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113-hr-1355

I 113th CONGRESS 1st Session H. R. 1355 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Huelskamp (for himself, Mr. Gohmert , Mr. Schweikert , Mr. Denham , and Mrs. Blackburn ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committees on Ways and Means and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To replace certain Federal nutrition programs with a block grant to the States, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the State Nutrition Assistance Flexibility 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. Purpose. Sec. 3. Grants to States. Sec. 4. Administrative and fiscal accountability. Sec. 5. Nondiscrimination provisions. Sec. 6. Definitions. Sec. 7. Repeals. Sec. 8. Severability. Sec. 9. Effective date. 2. Purpose The purpose of this Act is to provide Federal financial assistance to the States, in the form of a single grant, to allow the States maximum flexibility in providing, and financing the provision of, supplemental food and nutrition assistance. 3. Grants to States (a) Allotments Subject to the requirements of this Act, each State that meets the requirements of subsection (d) is entitled to receive from the Secretary of the Treasury a grant for each quarter of each of fiscal years 2014 through 2023 in an amount equal to 25 percent of the amount that bears the same relation to the funds appropriated by subsection (b) for a fiscal year as the number of individuals who reside within the State and are members of families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, bears to the total number of such individuals who reside in all States for such fiscal year. (b) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for each of fiscal years 2014 through 2023, $37,642,040,000. (c) Requirements relating to intergovernmental financing The Secretary of the Treasury shall make the transfer of funds under grants under subsection (a) directly to each State in accordance with the requirements of section 6503 of title 31, United States Code. (d) State requirements In order to receive a grant under subsection (a) , the Governor of a State shall certify to the Secretary of the Treasury— (1) that the supplemental food and nutrition assistance that will be provided by the State using such grant will include limitations on the eligible uses of benefits that are at least as restrictive as the limitations in place for the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) as of May 31, 2012; and (2) that the State will use a portion of the grant to establish a work activation program described in subsection (e) for able-bodied individuals receiving supplemental food and nutrition assistance; (e) Work activation program (1) Program requirements The work activation program established by a State under subsection (d)(2) shall met the following requirements: (A) The average number of able-bodied individuals receiving supplemental food and nutrition assistance that shall participate in the program in the State for each month of a fiscal year shall be based on the State’s relative proportion of able-bodied individuals receiving supplemental food and nutrition assistance for the most recent month of the most recent fiscal year for which satisfactory data is available, compared to the total number of such individuals in all States for such month, except that, each month, not less than a total of 1,500,000 individuals shall participate in 1 or more such work activation programs. (B) Each able-bodied individual participating in the work activation program— (i) shall at the time of application for supplemental food and nutrition assistance and every 12 months thereafter, register for employment in a manner prescribed by the Governor of the State; (ii) shall, each month of participation in the program, participate in— (I) 2 days of supervised job search for 8 hours per day at the program site; and (II) 5 days of off-site activity for 8 hours per day; (iii) shall not refuse without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of— (I) the applicable Federal or State minimum wage; or (II) 80 percent of the wage that would have governed had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) been applicable to the offer of employment; (iv) shall not refuse without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual; and (v) shall not voluntarily— (I) quit a job; or (II) reduce work effort and, after the reduction, the individual is working less than 30 hours per week, unless another adult in the same family unit increases employment at the same time by an amount equal to the reduction in work effort by the first adult. (C) An able-bodied individual participating in the work activation program who fails to comply with 1 or more of the requirements described in subparagraph (B)— (i) shall be subject to a sanction period of not less than a 2-month period beginning the day of the individual’s first failure to comply with such requirements during which the individual shall not receive any supplemental food and nutrition assistance; and (ii) may receive supplemental food and nutrition assistance after the individual is in compliance with such requirements for not less than a 1-month period beginning after the completion of such sanction period, except that such assistance may not be provided retroactively. (2) Penalties for States A State that does not meet the participation requirements under paragraph (1)(A) for the preceding fiscal year, as determined by calculating the average monthly participation for such year, shall be subject to a reduction of grant funds for the first full quarter after the Secretary of the Treasury determines that the State failed to meet such participation requirements in an amount equal to the greater of— (A) 10 percent of the grant funds the State would have otherwise received for such quarter; or (B) a percentage of funds that equals the percentage by which the State failed to meet such participation requirements. (f) Expenditure of funds (1) In general Except as provided in paragraph (2) , amounts received by a State under subsection (a) for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year. (2) Use of rainy day fund permitted Of the amounts received by a State under subsection (a) , the State may set aside, in a separate account, such amounts as the State deems necessary to provide, without fiscal limitation, supplemental food and nutrition assistance and services for indigent individuals during— (A) periods of unexpectedly high rates of unemployment; or (B) periods related to circumstances that are not described in subparagraph (A) and that cause unexpected increases in the need for such assistance and services for such individuals. (3) Funds remaining after fiscal year 2023 If, after 2023, a State has funds in the account under paragraph (2), the State may only expend such funds if such funds are used in a manner that is permitted under subsection (g) , as such subsection is in effect on September 30, 2023. (g) Use of funds A State may only use the amounts received under subsection (a) as follows: (1) General purpose For the purpose under section 2 , except that nothing in this Act shall be construed as limiting the flexibility of a State to determine which providers of such assistance and services qualify to receive payment from a grant made to the State under subsection (a) . (2) Authority to use portion of federal assistance for other welfare-related programs (A) In general Subject to the limit under subparagraph (B) , to carry out a State program pursuant to any or all of the following provisions of law: (i) Part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ). (ii) Section 1616 of such Act ( 42 U.S.C. 1382e ). (B) Limitation A State may not use more than 30 percent of the amount received under subsection (a) for a fiscal year to carry out a State program, or programs, under subparagraph (A) . (C) Requirements on funds Any amounts that are used under subparagraph (A)— (i) shall not be subject to any of the requirements of subsection (f) or section 5 ; and (ii) shall be subject to— (I) the audit requirements under section 4 ; and (II) any requirements that apply to Federal funds provided directly for such State program. (h) No funding for illegal aliens Except as provided under this Act, no funds appropriated in this Act may be used to provide supplemental food and nutrition assistance to an alien who is not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. (i) Nonentitlement Nothing in this Act shall be construed as providing an individual with an entitlement to supplemental food and nutrition assistance under this Act. 4. Administrative and fiscal accountability (a) Audits (1) Contract with approved auditing entity Not later than October 1, 2014, and annually thereafter, a State shall contract with an approved auditing entity (as defined under paragraph (3)(B) ) for purposes of conducting an audit under paragraph (2) (with respect to the fiscal year ending September 30 of such year). (2) Audit requirement Under a contract under paragraph (1) , an approved auditing entity shall conduct an audit of the expenditures or transfers made by a State from amounts received under a grant under this section 3(a) with respect to the fiscal year which such audit covers, to determine the extent to which such expenditures and transfers were expended in accordance with this Act. (3) Entity conducting audit (A) In general With respect to a State, the audit under paragraph (2) shall be conducted by an approved auditing entity in accordance with generally accepted auditing principles. (B) Approved auditing entity For purposes of this section, the term approved auditing entity means, with respect to a State, an entity that is— (i) approved by the Secretary of the Treasury; (ii) approved by the chief executive officer of the State; and (iii) independent of any Federal, State, or local agency. (4) Submission of audit Not later than December 31, 2014, and annually thereafter, a State shall submit the results of the audit under paragraph (2) (with respect to the fiscal year ending on September 30 of such year) to the State legislature and to the Secretary of the Treasury. (5) Additional accounting requirements The provisions of chapter 75 of title 31, United States Code, shall apply to the audit requirements of this section. (b) Reimbursement and penalty If, through an audit conducted under subsection (a) , an approved auditing entity finds that any amounts paid to a State under a grant under section 3(a) were not expended in accordance with this Act, the State shall pay to the Treasury of the United States any such amount, plus 10 percent of such amount as a penalty. (c) Annual reporting requirements (1) In general Not later than January 31, 2015, and annually thereafter, each State shall submit to the Secretary of the Treasury and the State legislature a report on the activities carried out by the State during the most recently completed fiscal year with funds received by the State under a grant under section 3(a) for such fiscal year. (2) Content A report under paragraph (1) shall, with respect to a fiscal year— (A) contain the results of the audit conducted by an approved auditing entity for a State for such fiscal year, in accordance with the requirements of subsection (a) of this section; (B) specify the amount of the grant made to the State under section 3(a) that is used to carry out a program under section 3(f)(2) ; (C) specify the number of participants in the work activation program described in section 3(e) in the State; (D) specify the number of participants in such program that found work through the program, including the number of such participants who were hired as part-time employees and the number of such participants who were hired as full-time employees; and (E) be in such form and contain such other information as the State determines is necessary to provide— (i) an accurate description of the activities conducted by the State for the purpose described under section 2 and any other use of funds permitted under subsections (f) and (g) of section 3 ; and (ii) a complete record of the purposes for which amounts were expended in accordance with this Act. (3) Conformity with accounting principles Any financial information in the report under paragraph (1) shall be prepared and reported in accordance with generally accepted accounting principles, including the provisions of chapter 75 of title 31, United States Code. (4) Public availability A State shall make copies of the reports required under this section available on a public Web site and shall make copies available in other formats upon request. (d) Failure To comply with requirements The Secretary of the Treasury shall not make any payment to a State under a grant authorized by section 3(a) — (1) if an audit for a State is not submitted as required under subsection (a) , during the period between the date such audit is due and the date on which such audit is submitted; or (2) if a State fails to submit a report as required under subsection (c) , during the period between the date such report is due and the date on which such report is submitted. (e) Administrative supervision and oversight (1) Limited role for secretary of treasury and the attorney general (A) Treasury The authority of the Secretary of the Treasury under this Act is limited to— (i) promulgating regulations, issuing rules, or publishing guidance documents to the extent necessary for purposes of implementing subsections (a)(3)(B) , (b) , and (d) ; (ii) making quarterly payments to the States under grants under this Act in accordance with section 3(a) ; (iii) approving entities under subsection (a)(3)(B) for purposes of the audits required under subsection (a) ; (iv) withholding payment to a State of a grant under subsection (d) ; and (v) exercising the authority relating to nondiscrimination that is specified in section 5(b) . (B) Attorney general The authority of the Attorney General to supervise the amounts received by a State under section 3(a) is limited to the authority under section 5(c) . (2) Federal supervision (A) In general Except as provided under paragraph (1) , an administrative officer, employee, department, or agency of the United States (including the Secretaries of Agriculture and Health and Human Services) may not— (i) supervise— (I) the amounts received by the States under section 3(a) ; or (II) the use of such amounts by the States; or (ii) promulgate regulations or issue rules in accordance with this Act. (B) Limitation on secretaries of agriculture and Health and Human Services The Secretaries of Agriculture and Health and Human Services shall have no authority over any provision of this Act. (f) Reservation of state powers Nothing in this section shall be construed to limit the power of a State, including the power of a State to pursue civil and criminal penalties under State law against any individual or entity that misuses, or engages in fraud or abuse related to the funds provided to a State under this Act. 5. Nondiscrimination provisions (a) Nondiscrimination against individuals No individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under, any program or activity funded in whole or in part with amounts paid to a State under this section 3(a) on the basis of such individual’s— (1) disability under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (2) sex under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ); or (3) race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (b) Compliance (1) In general If the Secretary of the Treasury determines that a State or an entity that has received funds from amounts paid to a State under a grant under section 3(a) has failed to comply with a provision of law referred to in subsection (a), the Secretary of the Treasury shall notify the chief executive officer of the State of such failure to comply and shall request that such chief executive officer secure such compliance. (2) Refusal to secure compliance If, not later than 60 days after receiving notification under paragraph (1) , the chief executive officer of a State fails or refuses to secure compliance with the provision of law referred to in such notification, the Secretary of the Treasury may— (A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; or (B) exercise the powers and functions provided under section 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a ), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as applicable). (c) Civil actions If a matter is referred to the Attorney General under subsection (b)(2)(A), or the Attorney General has reason to believe that a State or entity has failed to comply with a provision of law referred to in subsection (a), the Attorney General may bring a civil action in an appropriate district court of the United States for such relief as may be appropriate, including injunctive relief. 6. Definitions For purposes of this Act: (1) Able-bodied individual The term able-bodied individual means an individual who— (A) is more than 18, and less than 63, years of age; (B) is not physically or mentally incapable of work; (C) is not the full-time caretaker of a disabled adult dependent; and (D) does not have a dependent child. (2) Physically or Mentally Incapable of Work The term physically or mentally incapable of work shall mean an individual— (A) who currently receives benefits from the Supplemental Security Income program or another program that provides recurring benefits to individuals because the individual is disabled and unable to work; or (B) who has been medically certified as physically or mentally incapable of work and who has a credible pending application for enrollment in the Supplemental Security Income program or another program that provides recurring benefits to individuals because the individual is disabled and unable to work. (3) Poverty line The term poverty line means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. (4) Supervised Job Search The term supervised job search means a job search program which has the following characteristics: (A) The job search occurs at an official location where the recipient's presence and activity can be directly observed, supervised, and monitored. (B) The recipient's entry, time on site, and exit from the official job search location are recorded in a manner which prevents fraud. (C) The recipient is expected to remain and undertake job search activities at the job search center except for brief, authorized departures for specified off-site interviews. (D) The amount of time the recipient is observed and monitored engaging in job search at the official location is recorded. (5) Supplemental food and nutrition assistance The term supplemental food and nutrition assistance shall be defined by a State with respect to use of such term for purposes of the application of this Act to the State. (6) State The term State has the meaning given the term in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) as of May 31, 2012. (7) Work activation The term work activation means— (A) supervised job search; (B) community service activities; (C) education and job training for individuals who are family heads or married spouses of family heads; or (D) drug or alcohol treatment. 7. Repeals The following provisions are repealed: (1) The Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq. ). (2) Section 5 of the Agriculture and Consumer Protection Act of 1973, (commonly known as the commodity supplemental food program) ( 7 U.S.C. 612c note). (3) Section 4402 of Public Law 107–171 (relating to the seniors farmers’ market nutrition program) ( 7 U.S.C. 3007 ). (4) The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (5) Section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a ). 8. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected. 9. Effective date This Act and the amendments made by this Act shall take effect with respect to items and services furnished on or after October 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1355ih/xml/BILLS-113hr1355ih.xml

113-hr-1356

I 113th CONGRESS 1st Session H. R. 1356 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Hunter (for himself, Mr. Schiff , Ms. Linda T. Sánchez of California , Mr. McClintock , Ms. Matsui , Ms. Lee of California , Mr. Honda , Ms. Waters , Mr. Calvert , Mr. Costa , Mr. Farr , Mr. Royce , Ms. Loretta Sanchez of California , Mr. Rohrabacher , Mrs. Napolitano , Mr. Nunes , Mr. Waxman , Mr. Thompson of California , Mr. Cárdenas , Mrs. Capps , Ms. Eshoo , Mr. Cook , Ms. Brownley of California , Mrs. Negrete McLeod , Mr. Vargas , Mr. LaMalfa , Ms. Chu , Mr. Campbell , Mr. Sherman , Mr. McCarthy of California , Mr. McKeon , Mr. McNerney , Mr. Garamendi , Mr. Denham , Mr. Takano , Ms. Hahn , Mr. Swalwell of California , Mr. Ruiz , Ms. Lofgren , Mrs. Davis of California , Mr. Bera of California , Mr. Lowenthal , Mr. Valadao , Mr. Huffman , and Ms. Bass ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 1444 Main Street in Ramona, California, as the Nelson Mac MacWilliams Post Office Building . 1. Nelson Mac MacWilliams Post Office Building (a) Designation The facility of the United States Postal Service located at 1444 Main Street in Ramona, California, as the Nelson Mac MacWilliams Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Nelson Mac MacWilliams Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr1356ih/xml/BILLS-113hr1356ih.xml

113-hr-1357

I 113th CONGRESS 1st Session H. R. 1357 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend the VOW to Hire Heroes Act of 2011 to improve the Veterans Retraining Assistance Program by providing assistance under such program for certain training programs that are considered less than full-time. 1. Veterans Retraining Assistance Program (a) In general Section 211(b) of the VOW to Hire Heroes Act of 2011 ( 38 U.S.C. 4100 note) is amended— (1) by striking , on a full-time basis, ; (2) in paragraph (4), by striking and ; (3) in paragraph (5), by striking the period and inserting ; and ; and (4) by adding at the end the following new paragraph: (6) is pursued— (A) on a full-time basis; or (B) on a less than full-time basis if the program consists of at least 16 seat-time hours (or the equivalent). . (b) Effective date The amendments made by subsection (a) shall apply with respect to veterans enrolled in a program of education described in section 211(b) of the VOW to Hire Heroes Act of 2011 (38 U.S.C. 4100 note) on or after July 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1357ih/xml/BILLS-113hr1357ih.xml

113-hr-1358

I 113th CONGRESS 1st Session H. R. 1358 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Eddie Bernice Johnson of Texas (for herself, Ms. Clarke , Mr. Larsen of Washington , Mr. Hinojosa , Ms. Norton , Ms. Lofgren , Ms. Brownley of California , Mr. Honda , Mr. Takano , Mr. Danny K. Davis of Illinois , Mr. Kilmer , Mrs. Christensen , Ms. Schwartz , and Mr. Rush ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To direct the Director of the Office of Science and Technology Policy to carry out programs and activities to ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging their entire talent pool, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the STEM Opportunities Act of 2013 . (b) Findings The Congress finds the following: (1) Many reports over the past decade have found that it is critical to our Nation’s economic leadership and global competitiveness that we educate and train more scientists and engineers. (2) Research shows that women and minorities who are interested in STEM careers are lost at every educational transition, from high school on through full professorships. (3) According to data compiled by the National Science Foundation, women now earn about half of all science and engineering bachelor’s degrees, but major variations persist among fields. For example, women still receive only 20 percent of all bachelor’s degrees awarded in engineering and 10 percent in computer sciences. Based on Bureau of Labor Statistics data, jobs in computing occupations are expected to account for 62 percent of the projected annual growth of newly created STEM job openings from 2010 to 2020. (4) In 2007 underrepresented minority groups comprised 33.2 percent of the college-age population of the United States, but only 17.7 percent of undergraduate students earning bachelor’s degrees in STEM fields. The Higher Education Research Institute at the University of California, Los Angeles, found that, while freshmen from underrepresented minority groups express an interest in pursuing a STEM undergraduate degree at the same rate as all other freshmen, only 22.1 percent of Latino students, 18.4 percent of African-American students, and 18.8 percent of Native American students studying in STEM fields complete their degree within 5 years, compared to an approximate 33 percent and 42 percent 5-year completion rate for White and Asian students, respectively. (5) Statistics are particularly alarming in specific STEM fields. For example, even though underrepresented minorities make up approximately 33 percent of the college-age population, according to an analysis of National Science Foundation data performed by the National Action Council for Minorities in Engineering, students from underrepresented minority groups earned only 13 percent of all engineering degrees in 2009. (6) Even in science and engineering fields with a higher representation of women, such as the social and behavioral sciences, women remain underrepresented among university faculty. According to data compiled by the National Science Foundation, for over 30 years women have made up over 30 percent of the doctorates awarded in social sciences and behavioral sciences and over 20 percent in the life sciences. Yet, at the top research institutions, only 15.4 percent of the full professors in the social and behavioral sciences and 14.8 percent in the life sciences are women. (7) Underrepresented minority groups currently make up about 29 percent of the United States population. However, only about 8 percent of tenure-track science and engineering faculty members at universities and 4-year colleges and less than 1 percent of tenure-track science and engineering faculty members at the top 100 research universities in the United States are from underrepresented minority groups. (8) By 2050 underrepresented minorities will comprise 52 percent of the college-age population of the United States. If the percentage of female students and students from underrepresented minority groups earning bachelor’s degrees in STEM fields does not significantly increase, the United States will face an acute shortfall in the overall number of students who earn degrees in STEM fields just as United States companies are increasingly seeking students with those skills. With this impending shortfall, the United States will almost certainly lose its competitive edge in the 21st century global economy. (9) According to a recent Association for Women in Science survey of over 4,000 scientists across the globe, 70 percent of whom were men, STEM researchers face significant challenges in work-life integration. Researchers in the United States were among the most likely to experience a conflict between work and their personal life at least weekly. One-third of researchers surveyed said that ensuring good work-life integration has negatively impacted their careers, and, of researchers intending to leave their current job within the next year, 9 percent indicated it was because they were unable to balance work and life demands. (10) Female students and students from underrepresented minority groups at institutions of higher education who see few others ‘‘like themselves’’ among faculty and student populations often do not experience the social integration that is necessary for success in all disciplines, including STEM. (11) A substantial body of evidence establishes that most people hold implicit biases. Decades of cognitive psychology research reveal that most people carry prejudices of which they are unaware but that nonetheless play a large role in evaluations of people and their work. Unintentional biases and outmoded institutional structures are hindering the access and advancement of women and minorities in science and engineering. (12) Workshops held to educate faculty about unintentional biases have demonstrated success in raising awareness of such biases. (13) In 2012 the National Aeronautics and Space Administration’s Office of Diversity and Equal Opportunity completed a report specifically designed to help NASA grant recipients identify why the dearth of women in STEM fields continues and to ensure that it is not due to discrimination. The report provides guidance to institutions of higher education on how to conduct meaningful self-evaluations of campus culture and policies. This report and its guidance are equally applicable to all institutions of higher education receiving significant Federal research funding. (14) The Federal Government provides over 60 percent of research funding at institutions of higher education and, through its grant-making policies, has had significant influence on institution of higher education policies, including policies related to institutional culture and structure. 2. Purpose (a) In general The Director, acting through the Federal science agencies, shall carry out programs and activities with the purpose of ensuring that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging their entire talent pool. (b) Purposes The purposes of this Act are as follows: (1) To promote research on and increase understanding of the participation and trajectories of women and underrepresented minorities in STEM careers at institutions of higher education and Federal science agencies, including Federal laboratories. (2) To raise awareness within Federal science agencies, including Federal laboratories, and institutions of higher education about cultural and institutional barriers limiting the recruitment, retention, promotion, and other indicators of participation and achievement of women and underrepresented minorities in academic and Government STEM research careers at all levels. (3) To identify, disseminate, and implement best practices at Federal science agencies, including Federal laboratories, and at institutions of higher education to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of women and underrepresented minorities in academic and Government STEM research careers. (4) To provide grants to institutions of higher education to recruit, retain, and advance STEM faculty members from underrepresented minority groups and to implement or expand reforms in undergraduate STEM education in order to increase the number of students from underrepresented minority groups receiving degrees in these fields. 3. Federal science agency policies for caregivers (a) OSTP guidance Not later than 6 months after the date of enactment of this Act, the Director shall provide guidance to Federal science agencies to establish policies that— (1) apply to all— (A) intramural and extramural research awards; and (B) primary investigators who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member who is sick or disabled; and (2) provide— (A) flexibility in timing for the initiation of approved research awards; (B) no-cost extensions of research awards; (C) grant supplements as appropriate to research awards for research technicians or equivalent to sustain research activities; and (D) any other appropriate accommodations at the discretion of the director of each agency. (b) Uniformity of guidance In providing such guidance, the Director shall encourage uniformity and consistency in the policies across all agencies. (c) Establishment of policies Consistent with the guidance provided under this section, Federal science agencies shall maintain or develop and implement policies for caregivers and shall broadly disseminate such policies to current and potential grantees. (d) Data on usage Federal science agencies shall— (1) collect data on the usage of the policies under subsection (c), by gender, at both institutions of higher education and Federal laboratories; and (2) report such data on an annual basis to the Director in such form as required by the Director. 4. Collection and reporting of data on Federal research grants (a) Collection of data (1) In general Each Federal science agency shall collect standardized record-level annual information on demographics, primary field, award type, review rating (as practicable), budget request, funding outcome, and awarded budget for all applications for merit-reviewed research and development grants to institutions of higher education and Federal laboratories supported by that agency. (2) Uniformity and standardization The Director shall establish a policy to ensure uniformity and standardization of the data collection required under paragraph (1). (3) Record-level data (A) Requirement On an annual basis, beginning with the deadline under subparagraph (C), each Federal science agency shall submit to the Director of the National Science Foundation record-level data collected under paragraph (1) in the form required by such Director. (B) Previous data As part of the first submission under subparagraph (A), each Federal science agency, to the extent practicable, shall also submit comparable record-level data for the 5 years preceding the deadline under subparagraph (C). (C) Deadline The deadline under this paragraph is a date that is not later than 2 years after the date of enactment of this Act. (b) Reporting of data The Director of the National Science Foundation shall publish statistical summary data collected under this section, disaggregated and cross-tabulated by race, ethnicity, gender, age, and years since completion of doctoral degree, including in conjunction with the National Science Foundation’s report required by section 37 of the Science and Technology Equal Opportunities Act ( 42 U.S.C. 1885d ; Public Law 96–516 ). 5. Policies for review of Federal research grants (a) In general The Director, in collaboration with the Director of the National Science Foundation, shall identify information and best practices useful for educating program officers and members of standing peer review committees at Federal science agencies about— (1) research on implicit bias based on gender, race, or ethnicity; and (2) methods to minimize the effect of such bias in the review of extramural and intramural Federal research grants. (b) Guidance to all Federal science agencies The Director shall disseminate the information and best practices identified in subsection (a) to all Federal science agencies and provide guidance as necessary on policies to implement such practices within each agency. (c) Establishment of policies Consistent with the guidance provided in subsection (b), Federal science agencies shall maintain or develop and implement policies and practices to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants. (d) Report to Congress Not later than 2 years after the date of enactment of this Act, the Director shall report to Congress on what steps all Federal science agencies have taken to implement policies and practices to minimize the effects of bias in the review of extramural and intramural Federal research grants. 6. Collection of data on demographics of faculty (a) Collection of data (1) In general Not later than 3 years after the date of enactment of this Act, and at least every 5 years thereafter, the Director of the National Science Foundation shall carry out a survey to collect institution-level data on the demographics of STEM faculty, by broad fields of STEM, at different types of institutions of higher education. (2) Considerations To the extent practicable, the Director of the National Science Foundation shall consider, by gender, race, ethnicity, citizenship status, age, and years since completion of doctoral degree— (A) the number and percentage of faculty; (B) the number and percentage of faculty at each rank; (C) the number and percentage of faculty who are in nontenure-track positions, including teaching and research; (D) the number and percentage of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, including being awarded tenure; (E) faculty years in rank; (F) the number and percentage of faculty to leave tenure-track positions; (G) the number and percentage of faculty hired, by rank; and (H) the number and percentage of faculty in leadership positions. (b) Existing surveys The Director of the National Science Foundation— (1) may carry out the requirements under subsection (a) by collaborating with statistical centers at other Federal agencies to modify or expand, as necessary, existing Federal surveys of higher education; or (2) may award a grant or contract to an institution of higher education or other nonprofit organization to design and carry out the requirements under subsection (a) . (c) Reporting data The Director of the National Science Foundation shall publish statistical summary data collected under this section, including as part of the National Science Foundation’s report required by section 37 of the Science and Technology Equal Opportunities Act ( 42 U.S.C. 1885d ; Public Law 96–516 ). (d) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $3,000,000 in each of fiscal years 2014 through 2016 to develop and carry out the initial survey required in subsection (a) . 7. Cultural and institutional barriers to expanding the academic and Federal STEM workforce (a) Best practices at institutions of higher education (1) Development of guidance Not later than 6 months after the date of enactment of this Act, the Director of the National Science Foundation shall develop written guidance for institutions of higher education on the best practices for— (A) conducting periodic campus culture surveys of STEM departments, with a particular focus on identifying any cultural or institutional barriers to or successful enablers for the recruitment, retention, promotion, and other indicators of participation and achievement, of women and underrepresented minorities in STEM degree programs and academic STEM careers; and (B) providing educational opportunities, including workshops as described in subsection (c) , for STEM faculty and administrators to learn about current research on implicit bias in recruitment, evaluation, and promotion of faculty in STEM and recruitment and evaluation of undergraduate and graduate students in STEM degree programs. (2) Existing guidance In developing the guidance in paragraph (1) , the Director of the National Science Foundation shall utilize guidance already developed by the National Aeronautics and Space Administration, the Department of Energy, and the Department of Education. (3) Dissemination of guidance The Director of the National Science Foundation shall broadly disseminate the guidance developed in paragraph (1) to institutions of higher education that receive Federal research funding. (4) Reports to the National Science Foundation The Director of the National Science Foundation shall develop a policy that— (A) applies to, at a minimum, the institutions classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2013, as a doctorate-granting university with a very high level of research activity; and (B) requires each institution identified in subparagraph (A) , not later than 3 years after the date of enactment of this Act, to report to the Director of the National Science Foundation on activities and policies developed and implemented based on the guidance provided in paragraph (1) . (b) Best practices at Federal laboratories (1) Development of guidance Not later than 6 months after the date of enactment of this Act, the Director shall develop written guidance for Federal laboratories to develop and implement practices and policies to— (A) conduct periodic laboratorywide culture surveys of research personnel at all levels, with a particular focus on identifying any cultural or institutional barriers to the recruitment, retention, and success of women and underrepresented minorities in STEM careers at Federal laboratories; and (B) provide educational opportunities, including workshops as described in subsection (c) , for STEM research personnel to learn about current research in implicit bias in recruitment, evaluation, and promotion of research personnel at Federal laboratories. (2) Establishment of policies Consistent with the guidance provided in paragraph (1) , Federal science agencies with Federal laboratories shall maintain or develop and implement policies for their respective Federal laboratories. (c) Workshops To address cultural barriers To expanding the academic and Federal STEM workforce (1) In general Not later than 6 months after the date of enactment of this Act, the Director of the National Science Foundation shall recommend a uniform policy for Federal science agencies to carry out a program of workshops that educate STEM department chairs at institutions of higher education, senior managers at Federal laboratories, and other federally funded researchers about methods that minimize the effects of implicit bias in the career advancement, including hiring, tenure, promotion, and selection for any honor based in part on the recipient’s research record, of academic and Federal STEM researchers. (2) Interagency coordination The Director of the National Science Foundation shall ensure that workshops supported under this subsection are coordinated across Federal science agencies and jointly supported as appropriate. (3) Minimizing costs To the extent practicable, workshops shall be held in conjunction with national or regional STEM disciplinary meetings to minimize costs associated with participant travel. (4) Priority fields for academic participants In considering the participation of STEM department chairs and other academic researchers, the Director shall prioritize workshops for the broad fields of STEM in which the national rate of representation of women among tenured or tenure-track faculty or non-faculty researchers at doctorate-granting institutions of higher education is less than 25 percent, according to the most recent data available from the National Center for Science and Engineering Statistics. (5) Organizations eligible to carry out workshops Federal science agencies may carry out the program of workshops under this subsection by making grants to eligible organizations. In addition to any other organizations made eligible by the Federal science agencies, the following organizations are eligible for grants under this subsection: (A) Nonprofit scientific and professional societies and organizations that represent one or more STEM disciplines. (B) Nonprofit organizations that have the primary mission of advancing the participation of women or underrepresented minorities in STEM. (6) Characteristics of workshops The workshops shall have the following characteristics: (A) Invitees to workshops shall include at least— (i) the chairs of departments in the relevant STEM discipline or disciplines from at least the top 50 institutions of higher education, as determined by the amount of Federal research and development funds obligated to each institution of higher education in the prior year based on data available from the National Science Foundation; and (ii) in the case of Federal laboratories, individuals with personnel management responsibilities comparable to those of an institution of higher education department chair. (B) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of implicit bias in recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement for faculty and other federally funded STEM researchers and shall provide strategies to overcome such bias. (C) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by underrepresented sub-groups, including minority women, minority men, and first generation minority graduates in research. (D) Workshop programs shall include information on best practices for mentoring undergraduate and graduate women and underrepresented minority students. (7) Data on workshops Any proposal for funding by an organization seeking to carry out a workshop under this subsection shall include a description of how such organization will— (A) collect data on the rates of attendance by invitees in workshops, including information on the home institution and department of attendees, and the rank of faculty attendees; (B) conduct attitudinal surveys on workshop attendees before and after the workshops; and (C) collect follow-up data on any relevant institutional policy or practice changes reported by attendees not later than one year after attendance in such a workshop. (8) Report to NSF Organizations receiving funding to carry out workshops under this subsection shall report the data required in paragraph (7) to the Director of the National Science Foundation in such form as required by such Director. (d) Report to Congress Not later than 4 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress that includes— (1) a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection (a) based on the reports submitted under paragraph (4) of such subsection; and (2) a description and evaluation of the status and effectiveness of the program of workshops required under subsection (c) , including a summary of any data reported under paragraph (8) of such subsection. (e) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $2,000,000 in each of fiscal years 2014 through 2018 to carry out this section. 8. Research and dissemination at the National Science Foundation (a) In general The Director of the National Science Foundation shall award research grants and carry out dissemination activities consistent with the purposes of this Act, including— (1) research grants to analyze the record-level data collected under section 4 and section 6 , consistent with policies to ensure the privacy of individuals identifiable by such data; (2) research grants to study best practices for work-life accommodation; (3) research grants to study the impact of policies and practices that are implemented under this Act or that are otherwise consistent with the purposes of this Act; (4) collaboration with other Federal science agencies and professional associations to exchange best practices, harmonize work-life accommodation policies and practices, and overcome common barriers to work-life accommodation; and (5) collaboration with institutions of higher education in order to clarify and catalyze the adoption of a coherent and consistent set of work-life accommodation policies and practices. (b) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $5,000,000 in each of fiscal years 2014 through 2018 to carry out this section. 9. Report to Congress Not later than 4 years after the date of enactment of this Act, the Director shall submit a report to Congress that includes— (1) a description and evaluation of the status and usage of caregiver policies at all Federal science agencies, including any recommendations for revising or expanding such policies; (2) a description of any significant updates to the policies for review of Federal research grants required under section 5 , and any evidence of the impact of such policies on the review or awarding of Federal research grants; and (3) a description and evaluation of the status of Federal laboratory policies and practices required under section 7(b) , including any recommendations for revising or expanding such policies. 10. National Science Foundation support for increasing diversity among STEM faculty at institutions of higher education (a) Grants The Director of the National Science Foundation shall award grants to institutions of higher education (or consortia thereof) for the development of innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers. (b) Merit review; competition Grants shall be awarded under this section on a merit-reviewed, competitive basis. (c) Use of funds Activities supported by grants under this section may include— (1) institutional assessment activities, such as data analyses and policy review, in order to identify and address specific issues in the recruitment, retention, and advancement of faculty members from underrepresented minority groups; (2) implementation of institution-wide improvements in workload distribution, such that faculty members from underrepresented minority groups are not disadvantaged in the amount of time available to focus on research, publishing papers, and engaging in other activities required to achieve tenure status and run a productive research program; (3) development and implementation of training courses for administrators and search committee members to ensure that candidates from underrepresented minority groups are not subject to implicit biases in the search and hiring process; (4) development and hosting of intra- or inter-institutional workshops to propagate best practices in recruiting, retaining, and advancing faculty members from underrepresented minority groups; (5) professional development opportunities for faculty members from underrepresented minority groups; (6) activities aimed at making undergraduate STEM students from underrepresented minority groups aware of opportunities for academic careers in STEM fields; (7) activities to identify and engage exceptional graduate students from underrepresented minority groups at various stages of their studies and to encourage them to enter academic careers; and (8) other activities consistent with subsection (a) , as determined by the Director of the National Science Foundation. (d) Selection process (1) Application An institution of higher education (or consortia thereof) seeking funding under this section shall submit an application to the Director of the National Science Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of— (A) the reform effort that is being proposed for implementation by the institution of higher education; (B) any available evidence of specific difficulties in the recruitment, retention, and advancement of faculty members from underrepresented minority groups in STEM academic careers within the institution of higher education submitting an application, and how the proposed reform effort would address such issues; (C) how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the grant; and (D) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. (2) Review of applications In selecting grant recipients under this section, the Director of the National Science Foundation shall consider, at a minimum— (A) the likelihood of success in undertaking the proposed reform effort at the institution of higher education submitting the application, including the extent to which the administrators of the institution are committed to making the proposed reform effort a priority; (B) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on the recruitment, retention, and advancement of faculty members from underrepresented minority groups; (C) the likelihood that the institution of higher education will sustain or expand the proposed reform effort beyond the period of the grant; and (D) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. (3) Grant distribution The Director of the National Science Foundation shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education. (e) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $10,000,000 in each of fiscal years 2014 through 2018 to carry out this section. 11. National Science Foundation support for broadening participation in undergraduate STEM education (a) Grants The Director of the National Science Foundation shall award grants to institutions of higher education (or consortia thereof) to implement or expand research-based reforms in undergraduate STEM education for the purpose of recruiting and retaining students from minority groups who are underrepresented in STEM fields, with a priority focus on natural science and engineering fields. (b) Merit review; competition Grants shall be awarded under this section on a merit-reviewed, competitive basis. (c) Use of funds Activities supported by grants under this section may include— (1) implementation or expansion of innovative, research-based approaches to broaden participation of underrepresented minority groups in STEM fields; (2) implementation or expansion of bridge, cohort, tutoring, or mentoring programs designed to enhance the recruitment and retention of students from underrepresented minority groups in STEM fields; (3) implementation or expansion of outreach programs linking institutions of higher education and K–12 school systems in order to heighten awareness among pre-college students from underrepresented minority groups of opportunities in college-level STEM fields and STEM careers; (4) implementation or expansion of faculty development programs focused on improving retention of undergraduate STEM students from underrepresented minority groups; (5) implementation or expansion of mechanisms designed to recognize and reward faculty members who demonstrate a commitment to increasing the participation of students from underrepresented minority groups in STEM fields; (6) expansion of successful reforms aimed at increasing the number of STEM students from underrepresented minority groups beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit to other STEM academic units within an institution of higher education; (7) expansion of opportunities for students from underrepresented minority groups to conduct STEM research in industry, at Federal labs, and at international research institutions or research sites; (8) provision of stipends for students from underrepresented minority groups participating in research; (9) development of research collaborations between research-intensive universities and primarily undergraduate minority-serving institutions; (10) support for graduate students and post­doctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions, including primarily undergraduate minority-serving institutions and two-year institutions of higher education; and (11) other activities consistent with subsection (a) , as determined by the Director of the National Science Foundation. (d) Selection process (1) Application An institution of higher education (or consortia thereof) seeking a grant under this section shall submit an application to the Director of the National Science Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum— (A) a description of the proposed reform effort; (B) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform, a description of the previously implemented reform effort, including data about the recruitment, retention, and academic achievement of students from underrepresented minority groups; (C) evidence of an institutional commitment to, and support for, the proposed reform effort, including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the grant proposal; (D) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in STEM; and (E) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. (2) Review of applications In selecting grant recipients under this section, the Director of the National Science Foundation shall consider, at a minimum— (A) the likelihood of success of the proposed reform effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units; (B) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on faculty engagement in the retention of students from underrepresented minority groups; (C) the likelihood that the institution will sustain or expand the proposed reform effort beyond the period of the grant; and (D) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. (3) Priority For applications that include an expansion of existing reforms beyond a single academic unit, the Director of the National Science Foundation shall give priority to applications for which a senior institutional administrator, such as a dean or other administrator of equal or higher rank, serves as the principal investigator. (4) Grant distribution The Director of the National Science Foundation shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education, including two-year and minority-serving institutions of higher education. (e) Education research (1) In general All grants made under this section shall include an education research component that will support the design and implementation of a system for data collection and evaluation of proposed reform efforts in order to build the knowledge base on promising models for increasing recruitment and retention of students from underrepresented minority groups in STEM education at the undergraduate level across a diverse set of institutions. (2) Dissemination The Director of the National Science Foundation shall coordinate with relevant Federal agencies in disseminating the results of the research under this subsection to ensure that best practices in broadening participation in STEM education at the undergraduate level are made readily available to all institutions of higher education, other Federal agencies that support STEM programs, non-Federal funders of STEM education, and the general public. (f) Authorization of appropriations There are authorized to be appropriated to the Director of the National Science Foundation $15,000,000 in each of fiscal years 2014 through 2018 to carry out this section. 12. Definitions In this Act: (1) Director The term Director means the Director of the Office of Science and Technology Policy ( OSTP ). (2) Federal laboratory The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 ). (3) Federal science agency The term Federal science agency means any Federal agency with at least $100 million in research and development expenditures in fiscal year 2012. (4) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) STEM The term STEM means the academic and professional disciplines of science, technology, engineering, and mathematics.

