personnel related to issues concerning the developmental needs, challenges, and potential of youth in the juvenile justice system, (including training related to adolescent development and mental health issues, and the expected impact of evidence-based practices and cost reduction strategies); (5) ensure that the number of youth involved in the juvenile delinquency and criminal justice systems does not increase as a result of the activities undertaken with the funds provided under this subtitle; (6) describe the coordinated strategy that will be used by the PROMISE Coordinating Council to provide at-risk youth with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; (7) propose the performance evaluation process to be used to carry out section 211(d), which shall include performance measures to assess efforts to address the unmet needs of youth in the community with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; and (8) identify the research partner the PROMISE Coordinating Council will use to obtain information on evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention, and for the evaluation under section 211(d) of the results of the activities carried out with funds under this subtitle. (c) Voluntary components In addition to the components under subsection (b), a PROMISE Plan may include evidence-based or promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the following categories: (1) Early childhood development services (such as pre-natal and neo-natal health services), early childhood prevention, voluntary home visiting programs, nurse-family partnership programs, parenting and healthy relationship skills training, child abuse prevention programs, Early Head Start, and Head Start. (2) Child protection and safety services (such as foster care and adoption assistance programs), family stabilization programs, child welfare services, and family violence intervention programs. (3) Youth and adolescent development services, including job training and apprenticeship programs, job placement and retention training, education and after school programs (such as school programs with shared governance by students, teachers, and parents, and activities for youth between the hours of 3 p.m. and 6 p.m. in the afternoon), mentoring programs, conflict resolution skills training, sports, arts, life skills, employment and recreation programs, summer jobs, and summer recreation programs, and alternative school resources for youth who have dropped out of school or demonstrate chronic truancy. (4) Health and mental health services, including cognitive behavioral therapy, play therapy, and peer mentoring and counseling. (5) Substance abuse counseling and treatment services, including harm-reduction strategies. (6) Emergency, transitional, and permanent housing assistance (such as safe shelter and housing for runaway and homeless youth). (7) Targeted gang prevention, intervention, and exit services such as tattoo removal, successful models of anti-gang crime outreach programs (such as street worker programs), and other criminal street gang truce or peacemaking activities. (8) Training and education programs for pregnant teens and teen parents. (9) Alternatives to detention and confinement programs (such as mandated participation in community service, restitution, counseling, and intensive individual and family therapeutic approaches). (10) Pre-release, post-release, and reentry services to assist detained and incarcerated youth with transitioning back into and reentering the community. 206. Authorization of appropriations Subject to the limitation under section 102(e), there are authorized to be appropriated for fiscal year 2014, such sums as may be necessary to carry out this subtitle and section 102. B PROMISE Implementation Grants 211. PROMISE Implementation grants authorized (a) PROMISE Implementation grants authorized The Administrator of the Office of Juvenile Justice and Delinquency Prevention is authorized to award grants to units of local government and Indian tribes to assist PROMISE Coordinating Councils with implementing PROMISE Plans developed pursuant to subtitle A. (b) Grant duration and amount (1) Duration A grant awarded under this subtitle shall be for a three-year period. (2) Maximum grant amount A grant awarded under this subtitle shall not be for more than $10,000,000 per year for each year of the grant period. (c) Non-Federal funds required For each fiscal year during the three-year grant period for a grant under this subtitle, each unit of local government or Indian tribe receiving such a grant for a PROMISE Coordinating Council shall provide, from non-Federal funds, in cash or in-kind, 25 percent of the costs of the activities carried out with such grant. (d) Evaluation Of any funds provided to a unit of local government or an Indian tribe for a grant under this subtitle, not more than $100,000 shall be used to provide a contract to a competitively selected organization to assess the progress of the unit or tribe in addressing the unmet needs of youth in the community, in accordance with the performance measures under section 204(b)(7). 212. PROMISE Implementation grant application requirements (a) Application required To be eligible to receive a PROMISE Implementation grant under this subtitle, a unit of local government or Indian tribe that received a PROMISE Assessment and Planning grant under subtitle A shall submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention not later than one year after the date such unit of local government or Indian tribe was awarded such grant under subtitle A, in such manner, and accompanied by such information, as the Administrator, after consultation with the organization under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(f)(1) ), may require. (b) Contents of application Each application submitted under subsection (a) shall— (1) identify potential savings from criminal justice costs, public assistance costs, and other costs avoided by utilizing evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; (2) document— (A) investment in evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to be provided by the unit of local government or Indian tribe; (B) the activities to be undertaken with the grants funds; (C) any expected efficiencies in the juvenile justice or other local systems to be attained as a result of implementation of the programs funded by the grant; and (D) outcomes from such activities, in terms of the expected numbers related to reduced criminal activity; (3) describe how savings sustained from investment in prevention and intervention practices will be reinvested in the continuing implementation of the PROMISE Plan; and (4) provide an assurance that the local fiscal contribution with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the community for which the PROMISE Coordinating Council was established for each year of the grant period will not be less than the local fiscal contribution with respect to such practices in the community for the year preceding the first year of the grant period. 213. Grant award guidelines (a) Selection and distribution Grants awarded under this subtitle shall be awarded on a competitive basis. The Administrator shall— (1) take such steps as may be necessary to ensure that grants are awarded to units of local governments and Indian tribes in areas with the highest concentrations of youth who are— (A) at-risk of involvement in juvenile delinquency or criminal street gang activity; and (B) involved in juvenile delinquency or street gang activity and who are at high-risk of continued involvement; and (2) give consideration to the need for grants to be awarded to units of local governments and Indian tribes in each region of the United States, and among urban, suburban, and rural areas. (b) Extension of grant award The Administrator may extend the grant period under section 211(b)(1) for a PROMISE Implementation grant to a unit of local government or an Indian tribe, in accordance with regulations issued by the Administrator. (c) Renewal of grant award Subject to the availability of appropriations, the Administrator may renew a PROMISE Implementation grant to a unit of local government or an Indian tribe to provide such unit or tribe with additional funds to continue implementation of a PROMISE Plan. Such a renewal— (1) shall be initiated by an application for renewal from a unit of local government or an Indian tribe; (2) shall be carried out in accordance with regulations issued by the Administrator; and (3) shall not be granted unless the Administrator determines such a renewal to be appropriate based on the results of the evaluation conducted under section 223(a) with respect to the community of such unit or tribe for which a PROMISE Coordinating Council was established, and for which such unit or tribe is applying for renewal. 214. Reports Not later than one year after the end of the grant period for which a unit of local government or an Indian tribe receives a PROMISE Implementation grant, and annually thereafter for as long as such unit or tribe continues to receive Federal funding for a PROMISE Coordinating Council, such unit or tribe shall report to the Administrator regarding the use of Federal funds to implement the PROMISE Plan developed under subtitle A. 215. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle such sums as may be necessary for each of the fiscal years 2014 through 2016. C General PROMISE Grant Provisions 221. Nonsupplanting clause A unit of local government or Indian tribe receiving a grant under this title shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available to address the needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention. 222. Grant application review panel The Administrator of the Office of Juvenile Justice and Delinquency Prevention, in conjunction with the PROMISE Advisory Panel, shall establish and utilize a transparent, reliable, and valid system for evaluating applications for PROMISE Assessment and Planning grants and for PROMISE Implementation grants, and shall determine which applicants meet the criteria for funding, based primarily on a determination of greatest need (in accordance with section 102), with due consideration to other enumerated factors and the indicated ability of the applicant to successfully implement the program described in the application. 223. Evaluation of PROMISE grant programs (a) Evaluation required Subject to the availability of appropriations under this title, the Administrator shall, in consultation with the organization provided assistance under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(f)(1) ), provide for an evaluation of the programs and activities carried out with grants under this title. In carrying out this section, the Administrator shall— (1) award grants to institutions of higher education (including institutions that are eligible to receive funds under part F of title III of the Higher Education Act of 1965 (20 U.S.C. 1067q et seq.), to facilitate the evaluation process and measurement of achieved outcomes; (2) identify evidence-based and promising practices used by PROMISE Coordinating Councils under PROMISE Implementation grants that have proven to be effective in preventing involvement in, or diverting further involvement in, juvenile delinquency or criminal street gang activity; and (3) ensure— (A) that such evaluation is based on the performance standards that are developed by the PROMISE Advisory Panel in accordance with section 223(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (as added by section 101(b) of this Act); (B) the development of longitudinal and clinical trial evaluation and performance measurements with regard to the evidence-based and promising practices funded under this title; and (C) the dissemination of the practices identified in paragraph (2) to the National Research Center for Proven Juvenile Justice Practices (established under section 301), units of local government, and Indian tribes to promote the use of such practices by such units and tribes to prevent involvement in, or to divert further involvement in, juvenile delinquency or criminal street gang activity. (b) Results to the national research center for proven juvenile justice practices The Administrator shall provide the results of the evaluation under subsection (a) to the National Research Center for Proven Juvenile Justice Practices established under section 301. III PROMISE RESEARCH CENTERS 301. Establishment of the National Research Center for Proven Juvenile Justice Practices (a) Center established Subject to the availability of appropriations, the Administrator shall award a grant to a nonprofit organization with a national reputation for expertise in operating or evaluating effective, evidence-based practices related to juvenile delinquency and criminal street gang activity prevention or intervention to develop a National Research Center for Proven Juvenile Justice Practices. Such Center shall— (1) collaborate with institutions of higher education as regional partners to create a best practices juvenile justice information-sharing network to support the programs and activities carried out with grants under title II of this Act; (2) collect, and disseminate to PROMISE Coordinating Councils, research and other information about evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to inform the efforts of PROMISE Coordinating Councils and regional research partners and to support the programs and activities carried out with grants under title II of this Act; (3) increase the public’s knowledge and understanding of effective juvenile justice practices to prevent crime and delinquency and reduce recidivism; and (4) develop, manage, and regularly update a site to disseminate proven practices for successful juvenile delinquency prevention and intervention. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2014 through 2016. 302. Grants for regional research proven practices partnerships (a) Grant program authorized The Administrator shall, subject to the availability of appropriations, establish a grant program to award grants to institutions of higher education to serve as regional research partners with PROMISE Coordinating Councils that are located in the same geographic region as an institution, in collaboration with the National Research Center for Proven Juvenile Justice Practices authorized under section 301. Regional research partners shall provide research support to such PROMISE Coordinating Councils, including— (1) assistance with preparing PROMISE grant applications under title II, including collection of baseline data for such applications; (2) assistance with the needs and strengths assessments conducted under section 203; and (3) provision of support services to PROMISE grant recipients for data collection and analysis to assess progress under the PROMISE grant. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2014 through 2016.

https://www.govinfo.gov/content/pkg/BILLS-113hr1318ih/xml/BILLS-113hr1318ih.xml

113-hr-1319

I 113th CONGRESS 1st Session H. R. 1319 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. McNerney (for himself, Mr. Costa , Mrs. Negrete McLeod , and Mr. Vargas ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Crop Insurance Act to expand coverage under plans of insurance available under such Act to include losses to an insured commodity when, as a result of a federally-imposed quarantine, the commodity must be destroyed, and for other purposes. 1. Short title This Act may be cited as the Containing Risk, Offering Protection Act . 2. Coverage of quarantine losses to insured commodities under the Federal Crop Insurance Act (a) Expansion To include quarantine losses Section 508(a)(1) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(a)(1) ) is amended in the second sentence— (1) by striking be due to drought and inserting be due— (A) to drought ; (2) by striking Secretary). and inserting Secretary); or ; and (3) by adding at the end the following new subparagraph: (B) to a quarantine imposed under Federal law, pursuant to the terms of which the commodity is destroyed or otherwise unable to be marketed or otherwise utilized for its intended purpose (as determined by the Secretary). . (b) Application of amendment Subparagraph (B) of section 508(a)(1) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(a)(1) ), as added by subsection (a)(3), shall apply beginning with the 2015 reinsurance year.

https://www.govinfo.gov/content/pkg/BILLS-113hr1319ih/xml/BILLS-113hr1319ih.xml

113-hr-1320

I 113th CONGRESS 1st Session H. R. 1320 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Neal introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to improve coverage for colorectal screening tests under Medicare, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Supporting Colorectal Examination and Education Now Act of 2013 or the SCREEN Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Temporary increase in payment rate for certain cancer screening tests. Sec. 4. Waiving Medicare cost-sharing for colorectal cancer screening with therapeutic effect. Sec. 5. Medicare coverage for an office visit or consultation prior to a qualifying screening colonoscopy. Sec. 6. Budget neutrality. 2. Findings Congress finds the following: (1) Colon cancer is the third most common cause of cancer-related deaths and the second most common cancer for both men and women. (2) According to the American Cancer Society, over 50,000 people will die this year from colon cancer. (3) Colorectal cancer is highly treatable with appropriate screening. According to the American Cancer Society (2010 Facts & Figures), the 5-year survival rate is 90 percent for those individuals who are diagnosed at an early stage of the cancer. However, less than 40 percent of colon cancer cases are diagnosed at an early stage. (4) The Centers for Disease Control and Prevention recently estimated that approximately 2,000 deaths could be avoided if colonoscopy screening rates rose by just 10 percent. (5) Colonoscopies allow for simultaneous colorectal cancer screenings and detection and the removal of precancerous polyps, thus preventing cancer from developing. (6) The U.S. Preventive Services Task Force provides an A rating for colorectal cancer screenings. (7) The Centers for Disease Control and Prevention’s colorectal cancer control program has set a target of screening 80 percent of eligible adults in certain States by 2014. The American Cancer Society and other patient advocacy groups have a target rate of 75 percent. (8) Only between 52 and 58 percent of Medicare beneficiaries have had any colorectal cancer screening test, despite Medicare coverage for such tests. (9) Only 49.3 percent of Medicare beneficiaries who are 50 to 80 years old receive colorectal cancer screenings within recommended intervals. (10) The Centers for Medicare & Medicaid Services notes that there is clearly an opportunity to improve colorectal cancer screening rates in the Medicare population . (11) A January 2011 study by the Colon Cancer Alliance concludes that most Americans over the age of 50— (A) wish a health care provider was able to sit down with them to discuss a colonoscopy before undergoing the test; and (B) forgo a colonoscopy due to fear of the procedure. (12) In February 2010, the National Institutes of Health hosted a conference on colorectal cancer screening and cited patient awareness and fears as barriers to increasing colorectal cancer screening rates. (13) According to the Medicare Payment Advisory Commission, colonoscopy is one of the most common procedures performed in the ambulatory surgical centers (ASCs) and the decline in payment rate for the highest volume procedures is especially a strong concern for ASCs that focus on gastroenterology . (14) An Institute of Medicine study on colorectal cancer screening cited the inadequate reimbursement for preventive care services as one of the constraints limiting colorectal cancer screening rates. (15) Colorectal cancer screening by colonoscopy has been demonstrated to reduce Medicare costs over the long-term. 3. Temporary increase in payment rate for certain cancer screening tests (a) In general With respect to a qualifying cancer screening test furnished during the 5-year period beginning on January 1, 2014, by a qualifying provider, the amount otherwise payable under section 1833 or section 1848 of the Social Security Act ( 42 U.S.C. 1395l , 1395w–4) to such provider for such test shall be increased by 10 percent. (b) Qualifying cancer screening test (1) In general For purposes of this section, subject to paragraph (2), the term qualifying cancer screening test means, with respect to a Medicare beneficiary, a cancer screening test that has in effect with respect to such beneficiary a rating of ‘A’ in the current recommendations of the United States Preventive Services Task Force. (2) Termination when high utilization rate reached If the Secretary of Health and Human Services determines that a cancer screening test described in paragraph (1) has a utilization rate of at least 75 percent of the Medicare beneficiaries for whom such screening has such a recommendation, effective as of the first day of the year after the year in which such determination is made, the cancer screening test shall not be a qualifying cancer screening test. (c) Qualifying provider defined For purposes of this section, the term qualifying provider means, with respect to a qualifying cancer screening test, an individual or entity— (1) that is eligible for payment for such test under section 1833 or section 1848 of the Social Security Act ( 42 U.S.C. 1395l , 1395w–4); and (2) that— (A) participates in a nationally recognized quality improvement registry with respect to such test; and (B) demonstrates, to the satisfaction of the Secretary, based on the information in such registry, that the tests were provided by such individual or entity in accordance with accepted outcomes-based quality measures. 4. Waiving Medicare cost-sharing for colorectal cancer screening with therapeutic effect (a) In general Section 1833(a)(1)(Y) of the Social Security Act ( 42 U.S.C. 1395l(a)(1)(Y) ) is amended by inserting , including tests and procedures described in the last sentence of subsection (b), after section 1861(ddd)(3) . (b) Effective Date The amendment made by this section shall apply to tests and procedures performed on or after January 1, 2014. 5. Medicare coverage for an office visit or consultation prior to a qualifying screening colonoscopy (a) Coverage Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (1) in subparagraph (EE), by striking and at the end; (2) in subparagraph (FF), by inserting and at the end; and (3) by adding at the end the following new subparagraph: (GG) prior to a colorectal cancer screening test consisting of a screening colonoscopy or in conjunction with an individual’s decision regarding the performance of such a test on the individual, an outpatient office visit or consultation for the purpose of beneficiary education, assuring selection of the proper screening test, and securing information relating to the procedure and the sedation of the individual; . (b) Payment (1) In general Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended— (A) by striking and before (Z) ; and (B) by inserting before the semicolon at the end the following: , and (AA) with respect to an outpatient office visit or consultation under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge or the amount established under section 1848 . (2) Payment under physician fee schedule Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(GG), after (2)(FF) (including administration of the health risk assessment), . (3) Requirement for establishment of payment amount under physician fee schedule Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended by adding at the end the following new paragraph: (4) Payment for outpatient office visit or consultation prior to screening colonoscopy With respect to an outpatient office visit or consultation under section 1861(s)(2)(GG), payment under section 1848 shall be consistent with the payment amounts for CPT codes 99201, 99202, 99203, 99204, 99211, 99212, 99213, 99214, and 99215 (as in effect as of the date of the enactment of this paragraph or any successors to such codes). . (c) Effective Date The amendments made by this section shall apply to items and services furnished on or after January 1, 2014. 6. Budget neutrality (a) Adjustment of physician fee schedule conversion factor The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall reduce the conversion factor established under subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) for each year (beginning with 2014) to the extent necessary to reduce expenditures under such section for items and services furnished during the year in the aggregate by the net offset amount determined under subsection (c)(5) attributable to such section for the year. (b) Adjustment of HOPD conversion factor The Secretary shall reduce the conversion factor established under paragraph (3)(C) of section 1833(t) of the Social Security Act ( 42 U.S.C. 1395l(t) ) for each year (beginning with 2014) to the extent necessary to reduce expenditures under such section for items and services furnished during the year in the aggregate by the net offset amount determined under subsection (c)(5) attributable to such section for the year. (c) Determinations relating to expenditures For purposes of this section, before the beginning of each year (beginning with 2014) at the time conversion factors described in subsection (a) and (b) are established for the year, the Secretary shall determine— (1) the amount of the gross additional expenditures under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) estimated to result from the implementation of sections 3, 4, and 5 for items and services furnished during the year; (2) the amount of any offsetting reductions in expenditures under such title (such as reductions in payments for inpatient hospital services) for such year attributable to the implementation of such sections; (3) the amount (if any) by which the amount of the gross additional expenditures determined under paragraph (1) for the year exceeds the amount of offsetting reductions determined under paragraph (2) for the year; (4) of the gross additional expenditures determined under paragraph (1) for the year that are attributable to expenditures under sections 1848 and 1833(t) of such Act ( 42 U.S.C. 1395w–4 , 1395l(t)), the ratio of such expenditures that are attributable to each respective section; and (5) with respect to section 1848 and section 1833(t) of such Act ( 42 U.S.C. 1395w–4 , 1395l(t)), a net offset amount for the year equal to the product of— (A) the amount of the net additional expenditures for the year determined under paragraph (3); and (B) the ratio determined under paragraph (4) attributable to the respective section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1320ih/xml/BILLS-113hr1320ih.xml

113-hr-1321

I 113th CONGRESS 1st Session H. R. 1321 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Duckworth introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Small Business , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 44 of the United States Code, to provide for the suspension of fines under certain circumstances for first-time paperwork violations by small business concerns. 1. Short title This Act may be cited as the Small Business Paperwork Relief Act of 2013 . 2. Suspension of fines for first-time paperwork violations by small business concerns Section 3506 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act ), is amended by adding at the end the following: (j) Small businesses (1) Small business concern In this subsection, the term small business concern has the meaning given that term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (2) In general In the case of a first-time violation by a small business concern of a requirement regarding the collection of information by an agency, the head of the agency shall not impose a civil fine on the small business concern unless the head of the agency determines that— (A) the violation has the potential to cause serious harm to the public interest; (B) failure to impose a civil fine would impede or interfere with the detection of criminal activity; (C) the violation is a violation of an internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt; (D) the violation was not corrected on or before the date that is 6 months after the date on which the small business concern receives notification of the violation in writing from the agency; or (E) except as provided in paragraph (3), the violation presents a danger to the public health or safety. (3) Danger to public health or safety (A) In general In any case in which the head of an agency determines under paragraph (2)(E) that a violation presents a danger to the public health or safety, the head of the agency may, notwithstanding paragraph (2)(E), determine not to impose a civil fine on the small business concern if the violation is corrected not later than 24 hours after receipt by the owner of the small business concern of notification of the violation in writing. (B) Considerations In determining whether to allow a small business concern 24 hours to correct a violation under subparagraph (A), the head of an agency shall take into account all of the facts and circumstances regarding the violation, including— (i) the nature and seriousness of the violation, including whether the violation is technical or inadvertent or involves willful or criminal conduct; (ii) whether the small business concern has made a good faith effort to comply with applicable laws and to remedy the violation within the shortest practicable period of time; and (iii) whether the small business concern has obtained a significant economic benefit from the violation. (C) Notice to congress In any case in which the head of an agency imposes a civil fine on a small business concern for a violation that presents a danger to the public health or safety and does not allow the small business concern 24 hours to correct the violation under subparagraph (A), the head of the agency shall notify Congress regarding the determination not later than 60 days after the date on which the civil fine is imposed by the agency. (4) Limited to first-time violations (A) In general This subsection shall not apply to any violation by a small business concern of a requirement regarding collection of information by an agency if the small business concern previously violated any requirement regarding collection of information by the agency. (B) Other agencies For purposes of making a determination under subparagraph (A), the head of an agency shall not take into account any violation of a requirement regarding collection of information by another agency. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1321ih/xml/BILLS-113hr1321ih.xml

113-hr-1322

I 113th CONGRESS 1st Session H. R. 1322 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Lipinski (for himself, Mr. Jones , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To establish educational seminars at United States ports of entry to improve the ability of U.S. Customs and Border Protection personnel to classify and appraise articles that are imported into the United States in accordance with the customs laws of the United States. 1. Short title This Act may be cited as the Customs Training Enhancement Act . 2. Educational seminars to improve ability of U.S. Customs and Border Protection personnel to classify and appraise imported articles (a) Educational seminars (1) In general The Commissioner shall establish and carry out educational seminars at United States ports of entry to improve the ability of U.S. Customs and Border Protection personnel to classify and appraise articles imported into the United States in accordance with the customs laws of the United States, including to improve the ability of U.S. Customs and Border Protection personnel to identify and prevent the mislabeling and transshipment of articles. (2) Number and exception The Commissioner shall establish and carry out not less than 15 educational seminars each year under paragraph (1). The Commissioner may establish and carry out fewer than 15 seminars each year under paragraph (1) if the Commissioner determines and notifies Congress that it is appropriate to do so. (b) Content (1) In general The Commissioner and interested parties selected under subsection (d) should provide instruction and related instructional materials at each educational seminar to U.S. Customs and Border Protection personnel and, as appropriate, U.S. Immigration and Customs Enforcement personnel on the following: (A) Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation. (B) Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if— (i) the country of origin of the article listed in the manifest or other accompanying documentation is accurate; and (ii) the industry supply chain represented in the manifest or other accompanying documentation is accurate. (C) Other related matters as determined to be appropriate by the Commissioner. (2) Approval of Commissioner The instruction and related instructional materials at each educational seminar shall be subject to the approval of the Commissioner. (c) Costs and expenses The Commissioner shall pay the costs to establish and carry out each educational seminar and shall pay expenses for U.S. Customs and Border Protection personnel, U.S. Immigration and Customs Enforcement personnel, and interested parties to provide instruction in or receive training at the seminar. (d) Selection process (1) In general The Commissioner shall establish a process to solicit, evaluate, and select interested parties for purposes of assisting in providing instruction in the educational seminars under this section. (2) Criteria The Commissioner shall, in consultation with the United States International Trade Commission, evaluate and select interested parties under the process established under paragraph (1) based on— (A) availability and usefulness; (B) the volume, value, and incidence of mislabeling of an imported article that relates to a comparable domestic product of the interested party; and (C) other appropriate criteria established by the Commissioner. (3) Public availability The Commissioner shall publish in the Federal Register a detailed description of the process established under paragraph (1) and the criteria established under paragraph (2). 3. Definitions In this Act: (1) Commissioner The term Commissioner means the Commissioner responsible for U.S. Customs and Border Protection. (2) Comparable domestic product The term comparable domestic product means a product which is comparable in characteristics and uses with an article imported into the United States and which is covered by an educational seminar under this Act. (3) Customs laws of the United States The term customs laws of the United States means any law or regulation enforced or administered by U.S. Customs and Border Protection. (4) Interested party The term interested party means— (A) a manufacturer, producer, or wholesaler in the United States of a comparable domestic product; (B) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States of a comparable domestic product; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale a comparable domestic product in the United States; or (D) an association, a majority of whose members is composed of interested parties described in subparagraph (A), (B), or (C) with respect to a comparable domestic product. (5) United States The term United States means the customs territory of the United States, as defined in General Note 2 to the Harmonized Tariff Schedule of the United States. (6) U.S. Customs and Border Protection personnel The term U.S. Customs and Border Protection personnel means Import Specialists and other appropriate employees of U.S. Customs and Border Protection. 4. Authorization of appropriations There are authorized to be appropriated to carry out this Act $3,000,000 for each of the fiscal years 2013 through 2017.

https://www.govinfo.gov/content/pkg/BILLS-113hr1322ih/xml/BILLS-113hr1322ih.xml

113-hr-1323

I 113th CONGRESS 1st Session H. R. 1323 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Sewell of Alabama (for herself, Mr. Cicilline , and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to establish tax-preferred Small Business Start-up Savings Accounts. 1. Short title This Act may be cited as the Small Business Start-up Savings Accounts Act of 2013 . 2. Establishment of Small Business Start-up Savings Accounts (a) In general Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 408A the following new section: 408B. Small Business Start-up Savings Accounts (a) General rule Except as provided in this section, a Small Business Start-up Savings Account shall be treated for purposes of this title in the same manner as an individual retirement plan. (b) Small business start-Up savings account For purposes of this title, the term Small Business Start-up Savings Account means an individual retirement plan which is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a Small Business Start-up Savings Account. (c) Treatment of contributions (1) No deduction allowed No deduction shall be allowed under section 219 for a contribution to a Small Business Start-up Savings Account. (2) Contribution limit (A) In general The aggregate amount of contributions for any taxable year to all Small Business Start-up Savings Accounts maintained for the benefit of an individual shall not exceed $10,000. (B) Aggregate limitation The aggregate of the amount contributions for all taxable years with respect to all Small Business Start-up Savings Accounts maintained for the benefit of an individual shall not exceed $150,000. (C) Cost of living adjustment (i) In general In the case of a taxable year beginning after 2014, the $10,000 amount in subparagraph (A) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding If any amount as adjusted under clause (i) is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500. (3) Contributions permitted after age 70 ½ Contributions to a Small Business Start-up Savings Account may be made even after the individual for whom the account is maintained has attained age 70 ½ . (4) Rollovers from retirement plans not allowed A taxpayer shall not be allowed to make a qualified rollover contribution to a Small Business Start-up Savings Account from any eligible retirement plan (as defined in section 402(c)(8)(B)), except as may be provided by the Secretary in the case of a rollover from another Small Business Start-up Savings Account. (5) Income based on modified adjusted gross income (A) In general In the case of a taxable year in which the taxpayer’s adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return), the dollar amount in effect for such taxable year under subsection (c)(2) shall be reduced (but not below zero) by the amount determined under subparagraph (B). (B) Amount of reduction The amount determined under this subparagraph shall be the amount which bears the same ratio to such limitation as— (i) the excess of— (I) the taxpayer’s adjusted gross income for such taxable year, over (II) $150,000 ($300,000 in the case of a joint return), bears to (ii) $25,000. (C) Modified adjusted gross income The term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. (d) Treatment of distributions (1) Tax treatment (A) Exclusion of qualified distributions Any qualified distribution from a Small Business Start-up Savings Account shall not be includible in gross income. (B) Inclusion of other distributions Distributions from a Small Business Start-up Savings Account which is not a qualified distribution shall be included in gross income and, for purposes of section 1, treated as a net capital gain. (2) Qualified distribution For purposes of this subsection, the term qualified distribution means, with respect to any taxable year, any payment or distribution from a Small Business Start-up Savings Account— (A) to the extent the amount of such payment or distribution does not exceed the sum of— (i) the aggregate amounts paid or incurred by the taxpayer for such taxable year with respect to a trade or business for the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees, and (ii) the aggregate capital contributions of the taxpayer with respect to a trade or business for the taxable year (but only to the extent such amounts are used in such trade or business for purposes described in clause (i)), and (B) which, in the case of a payment or distribution subsequent to the first payment or distribution from such account (or any predecessor to such account)— (i) is made not later than the close of the 5th taxable year beginning after the date of such first payment or distribution, and (ii) is made with respect to the same trade or business with respect to which such first payment or distribution was made. (3) Treatment after death of account beneficiary If, by reason of the death of the account beneficiary, any person acquires the account beneficiary’s interest in a Small Business Start-up Savings Account— (A) such account shall cease to be a Small Business Start-up Savings Account as of the date of death, and (B) an amount equal to the fair market value of the assets in such account on such date shall be includible— (i) in the case of a person who is not the estate of such beneficiary, in such person’s gross income for the taxable year which includes such date, or (ii) in the case of a person who is the estate of such beneficiary, in such beneficiary’s gross income for the last taxable year of such beneficiary. (C) Special rules (i) Reduction of inclusion for predeath expenses The amount includible in gross income under subparagraph (B) shall be reduced by the amounts described in paragraph (2) which were incurred by the decedent before the date of the decedent’s death and paid by such person within 1 year after such date. (ii) Deduction for estate taxes An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent) with respect to amounts included in gross income under clause (i) by such person. (4) Mandatory distribution rules not to apply Section 401(a)(9)(A) and the incidental death benefit requirements of section 401(a) shall not apply to any Small Business Start-up Savings Account. . (b) Excess contributions Section 4973 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Excess contributions to small business start-Up savings accounts For purposes of this section, in the case of contributions to all Small Business Start-up Savings Accounts (within the meaning of section 408B(b)) maintained for the benefit of an individual, the term excess contributions means the sum of— (1) the excess (if any) of— (A) the amount contributed to such accounts for the taxable year, over (B) the amount allowable as a contribution under section 408B(c)(2)(A) for such taxable year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts for the taxable year, and (B) the excess (if any) of— (i) the maximum amount allowable as a contribution under section 408B(c)(2)(A) for such taxable year, over (ii) the amount contributed to such accounts for such taxable year, and (3) the excess (if any) of— (A) the excess (if any) of— (i) the aggregate amounts contributed to such accounts for all taxable years, over (ii) the aggregate amount allowable as contributions under section 408B(c)(2)(B) for all taxable years, over (B) the amount determined under this paragraph for all preceding taxable years. . (c) Conforming amendment The table of sections for subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 408A the following new item: Sec. 408B. Small Business Start-up Savings Accounts. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1323ih/xml/BILLS-113hr1323ih.xml

113-hr-1324

I 113th CONGRESS 1st Session H. R. 1324 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Sewell of Alabama (for herself, Mr. Crowley , and Mr. Ryan of Ohio ) 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 allow employers a credit against income tax for wages paid to employees who participate in qualified apprenticeship programs. 1. Short title This Act may be cited as the Workforce Development Tax Credit Act of 2013 . 2. Credit for wages paid to employees participating in qualified apprenticeship programs (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: 45S. Wages paid to employees participating in qualified apprenticeship programs (a) In general For purposes of section 38, the apprenticeship credit determined under this section for the taxable year is the sum of— (1) the apprenticeship period credit, and (2) the post-apprenticeship credit. (b) Apprenticeship period credit For purposes of subsection (a)— (1) In general The apprenticeship period credit for the taxable year is 50 percent of the wages paid for services rendered during the taxable year to each apprenticeship employee but only if such wages are paid for services rendered during a qualified training year of such employee (whether or not such employee is an employee of the taxpayer as of the close of such taxable year). (2) Limitation on wages per year taken into account The amount of wages which may be taken into account under paragraph (1) with respect to any apprenticeship employee for each qualified training year shall not exceed $2,000. (c) Post-Apprenticeship credit For purposes of subsection (a)— (1) In general The post-apprenticeship credit for the taxable year is 40 percent of the wages paid for services rendered during the taxable year and the preceding taxable year to each employee who has successfully completed a qualified training program of the employer, but only if such wages are paid by such employer for services rendered during the 2-year period which begins on the day after the employee’s completion of such program. (2) Limitation on wages per year taken into account The amount of wages which may be taken into account under paragraph (1) for a taxable year with respect to any apprenticeship employee shall not exceed $6,000. (d) Definitions For purposes of this section— (1) Wages The term wages has the meaning given to such term by section 51(c), determined without regard to paragraph (4) thereof. (2) Apprenticeship employee The term apprenticeship employee means any employee who is employed by the employer pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor. (3) Qualified training year (A) In general The term qualified training year means each year during the training period in which— (i) the employee is employed by the employer for at least 25 hours per week during 28 consecutive weeks of such year, and (ii) the employee completes at least 8 credit hours of classroom work under a qualified training program for each semester of such program ending during such year. (B) Qualified training program The term qualified training program means any training program undertaken pursuant to the agreement referred to in paragraph (2). (C) Training period The term training period means, with respect to an employee, the period— (i) beginning on the date that the employee begins employment with the taxpayer as an apprentice under a qualified training program, and (ii) ending on the earlier of— (I) the date that such apprenticeship with the employer ends, or (II) the date which is 4 years after the date referred to in clause (i). (e) Coordination with other credits The amount of credit otherwise allowable under sections 45A, 51(a), and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. (f) Certain rules To apply Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section. . (b) Credit made part of general business credit Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the apprenticeship credit determined under section 45S(a). . (c) Denial of double benefit Subsection (a) of section 280C of such Code is amended by inserting 45S(a), after 45P(a), . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Wages paid to employees participating in qualified apprenticeship programs. . (e) Effective date The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1324ih/xml/BILLS-113hr1324ih.xml