https://www.govinfo.gov/content/pkg/BILLS-113hr1358ih/xml/BILLS-113hr1358ih.xml

113-hr-1359

I 113th CONGRESS 1st Session H. R. 1359 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Armed Services A BILL To require the Secretary of Defense to determine and disclose the cost of any transportation provided by the Secretary to Members, officers, or employees of the House of Representatives or Senate who are carrying out official duties outside the United States, and for other purposes. 1. Short title This Act may be cited as the Congressional Foreign Travel Cost Disclosure Act . 2. Determination and Disclosure of Transportation Costs Incurred by Secretary of Defense for congressional trips outside the United States (a) Determination and Disclosure of Costs by Secretary In the case of a trip taken by a Member, officer, or employee of the House of Representatives or Senate in carrying out official duties outside the United States for which the Department of Defense provides transportation, the Secretary of Defense shall— (1) determine the cost of the transportation provided with respect to the Member, officer, or employee; (2) not later than 10 days after completion of the trip involved, provide a written statement of the cost— (A) to the Member, officer, or employee involved, and (B) to the Committee on Armed Services of the House of Representatives (in the case of a trip taken by a Member, officer, or employee of the House) or the Committee on Armed Services of the Senate (in the case of a trip taken by a Member, officer, or employee of the Senate); and (3) upon providing a written statement under paragraph (2), make the statement available for viewing on the Secretary’s official public website until the expiration of the 4-year period which begins on the final day of the trip involved. (b) Exceptions This section does not apply with respect to any trip the sole purpose of which is to visit one or more United States military installations or to visit United States military personnel in a war zone (or both). (c) Definitions In this section: (1) Member The term Member , with respect to the House of Representatives, includes a Delegate or Resident Commissioner to the Congress. (2) United States The term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. 3. Effective Date Section 2 shall apply with respect to trips taken on or after the date of the enactment of this Act, except that section 2 does not apply with respect to any trip which began prior to such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr1359ih/xml/BILLS-113hr1359ih.xml

113-hr-1360

I 113th CONGRESS 1st Session H. R. 1360 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide for forgiveness of certain overpayments of retired pay paid to deceased retired members of the Armed Forces following their death. 1. Short title This Act may be cited as the Military Retiree Survivor Comfort Act . 2. Forgiveness of certain overpayments of retired pay paid for periods after death of retired members (a) Forgiveness When Payments Deposited to Joint Accounts Section 2771 of title 10, United States Code, is amended by adding at the end the following new subsection: (e) The United States shall forgive any overpayment of retired or retainer pay arising from payment of such retired or retainer pay for any period after the date of the death of the recipient through the last day of the month in which such death occurs if such payment is electronically deposited in an accredited financial institution to a joint account bearing the name of the decedent and another individual who is the decedent’s designated beneficiary under subsection (a)(1). . (b) Coordination With Survivor Benefit Plan Section 1450 of title 10, United States Code, is amended— (1) in subsection (a), by inserting or that applies under subsection (n) after under subsection (j) ; and (2) by adding at the end the following new subsection: (n) Special Effective Date Rule When Final Retired Pay Overpayment Is Forgiven (1) Annuity effective on first day of month after death In a case covered by paragraph (2), an annuity payable to a surviving spouse shall be effective on the first day of the first month beginning after the death of the person to whom section 1448 of this title applies, rather than on the date otherwise applicable under subsection (a). (2) Covered cases Paragraph (1) applies in a case in which— (A) there is an overpayment of retired pay of a person to whom section 1448 of this title applies that is forgiven pursuant to section 2771(e) of this title; and (B) the person who is the designated beneficiary of such person under section 2771(a)(1) of this title is the surviving spouse of such person. . (c) Effective Date Subsection (e) of section 2771 of title 10, United States Code, as added by subsection (a), shall apply with respect to payments made to persons dying on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1360ih/xml/BILLS-113hr1360ih.xml

113-hr-1361

I 113th CONGRESS 1st Session H. R. 1361 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Kind introduced the following bill; which was referred to the Committee on Armed Services A BILL To terminate or retire certain aircraft and ship programs of the Department of Defense, and for other purposes. 1. Short title This Act may be cited as the Inefficient Defense Elimination Act of 2013 . 2. Termination or retirement of aircraft and ship programs (a) C–27J aircraft (1) Prohibition on procurement Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to procure C–27J aircraft. (2) Treatment of current aircraft Notwithstanding any other provision of law, with respect to each C–27J aircraft being maintained by the Secretary of Defense that was procured on or before the date of the enactment of this Act, the Secretary shall— (A) make the aircraft available for sale to another department or agency of the Federal Government or the government of an ally of the United States; or (B) if the Secretary determines that the sale of an aircraft under subparagraph (A) is not appropriate, retire or dispose of the aircraft in a manner the Secretary determines appropriate. (b) Global Hawk aircraft (1) Prohibition on procurement Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to procure RQ–4 Block 30 Global Hawk unmanned aircraft systems. (2) Treatment of current aircraft Notwithstanding section 154(b) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ) or any other provision of law, with respect to each RQ–4 Block 30 Global Hawk unmanned aircraft system being maintained by the Secretary of Defense that was procured on or before the date of the enactment of this Act, the Secretary shall— (A) make the aircraft available for sale to another department or agency of the Federal Government or the government of an ally of the United States; or (B) if the Secretary determines that the sale of an aircraft under subparagraph (A) is not appropriate, retire or dispose of the aircraft in a manner the Secretary determines appropriate. (c) Aegis guided missile cruisers Notwithstanding any other provision of law, the Secretary of Defense shall— (1) retire four Aegis guided missile cruisers during fiscal year 2014; and (2) retire three Aegis guided missile cruisers during fiscal year 2015. (d) Amphibious landing ships Notwithstanding any other provision of law, the Secretary of Defense shall retire two amphibious landing ships during fiscal year 2014. 3. Report on military presence in Europe (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) a report analyzing the necessity of stationing members of the Armed Forces in Europe, including an evaluation of property owned by the Federal Government in Europe that could be sold if such stationing was reduced or terminated. (b) Matters included The report under subsection (a) shall consider the following: (1) Benefits to the United States from having the Armed Forces present in Europe that would not be achievable elsewhere. (2) Direct military threats to the United States that require such a presence and whether such threats could be countered with a smaller presence. (3) The ability of European allies to address threats without such presence. (4) Ways in which a withdrawal or reduction of members of the Armed Forces stationed in Europe will affect the sustainability of military operations abroad. (5) Ways in which such a withdrawal or reduction will affect the ability of the United States to implement a broader national security strategy. (6) Any formal treaty obligations or bilateral agreements that require the Armed Forces of the United States to be present in Europe. (7) Effectiveness of current force levels in Europe in achieving national security objectives. (8) Unique benefits of sustaining each base location in Europe and ways in which reduction of such bases would affect the ability of the United States to sustain military operations abroad.

https://www.govinfo.gov/content/pkg/BILLS-113hr1361ih/xml/BILLS-113hr1361ih.xml

113-hr-1362

I 113th CONGRESS 1st Session H. R. 1362 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. King of New York (for himself, Mr. Bishop of Georgia , Mr. Capuano , Ms. Clarke , Mr. Cummings , Mr. Honda , Mr. Meeks , Mr. Moran , Mr. Pocan , Mr. Sarbanes , and Mr. Sires ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the definition of a law enforcement officer under subchapter III of chapter 83 and chapter 84 of title 5, United States Code, respectively, to ensure the inclusion of certain positions. 1. Short title This Act may be cited as the Law Enforcement Officers Equity Act . 2. Amendments (a) Federal Employees Retirement System (1) In general Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking and at the end of subparagraph (C), and by adding at the end the following: (E) an employee (not otherwise covered by this paragraph)— (i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and (ii) who is authorized to carry a firearm; and (F) an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns; . (2) Conforming amendment Section 8401(17)(C) of title 5, United States Code, is amended by striking subparagraph (A) and (B) and inserting subparagraphs (A), (B), (E), and (F) . (b) Civil Service Retirement System Paragraph (20) of section 8331 of title 5, United States Code, is amended by inserting after position. (in the matter before subparagraph (A)) the following: For the purpose of this paragraph, the employees described in the preceding provision of this paragraph (in the matter before including ) shall be considered to include an employee, not otherwise covered by this paragraph, who satisfies clauses (i)–(ii) of section 8401(17)(E) and an employee of the Internal Revenue Service the duties of whose position are as described in section 8401(17)(F). . (c) Effective date Except as provided in section 3, the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply only in the case of any individual first appointed as a law enforcement officer (within the meaning of those amendments) on or after such date. 3. Treatment of service performed by incumbents (a) Law enforcement officer and service described (1) Law enforcement officer Any reference to a law enforcement officer described in this subsection refers to an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code (relating to the definition of a law enforcement officer) by virtue of the amendments made by section 2. (2) Service Any reference to service described in this subsection refers to service performed as a law enforcement officer (as described in this subsection). (b) Incumbent defined For purposes of this section, the term incumbent means an individual who— (1) is first appointed as a law enforcement officer (as described in subsection (a)) before the date of the enactment of this Act; and (2) is serving as such a law enforcement officer on such date. (c) Treatment of service performed by incumbents (1) In general Service described in subsection (a) which is performed by an incumbent on or after the date of the enactment of this Act shall, for all purposes (other than those to which paragraph (2) pertains), be treated as service performed as a law enforcement officer (within the meaning of section 8331(20) or 8401(17) of title 5, United States Code, as appropriate). (2) Retirement Service described in subsection (a) which is performed by an incumbent before, on, or after the date of the enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer (within the meaning of such section 8331(20) or 8401(17), as appropriate), but only if an appropriate written election is submitted to the Office of Personnel Management within 5 years after the date of the enactment of this Act or before separation from Government service, whichever is earlier. (d) Individual contributions for prior service (1) In general An individual who makes an election under subsection (c)(2) may, with respect to prior service performed by such individual, contribute to the Civil Service Retirement and Disability Fund the difference between the unrefunded individual contributions made for such service and the individual contributions that should have been made for such service if the amendments made by section 2 had then been in effect. (2) Effect of not contributing If no part of or less than the full amount required under paragraph (1) is paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid. (3) Prior service defined For purposes of this section, the term prior service means, with respect to any individual who makes an election under subsection (c)(2), service (described in subsection (a)) performed by such individual before the date as of which appropriate retirement deductions begin to be made in accordance with such election. (e) Government contributions for prior service (1) In general If an incumbent makes an election under subsection (c)(2), the agency in or under which that individual was serving at the time of any prior service (referred to in subsection (d)) shall remit to the Office of Personnel Management, for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, the amount required under paragraph (2) with respect to such service. (2) Amount required The amount an agency is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (above those actually paid) that would have been required if the amendments made by section 2 had then been in effect. (3) Contributions to be made ratably Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in subsection (d)(3). (f) Exemption from mandatory separation Nothing in section 8335(b) or 8425(b) of title 5, United States Code, shall cause the involuntary separation of a law enforcement officer (as described in subsection (a)) before the end of the 3-year period beginning on the date of the enactment of this Act. (g) Regulations The Office of Personnel Management shall prescribe regulations to carry out this Act, including— (1) provisions in accordance with which interest on any amount under subsection (d) or (e) shall be computed, based on section 8334(e) of title 5, United States Code; and (2) provisions for the application of this section in the case of— (A) any individual who— (i) satisfies paragraph (1) (but not paragraph (2)) of subsection (b); and (ii) serves as a law enforcement officer (as described in subsection (a)) after the date of the enactment of this Act; and (B) any individual entitled to a survivor annuity (based on the service of an incumbent, or of an individual under subparagraph (A), who dies before making an election under subsection (c)(2)), to the extent of any rights that would then be available to the decedent (if still living). (h) Rule of construction Nothing in this section shall be considered to apply in the case of a reemployed annuitant.

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113-hr-1363

I 113th CONGRESS 1st Session H. R. 1363 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Labrador introduced the following bill; which was referred to the Committee on Natural Resources A BILL To promote timely exploration for geothermal resources under existing geothermal leases, and for other purposes. 1. Short title This Act may be cited as the Exploring for Geothermal Energy on Federal Lands Act . 2. Geothermal exploration notice and exclusion (a) Definition of geothermal exploration test project In this section the term geothermal exploration test project means the drilling of a well to test or explore for geothermal resources on lands leased by the Department of the Interior for the development and production of geothermal resources, that— (1) is carried out by the holder of the lease; (2) causes— (A) less than 5 acres of soil or vegetation disruption at the location of each geothermal exploration well; and (B) not more than an additional 5 acres of soil or vegetation disruption during access or egress to the test site; (3) is developed— (A) no deeper than 2,500 feet; (B) less than 8 inches in diameter; (C) in a manner that does not require off-road motorized access other than to and from the well site along an identified off-road route for which notice is provided to the Secretary of the Interior under subsection (c); (D) without construction of new roads other than upgrading of existing drainage crossings for safety purposes; and (E) with the use of rubber-tired digging or drilling equipment vehicles; (4) is completed in less than 45 days, including the removal of any surface infrastructure from the site; and (5) requires the restoration of the project site within 3 years to approximately the condition that existed at the time the project began, unless the site is subsequently used as part of energy development on the lease. (b) NEPA exclusion 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 a project that the Secretary of the Interior determines under subsection (c) is a geothermal exploration test project. (c) Notice of intent; review and determination (1) Requirement to provide notice A leaseholder intending to carry out a geothermal exploration test project shall provide notice to the Secretary of the Interior not later than 30 days prior to the start of drilling under the project. (2) Review of project The Secretary shall by not later than 10 days after receipt of a notice of intent under paragraph (1) from a leaseholder— (A) review the project described in the notice and determine whether it is a geothermal exploration test project under subsection (a); and (B) notify the leaseholder— (i) that under subsection (b) of this section, section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) does not apply to the project; or (ii) that section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) applies to the project, including clear and detailed findings on any deficiencies in the project that preclude the application of subsection (b) of this section to the project. (3) Opportunity to remedy If the Secretary provides notice under paragraph (2)(B)(ii) that section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) applies to the project, the Secretary shall provide the leaseholder an opportunity to remedy the deficiencies described in the notice prior to the date the leaseholder intended to start drilling under the project.

https://www.govinfo.gov/content/pkg/BILLS-113hr1363ih/xml/BILLS-113hr1363ih.xml

113-hr-1364

I 113th CONGRESS 1st Session H. R. 1364 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Energy and Commerce and Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to encourage alternative energy investments and job creation, and for other purposes. 1. Short title, etc (a) Short title This Act may be cited as the New Alternative Transportation to Give Americans Solutions Act of 2013 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title, etc. Title I—Promote the Purchase and Use of NGVs With an Emphasis on Heavy-Duty Vehicles and Fleet Vehicles Sec. 101. Modification of alternative fuel credit. Sec. 102. Extension and modification of new qualified alternative fuel motor vehicle credit. Sec. 103. Allowance of vehicle and infrastructure credits against regular and minimum tax and transferability of credits. Sec. 104. Modification of credit for purchase of vehicles fueled by compressed natural gas or liquefied natural gas. Sec. 105. Modification of definition of new qualified alternative fuel motor vehicle. Sec. 106. Providing for the treatment of property purchased by Indian tribal governments. Title II—Promote production of NGVs by Original Equipment Manufacturers Sec. 201. Credit for producing vehicles fueled by natural gas or liquified natural gas. Sec. 202. Amendment to section 136 of the Energy Security and Independence Act of 2007. Title III—Incentivize the Installation of Natural Gas Fuel Pumps Sec. 301. Extension and modification of alternative fuel vehicle refueling property credit. Sec. 302. Increase in credit for certain alternative fuel vehicle refueling properties. Title IV—Natural Gas Vehicles Sec. 401. Grants for natural gas vehicles research and development. Sec. 402. Sense of the Congress regarding EPA certification of NGV retrofit kits. Sec. 403. Sense of the Congress regarding EPA and NHTSA regulation of medium- and heavy-duty engines and vehicles. Sec. 404. Amendment to section 508 of the Energy Policy Act of 1992. I Promote the Purchase and Use of NGVs With an Emphasis on Heavy-Duty Vehicles and Fleet Vehicles 101. Modification of alternative fuel credit (a) Alternative fuel credit Paragraph (5) of section 6426(d) (relating to alternative fuel credit) is amended by inserting , and December 31, 2018, in the case of any sale or use involving compressed or liquefied natural gas after hydrogen . (b) Alternative fuel mixture credit Paragraph (3) of section 6426(e) is amended by inserting , and December 31, 2018, in the case of any sale or use involving compressed or liquefied natural gas after hydrogen . (c) Payments relating to alternative fuel or alternative fuel mixtures Paragraph (6) of section 6427(e) is amended— (1) in subparagraph (C)— (A) by striking subparagraph (D) and inserting subparagraphs (D) and (E) , and (B) by striking and at the end thereof, (2) by striking the period at the end of subparagraph (D) and inserting , and , and (3) by inserting at the end the following: (E) any alternative fuel or alternative fuel mixture (as so defined) involving compressed or liquefied natural gas sold or used after December 31, 2018. . (d) Payments Relating to Indian Tribes Subparagraph (1) of section 6427(k)(1) is amended by inserting striking or at the end and inserting an Indian Tribal Government, or . (e) Effective date The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. 102. Extension and modification of new qualified alternative fuel motor vehicle credit (a) In general Paragraph (4) of section 30B(k) (relating to termination) is amended by inserting (December 31, 2018, in the case of a vehicle powered by compressed or liquefied natural gas) before the period at the end. (b) Effective date The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. 103. Allowance of vehicle and infrastructure credits against regular and minimum tax and transferability of credits (a) Business credits Subparagraph (B) of section 38(c)(4) is amended by striking and at the end of clause (viii), by striking the period at the end of clause (ix) and inserting a comma, and by inserting after clause (ix) the following new clauses: (x) the portion of the credit determined under section 30B which is attributable to the application of subsection (e)(3) thereof with respect to new qualified alternative fuel motor vehicles which are capable of being powered by compressed or liquefied natural gas, and (xi) the portion of the credit determined under section 30C which is attributable to the application of subsection (b) thereof with respect to refueling property which is used to store and or dispense compressed or liquefied natural gas. . (b) Personal credits (1) New qualified alternative fuel motor vehicles Subsection (g) of section 30B is amended by adding at the end the following new paragraph: (3) Special rule relating to certain new qualified alternative fuel motor vehicles In the case of the portion of the credit determined under subsection (a) which is attributable to the application of subsection (e)(3) with respect to new qualified alternative fuel motor vehicles which are capable of being powered by compressed or liquefied natural gas— (A) paragraph (2) shall (after the application of paragraph (1)) be applied separately with respect to such portion, and (B) in lieu of the limitation determined under paragraph (2), such limitation shall not exceed the excess (if any) of— (i) the sum of the regular tax liability (as defined in section 26(b)) plus the tentative minimum tax for the taxable year, reduced by (ii) the sum of the credits allowable under subpart A and sections 27 and 30. . (2) Alternative fuel vehicle refueling properties Subsection (d) of section 30C is amended by adding at the end the following new paragraph: (3) Special rule relating to certain alternative fuel vehicle refueling properties In the case of the portion of the credit determined under subsection (a) with respect to refueling property which is used to store and or dispense compressed or liquefied natural gas and which is attributable to the application of subsection (b)— (A) paragraph (2) shall (after the application of paragraph (1)) be applied separately with respect to such portion, and (B) in lieu of the limitation determined under paragraph (2), such limitation shall not exceed the excess (if any) of— (i) the sum of the regular tax liability (as defined in section 26(b)) plus the tentative minimum tax for the taxable year, reduced by (ii) the sum of the credits allowable under subpart A and sections 27, 30, and the portion of the credit determined under section 30B which is attributable to the application of subsection (e)(3) thereof. . (c) Credits may be transferred (1) Vehicle credits Subsection (h) of section 30B is amended by adding at the end the following new paragraph: (11) Transferability of credit (A) In general Except as provided in subparagraph (B), a taxpayer who places in service any new qualified alternative fuel motor vehicle which is capable of being powered by compressed or liquefied natural gas may transfer the credit allowed under this section by reason of subsection (e) with respect to such vehicle through an assignment to the manufacturer, seller or lessee of such vehicle. Such transfer may be revoked only with the consent of the Secretary. (B) Denial of double benefit No assignment of a credit allowed under this section by reason of subsection (e) with respect to any new qualified alternative fuel motor vehicle which is capable of being powered by compressed or liquefied natural gas may be made under subparagraph (A) to a taxpayer who has claimed a credit under section 54G with respect to the financing of such vehicle. (C) Regulations The Secretary shall prescribe such regulations as necessary to ensure that any credit transferred under subparagraph (A) is claimed once and not reassigned by such other person. . (2) Infrastructure credit Subsection (e) of section 30C is amended by adding at the end the following new paragraph: (7) Transferability of credit (A) In general Except as provided in subparagraph (B), a taxpayer who places in service any qualified alternative fuel vehicle refueling property relating to compressed or liquefied natural gas may transfer the credit allowed under this section with respect to such property through an assignment to the manufacturer, seller or lessee of such property. Such transfer may be revoked only with the consent of the Secretary. (B) Denial of double benefit No assignment of a credit allowed under this section by reason of subsection (e) with respect to any qualified alternative fuel vehicle refueling property relating to compressed or liquefied natural gas may be made under subparagraph (A) to a taxpayer who has claimed a credit under section 54G with respect to the financing of such property. (C) Regulations The Secretary shall prescribe such regulations as necessary to ensure that any credit transferred under subparagraph (A) is claimed once and not reassigned by such other person. . (d) Effective date The amendments made by this section shall apply with respect to property placed in service after the date of the enactment of this Act. 104. Modification of credit for purchase of vehicles fueled by compressed natural gas or liquefied natural gas (a) Increase in credit Paragraph (2) of section 30B(e) (relating to applicable percentage) is amended to read as follows: (2) Applicable percentage For purposes of paragraph (1), the applicable percentage with respect to any new qualified alternative fuel motor vehicle is— (A) except as provided in subparagraphs (B) and (C)— (i) 50 percent, plus (ii) 30 percent, if such vehicle— (I) has received a certificate of conformity under the Clean Air Act and meets or exceeds the most stringent standard available for certification under the Clean Air Act for that make and model year vehicle (other than a zero emission standard), or (II) has received an order certifying the vehicle as meeting the same requirements as vehicles which may be sold or leased in California and meets or exceeds the most stringent standard available for certification under the State laws of California (enacted in accordance with a waiver granted under section 209(b) of the Clean Air Act) for that make and model year vehicle (other than a zero emission standard), (B) 80 percent, in the case of dedicated vehicles that are only capable of operating on compressed or liquefied natural gas, dual-fuel vehicles that are only capable of operating on a mixture of no less than 90 percent compressed or liquefied natural gas, and a bi-fuel vehicle that is capable of operating a minimum of 85 percent of its total range on compressed or liquefied natural gas, and (C) 50 percent, in the case of vehicles described subclause (II) or (III) of subsection (e)(4)(A)(i) and which are not otherwise described in subparagraph (B). For purposes of the preceding sentence, in the case of any new qualified alternative fuel motor vehicle which weighs more than 14,000 pounds gross vehicle weight rating, the most stringent standard available shall be such standard available for certification on the date of the enactment of the Energy Tax Incentives Act of 2005. . (b) Increased incentive for natural gas vehicles Subsection (e) of section 30B (relating to new qualified alternative fuel motor vehicle credit) is amended by adding at the end the following new paragraph: (6) Credit values for natural gas vehicles In the case of new qualified alternative fuel motor vehicles with respect to vehicles powered by compressed or liquefied natural gas, the maximum tax credit value shall be— (A) $7,500 if such vehicle has a gross vehicle weight rating of not more than 8,500 pounds, (B) $16,000 if such vehicle has a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, (C) $40,000 if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and (D) $64,000 if such vehicle has a gross vehicle weight rating of more than 26,000 pounds. . (c) Effective date The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act. 105. Modification of definition of new qualified alternative fuel motor vehicle (a) In general Clause (i) of section 30B(e)(4)(A) (relating to definition of new qualified alternative fuel motor vehicle) is amended to read as follows: (i) which— (I) is a dedicated vehicle that is only capable of operating on an alternative fuel, (II) is a bi-fuel vehicle that is capable of operating on compressed or liquefied natural gas and gasoline or diesel fuel, or (III) is a duel-fuel vehicle that is capable of operating on a mixture of compressed or liquefied natural gas and gasoline or diesel fuel. . (b) Conversions and repowers Paragraph (4) of section 30B(e) is amended by adding at the end the following new subparagraph: (C) Conversions and repowers (i) In general The term new qualified alternative fuel motor vehicle includes the conversion or repower of a new or used vehicle so that it is capable of operating on an alternative fuel as it was not previously capable of operating on an alternative fuel. (ii) Treatment as new A vehicle which has been converted to operate on an alternative fuel shall be treated as new on the date of such conversion for purposes of this section. (iii) Rule of construction In the case of a used vehicle which is converted or repowered, nothing in this section shall be construed to require that the motor vehicle be acquired in the year the credit is claimed under this section with respect to such vehicle. . (c) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 106. Providing for the treatment of property purchased by Indian tribal governments (a) In general Paragraph (6) of section 30B(h) and paragraph (2) of section 30C(e) are both amended by inserting , or whose use is by an Indian Tribal Government, after section 50(b) . (b) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. II Promote production of NGVs by Original Equipment Manufacturers 201. Credit for producing vehicles fueled by natural gas or liquified natural gas (a) In general Subpart D of part IV of subchapter A of chapter 1 (relating to business-related credits) is amended by inserting after section 45R the following new section: 45S. Production of vehicles fueled by natural gas or liquified natural gas (a) In general For purposes of section 38, in the case of a taxpayer who is an original manufacturer of natural gas vehicles, the natural gas vehicle credit determined under this section for any taxable year with respect to each eligible natural gas vehicle produced by the taxpayer during such year is an amount equal to the lesser of— (1) 10 percent of the manufacturer’s basis in such vehicle, or (2) $4,000. (b) Aggregate credit allowed The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for any taxable year shall not exceed $200,000,000 reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for all prior taxable years. (c) Definitions For the purposes of this section— (1) Eligible natural gas vehicle The term eligible natural gas vehicle means a motor vehicle (as defined in section 30B(h)(1)) that is capable of operating on natural gas and is described in 30B(e)(4)(A). (2) Manufacturer The term manufacturer has the meaning given such term in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ). (d) Special rules For purposes of this section— (1) In general Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. (2) Controlled groups (A) In general 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 producer. (B) Inclusion of foreign corporations For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. (C) Verification No amount shall be allowed as a credit under subsection (a) with respect to which the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary. (e) Termination This section shall not apply to any vehicle produced after December 31, 2018. . (b) Credit To be part of business credit Section 38(b) 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: (37) the natural gas vehicle credit determined under section 45R(a). . (c) Conforming amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 45R the following new item: Sec. 45S. Production of vehicles fueled by natural gas or liquefied natural gas. . (d) Effective date The amendments made by this section shall apply to vehicles produced after December 31, 2013. 202. Additional vehicles qualifying for the advanced technology vehicles manufacturing incentive program (a) In general Notwithstanding any other provision of law, a covered vehicle (as defined in subsection (b)) shall be considered an advanced technology vehicle for purposes of the advanced technology vehicle incentive program established under section 136 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17013 ), and manufacturers and component suppliers of such covered vehicles shall be eligible for an award under such section. (b) Definitions As used in this section— (1) the term covered vehicle means a light-duty vehicle or a medium-duty or heavy-duty truck or bus that is only capable of operating on compressed or liquefied natural gas, a bi-fueled motor vehicle that is capable of achieving a minimum of 85 percent of its total range with compressed or liquefied natural gas, or a dual-fuel vehicle that operates on a mixture of natural gas and gasoline or diesel fuel but is not capable of operating on a mixture of less than 75 percent natural gas; (2) the term bi-fuel vehicle means a vehicle that is capable of operating on compressed or liquefied natural gas and gasoline or diesel fuel; and (3) the term dual-fuel vehicle means a vehicle that is capable of operating on a mixture of compressed or liquefied natural gas and gasoline or diesel fuel. III Incentivize the Installation of Natural Gas Fuel Pumps 301. Extension and modification of alternative fuel vehicle refueling property credit (a) In general Subsection (g) of section 30C is amended by striking and at the end of paragraph (1), by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following new paragraph: (2) in the case of property relating to compressed or liquefied natural gas, after December 31, 2018, and . (b) Effective date The amendments made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. 302. Increase in credit for certain alternative fuel vehicle refueling properties (a) In general Subsection (b) of section 30C is amended to read as follows: (b) Limitation The credit allowed under subsection (a) with respect to all qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year at a location shall not exceed— (1) except as provided in paragraph (2), $30,000 in the case of a property of a character subject to an allowance for depreciation, (2) in the case of compressed natural gas property and liquefied natural gas property which is of a character subject to an allowance for depreciation, the lesser of— (A) 50 percent of such cost, or (B) $100,000, and (3) $2,000 in any other case. . (b) Effective date The amendment made by this section shall apply to property placed in service in taxable years beginning after December 31, 2013. IV Natural Gas Vehicles 401. Grants for natural gas vehicles research and development (a) Research, development and demonstration programs The Secretary shall provide funding to improve the performance and efficiency and integration of natural gas powered motor vehicles and heavy-duty on-road vehicles as part of any programs funded pursuant to section 911 of the Energy Policy Act of 2005 ( 42 U.S.C. 16191 ) and also with respect to funding for heavy-duty engines pursuant to section 754 of the Energy Policy Act of 2005 ( 42 U.S.C. 16102 ). (b) In general The Secretary of Energy may make grants to original equipment manufacturers of light-duty and heavy-duty natural gas vehicles for the development of engines that reduce emissions, improve performance and efficiency, and lower cost. 402. Sense of the Congress regarding EPA certification of NGV retrofit kits It is the sense of the Congress that the Environmental Protection Agency should streamline the process for certification of natural gas vehicle retrofit kits to promote energy security while still fulfilling the mission of the Clean Air Act. 403. Sense of the Congress regarding EPA and NHTSA regulation of medium- and heavy-duty engines and vehicles It is the sense of the Congress that the Environmental Protection Agency new fuel economy and greenhouse gas emission regulations for medium- and heavy-duty engines and vehicles should provide incentives to encourage and reward manufacturers who produce natural gas powered vehicles. Such regulations should take into account the petroleum reductions provided by such vehicles and also quantify all greenhouse gas emission reductions provided by natural gas powered engines and vehicles. 404. Amendment to section 508 of the Energy Policy Act of 1992 (a) Repower or converted alternative fueled vehicles defined Subsection (a) of section 508 of the Energy Policy Act of 1992 ( 42 U.S.C. 13258 ) is amended by adding at the end the following new paragraph: (6) Repowered or converted The term repowered or converted means modified with a certified engine or aftermarket system so that the vehicle is capable of operating on an alternative fuel. . (b) Allocation of credits Subsection (b) of section 508 of the Energy Policy Act of 1992 ( 42 U.S.C. 13258 ) is amended by adding at the end the following new paragraph: (3) Repowered or converted vehicles Not later than January 1, 2018, the Secretary shall allocate credits to fleets that repower or convert an existing vehicle so that it is capable of operating on an alternative fuel. In the case of any medium-duty or heavy-duty vehicle that is repowered or converted, the Secretary shall allocate additional credits for such vehicles if the Secretary determines that such vehicles displace more petroleum than light-duty alternative fueled vehicles. The Secretary shall include a requirement that such vehicles remain in the fleet for a period of no less than 2 years in order to continue to qualify for credit. The Secretary also shall extend the flexibility afforded in this section to Federal fleets subject to the purchase provisions contained in section 303 of this Act. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1364ih/xml/BILLS-113hr1364ih.xml

113-hr-1365

I 113th CONGRESS 1st Session H. R. 1365 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Lofgren (for herself, Mr. Conyers , Mr. Ellison , Mr. Polis , Ms. Schakowsky , Mr. Swalwell of California , and Mr. Welch ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Ways and Means and the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to reaffirm the United States historic commitment to protecting refugees who are fleeing persecution or torture. 1. Short title; table of contents (a) Short title This Act may be cited as the Refugee Protection Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Elimination of time limits on asylum applications. Sec. 4. Protecting victims of terrorism from being defined as terrorists. Sec. 5. Protecting certain vulnerable groups of asylum seekers. Sec. 6. Effective adjudication of proceedings. Sec. 7. Scope and standard for review. Sec. 8. Efficient asylum determination process. Sec. 9. Secure Alternatives Program. Sec. 10. Conditions of detention. Sec. 11. Timely notice of immigration charges. Sec. 12. Procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority. Sec. 13. Study on the effect of expedited removal provisions, practices, and procedures on asylum claims. Sec. 14. Refugee opportunity promotion. Sec. 15. Protections for minors seeking asylum. Sec. 16. Legal assistance for refugees and asylees. Sec. 17. Protection of stateless persons in the United States. Sec. 18. Authority to designate certain groups of refugees for consideration. Sec. 19. Multiple forms of relief. Sec. 20. Protection of refugee families. Sec. 21. Reform of refugee consultation process. Sec. 22. Admission of refugees in the absence of the annual Presidential determination. Sec. 23. Update of reception and placement grants. Sec. 24. Protection for aliens interdicted at sea. Sec. 25. Modification of physical presence requirements for aliens serving as translators. Sec. 26. Assessment of the Refugee Domestic Resettlement Program. Sec. 27. Refugee assistance. Sec. 28. Resettlement data. Sec. 29. Protections for refugees. Sec. 30. Extension of eligibility period for Social Security benefits for certain refugees. Sec. 31. Authorization of appropriations. Sec. 32. Determination of budgetary effects. 2. Definitions In this Act: (1) Asylum seeker The term asylum seeker — (A) means— (i) any applicant for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ); (ii) any alien who indicates an intention to apply for asylum under that section; and (iii) any alien who indicates an intention to apply for withholding of removal, pursuant to— (I) section 241 of the Immigration and Nationality Act ( 8 U.S.C. 1231 ); or (II) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984; (B) includes any individual described in subparagraph (A) whose application for asylum or withholding of removal is pending judicial review; and (C) does not include an individual with respect to whom a final order denying asylum and withholding of removal has been entered if such order is not pending judicial review. (2) Secretary The term Secretary means the Secretary of Homeland Security. 3. Elimination of time limits on asylum applications Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— (1) in subparagraph (A), by inserting or the Secretary of Homeland Security after Attorney General each place such term appears; (2) by striking subparagraphs (B) and (D); (3) by redesignating subparagraph (C) as subparagraph (B); (4) in subparagraph (B), as redesignated, by striking subparagraph (D) and inserting subparagraphs (C) and (D) ; and (5) by inserting after subparagraph (B), as redesignated, the following: (C) Changed circumstances Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General, the existence of changed circumstances that materially affect the applicant’s eligibility for asylum. (D) Motion to reopen asylum claim Notwithstanding subparagraph (B) or section 240(c)(7), an alien may file a motion to reopen an asylum claim during the 2-year period beginning on the date of the enactment of the Refugee Protection Act of 2013 if the alien— (i) was denied asylum based solely upon a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed; (ii) was granted withholding of removal to the alien’s country of nationality (or, if stateless, to the country of last habitual residence under section 241(b)(3)); (iii) has not obtained lawful permanent residence in the United States pursuant to any other provision of law; (iv) is not subject to the safe third country exception in section 208(a)(2)(A) or a bar to asylum under section 208(b)(2) and should not be denied asylum as a matter of discretion; and (v) is physically present in the United States when the motion is filed. . 4. Protecting victims of terrorism from being defined as terrorists (a) Terrorist activities Section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ) is amended to read as follows: (B) Terrorist activities (i) In general Except as provided in clause (ii) and subsection (d)(3)(B)(i), an alien is inadmissible if— (I) the alien has engaged in a terrorist activity; (II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, that the alien is engaged, or is likely to engage after entry, in any terrorist activity; (III) the alien has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity; (IV) the alien is a representative of— (aa) a terrorist organization; or (bb) a political, social, or other group that endorses or espouses terrorist activity; (V) the alien is a member of a terrorist organization; (VI) the alien endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization; (VII) the alien has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from, or on behalf of, any organization that, at the time the training was received, was a terrorist organization; or (VIII) the alien is an officer, official, representative, or spokesman of the Palestine Liberation Organization. (ii) Exceptions (I) Lack of knowledge Clause (i)(V) shall not apply to an alien who is a member of a terrorist organization described in clause (iii)(V)(cc) if the alien demonstrates by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization. (II) Duress Clause (i)(VII) and items (dd) through (ff) of clause (iii)(I) shall not apply to an alien who establishes that his or her actions giving rise to inadmissibility under such clause were committed under duress and the alien does not pose a threat to the security of the United States. In determining whether the alien was subject to duress, the Secretary of Homeland Security may consider, among relevant factors, the age of the alien at the time such actions were committed. (iii) Definitions In this section: (I) Engage in terrorist activity The term engage in terrorist activity means, in an individual capacity or as a member of an organization— (aa) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; (bb) to prepare or plan a terrorist activity; (cc) to gather information on potential targets for terrorist activity; (dd) to solicit funds or other things of value for— (AA) a terrorist activity; (BB) a terrorist organization described in item (aa) or (bb) of clause (iii)(V); or (CC) a terrorist organization described in clause (iii)(V)(cc), unless the solicitor can demonstrate by clear and convincing evidence that he or she did not know, and should not reasonably have known, that the organization was a terrorist organization; (ee) to solicit any individual— (AA) to engage in conduct otherwise described in this subsection; (BB) for membership in a terrorist organization described in item (aa) or (bb) of clause (iii)(V); or (CC) for membership in a terrorist organization described in clause (iii)(V)(cc) unless the solicitor can demonstrate by clear and convincing evidence that he or she did not know, and should not reasonably have known, that the organization was a terrorist organization; or (ff) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training— (AA) for the commission of a terrorist activity; (BB) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity; (CC) to a terrorist organization described in item (aa) or (bb) of clause (iii)(V) or to any member of such an organization; or (DD) to a terrorist organization described in clause (iii)(V)(cc), or to any member of such an organization, unless the actor can demonstrate by clear and convincing evidence that he or she did not know, and should not reasonably have known, that the organization was a terrorist organization. (II) Material support The term material support means support that is significant and of a kind directly relevant to terrorist activity. (III) Representative The term representative includes— (aa) an officer, official, or spokesman of an organization; and (bb) any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity. (IV) Terrorist activity The term terrorist activity means any activity which is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State) and which involves— (aa) the highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle); (bb) the seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained; (cc) a violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such a person; (dd) an assassination; (ee) the use, with the intent to endanger the safety of 1 or more individuals or to cause substantial damage to property, of any— (AA) biological agent, chemical agent, or nuclear weapon or device; or (BB) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain); or (ff) a threat, attempt, or conspiracy to carry out any of the activities described in items (aa) through (ee). (V) Terrorist organization The term terrorist organization means an organization— (aa) designated under section 219; (bb) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in items (aa) through (ff) of subclause (I); or (cc) that is a group of 2 or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in items (aa) through (ff) of subclause (I). . (b) Child soldiers (1) Inadmissibility Section 212(a)(3)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(G) ) is amended by adding at the end the following: This subparagraph shall not apply to an alien who establishes that the actions giving rise to inadmissibility under this subparagraph were committed under duress or carried out while the alien was younger than 18 years of age. . (2) Deportability Section 237(a)(4)(F) of such Act ( 8 U.S.C. 1227(a)(4)(F) ) is amended— (A) by redesignating subparagraph (F) as subparagraph (G); (B) by redesignating subparagraph (E) (as added by section 5502(b)), as subparagraph (F); and (C) in subparagraph (G), as redesignated, by adding at the end the following: This subparagraph shall not apply to an alien who establishes that the actions giving rise to deportability under this subparagraph were committed under duress or carried out while the alien was younger than 18 years of age. . (c) Temporary admission of nonimmigrants Section 212(d)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(3)(B)(i) ) is amended to read as follows: (B) (i) The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may conclude, in such Secretary's sole, unreviewable discretion, that subsection (a)(3)(B) shall not apply to an alien or that subsection (a)(3)(B)(iii)(V)(cc) shall not apply to a group. The Secretary of State may not exercise discretion under this clause with respect to an alien after removal proceedings against the alien have commenced under section 240. . 5. Protecting certain vulnerable groups of asylum seekers (a) Defined term Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)) is amended to read as follows: (42) (A) The term refugee means any person who— (i) (I) is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided; and (II) is unable to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution, or a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion; or (ii) in such circumstances as the President may specify, after appropriate consultation (as defined in section 207(e))— (I) is within the country of such person’s nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing; and (II) is persecuted, or who has a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion. (B) The term refugee does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (C) For purposes of determinations under this Act— (i) a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion; and (ii) a person who has a well-founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well-founded fear of persecution on account of political opinion. (D) For purposes of determinations under this Act, any group whose members share a characteristic that is either immutable or fundamental to identity, conscience, or the exercise of the person’s human rights such that the person should not be required to change it, shall be deemed a particular social group, without any additional requirement. . (b) Conditions for granting asylum Section 208(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B) ) is amended— (1) in clause (i), by striking at least one central reason for persecuting the applicant and inserting a factor in the applicant’s persecution or fear of persecution ; (2) in clause (ii), by striking the last sentence and inserting the following: If the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, the trier of fact shall provide notice and allow the applicant a reasonable opportunity to file such evidence unless the applicant does not have the evidence and cannot reasonably obtain the evidence. ; (3) by redesignating clause (iii) as clause (iv); (4) by inserting after clause (ii) the following: (iii) Supporting evidence accepted Direct or circumstantial evidence, including evidence that the State is unable to protect the applicant or that State legal or social norms tolerate such persecution against persons like the applicant, may establish that persecution is on account of race, religion, nationality, membership in a particular social group, or political opinion. ; and (5) in clause (iv), as redesignated, by striking , without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. and inserting . If the trier of fact determines that there are inconsistencies or omissions, the alien shall be given an opportunity to explain and to provide support or evidence to clarify such inconsistencies or omissions. . (c) Removal proceedings Section 240(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4) ) is amended— (1) in subparagraph (B), by striking the last sentence and inserting the following: If the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, the trier of fact shall provide notice and allow the applicant a reasonable opportunity to file such evidence unless the applicant does not have the evidence and cannot reasonably obtain the evidence. ; and (2) in subparagraph (C), by striking , without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. and inserting . If the trier of fact determines that there are inconsistencies or omissions, the alien shall be given an opportunity to explain and to provide support or evidence to clarify such inconsistencies or omissions. . 6. Effective adjudication of proceedings Section 240(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(4) ) is amended— (1) in the matter preceding subparagraph (A), by striking In proceedings under this section, under regulations of the Attorney General and inserting The Attorney General shall promulgate regulations for proceedings under this section, under which— ; (2) in subparagraph (B), by striking , and at the end and inserting a semicolon; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following: (C) the Attorney General, or the designee of the Attorney General, may appoint counsel to represent an alien if the fair resolution or effective adjudication of the proceedings would be served by appointment of counsel; and . 7. Scope and standard for review Section 242(b) of the Immigration and Nationality Act ( 8 U.S.C. 1252(b) ) is amended— (1) in paragraph (1), by adding at the end the following: The alien shall not be removed during such 30-day period, unless the alien indicates in writing that he or she wishes to be removed before the expiration of such period. ; and (2) by striking paragraph (4) and inserting the following: (4) Scope and standard for review Except as provided in paragraph (5)(B), the court of appeals shall sustain a final decision ordering removal unless it is contrary to law, an abuse of discretion, or not supported by substantial evidence. The court of appeals shall decide the petition only on the administrative record on which the order of removal is based. . 8. Efficient asylum determination process Section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) is amended— (1) in clause (ii), by striking shall be detained for further consideration of the application for asylum. and inserting may, in the Secretary’s discretion, be detained for further consideration of the application for asylum by an asylum officer designated by the Director of United States Citizenship and Immigration Services. The asylum officer, after conducting a nonadversarial asylum interview, may grant asylum to the alien under section 208 or refer the case to a designee of the Attorney General, for a de novo asylum determination, for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, or for withholding of removal under section 241(b)(3). ; and (2) in clause (iii)(IV)— (A) by amending the subclause heading to read as follows: (IV) Detention ; and (B) by striking shall and inserting may, in the Secretary’s discretion, . 9. Secure Alternatives Program (a) Establishment The Secretary shall establish the Secure Alternatives Program (referred to in this section as the Program ) under which an alien who has been detained may be released under enhanced supervision— (1) to prevent the alien from absconding; (2) to ensure that the alien makes appearances related to such detention; and (3) to authorize and promote the utilization of alternatives to detention of asylum seekers. (b) Program requirements (1) Nationwide implementation The Secretary shall facilitate the nationwide implementation of the Program. (2) Utilization of alternatives The Program shall utilize a continuum of alternatives based on the alien’s need for supervision, which may include placement of the alien— (A) with an individual or organizational sponsor; or (B) in a supervised group home. (3) Program elements The Program shall include— (A) individualized case management by an assigned case supervisor; and (B) referral to community-based providers of legal and social services. (4) Restrictive electronic monitoring (A) In general Restrictive electronic monitoring devices, such as ankle bracelets, may not be used unless there is a demonstrated need for such enhanced monitoring. (B) Periodic review The Secretary shall periodically review any decision to require the use of devices described in subparagraph (A). (5) Aliens eligible for secure alternatives program (A) In general Asylum seekers denied parole under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) shall be eligible to participate in the Program. (B) Program design The Program shall be designed to ensure sufficient supervision of the population described in subparagraph (A). (6) Individualized determinations For aliens who pose a flight risk, the Secretary shall make an individualized determination as to whether this risk can be mitigated through the Program. (7) Rulemaking The Attorney General and the Secretary shall promulgate regulations establishing procedures for the review of any determination under this section by an immigration judge, unless the alien waives the right to such review. (8) Contracts The Secretary shall enter into contracts with qualified nongovernmental entities to implement the Program. (9) Other considerations In designing the Program, the Secretary shall— (A) consult with relevant experts; and (B) consider programs that have proven successful in the past, including the Appearance Assistance Program developed by the Vera Institute of Justice. (c) Parole of certain aliens Section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) is amended— (1) by redesignating clause (v) as clause (vi); and (2) by inserting after clause (iv) the following: (v) Release (I) In general Any alien subject to detention under this subsection who has been determined to have a credible fear of persecution shall be released from the custody of the Department of Homeland Security not later than 7 days after such determination unless the Secretary of Homeland Security demonstrates by substantial evidence that the alien— (aa) poses a risk to public safety, which may include a risk to national security; or (bb) is a flight risk, which cannot be mitigated through other conditions of release, such as bond or secure alternatives, that would reasonably ensure that the alien would appear for immigration proceedings. (II) Notice The Secretary of Homeland Security shall provide every alien and the alien's legal representative with written notification of the parole decision, including a brief explanation of the reasons for any decision to deny parole. The notification should be communicated to the alien orally or in writing, in a language the alien claims to understand. . 10. Conditions of detention (a) In general The Secretary shall promulgate regulations that— (1) establish the conditions for the detention of asylum seekers that ensure a safe and humane environment; and (2) include the rights and procedures set forth in subsections (c) through (e). (b) Definitions In this section: (1) Detainee The term detainee means an individual who is detained under the authority of U.S. Immigration and Customs Enforcement. (2) Detention facility The term detention facility means any Federal, State, or local government facility or privately owned and operated facility, which is being used to hold detainees longer than 72 hours. (3) Group legal orientation presentations The term group legal orientation presentations means live group presentations, supplemented by individual orientations, pro se workshops, and pro bono referrals, that— (A) are carried out by private nongovernmental organizations; (B) are presented to detainees; (C) inform detainees about United States immigration law and procedures; and (D) enable detainees to determine their eligibility for relief. (4) Short-term detention facility The term short-term detention facility means any detention facility that is used to hold immigration detainees for not more than 72 hours. (c) Access to legal services (1) Lists of legal service providers All detainees arriving at a detention facility shall promptly receive— (A) access to legal information, including an on-site law library with up-to-date legal materials and law databases; (B) free access to the necessary equipment and materials for legal research and correspondence, such as computers, printers, copiers, and typewriters; (C) an accurate, updated list of free or low-cost immigration legal service providers that— (i) are near such detention facility; and (ii) can assist those with limited English proficiency or disabilities; (D) confidential meeting space to confer with legal counsel; and (E) services to send confidential legal documents to legal counsel, government offices, and legal organizations. (2) Group legal orientation presentations The Secretary shall establish procedures for regularly scheduled, group legal orientation presentations. (3) Grants authorized The Secretary shall establish a program to award grants to nongovernmental agencies for the purpose of developing, implementing, or expanding legal orientation programs available for all detainees at the detention facilities in which such programs are offered. (4) Visits Detainees shall be provided adequate access to contact visits from— (A) legal service providers, including attorneys, paralegals, law graduates, law students, and representatives accredited by the Board of Immigration Appeals; (B) consultants, as authorized under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)), before and during interviews in which determinations of credible fear of persecution are made; and (C) individuals assisting in the provision of legal representation and documentation in support of the asylum seekers' cases, including interpreters, medical personnel, mental health providers, social welfare workers, expert and fact witnesses, and others. (5) Notification requirement The Secretary shall establish procedures to provide detainees with adequate and prompt notice, in the language of the detainee, of their available release options and the procedures for requesting such options. (6) Location of new detention facilities All detention facilities first used by the Department of Homeland Security after the date of the enactment of this Act shall be located within 50 miles of a community in which there is a demonstrated capacity to provide free or low-cost legal representation by— (A) nonprofit legal aid organizations; or (B) pro bono attorneys with expertise in asylum or immigration law. (7) Notification of transfers The Secretary shall establish procedures requiring the prompt notification of the legal representative of a detainee before transferring such detainee to another detention facility. (8) Access to telephones (A) In general Not later than 6 hours after the commencement of a detention of a detainee, the detainee shall be provided reasonable access to a telephone, with at least 1 working telephone available for every 25 detainees. (B) Contacts Each detainee has the right to contact by telephone, free of charge— (i) legal representatives; (ii) nongovernmental organizations designated by the Secretary; (iii) consular officials; (iv) the United Nations High Commissioner for Refugees; (v) Federal and State courts in which the detainee is, or may become, involved in a legal proceeding; and (vi) all Government immigration agencies and adjudicatory bodies, including the Office of the Inspector General of the Department of Homeland Security and the Office for Civil Rights and Civil Liberties of the Department of Homeland Security, through confidential toll-free numbers. (d) Religious and cultural provisions (1) Access to religious services Detainees shall be given full and equitable access to religious services, religious materials, opportunity for religious group study, and religious counseling appropriate to their religious beliefs and practices. (2) Chaplains Each detention facility shall have a chaplain, who shall be responsible for— (A) managing the religious activities at the detention facility, including providing pastoral care and counseling to detainees; and (B) facilitating access to pastoral care and counseling from external clergy or religious service providers who represent the faiths of the detainees at the facility. (3) Dietary needs The Secretary shall ensure that the religious, medical, and cultural dietary needs of the detainees are met. (4) Qualifications of staff The Secretary shall ensure that detention facility staff members are trained to recognize and address cultural and gender issues relevant to male, female, and child detainees. (5) Access to detention facilities by nongovernmental organizations Nongovernmental organizations shall be provided reasonable access to a detention facility to— (A) observe the conditions of detention outlined in this section; (B) engage in teaching and training programs for the detainees detained at the facility; and (C) provide legal or religious services to the detainees. (e) Limitations on solitary confinement, shackling, and strip searches (1) Extraordinary circumstances Solitary confinement, shackling, and strip searches of detainees— (A) may not be used unless such techniques are necessitated by extraordinary circumstances in which the safety of other persons is at imminent risk; and (B) may not be used for the purpose of humiliating detainees within or outside the detention facility. (2) Protected classes Solitary confinement, shackling, and strip searches may not be used on pregnant women, nursing mothers, women in labor or delivery, or children who are younger than 18 years of age. Strip searches may not be conducted in the presence of children who are younger than 21 years of age. (3) Written policies Detention facilities shall— (A) adopt written policies pertaining to the use of force and restraints; and (B) train all staff on the proper use of such techniques and devices. 11. Timely notice of immigration charges Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Notice and charges Not later than 48 hours after the commencement of a detention of an individual under this section, the Secretary of Homeland Security shall— (1) file a Notice to Appear or other relevant charging document with the immigration court closest to the location at which the individual was apprehended; and (2) serve such notice or charging document on the individual. . 12. Procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority (a) In general The Secretary shall establish quality assurance procedures to ensure the accuracy and verifiability of signed or sworn statements taken by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ). (b) Recording of interviews (1) In general Any sworn or signed written statement taken from an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act shall be accompanied by a recording of the interview which served as the basis for such sworn statement. (2) Content The recording shall include— (A) a reading of the entire written statement to the alien in a language that the alien claims to understand; and (B) the verbal affirmation by the alien of the accuracy of— (i) the written statement; or (ii) a corrected version of the written statement. (3) Format The recording shall be made in video, audio, or other equally reliable format. (4) Evidence Recordings of interviews under this subsection may be considered as evidence in any further proceedings involving the alien. (c) Exemption authority (1) Exempted facilities Subsection (b) shall not apply to interviews that occur at detention facilities exempted by the Secretary under this subsection. (2) Criteria The Secretary, or the Secretary’s designee, may exempt any detention facility if compliance with subsection (b) at that facility would impair operations or impose undue burdens or costs. (3) Report The Secretary shall annually submit a report to Congress that identifies the facilities that have been exempted under this subsection. (4) No private cause of action Nothing in this subsection may be construed to create a private cause of action for damages or injunctive relief. (d) Interpreters The Secretary shall ensure that a professional fluent interpreter is used if— (1) the interviewing officer does not speak a language understood by the alien; and (2) there is no other Federal Government employee available who is able to interpret effectively, accurately, and impartially. 13. Study on the effect of expedited removal provisions, practices, and procedures on asylum claims (a) Study (1) In general The United States Commission on International Religious Freedom (referred to in this section as the Commission ) is authorized to conduct a study to determine whether immigration officers described in paragraph (2) are engaging in conduct described in paragraph (3). (2) Immigration officers described An immigration officer described in this paragraph is an immigration officer performing duties under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ) with respect to aliens who— (A) are apprehended after entering the United States; and (B) may be eligible to apply for asylum under section 208 or 235 of such Act. (3) Conduct described An immigration officer engages in conduct described in this paragraph if the immigration officer— (A) improperly encourages an alien referred to in paragraph (2) to withdraw or retract claims for asylum; (B) incorrectly fails to refer such an alien for an interview by an asylum officer to determine whether the alien has a credible fear of persecution (as defined in section 235(b)(1)(B)(v) of such Act ( 8 U.S.C. 1225(b)(1)(B)(v) )); (C) incorrectly removes such an alien to a country in which the alien may be persecuted; or (D) detains such an alien improperly or under inappropriate conditions. (b) Report Not later than 2 years after the date on which the Commission initiates the study under subsection (a), the Commission shall submit a report containing the results of the study to— (1) the Committee on Homeland Security and Governmental Affairs of the Senate ; (2) the Committee on the Judiciary of the Senate ; (3) the Committee on Foreign Relations of the Senate ; (4) the Committee on Homeland Security of the House of Representatives ; (5) the Committee on the Judiciary of the House of Representatives ; and (6) the Committee on Foreign Affairs of the House of Representatives . (c) Staff (1) From other agencies (A) Identification The Commission may identify employees of the Department of Homeland Security, the Department of Justice, and the Government Accountability Office that have significant expertise and knowledge of refugee and asylum issues. (B) Designation At the request of the Commission, the Secretary, the Attorney General, and the Comptroller General of the United States shall authorize staff identified under subparagraph (A) to assist the Commission in conducting the study under subsection (a). (2) Additional staff The Commission may hire additional staff and consultants to conduct the study under subsection (a). (3) Access to proceedings (A) In general Except as provided in subparagraph (B), the Secretary and the Attorney General shall provide staff designated under paragraph (1) or hired under paragraph (2) with unrestricted access to all stages of all proceedings conducted under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ). (B) Exceptions The Secretary and the Attorney General may not permit unrestricted access under subparagraph (A) if— (i) the alien subject to a proceeding under such section 235(b) objects to such access; or (ii) the Secretary or Attorney General determines that the security of a particular proceeding would be threatened by such access. 14. Refugee opportunity promotion Section 209 of the Immigration and Nationality Act ( 8 U.S.C. 1159 ) is amended— (1) in subsection (a)(1)(B), by striking one year, and inserting 1 year (except as provided under subsection (d)); ; (2) in subsection (b)(2), by striking asylum, and inserting asylum (except as provided under subsection (d)); ; and (3) by adding at the end the following: (d) Exception to physical presence requirement An alien who does not meet the 1-year physical presence requirement under subsection (a)(1)(B) or (b)(2), but who otherwise meets the requirements under subsection (a) or (b) for adjustment of status to that of an alien lawfully admitted for permanent residence, may be eligible for such adjustment of status if the alien— (1) is or was employed by— (A) the United States Government or a contractor of the United States Government overseas and performing work on behalf of the United States Government for the entire period of absence, which may not exceed 1 year; or (B) the United States Government or a contractor of the United States Government in the alien’s country of nationality or last habitual residence for the entire period of absence, which may not exceed 1 year, and the alien was under the protection of the United States Government or a contractor while performing work on behalf of the United States Government during the entire period of employment; and (2) returned immediately to the United States upon the conclusion of the employment. . 15. Protections for minors seeking asylum (a) In general Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended— (1) in subsection (a)(2), as amended by section 3, by amending subparagraph (E) to read as follows: (E) Applicability to minors Subparagraphs (A), (B), and (C) shall not apply to an applicant who is younger than 18 years of age on the earlier of— (i) the date on which the asylum application is filed; or (ii) the date on which any Notice to Appear is issued. ; and (2) in subsection (b)(3), by amending subparagraph (C) to read as follows: (C) Initial jurisdiction An asylum officer (as defined in section 235(b)(1)(E)) shall have initial jurisdiction over any asylum application filed by an applicant who is younger than 18 years of age on the earlier of— (i) the date on which the asylum application is filed; or (ii) the date on which any Notice to Appear is issued. . (b) Reinstatement of removal Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended— (1) in paragraph (5), by striking If the Attorney General and inserting Except as provided in paragraph (8), if the Secretary of Homeland Security ; and (2) by adding at the end of the following: (8) Applicability of reinstatement of removal Paragraph (5) shall not apply to an alien who has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, if the alien was younger than 18 years of age on the date on which the alien was removed or departed voluntarily under an order of removal. . 16. Legal assistance for refugees and asylees Section 412(c)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1522(c)(1)(A) ) is amended— (1) in clause (ii), by striking and at an end; (2) by redesignating clause (iii) as clause (iv); and (3) by inserting after clause (ii) the following: (iii) to provide legal services for refugees to assist them in obtaining immigration benefits for which they are eligible; and . 17. Protection of stateless persons in the United States (a) In general Chapter 1 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by adding at the end the following: 210A. Protection of stateless persons in the United States (a) Defined term (1) In general In this section, the term de jure stateless person means an individual who is not considered a national under the laws of any country. Individuals who have lost their nationality as a result of their voluntary action or knowing inaction after arrival in the United States shall not be considered de jure stateless persons. (2) Designation of specific de jure groups The Secretary of Homeland Security, in consultation with the Secretary of State, may, in the discretion of the Secretary, designate specific groups of individuals who are considered de jure stateless persons, for purposes of this section. (b) Mechanisms for regularizing the status of stateless persons (1) Relief for individuals determined to be de jure stateless persons The Secretary of Homeland Security or the Attorney General may, in his or her discretion, provide conditional lawful status to an alien who is otherwise inadmissible or deportable from the United States if the alien— (A) is a de jure stateless person; (B) applies for such relief; (C) is not inadmissible under paragraph (2) or (3) of section 212(a); and (D) is not described in section 241(b)(3)(B)(i). (2) Waivers The provisions under paragraphs (4), (5), (6)(A), (7)(A), and (9) of section 212(a) shall not be applicable to any alien seeking relief under paragraph (1). The Secretary of Homeland Security or the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or if it is otherwise in the public interest. (3) Submission of passport or travel document Any alien who seeks relief under this section shall submit to the Secretary of Homeland Security or the Attorney General— (A) any passport or travel document issued at any time to the alien (whether or not the passport or document has expired or been cancelled, rescinded, or revoked); or (B) an affidavit, sworn under penalty of perjury— (i) stating that the alien has never been issued a passport or travel document; or (ii) identifying with particularity any such passport or travel document and explaining why the alien cannot submit it. (4) Work authorization The Secretary of Homeland Security may— (A) authorize an alien who has applied for relief under paragraph (1) to engage in employment in the United States while such application is being considered; and (B) provide such applicant with an employment authorized endorsement or other appropriate document signifying authorization of employment. (5) Treatment of spouse and children The spouse or child of an alien who has been granted conditional lawful status under paragraph (1) shall, if not otherwise eligible for admission under paragraph (1), be granted conditional lawful status under this section if accompanying, or following to join, such alien if— (A) the spouse or child is admissible (except as otherwise provided in paragraph (2)); and (B) the qualifying relationship to the principal beneficiary existed on the date on which such alien was granted conditional lawful status. (c) Adjustment of status (1) Inspection and examination At the end of the 5-year period beginning on the date on which an alien has been granted conditional lawful status under subsection (b), the alien may apply for lawful permanent residence in the United States if— (A) the alien has been physically present in the United States for at least 5 years; (B) the alien's conditional lawful status has not been terminated by the Secretary of Homeland Security or the Attorney General, pursuant to such regulations as the Secretary or the Attorney General may prescribe; and (C) the alien has not otherwise acquired permanent resident status. (2) Requirements for adjustment of status The Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, may adjust the status of an alien granted conditional lawful status under subsection (b) to that of an alien lawfully admitted for permanent residence if such alien— (A) is a de jure stateless person; (B) properly applies for such adjustment of status; (C) has been physically present in the United States for at least 5 years after being granted conditional lawful status under subsection (b); (D) is not firmly resettled in any foreign country; and (E) is admissible (except as otherwise provided under subsection (b)(2)) as an immigrant under this chapter at the time of examination of such alien for adjustment of status. (3) Record Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien's admission for lawful permanent residence as of the date that is 5 years before the date of such approval. (d) Proving the claim In determining an alien's eligibility for lawful conditional status or adjustment of status under this subsection, the Secretary of Homeland Security or the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary or the Attorney General. (e) Review (1) Administrative review No appeal shall lie from the denial of an application by the Secretary, but such denial will be without prejudice to the alien’s right to renew the application in proceedings under section 240. (2) Motions to reopen Notwithstanding any limitation imposed by law on motions to reopen removal, deportation, or exclusion proceedings, any individual who is eligible for relief under this section may file a motion to reopen removal or deportation proceedings in order to apply for relief under this section. Any such motion shall be filed not later than the later of— (A) 2 years after the date of the enactment of the Refugee Protection Act of 2013 ; or (B) 90 days after the date of entry of a final administrative order of removal, deportation, or exclusion. (f) Limitation (1) Applicability The provisions of this section shall only apply to aliens present in the United States. (2) Savings provision Nothing in this section may be construed to authorize or require— (A) the admission of any alien to the United States; (B) the parole of any alien into the United States; or (C) the grant of any motion to reopen or reconsider filed by an alien after departure or removal from the United States. . (b) Judicial review Section 242(a)(2)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1252(a)(2)(B)(ii) ) is amended by inserting or 210A after 208(a) . (c) Clerical amendment The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 210 the following: Sec. 210A. Protection of stateless persons in the United States. . 18. Authority to designate certain groups of refugees for consideration (a) In general Section 207(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(1) ) is amended— (1) by inserting (A) before Subject to the numerical limitations ; and (2) by adding at the end the following: (B) (i) The President, upon a recommendation of the Secretary of State made in consultation with the Secretary of Homeland Security, and after appropriate consultation, may designate specifically defined groups of aliens— (I) whose resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest; and (II) who— (aa) share common characteristics that identify them as targets of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion or of other serious harm; or (bb) having been identified as targets as described in item (aa), share a common need for resettlement due to a specific vulnerability. (ii) An alien who establishes membership in a group designated under clause (i) to the satisfaction of the Secretary of Homeland Security shall be considered a refugee for purposes of admission as a refugee under this section unless the Secretary determines that such alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (iii) A designation under clause (i)— (I) may be revoked by the President at any time after notification to Congress; (II) if not revoked under subclause (I), shall expire at the end of the fiscal year; and (III) may be renewed by the President after appropriate consultation. (iv) Categories of aliens established under section 599D of Public Law 101–167 ( 8 U.S.C. 1157 note)— (I) shall be designated under clause (i) until the end of the first fiscal year commencing after the date of the enactment of the Refugee Protection Act of 2013 ; and (II) shall be eligible for designation thereafter at the discretion of the President. (v) An alien’s admission under this subparagraph shall count against the refugee admissions goal under subsection (a). (vi) A designation under clause (i) shall not influence decisions to grant, to any alien, asylum under section 208, protection under section 241(b)(3), or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. . (b) Written reasons for denials of refugee status Each decision to deny an application for refugee status of an alien who is within a category established under section 207(c)(1)(B) of the Immigration and Nationality Act, as added by subsection (a) shall be in writing and shall state, to the maximum extent feasible, the reason for the denial. (c) Effective date The amendments made by subsection (a) shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act. 19. Multiple forms of relief (a) In general Applicants for admission as refugees may simultaneously pursue admission under any visa category for which such applicants may be eligible. (b) Asylum applicants who become eligible for diversity visas Section 204(a)(1)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I) ) is amended by adding at the end the following: (iv) (I) An asylum seeker in the United States who is notified that he or she is eligible for an immigrant visa pursuant to section 203(c) may file a petition with the district director that has jurisdiction over the district in which the asylum seeker resides (or, in the case of an asylum seeker who is or was in removal proceedings, the immigration court in which the removal proceeding is pending or was adjudicated) to adjust status to that of a permanent resident. (II) A petition under subclause (I) shall be filed not later than 30 days before the end of the fiscal year for which the petitioner received notice of eligibility for the visa and shall contain such information and be supported by such documentary evidence as the Secretary of State may require. (III) The district director or immigration court shall attempt to adjudicate each petition under this clause before the last day of the fiscal year for which the petitioner was selected. Notwithstanding clause (ii)(II), if the district director or immigration court is unable to complete such adjudication during such fiscal year, the adjudication and adjustment of the petitioner’s status may take place after the end of such fiscal year. . 20. Protection of refugee families (a) Children of refugee or asylee spouses and children A child of an alien who qualifies for admission as a spouse or child under section 207(c)(2)(A) or 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)) shall be entitled to the same admission status as such alien if the child— (1) is accompanying or following to join such alien; and (2) is otherwise admissible under such section 207(c)(2)(A) or 208(b)(3). (b) Separated children A child younger than 18 years of age who has been separated from the birth or adoptive parents of such child and is living under the care of an alien who has been approved for admission to the United States as a refugee shall be admitted as a refugee if— (1) it is in the best interest of such child to be placed with such alien in the United States; and (2) such child is otherwise admissible under section 207(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(3) ). (c) Elimination of time limits on reunification of refugee and asylee families (1) Emergency situation refugees Section 207(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(2)(A) ) is amended by striking A spouse or child (as defined in section 101(b)(1) (A), (B), (C), (D), or (E)) and inserting, Regardless of when such refugee was admitted to the United States, a spouse or child (other than a child described in section 101(b)(1)(F)) . (2) Asylum Section 208(b)(3)(A) of such Act ( 8 U.S.C. 1158(b)(3)(A) ) is amended to read as follows: (A) In general A spouse or child (other than a child described in section 101(b)(1)(F)) of an alien who was granted asylum under this subsection at any time may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying or following to join such alien. . (d) Timely adjudication of refugee and asylee family reunification petitions Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended— (1) in section 207(c)(2), as amended by subsection (c), by adding at the end the following: (D) The Secretary shall ensure that the application of an alien who is following to join a refugee who qualifies for admission under paragraph (1) is adjudicated not later than 90 days after the submission of such application. ; and (2) in section 208(b)(3), as amended by section 15(a)(2), by adding at the end the following: (D) Timely adjudication The Secretary shall ensure that the application of each alien described in subparagraph (A) who applies to follow an alien granted asylum under this subsection is adjudicated not later than 90 days after the submission of such application. . 21. Reform of refugee consultation process Section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) is amended— (1) in subsection (a), by adding at the end the following: (5) All officers of the Federal Government responsible for refugee admissions or refugee resettlement shall treat the determinations made under this subsection and subsection (b) as the refugee admissions goal for the fiscal year. ; (2) in subsection (d), by adding at the end the following: (4) Not later than 15 days after the last day of each calendar quarter, the President shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains— (A) the number of refugees who were admitted during the previous quarter; (B) the percentage of those arrivals against the refugee admissions goal for such quarter; (C) the cumulative number of refugees who were admitted during the fiscal year as of the end of such quarter; (D) the number of refugees to be admitted during the remainder of the fiscal year in order to meet the refugee admissions goal for the fiscal year; and (E) a plan that describes the procedural or personnel changes necessary to achieve the refugee admissions goal for the fiscal year. ; and (3) in subsection (e)— (A) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively; (B) in the matter preceding subparagraph (A), as redesignated— (i) by inserting (1) after (e) ; and (ii) by inserting , which shall be commenced not later than May 1 of each year and continue periodically throughout the remainder of the year, if necessary, after discussions in person ; (C) by striking To the extent possible, and inserting the following: (2) To the extent possible ; and (D) by adding at the end the following: (3) (A) The plans referred to in paragraph (1)(C) shall include estimates of— (i) the number of refugees the President expects to have ready to travel to the United States at the beginning of the fiscal year; (ii) the number of refugees and the stipulated populations the President expects to admit to the United States in each quarter of the fiscal year; and (iii) the number of refugees the President expects to have ready to travel to the United States at the end of the fiscal year. (B) The Secretary of Homeland Security shall ensure that an adequate number of refugees are processed during the fiscal year to fulfill the refugee admissions goals under subsections (a) and (b). . 22. Admission of refugees in the absence of the annual Presidential determination Section 207(a) of the Immigration and Nationality Act ( 8 U.S.C. 1157(a) ) is amended— (1) by striking paragraph (1); (2) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; (3) in paragraph (1), as redesignated— (A) by striking after fiscal year 1982 ; and (B) by adding at the end the following: If the President does not issue a determination under this paragraph before the beginning of a fiscal year, the number of refugees that may be admitted under this section in each quarter before the issuance of such determination shall be 25 percent of the number of refugees admissible under this section during the previous fiscal year. ; and (4) in paragraph (3), as redesignated, by striking (beginning with fiscal year 1992) . 23. Update of reception and placement grants Beginning with fiscal year 2014, not later than 30 days before the beginning of each fiscal year, the Secretary shall notify Congress of the amount of funds that the Secretary will provide in its Reception and Placement Grants in the coming fiscal year. In setting the amount of such grants each year, the Secretary shall ensure that— (1) the grant amount is adjusted so that it is adequate to provide for the anticipated initial resettlement needs of refugees, including adjusting the amount for inflation and the cost of living; (2) an amount is provided at the beginning of the fiscal year to each national resettlement agency that is sufficient to ensure adequate local and national capacity to serve the initial resettlement needs of refugees the Secretary anticipates the agency will resettle throughout the fiscal year; and (3) additional amounts are provided to each national resettlement agency promptly upon the arrival of refugees that, exclusive of the amounts provided pursuant to paragraph (2), are sufficient to meet the anticipated initial resettlement needs of such refugees and support local and national operational costs in excess of the estimates described in paragraph (1). 24. Protection for aliens interdicted at sea Section 241(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3) ) is amended— (1) in the paragraph heading, by striking to a country where alien’s life or freedom would be threatened and inserting or return if refugee’s life or freedom would be threatened or alien would be subjected to torture ; (2) in subparagraph (A)— (A) by striking Notwithstanding and inserting the following: (i) Life or freedom threatened Notwithstanding ; and (B) by adding at the end the following: (ii) Asylum interview Notwithstanding paragraphs (1) and (2), a United States officer may not return any alien interdicted or otherwise encountered in international waters or United States waters who has expressed a fear of return to his or her country of departure, origin, or last habitual residence— (I) until such alien has had the opportunity to be interviewed by an asylum officer to determine whether that alien has a well-founded fear of persecution because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion, or because the alien would be subject to torture in that country; or (II) if an asylum officer has determined that the alien has such a well-founded fear of persecution or would be subject to torture in his or her country of departure, origin, or last habitual residence. ; (3) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (4) by inserting after subparagraph (A) the following: (B) Protections for aliens interdicted in international or United States waters The Secretary of Homeland Security shall issue regulations establishing a uniform procedure applicable to all aliens interdicted in international or United States waters that— (i) provides each alien— (I) a meaningful opportunity to express, through a translator who is fluent in a language the alien claims to understand, a fear of return to his or her country of departure, origin, or last habitual residence; and (II) in a confidential setting and in a language the alien claims to understand, information concerning the alien’s interdiction, including the ability to inform United States officers about any fears relating to the alien’s return or repatriation; (ii) provides each alien expressing such a fear of return or repatriation a confidential interview conducted by an asylum officer, in a language the alien claims to understand, to determine whether the alien’s return to his or her country of origin or country of last habitual residence is prohibited because the alien has a well-founded fear of persecution— (I) because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion; or (II) because the alien would be subject to torture in that country; (iii) ensures that each alien can effectively communicate with United States officers through the use of a translator fluent in a language the alien claims to understand; and (iv) provides each alien who, according to the determination of an asylum officer, has a well-founded fear of persecution for the reasons specified in clause (ii) or would be subject to torture, an opportunity to seek protection in— (I) a country other than the alien’s country of origin or country of last habitual residence in which the alien has family or other ties that will facilitate resettlement; or (II) if the alien has no such ties, a country that will best facilitate the alien’s resettlement, which may include the United States. . 25. Modification of physical presence requirements for aliens serving as translators (a) In general Section 1059(e)(1) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 note) is amended to read as follows: (1) In general (A) Continuous residence An absence from the United States described in paragraph (2) shall not be considered to break any period for which continuous residence in the United States is required for naturalization under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ). (B) Physical presence In the case of a lawful permanent resident, for an absence from the United States described in paragraph (2), the time spent outside of the United States in the capacity described in paragraph (2) shall be counted towards the accumulation of the required physical presence in the United States. . (b) Effective date The amendment made by subsection (a) shall take effect as if included in the amendment made by section 1(c)(2) of the Act entitled An Act to increase the number of Iraqi and Afghani translators and interpreters who may be admitted to the United States as special immigrants, and for other purposes , approved June 15, 2007 ( Public Law 110–36 ; 121 Stat. 227). 26. Assessment of the Refugee Domestic Resettlement Program (a) In general As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (b) Matters To be studied In the study required under subsection (a), the Comptroller General shall determine and analyze— (1) how the Office of Refugee Resettlement defines self-sufficiency; (2) if this definition is adequate in addressing refugee needs in the United States; (3) the effectiveness of the Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency; (4) an analysis of the unmet needs of the programs; (5) an evaluation of the Office of Refugee Resettlement’s budgetary resources and projection of the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency; (6) the role of community-based organizations in serving refugees in areas experiencing a high number of new refugee arrivals; (7) an analysis of how community-based organizations can be better utilized and supported in the Federal domestic resettlement process; and (8) recommendations on statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (7). (c) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress that contains the results of the study required under subsection (a). 27. Refugee assistance (a) Amendments to the social services funding Section 412(c)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1522(c)(1)(B) ) is amended to read as follows: (B) The funds available for a fiscal year for grants and contracts under subparagraph (A) shall be allocated among the States based on a combination of— (i) the total number or refugees (including children and adults) who arrived in the United States not more than 36 months before the beginning of such fiscal year and are actually residing in each State (taking into account secondary migration) as of the beginning of the fiscal year; (ii) the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year; and (iii) projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year. . (b) Report on secondary migration Section 412(a)(3) of such Act (814 U.S.C. 1522(a)(3)) is amended— (1) by striking a periodic and inserting an annual ; and (2) by adding at the end the following: At the end of each fiscal year, the Assistant Secretary shall submit a report to Congress that describes the findings of the assessment, including States experiencing departures and arrivals due to secondary migration, likely reasons for migration, the impact of secondary migration on States hosting secondary migrants, availability of social services for secondary migrants in those States, and unmet needs of those secondary migrants. . (c) Assistance made available to secondary migrants Section 412(a)(1) of such Act (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following: (C) When providing assistance under this section, the Assistant Secretary shall ensure that such assistance is provided to refugees who are secondary migrants and meet all other eligibility requirements for such services. . (d) Notice and rulemaking Not later than 90 days after the date of enactment of this Act, but in no event later than 30 days before the effective date of the amendments made by this section, the Assistant Secretary shall— (1) issue a proposed rule of the new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c); and (2) solicit public comment. (e) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act. 28. Resettlement data (a) In general The Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement (referred to in this section as the Assistant Secretary ) shall expand the Office of Refugee Resettlement’s data analysis, collection, and sharing activities in accordance with this section. (b) Data on mental and physical medical cases The Assistant Secretary shall coordinate with the Centers for Disease Control, national resettlement agencies, community-based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs. In collecting information under this subsection, the Assistant Secretary shall utilize initial refugee health screening data, including history of severe trauma, torture, mental health symptoms, depression, anxiety and post traumatic stress disorder, recorded during domestic and international health screenings, and Refugee Medical Assistance utilization rate data. (c) Data on housing needs The Assistant Secretary shall partner with State refugee programs, community-based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees, including— (1) the number of refugees who have become homeless; and (2) the number of refugees at severe risk of becoming homeless. (d) Data on refugee employment and self-Sufficiency The Assistant Secretary shall gather longitudinal information relating to refugee self-sufficiency and employment status for 2-year period beginning 1 year after the refugee's arrival. (e) Availability of data The Assistant Secretary shall annually— (1) update the data collected under this section; and (2) submit a report to Congress that contains the updated data. 29. Protections for refugees Section 209 ( 8 U.S.C. 1159 ) is amended— (1) in subsection (a)(1), by striking return or be returned to the custody of the Department of Homeland Security for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of sections 235, 240, and 241 and inserting be eligible for adjustment of status as an immigrant to the United States ; (2) in subsection (a)(2), by striking upon inspection and examination ; and (3) in subsection (c), by adding at the end the following: An application for adjustment under this section may be filed up to 3 months before the date the applicant would first otherwise be eligible for adjustment under this section. . 30. Extension of eligibility period for Social Security benefits for certain refugees (a) Extension of eligibility period (1) In general Section 402(a)(2)(M)(i) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612(a)(2)(M)(i) ) is amended— (A) in subclause (I), by striking 9-year and inserting 10-year ; and (B) in subclause (II), by striking 2-year and inserting 3-year . (2) Conforming amendment The heading for section 402(a)(2)(M)(i) of such Act is amended by striking Two-year extension and inserting Extension . (3) Effective date The amendments made by this subsection take effect on October 1, 2013. (b) Extension of period for collection of unemployment compensation debts resulting from fraud Paragraph (8) of section 6402(f) of the Internal Revenue Code of 1986 (relating to collection of unemployment compensation debts resulting from fraud) is amended by striking 10 years and inserting 10 years and 2 months . 31. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act, and the amendments made by this Act. 32. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010 ( Public Law 111–139 ), shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