113-hr-1325

I 113th CONGRESS 1st Session H. R. 1325 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Burgess (for himself, Mrs. Blackburn , Mr. Marino , Mr. Cassidy , Mr. Young of Florida , Mr. Crenshaw , Mr. McDermott , Mr. Bachus , Mr. Grimm , Mr. Wolf , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide Medicare entitlement to immunosuppressive drugs for kidney transplant recipients. 1. Short title This Act may be cited as the Comprehensive Immunosuppressive Drug Coverage for Kidney Transplant Patients Act of 2013 . 2. Medicare entitlement to immunosuppressive drugs for kidney transplant recipients (a) Kidney transplant recipients Section 226A(b)(2) of the Social Security Act ( 42 U.S.C. 426–1(b)(2) ) is amended by inserting (except for eligibility for enrollment under part B solely for purposes of coverage of immunosuppressive drugs described in section 1861(s)(2)(J)) before , with the thirty-sixth month . (b) Individuals eligible only for coverage of immunosuppressive drugs (1) In general Section 1836 of the Social Security Act ( 42 U.S.C. 1395o ) is amended— (A) by striking Every and inserting (a) In general .—Every ; and (B) by inserting at the end the following new subsection: (b) Individuals eligible for immunosuppressive drug coverage Beginning on January 1, 2014, every individual whose insurance benefits under part A have ended (whether before, on, or after such date) by reason of section 226A(b)(2) is eligible for enrollment in the insurance program established by this part solely for purposes of coverage of immunosuppressive drugs. . (2) Conforming amendment Sections 1837, 1838, and 1839 of the Social Security Act ( 42 U.S.C. 1395(o) , 42 U.S.C. 1395(p) , 42 U.S.C. 1395(q) ) are each amended by striking 1836 and inserting 1836(a) each place it appears. (c) Enrollment for individuals only eligible for coverage of immunosuppressive drugs Section 1837 of the Social Security Act ( 42 U.S.C. 1395(p) ) is amended by adding at the end the following new subsection: (m) (1) Any individual who is eligible under section 1836(b) to enroll in the medical insurance program established under this part for purposes of coverage of immunosuppressive drugs may enroll only in such manner and form as may be prescribed by regulations, and only during an enrollment period described in this subsection. (2) An individual described in paragraph (1) may enroll beginning on the first day of the third month before the month in which the individual first satisfies section 1836(b). (3) An individual described in paragraph (1) whose entitlement for hospital insurance benefits under part A ends by reason of section 226A(b)(2) on or after January 1, 2014, shall be deemed to have enrolled in the medical insurance program established by this part for purposes of coverage of immunosuppressive drugs. . (d) Coverage period for individuals only eligible for coverage of immunosuppressive drugs (1) In general Section 1838 of the Social Security Act (42 U.S.C. 1395(q)) is amended by adding at the end the following new subsection: (g) In the case of an individual described in section 1836(b), the following rules shall apply: (1) In the case of such an individual who is deemed to have enrolled in part B for coverage of immunosuppressive drugs under section 1837(m)(3), such individual’s coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b). (2) In the case of such an individual who enrolls in part B for coverage of immunosuppressive drugs under section 1837(m)(2), such individual’s coverage period shall begin on the first day of the month in which the individual first satisfies section 1836(b) or the month following the month in which the individual so enrolls, whichever is later. (3) The provisions of subsections (b) and (d) shall apply with respect to an individual described in paragraph (1) or (2). (4) In addition to the reasons for termination under subsection (b), the coverage period of an individual described in paragraph (1) or (2) shall end when the individual becomes entitled to benefits under this title under section 226(a), 226(b), or 226A. . (2) Conforming amendments Section 1838(b) is amended in the matter following paragraph (2) by adding or section 1837(m)(3) after section 1837(f) each place it appears. (e) Premiums for individuals only eligible for coverage of immunosuppressive drugs Section 1839 of the Social Security Act ( 42 U.S.C. 1395r ) is amended— (1) in subsection (b), by adding at the end the following new sentence: No increase in the premium shall be effected for individuals who are enrolled pursuant to section 1836(b) for coverage only of immunosuppressive drugs. ; and (2) by adding at the end the following new subsection: (j) Determination of premium for individuals only eligible for coverage of immunosuppressive drugs The Secretary shall, during September of each year, determine and promulgate a monthly premium rate for the succeeding calendar year for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b). Such premium shall be equal to 35 percent of the monthly actuarial rate for enrollees age 65 and over, determined according to paragraph (1), for that succeeding calendar year. The monthly premium of each individual enrolled for coverage of immunosuppressive drugs under section 1836(b) for each month shall be the amount promulgated in this subsection. Such amount shall be adjusted in accordance with subsections (c) and (f). . (f) Government contribution Section 1844(a) of the Social Security Act (42 U.S.C. 1395(w)) is amended— (1) in paragraph (3), by striking the period at the end and inserting ; plus ; (2) by adding at the end the following new paragraph: (4) a Government contribution equal to the estimated aggregate reduction in premiums payable under part B that results from establishing the premium at 35 percent of the actuarial rate under section 1839(j) instead of 50 percent of the actuarial rate for individuals who enroll only for the purpose of coverage of immunosuppressive drugs under section 1836(b). ; and (3) by adding at the end the following flush matter: The Government contribution under paragraph (4) shall be treated as premiums payable and deposited for purposes of subparagraphs (A) and (B) of paragraph (1). . (g) Extension of secondary payer requirements for ESRD beneficiaries eligible for coverage of immunosuppressive drugs Section 1862(b)(1)(C) (42 U.S.C. 1395(y)(b)(1)) is amended by adding at the end the following new sentence: With regard to immunosuppressive drugs furnished to an individual who enrolls for the purpose of coverage of immunosuppressive drugs under section 1836(b) on or after January 1, 2014, this subparagraph shall apply without regard to any time limitation, except that when such individual becomes entitled to benefits under this title under sections 226(a) or 226(b), or entitled to or eligible for benefits under this title under section 226A, the provisions of subparagraphs (A) and (B), and the time limitations under this subparagraph, respectively, shall apply. . (h) Ensuring coverage under the Medicare savings program Section 1905(p)(1)(A) of the Social Security Act ( 42 U.S.C. 1396d(p)(1)(A) ) is amended by inserting or an individual who is enrolled under part B for the purpose of coverage of immunosuppressive drugs under section 1836(b) after section 1818 . (i) Part D Section 1860D–1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w–101(a)(3)(A)) is amended by inserting (but not including an individual enrolled solely for coverage of immunosuppressive drugs under section 1836(b)) before the period at the end.

https://www.govinfo.gov/content/pkg/BILLS-113hr1325ih/xml/BILLS-113hr1325ih.xml

113-hr-1326

I 113th CONGRESS 1st Session H. R. 1326 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Burgess (for himself, Mr. Gene Green of Texas , and Mr. Carter ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to provide for increased price transparency of hospital information and to provide for additional research on consumer information on charges and out-of-pocket costs. 1. Short title This Act may be cited as the Health Care Price Transparency Promotion Act of 2013 . 2. Increasing the transparency of information on hospital charges and making available information on estimated out-of-pocket costs for health care services (a) In general Title XIX of the Social Security Act is amended— (1) in section 1902(a) ( 42 U.S.C. 1396a(a) ), by inserting after paragraph (77) the following new paragraph: (78) provide that the State will establish and maintain laws, in accordance with the requirements of section 1921A, to require disclosure of information on hospital charges, to make such information available to the public, and to provide individuals with information about estimated out-of-pocket costs for health care services; ; and (2) by inserting after section 1921 ( 42 U.S.C. 1396r–2 ) the following new section: 1921A. Increasing the transparency of information on hospital charges and providing consumers with estimates of out-of-pocket costs for health care services (a) In general The requirements referred to in section 1902(a)(78) are that the laws of a State must— (1) in accordance with subsection (b)— (A) require the disclosure of information on hospital charges; and (B) provide for access to such information; and (2) in accordance with subsection (c), require the provision of a statement of the estimated out-of-pocket costs of an individual for anticipated future health care services. (b) Information on hospital charges The laws of a State must— (1) require disclosure, by each hospital located in the State, of information on the charges for certain inpatient and outpatient hospital services (as determined by the State) provided at the hospital; and (2) provide for timely access to such information by individuals seeking or requiring such services. (c) Estimated out-of-Pocket costs The laws of a State must require that, upon the request of any individual with health insurance coverage sponsored by a health insurance issuer, the issuer must provide a statement of the estimated out-of-pocket costs that are likely to be incurred by the individual if the individual receives particular health care items and services within a specified period of time. (d) Rules of construction Nothing in this section shall be construed as— (1) authorizing or requiring the Secretary to establish uniform standards for the State laws required by subsections (b) and (c); (2) requiring any State with a law enacted on or before the date of the enactment of this section that— (A) meets the requirements of subsection (b) or subsection (c) to modify or amend such law; or (B) meets some but not all of the requirements of subsection (b) or subsection (c) to modify or amend such law except to the extent necessary to address the unmet requirements; (3) precluding any State in which a program of voluntary disclosure of information on hospital charges is in effect from adopting a law codifying such program (other than its voluntary nature) to satisfy the requirement of subsection (b)(1); or (4) guaranteeing that the out-of-pocket costs of an individual will not exceed the estimate of such costs provided pursuant to subsection (c). (e) Definitions For purposes of this section: (1) The term health insurance coverage has the meaning given such term in section 2791(b)(1) of the Public Health Service Act. (2) The term health insurance issuer has the meaning given such term in section 2791(b)(2) of the Public Health Service Act, except that such term also includes— (A) a Medicaid managed care organization (as defined in section 1903(m)); and (B) a Medicare Advantage organization (as defined in 1859(a)(1), taking into account the operation of section 201(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003). Section 1856(b)(3) shall not preclude the application to a Medicare Advantage organization or a Medicare Advantage plan offered by such an organization of any State law adopted to carry out the requirements of subsection (b) or (c). (3) The term hospital means an institution that meets the requirements of paragraphs (1) and (7) of section 1861(e) and includes those to which section 1820(c) applies. . (b) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on October 1, 2014. (2) Exception In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely 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 the 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 such session shall be deemed to be a separate regular session of the State legislature. 3. Research on information valued by consumers on charges and out-of-pocket costs for health care services (a) Research on information valued and used by consumers The Director of the Agency for Healthcare Research and Quality (in this section referred to as AHRQ ) shall conduct or support research, pursuant to section 901(b)(1)(D) of the Public Health Service Act ( 42 U.S.C. 299(b)(1)(D) ), on— (1) the types of information on the charges, and out-of-pocket costs, for health care services that individuals find useful in making decisions about where, when, and from whom to receive care; (2) how the types of information valued by individuals for making such decisions vary by whether they have health benefits coverage and, if they do, the type of such coverage they have, such as traditional insurance, health maintenance organizations, preferred provider organizations, and high deductible plans coupled with health savings accounts; and (3) ways in which such information may be made available on a timely basis and in easy-to-understand form to individuals facing such decisions. (b) Report The Director of AHRQ shall report to the Congress on the results of such research not later than 18 months after the date of the enactment of this Act, together with recommendations for ways in which the Federal Government can assist the States in achieving the objective specified in subsection (a)(3). (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1326ih/xml/BILLS-113hr1326ih.xml

113-hr-1327

I 113th CONGRESS 1st Session H. R. 1327 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Engel (for himself, Mr. Rogers of Michigan , and Mr. Sherman ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Financial Services 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 improve United States humanitarian and other assistance to the Syrian people, facilitate the transition of Syria to a democratic government, provide for United States support to the post-Assad government, and for other purposes. 1. Short title This Act may be cited as the Free Syria Act of 2013 . 2. Findings Congress finds the following: (1) For decades the Syrian people have suffered under the oppressive regime of Bashar al-Assad and his father, Hafiz al-Assad. In March 2011, Syrians began peaceful protests against the regime. The regime responded brutally, with murders and mass arrests. During the civil war that ensued, the Assad regime has specifically targeted civilian populations and committed mass atrocities and other war crimes. (2) Over 1,000,000 Syrians have become refugees over the last two years, tens of thousands of others have fled Syria, and more than 2,500,000 are estimated to be displaced within Syria. More than 70,000 Syrians have been killed in the conflict. (3) The replacement of the Assad regime by a democratic government that repudiates terrorism would advance the security of the Syrian people and their neighbors, as well as that of the United States. (4) The prolongation of fighting in Syria is likely to enhance the strength of religious extremist forces, as well as the prospect that such forces will exert significant influence following Assad’s fall. (5) The Governments of Iran and Russia continue to provide the Assad regime with the advanced weapons and support necessary to continue its campaign of slaughter against its own people. (6) Syria is one of the most hazardous environments in the world for humanitarian aid providers. The Syrian regime has established a pattern of targeting aid distribution points, including bakeries, bread lines, medical facilities, and even employees of the Syrian Arab Red Crescent. (7) The course of the Syrian transition and its future leadership may depend on what the United States does now to save Syrian lives, alleviate suffering, and help Syrians determine their own future. (8) Syria has been on the United States list of state sponsors of terrorism since the inception of that list in 1979. Under the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003, Syria’s continuing provision of material support and safe haven for terrorist organizations make it subject to broad legislatively mandated penalties, including export sanctions and ineligibility to receive most forms of United States aid or to purchase United States military equipment. 3. Sense of Congress It is the sense of the Congress that— (1) the United States should increase its humanitarian support for individuals affected by the brutal conflict in Syria—refugees, internally displaced persons (IDPs), and others—and should urge its friends and allies to do likewise; (2) Jordan, Turkey, and Lebanon should be commended for keeping their borders open and providing other support to individuals fleeing the violence and upheaval in Syria and for allowing them to seek international protection; (3) the President should urge countries in the region to keep their borders open to refugees and to comply with international humanitarian and refugee law; (4) the President should urge the United Nations High Commissioner for Refugees to expedite protection and resettlement of the most vulnerable Syrian refugees; (5) in view of the violence and bloodshed in Syria, the President should provide temporary immigration relief measures, including renewal of Temporary Protected Status, expedited requests for change or extension of nonimmigrant status, expedited processing of immigrant petitions for Syrians in the United States, and granting humanitarian parole to Syrian nationals with approved immigrant petitions waiting abroad; (6) to the extent feasible, the United States should coordinate its assistance to Syrian refugees and to individuals inside Syria with the Syrian Opposition Coalition’s Assistance Coordination Unit; (7) the Assad regime has committed manifold war crimes and crimes against humanity, and the individuals responsible must be brought to justice; (8) the United States should pursue appropriate mechanisms to hold accountable individuals responsible for war crimes and crimes against humanity in Syria; (9) United States military assistance should be provided only to groups that demonstrate a commitment to— (A) securing and safeguarding, and ultimately eliminating, Syrian chemical, biological, radiological, and nuclear weapons-related materials that come under their control; (B) full cooperation with the United States and the international community in accomplishing that goal; and (C) respecting all previous international agreements that have been signed by Syria, including agreements reached under the auspices of the United Nations; (10) the United States should work in cooperation with its friends and allies to provide non-lethal military equipment, such as helmets and body armor, to friendly Syrian opposition military forces; (11) all countries, and especially Iraq, should deny use of their airspace to Syrian-bound Iranian aircraft, unless those aircraft have first been forced to land, are thoroughly inspected, and found to be weapons-free; and (12) the United States and its international partners should take concrete steps to ensure that women are full and equal participants in all negotiations regarding the future of Syria and in all transitional and future government institutions. 4. Definitions In this Act— (1) the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; (2) the term economic assistance means foreign assistance other than assistance provided to or for the benefit of foreign security forces; (3) the term entity means any association, partnership, body, organization, unit, or group; (4) the term foreign terrorist organization means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); (5) the terms humanitarian assistance and humanitarian accounts include— (A) assistance under chapter 9 of Part I of the Foreign Assistance Act of 1961; (B) emergency food assistance under title II of the Food for Peace Act ( Public Law 83–480 ); (C) refugee and migration assistance under the Migration and Refugee Act of 1962; and (D) any other economic assistance provided to address basic human needs; (6) the term post-Assad Government of Syria means a government of Syria that meets the requirements specified in section 301(a); (7) the terms defense article , defense information , defense service , military education and training , and value have the meanings given such terms in section 644 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403 ); (8) the term Administrator means the Administrator of the United States Agency for International Development; and (9) the term Secretary means the Secretary of State. I Humanitarian and Economic Assistance 101. Humanitarian principles United States humanitarian assistance to address the Syrian conflict shall be conducted in accordance with the following principles: (1) The central purpose of humanitarian assistance is to save lives, alleviate human suffering, and protect vulnerable populations wherever possible. (2) Humanitarian assistance should be impartial, based solely on and in proportion to need, without discrimination between or within affected populations, and without regard to the political views, national origin, or religious affiliation of the beneficiaries. (3) Humanitarian assistance should be neutral, without furthering a political or religious agenda or favoring any side in an armed conflict or other dispute where such humanitarian assistance is carried out. (4) Humanitarian assistance should be independent, without regard to the political, economic, military, or other objectives that any actor may hold in relation to the affected areas and populations. (5) Humanitarian assistance should be undertaken in accordance with international human rights law, international humanitarian law, refugee law, and the United Nations Guiding Principles on Internal Displacement. (6) Humanitarian assistance includes protection of affected populations from physical harm, persecution, exploitation, abuse, family separation, sexual and gender-based violence, forcible recruitment, and other threats to human rights. (7) To best ensure impartiality, neutrality, independence, and the appearance thereof, humanitarian assistance should be carried out by intergovernmental and nongovernmental international humanitarian organizations, in partnership with local communities and indigenous organizations. (8) To promote learning, accountability, transparency, and the efficient use of resources, the United States should support independent monitoring and evaluation of all humanitarian assistance. 102. Protecting women, children, and other vulnerable populations Of the amounts made available for any fiscal year to carry out this Act, the President is authorized, notwithstanding any other provision of law, to provide such assistance as may be necessary for protection of populations affected by the conflict in Syria, especially including— (1) clinical care and psychosocial support for sexual violence survivors; (2) improving safety for women, children, and other vulnerable populations, in camps and settlements for refugees and internally displaced persons; (3) working to minimize forced marriage, domestic violence, and sexual exploitation; and (4) case management for separated and other vulnerable children. 103. Medical neutrality (a) Prohibition No assistance may be provided under this Act to any entity if the Secretary of State has credible evidence that such entity knowingly has been involved in— (1) organized attacks on health care facilities, health care providers, patients, medical transport, medical supplies, or medical records; (2) preventing medical professionals from administering ethical medical care to individuals in need; or (3) the arbitrary arrest or detention of health care service providers or individuals seeking medical care. (b) Requirement Any agreement for the provision of medical or health-related assistance under this Act shall expressly require that such assistance shall be used in accordance with the principles established in the Geneva Conventions and the World Medical Association’s International Code of Medical Ethics for health care providers. 104. Transfer authority In addition to other authorities available to transfer funds, the Secretary of State may exercise the authority under this section to transfer to, and merge with, any humanitarian account such sums as may be necessary from amounts which have been made available to carry out any provision of the Foreign Assistance Act of 1961, and which have not been specifically designated by law for any particular program or activity, to address humanitarian needs arising as a result of the conflict in Syria. 105. Emergency refugee and migration assistance Section 2(c) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601(c) ) is amended in paragraph (1), by striking President and inserting Secretary of State . 106. Economic assistance to opposition-allied local coordination committees Of the amounts made available for any fiscal year to carry out this Act, the President is authorized to make available such assistance as may be necessary to enhance the capacity, performance, and accountability of Syrian opposition-allied local coordination committees, including support for— (1) providing basic services to civilian populations; (2) carrying out administrative and management functions; (3) improving communications, transparency, and public outreach; (4) prevention, research, and documentation of mass atrocities; (5) increasing understanding of and respect for internationally recognized human rights and democratic principles; and (6) preparing for a peaceful, democratic transition. 107. Civilian broadcasting to Syria (a) Authorization of United States civilian broadcasting to Syria In addition to amounts made available for grants for broadcasting in the Middle East and the International Broadcasting Operations of the Broadcasting Board of Governors, such sums as may be necessary are authorized to be appropriated for a grant to the Middle East Broadcasting Networks, Inc., for the purpose of providing United States civilian broadcasting to the people of Syria. (b) Report Not later than 30 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a detailed report on plans to establish the service described in subsection (a). 108. Marking and branding of assistance (a) Requirement Economic assistance made available under this Act shall be marked as being From the American People and shall include a representation of the United States flag. (b) Applicability The requirement of subsection (a) shall be applicable to all— (1) articles; and (2) program, project, and activity sites. (c) Unified brand The marking of assistance made available under this Act shall not include any logo of a particular Federal department or agency or division thereof. (d) Relationship to other provisions of law and regulations The provisions of this section shall be applicable notwithstanding any other provision of law, and notwithstanding any Federal regulation, agency guidance, or procedure to the contrary. (e) Ongoing programs To the extent it is feasible and cost effective to do so, the marking or branding of articles and program, project, and activity sites financed pursuant to ongoing agreements, including grants, contracts, and cooperative agreements, to address the conflict in Syria shall be conformed to meet the requirements of this section. (f) Exceptions The requirements of subsection (a) shall not apply— (1) to a project or activity if the relevant Assistant Secretary of State or Assistant Administrator of the United States Agency for International Development determines that the marking of such project or activity would— (A) jeopardize the health, safety, or human rights of a partner or intended beneficiary; or (B) be detrimental to the achievement of project or activity objectives; (2) to assistance provided inside Syria if the Secretary of State determines that the marking of such assistance would be detrimental to the achievement of overall United States foreign policy objectives in Syria; (3) to office space occupied by a contractor or grantee, or to housing, personal vehicles, or other personal property of employees thereof; or (4) to a project or activity for which the United States is one among many donors or has contributed a small proportion of the total costs. (g) Exemption from determination A determination under subsection (f)(2) shall not preclude the Secretary of State from requiring that specific projects or activities financed by the United States be subject to the requirements of subsection (a). (h) Co-Branding The requirements of subsection (c) shall not prohibit the identification of assistance with a contractor or grantee’s own organizational brand or logo, subject to any standards or regulations that the President may establish. II Security Assistance 201. Sense of Congress regarding military assistance It is the sense of Congress that— (1) the President should provide appropriate military assistance, including arms, training, and intelligence support, for Syrian opposition forces that meet the requirements of section 203; (2) a primary goal of military assistance should be to integrate the disparate units of the Free Syria Army into a coherent, effective fighting force under a unified command; and (3) the United States should take the initiative to ensure, insofar as possible, that arms supplied to the Syrian opposition, from whatever source, are appropriately vetted and are directed only to forces that support the establishment of a democratic and peaceful Syria. 202. Military assistance (a) Drawdown authority The President is authorized, notwithstanding any other provision of law, to direct the drawdown of defense articles from the stocks of the Department of Defense, defense services from the Department of Defense, and military education and training for an entity operating inside Syria that is not ineligible under section 203. Such assistance may include the following: (1) Non-lethal military equipment and defense information, including— (A) protective gear, including flak jackets and other forms of body armor; (B) individual equipment, tents, and organizational tool sets; and (C) communications equipment. (2) Subject to the President making the certification required under subsection (g), lethal military equipment, including— (A) defense articles; and (B) defense services. (b) Restriction Defense articles provided pursuant to this section may not include anti-aircraft defensive systems. (c) Waiver The President may waive the restriction under subsection (b) if— (1) it is in the vital national security interest to do so; (2) the President notifies Congress not later than 15 days before such waiver shall be issued; (3) the President transmits to the appropriate congressional committees a report described in subsection (h) with the certification required under subsection (g) specifically with respect to anti-aircraft systems not later than 15 days before the issuance of such a waiver; and (4) the President certifies that the United States has consulted with regional allies regarding the systems provided. (d) Notification requirement The President shall notify the appropriate congressional committees at least 15 days in advance of each obligation of assistance under this section, including a detailed description of the assistance to be provided, in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ). (e) Reimbursement relating to military assistance (1) In general Defense articles, defense services, and military education and training provided under subsection (a) shall be made available without reimbursement to the Department of Defense except to the extent that funds are appropriated pursuant to paragraph (2). (2) Authorization of appropriations There are authorized to be appropriated to the President for fiscal year 2013 such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value of the defense articles, defense services, or military education and training provided under subsection (a) of this section. (f) Availability of funds Amounts authorized to be appropriated under this section are authorized to remain available until expended, and are in addition to amounts otherwise available for the purposes described in this section. (g) Certification The President shall certify, and include in each notification submitted pursuant to subsection (a)(2) and (c)(3), that the defense articles, defense services, and military education and training to be provided under this section to an entity operating inside Syria are consistent with the maintenance of regional stability and with the overall security and stability of neighboring friends and allies. (h) Report The report referred to in subsection (c)(3) is a report that contains a detailed description of the following: (1) The intended recipients of the anti-aircraft defense systems that are at issue. (2) The areas where such systems would be deployed. (3) The targets against which such systems would be deployed. (4) An assessment of how such systems would affect the military and humanitarian situation in Syria. (5) An assessment of the risks and benefits of the intended transfer of such systems. 203. Vetting of assistance (a) Ineligible entities Assistance under this title may not be provided to an entity that fails to demonstrate a commitment to— (1) opposing and defeating the Assad regime; (2) establishing a democratic, pluralistic, and peaceful Syria; and (3) securing and safeguarding chemical and biological weapons, their precursor and constituent parts, and associated equipment. (b) Prohibition No assistance may be provided under this title to an entity that has been designated as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), or as a Specially Designated Terrorist Organization under the terms and authorities of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (c) Requirement To the maximum extent practicable, assistance under this Act shall be provided in accordance with section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d). 204. Authority for program to facilitate Syrian chemical and biological weapons destruction (a) In general Notwithstanding any other provision of law, the President may establish a program described in subsection (b) to assist the securing, disabling, dismantling, removal, and destruction of Syrian chemical and biological weapons and all other weapons of mass destruction, their precursor and constituent parts, and associated equipment. (b) Type of program A program established under this section shall be limited to cooperation between the United States and a Syrian entity to— (1) secure, safeguard, disable, dismantle, transport out of Syria, or destroy chemical and biological weapons, their precursor and constituent parts and associated equipment, and (2) establish verifiable safeguards against the proliferation of such weapons. Any such program may involve assistance in planning and resolving technical problems associated with the purposes of the program. Any such program may also involve the funding of critical short-term requirements related to weapons destruction and should, to the extent feasible, draw upon United States technology and United States technicians. (c) Funding (1) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary for fiscal year 2013, to be available until expended, for the activities of the program described in this section. (2) Drawdown authority The President may direct, in order to meet the goals of the program described in this section, the drawdown of articles and services from any Federal department or agency in any fiscal year, in addition to any other drawdown authority available to the President. (3) Transfer authority In addition to any other transfer authority available to the President, the President may exercise the authority of this paragraph to transfer to, and merge with, funds made available to carry out this section such sums as may be necessary which have been made available to carry out any other provision of law. (4) Report on proposed obligations Not less than 15 days before obligating any funds, drawing down any articles or services from a Federal department or agency, or transferring any appropriated funds from another account, for the program described in this section, the President shall transmit to Congress a report on such proposed obligation, drawdown, or transfer. Each such report shall specify— (A) the account, budget activity, and particular program or programs from which the funds proposed to be obligated, drawndown, or transferred are to be derived, and the amount of such proposed obligation, drawdown, or transfer; and (B) the activities and forms of assistance for which the President plans to obligate such funds. (d) Quarterly reports on program Not later than 30 days after the end of each quarter during which the United States has been engaged in activities pursuant to a program established under this section, the President shall transmit to Congress a report on such activities. Each such report shall specify, for the preceding quarter and cumulatively, at a minimum a description of the following: (1) The activities carried out. (2) The types and amounts of assistance provided for such activities. (3) The entities receiving such assistance. (4) The sources of funds and authorities under which they were provided. (5) The United States departments or agencies providing such assistance. 205. Rule of construction Nothing in this Act may be construed to authorize the use of military force in Syria by the United States Armed Forces. III Transition Assistance 301. Post-Assad transition assistance (a) In general The President is authorized, after making a determination described in subsection (b) and notwithstanding any other provision of law, to— (1) provide assistance; (2) make contributions; and (3) use the voice, vote, and influence of the United States in international financial institutions for the purposes described in subsection (c). (b) Determination The determination referred to in subsection (a) is a determination by the President, which shall be transmitted in writing to the appropriate congressional committees, that— (1) the regime of Bashar al-Assad is no longer in power; (2) the United States has recognized a transitional government; and (3) such transitional government is not controlled by an organization designated as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (c) Purposes Assistance under this section may be made available for the following purposes: (1) Developing or strengthening democratic institutions and processes. (2) Short-term economic and political stabilization. (3) Reconstructing or revitalizing basic infrastructure. (4) Fostering reconciliation and the peaceful resolution of conflict. 302. Temporary suspension of sanctions (a) Suspension of sanctions The President may suspend in furtherance of this Act the requirements of the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 ( Public Law 108–175 ), section 7007 of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ), and any other provision of law relating to assistance, trade, finance, the provision of defense articles and defense services, and the issuance of visas to nationals of Syria for a period not to exceed three months if the President transmits to the appropriate congressional committees in writing a determination that the post-Assad government of Syria is demonstrating a verifiable commitment to— (1) ceasing support for terrorists, including Hizballah; (2) preventing the illegal transfer of missile or nuclear technology to any other country or entity; (3) halting all support, including training, safe haven, supplies, and financing, for— (A) Hamas, Hizballah, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, the Popular Front for the Liberation of Palestine-General Command, the Democratic Front for the Liberation of Palestine, Fatah al-Intifada, Fatah al-Islam, or the Jabhat al-Nusra; (B) any other organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); (C) any person included on the Annex to Executive Order 13224 (September 23, 2001) and any other person identified under section 1 of such Executive Order whose property and interests in property are blocked by such section (commonly known as a specially designated global terrorist ); (D) any person designated under section 3 of Executive Order 13338 (May 13, 2004) or under section 1 of Executive Order 13438 (July 17, 2007); (E) the Syrian Social Nationalist Party; or (F) any agency, instrumentality, affiliate, or successor organization of the organizations specified in subparagraph (A), (B), (C), (D), or (E); (4) dismantling Syria’s chemical, biological, radiological, and nuclear weapons programs and fully cooperating with the United States and other relevant parties to achieve such result; (5) ceasing all efforts to design, develop, manufacture, or acquire— (A) a nuclear explosive device or related materials and technology; (B) chemical, biological, and radiological weapons; and (C) ballistic missiles and ballistic missile launch technology; and (6) taking demonstrable steps to combat the proliferation of the weapons described in paragraph (5); (7) refraining from presenting a threat to United States national security, United States interests, or United States allies in the region; (8) respecting the boundaries and sovereignty of all neighboring countries and rejecting interference in their internal affairs; and (9) upholding and defending the human rights, civil liberties, and political freedoms of all its people, including minorities. (b) Renewal The President may renew the suspension of sanctions under this section for up to two consecutive six-month periods if the President transmits to the appropriate congressional committees in writing a determination that the post-Assad government of Syria is making substantial progress toward satisfying the conditions in specified in subsection (a). (c) Further renewal If the maximum number of suspension renewals specified in subsection (b) has been reached, the President may further renew the suspension of sanctions under this section for additional six-month periods if the President transmits to the appropriate congressional committees in writing a determination that the post-Assad government has substantially satisfied the conditions specified in paragraphs (1) through (8) of subsection (a) and is continuing to make substantial progress toward satisfying the conditions specified in paragraph (9) of such subsection. 303. Temporary personnel authorities (a) Conditional authority If the President makes the determination described in section 301(b), the following authorities shall apply: (1) Limited career appointments The Secretary and the Administrator may extend for a period of time not to exceed 12 months a limited appointment under section 309(a) of the Foreign Service Act of 1980 ( 22 U.S.C. 3949(a) ), and may reappoint a non-career Foreign Service employee who has served five consecutive years under a limited appointment, to a subsequent limited appointment in order to facilitate the assignment of qualified employees to Syria or to posts vacated by employees assigned to Syria. (2) Reemployment of annuitants The Secretary and the Administrator may waive the application of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), and may grant authority to the head of an executive agency to waive the application of such subsections, on a case-by-case basis for an annuitant reemployed on a temporary basis, if and for so long as such waiver is necessary to facilitate the assignment of qualified employees to Syria or to posts vacated by employees assigned to Syria. (3) Personal services contractors (A) In general The Secretary of State and the Administrator of the United States Agency for International Development may each hire a total of up to 50 United States citizens or aliens as personal services contractors, for service in the United States, or for service both in the United States and abroad, subject to the following conditions: (i) The Secretary or the Administrator, as the case may be, determines that existing personnel resources are insufficient. (ii) The contract length, including options, may not exceed two years, unless the Secretary or the Administrator, as the case may be, makes a finding that exceptional circumstances justify an extension of up to one additional year. (iii) The authority provided in this paragraph may only be used to obtain specialized skills or experience relevant to, or to respond to urgent needs resulting from, the transition in Syria. (B) Authority The authority provided in this paragraph shall be in addition to any other authorities available to the Secretary or the Administrator to hire personal service contractors. (b) Status of personal services contractors (1) In general An individual hired as a personal services contractor pursuant to subsection (a)(3) shall not, by virtue of such hiring, be considered to be an employee of the United States Government for purposes of any law administered by the Office of Personnel Management. (2) Applicable laws An individual hired as a personal services contractor pursuant to subsection (a)(3) shall be covered, in the same manner as a similarly situated employee, by— (A) the Ethics in Government Act of 1978; (B) chapter 73 of title 5, United States Code; (C) sections 201, 203, 205, 207, 208, and 209 of title 18, United States Code; (D) section 1346 and chapter 171 of title 28, United States Code; and (E) chapter 21 of title 41, United States Code. (3) Exception This subsection shall not affect the determination as to whether an individual hired as a personal services contractor pursuant to this section is an employee of the United States Government for purposes of any Federal law not specified in paragraphs (1) and (2). (c) General authority The administrative authorities provided in the Foreign Assistance Act of 1961 shall apply to assistance made available under this Act. (d) Termination of authority The authorities provided under subsection (a) shall terminate on the date that is three years after the date on which a determination is made under section 301(a), except that a contract entered into under such subsection (a) may remain in effect until expiration.

https://www.govinfo.gov/content/pkg/BILLS-113hr1327ih/xml/BILLS-113hr1327ih.xml

113-hr-1328

I 113th CONGRESS 1st Session H. R. 1328 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. George Miller of California (for himself, Mr. Markey , Mr. Sablan , Mr. Pierluisi , Mr. Young of Alaska , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Great Ape Conservation Act, and for other purposes. 1. Short title This Act may be cited as the Great Ape Conservation Reauthorization Amendments Act of 2013 . 2. Amendment and reauthorization of Great Ape Conservation Act The Great Ape Conservation Act of 2000 is amended as follows: (1) Multiyear grants In section 4 ( 16 U.S.C. 6303 ), by adding at the end the following new subsections: (j) Multiyear Grants (1) In general The Secretary may award a multiyear grant under this section to a person who is otherwise eligible for a grant under this section, to carry out a project that the person demonstrates is an effective, long-term conservation strategy for great apes and their habitats. (2) Annual grants not affected This subsection shall not be construed as precluding the Secretary from awarding grants on an annual basis. . (2) Panel of experts In section 4(i) ( 16 U.S.C. 6303(i) )— (A) in paragraph (1), by— (i) striking Every 2 years and inserting Within one year after the date of the enactment of the Great Ape Conservation Reauthorization Amendments Act of 2013 , and every 5 years thereafter ; (ii) striking may convene and inserting shall convene ; (iii) inserting and priorities after needs ; and (iv) adding at the end the following new sentence: The panel shall, to the extent practicable, include representatives from foreign range states with expertise in great ape conservation. ; and (B) by redesignating paragraph (2) as paragraph (4), and inserting after paragraph (1) the following new paragraphs: (2) In identifying conservation needs and priorities under paragraph (1), the panel shall consider relevant great ape conservation plans or strategies including scientific research and findings related to— (A) the conservation needs and priorities of great apes; (B) regional or species-specific action plans or strategies; (C) applicable strategies developed or initiated by the Secretary; and (D) any other applicable conservation plan or strategy. (3) The Secretary, subject to the availability of appropriations, may pay expenses of convening and facilitating meetings of the panel. . (3) Administrative expenses limitation In section 5(b)(2) ( 16 U.S.C. 6304(b)(2) ), by striking $100,000 and inserting $150,000 . (4) Authorization of appropriations In section 6 ( 16 U.S.C. 6305 ), by striking 2006 through 2010 and inserting 2014 through 2018 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1328ih/xml/BILLS-113hr1328ih.xml

113-hr-1329

I 113th CONGRESS 1st Session H. R. 1329 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Pierluisi (for himself, Mr. Young of Alaska , Mr. George Miller of California , Mr. Rangel , Mr. Faleomavaega , Mr. Moran , Mr. Farr , Ms. Lofgren , Mrs. Christensen , Mr. Grijalva , Ms. Bordallo , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Marine Turtle Conservation Act of 2004, and for other purposes. 1. Short title This Act may be cited as the Marine Turtle Conservation Reauthorization Act of 2013 . 2. Amendments to provisions preventing funding of projects in the United States (a) In general The Marine Turtle Conservation Act of 2004 is amended— (1) in section 2(b) (16 U.S.C. 6601(b)), by striking in foreign countries ; (2) in section 3(2) (16 U.S.C. 6602(2))— (A) in the matter preceding subparagraph (A), by striking in foreign countries ; and (B) in subparagraph (D), by striking of foreign countries ; and (3) in section 4 (16 U.S.C. 6603)— (A) in subsection (b)(1)(A), by inserting State or before foreign country ; and (B) in subsection (d), by striking in foreign countries . (b) Definitions Section 3 of such Act ( 16 U.S.C. 6602 ) is amended by adding at the end the following new paragraphs: (7) State The term State means each of the several States of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and any Indian tribe. (8) United States The term United States , when used in the geographic sense, means the several States of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States and any waters within the jurisdiction of the United States . 3. Projects in the United States Section 5(b) of the Marine Turtle Conservation Act of 2004 ( 16 U.S.C. 6604(b) ) is amended— (1) in paragraph (2), by striking $80,000 and inserting $150,000 ; and (2) by adding at the end the following new paragraph: (3) Projects in the United States Not less than 20 percent of the amounts made available from the Fund for any fiscal year may be used for projects relating to the conservation of marine turtles in the United States. . 4. Reauthorization of the Marine Turtle Conservation Act of 2004 Section 7 of the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6606) is amended by striking each of fiscal years 2005 through 2009 and inserting each of fiscal years 2014 through 2018 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1329ih/xml/BILLS-113hr1329ih.xml