https://www.govinfo.gov/content/pkg/BILLS-113hr1365ih/xml/BILLS-113hr1365ih.xml

113-hr-1366

I 113th CONGRESS 1st Session H. R. 1366 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Lynch (for himself, Mr. Fitzpatrick , Mr. Rogers of Kentucky , Mr. Rahall , Mr. Keating , Mr. Wolf , and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Commissioner of Food and Drugs to modify the approval of any drug containing controlled-release oxycodone hydrochloride to limit such approval to use for the relief of severe-only instead of moderate-to-severe pain, and for other purposes. 1. Short title This Act may be cited as the Stop Oxy Abuse Act of 2013 . 2. Limiting approval of drugs containing controlled-release oxycodone hydrochloride to use for relief of severe-only pain (a) In general Not later than 90 days after the date of the enactment of this Act, the Commissioner of Food and Drugs shall take such actions as may be necessary— (1) to modify the approval of any drug containing controlled-release oxycodone hydrochloride under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) to limit such approval to use for the relief of severe-only instead of moderate-to-severe pain; and (2) to limit any subsequent approval of a drug containing controlled-release oxycodone hydrochloride under such section to use for the relief of severe-only pain. (b) Applicability Any modification required by subsection (a)(1) shall apply to drugs introduced or delivered for introduction into interstate commerce on or after the date that is 180 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1366ih/xml/BILLS-113hr1366ih.xml

113-hr-1367

I 113th CONGRESS 1st Session H. R. 1367 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Lynch (for himself, Mr. Cummings , Mr. Moran , and Ms. Norton ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend chapter 89 of title 5, United States Code, to ensure program integrity, transparency, and cost savings in the pricing and contracting of prescription drug benefits under the Federal Employees Health Benefits Program. 1. Short title This Act may be cited as the FEHBP Prescription Drug Integrity, Transparency, and Cost Savings Act . 2. Improved program integrity, transparency, and cost savings for prescription drug benefits in the Federal Employees Health Benefits Program (a) Change in contracting requirements Section 8902 of title 5, United States Code, is amended by adding at the end the following: (p) A contract may not be made or a plan approved under this chapter, with respect to a carrier that is a party to a PBM carrier arrangement, unless the PBM and such carrier comply with the requirements of section 8915. The Office shall terminate such contract or discontinue such plan for failure to comply with such requirements. . (b) Requirements for PBMs and related requirements for carriers Chapter 89 of title 5, United States Code, is amended by adding at the end the following: 8915. Requirements for PBM arrangements (a) Limitations on Cross-Ownership (1) In general Under a PBM carrier arrangement a PBM may not be under common corporate control with— (A) a prescription drug manufacturer; or (B) a retail pharmacy. (2) Profit restriction on corporately affiliated carriers and PBMs With respect to a PBM carrier arrangement related to a contract under this chapter, the Office may not permit a carrier under common corporate control with a PBM to earn a profit resulting from such control. (3) Certification Each carrier shall certify annually to the Office of Personnel Management that any PBM with which it has a PBM carrier arrangement meets the requirements of this subsection. (4) Definitions For purposes of this subsection— (A) Common corporate control The term common corporate control means that 2 entities are part of a controlled group of corporations (as such term is defined in section 1563 of the Internal Revenue Code of 1986). (B) Retail pharmacy The term retail pharmacy excludes any mail order pharmacy. (b) Restrictions on brand name prescription drug substitutions (1) In general Under a PBM carrier arrangement, and with respect to a prescription drug prescribed to an enrollee covered under such arrangement, a PBM may not request payment from a carrier for a brand name prescription drug that was dispensed to the enrollee, at the request of the PBM, in substitution for the drug that was originally prescribed to such enrollee, unless each of the following requirements is met: (A) Lower net cost The substitute drug has a lower net cost than the drug originally prescribed to such enrollee. (B) Authorization by prescriber The prescriber of the originally prescribed drug submits an express, verifiable authorization of the substitution to the pharmacist and such authorization includes a determination by the prescriber that the drug substitution will not endanger the health of the enrollee for whom the drug is prescribed. (C) Additional requirements Each of the requirements described in paragraph (2) are met. (2) Additional requirements The requirements described in this paragraph are, with respect to a brand name prescription drug that was dispensed to an enrollee, at the request of the PBM, in substitution for the drug that was originally prescribed to such enrollee, the following: (A) To the extent appropriate, the PBM consults the enrollee concerning such drug substitution. (B) The PBM discloses to the prescriber of the originally prescribed drug, the carrier, and the enrollee for whom such drug was prescribed— (i) the reason why the PBM proposed a drug substitution for such drug; and (ii) the financial impact of the drug substitution on the PBM, the carrier, and the enrollee. (C) In the case of a mail order pharmacy, the PBM ensures that, at the time the drug is dispensed, the enrollee receives a written notice that such drug substitution occurred and that such substitution occurred with the approval of the prescriber. (3) Definitions For purposes of this subsection— (A) Brand name prescription drug The term brand name prescription drug means a drug approved pursuant to an application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (B) Net cost The term net cost means, with respect to a drug, a carrier, and an enrollee, the sum of— (i) the final cost of the drug to the carrier after all adjustments (including discounts, rebates, associated dispensing fees and administrative fees, and enrollee cost sharing); and (ii) the final cost of the drug to the enrollee (including cost-sharing). (C) Prescriber The term prescriber means an individual who is authorized under State and Federal law to prescribe drugs and who prescribes a drug to an enrollee of a health benefits plan under this chapter. (c) Reimbursement of carriers Under a PBM carrier arrangement, not later than the last day of each quarter of the contract year— (1) the PBM shall pay to a carrier an amount that is at least 99 percent of the sum of— (A) all compensation that the PBM received during the previous quarter from a prescription drug manufacturer under a PBM manufacturer contract (to the extent such arrangement relates to the PBM carrier arrangement) including compensation (but excluding rebates) that the Office of Personnel Management categorizes (regardless of how such compensation is categorized by the PBM) as— (i) market share incentives; (ii) prescription drug substitution programs; (iii) educational support; (iv) commissions; (v) mail service purchase discounts; (vi) administrative or management fees; or (vii) any other form of compensation; (B) all compensation received by the PBM during the previous quarter for sales of utilization or claims data that the PBM possesses as a result of the PBM carrier arrangement; and (C) all rebates paid to the PBM during the previous quarter by a prescription drug manufacturer to the extent that such rebates are based on prescription drugs dispensed under the PBM carrier arrangement; and (2) the PBM shall disclose to the carrier and the Office, in a form and manner specified by the Office— (A) the compensation described in paragraph (1)(A) , by the amount of compensation for each category under such paragraph; (B) the compensation described in paragraph (1)(B) ; and (C) the rebates described in paragraph (1)(C) , on a drug-by-drug basis. (d) Sale of utilization and claims data Under a PBM carrier arrangement, if the PBM intends to sell utilization or claims data that the PBM possesses as a result of such arrangement— (1) the PBM shall notify the Office of Personnel Management before selling such data and shall provide the Office with the name of the potential purchaser of such data and the expected use of such data by such purchaser; and (2) the PBM may not sell such data unless the sale complies with all Federal and State laws and the PBM has received approval for such sale from the Office. (e) Pricing (1) Spread pricing (A) Limitation on charges to a carrier A PBM under a PBM carrier arrangement shall not charge a carrier an amount for a prescription drug that is covered under such arrangement (and is dispensed by a pharmacy) that is more than the amount (including the ingredient cost and the dispensing fee) that the PBM reimburses the pharmacy for the drug. (B) Disclosures (i) Initial disclosure Before entering into a PBM carrier arrangement, the PBM shall disclose to the carrier and the Office of Personnel Management the reimbursement basis (including the type of benchmark price and the source of the data for determining such price) and methodology that the PBM uses to compute reimbursement amounts for retail and mail order pharmacies. (ii) Updates Not later than 30 days after making a change to the reimbursement basis or methodology under clause (i) , the PBM shall disclose such change to the carrier and the Office. (iii) Transition rule In the case of a PBM carrier arrangement that is in effect on the effective date of the FEHBP Prescription Drug Integrity, Transparency, and Cost Savings Act, the PBM shall disclose the information under clause (i) not later than 1 year after such date. (2) Maximum for mail order prescription drugs prices and dispensing fees (A) In general If a prescription drug is supplied by a mail order pharmacy to an enrollee, under a PBM carrier arrangement, a PBM may not charge a carrier an amount for the ingredient cost for such prescription drug that is greater than an amount that is equal to the actual acquisition cost for the drug minus any cost sharing for such drug that is the responsibility of the enrollee. (B) Dispensing fee Under a PBM carrier arrangement, a PBM may not charge a carrier an amount for a dispensing fee related to a prescription drug dispensed by a mail order pharmacy to an enrollee that is greater than the amount that the PBM charges health plans for similar services that are not covered under a PBM carrier arrangement. (C) Transparency Under a PBM carrier arrangement, a PBM shall provide the carrier and the Office of Personnel Management, at the request of such carrier or Office, information on the method used to determine the amount of— (i) the ingredient cost under subparagraph (A); and (ii) the dispensing fee under subparagraph (B) . (D) Actual acquisition cost defined For purposes of this paragraph, the term actual acquisition cost means the amount a pharmacy pays for a prescription drug, net of discounts, rebates, charge backs, and other adjustments to the price of the drug. (f) Right to explanation of benefits Under a PBM carrier arrangement, not later than 90 days after the date on which a pharmacy dispenses a prescription drug covered under the arrangement, the PBM shall provide (by mail or electronically) to the enrollee to whom such drug was dispensed an explanation of benefits statement that contains the following information: (1) The date the claim for such drug was made by the pharmacy. (2) The name of such drug and the strength and quantity dispensed to the enrollee. (3) The amount paid by the enrollee for such drug. (4) The total amount paid to the pharmacy by the PBM for such drug. Such amount shall include all amounts paid to the pharmacy with respect to dispensing such drug, including fees. (5) The amount paid by the carrier to the PBM for such drug. (g) Nondiscriminatory contract (1) In general Under a PBM carrier arrangement, a PBM may not require that a pharmacy participate in a pharmacy network managed by such PBM as a condition of the pharmacy participating in another network managed by such PBM. (2) Pharmacy network defined For purposes of this subsection, the term pharmacy network means a group of pharmacies that have agreed, through a contract with a PBM or carrier, to provide prescription medications to enrollees at rates and with discounts that are specified in such contract. (h) Access to PBM contract information (1) In general Under a PBM carrier arrangement, at the request of the Office of Personnel Management, a PBM shall provide to the Office and to the Inspector General of the Office of Personnel Management full access to information relating to contracts entered into by such PBM under such arrangement (such as PBM manufacturer contracts and PBM contracts with pharmacies). Such information shall include— (A) companywide rebate receipt aging reports that cover all of the PBM’s lines of business; (B) information and methodology used to calculate and allocate rebates between the PBM’s lines of business; (C) information on average wholesale prices, wholesale acquisition costs, and maximum allowable costs; (D) information on dispensing fees paid; and (E) information and methodologies used to calculate additional administrative and service fees charged to the carrier. (2) Confidentiality Information provided by a PBM under this subsection is confidential and shall not be disclosed by the Office, except that nothing in this paragraph shall prevent— (A) a disclosure required under the Inspector General Act of 1978; or (B) any disclosure which the Office, in its sole discretion, considers necessary in order to carry out this section, if such disclosure is made in a form which does not disclose the identity of a specific PBM or carrier or the price charged for a particular prescription drug. (3) Exemption from FOIA Any information obtained under this subsection shall be exempt from disclosure under section 552. (4) Definitions For purposes of this subsection— (A) Generic drug The term generic drug means a drug approved pursuant to an abbreviated application submitted under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)). (B) Maximum allowable cost The term maximum allowable cost means a cost that is set by a PBM as the upper payment limit on the ingredient costs for a generic drug. (C) Wholesale acquisition cost The term wholesale acquisition cost means a publicly available list price for sales of a drug by a manufacturer to a wholesaler. (i) Treatment of non-Compliance (1) In general Under a PBM carrier arrangement, a PBM that knowingly provides false information to a carrier related to a claim made to such carrier by the PBM under such arrangement shall be treated, for purposes of chapter 37 of title 31, in the same manner as a person that makes a false claim to the United States Government under section 3729 of such chapter. (2) Use of collections Any monetary penalty collected under paragraph (1) shall be deposited into the Employees Health Benefits Fund under section 8909. (3) Additional penalties Any penalties resulting from the application of paragraph (1) shall be in addition to any other penalties available to the Office of Personnel Management under law or regulation. (j) No application to community-Rated carriers The provisions of this section and section 8902(p) of this title— (1) shall apply to experience-rated carriers; and (2) shall not apply to carriers that use rates based on a per member per month capitation amount. (k) Limitation of application to prescription drugs The provisions of this section and section 8902(p) of this title shall not be construed to apply to drugs that are not prescription drugs. (l) General definitions For purposes of this section and section 8902(p) of this title: (1) Dispensing fee The term dispensing fee means a fee paid to a pharmacy for the service of filling or dispensing prescriptions and excludes any payment for the cost of the drug dispensed. (2) Drug substitution The term drug substitution means any change from one prescription drug to another prescription drug that is intended to address or treat the same illness or condition. (3) PBM carrier arrangement The term PBM carrier arrangement means a contract between a PBM and a carrier for the provision or administration of a program of prescription drug coverage under a health benefits plan under this chapter. Such a contract may provide, among other duties, for the PBM to— (A) process and pay prescription drug claims; (B) provide programs and services designed to— (i) maximize the effectiveness of prescription drugs dispensed under such plan; or (ii) contain prescription drug expenditures under such plan; and (C) engage in other activities related to the administration of such prescription drug coverage. (4) PBM manufacturer contract The term PBM manufacturer contract means a contract between a PBM and a prescription drug manufacturer for the provision of prescription drugs to enrollees of health benefits plans with prescription drug coverage that is administered or provided by the PBM. (5) Pharmacy benefit manager; PBM The terms pharmacy benefit manager and PBM mean an entity that contracts with a carrier to provide or administer prescription drug coverage under a health benefits plan under this chapter. . (c) Clerical amendment The table of sections for chapter 89 of title 5, United States Code, is amended by adding at the end the following: 8915. Requirements for PBM arrangements. . (d) Effective Date; waiver; regulations (1) Effective date The amendments made by this section shall apply to contract years beginning on or after January 1, 2014. (2) Waiver The Office of Personnel Management may waive the application of 1 or more of the requirements of section 8915 of title 5, United States Code, but only for contract year 2014. (3) Expediting implementation of regulations Not later than 6 months after the date of the enactment of this Act, the Office of Personnel Management shall issue interim final regulations to carry out this section which may be effective and final immediately on an interim basis as of the date of publication of such regulations. If the Office provides for an interim final regulation, the Office shall provide for a period of public comment on such regulation after the date of publication. The Office may change or revise such regulation after completion of the period of public comment.

https://www.govinfo.gov/content/pkg/BILLS-113hr1367ih/xml/BILLS-113hr1367ih.xml

113-hr-1368

I 113th CONGRESS 1st Session H. R. 1368 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mrs. Carolyn B. Maloney of New York (for herself and Ms. Schwartz ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To assist States in providing voluntary high-quality universal prekindergarten programs and programs to support infants and toddlers. 1. Short title This Act may be cited as the Prepare All Kids Act of 2013 . 2. High-quality prekindergarten programs Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended— (1) by redesignating part I as part J; and (2) by inserting after part H the following: I High-quality prekindergarten programs 1841. Findings Congress makes the following findings: (1) Investments in children and early childhood development education should be a national priority. (2) State-funded preschool is the most rapidly expanding segment of the United States educational system, but in many States a lack of stable funding poses an enormous threat to the provision or continuation of high-quality preschool. (3) Researchers, educators, and economists have long noted an achievement gap for low-income and minority students as compared to their more advantaged peers that is often already evident when children enter school for the first time. (4) One study showed that before entering kindergarten, the average cognitive scores of preschool-age children in the highest socioeconomic group are 60 percent above the average scores of preschool-age children in the lowest socioeconomic group. (5) For low-income preschoolers, research shows that high-quality early education and development is vital to closing the achievement gap between them and their more advantaged peers. (6) Numerous studies have shown that high-quality preschool programs— (A) improve a number of specific life outcomes for children; and (B) are cost-effective. (7) The provision of high-quality prekindergarten is a cost-effective investment for children and for the Nation. Research shows that for every $1 invested in high-quality early childhood programs, taxpayers save up to $7 in crime, welfare, remedial and special education, and other costs. (8) High-quality early education increases academic success for schoolchildren who received that education by— (A) improving skills in areas such as following directions and problem solving; (B) improving students' performance on standardized tests; (C) reducing grade repetition; (D) reducing the number of students placed in special education; and (E) increasing secondary school graduation rates. (9) High-quality early education promotes responsible behavior by teens and adults who received that education by— (A) reducing crime, delinquency, and unhealthy behaviors such as smoking and drug use; (B) lowering rates of teen pregnancy; (C) leading to greater employment and higher wages for adults; and (D) contributing to more stable families. (10) High-quality prekindergarten programs prepare children to— (A) succeed in school; (B) achieve higher levels of education; and (C) become citizens who— (i) earn more in adulthood; (ii) compete in the global economy; and (iii) contribute to our national prosperity. (11) The gap in developmental progress prior to preschool is significant for thousands of young children, and needs to be addressed in order to have a strong foundation for children’s progress in preschool and later years. 1842. Definitions In this part: (1) Child The term child means an individual between the ages of birth and the legal entry age for which the State provides free kindergarten. (2) Full-day The term full-day means a school day that is equivalent to a full school day at the public elementary schools in the State. (3) Poverty line The term poverty line has the meaning given the term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) and includes any revision required by that section. (4) Prekindergarten program The term prekindergarten program means a program that— (A) serves children who have attained the State's legal age for State-funded prekindergarten; (B) addresses all domains, including children’s cognitive, social, emotional, and physical development and approaches to learning; and (C) helps prepare such children for a successful transition to kindergarten. (5) Prekindergarten teacher The term prekindergarten teacher means an individual who teaches in a prekindergarten program and— (A) has a baccalaureate degree with a specialization in early childhood education or early childhood development; or (B) during the 6-year period following the first date on which the individual is employed as a teacher in a prekindergarten program assisted under this part, is working toward such degree. (6) Qualified prekindergarten provider The term qualified prekindergarten provider includes a provider of a prekindergarten program, a Head Start agency, a provider of a child care program, a school, or other entities providing prekindergarten services for eligible children that— (A) is in existence on the date of the qualification determination; (B) has demonstrated experience in providing early childhood education services to children; and (C) has met applicable requirements under State or local law that are designed to protect the health and safety of children and that are applicable to child care providers, or similar health and safety standards for public elementary and secondary schools. (7) State Advisory Council on Early Childhood Education and Care The term State Advisory Council on Early Childhood Education and Care means the State Advisory Council on Early Childhood Education and Care designated or established under section 642B of the Head Start Act ( 42 U.S.C. 9837b ) for a State. 1843. Program authorization (a) Prekindergarten incentive fund The Secretary of Education, in collaboration and consultation with the Secretary of Health and Human Services, shall create a Prekindergarten Incentive Fund, to be administered by the Secretary of Education. (b) Grants In administering the Fund, the Secretary shall award grants to eligible States based on a formula established by the Secretary in accordance with subsection (c), to pay for the Federal share of the cost of awarding subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high-quality full-day prekindergarten programs. (c) Minimum allotment No State shall receive a grant allotment under subsection (b) for a fiscal year that is less than one-half of 1 percent of the total amount made available to carry out this part for such fiscal year. 1844. State applications and requirements (a) Designated state agency To be eligible to receive a grant under this part, a State shall designate a State agency to administer the State program of assistance for prekindergarten programs funded through the grant, including receiving and administering funds and monitoring the programs. (b) State application In order for a State to be eligible to receive a grant under this part, the designated State agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including— (1) an assurance that the State will award subgrants for prekindergarten programs in amounts that are sufficient to provide a high-quality prekindergarten experience; (2) an assurance that not less than 25 percent of the qualified prekindergarten providers receiving such subgrants will be providers of community-based programs; (3) a description of the number of children in the State who are eligible for the prekindergarten programs and the needs that will be served through the prekindergarten programs; (4) a description of how the State will ensure that the subgrants are awarded to a wide range of types of qualified prekindergarten providers; (5) a description of how the designated State agency will collaborate and coordinate activities with the State Advisory Council on Early Childhood Education and Care, State-funded providers of prekindergarten programs, providers of federally funded programs such as Head Start agencies, local educational agencies, and child care providers; (6) a description of how the State will ensure, through a monitoring process, that qualified prekindergarten providers receiving the subgrants provide prekindergarten programs that meet the standards of high-quality early education, and use funds appropriately; (7) a description of how the State will meet the needs of the most disadvantaged students, including families at or below 200 percent of the poverty line; (8) a description of how the State will meet the needs of working parents; and (9) a description of how the State will assist in providing professional development assistance to prekindergarten teachers and teacher aides. (c) State and Federal contributions (1) Federal share The Federal share of the cost described in section 1843(b) shall be 50 percent. The State shall provide the non-Federal share of the cost in cash. (2) Non-Federal share The State shall provide the non-Federal share of the cost described in section 1843(b) in cash. A State may include, as the State's non-Federal share, State funds designated for State prekindergarten programs or to supplement Head Start programs, but may not include any funds that are attributed as matching funds, as part of a non-Federal share, or as a maintenance of effort requirement, for any other Federal program. (d) Supplementary Federal funding Funds made available under this part may be used only to supplement and not supplant other Federal, State, local, or private funds that would, in the absence of the funds made available under this part, be made available for early childhood programs. (e) Maintenance of effort A State that receives a grant under this part for a fiscal year shall maintain the expenditures of the State for early childhood programs at a level not less than the level of such expenditures of the State for the preceding fiscal year. 1845. State set asides and expenditures (a) Infant and toddler set aside Notwithstanding section 1843, a State shall set aside not less than 15 percent of the funds made available through a grant awarded under this part for the purpose of funding high-quality early childhood development programs for children from birth through age 3. Funds made available under this subsection may also be used for professional development for teachers and teacher aides in classrooms for children from birth through age 3. (b) Extended day and extended year set aside Notwithstanding section 1843, a State shall set aside not less than 10 percent of the funds made available through a grant awarded under this part for the purpose of extending the hours of early childhood development programs to create extended day and extended year programs. (c) Administrative expenses Not more than 5 percent of the funds made available through a grant awarded under this part may be used for administrative expenses, including monitoring. 1846. Local applications To be eligible to receive a subgrant under this part, a qualified prekindergarten provider shall submit an application to the designated State agency at such time, in such manner, and containing such information as the agency may reasonably require, including— (1) a description of how the qualified prekindergarten provider will meet the diverse needs of children in the community to be served, including children with disabilities, children whose native language is not English, children with other special needs, children in the State foster care system, and homeless children; (2) a description of how the qualified prekindergarten provider will serve eligible children who are not served through similar services or programs; (3) a description of a plan for actively involving parents and families in the prekindergarten program and the success of their children in the program; (4) a description of how children in the prekindergarten program, and their parents and families, will receive referrals to, or assistance with, accessing supportive services provided within the community; (5) a description of how the qualified prekindergarten provider collaborates with the State Advisory Council on Early Childhood Education and Care and providers of other programs serving children and families, including Head Start agencies, providers of child care programs, and local educational agencies, to meet the needs of children, families, and working families, as appropriate; and (6) a description of how the qualified prekindergarten provider will collaborate with local educational agencies to ensure a smooth transition for participating students from the prekindergarten program to kindergarten and early elementary education. 1847. Local prekindergarten program requirements (a) Mandatory uses of funds A qualified prekindergarten provider that receives a subgrant under this part shall use funds received through the grant to establish, expand, or enhance prekindergarten programs for children who are ages 3 through 5, including— (1) providing a prekindergarten program that supports children’s cognitive, social, emotional, and physical development and approaches to learning, and helps prepare children for a successful transition to kindergarten; and (2) purchasing educational equipment, including educational materials, necessary to provide a high-quality prekindergarten program. (b) Permissible use of funds A qualified prekindergarten provider that receives a subgrant under this part may use funds received through the grant to— (1) extend part-day prekindergarten programs to full-day prekindergarten programs and year-round programs; (2) pay for transporting students to and from a prekindergarten program; and (3) provide professional development assistance to prekindergarten teachers and teacher aides. (c) Program requirements A qualified prekindergarten provider that receives a subgrant under this part shall carry out a high-quality prekindergarten program by— (1) maintaining a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom; (2) ensuring that the ratio of children to prekindergarten teachers and teacher aides shall not exceed 10 to 1; (3) utilizing a prekindergarten curriculum that is research- and evidence-based, developmentally appropriate, and designed to support children’s cognitive, social, emotional, and physical development, and approaches to learning; and (4) ensuring that prekindergarten teachers meet the requirements of this part. 1848. Reporting (a) Qualified prekindergarten provider reports Each qualified prekindergarten provider that receives a subgrant from a State under this part shall submit an annual report, to the designated State agency, that reviews the effectiveness of the prekindergarten program provided. Such annual report shall include— (1) data specifying the number and ages of enrolled children, and the family income, race, gender, disability, and native language of such children; (2) a description of— (A) the curriculum used by the program; (B) how the curriculum supports the enrolled children’s cognitive, social, emotional, and physical development and approaches to learning; and (C) how the curriculum is appropriate for children of the culture, language, and ages of the children served; and (3) a statement of all sources of funding received by the program, including Federal, State, local, and private funds. (b) State reports Each State that receives a grant under this part shall submit an annual report to the Secretary detailing the effectiveness of all prekindergarten programs funded under this part in the State. (c) Report to congress The Secretary shall submit an annual report to Congress that describes the State programs of assistance for prekindergarten programs funded under this part. 1849. Prohibited use of assessments for young children Funds available under this part, including funds provided as the non-Federal share required under section 1844(c)(2), may not be used for assessments of children in prekindergarten programs or early childhood development programs for any of the following: (a) Assessments that provide or lead to rewards or sanctions for individual children, teachers, programs, or schools. (b) A single assessment used as the primary or sole method for assessing program effectiveness. (c) Evaluating children other than for— (1) improving instruction or classroom environment; (2) targeting high-quality, evidence-based professional development; (3) determining the need for health, mental health, disability, or family support services; (4) informing the quality improvement process at the State level; (5) program evaluation for the purposes of program improvement and parent information; or (6) research conducted as part of a national evaluation. 1850. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2014 through 2018. . 3. Conforming amendments (a) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended— (1) by striking the item relating to the part heading for part I of title I and inserting the following: Part J—General Provisions ; and (2) by inserting after the item relating to section 1830 the following: Part I—High-Quality Prekindergarten Programs Sec. 1841. Findings. Sec. 1842. Definitions. Sec. 1843. Program authorization. Sec. 1844. State applications and requirements. Sec. 1845. State set asides and expenditures. Sec. 1846. Local applications. Sec. 1847. Local prekindergarten program requirements. Sec. 1848. Reporting. Sec. 1849. Prohibited use of assessments for young children. Sec. 1850. Authorization of appropriations. . (b) Conforming provisions Sections 1304(c)(2) and 1415(a)(2)(C) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6394(c)(2) , 6435(a)(2)(C)) are each amended by striking part I and inserting part J .

https://www.govinfo.gov/content/pkg/BILLS-113hr1368ih/xml/BILLS-113hr1368ih.xml

113-hr-1369

I 113th CONGRESS 1st Session H. R. 1369 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Ellison , Ms. Norton , Mr. Capuano , Mr. Moran , Mr. Rush , Ms. Tsongas , Mr. Lynch , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the sale of a firearm to, and the purchase of a firearm by, a person who is not covered by appropriate liability insurance coverage. 1. Short title This Act may be cited as the Firearm Risk Protection Act of 2013 . 2. Prohibitions on sale of firearm to, and purchase of firearm by, a person not covered by appropriate liability insurance (a) Prohibitions Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) (A) (i) It shall be unlawful for a person to purchase a firearm unless, at the time of the purchase, the purchaser presents to the seller proof that the purchaser is covered by a qualified liability insurance policy. (ii) It shall be unlawful for a person to sell a firearm unless, at the time of the sale, the seller verifies that the purchaser is covered by a qualified liability insurance policy. (iii) It shall be unlawful for a person who owns a firearm purchased on or after the effective date of this subsection not to be covered by a qualified liability insurance policy. (B) Subparagraph (A) shall not apply to the purchase or sale of a firearm for the use of the United States or any department or agency of the United States, or any State or any department, agency, or political subdivision of a State. (2) In paragraph (1), the term qualified liability insurance policy means, with respect to the purchaser of a firearm, a policy that— (A) provides liability insurance covering the purchaser specifically for losses resulting from use of the firearm while it is owned by the purchaser; and (B) is issued by an insurer licensed or authorized to provide the coverage by the State insurance regulatory authority for the State in which the purchaser resides. . (b) Penalty Section 924 of such title is amended by adding at the end the following: (q) Whoever violates section 922(aa) shall be fined not more than $10,000. . (c) Effective date The amendments made by this section shall apply to conduct engaged in after the 180-day period that begins with the date of the enactment of this Act.

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113-hr-1370

I 113th CONGRESS 1st Session H. R. 1370 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Markey (for himself, Mr. Cummings , and Mr. Rush ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require a site operator of an international travel Web site to provide information on its Web site to consumers regarding the potential health and safety risks associated with overseas vacation destinations marketed on its Web site. 1. Short title This Act may be cited as the International Travelers Bill of Rights Act of 2013 . 2. Definitions In this Act: (1) Site operator The term site operator means an individual or entity that operates a Web site that provides access to international travel services. Such term includes an overseas vacation destination or a third party that operates a Web site that offers international travel services. (2) Commission The term Commission means the Federal Trade Commission. (3) International travel services The term international travel services means a service that a consumer can use to reserve lodging at an overseas vacation destination. (4) Overseas vacation Destination The term overseas vacation destination means a resort, hotel, retreat, hostel, or any other similar lodging located outside the United States. (5) United States The term United States means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 3. Providing information regarding the potential health and safety risks associated with overseas vacation destinations (a) In general A site operator, in a manner in compliance with regulations issued by the Commission and with the requirements of this Act, shall provide information on its Web site to consumers in a clear and conspicuous manner regarding the potential health and safety risks associated with overseas vacation destinations marketed on its Web site, if any, including the following: (1) Information compiled by the Department of State, including Department of State country-specific travel warnings and alerts. (2) Information regarding the onsite health and safety services that are available to consumers at each overseas vacation destination, including whether the destination— (A) employs or contracts with a physician or nurse on the premises to provide medical treatment for guests; (B) employs or contracts with personnel, other than a physician, nurse, or lifeguard, on the premises who are trained in car­dio­pul­mo­nary resuscitation; (C) has an automated external defibrillator and employs or contracts with 1 or more individuals on the premises trained in its use; and (D) employs or contracts with 1 or more lifeguards on the premises trained in car­dio­pul­mo­nary resuscitation, if the overseas vacation destination has swimming pools or other water-based activities on its premises, or in areas under its control for use by guests. (b) Services not available 24 hours a day If the onsite health and safety services at an overseas vacation destination are not available 24 hours a day, 7 days a week, the site operator shall display the hours and days of availability on its Web site in a clear and conspicuous manner. (c) Information not available If the onsite health and safety services described in subsection (a)(2) are not available at an overseas vacation destination, or if the site operator does not possess information on the onsite health and safety services required to be displayed on its Web site, the site operator shall display in a clear and conspicuous manner the following: This destination does not provide certain health and safety services, or information regarding such services is not available. Travel to this destination may pose an increased risk to your health or safety. . 4. Consumer Complaints (a) Suspension A site operator shall establish a process under which an overseas vacation destination will be suspended from its Web site as a result of complaints from consumers to the site operator regarding poor medical care, unsafe or unsanitary facilities, or other health-related issues with respect to such destination. (b) Public availability A site operator shall make all complaints submitted by consumers publicly available on its Web site and may modify the contents of such complaints at the request of the complainant or may remove offensive language and personal identification information. 5. Enforcement (a) In general A violation of any provision of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (b) Deadline for issuance of regulations The Commission shall issue regulations to carry out this Act not later than 6 months after the date of the enactment of this Act.

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113-hr-1371

I 113th CONGRESS 1st Session H. R. 1371 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. McCollum (for herself and Mr. Cole ) introduced the following bill; which was referred to the Committee on the Budget A BILL To restore to the Indian Health Service funds sequestered under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 to the extent that the percentage reduction for that program exceeded 2 percent. 1. Partial restoration of sequestered funds to the Indian Health Service That portion of the budgetary resources for fiscal year 2013 for the Indian Health Service that was cancelled under the sequestration order under section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 and that exceeded 2 percent is hereby restored. The President shall revise such order only for the accounts for such budgetary resources to the extent necessary to carry out the previous sentence.

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113-hr-1372

I 113th CONGRESS 1st Session H. R. 1372 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Michaud (for himself, Ms. Pingree of Maine , and Mr. Welch ) 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 Veterans Affairs to establish a registry of certain veterans who were stationed at or underwent training at Canadian Forces Base Gagetown, New Brunswick, Canada, and for other purposes. 1. Canadian Forces Base Gagetown Registry (a) Establishment Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish and maintain a special record to be known as the Canadian Forces Base Gagetown Health Registry (in this section referred to as the Registry ). (b) Contents Except as provided in subsection (c), the Registry shall include the following information: (1) A list containing the name of each individual who, while serving as a member of the Armed Forces, was stationed at or underwent training at Canadian Forces Base Gagetown, New Brunswick, Canada, at any time during the period beginning January 1, 1956, and ending on December 31, 2006, and who— (A) applies for care or services from the Department of Veterans Affairs under chapter 17 of title 38, United States Code; (B) files a claim for compensation under chapter 11 of such title on the basis of any disability which may be associated with such service; (C) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such service; (D) requests from the Secretary a health examination under subsection (d); or (E) receives from the Secretary a health examination similar to the health examination referred to in subparagraph (D) and requests inclusion in the Registry. (2) Relevant medical data relating to the health status of, and other information that the Secretary considers relevant and appropriate with respect to, each individual described in paragraph (1) who— (A) grants to the Secretary permission to include such information in the Registry; or (B) at the time the individual is listed in the Registry, is deceased. (c) Individuals Submitting Claims or Making Requests Before Date of Enactment If in the case of an individual described in subsection (b)(1) the application, claim, or request referred to in such subsection was submitted, filed, or made, before the date of the enactment of this Act, the Secretary shall, to the extent feasible, include in the Registry such individual's name and the data and information, if any, described in subsection (b)(2) relating to the individual. (d) Examinations Upon the request of a veteran who was stationed at or underwent training at Canadian Forces Base Gagetown at any time during the period beginning January 1, 1956, and ending on December 31, 2006, the Secretary shall provide the veteran with a health examination (including any appropriate diagnostic tests) and consultation and counseling with respect to the results of the examination and the tests. (e) Outreach (1) Ongoing outreach to individuals listed in Registry The Secretary shall, from time to time, notify individuals listed in the Registry of significant developments in research on the health consequences of potential exposure to a toxic substance or environmental hazard related to service at Canadian Forces Base Gagetown. (2) Examination outreach The Secretary shall carry out appropriate outreach activities with respect to the provision of any health examinations (including any diagnostic tests) and consultation and counseling services under subsection (d). (f) Department of Defense Information The Secretary of Defense shall furnish to the Secretary of Veterans Affairs such information maintained by the Secretary of Defense as the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry. (g) Annual report Not later than two years after the date of the enactment of this Act, and each year thereafter, 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 Registry, including— (1) the number of veterans included in the Registry; (2) any trends that exist with respect to veterans included in the Registry and claims for compensation under chapters 11 or 13 of title 38, United States Code; (3) a description of the outreach efforts made by the Secretary under subsection (e) during the period covered by the report; and (4) such other information as the Secretary considers appropriate.