113-hr-1330

I 113th CONGRESS 1st Session H. R. 1330 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Bass (for herself, Ms. Wilson of Florida , Mr. Hinojosa , Ms. Fudge , Mrs. Christensen , Ms. Clarke , Mr. Al Green of Texas , Mr. Payne , Mr. Johnson of Georgia , Mr. Clyburn , Mr. Clay , Mr. Watt , Mr. Cleaver , Mr. Danny K. Davis of Illinois , Mr. Hastings of Florida , Mr. Scott of Virginia , Ms. Lee of California , Mr. Richmond , Mr. Lewis , Ms. Brown of Florida , Ms. Edwards , Mr. Conyers , Ms. Norton , Ms. Jackson Lee , Mr. Rangel , Ms. Bordallo , Mr. Sablan , Ms. Moore , Mr. Ryan of Ohio , Mr. Gene Green of Texas , Mr. Jeffries , Mr. Schiff , Mr. Bishop of Georgia , Ms. Lofgren , Ms. Brownley of California , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Financial Services and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To increase purchasing power, strengthen economic recovery, and restore fairness in financing higher education in the United States through student loan forgiveness, caps on interest rates on Federal student loans, and refinancing opportunities for private borrowers, and for other purposes. 1. Short title This Act may be cited as the Student Loan Fairness Act . 2. Findings Congress finds the following: (1) A well-educated citizenry is critical to our Nation’s ability to compete in the global economy. (2) The Federal Government has a vested interest in ensuring access to higher education. (3) Higher education should be viewed as a public good benefitting our country rather than as a commodity solely benefitting individual students. (4) Recently, total outstanding student loan debt officially surpassed total credit card debt in the United States in 2010, and is on track to exceed $1,000,000,000,000. (5) Excessive student loan debt is impeding economic growth in the United States. Faced with excessive repayment burdens, many individuals are unable to start businesses, invest, or buy homes. Relieving student loan debt would give these individuals greater control over their earnings and would increase entrepreneurship and demand for goods and services. (6) Because of soaring tuition costs, students often have no choice but to amass significant debt to obtain an education that is widely considered a prerequisite for earning a living wage. (7) Amidst rising tuition rates and stagnant grant funding, many students are forced to supplement Federal loans with private loans, which frequently feature higher interest rates with fewer consumer protections. (8) A borrower who experiences an extended hardship for whatever reason, or a borrower who experiences a series of separate hardships over a longer period of time, will often have no choice but to default on his or her private student loans. Opportunities to put such private loans into forbearance are limited. (9) During the period of forbearance on private student loans, interest continues to accrue and is capitalized, and once the borrower comes out of forbearance, he or she owes significantly more on the principal of the loan than before the hardship period began. 3. 10/10 Loan Repayment and Forgiveness Part G of title IV of the Higher Education Act of 1965 is amended by adding at the end the following: 493E. 10/10 Loan Repayment and Forgiveness (a) 10/10 Loan Repayment Plan (1) 10/10 Loan Repayment Plan authorized Notwithstanding any other provision of this Act, the Secretary shall carry out a program (to be known as the 10/10 Loan Repayment Plan ) under which— (A) a borrower of an eligible loan who is eligible under paragraph (3) may elect to have the borrower's aggregate monthly payment for all such loans not exceed the monthly payment amount described in paragraph (2); (B) any interest due and not paid under a monthly payment under this subsection— (i) shall continue to accrue; and (ii) shall be capitalized up to an amount equal to 10 percent of the original principal amount of all the eligible loans that the borrower is repaying under this subsection; (C) any principal due and not paid under a monthly payment under this subsection shall be deferred, and shall be forgiven in accordance with subsection (b) if the borrower meets the requirements for forgiveness under such subsection; (D) the amount of time the borrower makes monthly payments under this subsection may exceed 10 years; (E) a borrower who is repaying an eligible loan pursuant to 10/10 Loan Repayment under this subsection may elect, at any time, to terminate repayment pursuant to 10/10 Loan Repayment and repay such loan under the standard repayment plan, in which case the amount of time the borrower is permitted to repay such loans may exceed 10 years; and (F) the special allowance payment to a lender calculated under section 438(b)(2)(I), when calculated for a loan in repayment under this section, shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section. (2) 10/10 Loan Repayment monthly payment formula A borrower who has elected to participate in the 10/10 Loan Repayment Plan under this subsection shall, during each month the borrower is participating in such Plan, make a monthly payment in an amount equal to— (A) one-twelfth of the amount that is 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which— (i) the borrower’s, and the borrower’s spouse’s (if applicable), adjusted gross income; exceeds (ii) 150 percent of the poverty line applicable to the borrower’s family size as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ); or (B) in the case of a borrower who is in deferment due to an economic hardship described in section 435(o), $0. (3) Eligibility The Secretary shall establish procedures for annually determining the borrower's eligibility for 10/10 Loan Repayment, including verification of a borrower's annual adjusted gross income and the annual amount due on the total amount of eligible loans, and such other procedures as are necessary to effectively implement 10/10 Loan Repayment under this subsection. (4) Special rule for married borrowers filing separately In the case of a married borrower who files a separate Federal income tax return, the Secretary shall calculate the amount of the borrower's 10/10 Loan Repayment under this subsection solely on the basis of the borrower's student loan debt and adjusted gross income. (b) 10/10 Loan Forgiveness (1) In general The Secretary shall carry out a program (to be known as the 10/10 Loan Forgiveness Program ) to forgive a qualified loan amount, in accordance with paragraph (3) , on an eligible loan for a borrower who, after the date that is 10 years prior to the date of enactment of the Student Loan Fairness Act , has made 120 monthly payments on the eligible loan pursuant to any one or a combination of the following: (A) Monthly payment under the 10/10 Loan Repayment Plan under subsection (a) . (B) Monthly payment under any other repayment plan authorized under part B or D of an amount that, for a given month, is not less than the monthly payment amount calculated under subsection (a) that the borrower would have owed in the year in which such payment was made, based on the borrower’s adjusted gross income and eligible loan balance for such year. (C) For any month after such date during which the borrower is in deferment due to an economic hardship described in section 435(o), monthly payment of $0. (2) Method of loan forgiveness To provide loan forgiveness under paragraph (1) , the Secretary is authorized to carry out a program— (A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under part B of this title; and (B) to cancel a qualified loan amount for a loan made under part D of this title. (3) Qualified loan amount After the borrower has made 120 monthly payments described in paragraph (1) , the Secretary shall forgive— (A) with respect to new borrowers on or after the date of enactment of the Student Loan Fairness Act , the sum of— (i) the balance of principal and fees due on the borrower’s eligible loans as of the time of such forgiveness, not to exceed $45,520; and (ii) the amount of interest that has accrued on the balance described in clause (i) as of the time of such forgiveness; or (B) with respect to any other eligible borrower, the balance of principal, interest, and fees due on the borrower’s eligible loans as of the time of such forgiveness. (4) Exclusion from taxable income The amount of a borrower’s eligible loans forgiven under this section shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986. (c) Supporting documentation required A borrower who has elected to participate in the 10/10 Loan Repayment Plan under subsection (a), or who is requesting forgiveness under the 10/10 Loan Forgiveness Program under subsection (b) , shall provide to the Secretary such information and documentation as the Secretary determines, by regulation, to be necessary to verify the borrower’s adjusted gross income and payment amounts made on eligible loans of the borrower for the purposes of such Plan or Program. (d) Definition of eligible loan In this section the term eligible loan means any loan made, insured, or guaranteed under part B or D. . 4. Capping interest rates for all Federal Direct loans Section 455(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b) ) is amended— (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following: (8) Rate of interest for all new Federal Direct loans Notwithstanding any other provision of this Act, with respect to a loan under this part for which the first disbursement of principal is made (or in the case of a Federal Direct Consolidation Loan, for which the application is received) on or after July 1, 2013, or the date of enactment of the Student Loan Fairness Act , whichever is later, the applicable rate of interest shall not exceed 3.4 percent. . 5. 10/10 Loan Repayment Plan as plan selected by the Secretary (a) FFEL Loans (1) In general Section 428(b) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(9)) is amended— (A) in subparagraph (A)— (i) by striking and at the end of clause (iv); (ii) in clause (v), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new clause: (vi) beginning July 1, 2013, a 10/10 Loan Repayment Plan, with varying annual repayment amounts based on the discretionary income of the borrower, in accordance with section 493E. ; and (B) in subparagraph (B), by striking (A)(i) and inserting (A)(vi) . (2) Effective date The amendment made by paragraph (1)(B) shall be effective beginning July 1, 2013. (b) Direct Loans (1) In general Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is amended— (A) in paragraph (1)— (i) by striking and at the end of subparagraph (D); (ii) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following new subparagraph: (F) beginning on July 1, 2013, a 10/10 Loan Repayment Plan, with varying annual repayment amounts based on the discretionary income of the borrower, in accordance with section 493E. ; and (B) in paragraph (2)— (i) by striking may and inserting shall ; and (ii) by striking (A), (B), or (C) and inserting (F) . (2) Effective date The amendment made by paragraph (1)(B) shall be effective beginning July 1, 2013. 6. Improving and expanding Public Service Loan Forgiveness Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) is amended— (1) in paragraph (1), by striking 120 and inserting 60 each place it appears; and (2) in paragraph (3)(B)— (A) in clause (i), by striking or after the semicolon; (B) in clause (ii), by striking the period and inserting ; or ; and (C) by adding at the end the following: (iii) a full-time job as a primary care physician in an area or population designated as a Medically Underserved Area or Population by the Health Resource and Services Administration. . 7. Refinancing private education loans for certain borrowers (a) Consolidation for certain borrowers Section 455(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(g) ) is amended— (1) by striking A borrower and inserting the following: (1) In general A borrower ; (2) by inserting , and any loan described in paragraph (2) after July 1, 2010 ; and (3) by adding at the end the following new paragraph: (2) Consolidation of private education loans as a Federal Direct Consolidation Loan for certain borrowers (A) In general Notwithstanding any other provision of law, a borrower who meets the eligibility criteria described in subparagraph (B) shall be eligible to obtain a Federal Direct Consolidation loan under this paragraph that— (i) shall include an eligible private education loan; and (ii) may include a loan described in section 428C(a)(4). (B) Eligible borrower A borrower of an eligible private education loan is eligible to obtain a Federal Direct Consolidation Loan under this paragraph if the borrower— (i) was eligible to borrow a loan under section 428H, a Federal Direct Unsubsidized Stafford Loan, a loan under section 428B, or a Federal Direct PLUS loan for a period of enrollment at an institution of higher education, or, with respect to a borrower who was enrolled at an institution of higher education on less than a half-time basis, would have been eligible to borrow such a loan for such period of enrollment if the borrower had been enrolled on at least a half-time basis; (ii) borrowed at least one eligible private education loan for a period of enrollment described in clause (i) ; and (iii) has an average adjusted gross income (based on the borrower’s adjusted gross income from the 3 most recent calendar years before application for consolidation under this section) that is equal to or less than the borrower’s total education debt (determined by calculating the sum of the borrower’s loans described in section 428C(a)(4) and eligible private education loans) at the time of such application. (C) Definition of eligible private education loan For purposes of this paragraph, the term eligible private education loan means a private education loan (as such term is defined in section 140 of the Truth in Lending Act (15 U.S.C. 1650)) made on or before the date of enactment of the Student Loan Fairness Act , including the amount of outstanding principal, accrued interest, and related fees and costs (as determined by the Secretary) owed by a borrower on such a loan. (D) Purchase of loan For each eligible private education loan that a borrower is consolidating under this paragraph, the Secretary shall notify the holder that the Secretary is purchasing the loan, and the Secretary shall then purchase such loan, as described under section 140A of the Truth in Lending Act. (E) Terms and rate of interest A Federal Direct Consolidation Loan made under this paragraph shall have the same terms and conditions as a Federal Direct Consolidation loan under paragraph (1), except that the applicable rate of interest for a Federal Direct Consolidation loan made under this paragraph shall not exceed 3.4 percent. (F) Notification of eligible borrowers The Secretary shall take such steps as may be necessary to notify eligible borrowers of the availability of consolidation under this paragraph no later than 60 days after the date of enactment of the Student Loan Fairness Act , including notifying such borrowers of the deadline to apply for such a loan under subparagraph (G) . (G) Application deadline for loans under this paragraph A borrower may apply for loans under this paragraph during the 1-year period beginning on the date of enactment of the Student Loan Fairness Act . The Secretary shall not make a Federal Direct Consolidation Loan under this paragraph to any borrower who has not submitted an application for such a loan to the Secretary before the end of such period. (H) Authorization and appropriation There are authorized to be appropriated, and there are appropriated, such sums as may be necessary to carry out this paragraph. . (b) Sale of private education loans to the Government Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended— (1) by redesignating section 140A as section 140B; (2) by inserting after section 140 the following: 140A. Sale of private education loans to the Government (a) In general The Bureau shall issue regulations to require a private education lender to sell an eligible private education loan to the Secretary of Education, upon request of the Secretary, for purposes of consolidating such loan, as described under section 455(g)(2) of the Higher Education Act of 1965. (b) Determination of price The price paid for a private education loan under subsection (a) shall— (1) include the amount of outstanding principal on the loan, the amount of accrued interest on the loan, and any fees or other costs owed by the consumer on the loan; and (2) be adjusted to account for the time value of such amount. (c) Definitions For purposes of this section: (1) Eligible private education loan The term eligible private education loan means a private education loan, as defined under section 140(a), made on or before the date of enactment of the Student Loan Fairness Act. (2) Private education lender The term private education lender has the meaning given such term under section 140(a). ; and (3) in the table of contents for such chapter— (A) by redesignating the item relating to section 140A as item 140B; and (B) by inserting after the item relating to section 140 the following: 140A. Sale of private education loans to the Government. . (c) Conforming amendment Section 428C(a)(3)(B)(i)(V) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–3(a)(3)(B)(i)(V) ) is amended— (1) by striking or at the end of item (bb); (2) by striking the period at the end of item (cc) and inserting ; or ; and (3) by adding at the end the following: (dd) for the purpose of consolidating an eligible private education loan under section 455(g)(2), whether such loan is consolidated alone, with other eligible private education loans, or with loans described in paragraph (4). . 8. Interest-free deferment of unsubsidized loans during periods of unemployment (a) FFEL Unsubsidized loan deferment (1) Section 428H(e)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–8(e)(2) ) is amended— (A) in subparagraph (A), by inserting Except as provided in subparagraph (C), before Interest on ; and (B) by adding at the end the following: (C) Interest on loans made under this section for which payments are deferred under clause (ii) of section 428(b)(1)(M), for a period of deferment granted to a borrower on or after the date of enactment of the Student Loan Fairness Act , shall accrue and be paid by the Secretary during any period during which loans are so deferred, not in excess of 3 years. . (2) Conforming amendment Section 428(b)(1)(Y)(iii) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(Y)(iii)) is amended by inserting (other than a deferment under clause (ii) of such subparagraph on or after the date of enactment of the Student Loan Fairness Act ) after of this paragraph . (b) Direct Unsubsidized loan deferment Section 455(f)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(f)(1) ) is amended— (1) in subparagraph (A)— (A) by striking or at the end of clause (i); and (B) by adding at the end the following: (iii) a Federal Direct Unsubsidized Stafford Loan, with respect to a period of deferment described in subparagraph (B) of paragraph (2) granted to a borrower on or after the date of enactment of the Student Loan Fairness Act ; or ; and (2) in subparagraph (B), by inserting not described in subparagraph (A)(iii) after Unsubsidized Stafford Loan . (c) Treatment of consolidation loans Section 428C(b)(4)(C)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1078–3(b)(4)(C)(ii)) is amended— (1) by striking or at the end of subclause (II); (2) by redesignating subclause (III) as subclause (IV); (3) by inserting after subclause (II) the following: (III) by the Secretary, in the case of a consolidation loan for which the application is received on or after the date of enactment of the Student Loan Fairness Act , except that the Secretary shall pay such interest only for a period not in excess of 3 years for which the borrower would be eligible for a deferral under clause (ii) of section 428(b)(1)(M); or ; and (4) in subclause (IV) (as so redesignated by this subsection), by striking (I) or (II) and inserting (I), (II), or (III) . (d) Income-Based repayment Section 493C(b) of the Higher Education Act of 1965 ( 20 U.S.C. 10983(b) )— (1) in paragraph (3)— (A) in subparagraph (A), by striking and after the semicolon; (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following: (B) shall, on subsidized and unsubsidized loans, be paid by the Secretary for a period of not more than 3 years during which the borrower is eligible for a deferment due to unemployment described in section 455(f)(2)(B) (regardless of whether the student is in such a deferment), except that— (i) this subparagraph shall only apply to periods during which the borrower is eligible for such a deferment on or after the date of enactment of the Student Loan Fairness Act ; and (ii) in the case of a subsidized loan, such period shall not include any period described in subparagraph (A) or any period during which the borrower is in deferment due to an economic hardship described in section 435(o); and ; and (D) in subparagraph (C) (as so redesignated by paragraph (2) )— (i) in clause (i), by striking subparagraph (A) and inserting subparagraphs (A) and (B) ; and (ii) in clause (ii), by inserting , subject to subparagraph (B), after unsubsidized loan ; and (E) by striking and at the end of paragraph (8); (F) by striking the period at the end of paragraph (9) and inserting a semicolon; and (G) by adding at the end the following new paragraph: (10) the amount of the principal and interest on a borrower’s loans repaid or canceled under paragraph (7) shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986. . 9. Excluding loans forgiven under certain repayment programs from gross income (a) Income-Contingent repayment Section 455(e)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(e)(2) ) is amended— (1) in the subsection heading, by inserting and forgiveness after repayment ; and (2) by adding at the end the following: The amount of the principal and interest on a borrower’s loans forgiven pursuant to income contingent repayment shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986. . (b) Pay as you earn repayment The amount of the principal and interest on a borrower’s loans forgiven pursuant to the income-contingent repayment plan (based on the President’s Pay As You Earn repayment initiative) implemented in parts 674, 682, and 685 of title 34, Code of Federal Regulations, as amended by the final regulations published by the Department of Education in the Federal Register on November 1, 2012 (77 Fed. Reg. 66088 et seq.), shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986.

https://www.govinfo.gov/content/pkg/BILLS-113hr1330ih/xml/BILLS-113hr1330ih.xml

113-hr-1331

I 113th CONGRESS 1st Session H. R. 1331 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mrs. Black (for herself, Mr. Chabot , Mr. Grimm , Mr. Harris , and Mrs. Blackburn ) 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 certain requirements and penalties implemented under the Medicare and Medicaid programs by the HITECH Act of 2009, which would otherwise impede eligible professionals from adopting electronic health records to improve patient care. 1. Short title; table of contents (a) Short title This Act may be cited as the Electronic Health Records Improvement Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Exception for certain eligible professionals from application of Medicare payment adjustment for not demonstrating EHR meaningful use. Sec. 3. Shortening EHR reporting period for application of Medicare EHR payment adjustment to eligible professionals. Sec. 4. Additional exceptions to application of Medicare payment adjustment for certain Medicaid and hospital-based eligible professionals not demonstrating EHR meaningful use. Sec. 5. Alternate meaningful use criteria for eligible professionals utilizing electronic health records and specialty registry systems. Sec. 6. Enhancing Medicare EHR meaningful use among eligible professionals who are rural health care providers. Sec. 7. Improving EHR meaningful use under Medicare by eligible professionals who practice in ambulatory surgical centers. Sec. 8. Exemption from certain EHR meaningful use requirements for certain eligible professionals for purposes of Medicare payment adjustment. Sec. 9. Additional administrative provisions relating to Medicare eligible professionals’ EHR incentives. Sec. 10. Non-application of provisions and amendments to eligible professional Medicare incentives for certain MA organizations and Medicaid incentives for adoption and meaningful use of certified EHR technology. 2. Exception for certain eligible professionals from application of Medicare payment adjustment for not demonstrating EHR meaningful use (a) Exception for certain small physician practices Section 1848(a)(7) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7) ) is amended— (1) in subparagraph (A)(i), by striking subparagraphs (B) and (D) and inserting subparagraphs (B), (D), and (F) ; and (2) by adding at the end the following new subparagraph: (F) 3-year exception for certain eligible professionals (i) In general The Secretary shall exempt an eligible professional whom the Secretary determines is described in clause (ii) from the application of the payment adjustment under subparagraph (A) for each of the payment years 2015 through 2017. The Secretary shall make a determination under the previous sentence, with respect to such an exemption for an eligible professional, only if such eligible professional submits a request for such exemption. The Secretary shall determine whether or not an eligible professional is described in clause (ii) not later than 30 days after the date such eligible professional submits a request pursuant to the previous sentence. (ii) Eligible professionals in small physician practices An eligible professional described in this clause is an eligible professional furnishing covered professional services during the EHR reporting period for 2015 in a physician practice that is a solo practice. . (b) Exception for certain physicians near retirement age Subparagraph (F) of section 1848(a)(7) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7) ), as added by subsection (a), is amended— (1) in clause (i), in the first and third sentences, by striking clause (ii) and inserting clause (ii) or (iii) ; and (2) by adding at the end the following new clause: (iii) Eligible professionals at or near retirement age An eligible professional described in this clause is an eligible professional who as of the last day of 2015 has attained early retirement age (as defined in section 216(l)(2)) or who will attain such age during the 5-year period following such day. . (c) Notification of eligibility for exceptions from payment adjustment Section 1848(a)(7) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7) ), as amended by subsection (a), is further amended by adding at the end the following new subparagraph: (G) Notification Not later than 30 days after the date on which the Secretary determines an eligible professional is exempt, pursuant to subparagraph (F), from the application of the payment adjustment under subparagraph (A), the Secretary shall provide such eligible professional notice of such determination. . 3. Shortening EHR reporting period for application of Medicare EHR payment adjustment to eligible professionals (a) In general Section 1848(a)(7)(E)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(E)(ii) ) is amended by inserting , so long as all of such period (or periods) occurs during the year in which the corresponding adjustment, if any, under this paragraph would be applied to the eligible professional involved after a period (or periods) specified by the Secretary . (b) Rebates Section 1848(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(A) ) is amended by adding at the end the following new clause: (iv) Special rule The Secretary shall establish a process under which if for a calendar year, beginning with 2015, an adjustment is made under this paragraph with respect to covered professional services furnished by an eligible professional and then during such calendar year the eligible professional meets the criteria for establishing meaningful use of certified EHR technology, the Secretary shall provide to the eligible professional a rebated amount such that the total amount of payment that the provider receives under this subsection for such services for such year is the fee schedule amount that would otherwise apply to such services under this subsection without application of this paragraph. . (c) Conforming amendment Section 1848(o)(5)(B) of the Social Security Act is amended by adding at the end the following new sentence: Such term, as used under this subsection with respect to subsection (a)(7) and a year beginning with 2015, shall have the meaning given such term under subsection (a)(7)(E)(ii). . 4. Additional exceptions to application of Medicare payment adjustment for certain Medicaid and hospital-based eligible professionals not demonstrating EHR meaningful use (a) Eligible professionals participating in Medicaid EHR incentive program Section 1848(a)(7) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7) ), as amended by section 2, is further amended— (1) in subparagraph (A)(i), by striking (D), and (F) and inserting (D), (F), and (G) ; (2) by redesignating subparagraph (G) as subparagraph (H); and (3) by inserting after subparagraph (F) the following new subparagraph: (G) Additional exceptions for certain Medicaid providers participating in Medicaid EHR incentive program In the case of an eligible professional who is a Medicaid provider described in section 1903(t)(2)(A), the Secretary shall exempt such eligible professional from the application of the Medicare payment adjustment under subparagraph (A), with respect to a year, if such year is the first year that such professional received payment under section 1903(t). . (b) Hospital-Based eligible professionals Section 1848(a)(7)(D) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(D) ) is amended by adding at the end the following new sentence: In applying the definition under subsection (o)(1)(C)(ii) for purposes of the previous sentence, the reference to substantially all under such subsection shall mean 90 percent or more and a determination described in such subsection, with respect to an eligible professional, may only be made by the Secretary pursuant to a request of the professional that is submitted to the Secretary before 2015, and shall be effective for such professional for 2015 and each subsequent year. . (c) Application of notification requirement Subparagraph (H) of section 1848(a)(7) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7) ), as added by section 2(c) and redesignated by subsection (a)(2), is amended by striking subparagraph (F) and inserting subparagraph (B), (D), (F), or (G) . 5. Alternate meaningful use criteria for eligible professionals utilizing electronic health records and specialty registry systems Section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) ) is amended— (1) in subparagraph (A)(iii), by striking Subject to and inserting For such period, the eligible professional satisfactorily uses a qualified national specialty registry system that measures quality improvement or improves patient safety (as described in subparagraph (D)), or, subject to ; and (2) by adding at the end the following new subparagraph: (D) Qualified national specialty registries (i) Not later than January 1, 2015, the Secretary shall specify, pursuant to rulemaking, criteria for determining— (I) if a national speciality registry system is a qualified national speciality registry system, for purposes of this paragraph; and (II) if an eligible professional has demonstrated satisfactory use (as determined by the Secretary) of a qualified national speciality registry system for a period. (ii) For purposes of this paragraph, the term qualified national specialty registry system means, with respect to a medical speciality, a nationally available registry— (I) that is administered or endorsed by a national medical specialty society; (II) that collects clinical data for purposes of measuring quality improvement or improving patient safety related to the type of care provided or conditions treated by the types of eligible professionals that are typically part such national medical specialty society; and (III) that is determined to be a qualified national speciality registry system by the Secretary under clause (ii). . 6. Enhancing Medicare EHR meaningful use among eligible professionals who are rural health care providers (a) Extension of Medicare EHR incentives to eligible professionals practicing in rural health clinics (1) EHR payment adjustment Section 1848(a)(7)(E)(i) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(E)(i) ) is amended by inserting before the period at the end the following: and, with respect to payment years after 2014, includes rural health clinic services (as defined in section 1861(aa)(1)) furnished by an eligible professional . (2) EHR increased payments Section 1848(o)(5)(A) of the Social Security Act (42 U.S.C. 1395w–4(o)(5)(A)) is amended by inserting before the period at the end the following: and, with respect to payment years after 2014, includes rural health clinic services (as defined in section 1861(aa)(1)) furnished by an eligible professional . (b) Extension of Medicare eRx and quality reporting incentives to rural health clinics Section 1848(m)(6)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(6)(A) ) is amended by inserting before the period at the end the following: except that the term covered professional services shall, with respect to reporting periods for 2015 or a subsequent year, include rural health clinic services (as defined in section 1861(aa)(1)) furnished by an eligible professional . 7. Improving EHR meaningful use under Medicare by eligible professionals who practice in ambulatory surgical centers (a) 3-Year exemption from encounters calculation To demonstrate EHR meaningful use for purposes of payment adjustment Section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) ), as amended by section 5, is further amended by adding at the end the following new subparagraph: (E) Treatment of patient encounters at ambulatory surgical centers (i) In general Subject to clause (ii), in applying this paragraph for purposes of subsection (a)(7), any submissions of claims for items or services furnished by an eligible professional at an ambulatory surgical center during performance years for the 2015, 2016, or 2017 payment determinations shall not be included in the data used to determine if such eligible professional is a meaningful EHR user. (ii) Rule of construction Nothing in clause (i) shall prohibit an eligible professional from receiving an additional payment under paragraph (1) with respect to covered professional services furnished in a payment year if the eligible professional is determined to be a meaningful EHR user under this paragraph for the reporting period for such year. (iii) Limitation of payment adjustment In applying clause (i) for purposes of subsection (a)(7) and a year, if an eligible professional is not a meaningful EHR user pursuant to such clause for an EHR reporting period for the year, any adjustment under such subsection shall not apply to the fee schedule amount for covered professional services furnished by such eligible professional during the year in an ambulatory surgical center. . (b) Reinstatement of batching process Subparagraph (E) of section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) ), as added by subsection (a), is amended by adding at the end the following new clause: (iv) Use of batching process In applying this paragraph for purposes of subsection (a)(7) and with respect to a patient encounter occurring at an ambulatory surgical center, if an eligible professional creates a record of such patient encounter without using certified EHR technology at the ambulatory surgical center and subsequently inputs the information of such record of such encounter into certified EHR technology at a different location, certified EHR technology shall be treated as being available at such patient encounter. . 8. Exemption from certain EHR meaningful use requirements for certain eligible professionals for purposes of Medicare payment adjustment Section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) ), as amended by section 7, is further amended by adding at the end the following new subparagraph: (F) Exceptions for certain eligible professionals In applying this paragraph for purposes of subsection (a)(7), the following shall apply: (i) In the case of an eligible professional who is an anesthesiologist or physician of any other specialty or subspecialty identified through rulemaking as not conducting traditional office visits, in order to be treated as a meaningful EHR user for an EHR reporting period under such subsection for a year such eligible professional shall not be required to— (I) provide clinical summaries to patients; or (II) provide patients, upon request, with an electronic copy of the health information of such patients (including diagnostic test results, problem lists, medication lists, and medication allergies). (ii) In the case of an eligible professional who is an anesthesiologist or physician of any other specialty that does not traditionally order prescription drugs before administration of such drugs, as specified through rulemaking, in order to be treated as a meaningful EHR user for an EHR reporting period under such subsection for a year such eligible professional shall not be required to utilize EHR technology that provides for checks on prescription drug interactions until EHR technology is available to accommodate checks on interactions between prescription drugs administered in operating rooms or other anesthetizing locations. The Secretary shall provide notice to each eligible professional to whom clause (i) or (ii) applies of the application of such clause. . 9. Additional administrative provisions relating to Medicare eligible professionals’ EHR incentives (a) Appeals process Section 1848(o)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(3) ) is amended— (1) in subparagraph (C), by striking There shall be no and inserting Except as provided under subparagraph (E), there shall be no ; and (2) by adding at the end the following new subparagraph: (E) Appeals process before application of penalties The Secretary shall, by not later than January 1, 2015, establish and have in place a process for eligible professionals to seek, before application of a payment adjustment under subsection (a)(7)(A) with respect to such an eligible professional, a review of the determination that the eligible professional did not qualify as a meaningful EHR user under paragraph (2). . (b) Semi-Annual progress report (1) In general Not later than six months after the date of the enactment of this Act and every six months thereafter until the date specified in paragraph (3), the Secretary of Health and Human Services, through the Administrator of the Centers for Medicare & Medicaid Services, shall submit to Congress a report that contains the following information: (A) Improvements that have been made in streamlining requirements among various programs under the Medicare program under title XVIII of the Social Security Act regarding similar information (such as for purposes of meaningful use of certified EHR technology, physician quality reporting, and electronic prescribing). (B) Improvements certified EHR technology vendors have made in interoperability. (C) The progress of the adoption of certified EHR technology by physician specialty groups and the percentage of eligible professionals (as defined in section 1848(a)(7)(E) of the Social Security Act) who are eligible for incentive payments under the Medicare program for meaningful use of certified EHR technology. (D) The reporting capabilities of qualified national specialty reporting systems (as defined in section 1848(o)(2) of the Social Security Act, as added by section 5) and recommendations for making such registries more interactive with EHR technology. (E) The results of the most recent survey conducted under paragraph (2) . (2) Physician survey Not later than six months after the date of the enactment of this Act and every six months thereafter until the date specified in paragraph (3), the Secretary of Health and Human Services, through the Administrator of the Centers for Medicare & Medicaid Services, shall conduct a survey of physicians to identify barriers encountered by physicians in achieving stage 3 of meaningful use of certified EHR technology. (3) Date specified For purposes of paragraphs (1) and (2), the date specified in this paragraph is the date on which 75 percent of all eligible professionals (as defined in section 1848(o)(5) of the Social Security Act) have satisfied the requirements of stage 2 of meaningful use of certified EHR technology (as defined by the Secretary of Health and Human Services). 10. Non-application of provisions and amendments to eligible professional Medicaid incentives for adoption and meaningful use of certified EHR technology Section 1903(t) of the Social Security Act ( 42 U.S.C. 1396b(t) ) is amended by adding at the end the following new paragraph: (11) The provisions of, including the amendments made by, the Electronic Health Records Improvement Act (other than section 10 of such Act) shall not apply for purposes of this subsection or subsection (a)(3)(F). .

https://www.govinfo.gov/content/pkg/BILLS-113hr1331ih/xml/BILLS-113hr1331ih.xml

113-hr-1332

I 113th CONGRESS 1st Session H. R. 1332 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mrs. Bustos introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles 10 and 41, United States Code, to allow contracting officers to consider information regarding domestic employment before awarding a Federal contract, and for other purposes. 1. Short title This Act may be cited as the American Jobs Matter Act of 2013 . 2. Consideration and verification of information relating to effect on domestic employment of award of Federal contracts (a) Civilian agency contracts Section 3306 of title 41, United States Code, is amended by adding at the end the following new subsection: (g) (1) An executive agency, in issuing a solicitation for competitive proposals, shall state in the solicitation that the agency may consider information (in this subsection referred to as a jobs impact statement ) that the offeror may include in its offer related to the effects on employment within the United States of the contract if it is awarded to the offeror. (2) The information that may be included in a jobs impact statement may include the following: (A) The number of jobs expected to be created in the United States, or the number of jobs retained that otherwise would be lost, if the contract is awarded to the offeror. (B) The number of jobs created or retained in the United States by the subcontractors expected to be used by the offeror in the performance of the contract. (C) A guarantee from the offeror that jobs created or retained in the United States will not be moved outside the United States after award of the contract. (3) The contracting officer may consider the information in the jobs impact statement in the evaluation of the offer and may request further information from the offeror in order to verify the accuracy of any such information submitted. (4) In the case of a contract awarded to an offeror that submitted a jobs impact statement with the offer for the contract, the executive agency shall, not later than six months after the award of the contract and annually thereafter for the duration of the contract or contract extension, assess the accuracy of the jobs impact statement. (5) The head of each executive agency shall submit to Congress an annual report on the frequency of use within the agency of jobs impact statements in the evaluation of competitive proposals. (6) In any contract awarded to an offeror that submitted a jobs impact statement with its offer in response to the solicitation for proposals for the contract, the executive agency shall track the number of jobs created or retained during the performance of the contract. If the number of jobs that the agency estimates will be created (by using the jobs impact statement) significantly exceeds the number of jobs created or retained, then the agency may evaluate whether the contractor should be proposed for debarment. . (b) Defense contracts Section 2305(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (6) (A) The head of an agency, in issuing a solicitation for competitive proposals, shall state in the solicitation that the agency may consider information (in this paragraph referred to as a jobs impact statement ) that the offeror may include in its offer related to the effects on employment within the United States of the contract if it is awarded to the offeror. (B) The information that may be included in a jobs impact statement may include the following: (i) The number of jobs expected to be created in the United States, or the number of jobs retained that otherwise would be lost, if the contract is awarded to the offeror. (ii) The number of jobs created or retained in the United States by the subcontractors expected to be used by the offeror in the performance of the contract. (iii) A guarantee from the offeror that jobs created or retained in the United States will not be moved outside the United States after award of the contract. (C) The contracting officer may consider the information in the jobs impact statement in the evaluation of the offer and may request further information from the offeror in order to verify the accuracy of any such information submitted. (D) In the case of a contract awarded to an offeror that submitted a jobs impact statement with the offer for the contract, the agency shall, not later than six months after the award of the contract and annually thereafter for the duration of the contract or contract extension, assess the accuracy of the jobs impact statement. (E) The Secretary of Defense shall submit to Congress an annual report on the frequency of use within the Department of Defense of jobs impact statements in the evaluation of competitive proposals. (F) In any contract awarded to an offeror that submitted a jobs impact statement with its offer in response to the solicitation for proposals for the contract, the agency shall track the number of jobs created or retained during the performance of the contract. If the number of jobs that the agency estimates will be created (by using the jobs impact statement) significantly exceeds the number of jobs created or retained, then the agency may evaluate whether the contractor should be proposed for debarment. . (c) Revision of Federal Acquisition Regulation The Federal Acquisition Regulation shall be revised to implement the amendments made by this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1332ih/xml/BILLS-113hr1332ih.xml