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113-hr-1373

I 113th CONGRESS 1st Session H. R. 1373 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. George Miller of California (for himself, Mr. Rahall , Mr. Courtney , Ms. Shea-Porter , Mr. Holt , Mr. Yarmuth , Mr. Andrews , Mr. Grijalva , Mr. Nadler , Mr. Langevin , Mr. Schiff , Mr. Visclosky , Mr. Honda , Mr. Ryan of Ohio , Mr. Blumenauer , Ms. Slaughter , Mr. Conyers , and Mr. Enyart ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve compliance with mine safety and health laws, empower miners to raise safety concerns, prevent future mine tragedies, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Robert C. Byrd Mine Safety Protection 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. References. Title I—Additional inspection and investigation authority Sec. 101. Independent accident investigations. Sec. 102. Subpoena authority and miner rights during inspections and investigations. Sec. 103. Designation of miner representative. Sec. 104. Additional amendments relating to inspections and investigations. Title II—Enhanced enforcement authority Sec. 201. Technical amendment. Sec. 202. Procedures and criteria for determining a pattern of violations. Sec. 203. Injunctive authority. Sec. 204. Revocation of approval of plans. Sec. 205. Challenging a decision to approve, modify, or revoke a coal or other mine plan. Sec. 206. GAO Study on MSHA Mine Plan Approval. Title III—Penalties Sec. 301. Civil penalties. Sec. 302. Civil and criminal liability of officers, directors, and agents. Sec. 303. Criminal penalties. Sec. 304. Commission review of penalty assessments. Sec. 305. Delinquent payments and prejudgment interest. Title IV—Miners’ Rights and Protections Sec. 401. Protection from retaliation. Sec. 402. Protection from loss of pay. Sec. 403. Underground coal miner employment standard for mines placed in pattern of violations status. Title V—Modernizing health and safety standards Sec. 501. Pre-shift review of mine conditions. Sec. 502. Rock dust standards. Sec. 503. Atmospheric monitoring systems. Sec. 504. Technology related to respirable dust. Sec. 505. Refresher training on miners’ rights and responsibilities. Sec. 506. Authority to mandate additional training. Sec. 507. Brookwood-Sago Mine Safety Grants. Sec. 508. Certification of personnel. Sec. 509. Electronic records requirement. Title VI—Additional mine safety provisions Sec. 601. Definitions. Sec. 602. Assistance to States. Sec. 603. Black lung medical reports. Sec. 604. Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health. Sec. 605. Rules of application to certain mines. Sec. 606. Double encumbrance; succession plan. 2. References Except as otherwise expressly provided, whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.). I Additional inspection and investigation authority 101. Independent accident investigations (a) In general Section 103(b) (30 U.S.C. 813(b)) is amended by striking (b) For the purpose and inserting the following: (b) Accident investigations (1) In general For all accident investigations under this Act, the Secretary shall— (A) determine why the accident occurred; (B) determine whether there were violations of law, mandatory health and safety standards, or other requirements, and if there is evidence of conduct that may constitute a violation of Federal criminal law, the Secretary may refer such evidence to the Attorney General; and (C) make recommendations to avoid any recurrence. (2) Independent accident investigations (A) In general There shall be, in addition to an accident investigation under paragraph (1), an independent investigation by an independent investigation panel (referred to in this subsection as the Panel ) appointed under subparagraph (B) for— (i) any accident involving 3 or more deaths; or (ii) any accident that is of such severity or scale for potential or actual harm that, in the opinion of the Secretary of Health and Human Services, the accident merits an independent investigation. (B) Appointment (i) In general As soon as practicable after an accident described in subparagraph (A), the Secretary of Health and Human Services shall appoint 5 members for the Panel required under this paragraph from among individuals who have expertise in accident investigations, mine engineering, or mine safety and health that is relevant to the particular investigation. (ii) Chairperson The Panel shall include, and be chaired by, a representative from the Office of Mine Safety and Health Research, of the National Institute for Occupational Safety and Health (referred to in this subsection as NIOSH). (iii) Conflicts of interest Panel members, and staff and consultants assisting the Panel with an investigation, shall be free from conflicts of interest with regard to the investigation, and be subject to the same standards of ethical conduct for persons employed by the Secretary. (iv) Composition The Secretary of Health and Human Services shall appoint as members of the Panel— (I) 1 operator of a mine or individual representing mine operators, and (II) 1 representative of a labor organization that represents miners, and may not appoint more than 1 of either such individuals as members of the Panel. (v) Staff and expenses The Director of NIOSH shall designate NIOSH staff to facilitate the work of the Panel. The Director may accept as staff personnel on detail from other Federal agencies or re-employ annuitants. The detail of personnel under this paragraph may be on a non-reimbursable basis, and such detail shall be without interruption or loss of civil service status or privilege. The Director of NIOSH shall have the authority to procure on behalf of the Panel such materials, supplies or services, including technical experts, as requested in writing by a majority of the Panel. (vi) Compensation and travel All members of the Panel who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Each Panel member who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of duties of the Panel. The members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 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 Panel. (C) Duties The Panel shall— (i) assess and identify any factors that caused the accident, including deficiencies in safety management systems, regulations, enforcement, industry practices or guidelines, or organizational failures; (ii) identify and evaluate any contributing actions or inactions of— (I) the operator; (II) any contractors or other persons engaged in mining-related functions at the site; (III) any State agency with oversight responsibilities; (IV) any agency or office within the Department of Labor; (V) the Federal Mine Safety and Health Review Commission; or (VI) any other person or entity (including equipment manufacturers); (iii) review the determinations and recommendations by the Secretary under paragraph (1); (iv) prepare a report that— (I) includes the findings regarding the causal factors described in clauses (i) and (ii); (II) identifies any strengths and weaknesses in the Secretary’s investigation; and (III) includes recommendations, including interim recommendations where appropriate, to industry, labor organizations, State and Federal agencies, or Congress, regarding policy, regulatory, enforcement, administrative, or other changes, which in the judgment of the Panel, would prevent a recurrence at other mines; and (v) publish such findings and recommendations (excluding any portions which the Attorney General requests that the Secretary withhold in relation to a criminal referral) and hold public meetings to inform the mining community and families of affected miners of the Panel's findings and recommendations. (D) Hearings; applicability of certain Federal law The Panel shall have the authority to conduct public hearings or meetings, but shall not be subject to the Federal Advisory Committee Act. All public hearings of the Panel shall be subject to the requirements under section 552b of title 5, United States Code. (E) Memorandum of Understanding Not later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary of Labor and the Secretary of Health and Human Services shall conclude and publically issue a memorandum of understanding that— (i) outlines administrative arrangements which will facilitate a coordination of efforts between the Secretary of Labor and the Panel, ensures that the Secretary's investigation under paragraph (1) is not delayed or otherwise compromised by the activities of the Panel, and establishes a process to resolve any conflicts between such investigations; (ii) ensures that Panel members or staff will be able to participate in investigation activities (such as mine inspections and interviews) related to the Secretary of Labor’s investigation and will have full access to documents that are assembled or produced in such investigation, and ensures that the Secretary of Labor will make all of the authority available to such Secretary under this section to obtain information and witnesses which may be requested by such Panel; and (iii) establishes such other arrangements as are necessary to implement this paragraph. (F) Procedures Not later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary of Health and Human Services shall establish procedures to ensure the consistency and effectiveness of Panel investigations. In establishing such procedures, such Secretary shall consult with independent safety investigation agencies, sectors of the mining industry, representatives of miners, families of miners involved in fatal accidents, State mine safety agencies, and mine rescue organizations. Such procedures shall include— (i) authority for the Panel to use evidence, samples, interviews, data, analyses, findings, or other information gathered by the Secretary of Labor, as the Panel determines valid; (ii) provisions to ensure confidentiality if requested by any witness, to the extent permitted by law, and prevent conflicts of interest in witness representation; and (iii) provisions for preservation of public access to the Panel’s records through the Secretary of Health and Human Services. (G) Subpoenas; witnesses; contempt (i) Subpoena authority For the purpose of making any investigation of any accident or other occurrence relating to health or safety in a coal or other mine under this paragraph, the Director of the National Institute for Occupational Safety and Health shall at the request of a majority of the Panel or upon his own initiative sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (ii) Contumacy In case of contumacy or refusal to obey a subpoena served upon any person under this section, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Director or Panel, or to appear and produce documents before the Director or Panel, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (iii) Additional investigative authority In carrying out inspections and investigations under this subsection, the staff of the Director or Panel and attorneys representing the Director or Panel are authorized to question any individual privately. Under this subparagraph, any individual who is willing to speak with or provide a statement to the Director or Panel’s staff or their attorneys, may do so without the presence, involvement, or knowledge of the operator or the operator's agents or attorneys. The Director or Panel shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. (H) Authorization of appropriations There is authorized to be appropriated to carry out this subsection such sums as may be necessary. (3) Powers and processes For the purpose . (b) Reporting requirements Section 511(a) ( 30 U.S.C. 958(a) ) is amended by inserting after 501, the following: the status of implementation of recommendations from each independent investigation panel under section 103(b) received in the preceding 5 years . 102. Subpoena authority and miner rights during inspections and investigations Section 103(b) (as amended by section 101) ( 30 U.S.C. 813(b) ) is further amended by adding at the end the following: (4) Additional powers For purposes of making inspections and investigations, the Secretary or the Secretary’s designee, may sign and issue subpoenas for the attendance and testimony of witnesses and the production of information, including all relevant data, papers, books, documents, and items of physical evidence, and administer oaths. Witnesses summoned shall be paid the same fees that are paid witnesses in the courts of the United States. In carrying out inspections and investigations under this subsection, authorized representatives of the Secretary and attorneys representing the Secretary are authorized to question any individual privately. Under this section, any individual who is willing to speak with or provide a statement to such authorized representatives or attorneys representing the Secretary may do so without the presence, involvement, or knowledge of the operator or the operator’s agents or attorneys. The Secretary shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. . 103. Designation of miner representative Section 103(f) ( 30 U.S.C. 813(f) ) is amended by inserting before the last sentence the following: If any miner is entrapped, disabled, killed, or otherwise prevented as the result of an accident in such mine from designating such a representative directly, such miner’s closest relative may act on behalf of such miner in designating such a representative. If any miner is not currently working in such mine as the result of an accident in such mine, but would be currently working in such mine but for such accident, such miner may designate such a representative. A representative of miners shall have the right to participate in any accident investigation the Secretary initiates pursuant to subsection (b), including the right to participate in investigative interviews and to review all relevant papers, books, documents and records produced in connection with the accident investigation, unless the Secretary, in consultation with the Attorney General, excludes such representatives from the investigation on the grounds that inclusion would interfere with or adversely impact a criminal investigation that is pending or under consideration. . 104. Additional amendments relating to inspections and investigations (a) Hours of inspections Section 103(a) ( 30 U.S.C. 813(a) ) is amended by inserting after the third sentence the following: Such inspections shall be conducted during the various shifts and days of the week during which miners are normally present in the mine to ensure that the protections of this Act are afforded to all miners working all shifts. . (b) Review of mine pattern of violations status Section 103(a) is further amended by inserting before the last sentence the following: The Secretary shall, upon request by an operator, review with the appropriate mine officials the Secretary’s most recent evaluation for pattern of violations status (as provided in section 104(e)) for that mine during the course of a mine’s regular quarterly inspection of an underground mine or a biannual inspection of a surface mine, or, at the discretion of the Secretary, during the pre-inspection conference. . (c) Injury and illness reporting Section 103(d) ( 30 U.S.C. 813(d) ) is amended by striking the last sentence and inserting the following: The records to be kept and made available by the operator of the mine shall include man-hours worked and occupational injuries and illnesses with respect to the miners in their employ or under their direction or authority, and shall be maintained separately for each mine and be reported at a frequency determined by the Secretary, but at least annually. Independent contractors (within the meaning of section 3(d)) shall be responsible for reporting accidents, occupational injuries and illnesses, and man-hours worked for each mine with respect to the miners in their employ or under their direction or authority, and shall be reported at a frequency determined by the Secretary, but at least annually. Reports or records of operators and contractors required and submitted to the Secretary under this subsection shall be signed and certified as accurate and complete by a knowledgeable and responsible person possessing a certification, registration, qualification, or other approval, as provided for under section 118. Knowingly falsifying such records or reports shall be grounds for revoking such certification, registration, qualification, or other approval under the standards established under subsection (b)(1) of such section. . (d) Orders following an accident Section 103(k) ( 30 U.S.C. 813(k) ) is amended by striking , when present, . (e) Conflict of interest in the representation of miners Section 103(a) (30 U.S.C. 813(a)) is amended by adding at the end the following: During inspections and investigations under this section, and during any litigation under this Act, no attorney shall represent or purport to represent both the operator of a coal or other mine and any other individual, unless such individual has knowingly and voluntarily waived all actual and reasonably foreseeable conflicts of interest resulting from such representation. The Secretary is authorized to take such actions as the Secretary considers appropriate to ascertain whether such individual has knowingly and voluntarily waived all such conflicts of interest. If the Secretary finds that such an individual cannot be represented adequately by such an attorney due to such conflicts of interest, the Secretary may petition the appropriate United States District Court which shall have jurisdiction to disqualify such attorney as counsel to such individual in the matter. The Secretary may make such a motion as part of an ongoing related civil action or as a miscellaneous action. . II Enhanced enforcement authority 201. Technical amendment Section 104(d)(1) (30 U.S.C. 814(d)(1)) is amended— (1) in the first sentence— (A) by striking any mandatory health or safety standard and inserting any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act ; and (B) by striking such mandatory health or safety standards and inserting such provisions, regulations, or mandatory health or safety standards ; and (2) in the second sentence, by striking any mandatory health or safety standard and inserting any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act, . 202. Procedures and criteria for determining a pattern of violations Part 104 of chapter I of title 30, Code of Federal Regulations, as revised by the Federal Mine Safety and Health Administration and published at 78 Federal Register 5073 (January 23, 2013) shall have the force and effect of law and shall remain in effect subject to an Act of Congress. 203. Injunctive authority Section 108(a)(2) ( 30 U.S.C. 818(a)(2) ) is amended by striking a pattern of violation of and all that follows and inserting a course of conduct that in the judgment of the Secretary constitutes a continuing hazard to the health or safety of miners, including violations of this Act or of mandatory health and safety standards or regulations under this Act. . 204. Revocation of approval of plans Section 105 ( 30 U.S.C. 815 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) Revocation of approval of plans (1) Revocation If the Secretary finds that any program or plan of an operator, or part thereof, that was approved by the Secretary under this Act is based on inaccurate information or that circumstances that existed when such plan was approved have materially changed and that continued operation of such mine under such plan constitutes a hazard to the safety or health of miners, the Secretary shall revoke the approval of such program or plan. (2) Withdrawal orders Upon revocation of the approval of a program or plan under subsection (a), the Secretary may immediately issue an order requiring the operator to cause all persons, except those persons referred to in section 104(c), to be withdrawn from such mine or an area of such mine, and to be prohibited from entering such mine or such area, until the operator has submitted and the Secretary has approved a new plan. . 205. Challenging a decision to approve, modify, or revoke a coal or other mine plan Section 105(e) (as redesignated by section 204(1)) ( 30 U.S.C. 815(e) ) is amended by adding at the end the following: In any proceeding in which a party challenges the Secretary’s decision whether to approve, modify, or revoke a coal or other mine plan under this Act, the Commission shall affirm the Secretary’s decision unless the challenging party establishes that such decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. . 206. GAO Study on MSHA Mine Plan Approval Not later than 1 year after the date of enactment of this Act, the Comptroller General shall provide a report to Congress on the timeliness of the Mine Safety and Health Administration’s approval of underground coal mines’ required plans and plan amendments, including— (1) factors that contribute to any delays in the approval of these plans; and (2) as appropriate, recommendations for improving timeliness of plan review and for achieving prompt decisions. III Penalties 301. Civil penalties (a) Targeted penalties Section 110(b) (30 U.S.C. 820(b)) is amended by adding at the end the following: (3) A civil penalty of not more than $220,000 may be assessed for— (A) any change to a ventilation system or ventilation control in a coal or other mine, where such ventilation system or control is required by a ventilation plan, safety standard, or order, and such change is made without prior approval of the Secretary and diminishes the level of protection below the minimum requirements of the approved ventilation plan or applicable safety standard or order; (B) a violation of a mandatory health and safety standard requiring rock dusting in a coal mine; (C) a violation of the statutory prohibition on providing advance notice of an inspection; or (D) a violation of a mandatory health and safety standard requiring examinations of work areas in an underground coal mine. . (b) Increased civil penalties during pattern of violations status Section 110(b) (30 U.S.C. 820(b)) is further amended by adding at the end the following: (3) Notwithstanding any other provision of this Act, an operator of a coal or other mine that is in pattern of violations status under section 104(e) shall be assessed an increased civil penalty for any violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act. Such increased penalty shall be twice the amount that would otherwise be assessed for the violation under this Act, including the regulations promulgated under this Act, subject to the maximum civil penalty established for the violation under this Act. . (c) Civil penalty for retaliation Section 110(a) ( 30 U.S.C. 820(a) ) is further amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) If any person violates section 105(c), the Secretary shall propose, and the Commission shall assess, a civil penalty of not less than $10,000 or more than $100,000 for the first occurrence of such violation, and not less than $20,000 or more than $200,000 for any subsequent violation, during any 3-year period. . (d) Technical correction Section 110(a)(1) ( 30 U.S.C. 820(a)(1) ) is amended by inserting including any regulation promulgated under this Act, after this Act, . 302. Civil and criminal liability of officers, directors, and agents Section 110(c) ( 30 U.S.C. 820(c) ) is amended to read as follows: (c) Civil and criminal liability of officers, directors, and agents (1) Civil penalties Whenever an operator engages in conduct for which the operator is subject to civil penalties under this section, any director, officer, or agent of such operator who knowingly authorizes, orders, or carries out such conduct, or who knowingly authorizes, orders, or carries out any policy or practice that results in such conduct and having reason to believe it would so result, shall be subject to the same civil penalties under this section as if it were an operator engaging in such conduct. (2) Criminal penalties Whenever an operator engages in conduct for which the operator is subject to criminal penalties under subsection (d), any director, officer, or agent of such operator who knowingly authorizes, orders, or carries out such conduct, or who knowingly authorizes, orders, or carries out a policy or practice that results in such conduct, and knowing that it will so result, shall be subject to the same penalties under paragraphs (1) or (2) of subsection (d) as if such person were an operator engaging in such conduct. . 303. Criminal penalties (a) In general Section 110 (30 U.S.C. 820) is amended by striking subsection (d) and— (1) by inserting the following new heading: (d) Criminal penalties ; (2) by inserting after the heading (as added by paragraph (1) of this subsection), the following new paragraph: (1) In general Whoever, being an operator, knowingly— (A) violates a mandatory health or safety standard, or (B) violates or fails or refuses to comply with any order issued under section 104 or section 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)), shall, upon conviction, be fined not more than $250,000, or imprisoned for not more than 1 year, or both, except that if the operator commits the violation after having been previously convicted of a violation under this paragraph and if, the operator knows or has reason to know that such subsequent violation has the potential to expose a miner to risk of serious injury, serious illness, or death, the operator shall, upon conviction, be fined not more than $1,000,000, or imprisoned for not more than 5 years, or both. ; (3) by inserting after paragraph (1) (as added by paragraph (2) of this subsection), the following new paragraph: (2) Significant risk of serious injury, serious illness, or death Whoever, being an operator, knowingly— (A) tampers with or disables a required safety device (except with express authorization from the Secretary), (B) violates a mandatory health or safety standard, or (C) violates or fails or refuses to comply with an order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)), and thereby recklessly exposes a miner to significant risk of serious injury, serious illness, or death, shall, upon conviction, be fined not more than $1,000,000 or imprisoned for not more than 5 years, or both, except that if the operator commits the violation after having been previously convicted of a violation under this paragraph, the operator shall, upon conviction, be fined not more than $2,000,000, or imprisoned for not more than 10 years, or both. ; and (4) by inserting after paragraph (2) (as added by paragraph (3) of this subsection), the following new paragraph: (3) Criminal penalties for retaliation Whoever knowingly— (A) with the intent to retaliate, interferes with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, because any of them provides information to an authorized representative of the Secretary, to a State or local mine safety or health officer or official, or to other law enforcement officer, in reasonable belief that the information is true and related to an apparent health or safety violation, or to an apparent unhealthful or unsafe condition, policy, or practice under this Act, or (B) interferes, or threatens to interfere, with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, with the intent to prevent any of them from so providing such information, shall be fined under title 18 or imprisoned for not more than 5 years, or both. . (b) Advance notice of inspections (1) In general Section 110(e) ( 30 U.S.C. 820(e) ) is amended to read as follows: (e) Whoever knowingly, with intent to give advance notice of an inspection conducted or to be conducted under this Act, and thereby to impede, interfere with, or frustrate such inspection, engages in, or directs another person to engage in, conduct that a reasonable person would expect to result in such advance notice, shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both, except that a miner (other than a director, officer or agent of the operator involved) who commits the offense at the direction of a superior shall be fined under title 18, or imprisoned not more than 1 year, or both, unless the miner commits a second or subsequent offense under this subsection (without regard to whether the offense was committed at the direction of a superior) in which case the miner shall be fined for such second and subsequent offense under title 18, United States Code, or imprisoned for not more than 5 years, or both. . (2) Posting of advance notice penalties Section 109 ( 30 U.S.C. 819 ) is amended by adding at the end the following: (e) Posting of advance notice penalties Each operator of a coal or other mine shall post, on the bulletin board described in subsection (a) and in a conspicuous place near each staffed entrance onto the mine property, a notice stating, in a form and manner to be prescribed by the Secretary— (1) that it is unlawful pursuant to section 110(e) for any person, with the intent to impede, interfere with, or frustrate an inspection conducted or to be conducted under this Act, to engage in, or direct another person to engage in, any conduct that a reasonable person would expect to result in advance notice of such inspection; and (2) the maximum penalties for a violation under such subsection. . 304. Commission review of penalty assessments Section 110(i) ( 30 U.S.C. 820(i) ) is amended by striking In assessing civil monetary penalties, the Commission shall consider and inserting the following: In any review of a citation and proposed penalty assessment contested by an operator, the Commission shall assess not less than the penalty derived by using the same methodology (including any point system) prescribed in regulations under this Act, so as to ensure consistency in operator penalty assessments, except that the Commission may assess a penalty for less than the amount that would result from the utilization of such methodology if the Commission finds that there are extraordinary circumstances. If there is no such methodology prescribed for a citation or there are such extraordinary circumstances, the Commission shall assess the penalty by considering . 305. Delinquent payments and prejudgment interest (a) Pre-Final order interest Section 110(j) ( 30 U.S.C. 820(j) ) is amended by striking the second and third sentences and inserting the following: Pre-final order interest on such penalties shall begin to accrue on the date the operator contests a citation issued under this Act, including any mandatory health or safety standard or regulation promulgated under this Act, and shall end upon the issuance of the final order. Such pre-final order interest shall be calculated at the current underpayment rate determined by the Secretary of the Treasury pursuant to section 6621 of the Internal Revenue Code of 1986, and shall be compounded daily. Post-final order interest shall begin to accrue 30 days after the date a final order of the Commission or the court is issued, and shall be charged at the rate of 8 percent per annum. . (b) Ensuring payment of penalties (1) Amendments Section 110 ( 30 U.S.C. 820 ) is further amended— (A) by redesignating subsection (l) as subsection (m); and (B) by inserting after subsection (k) the following: (l) Ensuring payment of penalties (1) Delinquent payment letter If the operator of a coal or other mine fails to pay any civil penalty assessment that has become a final order of the Commission or a court within 45 days after such assessment became a final order, the Secretary shall send the operator a letter advising the operator of the consequences under this subsection of such failure to pay. The letter shall also advise the operator of the opportunity to enter into or modify a payment plan with the Secretary based upon a demonstrated inability to pay, the procedure for entering into such plan, and the consequences of not entering into or not complying with such plan. (2) Withdrawal orders following failure to pay If an operator that receives a letter under paragraph (1) has not paid the assessment by the date that is 180 days after such assessment became a final order and has not entered into a payment plan with the Secretary, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from, and to be prohibited from entering, the mine that is covered by the final order described in paragraph (1), until the operator pays such assessment in full (including interest and administrative costs) or enters into a payment plan with the Secretary. If such operator enters into a payment plan with the Secretary and at any time fails to comply with the terms specified in such payment plan, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from the mine that is covered by such final order, and to be prohibited from entering such mine, until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan. . (2) Applicability and effective date The amendments made by paragraph (1) shall apply to all unpaid civil penalty assessments under the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. ), except that, for any unpaid civil penalty assessment that became a final order of the Commission or a court before the date of enactment of this Act, the time periods under section 110(n) of the Federal Mine Safety and Health Act of 1977 (as amended) (30 U.S.C. 820(n)) shall be calculated as beginning on the date of enactment of this Act instead of on the date of the final order. IV Miners’ Rights and Protections 401. Protection from retaliation Section 105(c) (30 U.S.C. 815(c)) is amended to read as follows: (c) Protection from retaliation (1) Retaliation prohibited (A) Retaliation for complaint or testimony No person shall discharge or in any manner discriminate against or cause to be discharged or cause discrimination against or otherwise interfere with the exercise of the statutory rights of any miner or other employee of an operator, representative of miners, or applicant for employment (including the spouse, sibling, child, or parent of such miner or employee, if such individual is employed or is applying for employment at a mine under the control of the operator), because— (i) such miner or other employee, representative, or applicant for employment— (I) has filed or made a complaint, or is about to file or make a complaint, including a complaint notifying the operator or the operator’s agent, or the representative of the miners at the coal or other mine of an alleged danger or safety or health violation in a coal or other mine; (II) instituted or caused to be instituted, or is about to institute or cause to be instituted, any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such miner or other employee, representative, or applicant for employment on behalf of him or herself or others of any right afforded by this Act, or has reported any injury or illness to an operator or agent; (III) has testified or is about to testify before Congress or any Federal or State proceeding related to safety or health in a coal or other mine; or (IV) refused to violate any provision of this Act, including any mandatory health and safety standard or regulation; (ii) such miner is the subject of medical evaluations and potential transfer under a standard published pursuant to section 101; or (iii) where the discharge, discrimination or other retaliation was based on a suspicion or belief that such miner or other employee, representative, or applicant engaged in or is about to engage in any of the activities described in clause (i). (B) Retaliation for refusal to perform duties (i) In general No person shall discharge or in any manner discriminate against a miner or other employee of an operator for refusing to perform the miner’s or other employee’s duties if the miner or other employee has a good-faith and reasonable belief that performing such duties would pose a safety or health hazard to the miner or other employee or to any other miner or employee. (ii) Standard For purposes of clause (i), the circumstances causing the miner’s or other employee’s good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person, under the circumstances confronting the miner or other employee, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the miner or other employee, when practicable, shall have communicated or attempted to communicate the safety or health concern to the operator and have not received from the operator a response reasonably calculated to allay such concern. (2) Complaint Any miner or other employee or representative of miners or applicant for employment who believes that he or she has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) may file a complaint with the Secretary alleging such discrimination not later than 180 days after the later of— (A) the last date on which an alleged violation of paragraph (1) occurs; or (B) the date on which the miner or other employee or representative knows or should reasonably have known that such alleged violation occurred. (3) Investigation and hearing (A) Commencement of investigation and initial determination Upon receipt of such complaint, the Secretary shall forward a copy of the complaint to the respondent, and shall commence an investigation within 15 days of the Secretary’s receipt of the complaint, and, as soon as practicable after commencing such investigation, make the determination required under subparagraph (B) regarding the reinstatement of the miner or other employee. (B) Reinstatement If the Secretary finds that such complaint was not frivolously brought, the Commission, on an expedited basis upon application of the Secretary, shall order the immediate reinstatement of the miner or other employee until there has been a final Commission order disposing of the underlying complaint of the miner or other employee. If either the Secretary or the miner or other employee pursues the underlying complaint, such reinstatement shall remain in effect until the Commission has disposed of such complaint on the merits, regardless of whether the Secretary pursues such complaint by filing a complaint under subparagraph (D) or the miner or other employee pursues such complaint by filing an action under paragraph (4). If neither the Secretary nor the miner or other employee pursues the underlying complaint within the periods specified in paragraph (4), such reinstatement shall remain in effect until such time as the Commission may, upon motion of the operator and after providing notice and an opportunity to be heard to the parties, vacate such complaint for failure to prosecute. (C) Investigation Such investigation shall include interviewing the complainant and— (i) providing the respondent an opportunity to submit to the Secretary a written response to the complaint and to present statements from witnesses or provide evidence; and (ii) providing the complainant an opportunity to receive any statements or evidence provided to the Secretary and to provide additional information or evidence, or to rebut any statements or evidence. (D) Action by the Secretary If, upon such investigation, the Secretary determines that the provisions of this subsection have been violated, the Secretary shall immediately file a complaint with the Commission, with service upon the alleged violator and the miner or other employee, representative of miners, or applicant for employment alleging such discrimination or interference and propose an order granting appropriate relief. (E) Action of the Commission The Commission shall afford an opportunity for a hearing on the record (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, affirming, modifying, or vacating the Secretary’s proposed order, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The complaining miner or other employee, representative, or applicant for employment may present additional evidence on his or her own behalf during any hearing held pursuant to this paragraph. (F) Relief The Commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative action to abate the violation and prescribe a remedy as the Commission considers appropriate, including— (i) the rehiring or reinstatement of the miner or other employee with back pay and interest and without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment; (ii) any other compensatory and consequential damages sufficient to make the complainant whole, and exemplary damages where appropriate; and (iii) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (4) Notice to and action of complainant (A) Notice to complainant Not later than 90 days of the receipt of a complaint filed under paragraph (2), the Secretary shall notify, in writing, the miner or other employee, applicant for employment, or representative of miners of his determination whether a violation has occurred. (B) Action of complainant If the Secretary, upon investigation, determines that the provisions of this subsection have not been violated, the complainant shall have the right, within 30 days after receiving notice of the Secretary’s determination, to file an action in his or her own behalf before the Commission, charging discrimination or interference in violation of paragraph (1) . (C) Hearing and decision The Commission shall afford an opportunity for a hearing on the record (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section), and thereafter shall issue an order, based upon findings of fact, dismissing or sustaining the complainant’s charges and, if the charges are sustained, granting such relief as it deems appropriate as described in paragraph (3)(F) . Such order shall become final 30 days after its issuance. (5) Burden of proof In adjudicating a complaint pursuant to this subsection, the Commission may determine that a violation of paragraph (1) has occurred only if the complainant demonstrates that any conduct described in paragraph (1) with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. A decision or order that is favorable to the complainant shall not be issued pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (6) Attorneys’ fees Whenever an order is issued sustaining the complainant’s charges under this subsection, a sum equal to the aggregate amount of all costs and expenses, including attorney’s fees, as determined by the Commission to have been reasonably incurred by the complainant for, or in connection with, the institution and prosecution of such proceedings shall be assessed against the person committing such violation. The Commission shall determine whether such costs and expenses were reasonably incurred by the complainant without reference to whether the Secretary also participated in the proceeding. (7) Expedited proceedings; Judicial review Proceedings under this subsection shall be expedited by the Secretary and the Commission. Any order issued by the Commission under this subsection shall be subject to judicial review in accordance with section 106. Violations by any person of paragraph (1) shall be subject to the provisions of sections 108 and 110(a)(4). (8) Procedural Rights The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (9) Savings Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any miner or employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. . 402. Protection from loss of pay Section 111 (30 U.S.C. 821) is amended to read as follows: 111. Entitlement of miners (a) Protection from loss of pay (1) Withdrawal orders If a coal or other mine or area of such mine is closed by an order issued under section 103, 104, 107, 108, or 110, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period they are idled, but for not more than the balance of such shift. If such order is not terminated prior to the next working shift, all miners on that shift who are idled by such order shall be entitled to full compensation by the operator at their regular rates of pay for the period they are idled, for not more than one half of such shift, or four hours, whichever is greater. If a coal or other mine or area of such mine is closed by an order issued under section 104, 107 (in connection with a citation), 108, or 110, all miners who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the entire period for which they are idled, not to exceed 60 days. (2) Closure in advance of order If the Secretary finds that such mine or such area of a mine was closed by the operator in anticipation of the issuance of such an order, all miners who are idled by such closure shall be entitled to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay, from the time of such closure until such time as the Secretary authorizes reopening of such mine or such area of the mine, not to exceed 60 days, except where an operator promptly withdraws miners upon discovery of a hazard, and notifies the Secretary where required, and within the prescribed time period. (3) Refusal to comply Whenever an operator violates or fails or refuses to comply with any order issued under section 103, 104, 107, 108, or 110, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, or terminated. (b) Enforcement (1) Commission orders The Commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or his representative and after opportunity for hearing on the record subject to section 554 of title 5, United States Code. Whenever the Commission issues an order sustaining the complaint under this subsection in whole or in part, the Commission shall award the complainant reasonable attorneys’ fees and costs. (2) Failure to pay compensation due Consistent with the authority of the Secretary to order miners withdrawn from a mine under this Act, the Secretary shall order a mine that has been subject to a withdrawal order under section 103, 104, 107, 108, or 110, and has reopened, to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order. (c) Expedited Review If an order is issued which results in payments to miners under subsection (a), the operators shall have the right to an expedited review before the Commission using timelines and procedures established pursuant to section 316(b)(2)(G)(ii). . 403. Underground coal miner employment standard for mines placed in pattern of violations status The Federal Mine Safety and Health Act of 1977 is further amended by adding at the end of title I the following: 117. Underground coal miner employment standard for mines placed in pattern of violations status (a) In general For purposes of ensuring miners’ health and safety and miners’ right to raise concerns thereof, when an underground coal mine is placed in pattern of violations status pursuant to section 104(e), and for 3 years after such placement, the operator of such mine may not discharge or constructively discharge a miner who is paid on an hourly basis and employed at such underground coal mine without reasonable job-related grounds based on a failure to satisfactorily perform job duties, including compliance with this Act and with mandatory health and safety standards or other regulations issued under this Act, or other legitimate business reason, where the miner has completed the employer’s probationary period, not to exceed 6 months. (b) Cause of action A miner aggrieved by a violation of subsection (a) may file a complaint in Federal district court in the district where the mine is located within 1 year of such violation. (c) Remedies In an action under subsection (b), for any prevailing miner the court shall take affirmative action to further the purposes of the Act, which may include reinstatement with backpay and compensatory damages. Reasonable attorneys’ fees and costs shall be awarded to any prevailing miner under this section. (d) Pre-Dispute waiver prohibited A miner’s right to a cause of action under this section may not be waived with respect to disputes that have not arisen as of the time of the waiver. (e) Construction Nothing in this section shall be construed to limit the availability of rights and remedies of miners under any other State or Federal law or a collective bargaining agreement. . V Modernizing health and safety standards 501. Pre-shift review of mine conditions Section 303(d) ( 30 U.S.C. 863(d) ) is amended by adding at the end the following: (3) (A) Not later than 30 days after the issuance of the interim final rules promulgated under subparagraph (B), each operator of an underground coal mine shall implement a communication program at the underground coal mine to ensure that each miner is orally briefed on and made aware of, prior to traveling to or arriving at the miner’s work area and commencing the miner’s assigned tasks— (i) any conditions that are hazardous, or that violate a mandatory health or safety standard or a plan approved under this Act, where the miner is expected to work or travel; and (ii) the general conditions of that miner’s assigned working section or other area where the miner is expected to work or travel. (B) Not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary shall promulgate interim final rules implementing the requirements of subparagraph (A). The Secretary shall issue a final rule not later than 2 years after such date. . 502. Rock dust standards (a) Standards Section 304(d) ( 30 U.S.C. 864(d) ) is amended— (1) by striking Where rock and inserting the following: Rock dust .— (1) In general Where rock ; (2) by striking 65 per centum and all that follows and inserting 80 percent. Where methane is present in any ventilating current, the percentage of incombustible content of such combined dusts shall be increased 0.4 percent for each 0.1 percent of methane. ; and (3) by adding at the end the following: (2) Methods of measurement (A) In general Each operator of an underground coal mine shall take accurate and representative samples which shall measure the total incombustible content of combined coal dust, rock dust, and other dust in such mine to ensure that the coal dust is kept below explosive levels through the appropriate application of rock dust. (B) Direct reading monitors In order to ensure timely assessment and compliance, the Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , require operators to measure total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust, using direct reading monitors that the Secretary has approved for use in an underground coal mine, such as coal dust explosibility monitors. (C) Regulations The Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , promulgate an interim final rule that prescribes methods for operator sampling of total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust using direct reading monitors and includes requirements for locations, methods, and intervals for mandatory operator sampling. (D) Recommendations Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary of Health and Human Services shall, based upon the latest research, recommend to the Secretary of Labor any revisions to the mandatory operator sampling locations, methods, and intervals included in the interim final rule described in subparagraph (B) that may be warranted in light of such research. (3) Limitation Until a final rule is issued by the Secretary under section 502(b)(2) of the Robert C. Byrd Mine Safety Protection Act of 2013 , any measurement taken by a direct reading monitor described in paragraph (2) shall not be admissible to establish a violation in an enforcement action under this Act. (4) Report and rulemaking authority (A) Report Not later than 2 years after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall prepare and 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— (i) regarding whether any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of the mandatory health or safety standards by the Secretary of Labor under such Act, and whether additional improvement to such direct reading monitor, or additional verification regarding reliability and accuracy, would be needed for enforcement purposes; and (ii) identifying any limitations or impediments for such use in underground coal mines. (B) Authority If the Secretary determines that such direct reading monitor is sufficiently reliable and accurate for the enforcement of mandatory health and safety standards under this Act following such report or any update thereto, the Secretary shall promulgate a final rule authorizing the use of such direct reading monitor for purposes of compliance and enforcement, in addition to other methods for determining total incombustible content. Such rule shall specify mandatory operator sampling locations, methods, and intervals. . (b) Rock dust recordkeeping Section 304 is further amended— (1) by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following: (e) Rock dust recordkeeping Each coal mine shall be required to maintain and continuously update a record of the amount of rock dust purchased. ; and (2) in subsection (f) (as so redesignated), by striking Subsection (b) through (d) and inserting Subsection (b) through (e) . 503. Atmospheric monitoring systems Section 317 ( 30 U.S.C. 877 ) is amended by adding at the end the following: (u) Atmospheric monitoring systems (1) Regulations required Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013, the Secretary shall, following consultation with the National Institute for Occupational Safety and Health, promulgate regulations requiring that each operator of an underground coal mine install atmospheric monitoring systems that— (A) protect miners where the miners normally work and travel; (B) will assist in mine emergency response and the conduct of accident investigations; (C) provide real-time information regarding methane, oxygen, and carbon monoxide levels, and airflow direction, as appropriate, with sensing, annunciating, and recording capabilities; and (D) can, to the maximum extent practicable, withstand explosions and fires. (2) Content of regulations The Secretary shall evaluate and, as appropriate, require— (A) the installation of atmospheric monitoring and recording devices on mining equipment; (B) the implementation of redundant systems, such as the bundle tubing system, that can continuously monitor the mine atmosphere following incidents such as fires, explosions, entrapments, and inundations; and (C) the implementation of other technologies available to conduct continuous atmospheric monitoring. . 504. Technology related to respirable dust Section 202(d) ( 30 U.S.C. 842(d) ) is amended— (1) by striking of Health, Education, and Welfare ; and (2) by striking the second sentence and inserting the following: Not later than 2 years after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary shall promulgate final regulations that require operators, beginning on the date such regulations are issued, to provide coal miners with the maximum feasible protection from respirable dust, including coal and silica dust, that is achievable through environmental controls, and that meet the applicable standards. . 505. Refresher training on miners’ rights and responsibilities (a) In general Section 115(a)(3) (30 U.S.C. 825(a)(3)) is amended to read as follows: (3) all miners shall receive not less than 9 hours of refresher training not less frequently than once every 12 months, and such training shall include one hour of training on the statutory rights and responsibilities of miners and their representatives under this Act and other applicable Federal and State law, pursuant to a program of instruction developed by the Secretary and delivered by an employee of the Administration or by a trainer approved by the Administration that is a party independent from the operator; . (b) National hazard reporting hotline Section 115 ( 30 U.S.C. 825 ) is further amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following: (c) Any health and safety training program of instruction provided under this section shall include distribution to miners of information regarding miners’ rights under the Act, as well as a toll-free hotline telephone number, which the Secretary shall maintain to receive complaints from miners and the public regarding hazardous conditions, discrimination, safety or health violations, or other mine safety or health concerns. Information regarding the hotline shall be provided in a portable, convenient format, such as a durable wallet card, to enable miners to keep the information on their person. . (c) Timing of initial statutory rights training Notwithstanding section 115 of the Federal Mine Safety and Health Act (as amended by subsection (a)) (30 U.S.C. 825) or the health and safety training program approved under such section, an operator shall ensure that all miners already employed by the operator on the date of enactment of this Act shall receive the one hour of statutory rights and responsibilities training described in section 115(a)(3) of such Act not later than 180 days after such date. 506. Authority to mandate additional training (a) In general Section 115 (30 U.S.C. 825) is further amended by redesignating subsections (e) and (f) (as redesignated) as subsections (f) and (g) and inserting after subsection (d) (as redesignated) the following: (e) Authority To mandate additional training (1) In general The Secretary is authorized to issue an order requiring that an operator of a coal or other mine provide additional training beyond what is otherwise required by law, and specifying the time within which such training shall be provided, if the Secretary finds that— (A) (i) a serious or fatal accident has occurred at such mine; (ii) such mine has experienced accident and injury rates, citations for violations of this Act (including mandatory health or safety standards or regulations promulgated under this Act), citations for significant and substantial violations, or withdrawal orders issued under this Act at a rate above the average for mines of similar size and type; or (iii) an operator has a history of failing to adequately train miners as required by the Act or regulations promulgated under this Act; and (B) additional training would benefit the health and safety of miners at the mine. (2) Withdrawal order If the operator fails to provide training ordered under paragraph (1) within the specified time, the Secretary shall issue an order requiring such operator to cause all affected persons, except those persons referred to in section 104(c), to be withdrawn, and to be prohibited from entering such mine, until such operator has provided such training. . (b) Conforming amendments Section 104(g)(2) ( 30 U.S.C. 814(g)(2) ) is amended by striking under paragraph (1) both places it appears and inserting under paragraph (1) or under section 115(e) . 507. Brookwood-Sago Mine Safety Grants Section 14(e)(2) of the Mine Improvement and New Emergency Response Act of 2006 (30 U.S.C. 965(e)(2)) is amended by inserting before the period , and underground mine rescue training activities which simulate mine accident conditions . 508. Certification of personnel (a) In general Title I is further amended by adding at the end the following: 118. Certification of personnel (a) Certification required Any person who is authorized or designated by the operator of a coal or other mine to perform any duties or provide any training that this Act, including a mandatory health or safety standard or regulation promulgated pursuant to this Act, requires to be performed or provided by a certified, registered, qualified, or otherwise approved person, shall be permitted to perform such duties or provide such training only if such person has a current certification, registration, qualification, or approval to perform such duties or provide such training consistent with the requirements of this section. (b) Establishment of certification requirements and procedures (1) In general Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary shall issue mandatory standards to establish— (A) requirements for such certification, registration, qualification, or other approval, including the experience, examinations, and references that may be required as appropriate; (B) time limits for such certifications and procedures for obtaining and renewing such certification, registration, qualification, or other approval; and (C) procedures and criteria for revoking such certification, registration, qualification, or other approval, including procedures that ensure that the Secretary (or a State agency, as applicable) responds to requests for revocation and that the names of individuals whose certification or other approval has been revoked are provided to and maintained by the Secretary, and are made available to appropriate State agencies through an electronic database. (2) Coordination with States In developing such standards, the Secretary shall consult with States that have miner certification programs to ensure effective coordination with existing State standards and requirements for certification. The standards required under paragraph (1) shall provide that the certification, registration, qualification, or other approval of the State in which the coal or other mine is located satisfies the requirement of subsection (a) if the State’s program of certification, registration, qualification, or other approval is no less stringent than the standards established by the Secretary under paragraph (1). (c) Operator Fees for certification (1) Assessment and collection Beginning 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary shall assess and collect fees, in accordance with this subsection, from each operator for each person certified under this section. Fees shall be assessed and collected in amounts determined by the Secretary as necessary to fund the certification programs established under this section. (2) Use Amounts collected as provided in paragraph (1) shall only be available to the Secretary, as provided in paragraph (3), for making expenditures to carry out the certification programs established under this subsection. (3) Authorization of appropriations In addition to funds authorized to be appropriated under section 114, there is authorized to be appropriated to the Secretary for each fiscal year in which fees are collected under paragraph (1) an amount equal to the total amount of fees collected under paragraph (1) during that fiscal year. Such amounts are authorized to remain available until expended. If on the first day of a fiscal year a regular appropriation to the Administration has not been enacted, the Administration shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until 5 days after the date such regular appropriation is enacted. (4) Collecting and Crediting of Fees Fees authorized and collected under this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the Mine Safety and Health Administration and shall not be collected for any fiscal year except to the extent and in the amount provided in advance in appropriation Acts. (d) Citation; withdrawal order Any operator who permits a person to perform any of the health or safety related functions described in subsection (a) without a current certification which meets the requirements of this section shall be considered to have committed an unwarrantable failure under section 104(d)(1), and the Secretary shall issue an order requiring that the miner be withdrawn or reassigned to duties that do not require such certification. . (b) Conforming amendments Section 318 (30 U.S.C. 878) is amended— (1) by striking subsections (a) and (b); (2) in subsection (c), by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) in subsection (g), by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; and (4) by redesignating subsections (c) through (j) as paragraphs (1) through (8), respectively. 509. Electronic records requirement Sec. 103 is amended by adding at the end the following: (l) Not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary shall promulgate regulations requiring that mine operators retain records and data required by this Act, or otherwise required by the Secretary, that are created, stored or transmitted in electronic form. Such records shall include records pertaining to miner safety and health, tracking and communications, atmospheric monitoring of methane, carbon monoxide, oxygen, coal dust and other mine conditions, equipment usage history and operating parameters, equipment calibration and maintenance, and other information relevant to compliance with Federal mine health and safety laws and regulations. Not later than 2 years after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013 , the Secretary shall promulgate a regulation regarding the minimum necessary capabilities of equipment to retain, store, and recover data created or transmitted in electronic form. . VI Additional mine safety provisions 601. Definitions (a) Definition of operator Section 3(d) is amended to read as follows: (d) operator means— (1) any owner, lessee, or other person that— (A) operates or supervises a coal or other mine; or (B) controls such mine by making or having the authority to make management or operational decisions that affect, directly or indirectly, the health or safety at such mine; or (2) any independent contractor performing services or construction at such mine; . (b) Definition of agent Section 3(e) (30 U.S.C. 802(e)) is amended by striking the miners and inserting any miner . (c) Definition of imminent danger Section 3(j) ( 30 U.S.C. 802(j) ) is amended— (1) by striking means the and inserting means— (1) the ; (2) by striking the semicolon at the end and inserting ; or ; and (3) by adding at the end the following: (2) the existence of multiple conditions or practices (regardless of whether related to each other) that, when considered in the aggregate, could reasonably be expected to cause death or serious physical harm before such conditions or practices can be abated; . (d) Definition of miner Section 3(g) (30 U.S.C. 802(g)) is amended by inserting after or other mine the following: , and includes any individual who is not currently working in a coal or other mine but would be currently working in such mine, but for an accident in such mine . (e) Definition of significant and substantial violations Section 3 ( 30 U.S.C. 802 ) is further amended— (1) in subsection (m), by striking and after the semicolon; (2) in subsection (n), by striking the period at the end and inserting a semicolon; (3) in subsection (o), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (p) significant and substantial violation means a violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act, that is of such nature as could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard as described in section 104(d). . 602. Assistance to States Section 503 (30 U.S.C. 953(a)) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking , in coordination with the Secretary of Health, Education, and Welfare and the Secretary of the Interior, ; (B) in paragraph (2), by striking and after the semicolon; (C) in paragraph (3), by striking the period and inserting ; and ; and (D) by adding at the end the following: (4) to assist such State in developing and implementing any certification program for coal or other mines required for compliance with section 118. ; and (2) in subsection (h), by striking $3,000,000 for fiscal year 1970, and $10,000,000 annually in each succeeding fiscal year and inserting $20,000,000 for each fiscal year . 603. Black lung medical reports Title IV of the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) is amended by adding at the end the following: 435. Medical reports In any claim for benefits for a miner under this title, an operator that requires a miner to submit to a medical examination regarding the miner’s respiratory or pulmonary condition shall, not later than 14 days after the miner has been examined, deliver to the claimant a complete copy of the examining physician’s report. The examining physician’s report shall be in writing and shall set out in detail the examiner’s findings, including any diagnoses and conclusions and the results of any diagnostic imaging techniques and tests that were performed on the miner. . 604. Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health Section 22(h)(3) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 671(h)(3) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: (C) enter into cooperative agreements or contracts with international institutions and private entities to improve mine safety and health through the development and evaluation of new interventions; and . 605. Rules of application to certain mines (a) Inapplicability of amendments to certain mines (1) Special rule Subject to paragraph (2), the amendments made by this Act shall not apply to— (A) surface mines, except for surface facilities or impoundments physically connected to— (i) underground coal or underground metal mines; or (ii) other underground mines which are gassy mines; or (B) underground mines which are not coal, metal, or gassy mines. (2) Exceptions Notwithstanding paragraph (1), the amendments made by sections 101, 202, 301(c) and (d), 303(a)(4), 304, 305(a), 401, 509, 601, 602, and 603 shall apply to the mines described in subparagraphs (A) and (B) of paragraph (1). (3) Definition For purposes of this section, the term gassy mine means a mine, tunnel, or other underground workings in which a flammable mixture has been ignited, or has been determined by air analysis to contain 0.25 percent or more (by volume) of methane in any open workings when tested at a point not less than 12 inches from the roof, face of rib. (b) Rule of construction relating to applicability of certain provisions to surface mines Title I is further amended by adding at the end the following: 119. Applicability of certain provisions to certain mines (a) Rule of construction Subject to subsection (c), with respect to the mines described in subsection (b), this Act as in effect on the date before the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013, shall continue to apply to such mines as then in effect. (b) Applicable mines (1) In general The mines referred to in subsection (a) are— (A) surface mines, except for surface facilities or impoundments physically connected to— (i) underground coal or underground metal mines; or (ii) other underground mines which are gassy mines; and (B) underground mines which are not coal, metal, or gassy mines. (2) Definition As used in paragraph (1), the term gassy mine means a mine, tunnel, or other underground workings in which a flammable mixture has been ignited, or has been determined by air analysis to contain 0.25 percent or more (by volume) of methane in any open workings when tested at a point not less than 12 inches from the roof, face of rib. (c) Exceptions Notwithstanding subsection (a), the amendments made by sections 101, 202, 301(c) and (d), 303(a)(4), 304, 305(a), 401, 509, 601, 602, and 603 of the Robert C. Byrd Mine Safety Protection Act of 2013 shall apply to the mines described in subsection (b). (d) Savings provision Nothing in this section shall impact the authority of the Secretary to promulgate or modify regulations pursuant to the authority under any such provisions as in effect on the date before the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2013, or shall be construed to alter or modify precedent with regards to the Commission or courts. . 606. Double encumbrance; succession plan (a) Authorization Notwithstanding any personnel procedures, rules, or guidance, the Secretary of Labor is authorized to double encumber a position or utilize early replacement hiring for authorized representatives and technical specialist positions in the Mine Safety and Health Administration. The number of such positions shall be consistent with the staffing requirements set forth in the succession plan under subsection (b). (b) Succession Plan Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall develop and provide to Congress a succession plan for the Mine Safety and Health Administration for the next five years to assure timely replacement of qualified employees critical to maintaining the agency’s mission which shall— (1) estimate employee turnover for each year; (2) sets benchmarks for maximum allowable percentage of vacancies, and a maximum ratio of trainees to authorized representatives; (3) utilizes double encumbrance or early replacement hiring for authorized representatives and technical specialists; (4) implements tracking systems to assure that staffing levels of authorized representatives and technical specialists do not fall below the minimum required to conduct necessary inspections, thoroughly review mine plans, and conduct accident and special investigations; and (5) identifies resources necessary to implement such plan. Such succession plan shall be updated biennially.