113-hr-1333

I 113th CONGRESS 1st Session H. R. 1333 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Cartwright (for himself, Mrs. Capps , Mr. Conyers , Ms. DeLauro , Mr. Dingell , Mr. Honda , Ms. Lee of California , Mr. Lowenthal , Mr. McGovern , Ms. Norton , Mr. O’Rourke , Ms. Schakowsky , Mr. Jones , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Mr. Castro of Texas , Mr. Fattah , Ms. Frankel of Florida , Ms. Gabbard , Mr. Kennedy , Mr. Larson of Connecticut , Mrs. Carolyn B. Maloney of New York , Mrs. McCarthy of New York , Ms. McCollum , Mr. Nolan , and Mr. Cramer ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to grant family of members of the uniformed services temporary annual leave during the deployment of such members, and for other purposes. 1. Short title This Act may be cited as the Military Family Leave Act of 2013 . 2. Annual leave for family of deployed members of the uniformed services (a) In general Part III of title 38, United States Code, is amended by adding at the end the following new chapter: 44 Annual leave for family of deployed members of the uniformed services Sec. 4401. Definitions. 4402. Leave requirement. 4403. Certification. 4404. Employment and benefits protection. 4405. Prohibited acts. 4406. Enforcement. 4407. Miscellaneous provisions. 4401. Definitions In this chapter: (1) The terms benefit , rights and benefits , employee , employer , and uniformed services have the meaning given such terms in section 4303 of this title. (2) The term contingency operation has the same meaning given such term in section 101(a)(13) of title 10. (3) The term eligible employee means an individual who is— (A) a family member of a member of a uniformed service; and (B) an employee of the employer with respect to whom leave is requested under section 4402 of this title. (4) The term family member means an individual who is, with respect to another individual, one of the following: (A) The spouse of the other individual. (B) A son or daughter of the other individual. (C) A parent of the other individual. (5) 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. (6) The terms spouse , son or daughter , and parent have the meaning given such terms in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ). 4402. Leave requirement (a) Entitlement to leave In any 12-month period, an eligible employee shall be entitled to two workweeks of leave for each family member of the eligible employee who, during such 12-month period— (1) is in the uniformed services; and (2) (A) receives notification of an impending call or order to active duty in support of a contingency operation; or (B) is deployed in connection with a contingency operation. (b) Leave taken intermittently or on reduced leave schedule (1) Leave under subsection (a) may be taken by an eligible employee intermittently or on a reduced leave schedule as the eligible employee considers appropriate. (2) The taking of leave intermittently or on a reduced leave schedule pursuant to this subsection shall not result in a reduction in the total amount of leave to which the eligible employee is entitled under subsection (a) beyond the amount of leave actually taken. (c) Paid leave permitted Leave granted under subsection (a) may consist of paid leave or unpaid leave as the employer of the eligible employee considers appropriate. (d) Relationship to paid leave (1) If an employer provides paid leave to an eligible employee for fewer than the total number of workweeks of leave that the eligible employee is entitled to under subsection (a), the additional amount of leave necessary to attain the total number of workweeks of leave required under subsection (a) may be provided without compensation. (2) An eligible employee may elect, and an employer may not require the eligible employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the eligible employee for leave provided under subsection (a) for any part of the total period of such leave the eligible employee is entitled to under such subsection. (e) Notice for leave In any case in which an eligible employee chooses to use leave under subsection (a), the eligible employee shall provide such notice to the employer as is reasonable and practicable. 4403. Certification (a) In general An employer may require that a request for leave under section 4402(a) of this title be supported by a certification of entitlement to such leave. (b) Timeliness of certification An eligible employee shall provide, in a timely manner, a copy of the certification required by subsection (a) to the employer. (c) Sufficient certification A copy of the notification, call, or order described in section 4402(a)(2) of this title shall be considered sufficient certification of entitlement to leave for purposes of providing certification under this section. The Secretary may prescribe such additional forms and manners of certification as the Secretary considers appropriate for purposes of providing certification under this section. 4404. Employment and benefits protection (a) In general An eligible employee who takes leave under section 4402 of this title for the intended purpose of the leave shall be entitled, on return from such leave— (1) to be restored by the employer to the position of employment held by the eligible employee when the leave commenced; or (2) to be restored to an equivalent position with equivalent rights and benefits of employment. (b) Loss of benefits The taking of leave under section 4402 of this title 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 section shall be construed to entitle any restored employee to— (1) the accrual of any seniority or employment benefits during any period of leave; or (2) 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. 4405. Prohibited acts (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 chapter. (b) Discrimination It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this chapter. 4406. Enforcement The provisions of subchapter III of chapter 43 of this title shall apply with respect to the provisions of this chapter as if such provisions were incorporated into and made part of this chapter. 4407. Miscellaneous provisions The provisions of subchapter IV of chapter 43 of this title shall apply with respect to the provisions of this chapter as if such provisions were incorporated into and made part of this chapter. . (b) Clerical amendments The table of chapters at the beginning of title 38, United States Code, and at the beginning of part III of such title, are each amended by inserting after the item relating to chapter 43 the following new item: 44. Annual Leave for Family of Deployed Members of the Uniformed Services 4401. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1333ih/xml/BILLS-113hr1333ih.xml

113-hr-1334

I 113th CONGRESS 1st Session H. R. 1334 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Chu (for herself, Mr. Hinojosa , Ms. Clarke , Ms. Brown of Florida , Ms. Bass , Ms. Norton , and Mr. Honda ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a grant program to ensure that students in high-need schools have equal access to a quality education delivered by an effective, diverse workforce. 1. Short title This Act may be cited as the Equal Access to Quality Education Act of 2013 . 2. Equal access to quality education grant program (a) In general The Secretary of Education shall make grants on a competitive basis to eligible partnerships in high-need areas to— (1) develop and strengthen high-quality pathways for the teaching and education leadership professions; (2) create professional induction programs for the teaching profession; and (3) provide a stable and collaborative learning environment for educators and students. (b) Purposes The purposes of the grant program established under this section shall be to— (1) increase the percentage of highly qualified teachers in States, including teachers from under represented minority groups and teachers with disabilities; (2) close the achievement gap for students within subgroups that are not showing expected performance; (3) decrease shortages of highly qualified teachers in poor urban and rural areas; (4) decrease high turnover rates for educators in high-need schools; (5) increase the number of highly qualified teachers in shortage areas, including special education, bilingual education, and education for English language learners, and in science, mathematics, engineering, and technology; (6) increase opportunities for enhanced and ongoing professional development that— (A) improves the academic content knowledge of teachers in the subject areas in which teachers are certified or licensed to teach or in which the teachers are working toward certification or licensure to teach; (B) promotes strong teaching skills, including instructional strategies that address diverse needs, the use of data to inform instruction, and strategies to improve student achievement; and (C) provides time for teachers to share their knowledge and innovation; and (7) provide all educators with the knowledge base and professional skills to meet the needs of diverse learners, including English language learners and students with disabilities. (c) Application (1) Applications required An eligible partnership that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted under paragraph (1) include— (A) a description of— (i) how the eligible partnership will meet the purposes under subsection (b); (ii) how the partnership will carry out the activities required under subsection (d), including— (I) how the partnership will design, implement, or enhance a year-long and rigorous teaching residency program component; and (II) how the partnership will design, implement, or enhance a rigorous teacher induction and retention program; (iii) a description of the partnership’s plan for continuing the activities carried out under a grant received under this Act after the grant funding ceases; (iv) how the grant will increase the number of highly qualified teachers — (I) in high-need schools operated by high-need local educational agencies (in urban or rural school districts); and (II) in high-need academic subjects; and (v) with respect to the teacher induction and retention program that will be carried out using the grant— (I) the partnership’s capability and commitment to, and the accessibility to and involvement of teachers in, the use of empirically based practice and scientifically valid research on teaching and learning; (II) a description of how the partnership will design and implement an induction program to support, through not less than the first 2 years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the high-need local educational agency in the partnership, and, to the extent practicable, all new teachers who teach in such high-need local educational agency, in the further development of the new teachers’ teaching skills, including the use of mentors who are trained and compensated by such program for the mentors’ work with new teachers. (d) Use of funds (1) Required uses An eligible partnership that receives a grant under this section shall use the funds to carry out the following: (A) Establish or support a teacher preparation program that— (i) requires participants in the program to complete at least one year of residency at a high-need school in the local educational agency participating in the eligible partnership; (ii) requires participants in the program to teach in a high-need school in such local educational agency for at least 3 years after completing such residency; and (iii) awards a teaching credential, an undergraduate degree, or a Masters degree that meets State requirements for a teaching license or certification upon completion of the program. (B) Establish or support a teacher induction and retention program that provides support and advances the retention of beginning teachers and principals during not less than the first 2 years of participation in such program, which promotes effective teaching and leadership skills and includes— (i) high-quality mentoring; (ii) periodic, structured time for collaboration and classroom observation opportunities with teachers in the same department or field, including mentor teachers, as well as time for information-sharing among teachers, principals, administrators, other appropriate educators, and participating faculty in the partner institution of higher education; (iii) the application of empirically based practice and scientifically valid research on instructional practices; (iv) opportunities for new teachers and principals to draw directly on the expertise of mentors, faculty, local educational agency personnel, and researchers to support the integration of empirically based practice and scientifically valid research with practice; (v) the development of skills in instructional and behavioral interventions derived from empirically based practice, and where applicable, scientifically valid research; (vi) faculty who— (I) model the integration of research and practice in the classroom; and (II) assist new teachers and principals with the effective use and integration of technology in instruction. (C) Otherwise fulfill the purposes described in subsection (b). (2) Authorized uses In addition to the activities described in paragraph (1), a partnership that receives a grant under this section may use the funds for any of the following: (A) Providing support to each mentor teacher working with new teachers. (B) Providing preparation in effective, evidence-based instructional assessment practices and classroom management strategies for general education teachers serving students with disabilities and students with limited English proficiency. (C) Enabling teachers to engage in study groups, professional learning communities, and other collaborative activities and collegial interactions regarding instruction assessment. (D) Paying for release time and substitute teachers in order to enable teachers to participate in professional development and mentoring activities. (E) Creating libraries of professional material, catalogues of expert instruction, and education technology. (F) Providing high-quality professional development for other instructional staff, such as paraprofessionals, librarians, and counselors. (G) Developing partnerships with businesses and community-based organizations. (H) Providing tuition assistance, scholarships, or student loan repayment to teachers. (I) Providing stipends or another financial incentive to participants in the teacher preparation program under paragraph (1)(A). (J) Providing support for home visitation, parenting education, and family engagement, especially for parents who have limited English proficiency. (e) Repayments The Secretary shall establish such requirements as the Secretary determines to be appropriate to ensure that each participant of a teacher preparation program under this Act who receives a stipend or other financial incentive as described in subsection (d)(2)(I), but fails to complete the participant’s teaching obligation under subsection (d)(1)(A)(ii), repays all or a portion of such stipend or incentive to the eligible partnership that awarded such stipend or incentive. (f) Priority In awarding grants under this section, the Secretary shall give priority to eligible partnerships that meet the requirements of one of the following paragraphs: (1) Demonstrating— (A) a plan to recruit teachers from among minority and local candidates and from individuals with disabilities; and (B) the use of a valid and reliable teacher performance assessment. (2) Meeting the requirements of paragraph (1)(B) and including in the partnership— (A) an institution of higher education that is an eligible institution for purposes of the TEACH Grant program under subpart 9 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070g et seq. ); (B) a Tribal College or University, as defined in section 316(b)(3) of such Act ( 20 U.S.C. 1059c(b)(3) ); (C) an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(a) of such Act ( 20 U.S.C. 1059g(a) ); (D) a Hispanic-serving institution, as defined in section 502(a)(5) of such Act (20 U.S.C. 1101a(a)(5)); or (E) a historically Black college and university, as defined in section 631(a)(5) of such Act (20 U.S.C. 1132(a)). (g) Matching Requirements (1) Federal share The Federal share of the cost of any activities funded by a grant received under this section shall not exceed 75 percent. (2) Payment of non-Federal share The non-Federal share may be paid in cash or in kind, fairly evaluated, including services. (h) Definitions In this section: (1) Eligible partnership The term eligible partnership means a partnership— (A) between a high-need local educational agency and an institution of higher education; and (B) that may include a teacher organization or a nonprofit educational organization. (2) Family engagement The term family engagement means a shared responsibility of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families, especially parents of non-Native English speakers, in meaningful ways that encourage the families to actively support their children’s learning and development, as well as the learning and development of other children. The shared responsibility is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community. (3) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) (i) that serves not fewer than 10,000 low-income children; (ii) for which not less than 20 percent of the children served by the agency are low-income children; (iii) that meets the eligibility requirements for receiving funding under the Small, Rural School Achievement Program under section 6211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7345(b) ) or the Rural and Low-Income School Program under section 6221(b) of such Act ( 20 U.S.C. 7351(b) ); or (iv) that has a percentage of low-income children that is in the highest quartile among such agencies in the State; and (B) (i) for which one or more schools served by the agency is persistently low achieving; or (ii) for which one or more schools served by the agency has a high teacher turnover rate. (4) Highly qualified The term highly qualified has the meaning given the term in section 9101(23) of the Elementary and Secondary Education Act ( 20 U.S.C. 7801(23) ). The definition given the term highly qualified teacher in section 163 of Public Law 111–242 shall not apply with respect to this section. (5) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965. (6) Low-income children The term low-income children means— (A) children from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; or (B) children who are eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act. (7) Mentor teacher The term mentor teacher means a teacher who— (A) is highly qualified; (B) has a minimum of 3 years of teaching experience; (C) is recommended by the principal and other current master and mentor teachers on the basis of— (i) instructional excellence through observations and other evidence of classroom practice, including standards-based evaluations, such as certification by the National Board for Professional Teaching Standards; (ii) an ability, as demonstrated by evidence of student learning in high-need schools, to increase student learning; and (iii) excellent instruction and communication with an understanding of how to facilitate growth in other teachers, including new teachers; and (D) participates in training and ongoing professional development on how to— (i) help teachers learn to improve student achievement; (ii) help teachers learn to improve instruction; and (iii) facilitate mentor-to-mentor collaboration and coaching. (8) Secretary The term Secretary means the Secretary of Education. (9) Teacher performance assessment The term teacher performance assessment means a program, based on State or national professional teaching standards, that will measure teachers’ curriculum planning, instruction, and assessment of students, including appropriate plans and adaptations for English language learners and students with disabilities, and multiple sources of evidence about student learning. Such assessment will be validated against professional assessment standards and reliably scored by trained external evaluators with appropriate auditing of scoring to ensure consistency. (10) Teaching credential The term teaching credential means a program of instruction for individuals who have completed a baccalaureate degree, that does not lead to a graduate degree, and that consists of courses required by a State for a teacher candidate to receive a professional certification or license that is required for employment as a teacher in an elementary school or secondary school in that State.

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113-hr-1335

I 113th CONGRESS 1st Session H. R. 1335 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mrs. Davis of California introduced the following bill; which was referred to the Committee on Financial Services A BILL To require Fannie Mae and Freddie Mac to disclose the minimum purchase price that such an enterprise will accept on the short sale of a residence financed by a mortgage purchased by such an enterprise in order to make short sales a viable alternative to foreclosure. 1. Short title This Act may be cited as the Short Sale Transparency Act of 2013 . 2. Short sale disclosure requirement (a) Disclosure The Director of the Federal Housing Finance Agency shall require the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, in any case in which such Association or Corporation denies the purchase of a residential mortgage loan made to finance the purchase, under a short sale, of a covered dwelling on the basis that the purchase price involved in the short sale is insufficient, to promptly disclose to the prospective seller of the covered dwelling the amount by which such purchase price was less than the minimum purchase price sufficient for such Association or Corporation to approve purchase of such mortgage. (b) Definitions For purposes of this section, the following definitions shall apply: (1) Short sale The term short sale means, with respect to a residential mortgage loan on a covered dwelling, a purchase of the dwelling that will result in proceeds in an amount that is less than the remaining amount due under the residential mortgage loan on the covered dwelling. (2) Covered dwelling The term covered dwelling means a residential real property that— (A) consists of from one to four dwelling units; and (B) is subject to a mortgage, deed or trust, or other security interest that secures a residential mortgage loan on which the mortgagor is delinquent on payments due under the mortgage loan.

https://www.govinfo.gov/content/pkg/BILLS-113hr1335ih/xml/BILLS-113hr1335ih.xml

113-hr-1336

I 113th CONGRESS 1st Session H. R. 1336 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Rodney Davis of Illinois (for himself, Ms. Fudge , 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 provide for taxpayers making gifts with their returns of income tax to the Federal Government to pay down the public debt. 1. Short title This Act may be cited as the Voluntary Debt Reduction Act of 2013 . 2. Gifts to pay down national debt (a) In general Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX Gifts to pay down national debt Sec. 6097. Gifts to pay down national debt. 6097. Gifts to pay down national debt (a) General rule Every taxpayer who makes a return of the tax imposed by subtitle A for any taxable year may— (1) donate an amount (not less than $1), in addition to any payment of tax for such taxable year, or (2) designate a portion of any overpayment of tax (not less than $1) to be donated, which shall be deposited in the general fund of the Treasury. (b) Manner and time of designation Any donation under subsection (a) for any taxable year— (1) shall be made at the time of filing the return of the tax imposed by subtitle A for such taxable year and in such manner as the Secretary may by regulation prescribe, except that the designation for such donation shall be either on the first page of the return or on the page bearing the taxpayer’s signature, and (2) in the case of a donation of cash, shall be accompanied by a payment of the amount so designated. (c) Treatment of amounts donated For purposes of this title, the amount donated by any taxpayer under subsection (a) shall be treated as a contribution made by such taxpayer to the United States on the last date prescribed for filing the return of tax imposed by subtitle A (determined without regard to extensions) or, if later, the date the return is filed. (d) Overpayments treated as refunded For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed. (e) Transfers to account To reduce public debt The Secretary shall, from time to time, transfer to the special account established by section 3113(d) of title 31, United States Code, amounts equal to the amounts donated under this section. . (b) Clerical amendment The table of parts for subchapter A of such chapter is amended by adding at the end the following new item: Part IX. Gifts To pay down national debt. . (c) Effective date The amendments made by this section shall apply to returns for taxable years ending after December 31, 2012.

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113-hr-1337

I 113th CONGRESS 1st Session H. R. 1337 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. DeSantis (for himself, Mr. Culberson , Mr. Sam Johnson of Texas , Mr. Pitts , Mr. Flores , Mr. King of Iowa , and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To restrict funds for the Palestinian Authority, and for other purposes. 1. Short title This Act may be cited as the Palestinian Accountability Act . 2. Prohibition on use of the term Palestine in United States Government documents (a) In general No United States Government document may refer to the areas controlled by the Palestinian Authority as Palestine until the Secretary of State certifies to Congress that the Palestinian Authority, at a minimum— (1) does not manipulate or inappropriately influence in any way the outcome of presidential or legislative elections in areas controlled by the Palestinian Authority; (2) is advancing democratic ideals by actively promoting human rights and ending government corruption through increased efficiency and transparency in all government agencies and initiatives; (3) regularly and strongly condemns terrorism; (4) has taken, and plans to continue to take, tangible steps to disavow terrorism, dismantle terrorist infrastructures, confiscate unauthorized weapons, arrest and bring terrorists to justice, consolidate and control the Palestinian security organizations, and end the incitement to violence and hatred in the Palestinian media, educational institutions, mosques, and other institutions; (5) has ceased to participate in any economic, educational, cultural, or other boycott of Israel, its citizens, its products, or its services; (6) has worked, and plans to continue to work, actively with the Government of Israel to implement the steps and adhere to the principles set out in the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict of 2003 (commonly referred to as the Roadmap to Peace ) (or any successor to such) to bring security, peace, and reconciliation between Israel and the Palestinians; (7) recognizes Israel’s right to exist as a Jewish state and conducts diplomatic relations with the State of Israel in the same manner and to the same extent as it conducts diplomatic relations with any other country; and (8) has either excluded Hamas from participating in a unity government or, if not, has required Hamas to explicitly and publicly support the requirements of paragraphs (1) to (7) of this subsection. (b) Nonwaivability The prohibition under subsection (a) may not be waived for any purpose. 3. Prohibition on United States funds to the Palestinian Authority (a) In general No funds available to any United States Government department or agency to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 for any fiscal year may be obligated or expended with respect to providing funds to the Palestinian Authority unless with respect to such fiscal year— (1) an independent audit of the budget of the Palestinian Authority is conducted by a United States nongovernmental or private organization or entity and the Secretary of State submits such audit to Congress; and (2) the Secretary of State certifies to Congress that the Palestinian Authority, at a minimum, meets the requirements of paragraphs (1) to (8) of section 2(a) of this Act. (b) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds available for fiscal year 2013 and subsequent fiscal years. 4. Prohibition on United States contributions to the United Nations (a) In general Except as provided in section 5, no funds available to any United States Government department or agency for any fiscal year may be obligated or expended with respect to making contributions to the United Nations if a Palestinian state is recognized as a member state of the United Nations unless with respect to such fiscal year the Secretary of State certifies to Congress that the Palestinian Authority, at a minimum, meets the requirements of paragraphs (1) to (8) of section 2(a) of this Act. (b) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds available for fiscal year 2013 and subsequent fiscal years. 5. Prohibition on United States contributions to UNRWA (a) In general No funds available to any United States Government department or agency for any fiscal year may be obligated or expended with respect to making contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) unless with respect to such fiscal year— (1) an independent audit of the budget of UNRWA is conducted by a United States nongovernmental or private organization or entity and the Secretary of State submits such audit to Congress; and (2) the Secretary of State certifies to Congress that UNRWA, at a minimum, meets the requirements applicable to the Palestinian Authority under paragraphs (1) to (3), (5), and (7) of section 2(a) of this Act, except that for purposes of meeting the requirements of paragraph (1) of such section, the term Palestinian Authority shall be deemed to be UNRWA . (b) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds available for fiscal year 2013 and subsequent fiscal years.

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113-hr-1338

I 113th CONGRESS 1st Session H. R. 1338 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Dingell (for himself, Mr. Conyers , Mrs. Carolyn B. Maloney of New York , Ms. DeGette , Ms. Slaughter , Mr. Ellison , Mr. Himes , Ms. Edwards , Ms. DeLauro , Mr. Polis , and Ms. Norton ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to reassert the authority of Congress to restrict spending by corporations and labor organizations on campaigns for elections for Federal office, and for other purposes. 1. Short title This Act may be cited as the Restoring Confidence in Our Democracy Act . 2. Findings Congress finds the following: (1) Free and open elections are a founding principle of our republican form of government. (2) It is incumbent upon Congress to ensure that elections in the United States are free of corruption and the appearance of corruption. (3) The free flow of money in politics, as exemplified by the current state of affairs, is corrupting and will distort and disfigure our democracy. (4) Excessively high levels of spending on elections is fundamentally damaging to the public perception of our government, and threatens the fairness and integrity of our democracy. (5) Congress has a constitutional duty to guarantee a republican form of government for the States. (6) Spending record sums of money on our elections threatens the continued existence of our republican form of government. (7) Allowing unlimited spending on elections means the wealthy can crowd out other important voices in our political debates, thereby giving American citizens fewer sources of information. (8) Federalist 52 states that Congress ought to be dependent on the people alone . (9) Unlimited spending in our elections violates this principle and corrupts our government by making elected officials more dependent on donors than the people. (10) This dependency corruption gives the wealthy a greater say in our democracy than the average citizen, which is contrary to the intent of the Founding Fathers. (11) Congress has the inherent power to ensure that elections for the government are conducted in a fair, honorable, and proper way to preserve our democracy and ensure the people have confidence in our elections and system of government. (12) Congress has the authority to regulate campaign expenditures to promote integrity, prevent corruption, and ensure the public has trust in our election system, going back to the Tillman Act of 1907, which prohibits corporations from making direct contributions to political campaigns. (13) In 1947, Congress passed the Taft-Hartley Act, which first prohibited corporations and labor unions from making independent expenditures in support or opposition to candidates for Federal office. (14) The Watergate scandal, and the outrageous expenditure of campaign funds in that scandal, did great damage to public confidence in government and demanded a legislative response to restore this confidence. (15) Congress rewrote the Federal Elections Campaign Act (FECA) in 1974 as a response to Watergate and public calls for increased regulation of our campaign system. This law established the Federal Elections Commission (FEC) and instituted limits on campaign contributions which remain law to this day. (16) In 1976, the Supreme Court issued a decision in the case of Buckley v. Valeo which first established the principle that money equals speech, in addition to overturning FECA limitations on independent expenditures. (17) The Buckley decision also stated that The constitutional power of Congress to regulate Federal elections is well established and is not questioned by any of the parties in this case . (18) Equating money with speech can result in the wealthy having an undue influence on our elections at the expense of the great majority of the American people. (19) In 1990, the Supreme Court issued a decision in the case of Austin v. Michigan Chamber of Commerce which upheld a Michigan law banning corporations from making independent expenditures in elections. (20) In Austin, the Court found that Corporate wealth can unfairly influence elections when it is deployed in the form of independent expenditures . (21) Austin also established that the government has an anti-distortion interest in regulating political speech. The Court held that there is a compelling government interest in preventing the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporation’s political ideas . (22) In 2002, Congress enacted the Bipartisan Campaign Reform Act, which among other things banned political parties from raising so-called soft money . (23) Spending in presidential elections has risen to excessive levels over the last decade, which threatens not only our government, but the integrity of our elections. (24) In the 2000 presidential election, both of the major party candidates spent $343.1 million combined. This number climbed to $717.9 million in the 2004 presidential election. (25) In the 2008 presidential election, Barack Obama’s campaign spent $740.6 million, more than both major party candidates combined in the previous election. (26) Following the Supreme Court’s decision in the case of Citizens United v. FEC, there was a massive increase in outside political spending, which threatens to undermine the legitimacy of our political system. (27) The FEC estimates that $7 billion was spent on the 2012 elections. (28) According to the Wall Street Journal, so-called Super PACs spent $567,498,628 on the 2012 elections. (29) Super PACs spent $98 million during the week of October 29, 2012, alone. (30) Donations to Super PACs are dominated by the wealthy. In 2012, 58.9 percent of donations to Super PACs were $1 million or higher, and came from only 159 donors. (31) Super PACs often accept funds from nonprofits which are allowed to conceal the source of their donations, thereby avoiding transparency and greater public scrutiny of their actions and motivations. (32) Thirty-one percent of outside spending in the 2012 elections was not able to be traced to its original sources, which decreases accountability and transparency, threatens public confidence in our elected officials and our elections, and has a distorting effect on our elections. (33) Corporations, now freed to spend as much as they like to influence elections, accounted for 12 percent of contributions to Super PACS in 2012, thereby helping to give corporate interests a greater voice in our political system than the average Americans. (34) A January 2012 poll by Rasmussen says that 58 percent of Americans believe the United States needs new campaign finance laws. (35) A January 2012 poll by Democracy Corps found that 55 percent of Americans oppose the Citizens United decision. Eighty percent of voters also believe there should be limits on the money spent in campaigns. (36) An October 2012 poll by Bannon Communications Research found that 52 percent of Americans are in favor of banning corporate political spending, 89 percent of Americans believe there is too much money in politics, and 66 percent believe that money is the root of all evil in politics. (37) After considering these findings, Congress is concerned by the unfairness of unlimited spending in elections and is taking this action to protect our democracy and our electoral system. (38) Reinstituting the ban on corporate political expenditures and placing a limit on the amount of donations to Super PACs will help restore faith and trust in our democracy and will respond to calls by the American people for vigorous campaign finance reform and effective laws to protect our free democratic system of elections. 3. Prohibition of corporate and labor disbursements for electioneering communications (a) Prohibition (1) In general Section 316(b)(2) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441b(b)(2) ) is amended by inserting or for any applicable electioneering communication before , but shall not include . (2) Applicable electioneering communication Section 316 of such Act ( 2 U.S.C. 441b ) is amended by adding at the end the following: (c) Rules relating to electioneering communications (1) Applicable electioneering communication For purposes of this section, the term applicable electioneering communication means an electioneering communication (within the meaning of section 304(f)(3)) which is made by any entity described in subsection (a) of this section or by any other person using funds donated by an entity described in subsection (a) of this section. (2) Exception Notwithstanding paragraph (1), the term applicable electioneering communication does not include a communication by a section 501(c)(4) organization or a political organization (as defined in section 527(e)(1) of the Internal Revenue Code of 1986) made under section 304(f)(2)(E) or (F) of this Act if the communication is paid for exclusively by funds provided directly by individuals who are United States citizens or nationals or lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))). For purposes of the preceding sentence, the term provided directly by individuals does not include funds the source of which is an entity described in subsection (a) of this section. (3) Special operating rules (A) Definition under paragraph (1) An electioneering communication shall be treated as made by an entity described in subsection (a) if an entity described in subsection (a) directly or indirectly disburses any amount for any of the costs of the communication. (B) Exception under paragraph (2) A section 501(c)(4) organization that derives amounts from business activities or receives funds from any entity described in subsection (a) shall be considered to have paid for any communication out of such amounts unless such organization paid for the communication out of a segregated account to which only individuals can contribute, as described in section 304(f)(2)(E). (4) Definitions and rules For purposes of this subsection— (A) the term section 501(c)(4) organization means— (i) an organization described in section 501(c)(4) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or (ii) an organization which has submitted an application to the Internal Revenue Service for determination of its status as an organization described in clause (i); and (B) a person shall be treated as having made a disbursement if the person has executed a contract to make the disbursement. (5) Coordination with internal revenue code Nothing in this subsection shall be construed to authorize an organization exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 to carry out any activity which is prohibited under such Code. (6) Special rules for targeted communications (A) Exception does not apply Paragraph (2) shall not apply in the case of a targeted communication that is made by an organization described in such paragraph. (B) Targeted communication For purposes of subparagraph (A), the term targeted communication means an electioneering communication (as defined in section 304(f)(3)) that is distributed from a television or radio broadcast station or provider of cable or satellite television service and, in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate. (C) Definition For purposes of this paragraph, a communication is targeted to the relevant electorate if it meets the requirements described in section 304(f)(C). . (3) Effective date The amendments made by this subsection shall take effect immediately after the enactment of subsection (b). (b) Conforming amendment Sections 203 and 204 of the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–155 ) are repealed, and each provision of law amended by such sections is restored as if such sections had not been enacted into law. 4. Prohibition of independent expenditures by corporations and labor organizations Section 316(b)(2) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441b(b)(2) ) is amended by striking includes a contribution or expenditure, and inserting includes a contribution or expenditure (including an independent expenditure), . 5. Application of contribution limits and source prohibitions to contributions made to super pacs (a) Application of limits Section 315(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a(a) ) is amended by adding at the end the following new paragraph: (9) For purposes of the limitations imposed by paragraphs (1)(C), (2)(C), and (3)(B) on the amount of contributions which may be made by any person to a political committee, a contribution made to a political committee which accepts donations or contributions that do not comply with the contribution or source prohibitions under this Act (or made to any account of a political committee which is established for the purpose of accepting such donations or contributions) shall be treated in the same manner as a contribution made to any other political committee to which such paragraphs apply. . (b) Effective date The amendment made by subsection (a) shall apply with respect to contributions made on or after the date of the enactment of this Act. 6. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