https://www.govinfo.gov/content/pkg/BILLS-113hr1373ih/xml/BILLS-113hr1373ih.xml

113-hr-1374

I 113th CONGRESS 1st Session H. R. 1374 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Moore (for herself and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to make various reforms to Social Security, and for other purposes. 1. Short title This Act may be cited as the Social Security Enhancement and Protection Act of 2013 . 2. Increase in special minimum benefit for lifetime low earners based on years in the workforce Section 215(a)(1)(C) of the Social Security Act ( 42 U.S.C. 415(a)(1)(C) ) is amended to read as follows: (C) (i) Effective with respect to the benefits of individuals who become eligible for old-age insurance benefits or disability insurance benefits (or die before becoming so eligible) after 2014, no primary insurance amount computed under subparagraph (A) may be less than the applicable percentage of 1/12 of the annual dollar amount determined under clause (iv) for the year in which the amount is determined. (ii) For purposes of clause (i), the applicable percentage is the percentage specified in connection with the number of years of work, as set forth in the following table: If the number of years The applicable  of work is: percentage is: 11 36.7 percent 12 40.0 percent 13 43.3 percent 14 46.7 percent 15 50.0 percent 16 53.3 percent 17 56.7 percent 18 60.0 percent 19 63.3 percent 20 66.7 percent 21 70.0 percent 22 73.3 percent 23 76.7 percent 24 80.0 percent 25 83.3 percent 26 86.7 percent 27 90.0 percent 28 93.3 percent 29 96.7 percent 30 or more 100.0 percent. (iii) For purposes of this subparagraph, the term number of years of work means, with respect to an individual, the sum of— (I) 1/4 of the total number of quarters of coverage credited to such individual (disregarding any fraction); and (II) the number of years (not exceeding 5) in all of which the individual provided care for a child under 6 years of age who resided in the individual’s home. (iv) (I) The annual dollar amount determined under this clause is the poverty guideline for the calendar year preceding the calendar year in which the determination is made. (II) For purposes of this clause, the term poverty guideline means the annual poverty guideline (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual. . 3. Establishment of an increased benefit for beneficiaries on account of long-term eligibility (a) In general Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended by adding at the end the following new subsection: (z) Increase in benefit amounts on account of long-Term eligibility (1) In the case of an individual who is a qualified beneficiary for a calendar year after 2014, the amount of any monthly insurance benefit of such qualified beneficiary under this section or section 223 for any month in such calendar year shall be increased in accordance with paragraph (3). (2) (A) For purposes of this subsection, the term qualified beneficiary for a calendar year means an individual in any case in which such calendar year begins at least 16 years after the applicable date of eligibility for such individual. (B) For purposes of this subsection, the applicable date of eligibility for an individual is the date on which the individual on whose wages and self-employment income the monthly insurance benefit is based initially became eligible (or died before becoming eligible) for old-age insurance benefits under subsection (a) or disability insurance benefits under section 223. (3) (A) The increase required under paragraph (1) with respect to the monthly insurance benefit of an individual who is a qualified beneficiary for a calendar year shall be equal to the applicable percentage (specified for such benefit in subparagraph (B)) of the full increase amount for such calendar year (determined under subparagraph (C)). (B) The applicable percentage specified for a monthly insurance benefit under this subparagraph for a calendar year is the percentage specified, in connection with the number of years ending after the applicable date of eligibility for such individual and before such calendar year, in the following table: The applicable If the number of years is: percentage is: 16 20 percent 17 40 percent 18 60 percent 19 80 percent 20 or larger 100 percent. (C) (i) Except as provided in clause (ii), the full increase amount determined under this subparagraph for a calendar year in connection with the monthly insurance benefit of a qualified beneficiary is a dollar amount equal to 5 percent of the amount of the benefit if— (I) such benefit were based on the primary insurance amount determined for January of such calendar year of a putative individual; (II) on January 1 of the calendar year in which occurred the applicable eligibility date with respect to such individual, such putative individual were fully insured, attained retirement age (as defined in section 216(l)(2)) and were otherwise eligible for, and applied for, old-age insurance benefits; and (III) such putative individual’s average indexed monthly earnings taken into account in determining such primary insurance amount were equal to 1/12 of the national average wage index (as defined in section 209(k)(1)) for the second year prior to such calendar year. (ii) (I) In the case of a monthly insurance benefit under subsection (b) or (c), the full increase amount determined under this subparagraph shall be one-half the amount determined under clause (i); or (II) In the case of a monthly insurance benefit under subsection (d), (g), or (h), the full increase amount determined under this subparagraph shall be the percentage of the amount determined under clause (i) equal to the ratio which the amount of such benefit bears to the primary insurance amount (before the application of section 203(a)) of the individual on whose wages and self-employment income the monthly insurance benefit is based. (4) In the case of a qualified beneficiary who is entitled to 2 or more monthly insurance benefits under this title for the same month— (A) the earliest applicable date of eligibility for such beneficiary with respect to such benefits shall be treated as the applicable date of eligibility for such beneficiary for the purposes of this subsection; and (B) such beneficiary shall be entitled to an increase with respect only to one such benefit. (5) This subsection shall be applied to monthly insurance benefits after any increase under subsection (w) and any applicable reductions and deductions under this title. (6) In any case in which an individual is entitled to benefits under both this section and section 223, the increase under this subsection shall be paid from the Federal Old-Age and Survivors Insurance Trust Fund. . (b) Conforming amendments (1) Section 202 of such Act ( 42 U.S.C. 402 ) is amended— (A) in the last sentence of subsection (a), by striking subsection (q) and subsection (w) and inserting subsections (q), (w), and (z) ; (B) in subsection (b)(2), by striking subsections (k)(5) and (q) and inserting subsections (k)(5), (q), and (z) ; (C) in subsection (c)(2), by striking subsections (k)(5) and (q) and inserting subsections (k)(5), (q), and (z) ; (D) in subsection (d)(2), by adding at the end the following: This paragraph shall apply subject to subsection (z). ; (E) in subsection (e)(2)(A), by striking subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph and inserting subsection (k)(5), subsection (q), subsection (z), and subparagraph (D) of this paragraph ; (F) in subsection (f)(2)(A), by striking subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph and inserting subsection (k)(5), subsection (q), subsection (z), and subparagraph (D) of this paragraph ; (G) in subsection (g)(2), by striking Such and inserting Except as provided in subsections (k)(5) and (z), such ; (H) in subsection (h)(2)(A), by inserting and subsection (z) after subparagraphs (B) and (C) ; and (I) in section 223(a)(2), by striking section 202(q) and inserting sections 202(q) and 202(z) . (2) Section 209(k)(1) of such Act ( 402 U.S.C. 409(k)(1) ) is amended by inserting 202(z)(3)(C)(i)(II), before 203(f)(8)(B)(ii) . 4. Extension of child’s benefit for certain post-secondary students under age 22 (a) In general Section 202(d)(1)(B) of the Social Security Act (42 U.S.C. 402(d)(1)(B)) is amended to read as follows: (B) at the time such application was filed was unmarried and— (i) had not attained the age of 18, (ii) was a full-time elementary or secondary school student and had not attained the age of 19, (iii) was an eligible full-time post-secondary school student and had not attained the age of 22, or (iv) is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and . (b) Definition of eligible full-Time post-Secondary school student Section 202(d)(7) of the Social Security Act ( 42 U.S.C. 402(d)(7) ) is amended by adding at the end the following: (E) An eligible full-time post-secondary school student is a full-time post-secondary school student who is entitled to child’s insurance benefits on the basis of the wages and self-employment income of an individual who is entitled to disability insurance benefits, or who has died a fully or currently insured individual. . (c) Definition of full-Time post-Secondary school student (1) In general Section 202(d)(7) of such Act ( 42 U.S.C. 402(d)(7) ) is amended— (A) in subparagraph (A)— (i) by inserting and a full-time post-secondary school student is an individual who is in full-time attendance as a student at a post-secondary educational institution before , as determined by the Commissioner ; (ii) by inserting or a full-time post-secondary school student before if he is paid by his employer ; (iii) by inserting or a post-secondary educational institution, as applicable, before at the request ; (iv) by inserting or a full-time post-secondary school student before for the purpose of this section ; and (v) by inserting or a full-time post-secondary school student before shall be deemed ; and (B) in subparagraph (B)— (i) by inserting or a full-time post-secondary school student after student ; (ii) by inserting or a post-secondary educational institution, as applicable before at which he has been ; and (iii) by striking an elementary or secondary school in each of the second and third places in which such term appears and inserting such a school . (2) Transition from elementary or secondary school Section 202(d)(7)(B) of such Act ( 42 U.S.C. 402(d)(7)(B) ) is amended by adding at the end the following sentence: An individual who has been in full-time attendance at an elementary or secondary school shall, during a succeeding period of nonattendance at such school, be deemed to be a full-time secondary-school student if (i) such period is 4 calendar months or less, and (ii) the individual shows to the satisfaction of the Commissioner that he intends to be in full-time attendance at a post-secondary educational institution immediately following such period. (d) Definition of post-Secondary educational institution Section 202(d)(7)(C) of such Act (42 U.S.C. 402(d)(7)(C)) is amended by adding at the end the following: (iii) A post-secondary educational institution is a school or college or university that provides post-secondary education and— (I) is operated or directly supported by the United States, or by any State or local government or political subdivision thereof, (II) has been approved by a State or accredited by a State-recognized or nationally-recognized accrediting agency or body, or (III) whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. . (e) Conforming amendments (1) Section 202(d)(1)(E) of such Act (42 U.S.C. 402(d)(1)(E)) is amended by inserting or an eligible full-time post-secondary school student after student . (2) Section 202(d)(1)(F) of such Act (42 U.S.C. 402(d)(1)(F)) is amended by striking the earlier of— and all that follows through the age of 19, and inserting the following: the earlier of— (i) the first month during no part of which the child is a full-time elementary or secondary school student or an eligible full-time post-secondary school student, (ii) the month in which the child attains the age of 19, but only if the child is not an eligible full-time post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 22, . (3) Section 202(d)(1)(G) of such Act (42 U.S.C. 402(d)(1)(G)) is amended by striking (if later) and all that follows through the age of 19, and inserting the following: (if later) the earlier of— (i) the first month during no part of which the child is a full-time elementary or secondary school student or an eligible full-time post-secondary school student, (ii) the month in which the child attains the age of 19, but only if the child is not an eligible full-time post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 22, . (4) Section 202(d)(6)(A) of such Act (42 U.S.C. 402(d)(6)(A)) is amended to read as follows: (A) (i) is a full-time elementary or secondary school student and has not attained the age of 19, (ii) is an eligible full-time post-secondary school student and has not attained the age of 22, or (iii) is under a disability (as defined in section 223(d)) and has not attained the age of 22, or . (5) Section 202(d)(6)(D) of such Act (42 U.S.C. 402(d)(6)(D)) is amended to read as follows: (D) the earlier of— (i) the first month during no part of which the child is a full-time elementary or secondary school student or an eligible full-time post-secondary school student, (ii) the month in which the child attains the age of 19, but only if the child is not an eligible full-time post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 22, but only if he is not under a disability (as so defined) in such earlier month; or . (6) Section 202(d)(6)(E) of such Act ( 42 U.S.C. 402(d)(6)(E) ) is amended by striking (if later) and all that follows to the end and inserting the following: (if later) the earlier of— (i) the first month during no part of which the child is a full-time elementary or secondary school student or an eligible full-time post-secondary school student, (ii) the month in which the child attains the age of 19, but only if the child is not an eligible full-time post-secondary school student during any part of such month, or (iii) the month in which the child attains the age of 22. . (f) Effective date The amendments made by this section apply with respect to applications for child’s insurance benefits under section 202(d) of the Social Security Act ( 42 U.S.C. 402(d) ) filed in any calendar year after 2014. 5. Determination of taxable wages and self-employment income above contribution and benefit base after 2014 (a) Determination of taxable wages above contribution and benefit base after 2014 (1) Amendments to the Internal Revenue Code of 1986 Section 3121 of the Internal Revenue Code of 1986 is amended— (A) in subsection (a)(1), by inserting the applicable percentage (determined under subsection (c)(1)) of before that part of the remuneration ; and (B) in subsection (c), by striking (c) Included and excluded service .—For purposes of this chapter, if and inserting the following: (c) Special rules for wages and employment (1) Applicable percentage of remuneration in determining taxable wages For purposes of subsection (a)(1), the applicable percentage for a calendar year shall be determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2015 90 percent Calendar year 2016 80 percent Calendar year 2017 70 percent Calendar year 2018 60 percent Calendar year 2019 50 percent Calendar year 2020 40 percent Calendar year 2021 30 percent Calendar year 2022 20 percent Calendar year 2023 10 percent Calendar years after 2024 0 percent. (2) Included and excluded service For purposes of this chapter, if . (2) Amendments to the Social Security Act Section 209 of the Social Security Act ( 42 U.S.C. 409 ) is amended— (A) in subsection (a)(1)(I)— (i) by inserting and before 2015 after 1974 ; and (ii) by inserting and after the semicolon; (B) in subsection (a)(1), by adding at the end the following new subparagraph: (J) The applicable percentage (determined under subsection (l)) of that part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to the contribution and benefit base (determined under section 230) with respect to employment has been paid to an individual during any calendar year after 2012 with respect to which such contribution and benefit base is effective, is paid to such individual during such calendar year; ; and (C) by adding at the end the following new subsection: (l) For purposes of subsection (a)(1)(J), the applicable percentage for a calendar year shall be determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2015 90 percent Calendar year 2016 80 percent Calendar year 2017 70 percent Calendar year 2018 60 percent Calendar year 2019 50 percent Calendar year 2020 40 percent Calendar year 2021 30 percent Calendar year 2022 20 percent Calendar year 2023 10 percent Calendar years after 2024 0 percent. . (3) Effective date The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2014. (b) Determination of taxable self-Employment income above contribution and benefit base after 2014 (1) Amendments to the Internal Revenue Code of 1986 Section 1402 of the Internal Revenue Code of 1986 is amended— (A) in subsection (b)(1), by striking that part of the net earnings and all that follows through minus and inserting the following: an amount equal to the applicable percentage (as determined under subsection (d)(2)) of that part of the net earnings from self-employment which is in excess of the difference (not to be less than zero) between (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, and ; and (B) in subsection (d)— (i) by striking (d) Employee and wages .—The term and inserting the following: (d) Rules and definitions (1) Employee and wages The term ; and (ii) by adding at the end the following: (2) Applicable percentage of net earnings from self-employment in determining taxable self-employment income For purposes of subsection (b)(1), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2015 90 percent Calendar year 2016 80 percent Calendar year 2017 70 percent Calendar year 2018 60 percent Calendar year 2019 50 percent Calendar year 2020 40 percent Calendar year 2021 30 percent Calendar year 2022 20 percent Calendar year 2023 10 percent Calendar years after 2024 0 percent. . (2) Amendments to the Social Security Act Section 211 of the Social Security Act ( 42 U.S.C. 411 ) is amended— (A) in subsection (b)— (i) in paragraph (1)(I)— (I) by striking or after the semicolon; and (II) by inserting and before 2015 after 1974 ; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: (2) For any taxable year beginning in any calendar year after 2014, an amount equal to the applicable percentage (as determined under subsection (l)) of that part of net earnings from self-employment which is in excess of the difference (not to be less than zero) between— (A) an amount equal to the contribution and benefit base (as determined under section 230) that is effective for such calendar year, and (B) the amount of the wages paid to such individual during such taxable year; or ; and (B) by adding at the end the following: (l) For purposes of subsection (b)(2), the applicable percentage for a taxable year beginning in any calendar year referred to in such paragraph shall be determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2015 90 percent Calendar year 2016 80 percent Calendar year 2017 70 percent Calendar year 2018 60 percent Calendar year 2019 50 percent Calendar year 2020 40 percent Calendar year 2021 30 percent Calendar year 2022 20 percent Calendar year 2023 10 percent Calendar years after 2024 0 percent. . (3) Effective date The amendments made by this subsection shall apply with respect to taxable years beginning in calendar years after 2014. (c) Computing average indexed monthly earnings Section 215(e) of the Social Security Act ( 42 U.S.C. 415(e) ) is amended— (1) in paragraph (1)— (A) by striking and after before 1975, ; (B) by inserting and before 2015 after after 1974 ; and (C) by inserting , and the applicable percentage of the excess over an amount equal to the contribution and benefit base (as determined under section 230) in the case of any calendar year after 2014 with respect to which such contribution and benefit base is effective, after benefit base is effective, ; and (2) by adding at the end the following: (3) For purposes of paragraph (1), the applicable percentage for a year shall be determined in accordance with the following table: The applicable In the case of: percentage is: Calendar year 2015 90 percent Calendar year 2016 80 percent Calendar year 2017 70 percent Calendar year 2018 60 percent Calendar year 2019 50 percent Calendar year 2020 40 percent Calendar year 2021 30 percent Calendar year 2022 20 percent Calendar year 2023 10 percent Calendar years after 2024 0 percent. . (d) Conforming amendment Section 215(i)(2)(C)(i) of the Social Security Act ( 42 U.S.C. 415(i)(2)(C)(i) ) is amended by striking the Commissioner's estimate of the extent to which the cost of such increase would be met by an increase in the contribution and benefit base under section 230 and the estimated amount of the increase in such base, . 6. New bend point for amounts above contribution and benefit base (a) In general Section 215(a)(1) of the Social Security Act ( 42 U.S.C. 415(a)(1) ) is amended— (1) in subparagraph (A)— (A) in clause (ii), by striking and ; (B) in clause (iii), by striking the comma at the end and inserting the following: but do not exceed the amount established for purposes of this clause by subparagraph (B), and ; and (C) by inserting after clause (iii) the following: (iv) 3 percent of the individual’s average indexed monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (iii), ; and (2) in subparagraph (B)— (A) by inserting and before 2015 after 1979 in clause (ii); (B) by redesignating clause (iii) as clause (v); (C) by inserting after clause (ii) the following: (iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in the calendar year 2015— (I) the amounts established for purposes of clauses (i) and (ii) of subparagraph (A) shall be the amounts so established under clause (ii) of this subparagraph for such calendar year; and (II) the amount established for purposes of clause (iii) of subparagraph (A) shall be the amount of the contribution and benefit base with respect to remuneration paid (and taxable years beginning) in calendar year 2015. (iv) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits), in any calendar year after 2015, the amount so established shall equal the product of the corresponding amount established with respect to the calendar year 2015 under clause (iii) of this subparagraph and the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, by (II) the national average wage index (as so defined) for 2013. ; and (D) in clause (v), as so redesignated by subparagraph (A) of this paragraph, by inserting and clause (iv) after clause (ii) . (b) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B)) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2014. 7. Increase in employment tax rate (a) Wages (1) Employees Subsection (a) of section 3101 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Old-Age, survivors, and disability insurance (1) In general In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the applicable percentage of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b)). (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means the percentage determined under the following table: The applicable In case of wages received during: percentage shall be: 2015 6.25 percent 2016 6.30 percent 2017 6.35 percent 2018 6.40 percent 2019 6.45 percent 2020 or thereafter 6.50 percent. . (2) Employers Subsection (a) of section 3111 of such Code is amended to read as follows: (a) Old-Age, survivors, and disability insurance (1) In general In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the wages (as defined in section 3121(a)) paid by him with respect to employment (as defined in section 3121(b)). (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means the percentage determined under the following table: The applicable In case of wages received during: percentage shall be: 2015 6.25 percent 2016 6.30 percent 2017 6.35 percent 2018 6.40 percent 2019 6.45 percent 2020 or thereafter 6.50 percent. . (b) Self-Employment Subsection (a) of section 1401 of such Code is amended to read as follows: (a) Old-Age, survivors, and disability insurance (1) In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means the percentage determined under the following table: In case of a taxable year The applicable   beginning during calendar year: percentage shall be: 2015 12.5 percent 2016 12.6 percent 2017 12.7 percent 2018 12.8 percent 2019 12.9 percent 2020 or thereafter 13.0 percent. . (c) Effective date The amendments made by this section shall apply with respect to remuneration received, and taxable years beginning after, December 31, 2014. 8. Non-application of increase in Social Security benefits for means-tested programs Any increase in monthly insurance benefits under title II of the Social Security Act as a result of the amendments made by this Act shall not be regarded as income or resources for any month after December 2014, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.

https://www.govinfo.gov/content/pkg/BILLS-113hr1374ih/xml/BILLS-113hr1374ih.xml

113-hr-1375

I 113th CONGRESS 1st Session H. R. 1375 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Mullin 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 facilitate the development of wind energy resources on Federal lands. 1. Short title This Act may be cited at the Reducing Regulatory Obstacles to Wind Energy Production Act . 2. Onshore meteorological site testing and monitoring project (a) Definition of meteorological site testing and monitoring project In this section, the term meteorological site testing and monitoring project means a project carried out on land administered by the Bureau of Land Management or the Forest Service to test or monitor weather (including wind and solar energy) using towers or other devices, that— (1) causes— (A) less than 1 acre of soil or vegetation disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of soil or disruption within the proposed right-of-way for the project; (2) is installed— (A) to the maximum extent practicable, using existing access roads; (B) in a manner that does not require off-road motorized access other than 1 installation activity and 1 decommissioning activity along an identified off-road route approved by the Director of the Bureau of Land Management or Chief of the Forest Service; (C) without construction of new roads other than upgrading of existing minor drainage crossings for safety purposes; and (D) without the use of digging or drilling equipment vehicles other than rubber-tired vehicles with gross weight ratings under 8,500 pounds; (3) is decommissioned not more than 5 years after the date of commencement of the project, including— (A) removal of any towers, devices, or other surface infrastructure from the site; and (B) restoration of the site to approximately the condition that existed at the time the project began; and (4) provides meteorological information obtained by the permitted project to the Bureau of Land Management and the Forest Service. (b) NEPA exclusion 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 a meteorological site testing and monitoring project. (c) Permit timeline and conditions (1) In general The Director of the Bureau of Land Management or Chief of the Forest Service, as applicable, shall decide whether to issue a permit for a project that is a meteorological site testing and monitoring project within 30 days after receiving an application for the permit. (2) Public comment and consultation During the period referred to in paragraph (1), the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable, shall— (A) provide an opportunity for submission of comments by the public; and (B) consult with the heads of other Federal, State, and local agencies that would be affected by the issuance of the permit. (3) Denial of Application If the application is denied, the Director or Chief, respectively, shall provide the applicant— (A) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies, and (B) an opportunity to remedy any deficiencies. (d) Protection of information The information provided to the Bureau of Land Management and the Forest Service pursuant to subsection (a)(4) shall be treated by such agency as proprietary information and protected against disclosure.