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113-hr-1339

I 113th CONGRESS 1st Session H. R. 1339 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Engel (for himself, Mr. Reed , Ms. Brown of Florida , Mr. Farr , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to increase the number of permanent faculty in palliative care at accredited allopathic and osteopathic medical schools, nursing schools, and other programs, to promote education in palliative care and hospice, and to support the development of faculty careers in academic palliative medicine. 1. Short title This Act may be cited as the Palliative Care and Hospice Education and Training Act . 2. Findings Congress makes the following findings: (1) Health care providers need better education about pain management and palliative care. Students graduating from medical school have very little, if any, training in the core precepts of pain and symptom management, advance care planning, communication skills, and care coordination for patients with serious, life-threatening, or terminal illness. (2) Palliative care is interdisciplinary, patient- and family-centered health care for people with serious illnesses. This type of care is focused on providing patients with relief from the symptoms, pain, and stress of a serious illness, whatever the diagnosis. The goal of palliative care is to relieve suffering and improve quality of life for both patients and their families. Palliative care is provided by a team of doctors, nurses, social workers, chaplains, and other specialists who work with a patient’s other health care providers to provide an extra layer of support, including assistance with difficult medical decisionmaking and coordination of care among specialists. Palliative care is appropriate at any age and at any stage in a serious illness, and can be provided together with curative treatment. Palliative care is not dependent on a life-limiting prognosis and may actually help an individual recover from illness by relieving symptoms, such as pain, anxiety, or loss of appetite, while undergoing sometimes difficult medical treatments or procedures, such as surgery or chemotherapy. There were 1,623 hospitals with palliative care programs in 2012. (3) Hospice is palliative care for patients in their last year of life. Considered the model for quality compassionate care for individuals facing a life-limiting illness, hospice provides expert medical care, pain management, and emotional and spiritual support expressly tailored to the patient’s needs and wishes. In most cases, care is provided in the patient’s home but may also be provided in freestanding hospice centers, hospitals, nursing homes, and other long-term care facilities. In 2011, an estimated 1,650,000 patients received services from hospice, and nearly 45 percent of all deaths in the United States occurred under the care of a hospice program. Hospice is a covered benefit under the Medicare program. There were 3,630 Medicare-certified hospices serving more than 1,200,000 beneficiaries in 2011. (4) A 2005 study at Michigan State University found that the formal training of United States doctors in palliative care is grossly inadequate . When the American Society of Clinical Oncology surveyed their members, 65 percent said they had received inadequate education in controlling symptoms associated with cancer, and 81 percent felt they had inadequate mentoring in discussing a poor prognosis with their patients and families. Training in pediatric palliative care is also seriously lacking according to physicians, residents, and medical students responding to a survey presented at a meeting of American Federation for Medical Research. (5) The American Board of Medical Specialties (ABMS) and the Accreditation Council for Graduate Medical Education (ACGME) provided formal subspecialty status for hospice and palliative medicine (HPM) in 2006, and the Centers for Medicare & Medicaid Services recognized hospice and palliative medicine as a medical subspecialty in October of 2008. (6) As of February 2013, there were a total of 89 hospice and palliative medicine training programs accredited by the Accreditation Council for Graduate Medical Education. For the 2012–2013 academic year, these programs were training 206 physicians in hospice and palliative medicine. Some programs include an additional track in research, geriatrics, or public health. (7) There is a large gap between those practicing in the palliative medicine field and the number of physicians needed. A mid-range estimate by the American Academy of Hospice and Palliative Medicine’s Workforce Task Force calls for 6,000 or more full time equivalents to serve current needs in hospice and palliative care programs. At maximum capacity, the current system would produce roughly 4,600 new hospice and palliative medicine certified physicians over the next 20 years, during which time some 70,000,000 new Medicare beneficiaries will enter the Medicare program. At the same time, there is expected to be increasing acceptance of the hospice and palliative approach to care among the general population and health care providers. 3. Palliative care and hospice education and training (a) In general Part D of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.) is amended by adding at the end the following: 759A. Palliative care and hospice education and training (a) Palliative care and hospice education centers (1) In general The Secretary shall award grants or contracts under this section to entities described in paragraph (1), (3), or (4) of section 799B, and section 801(2), for the establishment or operation of Palliative Care and Hospice Education Centers that meet the requirements of paragraph (2). (2) Requirements A Palliative Care and Hospice Education Center meets the requirements of this paragraph if such Center— (A) improves the training of health professionals in palliative care, including res­i­den­cies, traineeships, or fellowships; (B) develops and disseminates curricula relating to the palliative treatment of the complex health problems of individuals with serious or life threatening illnesses; (C) supports the training and retraining of faculty to provide instruction in palliative care; (D) supports continuing education of health professionals who provide palliative care to patients with serious or life threatening illness; (E) provides students (including residents, trainees, and fellows) with clinical training in palliative care in the home, long-term care facilities, home care, hospices, chronic and acute disease hospitals, and ambulatory care centers; (F) establishes traineeships for individuals who are preparing for advanced education nursing degrees in palliative care nursing, home care, hospice, in the home, long-term care, or other nursing areas that specialize in palliative care; and (G) does not duplicate the activities of existing education centers funded under this section or under section 753 or 865. (3) Expansion of existing centers Nothing in this section shall be construed to— (A) prevent the Secretary from providing grants to expand existing education centers, including geriatric education centers established under section 753 or 865, to provide for education and training focused specifically on palliative care, including for non-geriatric populations; or (B) limit the number of education centers that may be funded in a community. (b) Palliative medicine physician training (1) In general The Secretary may make grants to, and enter into contracts with, schools of medicine, schools of osteopathic medicine, teaching hospitals, and graduate medical education programs, for the purpose of providing support for projects that fund the training of physicians (including residents, trainees, and fellows) who plan to teach palliative medicine. (2) Requirements Each project for which a grant or contract is made under this subsection shall— (A) be staffed by full-time teaching physicians who have experience or training in palliative medicine; (B) be based in a hospice and palliative medicine fellowship program accredited by the Accreditation Council for Graduate Medical Education; (C) provide training in palliative medicine through a variety of service rotations, such as consultation services, acute care services, extended care facilities, ambulatory care and comprehensive evaluation units, hospice, home health, and community care programs; (D) develop specific performance-based measures to evaluate the competency of trainees; and (E) provide training in palliative medicine through one or both of the training options described in subparagraphs (A) and (B) of paragraph (3). (3) Training options The training options referred to in subparagraph (E) of paragraph (2) shall be as follows: (A) 1-year retraining programs in hospice and palliative medicine for physicians who are faculty at schools of medicine and osteopathic medicine, or others determined appropriate by the Secretary. (B) 1- or 2-year training programs that shall be designed to provide training in hospice and palliative medicine for physicians who have completed graduate medical education programs in any medical specialty leading to board eligibility in hospice and palliative medicine pursuant to the American Board of Medical Specialties. (4) Definitions For purposes of this subsection the term graduate medical education means a program sponsored by a school of medicine, a school of osteopathic medicine, a hospital, or a public or private institution that— (A) offers postgraduate medical training in the specialties and subspecialties of medicine; and (B) has been accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association through its Committee on Postdoctoral Training. (c) Palliative medicine and hospice academic career awards (1) Establishment of program The Secretary shall establish a program to provide awards, to be known as the Palliative Medicine and Hospice Academic Career Awards , to eligible individuals to promote the career development of such individuals as academic hospice and palliative care physicians. (2) Eligible individuals To be eligible to receive an award under paragraph (1), an individual shall— (A) be board certified or board eligible in hospice and palliative medicine; and (B) have a junior (non-tenured) faculty appointment at an accredited (as determined by the Secretary) school of medicine or osteopathic medicine. (3) Limitations No award under paragraph (1) may be made to an eligible individual unless the individual— (A) has submitted to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, and the Secretary has approved such application; (B) provides, in such form and manner as the Secretary may require, assurances that the individual will meet the service requirement described in paragraph (6); and (C) provides, in such form and manner as the Secretary may require, assurances that the individual has a full-time faculty appointment in a health professions institution and documented commitment from such institution to spend a majority of the total funded time of such individual on teaching and developing skills in interdisciplinary education in palliative care. (4) Maintenance of effort An eligible individual who receives an award under paragraph (1) shall provide assurances to the Secretary that funds provided to the eligible individual under this subsection will be used only to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended by the eligible individual. (5) Amount and term (A) Amount The amount of an award under this subsection shall be equal to the award amount provided for under section 753(c)(5)(A) for the fiscal year involved. (B) Term The term of an award made under this subsection shall not exceed 5 years. (C) Payment to institution The Secretary shall make payments for awards under this subsection to institutions which include schools of medicine and osteopathic medicine. (6) Service requirement An individual who receives an award under this subsection shall provide training in palliative care and hospice, including the training of interdisciplinary teams of health care professionals. The provision of such training shall constitute a majority of the total funded obligations of such individual under the award. (d) Palliative care workforce development (1) In general The Secretary shall award grants or contracts under this subsection to entities that operate a Palliative Care and Hospice Education Center pursuant to subsection (a)(1). (2) Application To be eligible for an award under paragraph (1), an entity described in such paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Use of funds Amounts awarded under a grant or contract under paragraph (1) shall be used to carry out the fellowship program described in paragraph (4). (4) Fellowship program (A) In general Pursuant to paragraph (3), a Palliative Care and Hospice Education Center that receives an award under this subsection shall use such funds to offer short-term intensive courses (referred to in this subsection as a fellowship ) that focus on palliative care that provide supplemental training for faculty members in medical schools and other health professions schools with programs in psychology, pharmacy, nursing, social work, chaplaincy, or other health disciplines, as approved by the Secretary. Such a fellowship shall be open to current faculty, and appropriately credentialed volunteer faculty and practitioners, who do not have formal training in palliative care, to upgrade their knowledge and clinical skills for the care of individuals with serious or life-threatening illness and to enhance their interdisciplinary teaching skills. (B) Location A fellowship under this paragraph shall be offered either at the Palliative Care and Hospice Education Center that is sponsoring the course, in collaboration with other Palliative Care and Hospice Education Centers, or at medical schools, schools of nursing, schools of pharmacy, schools of social work, schools of chaplaincy or pastoral care education, graduate programs in psychology, or other health professions schools approved by the Secretary with which the Centers are affiliated. (C) CME credit Participation in a fellowship under this paragraph shall be accepted with respect to complying with continuing health profession education requirements. As a condition of such acceptance, the recipient shall subsequently provide a minimum of 18 hours of voluntary instruction in palliative care content (that has been approved by a palliative care and hospice education center) to students or trainees in health-related educational, home, hospice, or long-term care settings. (5) Targets A Palliative Care and Hospice Education Center that receives an award under this subsection shall meet targets approved by the Secretary for providing palliative care training to a certain number of faculty or practitioners during the term of the award, as well as other parameters established by the Secretary. (6) Amount of award An award under this subsection shall be in an amount of $150,000. Not more than 24 Palliative Care and Hospice Education Centers may receive an award under this subsection. (7) Maintenance of effort A Palliative Care and Hospice Education Center that receives an award under this subsection shall provide assurances to the Secretary that funds provided to the Center under the award will be used only to supplement, not to supplant, the amount of Federal, State, and local funds otherwise expended by such Center. (e) Palliative care and hospice career incentive awards (1) In general The Secretary shall award grants or contracts under this subsection to individuals described in paragraph (2) to foster greater interest among a variety of health professionals in entering the field of palliative care. (2) Eligible individuals To be eligible to receive an award under paragraph (1), an individual shall— (A) be an advanced practice nurse, a clinical social worker, a pharmacist, a chaplain, or student of psychology who is pursuing a doctorate or other advanced degree in palliative care or related fields in an accredited health professions school; and (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Conditions of award As a condition of receiving an award under this subsection, an individual shall agree that, following completion of the award period, the individual will teach or practice palliative care in health-related educational, home, hospice or long-term care settings for a minimum of 5 years under guidelines established by the Secretary. (4) Payment to institution The Secretary shall make payments for awards under this subsection to institutions which include schools of medicine, osteopathic medicine, nursing, social work, psychology, chaplaincy or pastoral care education, dentistry, and pharmacy, or other allied health discipline in an accredited health professions school that is approved by the Secretary. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section, $44,100,000 for each of the fiscal years 2014 through 2018. . (b) Effective date The amendment made by this section shall be effective beginning on the date that is 90 days after the date of enactment of this Act. 4. Application to advanced practice nurses (a) Advanced education nursing grants Section 811(a) of the Public Health Service Act ( 42 U.S.C. 296j(a) ) is amended— (1) in paragraph (1), by striking and at the end; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1), the following: (2) palliative care and hospice career incentive awards authorized under section 759A(e); and . (b) In general Part D of title VIII of the Public Health Service Act (42 U.S.C. 296p et seq.) is amended by adding at the end the following: 832. Palliative care and hospice education and training (a) Program authorized The Secretary shall award grants to eligible entities to develop and implement, in coordination with programs under section 759A, programs and initiatives to train and educate individuals in providing palliative care in health related educational, hospice, home, or long-term care settings. (b) Use of funds An eligible entity that receives a grant under subsection (a) shall use funds under such grant to— (1) provide training to individuals who will provide palliative care in health-related educational, home, hospice, or long-term care settings; (2) develop and disseminate curricula relating to palliative care in health-related educational, home, hospice, or long-term care settings; (3) train faculty members in palliative care in health related educational, home, hospice, or long-term care settings; or (4) provide continuing education to individuals who provide palliative care in health-related educational, home, hospice, or long-term care settings. (c) Application An eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Eligible entity For purposes of this section, the term eligible entity shall include a school of nursing, a health care facility, a program leading to certification as a certified nurse assistant, a partnership of such a school and facility, or a partnership of such a program and facility. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1339ih/xml/BILLS-113hr1339ih.xml

113-hr-1340

I 113th CONGRESS 1st Session H. R. 1340 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Fattah (for himself, Mr. Grijalva , Ms. Clarke , Ms. Hahn , Mr. Hastings of Florida , Mr. Lewis , Ms. Brown of Florida , Mr. Scott of Virginia , Mr. Rangel , Mr. Conyers , Mr. Payne , Ms. Wilson of Florida , Ms. Eddie Bernice Johnson of Texas , Ms. Lee of California , Mr. Al Green of Texas , Ms. Waters , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to authorize the Secretary of Labor to provide grants for Urban Jobs Programs, and for other purposes. 1. Short title This Act may be cited as the Urban Jobs Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Every school day, nearly 7,000 students become dropouts. Annually, that dropout rate results in about 1,200,000 students not graduating from high school with their peers as scheduled. Lacking a high school diploma, those individuals will be far more likely than graduates to spend their lives periodically unemployed, on government assistance, or cycling in and out of the prison system. (2) The average annual income in 2009 was $19,540 for a high school dropout, compared to $27,380 for a high school graduate, a difference of $7,840. (3) According to a 2011 report by Diploma Counts— (A) about 42 percent of Hispanic students, 43 percent of African-American students, and 46 percent of American Indian students will not graduate on time with a regular high school diploma; and (B) by comparison, 17 percent of Asian students and 22 percent of White students will not graduate as described in subparagraph (A). (4) Among all races and ethnicities, males graduate from high school at a lower rate than their female peers do. Among all students, 68 percent of males and 75 percent of females graduate. (5) According to a report by the College Board Advocacy & Policy Center, one of the most unfortunate destinations for high school dropouts, students, and graduates age 18 to 24 is incarceration in Federal or State prisons or local jails. Since 2000, the number of individuals in the 18 to 24 age group who are incarcerated at the Federal, State, and local levels has risen from about 1,400,000 in 2000 to about 1,600,000 in 2008. Over 475,000 individuals in that age group were incarcerated in 2008, with males accounting for 92.4 percent of all those individuals. In contrast, only 36,000 women in the same age group (7.6 percent) were incarcerated in 2008. (6) High school graduation rates are significantly lower in school districts with higher percentages of students in poverty, measured as students who are eligible for free or reduced price lunches. (7) According to a 2010 National Center for Education Statistics report, high school students from low-income families drop out of high school at 6 times the rate of their peers from high-income families. (8) Over half of State parole entrants are not high school graduates, and as many as eleven percent of the entrants have only an eighth grade education or less. (9) The lowest achieving 25 percent of students are 20 times more likely to drop out of high school, compared to the highest achieving 25 percent of students. (10) According to the Department of Labor, each year approximately 650,000 persons are released from Federal and State prisons. Those ex-prisoners do not return to communities evenly distributed across the United States, but rather return disproportionately to high-poverty communities characterized by high rates of joblessness, crime, and drug abuse. (11) The unemployment rate among ex-prisoners has been estimated to be between 25 and 40 percent. An estimated 19 percent of adults in State prisons are functionally illiterate. Over half of State parole entrants are not high school graduates, and about 11 percent of the entrants have only an eighth grade education or less. (b) Purpose It is the purpose of this Act to provide adequate resources for national or regional nonprofit organizations to prevent and reduce the disproportionate incarceration of eligible youth, especially minority youth, and to prepare eligible youth for entry into employment, or education leading to employment, that places participants on a path to economic self-sufficiency and provides opportunities for advancement, by providing a comprehensive set of services that includes job training, education, and support services. 3. Urban jobs programs (a) In general Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 173A ( 29 U.S.C. 2918a ) the following: 173B. Urban jobs programs (a) Purpose The purpose of this section is to provide, through competitive grants, needed resources for the following objectives: (1) To establish a feeder system for youth ages 18 through 24, who are out-of-school youth or are or have been subject to the criminal justice process, in urban communities, into employment, or education leading to employment, through national or regional intermediaries that have demonstrated effectiveness in conducting outreach to, and serving, eligible youth through a national or regional network of community-based affiliates. (2) To provide a holistic approach for preparing eligible youth in urban communities for entry into employment, or education leading to employment, through a comprehensive set of services. (3) To prevent and reduce the disproportionate incarceration of eligible youth in urban communities, including minority youth. (b) Definitions In this section: (1) Community-based affiliate The term community-based affiliate means a community-based organization that is an affiliate of a national or regional intermediary. (2) Eligible youth The term eligible youth means individuals ages 18 through 24 who— (A) are not enrolled in secondary or post-secondary school; or (B) are or have been subject to any stage of the criminal justice process. (3) National intermediary The term national, with respect to an intermediary, means a national private nonprofit community-based organization that— (A) has an affiliate network comprised of community-based organizations in urban communities in more than one State; and (B) has demonstrated expertise and effectiveness in conducting outreach to eligible youth and providing workforce investment activities to such youth. (4) Recidivism The term recidivism means a tendency to return to criminal behavior. (5) Regional intermediary The term regional , used with respect to an intermediary, means a private nonprofit community-based organization that— (A) has an affiliate network comprised of community-based organizations that— (i) have experience conducting multi-site projects; and (ii) are in a geographic area defined by the Bureau of the Census; and (B) has demonstrated expertise and effectiveness in conducting outreach to eligible youth and providing workforce investment activities to such youth. (6) Unsubsidized job The term unsubsidized job means an employment position with an employer— (A) that pays the wages for the position; and (B) that does not receive public funds for the creation and maintenance of the employment position. (7) Urban jobs program The term Urban Jobs Program means an Urban Jobs Program funded under subsection (c). (c) Urban jobs program grants (1) Grants The Secretary is authorized to make grants, on a competitive basis, to national or regional intermediaries for the purpose of carrying out Urban Jobs Programs that provide a comprehensive set of services to eligible youth in urban communities to provide such youth with a pathway to employment, or education leading to employment. (2) Application (A) Form and procedure To be eligible to receive a grant under this subsection, a national or regional intermediary shall submit an application at such time, in such manner, and accompanied by such information as the Secretary may require. (B) Minimum requirements The Secretary shall require that the application contain, at a minimum— (i) a request for the grant, specifying the amount of the grant requested and proposed uses of the grant funds; (ii) a description of how the national or regional intermediary will meet, for participants in the Urban Jobs Program, goals consisting of— (I) increased long-term employment in unsubsidized jobs; (II) reduced recidivism; (III) increased attainment of the recognized equivalent of a high school diploma; (IV) improved literacy and numeracy; and (V) increased attainment of industry-recognized certificates or credentials, or preparation for entry into an institution of higher education without need for further remediation; (iii) a description of underlying supports for the program, including— (I) engaged community partners; (II) staff expertise in youth development; and (III) demonstrated understanding of youth characteristics; (iv) a description of how the program will enable program participants to achieve outcomes consisting of— (I) creation of caring relationships with peers and staff; (II) creation of goals (such as the attainment described in clause (ii)(III), attainment of employment, admission to or completion of a degree at an institution of higher education, attainment of industry-recognized certificates or credentials, or preparation for entry into an institution of higher education without need for further remediation); (III) participation in opportunities to contribute to the community through service or volunteerism; (IV) development of 21st century workplace skills, including critical thinking and collaboration; (V) development of a sense of responsibility for one’s future; (VI) development of plans or strategies to meet one’s goals; (VII) reduction of risk-taking behaviors; (VIII) achievement of improved educational outcomes (such as numeracy, literacy, or the attainment described in clause (ii)(II)); (IX) achievement of improved employment outcomes; and (X) reduction of recidivism; and (v) a description of activities to be provided through the Urban Jobs Program that lead to the attainment of industry-recognized certificates or credentials described in paragraph (3). (3) Eligible activities A national or regional intermediary that receives a grant under this subsection shall use the funds made available through the grant to carry out an Urban Jobs Program, which shall include the following comprehensive set of services: (A) Case management, through an individual responsible for helping participants navigate the Urban Jobs Program activities. (B) Educational services, including skill assessment, reading and math remediation, educational enrichment, services involving preparation for and opportunities for attainment of the recognized equivalent of a high school diploma, services that connect to career pathways such as opportunities for attainment of industry-recognized certificates or credentials or for preparation for entry into an institution of higher education without the need for further remediation, and postsecondary education. (C) Employment and job readiness activities, including mentoring, community service opportunities, internships, on-the-job training, occupational skills training, personal development, and unsubsidized jobs. (D) Support services, health and nutrition service referral, substance abuse counseling and treatment, and provision of housing assistance, interpersonal and basic living skills, and transportation, child care, clothing, and other assistance as needed. (4) Limitation Not more than 2 percent of the funds appropriated for any fiscal year under section 174(d) may be used for expenses associated with carrying out this subsection. (d) Reports (1) In general Not later than August 1 following each program year for which amounts are made available to carry out this section, the Secretary of Labor shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that details the progress made under this section in establishing Urban Jobs Programs through national or regional intermediaries. (2) Inapplicability of Section 172 The program shall not be subject to evaluations required under section 172. (e) National jobs council advisory committee (1) Establishment The Secretary of Labor shall establish a committee to be known as the National Jobs Council Advisory Committee (referred to in this subsection as the Committee ). (2) Membership The Committee shall be comprised of 12 members, appointed by the Secretary, consisting of— (A) 3 individuals from the private sector, who are senior human resources or diversity employees with national or regional responsibilities, and who have experience in oversight that includes hiring, employee training, or overseeing employee relations; (B) 5 representatives of employers in high-impact, high-growth industries, as defined by the Secretary; (C) 1 national intermediary staff member; (D) 1 regional intermediary staff member; and (E) 2 representatives from the Department of Labor. (3) Period of appointment; vacancies Members shall be appointed for the life of the Committee. Any vacancy in the Committee shall not affect the powers of the Committee, but shall be filled in the same manner as the original appointment was made. (4) Duties (A) Analysis The Committee shall analyze, and prepare recommendations for the Secretary concerning— (i) the design and operation of the program carried out under this section; (ii) long-term strategic priorities for the program; and (iii) the formulation and application of guidelines related to activities carried out under the program. (B) Reports The Committee shall prepare and submit to the Secretary periodic reports containing the recommendations described in subparagraph (A). (5) Personnel (A) Travel expenses The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Committee. (B) Detail of government employees Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (6) Permanent committee Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (f) Sense of Congress regarding local advisory committees It is the sense of Congress that— (1) a community-based affiliate receiving funding under this section should establish a local jobs council advisory committee to aid in establishing support from the local community for and guiding the local implementation of the program; and (2) not less than 1/3 of the members of the committee should be employers in high-impact, high-growth industries in the locality. . (b) Funding Section 174 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2919 ) is amended by adding at the end the following: (d) Urban Jobs Programs There is authorized to be appropriated to carry out section 173B— (1) $20,000,000 for fiscal year 2012; (2) $30,000,000 for fiscal year 2013; (3) $40,000,000 for fiscal year 2014; (4) $50,000,000 for fiscal year 2015; and (5) $60,000,000 for fiscal year 2016. . (c) Conforming amendment The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended— (1) by inserting a period at the end of the item relating to section 173A; and (2) by inserting after the item relating to section 173A the following: Sec. 173B. Urban jobs programs. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1340ih/xml/BILLS-113hr1340ih.xml

113-hr-1341

I 113th CONGRESS 1st Session H. R. 1341 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Fincher introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Financial Stability Oversight Council to conduct a study of the likely effects of the differences between the United States and other jurisdictions in implementing the derivatives credit valuation adjustment capital requirement. 1. Short title This Act may be cited as the Financial Competitive Act of 2013 . 2. Study of implementation of basel iii capital requirements related to derivatives exposures (a) Study The Financial Stability Oversight Council shall conduct a study of the likely effects that differences between the United States and other jurisdictions in implementing the derivatives credit valuation adjustment (in this section referred to as CVA ) capital requirement would have on— (1) United States financial institutions that conduct derivatives transactions and participate in derivatives markets; (2) end users of derivatives; and (3) international derivatives markets. (b) Content The study required by subsection (a) shall include— (1) an assessment of— (A) the extent to which there are differences in the approaches that the United States and other jurisdictions are taking regarding implementation of the CVA capital requirement, and the nature of the differences; (B) the impact that the differences would have on— (i) United States financial institutions that conduct derivatives transactions and participate in derivatives markets, including their ability to serve end users of derivatives; (ii) pricing and other costs of, and services available to, end users of derivatives in the United States and other jurisdictions; and (iii) the competitiveness of United States financial institutions and United States derivatives markets, including the extent to which differences in the CVA capital requirement could shift derivatives business among jurisdictions; and (C) the interaction between differing CVA capital requirements and margin rules; and (2) recommendations regarding steps that the Congress and the Federal financial regulatory agencies that comprise the Financial Stability Oversight Council should take to— (A) minimize any expected negative effects on United States financial institutions, derivatives markets, and end users; and (B) encourage greater international consistency in implementation of internationally agreed capital, liquidity, and other prudential standards. (c) Report No later than 90 days after the date of the enactment of this Act, the Financial Stability Oversight Council shall submit a written report containing the results of the study to the Chairman and ranking minority member of the Committees on Agriculture and Financial Services of the House of Representatives, and the Chairman and ranking minority member of the Committees on Agriculture, Nutrition, and Forestry, and Banking, Housing, and Urban Affairs of the Senate.

https://www.govinfo.gov/content/pkg/BILLS-113hr1341ih/xml/BILLS-113hr1341ih.xml

113-hr-1342

I 113th CONGRESS 1st Session H. R. 1342 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Fleming introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal provisions of the Patient Protection and Affordable Care Act relating to health savings accounts, and for other purposes. 1. Short title, etc (a) Short title This Act may be cited as the Helping Save Americans’ Health Care Choices Act of 2013 . (b) Table of sections The table of sections for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Repeal of additional tax from distributions from HSAs and MSAs. Sec. 3. Repeal of limitation on deductions making non-prescription drugs non-qualifying distributions from tax-preferred accounts. Sec. 4. Treatment of high deductible health plans as qualified health plan under the Patient Protection and Affordable Care Act. Sec. 5. Repeal of limitation on health flexible spending arrangements under cafeteria plans. Sec. 6. Saver’s credit for contributions to health savings accounts. Sec. 7. HSA funds for premiums for high deductible health plans. Sec. 8. Requiring greater coordination between high deductible health plan administrators and HSA account administrators so that enrollees can enroll in both at the same time. Sec. 9. Special rule for certain medical expenses incurred before establishment of account. Sec. 10. Provisions relating to medicare. Sec. 11. Individuals eligible for veterans benefits for a service-connected disability. Sec. 12. Increase the maximum contribution limit to an HSA to match deductible and out-of-pocket expense limitation. Sec. 13. FSA funds may be used for long-term care insurance premiums. Sec. 14. Individuals eligible for TRICARE. Sec. 15. Certain physician fees to be treated as medical care. Sec. 16. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 17. High deductible health plans renamed as HSA qualified health plans. 2. Repeal of additional tax from distributions from HSAs and MSAs Section 9004 of the Patient Protection and Affordable Care Act is hereby repealed, and effective as of the date of the enactment of such Act the provisions of the Internal Revenue Code of 1986 amended by such section are amended to read as such provisions would read if such section had never been enacted. 3. Repeal of limitation on deductions making non-prescription drugs non-qualifying distributions from tax-preferred accounts Section 9003 of the Patient Protection and Affordable Care Act is hereby repealed, and effective as of the date of the enactment of such Act the provisions of the Internal Revenue Code of 1986 amended by such section are amended to read as such provisions would read if such section had never been enacted. 4. Treatment of high deductible health plans as qualified health plan under the Patient Protection and Affordable Care Act Subparagraph (B) of section 1301(a)(1) of the Patient Protection and Affordable Care Act is amended by inserting or meets the requirements for a high deductible health plan under section 223(c)(2) of the Internal Revenue Code of 1986 after section 1302(a) . 5. Repeal of limitation on health flexible spending arrangements under cafeteria plans Sections 9005 and 10902 of the Patient Protection and Affordable Care Act are hereby repealed, and effective as of the date of the enactment of such Act the provisions of the Internal Revenue Code of 1986 amended by such sections are amended to read as such provisions would read if such sections had never been enacted. 6. Saver’s credit for contributions to health savings accounts (a) Allowance of credit Subsection (a) of section 25B of the Internal Revenue Code of 1986 is amended by inserting aggregate qualified HSA contributions and after so much of the . (b) Qualified HSA contributions Subsection (d) of section 25B of such Code is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: (2) Qualified HSA contributions The term qualified HSA contribution means, with respect to any taxable year, a contribution of the eligible individual to a health savings account (as defined in section 223(d)(1)) for which a deduction is allowable under section 223(a) for such taxable year. . (c) Conforming amendment The first sentence of section 25B(d)(3)(A) of such Code (as redesignated by subsection (b)) is amended to read as follows: The aggregate qualified retirement savings contributions determined under paragraph (1) and qualified HSA contributions determined under paragraph (2) shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from any entity of a type to which contributions under paragraph (1) or paragraph (2) (as the case may be) may be made. . (d) Effective date The amendments made by this section shall apply to contributions made after December 31, 2013. 7. HSA funds for premiums for high deductible health plans (a) In general Subparagraph (C) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (iii), by striking the period at the end of clause (iv) and inserting , or , and by adding at the end the following: (v) a high deductible health plan if— (I) such plan is not offered in connection with a group health plan, and (II) no portion of any premium (within the meaning of applicable premium under section 4980B(f)(4)) for such plan is excludable from gross income under section 106. . (b) Effective Date The amendment made by subsection (a) shall apply to premiums for a high deductible health plan for periods beginning after December 31, 2013. 8. Requiring greater coordination between high deductible health plan administrators and HSA account administrators so that enrollees can enroll in both at the same time The Secretary of the Treasury, through the issuance of regulations or other guidance, shall encourage administrators of health plans and trustees of health savings accounts to provide for simultaneous enrollment in high deductible health plans and setup of health savings accounts. 9. Special rule for certain medical expenses incurred before establishment of account (a) In general Subsection (d) of section 223 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Treatment of account established before tax return due for tax year For purposes of this section, if, before the time prescribed by law for filing the return of tax for a taxable year (not including extensions thereof), a taxpayer— (A) establishes a health savings account, (B) makes contributions to a health savings account on account of such taxable year, or (C) makes payments or distributions from a health savings account for such taxable year, the health savings account shall be deemed to be established on the last day of such taxable year and such contributions and distributions shall be deemed to have been made on account of such taxable year. . (b) Conforming amendment Paragraph (5) of section 223(d) of such Code, as redesignated by subsection (a), is amended by striking subparagraph (B) and redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively. (c) Effective date The amendments made by this section shall apply with respect to health savings accounts established, and contributions to and distributions from health savings accounts after, the date of the enactment of this Act. 10. Provisions relating to medicare (a) Individuals over age 65 only enrolled in medicare part A Section 223(b)(7) of the Internal Revenue Code of 1986 (relating to contribution limitation on Medicare eligible individuals) is amended by adding at the end the following new sentence: This paragraph shall not apply to any individual during any period the individual’s only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a)(1) of such Act. . (b) Medicare beneficiaries participating in medicare advantage MSA may contribute their own money to their MSA Subsection (b) of section 138 of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 11. Individuals eligible for veterans benefits for a service-connected disability (a) In general Section 223(c)(1) of the Internal Revenue Code of 1986 (defining eligible individual) is amended by adding at the end the following new subparagraph: (C) Special rule for individuals eligible for certain veterans benefits For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives periodic hospital care or medical services for a service-connected disability under any law administered by the Secretary of Veterans Affairs but only if the individual is not eligible to receive such care or services for any condition other than a service-connected disability. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 12. Increase the maximum contribution limit to an HSA to match deductible and out-of-pocket expense limitation (a) Self-Only coverage Subparagraph (A) of section 223(b)(2) of the Internal Revenue Code of 1986 is amended by striking $2,250 and inserting the amount in effect under subsection (c)(2)(A)(ii)(I) . (b) Family coverage Subparagraph (B) of section 223(b)(2) of such Code is amended by striking $4,500 and inserting the amount in effect under subsection (c)(2)(A)(ii)(II) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 13. FSA funds may be used for long-term care insurance premiums (a) In general Subsection (c) of section 106 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (2) as paragraph (3) and by amending so much of such subsection as precedes such paragraph (3) to read as follows: (c) Long-Term care benefits provided through flexible spending arrangements (1) In general Effective on and after January 1, 2013, gross income of an employee shall not include employer-provided coverage for qualified long-term care services (as defined in section 7702B(c)) to the extent that such coverage is provided through a flexible spending or similar arrangement. (2) Premiums for long-term care Qualified medical expenses for which reimbursement may be made by distributions from a flexible spending arrangement shall include amounts paid for long-term care coverage. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 14. Individuals eligible for TRICARE (a) In general Section 223(c)(1) of the Internal Revenue Code of 1986 (defining eligible individual), as amended by section 11, is amended by adding at the end the following new subparagraph: (D) Special rule for individuals eligible for assistance under TRICARE For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual is eligible to receive hospital care, medical services, or prescription drugs under TRICARE Extra or TRICARE Standard and such individual is not enrolled in TRICARE Prime. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 15. Certain physician fees to be treated as medical care (a) In General Subsection (d) of section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Pre-paid physician fees The term medical care shall include amounts paid by patients to their primary physician in advance for the right to receive medical services on an as-needed basis. . (b) Effective Date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 16. Allow both spouses to make catch-up contributions to the same HSA account (a) In General Paragraph (3) of section 223(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Special rule where both spouses are eligible individuals with 1 account If— (i) an individual and the individual’s spouse have both attained age 55 before the close of the taxable year, and (ii) the spouse is not an account beneficiary of a health savings account as of the close of such year, the additional contribution amount shall be 200 percent of the amount otherwise determined under subparagraph (B). . (b) Effective Date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 17. High deductible health plans renamed as HSA qualified health plans (a) In general The following sections of the Internal Revenue Code of 1986 are each amended by striking high deductible health plan each place it appears and inserting HSA qualified health plan : (1) Section 26(b)(2)(S). (2) Paragraphs (3) and (5)(B)(ii) of section 106(e). (3) Section 223. (4) Section 408(d)(9). (b) Special rules The amendments made by this section, the matter being inserted shall bear the same case, number, font, and font size as the matter being replaced.

https://www.govinfo.gov/content/pkg/BILLS-113hr1342ih/xml/BILLS-113hr1342ih.xml

113-hr-1343

I 113th CONGRESS 1st Session H. R. 1343 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Fudge 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 direct the Secretary of Education to award grants for science, technology, engineering, and math education programs. 1. Short title This Act may be cited as the Project Ready STEM Act . 2. Findings and Purpose (a) Findings Congress finds the following: (1) Employment projections forecast a 17 percent growth in the STEM fields over the next decade. (2) Ninety-two percent of STEM occupations will require at least some post-secondary education. (3) While the number of degrees awarded in STEM fields has increased steadily since the 1960s, the overall share of STEM degrees awarded has actually shrunk in comparison to all degrees conferred. (4) Internationally, a larger proportion of all degrees awarded are in the STEM fields. While 16 percent of degrees awarded in the United States are in STEM fields, nearly 50 percent of degrees awarded in China, 38 percent in South Korea, and 28 percent in Germany are in STEM fields. (5) Minorities are seriously underrepresented in the science and engineering workforce in the United States, with just under 6 percent of Blacks and over 5 percent of Hispanics participating in the STEM workforce. (6) Twenty-one percent of Black college students enter college with STEM majors, but only 16 percent actually receive a bachelor’s degree in a STEM major. (7) Over ½ of Black students that enroll in a 4-year university are interested in STEM, but are not proficient in math. (8) Since 1990, mathematic scores on the assessments conducted by the National Assessment of Education Progress have increased for all students, but White students have average scores 27 points higher than Black and Hispanic students. (9) After school programs play an important role in addressing the achievement gap in underserved communities. Studies demonstrate that STEM learning during the school day is necessary but not sufficient for life-long STEM literacy. (10) As many as 8,400,000 students are enrolled in after school programs. Ethnic minority children are more likely than non-minority children to participate in after school programs. While 15 percent of all students are enrolled in after school programs, 24 percent of Black students and 21 percent of Hispanic students are enrolled in such programs. (b) Purpose The purpose of this Act is to prepare middle school and secondary school students to be ready for opportunities in the STEM fields in college and in careers through strong after school, summer, and weekend programs that focus on STEM education. 3. Amendment to ESEA for STEM grants Title II of the Elementary and Secondary Education Act of 1964 ( 20 U.S.C. 6601 et seq. ) is amended— (1) in the heading, by inserting and STEM Grants after Partnerships ; (2) by inserting after the heading of part B the following: 1 Math and Science Partnerships ; and (3) by inserting after section 2203 the following new subpart: 2 STEM Grants 2211. Project ready STEM grant program (a) Authorization The Secretary is authorized to award grants, to be known as Project Ready STEM Program grants, to national and regional intermediaries to establish in-school, after school, summer, and weekend programs that focus on science, technology, engineering, and math (referred to in this section as STEM ) education. (b) Application A national or regional intermediary seeking a grant under this section shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require, including the following: (1) The amount requested and the proposed use of the funds. (2) A description of how the national or regional intermediary will require a community-based affiliate operating a Project Ready STEM Program to provide the following: (A) A program description, including a description of— (i) the project-based learning that the program will use and the applicability of such projects to students’ lives after graduation from secondary school; (ii) the academic instruction, research model, or curriculum that the program will use; and (iii) any service-learning opportunities that will be available to students. (B) Evidence that the Project Ready STEM Program will primarily serve students who are traditionally underrepresented in STEM field careers. (C) A description of the student recruitment plan, student retention plan, and parental engagement plan. (D) A description of the professional development and training that the community-based affiliate will provide to its Project Ready STEM Program staff. (E) A description of the community-based affiliate’s collaboration with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 10001)). (F) A description of how the community-based affiliate will enable students who participate in the program to achieve the goals in subsection (c). (c) Goals The goals of the Project Ready STEM Programs are the following: (1) To increase awareness of and exposure to current science content, scientific processes, and tools for students who are traditionally underrepresented in STEM field careers. (2) To provide STEM learning that is connected to workforce skills that are essential in the 21st century. (3) To increase on time grade promotion, the number of students who graduate high school, and the number of students who pursue opportunities in STEM fields. (4) To increase enrollment in and completion of more STEM related coursework in school for students who are traditionally underrepresented in STEM field careers. (5) To increase awareness of students who are traditionally underrepresented in STEM field careers of the opportunities after graduation from secondary school in STEM fields, including college majors in STEM and careers in STEM. (6) For students to have the experience of interacting with staff who demonstrate a positive attitude toward STEM fields. (7) To facilitate project-based learning and service-learning. (d) Allocation A national or regional intermediary that receives a grant under this section shall reserve— (1) not more than 25 percent to provide technical and administrative assistance to and collect data from its community-based affiliates to which it makes subgrants; (2) not less than 50 percent for subgrants to community-based affiliates that have demonstrated effectiveness in operating STEM programs in order for such affiliates to expand such STEM programs to reach more students who are traditionally underrepresented in STEM field careers; and (3) not less than 25 percent for subgrants to community-based affiliates that do not operate STEM programs in order for such affiliates that seek to develop new STEM programs that are consistent with the goals of this section to develop and establish such new STEM programs. (e) Subgrants to community-Based affiliates (1) Application A community-based affiliate seeking a subgrant shall submit an application to its national or regional intermediary at such time, in such form, and containing such information as the national or regional intermediary may reasonably require. (2) Uses of funds A community-based affiliate that receives a subgrant under this section to operate a Project Ready STEM Program shall operate an in-school, after school, summer, or weekend program that focuses on STEM education and primarily serves students who are traditionally underrepresented in STEM field careers. Such program shall include the following: (A) Educational services that include— (i) an initial assessment of students’ progress in math, science, and reading; (ii) remediation and educational enrichment services; and (iii) helping students to improve their study skills. (B) Project-based learning opportunities. (C) Individualized instruction and tracking of student progress that is aligned with in-school performance. (3) Collaboration A community-based affiliate that receives a subgrant under this section shall collaborate with an institution of higher education to provide the services described in paragraph (2). (f) Reports (1) Secretary report to Congress The Secretary shall submit a report annually to the Committee on Education and the Workforce in the House of Representatives and the Committee on Health, Education, Labor, and Pensions in the Senate on the progress that national and regional intermediaries and their community-based affiliates operating Project Ready STEM Programs have made toward achieving the goals in subsection (c). (2) National or regional intermediary report to the Secretary A national or regional intermediary receiving a grant under this section shall submit a report annually to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the progress that its community-based affiliates operating Project Ready STEM Programs have made toward achieving the goals in subsection (c). (3) Community-based affiliate report to its national or regional intermediary A community-based affiliate that receives a subgrant under this section shall submit a report annually to the national or regional intermediary that awarded such subgrant at such time, in such manner, and containing such information as the intermediary may require, including the progress its Project Ready STEM Program has made toward achieving the goals in subsection (c). (g) Definitions In this section: (1) Community-based affiliate The term community-based affiliate means a community-based organization (as defined in section 9101) that is an affiliate of a national or regional intermediary. (2) National intermediary The term national intermediary means a national private nonprofit organization that— (A) has a network comprised of community-based affiliates in not less than 50 urban communities; (B) has demonstrated expertise and effectiveness in overseeing programs to help middle school and secondary school students succeed, including programs to help such students become college-ready and career-ready; and (C) has operated in not less than 25 States continuously for not less than 20 years. (3) Project-based learning The term project-based learning means learning through a broad project that includes instruction, substantive content, and reflection, with the goal that students who participate in the project will achieve a concrete goal or complete a project. (4) Regional intermediary The term regional intermediary means a private nonprofit community-based organization that— (A) has a network comprised of community-based affiliates in a prescribed region; and (B) has demonstrated expertise and effectiveness in conducting outreach and providing education activities to middle school and secondary school students. (h) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section— (1) $20,000,000 for fiscal year 2014; (2) $30,000,000 for fiscal year 2015; (3) $40,000,000 for fiscal year 2016; and (4) $50,000,000 for fiscal year 2017. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1343ih/xml/BILLS-113hr1343ih.xml

113-hr-1344

I 113th CONGRESS 1st Session H. R. 1344 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Gabbard (for herself, Mr. Joyce , 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 direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to provide expedited air passenger screening to severely injured or disabled members of the Armed Forces and severely injured or disabled veterans, and for other purposes. 1. Short title This Act may cited as the Helping Heroes Fly Act . 2. Operations center program for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans (a) In general Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following new section: 44927. Expedited screening for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans (a) Passenger screening The Assistant Secretary, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and organizations that advocate on behalf of members of the Armed Forces and veterans, including organizations that advocate on behalf of severely injured or disabled members of the Armed Forces and severely injured or disabled veterans, shall develop and implement a process to provide expedited passenger screening services for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans. Such process shall be designed to protect the privacy of the individual being screened to the maximum extent practicable. (b) Operations center As part of the process required under subsection (a), the Assistant Secretary shall maintain an operations center to provide support and facilitate the movement of severely injured or disabled members of the Armed Forces and severely injured or disabled veterans through screening prior to boarding a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. Such operations center shall be operational at all times. (c) Protocols The Assistant Secretary shall— (1) establish and publish protocols, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and organizations that advocate on behalf of members of the Armed Forces and veterans, including organizations that advocate on behalf of severely injured or disabled members of the Armed Forces and severely injured or disabled veterans, under which a severely injured or disabled member of the Armed Forces or severely injured or disabled veteran, or the family member or other representative of such a member or veteran, may contact the operations center maintained under subsection (b) and request expedited screening services described in subsection (a) for the member or veteran; and (2) upon receipt of such a request, require such operations center to notify the appropriate Federal security director of the request to facilitate the expedited passenger screening services described in subsection (a) for the member or veteran. (d) Training The Assistant Secretary shall integrate training on the protocols established under subsection (c) into the training provided to new employees and recurrent training for all employees who provide passenger screening services. (e) Report Not later than one year after the date of the enactment of this section, and annually thereafter, the Assistant Secretary shall submit to Congress a report on the implementation of this section. Each such report shall include each of the following: (1) Information on the training provided under subsection (d). (2) Information on the consultations between the Assistant Secretary and organizations that advocate on behalf of members of the Armed Forces and veterans as described in subsection (a). (3) The number of people who accessed the operations center during the period covered by the report. (4) Such other information as the Assistant Secretary determines is appropriate. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 44926 following new item: 44927. Expedited screening for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1344ih/xml/BILLS-113hr1344ih.xml

113-hr-1345

I 113th CONGRESS 1st Session H. R. 1345 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Gosar (for himself, Mr. Matheson , Mr. Amodei , Mrs. Lummis , Mr. Pearce , Mr. Walden , Mr. Schweikert , Mr. Cramer , Mr. Franks of Arizona , Mrs. Kirkpatrick , Mr. McClintock , Mr. Salmon , Mr. Conaway , and Mr. Stewart ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To address the forest health, public safety, and wildlife habitat threat presented by the risk of wildfire, including catastrophic wildfire, on National Forest System lands and public lands managed by the Bureau of Land Management by requiring the Secretary of Agriculture and the Secretary of the Interior to expedite forest management projects relating to hazardous fuels reduction, forest health, and economic development, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Catastrophic Wildfire Prevention Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Purposes. Title I—Reauthorizing and expanding authorities used for hazardous fuels reduction, forest health, forest restoration, and watershed restoration. Sec. 101. Stewardship end result contracting authority. Sec. 102. Forest Service and Bureau of Land Management good-neighbor cooperation. Sec. 103. Clarification of Flame Wildfire Suppression Reserve Fund authority. Title II—Expedited process for the implementation of wildfire prevention projects near at-risk communities. Sec. 201. Definitions. Sec. 202. Eligible wildfire prevention projects. Sec. 203. Environmental analysis. Sec. 204. Administrative and judicial review. 2. Purposes The purposes of this Act are as follows: (1) Provide the Secretary of Agriculture and the Secretary of the Interior the tools to reduce the potential for wildfires. (2) Expedite wildfire prevention projects to reduce the chances of wildfire on certain high-risk Federal lands. (3) Reduce threats to endangered species from wildfires. I Reauthorizing and expanding authorities used for hazardous fuels reduction, forest health, forest restoration, and watershed restoration. 101. Stewardship end result contracting authority (a) Extension of authority Subsection (a) of section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105–277 ; 16 U.S.C. 2104 note), as most recently amended by section 323 of Public Law 108–7 (117 Stat. 275), is amended by striking Until September 30, 2013 and inserting Until September 30, 2023 . (b) Contract duration Subsection (c)(2) of such section is amended by striking 10 years and inserting 20 years . (c) Cancellation or termination costs Subsection (c) of such section is amended by adding at the end the following new paragraph: (6) Cancellation or termination costs (A) In general Notwithstanding section 3903 of title 41, United States Code, the Secretary of Agriculture and the Secretary of the Interior are not required to obligate funds to cover the cost of cancelling or terminating a multiyear stewardship contract or agreement until such contract or agreement is cancelled or terminated. (B) Funding sources The costs of cancelling or terminating of a multiyear stewardship contract or agreement may be paid from— (i) appropriations originally made available for the performance of the contract or agreement; (ii) appropriations currently available for procurement of the type of service concerned, and not otherwise obligated; or (iii) funds appropriated for payments for that performance or procurement. (C) Anti-Deficiency Act violations In a case in which payment or obligation of funds under this paragraph would constitute a violation of section 1341 of title 31, United States Code (commonly known as the Anti-Deficiency Act), the Secretary may— (i) seek a supplemental appropriation; or (ii) request funds from the permanent judgment appropriation established pursuant to section 1304 of such title. . (d) Payments to counties Subsection (d) of such section is amended by adding at the end the following new paragraph: (4) Payments to counties 25 percent of timber sale receipts from a contract or agreement entered into under the authority of this section and after the date of the enactment of this paragraph shall be paid to the county within whose boundaries the receipts are derived. Payments to a county made under this paragraph shall be in addition to the amounts received under chapter 69 of title 31, United States Code (Payment in Lieu of Taxes; 31 U.S.C. 6901 et seq.). . 102. Forest Service and Bureau of Land Management good-neighbor cooperation (a) Definitions In this section: (1) Eligible State The term eligible State means a State that contains National Forest System land or Bureau of Land Management land. (2) Federal land The term Federal land means— (A) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )); or (B) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )). (3) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, in the case of National Forest System land; and (B) the Secretary of the Interior, in the case of public lands administered by the Secretary of Interior through the Bureau of Land Management. (4) State Forester The term State Forester means the head of a State agency with jurisdiction over State forestry programs in an eligible State. (b) Cooperative agreements and contracts (1) In general The Secretary concerned may enter into a cooperative agreement or contract (including a sole source contract) with a State Forester to authorize the State Forester to provide the forest, rangeland, and watershed restoration and protection services described in paragraph (2) on Federal lands administered by the Secretary concerned, in the eligible State. (2) Authorized services The forest, rangeland, and watershed restoration and protection services referred to in paragraph (1) include the conduct of— (A) activities to treat insect infected trees; (B) activities to reduce hazardous fuels; or (C) any other activities determined by the Secretary concerned to appropriate to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (3) State as agent Except as provided in paragraph (6), a cooperative agreement or contract entered into under paragraph (1) may authorize the State Forester to serve as the agent for the Secretary concerned in providing the restoration and protection services authorized under that paragraph. (4) Subcontracts In accordance with applicable contract procedures for the eligible State, a State Forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under paragraph (1). (5) Timber sales Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ) shall not apply to services performed under a cooperative agreement or contract entered into under paragraph (1). (6) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to any restoration and protection services to be provided under this section by a State Forester on Federal land, shall not be delegated to a State Forester or any other officer or employee of the eligible State. (c) Applicable law The restoration and protection services to be provided under this section shall be carried out on a project-to-project basis under existing applicable authorities of the Forest Service and the Bureau of Land Management. (d) Termination of effectiveness The authority of the Secretary concerned to enter into cooperative agreements and contracts under this Act terminates on September 30, 2023. (e) Duration of contracts A cooperative agreement or contract entered into under this Act shall not extend beyond 20 years. 103. Clarification of Flame Wildfire Suppression Reserve Fund authority (a) Clarification Section 502(c) of the Federal Land Assistance, Management, and Enhancement Act of 2009 ( 43 U.S.C. 1748a(c) ) is amended by inserting and burn area responses, including flood prevention, after events . II Expedited process for the implementation of wildfire prevention projects near at-risk communities. 201. Definitions In this title: (1) At-risk community The term at-risk community has the meaning given that term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). (2) At-risk forest The term at-risk forest means— (A) Federal land in condition class II or III, as those classes were developed by the Forest Service Rocky Mountain Research Station in the general technical report titled Development of Coarse-Scale Spatial Data for Wildland Fire and Fuel Management (RMRS–87) and dated April 2000 or any subsequent revision of the report; or (B) Federal land where there exists a high risk of losing an at-risk community, key ecosystem, water supply, wildlife, or wildlife habitat to wildfire, including catastrophic wildfire and post-fire disturbances, as designated by the Secretary concerned. (3) Federal land (A) Covered land The term Federal land means— (i) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )); or (ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )). (B) Excluded land The term does not include land in which the removal of vegetation is specifically prohibited by Federal law unless the land is in an inventoried roadless area or Wilderness Study Areas (WSAs). (4) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, in the case of National Forest System land; and (B) the Secretary of the Interior, in the case of public lands administered by the Secretary of Interior through the Bureau of Land Management. (5) Threatened and endangered species habitat The term threatened and endangered species habitat means Federal land where natural fire regimes are identified as being important for, or unnatural wildfire is identified as a threat to, an endangered species, a threatened species, or habitat of an endangered species or threatened species. (6) Eligible wildfire prevention project The term eligible wildfire prevention project means the measures and methods developed for a project to be carried out on Federal land or on threatened and endangered species habitat by the Secretary concerned for hazardous fuels reduction, forest health, forest restoration, watershed restoration, or threatened and endangered species habitat protection using ecological restoration principles consistent with the forest type where such project will occur. 202. Eligible wildfire prevention projects (a) Implementation As soon as practicable after the date of the enactment of this Act, the Secretary concerned shall implement eligible wildfire prevention projects in at-risk forests and on threatened and endangered species habitat in a manner that focuses on surface, ladder, and canopy fuels reduction activities using ecological restoration principles consistent with the forest type in the location where such project will occur. (b) Project elements (1) Threatened and endangered species habitat Wildfire prevention projects carried out on threatened and endangered species habitat shall be carried out to provide enhanced protection from wildfire, including unnatural wildfire, for the endangered species, threatened species, or habitat of the endangered species or threatened species. (2) At-risk forests In the case of an eligible wildfire prevention project carried out in an at-risk forest, the project shall be carried out to move Federal land in condition class II or III toward condition class I, using ecological restoration principles consistent with the forest type in the location where such project will occur. (c) Authorized practices (1) In general An eligible wildfire prevention project may include livestock grazing and timber harvest projects carried out for the purposes of hazardous fuels reduction, forest health, forest restoration, watershed restoration, or threatened and endangered species habitat protection or improvement, if the management action is consistent with achieving long-term ecological restoration of the forest type in the location where such project will occur. (2) Grazing Domestic livestock grazing may be used in an eligible wildfire prevention project to reduce surface fuel loads and to recover burned areas. Utilization standards shall not apply when domestic livestock grazing is used in an eligible wildfire prevention project. (3) Timber harvesting and thinning Timber harvesting and thinning, where the ecological restoration principles are consistent with the forest type in the location where such project will occur, may be used in an eligible wildfire prevention project to reduce ladder and canopy fuel loads to prevent unnatural fire. (d) Relation to land and resource management plans and land use plan Nothing in this section requires the Secretary concerned, as a condition of conducting an eligible wildfire prevention project, to revise or amend the land and resource management plan applicable to the National Forest System lands or the land use plan applicable to the public lands on which the project will be conducted. 203. Environmental analysis (a) Analysis of proposed action and no action alternative (1) Environmental assessment or environmental impact statement required For each proposed eligible wildfire prevention project, the Secretary concerned shall— (A) study, develop, and describe the proposed action and the no action alternative; and (B) prepare an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). (2) No requirement for alternative action study Except as provided in subsection (b), the Secretary concerned is not required to study, develop, or describe any alternative actions, other than the no action alternative, to the proposed agency action. (3) Deadlines for completion (A) Environmental assessment deadline An environmental assessment prepared for a proposed eligible wildfire prevention project shall be completed within 60 days of the commencement of preparation of the assessment. (B) Environmental impact statement deadline An environmental impact statement prepared for a proposed eligible wildfire prevention project shall be completed within 90 days of the commencement of preparation of the environmental impact statement. (C) Effect of failure to meet deadline The proposed eligible wildfire prevention project shall be deemed compliant with all requirements of the National Environmental Policy Act of 1969 if the Secretary concerned fails to meet the specified deadline. (4) Environmental analysis duration The environmental assessment of an authorized practice utilized in an eligible wildfire prevention project shall be deemed sufficient for a minimum of— (A) 10 years in the case of a livestock grazing project; or (B) 20 years in the case of a timber harvest project. (b) Categorical exclusion If an eligible wildfire prevention project, located in a at-risk area, involves the removal of insect-infected trees or other hazardous fuels within 500 feet of utility or communications infrastructure, campgrounds, roadsides, heritage sites, recreation sites, schools, or other infrastructure, that project is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) if the project will otherwise be conducted consistent with the relevant agency or department’s procedures and the applicable land and resource management plan or land use plan. (c) Environmental analysis generally Except as otherwise provided in this Act, the Secretary concerned shall comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and other applicable laws in planning and conducting an eligible wildfire prevention project. (d) Interagency cooperation The informal consultation requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as codified in section 402.05 of title 50, Code of Federal Regulations shall apply to an eligible wildfire prevention project. (e) Effect of compliance Compliance with this section shall be deemed to satisfy the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ), section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), and the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. ). (f) Effect of a wildfire emergency (1) Council on environmental quality The Secretary concerned, pursuant to section 1506.11 of title 40, Code of Federal Regulations, shall request the Council on Environmental Quality to develop and approve alternative arrangements for the proposed wildfire prevention project if— (A) the county in which the proposed eligible wildfire prevention project is to be carried out declares a state of emergency because of wildfire or the threat of wildfire in consultation with the State Forester or equivalent State official of the State containing the county; and (B) a categorical exclusion is unavailable for a proposed eligible wildfire prevention project. (2) Mandatory information When requesting alternative arrangements under paragraph (1), the Secretary concerned shall transmit to the Council on Environmental Quality the following information: (A) A description of the proposed eligible project. (B) The condition of forest fuels within or near the proposed eligible wildfire prevention project. (C) The threat to public safety, welfare, infrastructure, watersheds, wildlife habitat, or other vital assets due to the accumulation of forest fuels and the associated risk of extreme fire that the proposed eligible project is to relieve. (D) The degree to which delaying the implementation of the proposed eligible project will increase the risk of serious harm to public safety, welfare, infrastructure, watersheds, wildlife habitat, or other vital assets due to the accumulation of forest fuels and the associated risk of extreme fire. (E) Any other information the Secretary concerned determines relevant. (3) Deadline for alternative arrangements (A) Deadline Not later than 15 days after receipt of a request under paragraph (1) for approval of alternative arrangements for a proposed eligible wildfire prevention project, the Council on Environmental Quality shall submit to the Secretary concerned the alternative arrangements under which the Secretary may proceed immediately and to completion of the proposed wildfire prevention project. (B) Failure to comply If the Council on Environmental Quality fails to comply with the deadline in subparagraph (A), the Secretary concerned shall proceed immediately and to completion of the proposed eligible wildfire prevention project notwithstanding any other provision of law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the National Forest Management Act (16 U.S.C. 1601 et seq.). (4) Administrative and judicial review Actions under this subsection shall not be subject to— (A) the notice, comment, and appeal requirements of section 322 of Public Law 102–381 (the Appeals Reform Act; 16 U.S.C. 1612 note); and (B) judicial review by any court of the United States. 204. Administrative and judicial review (a) Administrative review Administrative review of an eligible wildfire prevention project shall occur in accordance with the special administrative review process established under section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ). (b) Judicial review Judicial review of an eligible wildfire prevention project shall occur in accordance with section 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6516 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr1345ih/xml/BILLS-113hr1345ih.xml

113-hr-1346

I 113th CONGRESS 1st Session H. R. 1346 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 to provide for an increase in the Federal minimum wage and to index future increases to such wage to increases in the consumer price index. 1. Short title This Act may be cited as the Catching Up To 1968 Act of 2013 . 2. Increases in the Federal minimum wage (a) Minimum wage Section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended— (1) in the matter preceding subparagraph (A), by striking not less than— and inserting not less than the greater of— ; (2) by striking subparagraphs (A) through (C) and inserting the following: (A) $10.50 an hour; and (B) beginning 1 year after the wage provided for in subparagraph (A) takes effect and each year thereafter, the wage determined by the Secretary that raises the wage of the preceding year in proportion to the increase in the Consumer Price Index for all urban consumers for the preceding year, and maintains the wage of the previous year should the Consumer Price Index decrease. . (b) Minimum wage for tipped employees Section 3(m)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(1) ) is amended to read as follows: (1) the cash wage paid such employee shall be 70 percent of the minimum wage in effect under section 6(a)(1); and . (c) Publication of wages Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is further amended by adding after subsection (b) the following: (c) Not later than 60 days prior to the effective date of any increase in the minimum wage pursuant to subsection (a)(1)(B) or increase in the minimum wage for tipped employees in accordance with section 3(m)(1), the Secretary shall publish in the Federal Register and on the Internet website of the Department of Labor a notice announcing the adjusted required wage or wages. . (d) Amended Farmworker exemption Section 13(a)(6) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(6) ) is amended to read as follows: (6) any employee employed in agriculture if such employee is a member of the employer’s immediate family; or . (e) Elimination of home healthcare worker exemption Section 13(a)(15) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(15) ) is amended by striking or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary) . (f) Effective date The amendments made by subsections (a) and (b) shall take effect 60 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1346ih/xml/BILLS-113hr1346ih.xml

113-hr-1347

I 113th CONGRESS 1st Session H. R. 1347 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the conveyance of certain Federal lands in Yuma County, Arizona. 1. Short title This Act may be cited as the Meers Point Boundary Adjustment Act . 2. Definitions In this Act: (1) Administrative Costs The term administrative costs refers to any costs necessary to transfer the Federal Land from the United States to the Grantee, such as— (A) boundary surveys; (B) boundary marking; (C) title work; (D) closing costs; (E) recording fees; and (F) Level 1 contaminant reports. (2) Federal land The term Federal Land means the land that is owned by the United States and managed cooperatively by the Bureau of Reclamation and the U.S. Fish and Wildlife Service; located within lots 34, 35, 37, and 38 in section 13 of Township 5 South, Range 22 West; and identified in the survey as those portions of lots 34, 35, 37, and 38 that are within the boundary of the Imperial National Wildlife Refuge. (3) Grantee The term Grantee means the current landowner or landowners of those properties described in Quit Claim Deeds, dated July 1, 1992, and filed in Yuma County, Arizona at DKT 1816, page 740; DKT 1816, page 748; DKT 1816, page 752; and State of Arizona, State Land Department Special Land Use Permit No. 23–113167–17, dated August 27, 2008, and identified in this Act as— (A) lot 34, State of Arizona lease lot ; (B) lot 35; (C) lot 37; and (D) lot 38. (4) Secretary The term Secretary means the Secretary of the Interior. (5) Survey The term Survey means a survey of Meers Point that shall— (A) be conducted by the Secretary, acting through the U.S. Fish and Wildlife Service; (B) cover those portions of lots 34, 35, 37, and 38 that are currently within the boundary of the Imperial National Wildlife Refuge; and (C) determine the exact acreage and legal description of the Federal Land to be conveyed under this Act. 3. Conveyance of Federal Land to Grantees (a) In general After completion of the survey, the Secretary shall convey to each Grantee by quitclaim deed all right, title, and interest of the United States in and to that Federal Land within each Grantee’s lot. (b) Consideration (1) Payment of administrative costs As consideration for the conveyance of the Federal Land under this section, each Grantee shall pay to the Secretary a percentage of the total administrative costs incurred by the United States in an amount that equals the proportion of the acreage conveyed to each Grantee to the total acreage conveyed under subsection (a) to all Grantees. Such consideration shall be paid by a Grantee to the Secretary on or before the date of the conveyance. (2) Waiver for State Payment is hereby waived for any conveyance of Federal Land under this Act to the State of Arizona. (c) Release from liability Effective on the date of conveyance of Federal Land to a Grantee under this section, the United States shall— (1) not be liable for damages arising out of any act, omission, or occurrence relating to the Federal Land conveyed; and (2) shall be liable for damages caused by acts of negligence committed by the United States before the date of conveyance, consistent with chapter 171 of title 28, United States Code. (d) Grantee discretion The conveyance of Federal Land in accordance with this Act shall be subject to a Grantee’s compliance with the provisions of this section. 4. Disposition and use of proceeds Any amounts paid to the Secretary under section 3, shall remain available to the Secretary, without further appropriation until expended, for visitor services and resource protection at Imperial National Wildlife Refuge.

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113-hr-1348

I 113th CONGRESS 1st Session H. R. 1348 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Great Bend of the Gila National Monument in the State of Arizona, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Great Bend of the Gila National Monument Establishment Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Great Bend of the Gila National Monument, Arizona. Sec. 3. Management of national monument. Sec. 4. Management plan. Sec. 5. Tribal use of national monument. Sec. 6. Off-road use of motorized and mechanized vehicles. Sec. 7. No military airspace restrictions. Sec. 8. Research, education, and visitor services. Sec. 9. Fish and wildlife. Sec. 10. Land acquisition. Sec. 11. Withdrawal. Sec. 12. Water rights. Sec. 13. Authorization of appropriations. 2. Establishment of Great Bend of the Gila National Monument, Arizona (a) Establishment There is established in the State of Arizona the Great Bend of the Gila National Monument (in this Act referred to as the national monument ). (b) Purpose The purpose of the national monument is— (1) to preserve, protect, and restore the archaeological, cultural, historic, geologic, hydrologic, natural, educational, and scenic resources of the Great Bend of the Gila (Gila River in Western Maricopa County, Arizona) and adjacent land; and (2) to provide for public interpretation and recreation consistent with the resources described in paragraph (1). (c) Boundaries (1) In general The national monument consists of approximately 84,296 acres of public lands and interests in land administered by the Secretary of the Interior through the Bureau of Land Management, as generally depicted on the map entitled Great Bend of the Gila National Monument and dated March 6, 2013. (2) Minor adjustments The Secretary may make minor adjustments to the boundaries of the national monument to reflect the inclusion of significant archaeological resources discovered after the date of enactment of this Act on public lands adjacent to the national monument. (3) Availability of map The map described in paragraph (1) and the legal description of any adjustments made under paragraph (2) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Adjacent uses Nothing in this Act— (1) creates a protective perimeter or buffer zone around the national monument; or (2) affects private property outside of the boundaries of the national monument. 3. Management of national monument (a) National landscape conservation system The Secretary of the Interior shall manage the national monument as part of the National Landscape Conservation System— (1) to allow only such uses of the national monument as to further the purposes for which the monument was established; and (2) in accordance with this Act and other laws generally applicable to the national monument, including the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ) and the policy described in Public Law 95–341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996 ). (b) Management objectives In managing the national monument, the Secretary of the Interior shall— (1) maintain the undeveloped character of the national monument to the maximum extent practicable; and (2) protect and restore cultural resources, species, and ecosystems of the national monument. (c) Vegetation Management (1) In general The Secretary of the Interior— (A) shall conduct an inventory of invasive plant species in the national monument; and (B) may carry out vegetation management treatments in the national monument. (2) Use of native plant species The Secretary shall utilize native plant species in planning for restoration projects to be conducted in the national monument. (d) Grazing The Secretary shall permit grazing in the national monument, where grazing was established before the date of enactment of this Act— (1) subject to all applicable laws; and (2) consistent with the purposes for which the national monument is established. (e) Backcountry activities Management of the national monument shall support backcountry hunting and other non-motorized recreation in the national monument. 4. Management plan (a) Management plan required Not later than three years after the date of enactment of this Act, the Secretary of the Interior shall develop a management plan for the national monument that addresses the actions necessary to protect the resources described in section 2(b)(1). The management plan shall include a transportation plan, including travel restrictions and road closures. (b) Consultation In addition to the period of public comment required by subsection (b), the Secretary of the Interior shall prepare the management plan in government-to-government consultation with Indian tribes with a cultural or historic tie to the Great Bend of the Gila. 5. Tribal use of national monument (a) Traditional uses The Secretary of the Interior shall allow for the continued use of the national monument by members of Indian tribes— (1) for traditional ceremonies; and (2) as a source of traditional plants and other materials. (b) Terms and conditions Tribal use of the national monument under subsection (a) shall be— (1) subject to any terms and conditions the Secretary of the Interior determines to be necessary to further the purposes for which the national monument is established; and (2) in accordance with applicable law. (c) Tribal rights Nothing in this Act affects— (1) the rights of any Indian tribe on Indian land; (2) any individually held trust land or Indian allotment; or (3) any treaty rights providing for nonexclusive access to or in the national monument by members of Indian tribes for traditional and cultural purposes. 6. Off-road use of motorized and mechanized vehicles Except as needed for administrative purposes or to respond to an emergency, the use of motorized and mechanized vehicles in the national monument is limited to roads and trails designated for their use. 7. No military airspace restrictions Establishment of the national monument shall not be construed to impact or impose any altitude, flight, or other airspace restrictions on current or future military operations or missions. Should the Armed Forces require additional or modified airspace after the date of the enactment of this Act, Congress does not intend for the establishment of the national monument to impede the Secretary of Defense from petitioning the Federal Aviation Administration to change or expand restricted military airspace. 8. Research, education, and visitor services (a) Education and Interpretation The Secretary of the Interior shall provide such minimal facilities within the national monument for education and interpretation, such as signage or other interpretive kiosks, as the Secretary considers necessary for visitor enjoyment of the national monument, while ensuring the protection of monument resources. (b) Visitor center Any visitor center for the national monument shall be sited in a community in the vicinity of the national monument, rather than within the boundaries of the national monument. (c) Research authorized (1) In general The Secretary of the Interior shall allow scientific research to be conducted in the national monument, including research to identify, protect, and preserve the historic and cultural resources of the monument. (2) Climate change research The Secretary may conduct, or authorize other persons to conduct, research regarding the effects of climate change on monument resources to develop management techniques to boost resiliency and facilitate adaptation to human-caused climate change. 9. Fish and wildlife Nothing in this Act affects the jurisdiction of the State of Arizona with respect to the management of fish and wildlife on public lands in the State. 10. Land acquisition (a) Acquisition authority The Secretary of the Interior may acquire land and any interest in land, State and private, within or adjacent to the boundaries of the national monument— (1) by purchase from willing sellers with donated or appropriated funds; (2) by donation; or (3) by exchange. (b) Treatment of acquired land Land and interests in land acquired under the authority of subsection (a) shall automatically become part of the national monument. 11. Withdrawal (a) In general Subject to valid existing rights, all Federal land within the national monument (including any land or interest in land acquired after the date of enactment of this Act) is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Renewable energy projects Subject to valid and existing rights, renewable energy and transmission development is prohibited in the national monument. 12. Water rights (a) In general Nothing in this Act affects any valid water rights, including water rights held by the United States. (b) Reserved water rights The designation of the national monument does not create a Federal reserved water right. 13. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act.

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113-hr-1349

I 113th CONGRESS 1st Session H. R. 1349 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Santa Cruz Valley National Heritage Area, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Santa Cruz Valley National Heritage Area 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. Sec. 4. Designation of Santa Cruz Valley National Heritage Area. Sec. 5. Management plan. Sec. 6. Evaluation; report. Sec. 7. Local coordinating entity. Sec. 8. Relationship to other Federal agencies. Sec. 9. Private property and regulatory protections. Sec. 10. Authorization of appropriations. Sec. 11. Use of Federal funds from other sources. Sec. 12. Sunset for grants and other assistance. 2. Purposes The purposes of this Act include— (1) to establish the Santa Cruz Valley National Heritage Area in the State of Arizona; (2) to implement the recommendations of the Alternative Concepts for Commemorating Spanish Colonization study completed by the National Park Service in 1991, and the Feasibility Study for the Santa Cruz Valley National Heritage Area prepared by the Center for Desert Archaeology in July 2005; (3) to provide a management framework to foster a close working relationship with all levels of government, the private sector, and the local communities in the region and to conserve the region’s heritage while continuing to pursue compatible economic opportunities; (4) to assist communities, organizations, and citizens in the State of Arizona in identifying, preserving, interpreting, and developing the historical, cultural, scenic, and natural resources of the region for the educational and inspirational benefit of current and future generations; and (5) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the National Heritage Area. 3. Definitions In this Act: (1) National heritage area The term National Heritage Area means the Santa Cruz Valley National Heritage Area established in this Act. (2) Local coordinating entity The term local coordinating entity means the Santa Cruz Valley Heritage Alliance, Inc., which is hereby designated by Congress— (A) to develop, in partnership with others, the management plan for the National Heritage Area; and (B) to act as a catalyst for the implementation of projects and programs among diverse partners in the National Heritage Area. (3) Management plan The term management plan means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the National Heritage Area, in accordance with this Act. (4) Secretary The term Secretary means the Secretary of the Interior. 4. Designation of Santa Cruz Valley National Heritage Area (a) Establishment There is hereby established the Santa Cruz Valley National Heritage Area. (b) Boundaries (1) In general The National Heritage Area shall consist of portions of the counties of Santa Cruz and Pima. (2) Map The boundaries of the National Heritage Area shall be as generally depicted on the map titled Santa Cruz Valley National Heritage Area , and numbered T09/80,000, and dated November 13, 2007. The map shall be on file and available to the public in the appropriate offices of the National Park Service and the local coordinating entity. 5. Management plan (a) Requirements The management plan for the National Heritage Area shall— (1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; (2) include a description of actions and commitments that Federal, State, Tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (3) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; (4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed; (5) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (6) describe a program for implementation for the management plan, including— (A) performance goals; (B) plans for resource protection, enhancement, interpretation, funding, management, and development; and (C) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, Tribal, or local government agency, organization, business, or individual; (7) include an analysis of, and recommendations for, means by which Federal, State, Tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this Act; and (8) include a business plan that— (A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and (B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area. (b) Deadline (1) In general Not later than 3 years after the date on which funds are first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management plan to the Secretary for approval. (2) Termination of funding If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this Act until such time as the management plan is submitted to and approved by the Secretary. (c) Approval of Management Plan (1) Review Not later than 180 days after receiving the plan, the Secretary shall review and approve or disapprove the management plan for a National Heritage Area on the basis of the criteria established under paragraph (3). (2) Consultation The Secretary shall consult with the Governor of each State in which the National Heritage Area is located before approving a management plan for the National Heritage Area. (3) Criteria for approval In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether— (A) the local coordinating entity represents the diverse interests of the National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; (B) the local coordinating entity— (i) has afforded adequate opportunity for public and Federal, State, Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and (ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; (C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area; (D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans; (E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan; (F) the Secretary has received adequate assurances from the appropriate State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and (G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan. (4) Disapproval (A) In general If the Secretary disapproves the management plan, the Secretary— (i) shall advise the local coordinating entity in writing of the reasons for the disapproval; and (ii) may make recommendations to the local coordinating entity for revisions to the management plan. (B) Deadline Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (5) Amendments (A) In general An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (B) Implementation The local coordinating entity shall not use Federal funds authorized by this Act to implement an amendment to the management plan until the Secretary approves the amendment. (6) Authorities The Secretary may— (A) provide technical assistance under the authority of this Act for the development and implementation of the management plan; and (B) enter into cooperative agreements with interested parties to carry out this Act. 6. Evaluation; report (a) In general Not later than 3 years before the date on which authority for Federal funding terminates for the National Heritage Area under this Act, the Secretary shall— (1) conduct an evaluation of the accomplishments of the National Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation An evaluation conducted under subsection (a)(1) shall— (1) assess the progress of the local coordinating entity with respect to— (A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the National Heritage Area; (2) analyze the Federal, State, Tribal, and local, and private investments in the National Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (c) Report Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area. 7. Local coordinating entity (a) Duties To further the purposes of the National Heritage Area, the Santa Cruz Valley Heritage Alliance, Inc., as the local coordinating entity, shall— (1) prepare a management plan for the National Heritage Area, and submit the management plan to the Secretary, in accordance with this Act; (2) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this Act, specifying— (A) the specific performance goals and accomplishments of the local coordinating entity; (B) the expenses and income of the local coordinating entity; (C) the amounts and sources of matching funds; (D) the amounts leveraged with Federal funds and sources of the leveraging; and (E) grants made to any other entities during the fiscal year; (3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this Act, all information pertaining to the expenditure of the funds and any matching funds; and (4) encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area. (b) Authorities For the purposes of preparing and implementing the approved management plan for the National Heritage Area, the local coordinating entity may use Federal funds made available under this Act to— (1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area; (2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff, including individuals with expertise in— (A) natural, historical, cultural, educational, scenic, and recreational resource conservation; (B) economic and community development; and (C) heritage planning; (4) obtain funds or services from any source, including other Federal programs; (5) contract for goods or services; and (6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. (c) Prohibition on acquisition of real property The local coordinating entity may not use Federal funds authorized under this Act to acquire any interest in real property. 8. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (c) Other federal agencies Nothing in this Act— (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a National Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 9. Private property and regulatory protections Nothing in this Act— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, Tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, Tribal, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including but not necessarily limited to development and management of energy, water, or water-related infrastructure; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 10. Authorization of appropriations (a) Authorization of appropriations Subject to subsection (b), there are authorized to be appropriated to carry out this Act not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended. (b) Limitation on total amounts appropriated Not more than $15,000,000 may be appropriated to carry out this Act. (c) Cost-Sharing requirement The Federal share of the total cost of any activity under this Act shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued. 11. Use of Federal funds from other sources Nothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized. 12. Sunset for grants and other assistance The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1349ih/xml/BILLS-113hr1349ih.xml

113-hr-1350

I 113th CONGRESS 1st Session H. R. 1350 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Grijalva (for himself, Mr. Polis , Mrs. Carolyn B. Maloney of New York , Mrs. Napolitano , Mr. Ellison , Mr. Conyers , Ms. Slaughter , Mr. Huffman , Mr. Nadler , Mr. Blumenauer , Ms. McCollum , Mr. Farr , Ms. Chu , Mrs. Kirkpatrick , and Mr. Pastor of Arizona ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To withdraw the Tusayan Ranger District and Federal land managed by the Bureau of Land Management in the vicinity of Kanab Creek and in House Rock Valley from location, entry, and patent under the mining laws, and for other purposes. 1. Short title This Act may be cited as the Grand Canyon Watersheds Protection Act of 2013 . 2. Withdrawal of Federal land from mining laws (a) Withdrawal Subject to subsection (b), the approximately 982,550 acres of Federal land generally depicted on the map titled Grand Canyon Watersheds Protection Act and dated February 22, 2013, are hereby withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and mineral materials laws. (b) Treatment of Existing Rights The withdrawal under subsection (a) is subject to valid, existing rights. If such rights are relinquished or otherwise acquired by the United States after the date of the enactment of this Act, the land that was subject to the rights shall be immediately withdrawn in accordance with subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr1350ih/xml/BILLS-113hr1350ih.xml

113-hr-1351

I 113th CONGRESS 1st Session H. R. 1351 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Grijalva (for himself, Mr. Ben Ray Luján of New Mexico , Mr. Moran , Mr. Polis , Mrs. Christensen , Mr. Markey , Mr. Rangel , Mr. Huffman , Mr. Ellison , Mrs. Napolitano , Mr. Sarbanes , Ms. Schakowsky , Mr. Conyers , Ms. Shea-Porter , Ms. Lee of California , Ms. Slaughter , Mr. Cartwright , Mr. Farr , Ms. McCollum , Ms. Norton , Mr. Hastings of Florida , Mr. Pierluisi , Mr. Takano , Mr. Blumenauer , and Mr. Perlmutter ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Agriculture 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 amend the Public Lands Corps Act of 1993 to expand the authorization of the Secretaries of Agriculture, Commerce, and the Interior to provide service opportunities for young Americans; help restore the nation’s natural, cultural, historic, archaeological, recreational and scenic resources; train a new generation of public land managers and enthusiasts; and promote the value of public service. 1. Short title This Act may be cited as the Public Lands Service Corps Act of 2013 . 2. Amendment to short title Section 201 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1701 note; 107 Stat. 848) is amended to read as follows: 201. Short title; references (a) Short title This title may be cited as the Public Lands Service Corps Act of 1993 . (b) References Any reference contained in any law, regulation, document, paper, or other record of the United States to the Public Lands Corps Act of 1993 shall be considered to be a reference to the Public Lands Service Corps Act of 1993 . . 3. Reference A reference in this Act to the Act is a reference to the Public Lands Service Corps Act of 1993 (16 U.S.C. 1721 et seq.; title II of Public Law 91–378 ). 4. Amendments to the Public Lands Service Corps Act of 1993 (a) Name and project description changes The Act is amended— (1) in the title heading, by striking Public lands corps and inserting Public lands service corps ; (2) in section 204 (16 U.S.C. 1723), in the heading, by striking Public lands corps and inserting public lands service corps ; (3) in section 210(a)(2) ( 16 U.S.C. 1729(a)(2) ), in the heading, by striking Public lands ; (4) by striking Public Lands Corps each place it appears and inserting Corps ; (5) by striking conservation center each place it appears and inserting residential conservation center ; (6) by striking conservation centers each place it appears and inserting residential conservation centers ; (7) by striking appropriate conservation project each place it appears and inserting appropriate natural and cultural resources conservation project ; and (8) by striking appropriate conservation projects each place it appears and inserting appropriate natural and cultural resources conservation projects . (b) Findings Section 202(a) ( 16 U.S.C. 1721(a) ) of the Act, as amended by subsection (a), is amended— (1) in paragraph (1)— (A) by striking Corps can benefit and inserting conservation corps can benefit ; and (B) by striking the natural and cultural and inserting natural and cultural ; (2) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (3) by inserting after paragraph (1) the following: (2) Participants in conservation corps receive meaningful education and training, and their experience with conservation corps provides preparation for careers in public service. (3) Young men and women who participate in the rehabilitation and restoration of the natural, cultural, historic, archaeological, recreational, and scenic treasures of the United States will gain an increased appreciation and understanding of the public lands and heritage of the United States, and of the value of public service, and are likely to become life-long advocates for those values. ; (4) in paragraph (4) (as redesignated by paragraph (2)), by inserting , cultural, historic, archaeological, recreational, and scenic after Many facilities and natural ; and (5) by adding at the end the following: (6) The work of conservation corps can benefit communities adjacent to public lands and facilities through renewed civic engagement and participation by corps participants and those they serve, improved student achievement, and restoration and rehabilitation of public assets. . (c) Purpose Section 202(b) ( 16 U.S.C. 1721(b) ) of the Act is amended to read as follows: (b) Purposes The purposes of this Act are— (1) to introduce young men and women to public service while furthering their understanding and appreciation of the natural, cultural, historic, archaeological, recreational, and scenic resources of the United States; (2) to facilitate training and recruitment opportunities in which service is credited as qualifying experience for careers in the management of such resources; (3) to instill in a new generation of young men and women from across the United States, including young men and women from diverse backgrounds, the desire to seek careers in resource stewardship and public service by allowing them to work directly with professionals in agencies responsible for the management of the natural, cultural, historic, archaeological, recreational, and scenic resources of the United States; (4) to perform, in a cost-effective manner, appropriate natural and cultural resources conservation projects where such projects are not being performed by existing employees; (5) to assist State and local governments and Indian tribes in performing research and public education tasks associated with the conservation of natural, cultural, historic, archaeological, recreational, and scenic resources; (6) to expand educational opportunities on public lands and by rewarding individuals who participate in conservation corps with an increased ability to pursue higher education and job training; (7) to promote public understanding and appreciation of the missions and the natural and cultural resources conservation work of the participating Federal agencies through training opportunities, community service and outreach, and other appropriate means; and (8) to create a grant program for Indian tribes to establish the Indian Youth Service Corps so that Indian youth can benefit from carrying out projects on Indian lands that the Indian tribes and communities determine to be priorities. . (d) Definitions Section 203 ( 16 U.S.C. 1722 ) of the Act is amended— (1) by redesignating paragraphs (3) through (7), (8) through (10), and (11) through (13) as paragraphs (5) through (9), (11) through (13), and (15) through (17), respectively; (2) by striking paragraphs (1) and (2) and inserting the following: (1) Appropriate natural and cultural resources conservation project The term appropriate natural and cultural resources conservation project means any project for the conservation, restoration, construction, or rehabilitation of natural, cultural, historic, archaeological, recreational, or scenic resources. (2) Consulting intern The term consulting intern means a consulting intern selected under section 206(a)(2). (3) Corps and public lands service corps The terms Corps and Public Lands Service Corps mean the Public Lands Service Corps established under section 204(a). (4) Corps participant The term Corps participant means an individual enrolled— (A) in the Corps or the Indian Youth Service Corps; or (B) as a resource assistant or consulting intern. ; (3) by inserting after paragraph (9) (as redesignated by paragraph (1)) the following: (10) Indian youth service corps The term Indian Youth Service Corps means a qualified youth or conservation corps established under section 207 that— (A) enrolls individuals between the ages of 15 and 25, inclusive, a majority of whom are Indians; and (B) is established pursuant to a tribal resolution that describes the agreement between the Indian tribe and the qualified youth or conservation corps to operate an Indian Youth Service Corps program for the benefit of the members of the Indian tribe. ; (4) by amending paragraph (12) (as redesignated by paragraph (1)) to read as follows: (12) Public lands The term public lands means any land or water (or interest therein) owned or administered by the United States, including those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands over which the United States exercises jurisdiction, except that such term does not include Indian lands. ; (5) by amending paragraph (13) (as redesignated by paragraph (1)) as follows: (A) in subparagraph (A)— (i) by striking full-time, ; (ii) by inserting on eligible service lands after resource setting ; and (iii) by striking 16 and inserting 15 ; (B) in subparagraph (B), by striking and at the end; (C) in subparagraph (C), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (D) makes available for audit for each fiscal year for which the qualified youth or conservation corps receives Federal funds under this Act, all information pertaining to the expenditure of the funds, any matching funds, and participant demographics. ; (6) by inserting after paragraph 13 (as redesignated by paragraph (1)) the following: (14) Residential conservation centers The term residential conservation centers means the facilities authorized under section 205. ; (7) in paragraph (15) (as redesignated by paragraph (1)), by striking “206” and inserting 206(a)(1) ; and (8) in paragraph (16) (as redesignated by paragraph (1))— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) with respect to the National Marine Sanctuary System, coral reefs, and other coastal, estuarine, and marine habitats, and other lands and facilities administered by the National Oceanic and Atmospheric Administration, the Secretary of Commerce. . (e) Public Lands Service Corps Program Section 204 of the Act ( 16 U.S.C. 1723 ), as amended by subsection (a), is amended— (1) by redesignating subsections (b) and (c) and subsections (d) through (f) as subsections (c) and (d) and subsections (f) through (h), respectively; (2) by striking subsection (a) and inserting the following: (a) Establishment of Public Lands Service Corps There is established in the Department of the Interior, the Department of Agriculture, and the Department of Commerce a Public Lands Service Corps. (b) Establishment of Corps Office; Coordinators; Liaison (1) Establishment of Offices (A) Department of the Interior The Secretary of the Interior shall establish a department-level office to coordinate the Corps activities within the Department of the Interior. (B) Department of Agriculture The Secretary of Agriculture shall establish within the Forest Service an office to coordinate the Corps activities within that agency. (C) Department of Commerce The Secretary of Commerce shall establish within the National Oceanic and Atmospheric Administration an office to coordinate the Corps activities within that agency. (2) Establishment of coordinators The Secretary shall designate a Public Lands Service Corps coordinator for each agency under the jurisdiction of the Secretary that administers Corps activities. (3) Establishment of liaison The Secretary of the Interior shall establish an Indian Youth Service Corps liaison that will— (A) provide outreach to Indian tribes about opportunities for establishing Corps and Indian Youth Service Corps programs; and (B) coordinate with the Tribal Liaison of the Corporation for National Service to identify and establish Corps and Indian Youth Service Corps opportunities for Indian youth. ; (3) by amending subsection (c) (as redesignated by paragraph (1)) to read as follows: (c) Participants (1) In general The Secretary may enroll in the Corps individuals who are— (A) hired by an agency under the jurisdiction of the Secretary to perform work authorized under this Act; or (B) members of a qualified youth or conservation corps with which the Secretary has entered into a cooperative agreement to perform work authorized under this Act. (2) Resource assistants and consulting interns The Secretary may also enroll in the Corps resource assistants and consulting interns in accordance with section 206(a). (3) Eligibility requirements To be eligible for enrollment as a Corps participant, an individual shall— (A) be between the ages of 15 and 25, inclusive; and (B) satisfy the requirements of section 137(a)(5) of the National and Community Service Act of 1990 ( 42 U.S.C. 12591(a)(5) ). (4) Terms Each Corps participant may be enrolled in the Corps for a term of up to 2 years of service, which may be served over a period that exceeds 2 calendar years. (5) Civil service An individual may be enrolled as a Corps participant without regard to the civil service and classification laws, rules, or regulations of the United States. (6) Preference The Secretary may establish a preference for the enrollment as Corps participants individuals who are economically, physically, or educationally disadvantaged. ; (4) in subsection (d) (as redesignated by paragraph (1))— (A) in paragraph (1)— (i) by striking contracts and ; and (ii) by striking subsection (d) and inserting subsection (f) ; (B) by striking paragraph (2); and (C) by inserting after paragraph (1) the following: (2) Recruitment The Secretary shall carry out, or enter into cooperative agreements to provide, a program to attract eligible youth to the Corps by publicizing Corps opportunities through high schools, colleges, employment centers, electronic media, and other appropriate institutions and means. (3) Preference In entering into cooperative agreements under paragraph (1) or awarding competitive grants to Indian tribes or tribally authorized organizations under section 207, the Secretary may give preference to qualified youth or conservation corps that are located in specific areas where a substantial portion of members are economically, physically, or educationally disadvantaged. ; (5) by inserting after subsection (d) (as redesignated by paragraph (1)) the following: (e) Training (1) In general The Secretary shall establish a training program based at appropriate residential conservation centers or at other suitable regional Federal or other appropriate facilities or sites to provide training for Corps participants. (2) Requirements In establishing a training program under paragraph (1), the Secretary shall— (A) ensure that the duration and comprehensiveness of the training program shall be commensurate with the projects Corps participants are expected to undertake; (B) develop department-wide standards for the program that include training in— (i) resource stewardship; (ii) health and safety; (iii) ethics for individuals in public service; (iv) teamwork and leadership; and (v) interpersonal communications; (C) direct the participating agencies within the Department of the Interior, the Forest Service in the case of the Department of Agriculture, and the National Oceanic and Atmospheric Administration in the case of the Department of Commerce, to develop agency-specific training guidelines to ensure that Corps participants are appropriately informed about matters specific to that agency, including— (i) the history and organization of the agency; (ii) the mission of the agency; and (iii) any agency-specific standards for the management of natural, cultural, historic, archaeological, recreational, and scenic resources; and (D) take into account training already received by Corps participants enrolled from qualified youth or conservation corps. ; (6) in subsection (f) (as redesignated by paragraph (1))— (A) in paragraph (1)— (i) in the heading, by striking In general .— and inserting Use of Corps; projects .— ; (ii) by striking The Secretary may utilize the Corps or any qualified youth or conservation corps to carry out and inserting the following: (A) In general The Secretary may use the Corps to carry out, with appropriate supervision and training, ; (iii) by striking on public lands and inserting on on eligible service lands ; and (iv) by adding at the end the following: (B) Projects Appropriate natural and cultural resources conservation projects carried out under this section may include— (i) protecting, restoring, or enhancing ecosystem components to promote species recovery, improve biological diversity, enhance productivity and carbon sequestration, and enhance adaptability and resilience of eligible service lands and resources to climate change and other natural and human disturbances; (ii) promoting the health of eligible service lands, including— (I) protecting and restoring watersheds and forest, grassland, riparian, estuarine, marine, or other habitat; (II) reducing the risk of uncharacteristically severe wildfire and mitigating damage from insects, disease, and disasters; (III) controlling erosion; (IV) controlling and removing invasive, noxious, or nonnative species; and (V) restoring native species; (iii) collecting biological, archaeological, and other scientific data, including climatological information, species populations and movement, habitat status, and other information; (iv) assisting in historical and cultural research, museum curatorial work, oral history projects, documentary photography, and activities that support the creation of public works of art related to eligible service lands; and (v) constructing, repairing, rehabilitating, and maintaining roads, trails, campgrounds and other visitor facilities, employee housing, cultural and historic sites and structures, and other facilities that further the purposes of this Act. ; (B) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (C) by inserting after paragraph (1) the following: (2) Visitor services The Secretary may— (A) enter into or amend an existing cooperative agreement with a cooperating association, educational institution, friends group, or similar nonprofit partner organization for the purpose of providing training and work experience to Corps participants in areas such as sales, office work, accounting, and management, provided that the work experience directly relates to the conservation and management of eligible service lands; and (B) allow Corps participants to help promote visitor safety and enjoyment of eligible service lands, and assist in the gathering of visitor use data. (3) Interpretation The Secretary may permit Corps participants to provide interpretation or education services for the public under the direct and immediate supervision of an agency employee— (A) to provide orientation and information services to visitors; (B) to assist agency employees in the delivery of interpretive or educational programs where audience size, environmental conditions, safety, or other factors make such assistance desirable; (C) to present programs that relate the personal experience of the Corps participants for the purpose of promoting public awareness of the Corps, the role of the Corps in public land management agencies, and the availability of the Corps to potential participants; and (D) to create nonpersonal interpretive products, such as website content, Junior Ranger program books, printed handouts, and audiovisual programs. ; (7) in subsection (g) (as redesignated by paragraph (1))— (A) in the matter preceding the first paragraph, by striking those projects which and inserting priority projects and other projects that ; and (B) by striking paragraph (2) and inserting the following: (2) will instill in Corps participants a work ethic and a sense of public service; ; and (8) by adding at the end the following: (i) Other Participants The Secretary may allow volunteers from other programs administered or designated by the Secretary to participate as volunteers in projects carried out under this section. (j) Criminal History Checks (1) In General The requirements of section 189D(b) of the National and Community Service Act of 1990 ( 42 U.S.C. 12645g(b) ) shall apply to each individual age 18 or older seeking— (A) to become a Corps participant; (B) to receive funds authorized under this Act; or (C) to supervise or otherwise have regular contact with Corps participants in activities authorized under this Act. (2) Eligibility Prohibition If any of paragraphs (1) through (4) of section 189D(c) of the National and Community Service Act of 1990 (42 U.S.C. 12645g(c)(1)–(4)) apply to an individual described in paragraph (1), that individual shall not be eligible for the position or activity described in paragraph (1), unless the Secretary provides an exemption for good cause. . (f) Residential Conservation Centers and Program Support Section 205 ( 16 U.S.C. 1724 ) of the Act is amended— (1) in the section heading, by striking Conservation and inserting Residential conservation ; (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general The Secretary may establish residential conservation centers for— (A) such housing, food service, medical care, transportation, and other services as the Secretary deems necessary for Corps participants; and (B) the conduct of appropriate natural and cultural resources conservation projects under this Act. ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (D) in paragraph (2) (as redesignated by subparagraph (C)), in the heading, by striking for conservation centers ; and (E) in paragraph (3) (as redesignated by subparagraph (C)), by striking a State or local government agency and inserting another Federal agency, State, local government, ; (3) in subsection (b)— (A) by striking The Secretary and inserting the following: (1) In general The Secretary ; and (B) by adding at the end the following: (2) Temporary housing The Secretary may make arrangements with another Federal agency, State, local government, or private organization to provide temporary housing for Corps participants as needed and available. (3) Transportation In project areas where Corps participants can reasonably be expected to reside at their own homes, the Secretary may fund or provide transportation to and from project sites. ; (4) by redesignating subsection (d) as subsection (f); (5) by inserting after subsection (c) the following: (d) Facilities The Secretary may, as an appropriate natural and cultural resources conservation project, direct Corps participants to aid in the construction or rehabilitation of residential conservation center facilities, including housing. (e) Mentors The Secretary may recruit from programs, such as Federal volunteer and encore service programs, and from veterans groups, military retirees, and active duty personnel, such adults as may be suitable and qualified to provide training, mentoring, and crew-leading services to Corps participants. ; and (6) in subsection (f) (as redesignated by paragraph (4)), by striking that are appropriate and all that follows through the period and inserting that the Secretary determines to be necessary for a residential conservation center. . (g) Resource Assistants and Consulting Interns Section 206 of the Act (16 U.S.C. 1725) is amended— (1) in the section heading, by inserting and consulting interns before the period; and (2) by striking subsections (a) and (b) and inserting the following: (a) Authorization (1) Resource assistants (A) In general The Secretary may provide individual placements of resource assistants with any agency under the jurisdiction of the Secretary that carries out appropriate natural and cultural resources conservation projects to carry out research or resource protection activities on behalf of the agency. (B) Eligibility To be eligible for selection as a resource assistant, an individual shall be at least 17 years of age. (C) Preference In selecting resource assistants for placement under this paragraph, the Secretary shall give a preference to individuals who are enrolled in an institution of higher education or are recent graduates from an institution of higher education, with particular attention given to ensuring full representation of women and participants from Historically Black Colleges and Universities, Hispanic-serving institutions, and Tribal Colleges and Universities. (2) Consulting interns (A) In general The Secretary may provide individual placements of consulting interns with any agency under the jurisdiction of the Secretary that carries out appropriate natural and cultural resources conservation projects to carry out management analysis activities on behalf of the agency. (B) Eligibility To be eligible for selection as a consulting intern, an individual shall be enrolled in, and have completed at least 1 full year at, a graduate or professional school that has been accredited by an accrediting body recognized by the Secretary of Education. (b) Use of Existing Nonprofit Organizations (1) In general Whenever 1 or more nonprofit organizations can provide appropriate recruitment and placement services to fulfill the requirements of this section, the Secretary may implement this section through such organizations. (2) Expenses Participating organizations shall contribute to the expenses of providing and supporting the resource assistants or consulting interns from sources of funding other than the Secretary, at a level of not less than 25 percent of the total costs (15 percent of which may be from in-kind sources) of each participant in the resource assistant or consulting intern program who has been recruited and placed through that organization. (3) Reporting Each participating organization shall be required to submit an annual report evaluating the scope, size, and quality of the program, including the value of work contributed by the resource assistants and consulting interns, to the mission of the agency. . (h) Technical Amendment The Act is amended by redesignating sections 207 through 211 (16 U.S.C. 1726 through 1730) as sections 209 through 213, respectively. (i) Indian Youth Service Corps The Act is amended by inserting after section 206 ( 16 U.S.C. 1725 ) the following: 207. Indian youth service corps (a) Authorization of Cooperative Agreements and Competitive Grants The Secretary is authorized to enter into cooperative agreements with, or make competitive grants to, Indian tribes and qualified youth or conservation corps for the establishment and administration of Indian Youth Service Corps programs to carry out appropriate natural and cultural resources conservation projects on Indian lands. (b) Application To be eligible to receive assistance under this section, an Indian tribe or a qualified youth or conservation corps shall submit to the Secretary an application in such manner and containing such information as the Secretary may require, including— (1) a description of the methods by which Indian youth will be recruited for and retained in the Indian Youth Service Corps; (2) a description of the projects to be carried out by the Indian Youth Service Corps; (3) a description of how the projects were identified; and (4) an explanation of the impact of, and the direct community benefits provided by, the proposed projects. . (j) Guidance The Act is amended by inserting after section 207 (as amended by subsection (i)) the following: 208. Guidance Not later than 18 months after funds are made available to the Secretary to carry out this Act, the Secretary shall issue guidelines for the management of programs under the jurisdiction of the Secretary that are authorized under this Act. . (k) Living Allowances and Terms of Service Section 209 of the Act (16 U.S.C. 1726) (as redesignated by subsection (h)) is amended by striking subsections (a), (b), and (c) and inserting the following: (a) Living allowances (1) In general The Secretary shall provide each Corps participant with a living allowance in an amount established by the Secretary. (2) Travel costs The Secretary may reimburse Corps participants for travel costs at the beginning and end of the term of service of the Corps participants. (b) Terms of Service (1) In general Each Corps participant shall agree to participate for such term of service as may be established by the Secretary. (2) Consultations With respect to the Indian Youth Service Corps, the term of service shall be established in consultation with the affected Indian tribe or tribally authorized organization. (c) Hiring Preference and Future Employment The Secretary may— (1) grant to a Corps participant credit for time served as a Corps participant, which may be used toward future Federal hiring; (2) provide to a former participant of the Corps or the Indian Youth Service Corps noncompetitive hiring status for a period of not more than 2 years after the date on which the service of the candidate in the Corps or the Indian Youth Service Corps was complete, if the candidate— (A) has served a minimum of 960 hours on an appropriate natural or cultural resources conservation project that included at least 120 hours through the Corps or the Indian Youth Service Corps; and (B) meets Office of Personnel Management qualification standards for the position for which the candidate is applying; (3) provide to a former resource assistant or consulting intern noncompetitive hiring status for a period of not more than 2 years after the date on which the individual has completed an undergraduate or graduate degree, respectively, from an accredited institution, if the candidate— (A) successfully fulfilled the resource assistant or consulting intern program requirements; and (B) meets Office of Personnel Management qualification standards for the position for which the candidate is applying; and (4) provide, or enter into contracts or cooperative agreements with qualified employment agencies to provide, alumni services such as job and education counseling, referrals, verification of service, communications, and other appropriate services to Corps participants who have completed the term of service. . (l) National Service Educational Awards Section 210 ( 16 U.S.C. 1727 ) of the Act (as redesignated by subsection (h)) is amended— (1) in subsection (a) (as amended by subsection (a)(4)), in the first sentence— (A) by striking participant in the Corps or a resource assistant and inserting Corps participant ; and (B) by striking participant or resource assistant and inserting Corps participant ; and (2) in subsection (b)— (A) by striking either participants in the Corps or resource assistants and inserting Corps participants ; and (B) by striking or a resource assistant . (m) Nondisplacement Section 211 of the Act ( 16 U.S.C. 1728 ) (as redesignated by subsection (h)) is amended by striking activities carried out and all that follows through the period and inserting Corps participants. . (n) Funding Section 212 of the Act ( 16 U.S.C. 1729 ) (as redesignated by subsection (h)) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in the second sentence, by striking “non-federal sources” and inserting “sources other than the Secretary”; and (ii) by inserting after the second sentence the following: The Secretary may pay up to 90 percent of the costs of a project if the Secretary determines that the reduction is necessary to enable participation from a greater range of organizations or individuals. ; and (B) in paragraph (2), by inserting or Indian Youth Service Corps after Corps each place it appears; (2) by amending subsection (b) to read as follows: (b) Funds Available Under National and Community Service Act To carry out this Act, the Secretary shall be eligible to apply for and receive assistance under section 121(b) of the National and Community Service Act (42 U.S.C. 12571(b)). ; and (3) in subsection (c)— (A) by striking section 211 and inserting section 213 ; and (B) by inserting “or Indian Youth Service Corps” after “Corps”. (o) Authorization of Appropriations Section 213 of the Act ( 16 U.S.C. 1730 ) (as redesignated by subsection (h)) is amended— (1) in subsection (a), by striking year and all that follows through the period and inserting year. ; (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b).

https://www.govinfo.gov/content/pkg/BILLS-113hr1351ih/xml/BILLS-113hr1351ih.xml

113-hr-1352

I 113th CONGRESS 1st Session H. R. 1352 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the protection of the quality of water in the Lower Colorado River and the development and implementation of a comprehensive plan for the prevention and elimination of pollution in the Lower Colorado River and the maintenance of a healthy Lower Colorado River ecosystem. 1. Short title This Act may be cited as the Lower Colorado River Protection Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Declaration of goals. Sec. 5. Definitions. Title I—Plan Development Sec. 101. Lower Colorado River Management Conference. Sec. 102. Lower Colorado River protection program. Sec. 103. Environmental and pollution control research program. Sec. 104. Lower Colorado River pollution elimination and ecosystem restoration plan. Sec. 105. Report on the plan to Congress. Title II—Plan Implementation Sec. 201. Management. Sec. 202. Qualified projects. Sec. 203. Encouraging involvement of other programs. Sec. 204. Public information program. Sec. 205. Report. Sec. 206. Compliance with State and Federal law. 3. Findings The Congress finds the following: (1) Safe supplies of water are fundamental to the health, economy, security, and ecology of the United States. (2) Research, development, and implementation of means and methods to protect the quality of the water resources of the United States will help ensure the continued existence of safe water to support— (A) increasing populations; (B) economic growth; (C) irrigated agriculture and a safe food supply; and (D) the protection of aquatic ecosystems. (3) The Colorado River is a multifaceted resource of the United States because— (A) the Colorado River is a natural wonder, a national treasure, and the lifeblood of the Southwest as it provides drinking water for more than 25,000,000 people and irrigates 1,800,000 acres of land, watering 15 percent of United States crops and over 80 percent of winter vegetables consumed in the United States; (B) the Colorado River is a major water recreation destination for boaters, fishermen, skiers, swimmers, hikers, and others with the Grand Canyon receiving approximately 4,500,000 visitors per year, the Glen Canyon National Recreation Area receiving approximately 2,000,000 visitors per year, and Lake Mead National Recreation Area receiving approximately 8,000,000 visitors per year; and (C) the Colorado River and its tributaries form a unique habitat that supports many rare and unusual species, including 36 native fish species (not including 2 that have already gone extinct), of which 25 species are found only in the Colorado River and its tributaries, 11 species are classified as endangered, 4 species are classified as threatened, and 5 species are classified as sensitive. (4) The Colorado River is endangered because— (A) the habitat along the Colorado River has been altered by dams, diversions, habitat loss and degradation, chemical pollution, and nonnative plant and animal species (including 62 nonnative species of fish), such that it is no longer the warm, silt-laden, sometimes turbulent, and ecologically balanced home to which native species are adapted, which has reduced the populations and ranges of many native species; (B) male fish in Las Vegas Bay of Lake Mead have relatively high levels of endocrine disrupting compounds (EDCs), low levels of sex hormones, and shrunken testes associated with exposure to EDCs in effluent discharged into Las Vegas Wash and making its way into the lake, and this effluent will soon be directly discharged into Lake Mead instead of Las Vegas Wash; (C) the dangers of increasing levels of EDCs are exemplified by the condition of the San Francisco Bay Estuary, the source of drinking water for 25,000,000 Californians, where fish populations are crashing and young fish are born with brain, liver, and other deformities associated with high levels of environmental exposure to EDCs, which are making their way into people as evidenced by levels of the fire retardant polybrominated diphenyl ether reaching up to 100 times normal concentrations in the breast milk of Bay Area women; (D) nitrate pollution from degrading septic tanks presents a current and continuing threat to the health of the Lower Colorado River and the ecosystems and the health of the people that depend on it; (E) nitrate pollution also threatens the beneficial use of recreation along the Lower Colorado River because excess nitrates cause algal blooms, which die and decompose, deoxygenating the water and killing large numbers of fish; (F) run-off and return flows from agricultural lands into the Lower Colorado River and adjacent aquifers and waterways are rich in nitrates and sediment and high in salinity; (G) a number of chemicals in addition to nitrates are current or emerging threats to the Lower Colorado River, including uranium and other uranium mining by-products, selenium, hexavalent chromium, perchlorate, mercury, EDCs, pharmaceuticals, and personal care products; (H) known chemical and radioactive threats to the river include a 100-foot high, 130 acre, 10.5 million ton pile of uranium mill tailings located 750 feet from the river near Moab, Utah, and being remediated by the Department of Energy; (I) thousands of new mining claims, mostly for uranium, on Federal lands adjacent to the Grand Canyon are an emerging threat to the Colorado River; (J) known chemical threats to the river include 2 plumes of perchlorate rocket fuel near Henderson, Nevada, now being voluntarily remediated by the land owners, but previously making its way into lettuce grown over 200 miles away near Yuma, Arizona; (K) known chemical threats to the river include 2 plumes of hexavalent chromium near Topock, California, and Lake Havasu City, Arizona, being voluntarily remediated by the land owners; (L) quagga mussels, tamarisk, and other invasive species are disrupting ecosystems and threatening infrastructure and water quality in the Lower Colorado River; and (M) other types of contaminants and sources of pollution are a present danger to the Lower Colorado River, including pathogens, stormwater run-off, and salinity. (5) Demands on and needs of the Colorado River that are increasing stresses on the ecosystems and water resources of the Lower Colorado River are increasing because— (A) the population of California is projected to increase from 39,000,000 in 2010 to almost 60,000,000 in 2050, and the population of Arizona is projected to increase from 7,000,000 in 2010 to almost 13,000,000 in 2050; (B) population along the Lower Colorado River is expected to grow from its current 290,000 to 480,000 by 2025; (C) more than $2 billion is needed by 2025 to build the wastewater treatment plants necessary to ameliorate the danger to the Lower Colorado River from septic tanks; and (D) according to the most recent Intergovernmental Panel on Climate Change report, the average annual temperature will increase by over 6 degrees Fahrenheit and annual run-off will decrease by 20 percent or more over much of the Lower Colorado River Basin by the end of the century. 4. Declaration of goals The goals of this Act are as follows: (1) To restore and maintain the ecosystems and the chemical, biological, and physical integrity of the waters of the Lower Colorado River to attain water quality that— (A) provides for the protection and propagation of plants, fish, shellfish, wildlife, and a balanced population of natural, safe microorganisms; (B) provides for recreation in and on the water; and (C) protects the health of the millions of citizens of the United States who drink the water of the Lower Colorado River and eat the produce grown with water withdrawn from the Lower Colorado River. (2) To reduce the discharge of toxic pollutants into the Lower Colorado River to below toxic amounts and to remediate existing sources of toxic pollutants. (3) To develop and implement programs in an expeditious manner for the control of nonpoint sources of pollution to enable the goals of this Act to be met through the control of both point and nonpoint sources of pollution. (4) To complete research and development based on science and engineering to enable the goals of this Act to be met. (5) To empower the Environmental Protection Agency to take the lead in the effort to meet these goals, working with other Federal agencies and State and local authorities. 5. Definitions For the purposes of this Act, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Agency The term Agency means the Environmental Protection Agency. (3) C RRSC o The term CRRSCo means the Colorado River Regional Sewer Coalition, an Arizona nonprofit corporation whose members are cities, towns, counties, Indian tribes, and political subdivisions in the Lower Colorado River Basin which have the financial and management responsibilities for the provision of wastewater services within their jurisdictions. (4) Federal agencies The term Federal agencies includes the Environmental Protection Agency, the Department of the Interior (including the Bureau of Reclamation, the United States Fish and Wildlife Service, the Bureau of Land Management, the National Park Service, and the United States Geological Survey), the Army Corps of Engineers, the Department of Commerce (including the National Marine Fisheries Service), the Department of Agriculture (including the Natural Resources Conservation Service and the Forest Service), and the Western Area Power Administration. (5) Federally recognized Indian tribes The term federally recognized Indian tribes means— (A) the Colorado River Indian Tribes of the Colorado River Indian Reservation, Arizona and California; (B) the Chemehuevi Indian Tribe of the Chemehuevi Reservation, California; (C) the Fort Mohave Indian Tribe of Arizona, California, and Nevada; (D) the Quechan Tribe of the Fort Yuma Indian Reservation; and (E) the Cocopah Tribe of Arizona. (6) Lower Colorado River The term Lower Colorado River means that portion of the Colorado River downstream from Lees Ferry, as defined in the Colorado River Compact of 1922, and within the United States. (7) Lower Colorado River Basin The term Lower Colorado River Basin means the geographic areas in the States of Arizona, California, and Nevada that are hydrologically connected to the mainstem of the Lower Colorado River. (8) Management Conference The term Management Conference means the Lower Colorado River Management Conference established in section 101. (9) Plan The term Plan means the Lower Colorado River Pollution Elimination and Ecosystem Restoration Plan described in section 104; (10) Program The term Program means the Lower Colorado River Protection Program established in section 102. (11) Qualified Project The term qualified project means a project to be carried out in the Lower Colorado River Basin that— (A) monitors or evaluates the release or discharge of pollutants in the Lower Colorado River Basin; or (B) prevents, reduces, or eliminates pollution in the Lower Colorado River or restores or maintains the ecosystem health of the Lower Colorado River in accordance with the Plan; and (C) does not include the purchase of water for the purpose of flow regulation in the Lower Colorado River or its tributaries. I Plan Development 101. Lower Colorado River Management Conference (a) Establishment There is established a Lower Colorado River Management Conference to develop the Lower Colorado River Pollution Elimination and Ecosystem Restoration Plan. (b) Membership The members of the Management Conference shall be comprised of the following: (1) The Governors of the States of California, Arizona, and Nevada or their designees. (2) 1 representative from each of the following Federal agencies: (A) The Agency. (B) The Bureau of Reclamation. (C) The Western Area Power Administration. (D) The National Park Service. (E) The United States Fish and Wildlife Service. (F) The United States Geological Survey. (3) The chairperson of CRRSCo. (4) 5 members of the board of directors of CRRSCo that represent local governments, federally recognized Indian tribes, and sewer districts within the Lower Colorado River Basin, chosen by the board of directors of the CRRSCo. (5) 1 person representing any federally recognized Indian tribe that is not represented on the board of directors of CRRSCo. (6) Not more than a total of 18 representatives appointed by the Governors of the States of California, Arizona, and Nevada, comprised of the following: (A) 1 person representing each of the State environmental protection agencies of Arizona, California, and Nevada, for a total of 3 representatives. (B) 1 person representing each of the State water resources agencies of Arizona, California, and Nevada, for a total of 3 representatives. (C) Not more than 6 representatives of local governments having jurisdiction over any land or water within the Lower Colorado River Basin and that are not represented on the board of directors of CRRSCo. (D) 2 persons representing affected industries. (E) 2 persons representing nongovernmental organizations. (F) 2 persons representing the general public. (7) 1 person representing the Colorado River Energy Distributors Association. (8) 1 person representing the Colorado River Commission of Nevada. (9) 1 person representing the Colorado River Water Users Association. (c) Technical advisory committee Not later than 120 days after the date of enactment of this Act, the Management Conference shall appoint a Technical Advisory Committee consisting of officials of Federal agencies, the State governments of Arizona, California, and Nevada, the governments of political subdivisions of such States, and private research institutions to ensure the input of the technical expertise of those agencies and authorities in developing and implementing the Plan. 102. Lower Colorado River protection program (a) Establishment The Lower Colorado River Protection Program is hereby established within the Agency Region 9 office. (b) Director; staff The Program shall be headed by a Director and shall be staffed by not less than 2 persons in addition to the Director. (c) Purpose The Program shall provide staff and support services to the Management Conference and the Technical Advisory Committee. 103. Environmental and pollution control research program (a) Research program (1) Establishment The Administrator, acting through the Director of the Program, shall establish a multidisciplinary environmental research program for the Lower Colorado River. (2) Grants (A) In general For the purposes of carrying out this subsection, the Administrator may make grants to State water pollution control agencies, other public or nonprofit agencies, institutions, organizations, and individuals to conduct environmental and pollution control projects in the Lower Colorado River Basin. (B) Limitations (i) Amount for less than 45 percent cost share The amount of any such grant for which the non-Federal contribution to the total project cost is less than 45 percent may not exceed $50,000 per year. (ii) Other The amount of any such grant for which the non-Federal contribution to the total project cost is 45 percent or more may not exceed $100,000 per year. (iii) In-kind contributions The value of in-kind contributions may be included in the calculation of non-Federal contributions to project costs. (b) Priority In selecting projects to carry out the program established under subsection (a), the Administrator shall give priority to a project that meets one or more of the following: (1) Monitors emerging pollution problems that pose a potentially high level of risk to human health in the judgment of the Administrator or studies methods of remediating such problems in the Lower Colorado River. Projects can address emerging pollution problems in the Upper Colorado River that might reasonably be expected to pose a threat to the Lower Colorado River. (2) Monitors contamination by or studies methods of remediating contamination by pharmaceutical and personal care products and endocrine disrupting compounds in the Lower Colorado River, the effects of these compounds on the ecosystem of the Lower Colorado River, and the risk to human health due the presence of these contaminants in the Lower Colorado River. (3) Evaluates the effect of, or studies methods of preventing, reducing, or eliminating, nonpoint source pollution, including increased sedimentation, due to enhanced stormwater run-off created by human disturbance of the natural landscape, including from agricultural activities, mining activities, construction activities, and man-made impermeable surfaces. (4) Monitors the distribution of, or studies means of reducing or eliminating, quagga mussels in the Lower Colorado River or any other organism or pollutant that threatens infrastructure in and along the Lower Colorado River. (5) Uses an innovative approach, technique, or technology that may provide greater environmental benefits or equivalent environmental benefits at a reduced cost. 104. Lower Colorado River pollution elimination and ecosystem restoration plan (a) In general Not later than 2 years after the date of enactment of this Act, the Management Conference shall publish the Lower Colorado River Pollution Elimination and Ecosystem Restoration Plan, which shall be a comprehensive pollution prevention, reduction, elimination, and ecosystem restoration plan for the Lower Colorado River. (b) Contents The Plan shall— (1) identify corrective actions and compliance schedules addressing point and nonpoint sources of nitrate pollution and other pollution necessary to maintain the chemical, physical, and biological integrity of water quality; (2) incorporate environmental management concepts and programs established in State and Federal plans and programs in effect at the time of the development of the Plan; (3) clarify the duties of Federal and State agencies in pollution prevention and control activities; (4) describe the methods and schedules for funding of programs, activities, and projects identified in the Plan, including the use of Federal funds and other sources of funds; (5) include a strategy for pollution prevention and management practices to reduce the amount of pollution generated in the Lower Colorado River Basin and maintain the ecosystem health of the Lower Colorado River; and (6) be reviewed and revised, as necessary, at least once every 5 years in consultation with the Administrator and other appropriate Federal agencies. (c) Public review (1) In general The Administrator, in cooperation with the Management Conference, shall provide for public review and comment on the draft Plan. (2) Public meetings At a minimum, the Management Conference shall conduct 1 public meeting in each of Arizona, California, and Nevada to hear comments on the draft Plan. (d) Approval or disapproval of the plan (1) Deadline (A) In general Not later than 120 days after the publication of the Plan, the Administrator shall either approve or disapprove the Plan. (B) Portion The Administrator may approve a portion of the Plan under this paragraph. (C) Considered approved If the Administrator does not disapprove the Plan or a portion thereof within the 120-day period, the Plan or portion thereof shall be considered approved for the purposes of this subsection. (2) Procedure for disapproval If, after notice and opportunity for public comment and consultation with the appropriate Federal and State agencies and other interested persons, the Administrator determines that— (A) the Plan or any portion thereof does not meet the requirements of subsection (b) or is not likely to satisfy, in whole or in part, the goals and requirements of this Act; (B) adequate authority does not exist or adequate resources are not available to implement the Plan or portion thereof; (C) the schedule for implementing the Plan or portion thereof is not sufficiently expeditious; or (D) the practices and measures proposed in the Plan or portion thereof are not adequate to prevent, reduce, or eliminate pollution in the Lower Colorado River or restore the ecosystem of the Lower Colorado River in whole or in part; then the Administrator shall within 120 days of the publication of the Plan notify the Management Conference of any revisions or modifications necessary to obtain approval. The Management Conference shall have an additional 90 days to submit its revised Plan, and the Administrator shall approve or disapprove such revised Plan within 90 days after receipt. (e) Grant assistance for support of plan development (1) In general The Administrator may, in consultation with the Management Conference, make grants to State, interstate, and regional water pollution control agencies, federally recognized Indian tribes, local governments, and public or nonprofit agencies, institutions, and organizations for assisting with research, surveys, studies, modeling, and technical and supporting work necessary for the development of the Plan. (2) Restriction Only proposals whose work product can reasonably be expected to contribute directly to the development of the Plan may be funded under this section. (3) Cost-sharing The amount of grants made under this section for a fiscal year shall not exceed 65 percent of the costs of such research, survey, study, modeling, and technical and supporting work and shall be made available on the condition that the non-Federal share of the costs of such research, survey, study, modeling, and technical and supporting work may include the value of in-kind services contributed at any time after January 1, 2004, by a non-Federal sponsor. (4) Administration The Administrator may establish such requirements for the administration of grants as the Administrator determines appropriate. 105. Report on the plan to Congress Within 60 days after approval of the Plan, the Administrator shall submit to Congress a copy of the Plan and a comprehensive report that describes the activities of the Management Conference and the cost of the development and approval of the Plan. II Plan Implementation 201. Management (a) Coordination After approval of the Plan, the Director of the Program shall— (1) in cooperation with CRRSCo and the appropriate Federal, State, local, and tribal agencies, develop and carry out qualified projects to implement the Plan; (2) track schedules, finances, and performance of the implementation of the Plan; (3) provide multiagency oversight and coordination of Lower Colorado River protection activities to ensure balance and integration in the implementation of the Plan; (4) coordinate actions of the Program with the actions of other Federal agencies, State agencies, tribal agencies, and local governments to ensure the input of those agencies and governments in developing and implementing water quality strategies and to obtain the support of such agencies and governments in achieving the objectives of the Plan; (5) develop interagency cross-cut budgets and a comprehensive finance plan to allocate costs; and (6) develop annual reports. (b) Public participation In implementing the Plan, the Director of the Program shall coordinate with Federal, State, and tribal agencies, local governments, and the public to seek input on program elements such as planning, design, technical assistance, and development of peer review science programs. (c) Science In implementing the Plan, the Director of the Program shall seek to ensure, to the maximum extent practicable, that all major aspects of implementing the Plan are subjected to credible and objective scientific review and that major decisions are based upon the best available scientific information. 202. Qualified projects (a) Authority The Administrator, acting through the Director of the Program, may carry out qualified projects in accordance with priorities set by the Administrator in accordance with this Act. (b) Priority In selecting qualified projects to carry out under this Act, the Administrator shall give priority to a qualified project that— (1) addresses pollution problems that pose a potentially high level of risk to human health in the judgment of the Administrator; (2) has been identified in the Plan and is ready to be implemented; or (3) will use an innovative approach, technology, or technique that may provide greater environmental benefit or equivalent environmental benefit at reduced cost. (c) Limitation The Administrator may not carry out a project under this section if— (1) an evaluation of alternatives for the area of concern has not been conducted, including a review of the short-term and long-term effects of the alternatives on human health and the environment; or (2) the Administrator determines that the area of concern is likely to suffer increased contamination from existing sources of pollutants following the completion of the project. (d) Non-Federal cost share (1) Non-federal cost share The non-Federal share of the cost of a qualified project carried out under this section shall be not less than 45 percent. (2) Ability to pay Notwithstanding paragraph (1), the Administrator may reduce the non-Federal share of the cost of a qualified project carried out under this section to not less than 35 percent based on a determination by the Administrator that a non-Federal interest is unable to pay. The determination of inability to pay shall not affect the requirements of paragraph (4). In making such a determination, the Administrator— (A) shall consider— (i) per capita income data for the appropriate political division or divisions in which the project is to be located; and (ii) the per capita non-Federal cost of construction of the project for the appropriate political division or divisions in which the project is to be located; and (B) may consider additional criteria relating to the non-Federal interest’s financial ability to carry out its cost-sharing responsibilities, to the extent that the application of such criteria does not eliminate areas from eligibility for a reduction in the non-Federal share. (3) In-kind contributions The non-Federal share of the cost of a qualified project carried out under this section may include the value of in-kind services contributed at any time after January 1, 2001, by a non-Federal sponsor, including any in-kind service performed under an administrative order on consent or judicial consent decree, but not including any in-kind services performed under a unilateral administrative order or court order. (4) Operation and maintenance (A) In general The non-Federal share of the cost of the operation and maintenance of a qualified project carried out under this section shall be 100 percent. (B) Agreements The Administrator may require the appropriate non-Federal interests to enter into such agreements as the Administrator deems necessary to ensure the proper operation and maintenance of any qualified project, and the Administrator may not carry out any qualified project for which the appropriate non-Federal interests have not demonstrated to the satisfaction of the Administrator that they possess the resources for proper operation and maintenance of the qualified project. (e) Maintenance of effort The Administrator may not carry out a qualified project under this section unless the non-Federal sponsor enters into such agreements with the Administrator as the Administrator may require to ensure that the non-Federal sponsor will maintain its aggregate expenditures from all other sources for programs that will help achieve the goals of this Act in the area of concern in which the qualified project is located at or above the average level of such expenditures in its 2 fiscal years preceding the date on which the project is initiated. (f) Coordination In carrying out a qualified project under this section, the Administrator shall coordinate with the Secretary of the Interior, the Secretary of the Army, and with the Governors of States in which projects are located to ensure that Federal and State assistance for the prevention, reduction, and elimination of pollution in areas of concern is used as efficiently as possible. 203. Encouraging involvement of other programs (a) Maximizing program benefits In order to maximize the amount of pollution prevention, elimination, and ecosystem restoration in the Lower Colorado River Basin, the Administrator is directed, through the Program, to develop a list of pre-existing Federal programs that are authorized to conduct projects that fit the requirements to be considered qualified projects under this Act and to work with the agencies, departments, and offices responsible for such Federal programs to avoid committing resources authorized under this Act to projects if other programs will implement them. (b) Title XVI eligibility (1) Authority authorization The Reclamation Wastewater and Groundwater Study and Facilities Act ( 43 U.S.C. 390h et seq. ; Public Law 102–575 ) is amended by adding at the end the following: 1658. Lower Colorado River water quality protection projects (a) In general The Secretary, in cooperation with the Colorado River Regional Sewer Coalition or other regional or local entities, shall participate in the planning, design, and construction of systems for the treatment of municipal wastewater. (b) Cost share The Federal share of the cost of the project authorized by this section shall not exceed 25 percent of the total cost of the project. (c) In-Kind contributions The non-Federal share of the cost of a project carried out under this subsection may include the value of in-kind services contributed at any time after January 1, 2001, by a non-Federal sponsor, including any in-kind service performed under an administrative order on consent or judicial consent decree, but not including any in-kind services performed under a unilateral administrative order or court order. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 to remain available until expended. . (2) Clerical amendment The table of sections in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 is amended by inserting after the item relating to section 1657 the following: Sec. 1658. Lower Colorado River water quality protection projects. . 204. Public information program The Administrator, acting through the Director of the Program and in coordination with States, federally recognized Indian tribes, local governments, and other entities, shall carry out a public information program to provide information relating to the Plan and its implementation. 205. Report Not later than December 31, 2013, and annually thereafter, the Administrator shall submit to Congress a comprehensive report that describes the costs, accomplishments, and outcomes of the activities carried out in the implementation of the Plan. The report shall include a list of rejected project proposals with explanations for their rejection. 206. Compliance with State and Federal law Nothing in this Act preempts the authority of any Federal or State agency, under any State or Federal law, to prevent, reduce, or eliminate pollution in the Lower Colorado River or to restore or maintain the ecosystem health of the Lower Colorado River or the authority of a Federal agency that is being used or may be used to apportion, release, and deliver Lower Colorado River water.

https://www.govinfo.gov/content/pkg/BILLS-113hr1352ih/xml/BILLS-113hr1352ih.xml

113-hr-1353

I 113th CONGRESS 1st Session H. R. 1353 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Hanna (for himself and Mr. Israel ) 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 allow a deduction for higher education expenses in a program of study in science, technology, engineering, or mathematics. 1. Short title This Act may be cited as the STEM Education Opportunity Act . 2. STEM qualified higher education expenses (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 222 the following new section: 222A. STEM qualified higher education expenses (a) In general In the case of an individual, there shall be allowed as a deduction an amount equal to the STEM higher education expenses paid by the taxpayer during the taxable year. (b) STEM higher education expenses For purposes of this section, the term STEM higher education expense means any expense of a type which is taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll )) at an eligible educational institution with respect to the attendance of an individual— (1) at such institution for the academic period for which the deduction under this section is being determined, (2) majoring in a course of study at such institution leading to an associate degree or higher in— (A) science, technology, engineering, or mathematics (within the meaning of section 131(g)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1015(g)(4) ), or (B) education with a focus on any area described in subparagraph (A), and (3) who at all times during such period is making satisfactory academic progress (as defined in section 668.34 of title 34, Code of Federal Regulations, or any successor regulation) in the pursuit of such degree. (c) Definition and special rules For purposes of this section— (1) Eligible educational institution The term eligible educational institution has the meaning given the term institution of higher education in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (2) Room and board included for students who are at least half-time Subsection (a) shall not apply to any costs of an individual for room and board while attending an eligible educational institution, unless such individual is an eligible individual (as defined in section 25A(b)(3)). (3) Carryforward of unused deduction If for any taxable year the deduction allowable under subsection (a) exceeds the taxpayer’s taxable income (determined without regard to this section), the amount of STEM higher education expenses of the taxpayer attributable to such excess shall be treated as STEM higher education expenses paid by the taxpayer in the succeeding taxable year. (4) Identification requirement No deduction shall be allowed under subsection (a) to a taxpayer with respect to STEM higher education expenses of an individual unless the taxpayer includes the name and taxpayer identification number of the individual on the return of tax for the taxable year. (5) Certain prepayments allowed If STEM higher education expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. (6) Coordination with other education incentives (A) Denial of deduction if other credit elected No deduction shall be allowed under subsection (a) for any taxable year with respect to the STEM higher education expenses with respect to an individual if the taxpayer or any other person elects to have section 25A apply with respect to such individual for such year. (B) Coordination with exclusions The total amount of STEM higher education expenses shall be reduced by the amount of such expenses taken into account in determining any amount excluded under section 135, 529(c), or 530(d)(2). For purposes of the preceding sentence, the amount taken into account in determining the amount excluded under section 529(c)(1) shall not include that portion of the distribution which represents a return of any contributions to the plan. (7) Adjustment for certain scholarships Rules similar to the rules of 25A(g)(2) shall apply for purposes of this section. (8) Dependents No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. (9) Nonresident aliens If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall only apply if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. (d) Termination This section shall not apply to taxable years beginning more than 10 years after the date of the enactment of the STEM Education Opportunity Act. . (b) Deduction allowed whether or not taxpayer itemizes other deductions Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) STEM qualified higher education expenses The deduction allowed by section 222A. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 222 the following new item: Sec. 222A. STEM qualified higher education expenses. . (d) Effective date The amendments made by this section shall apply to payments made in taxable years beginning after the date of the enactment of this Act. 3. Credits for certain contributions benefitting science, technology, engineering, and mathematics education at the elementary and secondary school level (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45S. Contributions benefitting science, technology, engineering, and mathematics education at the elementary and secondary school level (a) In general For purposes of section 38, the elementary and secondary school STEM contributions credit determined under this section for the taxable year is an amount equal to the qualified STEM contributions made by the taxpayer during the taxable year to one or more elementary or secondary schools. (b) Maximum credit (1) Per taxpayer The amount of qualified STEM contributions made to any school which may be taken into account under this section by the taxpayer for the taxable year shall not exceed the portion of the limitation under paragraph (2) which is allocated by such school to the taxpayer for such year. (2) Per school The amount of qualified STEM contributions made to any school which may be allocated under this section by the school to all taxpayers for all taxable years shall not exceed $100,000. (c) Qualified STEM contributions For purposes of this section— (1) In general The term qualified STEM contributions means— (A) STEM property contributions, (B) STEM service contributions, and (C) STEM student and educator training contributions. (2) STEM property contributions (A) In general The term STEM property contribution means the amount which would (but for subsection (d)) be allowed as a deduction under section 170 for a charitable contribution of STEM property if— (i) the donee is an elementary or secondary school, (ii) substantially all of the use of the property by the donee is within the United States for STEM education in any of the grades K–12 for use during the school day or in after-school programs, (iii) the original use of the property begins with the donee, (iv) the property will fit productively into the donee’s education plan, (v) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, and (vi) the donee’s use and disposition of the property will be in accordance with the provisions of clauses (ii) through (v). (B) STEM property The term STEM property means— (i) computer equipment and software, (ii) microscopes, (iii) lab equipment, including glassware, digital scales, and temperature measuring devices, (iv) property used to maintain, renovate, or improve laboratory facilities, (v) STEM education curricula, and (vi) whiteboards, smartboards, cameras, and other relevant STEM education materials. (3) STEM service contributions (A) In general The term STEM service contributions means the amount paid or incurred during the taxable year to provide STEM services in the United States for the exclusive benefit of students at an elementary or secondary school but only if no charge is imposed for providing such services. (B) STEM services The term STEM services means— (i) providing students the opportunity to engage in hands-on technical equipment training in a STEM education field, and (ii) bringing experts in a STEM education field into the classroom or after school programs for demonstrations, talks, or mentoring exercises. (4) STEM student and educator training contributions (A) In general The term STEM student and educator training contributions means the amount paid or incurred during the taxable year to provide STEM student and educator training services in the United States for the exclusive benefit of students at an elementary or secondary school but only if no charge is imposed for providing such services. (B) STEM student and educator training services The term STEM student and educator training services means— (i) on-site technical equipment training in a STEM education field, (ii) field trips to research or related facilities in a STEM education field, (iii) student internships or long term on-site training in a STEM education field, and (iv) educator training exercises in a STEM education field. (5) STEM education The term STEM education means education in the biological sciences, mathematics, earth and physical sciences, computer and information science, engineering, geosciences, and social and behavioral sciences. (6) Elementary or secondary school (A) In general The term elementary or secondary school means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. (B) Groupings of schools Such term includes consortia or other groupings of such schools if all such schools in the consortia or grouping are located within the same State. (d) Denial of double benefit No deduction shall be allowed under this chapter for any amount allowed as a credit under this section. . (b) Conforming amendments (1) Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36), and inserting , plus , and by adding at the end the following new paragraph: (37) the elementary and secondary school STEM contributions credit determined under section 45S. . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Contributions benefitting science, technology, engineering, and mathematics education at the elementary and secondary school level. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 4. GAO Study Not later than 5 years after the date of the enactment of this Act, the Government Accountability Office, in consultation with the Secretary of the Treasury, shall submit to Congress a report detailing— (1) the efficacy of the STEM Education Opportunity Act in increasing higher education enrollment in the fields of math, science, engineering, and technology, and (2) any effect such Act has had on the price of higher education tuition in such fields.

https://www.govinfo.gov/content/pkg/BILLS-113hr1353ih/xml/BILLS-113hr1353ih.xml

113-hr-1354

I 113th CONGRESS 1st Session H. R. 1354 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Heck of Nevada (for himself, Mr. Quigley , Mr. Amodei , Mr. Cicilline , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to stimulate international tourism to the United States and for other purposes. 1. Short titles This Act may be cited as the Jobs Originated through Launching Travel Act of 2013 or the JOLT Act of 2013 . 2. Premium processing Section 221 of the Immigration and Nationality Act ( 8 U.S.C. 1201 ) is amended by inserting at the end the following: (j) Premium processing (1) Pilot processing service Recognizing that the best solution for expedited processing is low interview wait times for all applicants, the Secretary of State shall nevertheless establish, on a limited, pilot basis only, a fee-based premium processing service to expedite interview appointments. In establishing a pilot processing service, the Secretary may— (A) determine the consular posts at which the pilot service will be available; (B) establish the duration of the pilot service; (C) define the terms and conditions of the pilot service, with the goal of expediting visa appointments and the interview process for those electing to pay said fee for the service; and (D) resources permitting, during the pilot service, consider the addition of consulates in locations advantageous to foreign policy objectives or in highly populated locales. (2) Fees (A) Authority to collect The Secretary of State is authorized to collect, and set the amount of, a fee imposed for the premium processing service. The Secretary of State shall set the fee based on all relevant considerations including, the cost of expedited service. (B) Use of fees Fees collected under the authority of subparagraph (A) shall be deposited as an offsetting collection to any Department of State appropriation, to recover the costs of providing consular services. Such fees shall remain available for obligation until expended. (C) Relationship to other fees Such fee is in addition to any existing fee currently being collected by the Department of State. (D) Non-refundable Such fee will be non-refundable to the applicant. (3) Description of premium processing Premium processing pertains solely to the expedited scheduling of a visa interview. Utilizing the premium processing service for an expedited interview appointment does not establish the applicant’s eligibility for a visa. The Secretary of State shall, if possible, inform applicants utilizing the premium processing of potential delays in visa issuance due to additional screening requirements, including necessary security-related checks and clearances. (4) Report to Congress (A) Requirement for report Not later than 18 months after the date of the enactment of the JOLT Act of 2013 , the Secretary of State shall submit to the appropriate committees of Congress a report on the results of the pilot service carried out under this section. (B) Appropriate committees of Congress defined In this paragraph, the term appropriate committees of Congress means— (i) the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (ii) the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. . 3. Encouraging Canadian tourism to the United States Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) Canadian retirees (1) In general The Secretary of Homeland Security may admit as a visitor for pleasure as described in section 101(a)(15)(B) any alien for a period not to exceed 240 days, if the alien demonstrates, to the satisfaction of the Secretary, that the alien— (A) is a citizen of Canada; (B) is at least 50 years of age; (C) maintains a residence in Canada; (D) owns a residence in the United States or has signed a rental agreement for accommodations in the United States for the duration of the alien's stay in the United States; (E) is not inadmissible under section 212; (F) is not described in any ground of deportability under section 237; (G) will not engage in employment or labor for hire in the United States; and (H) will not seek any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)). (2) Spouse The spouse of an alien described in paragraph (1) may be admitted under the same terms as the principal alien if the spouse satisfies the requirements of paragraph (1), other than subparagraph (D). (3) Immigrant intent In determining eligibility for admission under this subsection, maintenance of a residence in the United States shall not be considered evidence of intent by the alien to abandon the alien's residence in Canada. (4) Period of admission During any single 365-day period, an alien may be admitted as described in section 101(a)(15)(B) pursuant to this subsection for a period not to exceed 240 days, beginning on the date of admission. Periods of time spent outside the United States during such 240-day period shall not toll the expiration of such 240-day period. . 4. Incentives for foreign visitors visiting the United States during low peak seasons The Secretary of State shall direct overseas visa processing posts to make public the availability of visa appointments during periods of low demand in order to encourage applicants to apply for visas when interview wait times are lowest. 5. Visa waiver program enhanced security and reform (a) Definitions Section 217(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(1) ) is amended to read as follows: (1) Authority to designate; definitions (A) Authority to designate The Secretary of Homeland Security, in consultation with the Secretary of State, may designate any country as a program country if that country meets the requirements under paragraph (2). (B) Definitions In this subsection: (i) Appropriate Congressional committees The term appropriate Congressional Committees means— (I) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and (II) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives. (ii) Overstay rate (I) Initial designation The term overstay rate means, with respect to a country being considered for designation in the program, the ratio of— (aa) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to (bb) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year. (II) Continuing designation The term overstay rate means, for each fiscal year after initial designation under this section with respect to a country, the ratio of— (aa) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to (bb) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year. (III) Computation of overstay rate In determining the overstay rate for a country, the Secretary of Homeland Security may utilize information from any available databases to ensure the accuracy of such rate. (iii) Program country The term program country means a country designated as a program country under subparagraph (A). . (b) Technical and conforming amendments Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is amended— (1) by striking Attorney General each place the term appears (except in subsection (c)(11)(B)) and inserting Secretary of Homeland Security ; and (2) in subsection (c)— (A) in paragraph (2)(C)(iii), by striking Committee on the Judiciary and the Committee on International Relations of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and inserting appropriate congressional committees ; (B) in paragraph (5)(A)(i)(III), by striking Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security, of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate and inserting appropriate congressional committees ; and (C) in paragraph (7), by striking subparagraph (E). (c) Designation of program countries based on overstay rates (1) In general Section 217(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(A) ) is amended to read as follows: (A) General numerical limitations (i) Low nonimmigrant visa refusal rate The percentage of nationals of that country refused nonimmigrant visas under section 101(a)(15)(B) during the previous full fiscal year was not more than 3 percent of the total number of nationals of that country who were granted or refused nonimmigrant visas under such section during such year. (ii) Low nonimmigrant overstay rate The overstay rate for that country was not more than 3 percent during the previous fiscal year. . (2) Qualification criteria Section 217(c)(3) of such Act ( 8 U.S.C. 1187(c)(3) ) is amended to read as follows: (3) Qualification criteria After designation as a program country under section 217(c)(2), a country may not continue to be designated as a program country unless the Secretary of Homeland Security, in consultation with the Secretary of State, determines, pursuant to the requirements under paragraph (5), that the designation will be continued. . (3) Initial period Section 217(c) is further amended by striking subsection (c)(4). (4) Continuing designation Section 217(c)(5)(A)(i)(II) of such Act (8 U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as follows: (II) shall determine, based upon the evaluation in subclause (I), whether any such designation under subsection (d) or (f), or probation under subsection (f), ought to be continued or terminated; . (5) Computation of visa refusal rates; judicial review Section 217(c)(6) of such Act ( 8 U.S.C. 1187(c)(6) ) is amended to read as follows: (6) Computation of visa refusal rates and judicial review (A) Computation of visa refusal rates For purposes of determining the eligibility of a country to be designated as a program country, the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on, or are otherwise based on, race, sex, or disability, unless otherwise specifically authorized by law or regulation. (B) Judicial review No court shall have jurisdiction under this section to review any visa refusal, the Secretary of State’s computation of a visa refusal rate, the Secretary of Homeland Security’s computation of an overstay rate, or the designation or nondesignation of a country as a program country. . (6) Visa waiver information Section 217(c)(7) of such Act ( 8 U.S.C. 1187(c)(7) ) is amended— (A) by striking subparagraphs (B) through (D); and (B) by striking waiver information .— and all that follows through In refusing and inserting waiver information .—In refusing . (7) Waiver authority Section 217(c)(8) of such Act ( 8 U.S.C. 1187(c)(8) ) is amended to read as follows: (8) Waiver authority The Secretary of Homeland Security, in consultation with the Secretary of State, may waive the application of paragraph (2)(A)(i) for a country if— (A) the country meets all other requirements of paragraph (2); (B) the Secretary of Homeland Security determines that the totality of the country's security risk mitigation measures provide assurance that the country's participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States; (C) there has been a general downward trend in the percentage of nationals of the country refused nonimmigrant visas under section 101(a)(15)(B); (D) the country consistently cooperated with the Government of the United States on counterterrorism initiatives, information sharing, preventing terrorist travel, and extradition to the United States of individuals (including the country's own nationals) who commit crimes that violate United States law before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State assess that such cooperation is likely to continue; and (E) the percentage of nationals of the country refused a nonimmigrant visa under section 101(a)(15)(B) during the previous full fiscal year was not more than 10 percent of the total number of nationals of that country who were granted or refused such nonimmigrant visas. . (d) Termination of designation; probation Section 217(f) of the Immigration and Nationality Act ( 8 U.S.C. 1187(f) ) is amended to read as follows: (f) Termination of designation; probation (1) Definitions In this subsection: (A) Probationary period The term probationary period means the fiscal year in which a probationary country is placed in probationary status under this subsection. (B) Program country The term program country has the meaning given that term in subsection (c)(1)(B). (2) Determination, notice, and initial probationary period (A) Determination of probationary status and notice of noncompliance As part of each program country’s periodic evaluation required by subsection (c)(5)(A), the Secretary of Homeland Security shall determine whether a program country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (B) Initial probationary period If the Secretary of Homeland Security determines that a program country is not in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2), the Secretary of Homeland Security shall place the program country in probationary status for the fiscal year following the fiscal year in which the periodic evaluation is completed. (3) Actions at the end of the initial probationary period At the end of the initial probationary period of a country under paragraph (2)(B), the Secretary of Homeland Security shall take one of the following actions: (A) Compliance during initial probationary period If the Secretary determines that all instances of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation have been remedied by the end of the initial probationary period, the Secretary shall end the country’s probationary period. (B) Noncompliance during initial probationary period If the Secretary determines that any instance of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation has not been remedied by the end of the initial probationary period— (i) the Secretary may terminate the country’s participation in the program; or (ii) on an annual basis, the Secretary may continue the country’s probationary status if the Secretary, in consultation with the Secretary of State, determines that the country’s continued participation in the program is in the national interest of the United States. (4) Actions at the end of additional probationary periods At the end of all probationary periods granted to a country pursuant to paragraph (3)(B)(ii), the Secretary shall take one of the following actions: (A) Compliance during additional period The Secretary shall end the country’s probationary status if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (B) Noncompliance during additional periods The Secretary shall terminate the country's participation in the program if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the program country continues to be in non-compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (5) Effective date The termination of a country's participation in the program under paragraph (3)(B) or (4)(B) shall take effect on the first day of the first fiscal year following the fiscal year in which the Secretary determines that such participation shall be terminated. Until such date, nationals of the country shall remain eligible for a waiver under subsection (a). (6) Treatment of nationals after termination For purposes of this subsection and subsection (d)— (A) nationals of a country whose designation is terminated under paragraph (3) or (4) shall remain eligible for a waiver under subsection (a) until the effective date of such termination; and (B) a waiver under this section that is provided to such a national for a period described in subsection (a)(1) shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termination. (7) Consultative role of the secretary of state In this subsection, references to subparagraphs (A)(ii) through (F) of subsection (c)(2) and subsection (c)(5)(A) carry with them the consultative role of the Secretary of State as provided in those provisions. . (e) Review of overstay tracking methodology Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the methods used by the Secretary of Homeland Security— (1) to track aliens entering and exiting the United States; and (2) to detect any such alien who stays longer than such alien's period of authorized admission. (f) Evaluation of electronic system for travel authorization Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress— (1) an evaluation of the security risks of aliens who enter the United States without an approved Electronic System for Travel Authorization verification; and (2) a description of any improvements needed to minimize the number of aliens who enter the United States without the verification described in paragraph (1). (g) Sense of Congress on priority for review of program countries It is the sense of Congress that the Secretary of Homeland Security, in the process of conducting evaluations of countries participating in the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ), should prioritize the reviews of countries in which circumstances indicate that such a review is necessary or desirable. 6. Visa processing (a) In general Notwithstanding any other provision of law and not later than 90 days after the date of the enactment of this Act, the Secretary of State shall— (1) require United States diplomatic and consular missions to conduct visa interviews for nonimmigrant visa applications determined to require a consular interview in an expeditious manner, consistent with national security requirements, and in recognition of resource allocation considerations, such as the need to ensure provision of consular services to citizens of the United States; and (2) set a goal of interviewing 90 percent of all nonimmigrant visa applicants, worldwide, within 10 days of receipt of application, subject to the conditions outlined in paragraph (1). (b) Reporting (1) Semi-annual reports Not later than 30 days after the end of the first 6 months after the implementation of subsection (a), and not later than 30 days after June 30 and after December 31 of each subsequent year, the Secretary of State shall submit to the appropriate committees of the Congress a report that provides— (A) data substantiating the efforts of the Secretary of State to meet the requirements and goals described in subsection (a); (B) any factors that have negatively impacted the efforts of the Secretary to meet such requirements and goals; and (C) any measures that the Secretary plans to implement to meet such requirements and goals. (2) Annual reports On an annual basis, the Secretary of State shall submit to the appropriate committees of the Congress a strategic plan that describes the resources needed to carry out subsection (a), including a 10-year forecast of demand for nonimmigrant visas in the key high-growth markets, including— (A) a description of the methodology used to make such forecasts that— (i) describes the internal and external studies utilized to prepare such forecasts; and (ii) indicates whether such methodology utilizes the Department of Commerce’s analysis of visitor arrival projections; (B) a comparison of the Department of State’s nonimmigrant visa demand projections and the Department of Commerce’s visitor arrival projections by country; and (C) a description of the practices and procedures currently used by each United States diplomatic and consular mission to manage nonimmigrant visa workload. (3) Appropriate Committees of the Congress In this section, the term appropriate committees of the Congress means— (A) the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (c) Savings provision (1) In general Nothing in subsection (a) may be construed to affect a consular officer’s authority— (A) to deny a visa application under section 221(g) of the Immigration and Nationality Act (8 U.S.C. 1201(g)); or (B) to initiate any necessary or appropriate security-related check or clearance. (2) Security checks The completion of a security-related check or clearance shall not be subject to the time limits set out in subsection (a). 7. Interviews of visa applicants Section 222 of the Immigration and Nationality Act ( 8 U.S.C. 1202 ) is amended by adding at the end the following: (i) (1) Except as provided in paragraph (3), the Secretary of State— (A) shall develop and conduct a pilot program for processing visas under section 101(a)(15)(B) using secure remote videoconferencing technology as a method for conducting visa interviews of applicants; and (B) in consultation with other Federal agencies that use such secure communications, shall help ensure the security of the videoconferencing transmission and encryption conducted under subparagraph (A). (2) Not later than 90 days after the termination of the pilot program authorized under paragraph (1), the Secretary of State shall submit a report to the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate, and the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives that contains— (A) a detailed description of the results of such program, including an assessment of the efficacy, efficiency, and security of the remote videoconferencing technology as a method for conducting visa interviews of applicants; and (B) recommendations for whether such program should be continued, broadened, or modified. (3) The pilot program authorized under paragraph (1) may not be conducted if the Secretary of State determines that such program— (A) poses an undue security risk; and (B) cannot be conducted in a manner consistent with maintaining security controls. (4) If the Secretary of State makes a determination under paragraph (3), the Secretary shall submit a report to the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate, and the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives that describes the reasons for such determination. (5) For purposes of this subsection, the term in person interview includes interviews conducted using remote video technology. . 8. Visa and trusted traveler application coordination To the maximum extent possible, the Secretary of State shall seek to coordinate enrollment and interview processes for individuals eligible for both a United States visa and enrollment in the Global Entry program operated by U.S. Customs and Border Protection, including providing space for U.S. Customs and Border Protection interviews and unified application fees.

https://www.govinfo.gov/content/pkg/BILLS-113hr1354ih/xml/BILLS-113hr1354ih.xml