https://www.govinfo.gov/content/pkg/BILLS-113hr1375ih/xml/BILLS-113hr1375ih.xml

113-hr-1376

I 113th CONGRESS 1st Session H. R. 1376 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Payne (for himself, Mr. Sires , Mr. Lance , Mr. Andrews , Mr. LoBiondo , Mr. Garrett , Mr. Runyan , Mr. Holt , Mr. Frelinghuysen , Mr. Pallone , Mr. Pascrell , and Mr. Smith of New Jersey ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 369 Martin Luther King Jr. Drive in Jersey City, New Jersey, as the Judge Shirley A. Tolentino Post Office Building . 1. Judge Shirley A. Tolentino Post Office Building (a) Designation The facility of the United States Postal Service located at 369 Martin Luther King Jr. Drive in Jersey City, New Jersey, shall be known and designated as the Judge Shirley A. Tolentino Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Judge Shirley A. Tolentino Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr1376ih/xml/BILLS-113hr1376ih.xml

113-hr-1377

I 113th CONGRESS 1st Session H. R. 1377 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Pearce (for himself, Ms. Michelle Lujan Grisham of New Mexico , and 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 Mescalero Apache Tribe to lease adjudicated water rights. 1. Short title This Act may be cited as the Mescalero Apache Tribe Leasing Authorization Act . 2. Definitions In this Act: (1) Adjudicated water rights The term adjudicated water rights means water rights that were adjudicated to the Tribe in State v. Lewis, 116 N.M. 194, 861 P. 2d 235 (1993). (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means the State of New Mexico. (4) Tribe The term Tribe means the Mescalero Apache Tribe. 3. Authorization to lease adjudicated water rights (a) In general Notwithstanding any other provision of law, subject to subsections (b) and (c), the Tribe may lease, enter into a contract with respect to, or otherwise transfer to another party, for another purpose, or to another place of use in the State, all or any portion of the adjudicated water rights. (b) State law In carrying out any action under subsection (a), the Tribe shall comply with all laws (including regulations) of the State with respect to the leasing or transfer of water rights. (c) Alienation; maximum term (1) Alienation The Tribe shall not permanently alienate any adjudicated water rights. (2) Maximum term The term of any water use lease, contract, or other agreement under this section (including a renewal of such an agreement) shall be not more than 99 years. (d) Liability The Secretary shall not be liable to the Tribe or any other person for any loss or other detriment resulting from a lease, contract, or other arrangement entered into pursuant to this section. (e) Purchases or grants of land from Indians The authorization provided by this Act for the leasing, contracting, and transfer of the adjudicated water rights shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes (25 U.S.C. 177). (f) Prohibition on forfeiture The nonuse of all or any portion of the adjudicated water rights by a lessee or contractor shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the adjudicated water rights.

https://www.govinfo.gov/content/pkg/BILLS-113hr1377ih/xml/BILLS-113hr1377ih.xml

113-hr-1378

I 113th CONGRESS 1st Session H. R. 1378 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Peters of California (for himself, Mr. Hunter , Mr. Huffman , Mr. Garamendi , Mr. Thompson of California , Ms. Matsui , Mr. Bera of California , Mr. McNerney , Mr. George Miller of California , Ms. Pelosi , Ms. Lee of California , Ms. Speier , Mr. Swalwell of California , Mr. Costa , Mr. Honda , Ms. Eshoo , Ms. Lofgren , Mr. Farr , Mrs. Capps , Ms. Brownley of California , Ms. Chu , Mr. Schiff , Mr. Cárdenas , Mr. Sherman , Mrs. Napolitano , Mr. Waxman , Mr. Becerra , Mrs. Negrete McLeod , Mr. Ruiz , Ms. Bass , Ms. Linda T. Sánchez of California , Ms. Roybal-Allard , Mr. Takano , Ms. Waters , Ms. Hahn , Ms. Loretta Sanchez of California , Mr. Lowenthal , Mr. Vargas , and Mrs. Davis of California ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the United States courthouse located at 333 West Broadway in San Diego, California, as the James M. Carter and Judith N. Keep United States Courthouse . 1. Designation The United States courthouse located at 333 West Broadway in San Diego, California, shall be known and designated as the James M. Carter and Judith N. Keep United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the James M. Carter and Judith N. Keep United States Courthouse .

https://www.govinfo.gov/content/pkg/BILLS-113hr1378ih/xml/BILLS-113hr1378ih.xml

113-hr-1379

I 113th CONGRESS 1st Session H. R. 1379 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Pierluisi (for himself, Mr. Mica , Mr. Serrano , Ms. Ros-Lehtinen , Mr. Grijalva , Mr. King of New York , Mr. Conyers , Mr. Diaz-Balart , Mr. Grayson , Mr. Young of Alaska , Mr. Faleomavaega , Mrs. Christensen , and Ms. Bordallo ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to allow certain hospitals in Puerto Rico to qualify for incentives for adoption and meaningful use of certified EHR Technology under the Medicare program. 1. Short title This Act may be cited as the Puerto Rico Hospital HITECH Amendments Act of 2013 . 2. Application of Medicare HITECH payments to hospitals in Puerto Rico (a) In general Subsection (n)(6)(B) of section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) is amended by striking subsection (d) hospital and inserting hospital that is a subsection (d) hospital or a subsection (d) Puerto Rico hospital . (b) Conforming amendments (1) Subsection (b)(3)(B)(ix) of section 1886 of the Social Security Act is amended— (A) in subclause (I), by striking (n)(6)(A) and inserting (n)(6)(B) ; and (B) in subclause (II), by striking a subsection (d) hospital and inserting an eligible hospital . (2) Paragraphs (2) and (4)(A) of section 1853(m) of the Social Security Act ( 42 U.S.C. 1395w–23(m) ) are each amended by striking 1886(n)(6)(A) and inserting 1886(n)(6)(B) . (c) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise. (d) Effective date The amendments made by this section shall apply as if included in the enactment of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–3 ), except that, in order to take into account delays in the implementation of this section, in applying subsections (b)(3)(B)(ix), (n)(2)(E)(ii), and (n)(2)(G)(i) of section 1886 of the Social Security Act as amended by this section, any reference in such subsections to a particular year shall be treated with respect to a subsection (d) Puerto Rico hospital as a reference to the year that is 2 years after such particular year.

https://www.govinfo.gov/content/pkg/BILLS-113hr1379ih/xml/BILLS-113hr1379ih.xml

113-hr-1380

I 113th CONGRESS 1st Session H. R. 1380 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Quigley (for himself, Mr. Amash , Mr. Cummings , Mr. Cooper , Ms. Norton , Mr. Yarmuth , Mr. Danny K. Davis of Illinois , Mrs. Carolyn B. Maloney of New York , Ms. Speier , Mr. Kind , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Public Printer to establish and maintain a website accessible to the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place, and for other purposes. 1. Short title This Act may be cited as the Access to Congressionally Mandated Reports Act . 2. Establishment of website for congressionally mandated reports (a) Requirement To establish website Not later than one year after the date of the enactment of this Act, the Public Printer shall establish and maintain a website accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Public Printer may publish other reports on such website. (b) Content and function The Public Printer shall ensure that the website required under subsection (a) includes the following: (1) With respect to each congressionally mandated report, each of the following: (A) A citation to the statute or conference report requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) Subject tags. (vi) The serial number, Su­per­in­ten­dent of Documents number, or other identification number for the report, if applicable. (vii) The statute or conference report requiring the report. (viii) Key words. (ix) Full text search. (x) Any other relevant information specified by the Public Printer. (D) The time and date when the report was required to be submitted, and when the report was submitted, to the website. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports or a selection of reports retrieved using a search. (3) A means for the head of each Federal agency to publish on the website each congressionally mandated report of the agency, as required by section 3. (4) A list form for all congressionally mandated reports that can be searched, sorted, and down­loaded by— (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) reports not submitted. (c) Free access The Public Printer may not charge a fee, require registration, or impose any other limitation in exchange for access to the website required under subsection (a). (d) Upgrade capability The website required under subsection (a) shall be enhanced and updated as necessary to carry out the purposes of this Act. 3. Federal agency responsibilities (a) Submission of electronic copies of reports The head of each Federal agency shall publish congressionally mandated reports of the agency on the website required under section 2(a)— (1) in an open format that is platform independent, machine readable, and available to the public without restrictions (except the redaction of information described under section 5), including restrictions that would impede the re-use of the information in the reports; and (2) in accordance with the guidance issued under subsection (c). (b) Submission of additional information The head of each Federal agency shall submit to the Public Printer the information required under subparagraphs (A) through (D) of section 2(b)(1) with respect to each congressionally mandated report published pursuant to subsection (a). (c) Guidance Not later than eight months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Public Printer, shall issue guidance to agencies on the implementation of this Act. 4. Removing and altering reports A report submitted to be published to the website required under section 2(a) may only be changed or removed, with the exception of technical changes, by the head of the Federal agency concerned with the express, written consent of the chairman of each congressional committee to which the report is submitted. 5. Relationship to the Freedom of Information Act (a) In general Nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code, or to impose any affirmative duty on the Public Printer to review congressionally mandated reports submitted for publication to the website established under section 2(a) for the purpose of identifying and redacting such information or records. (b) Redaction of report With respect to each congressionally mandated report, the relevant head of each Federal agency shall redact any information that may not be publicly released under section 552(b) of title 5, United States Code, before submission for publication on the website established under section 2(a), and shall— (1) redact only such information from the report; (2) identify where any such redaction is made in the report; and (3) identify the exemption under which each such redaction is made. 6. Definitions In this Act: (1) Congressionally mandated report The term congressionally mandated report means a report that is required to be submitted to either House of Congress or any committee of Congress by statute or by a conference report that accompanies legislation enacted into law. (2) Federal agency The term Federal agency has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. 7. Implementation Except as provided in section 3(c), this Act shall be implemented not later than one year after the date of the enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date occurring one year after such date of enactment.

https://www.govinfo.gov/content/pkg/BILLS-113hr1380ih/xml/BILLS-113hr1380ih.xml

113-hr-1381

I 113th CONGRESS 1st Session H. R. 1381 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Rokita (for himself, Mr. Franks of Arizona , Mr. Pitts , Mr. Pittenger , Mr. Cole , Mr. Harris , Mr. Duncan of South Carolina , Mr. Messer , and Mr. LaMalfa ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified elementary and secondary education tuition. 1. Short title This Act may be cited as the Educational Opportunities Act . 2. Tax credit for contributions to scholarship granting organizations (a) Credit for individuals (1) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Qualified elementary and secondary education tuition (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. (b) Dollar limitation The amount allowed as a credit under subsection (a) with respect to any taxpayer shall not exceed— (1) $2,250, in the case of a married individual filing a separate return, and (2) $4,500, in any other case. (c) Qualified contributions; other definitions For purposes of this section— (1) Qualified contribution The term qualified contribution means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization. (2) Scholarship granting organization The term scholarship granting organization means any organization— (A) which is described in section 501(c)(3) and exempt from tax under section 501(a), (B) whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students, and (C) which meets the requirements of subsection (d). (3) Eligible student The term eligible student means an individual— (A) who is enrolled in an elementary or secondary school (within the meaning of section 530(b)(3)(B), after the application of paragraph (4)(B)), and (B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services). (4) Qualified elementary and secondary education expenses The term qualified elementary and secondary education expenses has the meaning given such term by section 530(b)(3), except that— (A) child shall be substituted for beneficiary and a child shall be substituted for the designated beneficiary of the trust in clauses (i) and (iii) of subparagraph (A) thereof, and (B) in applying such paragraph, the term school shall only include schools which— (i) charge tuition for attendance, (ii) comply with all applicable State laws, including laws relating to unlawful discrimination, health and safety requirements, and criminal background checks of employees, and (iii) agree to provide annual reports as described in subsection (e) to a scholarship granting organization and to the parents or guardians of eligible students receiving a scholarship from the scholarship granting organization. (5) Scholarship The term scholarship does not include any payment to fulfill or fund any obligation or project of any school or school system to provide a free, appropriate public education. (d) Requirements for scholarship granting organizations An organization meets the requirements of this section if— (1) such organization does not provide grants to eligible students for any expenses other than qualified elementary and secondary education expenses, (2) such organization provides grants to— (A) more than 1 student, and (B) different students attending more than 1 school, (3) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student or to any specific school or group of schools, (4) such organization takes appropriate steps to verify the annual household income and family size of eligible students to which it provides grants, (5) such organization obtains annual audits from an independent certified public accountant and submits such audits to the Secretary, (6) no employee of such organization has violated any law relating to the audit described in paragraph (4), and (7) such organization— (A) requires any eligible student who receives a scholarship— (i) to participate in the evaluation conducted by the Institute of Education Science under section 2(d) of the Educational Opportunities Act , and (ii) to permit such organization to share assessment information and other data regarding the student with the Institute in accordance with subparagraph (B), and (B) provides the reports described in subsection (e)(1)(C) and such other information as necessary to the Director of the Institute of Education Science for the purposes of identifying eligible students receiving a scholarship from such organization and conducting the evaluations and reports required under section 2(d) of the Educational Opportunities Act . For purposes of paragraph (5), the term independent certified public accountant means, with respect to an organization, a certified public accountant which is not a related person (within the meaning of section 465(b)(3)(C)) with respect to such organization or any employee of such organization. (e) Eligible school reporting requirement (1) In general The reports described in this subsection include— (A) a report to the parents on the student’s academic achievement, including a comparison with the aggregate academic achievement of other students in the same grade or level at the school who receive a scholarship from a scholarship granting organization, if available, and (B) a report, to each scholarship granting organization that provides scholarships to students at the school, that includes— (i) the test results, in the aggregate and disaggregated by race or ethnicity and grade level, of the students receiving such scholarships who are in grades 3 through 12 on a grade-appropriate nationally norm-referenced standardized test, or a grade-appropriate State-recognized assessment, and (ii) any additional data requested by the Director of the Institute of Education Sciences in accordance with section 2(d)(B) of the Educational Opportunities Act . (2) No personally identifiable information In preparing and submitting the report described in paragraph (1)(B), a school shall not include any personally identifiable information regarding a student. (f) Denial of double benefit No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (g) Election This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year. . (2) 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. Qualified elementary and secondary education tuition. . (b) Credit for corporations (1) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Contributions to scholarship granting organizations (a) General rule For purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. (b) Limitation The amount of the credit determined under this section for any taxable year shall not exceed $100,000. (c) Qualified contributions For purposes of this section, the term qualified contribution has the meaning given such term under section 25E. (d) Denial of double benefit No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (e) Election This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year. . (2) Conforming amendments (A) Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period and inserting , plus at the end of paragraph (36), and by adding at the end the following new paragraph: (37) the education scholarship credit determined under section 45S(a). . (B) 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 to scholarship granting organizations. . (c) Excise tax on failure of scholarship granting organizations To make distributions (1) In general Chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: H Scholarship granting organizations Sec. 4968. Tax on failure to distribute receipts. 4968. Tax on failure to distribute receipts (a) Tax imposed There is hereby imposed a tax on the failure of a scholarship granting organization (as defined in section 25E(c)(2)) to make distributions in any taxable year in an amount equal to or in excess of the required distribution amount before the distribution deadline. (b) Amount of tax The tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of— (1) the required distribution amount with respect to the taxable year, over (2) the amount of receipts of the scholarship granting organization for such taxable year which are distributed before the distribution deadline with respect to such receipts. (c) Definitions For purposes of this section— (1) Required distribution amount The required distribution amount with respect to a taxable year is the amount equal to 90 percent of the total receipts of the scholarship granting organization for such taxable year. (2) Distributions The term distribution includes amounts which are formally committed but not distributed. (3) Distribution deadline The distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the scholarship granting organization. (d) Reasonable cause exception The tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause. . (2) Abatement of tax (A) General rule Subsection (b) of section 4962 of such Code is amended by striking or G and inserting G, or H . (B) First tier tax Subsection (a) of section 4963 of such Code is amended by inserting 4968, after 4967, . (C) Taxable event Subsection (c) of section 4963 of such Code is amended by inserting 4968, after 4967, . (3) Correction period Subparagraph (A) of section 4963(e)(2) of such Code is amended by inserting or 4968 after 4942 . (4) Conforming amendment The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: Subchapter H. Scholarship granting organizations . (d) Evaluations (1) Definitions In this section— (A) the terms eligible student , qualified elementary and secondary education expenses , and scholarship granting organization have the meanings given such terms in section 25E(c) of the Internal Revenue Code of 1986, as added by this Act; (B) the term Director means the Director of the Institute of Education Sciences; and (C) the term participating student means an eligible student who receives a scholarship for qualified elementary and secondary education expenses from a scholarship granting organization. (2) Evaluations (A) In general By not later than April 1 of the year following the year of the date of enactment of this Act, and by April 1 of each subsequent year, the Director shall conduct an annual evaluation to determine the effectiveness of scholarships provided by scholarship granting organizations to eligible students in improving the academic achievement and success of the eligible students. (B) Contents of the evaluation In conducting the evaluation required under this subsection, the Director shall— (i) request, from each scholarship granting organization, the reports provided to the scholarship granting organization by the schools accepting participating students, in accordance with section 25E(e)(1)(B); (ii) using the reports described in clause (i), assess the academic achievement of all participating students in grades 3 through 12, based on the nationally norm-referenced standardized test or State-recognized assessment used by each school; (iii) evaluate the school retention rates, secondary school graduation rates, and institution of higher education admission rates of participating students; (iv) evaluate the success of the tax credits allowed under sections 25E and 45S of the Internal Revenue Code of 1986, as added by this Act, in expanding school choice options for parents of participating students, increasing the satisfaction of such parents and students, and increasing parental involvement of such parents in the education of their students; and (v) evaluate such other issues with respect to the education of participating students as the Director considers appropriate for inclusion in the evaluation. (3) Reports By not later than April 1 of the year after the year of the first evaluation under paragraph (2), and by April 1 of each subsequent year, the Director shall submit to the Committee on Ways and Means and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Finance and the Committee on Education and the Workforce of the House of Representatives, an annual report on scholarships provided by scholarship granting organizations that incorporates the results of the most recent evaluation described in paragraph (2). (4) Prohibition No personally identifiable information shall be disclosed in the data, evaluations, and reports required under this subsection. (5) Public availability The Director shall make all evaluations, reports, and underlying data gathered pursuant to this subsection available to the public, upon request and in a timely manner following submission of the applicable report or evaluation under this subsection, subject to paragraph (4). (e) Effective date The amendments made by subsections (a), (b), and (c) shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1381ih/xml/BILLS-113hr1381ih.xml

113-hr-1382

I 113th CONGRESS 1st Session H. R. 1382 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Ruppersberger (for himself and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, to establish a constituent-driven program that collects priority coastal geospatial data and supports an information platform capable of efficiently integrating coastal data with decision support tools, training, and best practices to inform and improve local, State, regional, and Federal capacities to manage the coastal region. 1. Short title This Act may be cited as the Digital Coast Act of 2013 . 2. Findings The Congress finds that— (1) the lack of current, accurate, uniform, and standards-based geospatial information to characterize the United States coastal region presents a significant liability to adequately manage and maintain the Nation’s— (A) environment; (B) infrastructure; (C) economy; and (D) public safety and homeland security; (2) more than half of all people of the United States (153 million) currently live on or near a coast and an additional 12 million are expected in the next decade; (3) coastal counties in the United States average 300 persons per square mile, compared with the national average of 98; (4) on a typical day, more than 1,540 permits for construction of single-family homes are issued in coastal counties, combined with other commercial, retail, and institutional construction to support this population; (5) over half of the Nation’s economic productivity is located within coastal regions; (6) highly accurate, high-resolution remote sensing and other geospatial data play an important role in management of the coastal zone and economy, including for flood and coastal storm surge prediction; hazard risk and vulnerability assessment; emergency response and recovery planning; community resilience to longer range climate change impacts; permitting and zoning decisionmaking; habitat and ecosystem health assessments; and landscape change detection; and (7) the Digital Coast is a model approach in effective Federal partnerships with local and State government, nongovernmental organizations, and the private sector. 3. Definitions In this Act: (1) The term Digital Coast means a constituent-driven effort led by the Secretary to provide an enabling platform that integrates geospatial data, decision support tools, training, and best practices to address coastal and emergency management issues and needs. The Digital Coast strives to sustain and enhance coastal economies and ecosystem services by helping communities address their issues, needs, and challenges through cost-effective and participatory solutions. (2) The term remote sensing and other geospatial means collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the Earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, lidar, and services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services. (3) The term Secretary means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (4) The term State — (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Chesapeake Bay, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes; and (B) includes Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, American Samoa, and any portion of a State that is located within 100 kilometers of the Atlantic or Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico, or the Great Lakes. (5) The term coastal region means the area of United States waters extending inland from the shoreline to include coastal watersheds and seaward to the territorial sea. (6) The term Federal Geographic Data Committee means the interagency committee that promotes the coordinated development, use, sharing, and dissemination of geospatial data on a national basis. 4. Building the digital coast (a) Establishment and implementation (1) In general The Secretary shall establish and implement the Digital Coast to collect the following priority supporting data and integrate such data with other available data for the benefit of the broadest measure of coastal resource management constituents and applications: (A) Coastal elevation data. (B) Land use and land cover data. (C) Benthic habitat and submerged aquatic vegetation data. (D) Parcels data. (E) Planimetric data. (F) Socioeconomic and human use data. (2) Focus on filling needs and gaps In implementing this section, the Secretary shall— (A) recognize that remote sensing and other geospatial data acquisition for navigational and positioning purposes is carried out through other authorities and programs; and (B) focus on filling data needs and gaps for critical coastal management issues. (b) Data integration, tool development, training, documentation, dissemination, and archive The Secretary shall— (1) make data and resulting integrated products developed under this section readily accessible via the Digital Coast and other related Internet technologies; (2) develop decision support tools that use and display resulting integrated data and provide training on use of such tools; (3) document such data to Federal Geographic Data Committee standards; and (4) archive all raw data acquired under this Act at the appropriate National Oceanic and Atmospheric Administration data center or other appropriate Federal data center. (c) Coordination The Secretary shall coordinate the activities carried out pursuant to this Act to maximize data sharing and integration and minimize duplication by— (1) coordinating activities, when appropriate, with— (A) other Federal efforts, including efforts under the Ocean and Coastal Mapping Integration Act ( 33 U.S.C. 3501 et seq. ), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), and the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3601 et seq. ); (B) coastal States and United States territories; (C) local governments; and (D) representatives of nongovernmental entities; (2) participating, pursuant to section 216 of Public Law 107–347 ( 44 U.S.C. 3501 note), in the establishment of such standards and common protocols as are necessary to assure the interoperability of remote sensing and other geospatial data with all users of such information within— (A) the National Oceanic and Atmospheric Administration; (B) other Federal agencies; (C) State and local government; and (D) the private sector; (3) coordinating with, seeking assistance and cooperation of, and providing liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A–16 and Executive Order No. 12906; and (4) providing for the utilization of contracts with the private sector, to the maximum extent practicable, to provide such products and services as are necessary to collect remote sensing and other geospatial data; which contracts shall be considered surveying and mapping services as such term is used and as such contracts are awarded at the discretion of the Secretary in accordance with the selection procedures in chapter 11 of title 40, United States Code. 5. Coastal Services Centers (a) Establishment The Secretary shall establish, within the National Oceanic and Atmospheric Administration, the Coastal Services Centers to facilitate the development of products and services that address the needs of local, State, and regional entities involved with coastal and ocean decisionmaking including those State coastal management and research reserves benefitting from this Act, and to lead development and maintenance of the Digital Coast. (b) Purpose The purpose of the Coastal Services Centers shall be to— (1) support the environmental, social, and economic well-being of the coast by linking people, information, and technology; (2) identify and assess coastal and ocean management needs and increase the capabilities and capacities of managers to address them at the local, State, and regional levels; (3) manage the Digital Coast program to carry out the intent of this Act; (4) convene and engage coastal managers and decisionmakers in dialog concerning coastal issues and share information and best practices across this audience; and (5) collaborate with various programs of the National Oceanic and Atmospheric Administration, other Federal agencies, and nongovernmental entities to bring data, information, services, and tools to the Nation’s coastal and ocean decisionmakers. (c) Financial agreements To carry out this Act, including to provide program support to non-Federal entities that participate in implementing this Act, the Secretary— (1) may enter into financial agreements including grants, cooperative agreements, interagency agreements, and contracts with other Federal, tribal, State, and local governmental and nongovernmental entities; and (2) may collect registration fees in support of training, workshops, and conferences that advance the purposes of this Act. 6. Authorization of appropriations There is authorized to be appropriated to the Secretary $85,000,000 for each of fiscal years 2014 through 2019 to carry out this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1382ih/xml/BILLS-113hr1382ih.xml

113-hr-1383

I 113th CONGRESS 1st Session H. R. 1383 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Sablan (for himself, Mrs. Christensen , Ms. Bordallo , and Mr. Faleomavaega ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend title XIV of division A of the American Recovery and Reinvestment Act of 2009 to equalize the treatment of States and outlying areas. 1. Treatment of outlying areas (a) In general Section 14001 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 279) is amended— (1) by striking subsection (a); (2) in subsection (c), by striking subsections (a) and (b) and inserting subsection (a) ; (3) in subsection (d), by striking subsections (a), (b), and (c), and inserting subsections (a) and (b), ; (4) in subsection (e), by striking subsection (d), and inserting subsection (c), ; (5) in subsection (f)— (A) by striking subsection (e) and inserting subsection (d) ; and (B) by striking subsection (d). and inserting subsection (c). ; and (6) by redesignating subsections (b) through (f) as subsections (a) through (e), respectively. (b) Definitions Section 14013(5) of such division is amended— (1) by striking and the and insert the ; and (2) by striking Rico; and inserting Rico, and each of the outlying areas (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); .

https://www.govinfo.gov/content/pkg/BILLS-113hr1383ih/xml/BILLS-113hr1383ih.xml

113-hr-1384

I 113th CONGRESS 1st Session H. R. 1384 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Sablan introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 issuance of a Wildlife Refuge System Conservation Semipostal Stamp. 1. Short title This Act may be cited as the Wildlife Refuge System Conservation Semipostal Stamp Act of 2013 . 2. Wildlife refuge system conservation semipostal stamp (a) In general In order to afford a convenient way for members of the public to contribute to funding for the maintenance backlog and operational shortfall of the National Wildlife Refuge System, the United States Postal Service shall issue a semipostal stamp (referred to in this Act as the Wildlife Refuge System Conservation Semipostal Stamp ) in accordance with the provisions of this section. (b) Cost and use (1) In general The Wildlife Refuge System Conservation Semipostal Stamp shall be offered at a cost equal to the cost of mailing a letter weighing 1 ounce or less at the nonautomation single-piece first-ounce letter rate, in effect at the time of purchase, plus a differential of not less than 15 percent. (2) Voluntary use The use of any semipostal issued under this section shall be voluntary on the part of postal patrons. (3) Special rate The special rate of postage of an individual stamp under this section shall be an amount that is evenly divisible by 5. (c) Other terms and conditions The issuance and sale of the Wildlife Refuge System Conservation Semipostal Stamp shall be governed by the provisions of section 416 of title 39, United States Code, and regulations issued under such section, subject to subsection (b) and the following: (1) Disposition of proceeds (A) In general All amounts becoming available from the sale of the Wildlife Refuge System Conservation Semipostal Stamp (as determined under section 416(d) of such title 39) shall be transferred to the United States Fish and Wildlife Service, for the purpose described in subsection (a), through payments which shall be made at least twice a year, with the proceeds to be allocated to the National Wildlife Refuge System appropriation subactivity. (B) Proceeds not to be offset In accordance with section 416(d)(4) of such title 39, amounts becoming available from the sale of the Wildlife Refuge System Conservation Semipostal Stamp (as so determined) shall not be taken into account in any decision relating to the level of appropriations or other Federal funding to be furnished in any year to— (i) the United States Fish and Wildlife Service; or (ii) any of the funds identified in subparagraph (A). (2) Duration The Wildlife Refuge System Conservation Semipostal Stamp shall be made available to the public for a period of at least 2 years, beginning no later than 12 months after the date of the enactment of this Act. (3) Limitation The Wildlife Refuge System Conservation Semipostal Stamp shall not be subject to, or taken into account for purposes of applying, any limitation under section 416(e)(1)(C) of such title 39. (d) Definition For purposes of this Act, the term semipostal stamp refers to a stamp described in section 416(a)(1) of title 39, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr1384ih/xml/BILLS-113hr1384ih.xml

113-hr-1385

I 113th CONGRESS 1st Session H. R. 1385 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Schakowsky (for herself, Mr. Markey , Mr. Blumenauer , Ms. Chu , Mr. Conyers , Mr. Ellison , Mr. Grijalva , Mr. Hastings of Florida , Mr. Huffman , Mr. Lowenthal , Mr. Michaud , Mr. Moran , Ms. Norton , Ms. Pingree of Maine , Ms. Wasserman Schultz , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title VI of the Federal Food, Drug, and Cosmetic Act to ensure the safe use of cosmetics, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Safe Cosmetics and Personal Care Products 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. Cosmetic regulation. Subchapter A—Adulterated and misbranded cosmetics Subchapter B—Regulation of cosmetics Sec. 611. Definitions. Sec. 612. Registration of establishments and registration fees. Sec. 613. Ingredients labels on cosmetics. Sec. 614. Safety standard and good manufacturing practices. Sec. 615. Cosmetic and ingredient safety information. Sec. 616. Lists of ingredients and required responses. Sec. 617. Treatment of cosmetics based on ingredient lists. Sec. 618. Treatment of contaminants. Sec. 619. Cosmetic and ingredient statements. Sec. 620. Notification, nondistribution, and recall of adulterated or misbranded cosmetics. Sec. 621. Petitions. Sec. 622. Mandatory reporting of serious adverse events. Sec. 623. Nonconfidential information. Sec. 624. Animal testing alternatives. Sec. 625. Product Testing and Review Audit. Sec. 626. Resources for small businesses. Sec. 627. Interagency cooperation. Sec. 628. Savings clause. Sec. 629. Authorization of appropriations. Sec. 3. Worker issues. 2. Cosmetic regulation (a) In general Chapter VI of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 et seq. ) is amended— (1) by inserting before section 601 the following: A Adulterated and misbranded cosmetics ; and (2) by adding at the end the following: B Regulation of cosmetics 611. Definitions In this subchapter: (1) Brand owner The term brand owner means the entity responsible for bringing a cosmetic to market. (2) Contaminant The term contaminant means unintended substances, such as those that can originate from sources outside the chemical pathway, chemical processes, storage of primary substances, instability of the packaging or harmful byproducts of the manufacturing process. (3) Domestic establishment The term domestic establishment means an establishment located in any State that brings a cosmetic to market. (4) Foreign establishment The term foreign establishment means an establishment that brings a cosmetic to market and exports those cosmetics to the United States. (5) Ingredient The term ingredient means a chemical in a cosmetic, including— (A) chemicals that provide a technical or functional effect; (B) chemicals that have no technical or functional effect in the cosmetic but are present by reason of having been incorporated into the cosmetic as an ingredient of another cosmetic ingredient; (C) processing aids that are present by reason of having been added to a cosmetic during the processing of such cosmetic; (D) substances that are present by reason of having been added to a cosmetic during processing for their technical or functional effect; (E) the components of a fragrance, flavor, or preservative; and (F) any individual component that the Secretary deems an ingredient for purposes of this chapter. (6) Manufacturer The term manufacturer means the entity that produces ingredients or combines one or more ingredients to produce a cosmetic product. (7) Microbusiness The term microbusiness means a business— (A) that is a brand owner as defined in this subchapter; and (B) that has annual sales receipts for cosmetic products that do not exceed $2,000,000. (8) Professional use The term professional use means the use of any cosmetic— (A) by an employee (within the scope of the employment of such employee) of; or (B) purchased by a consumer in, a hair salon, nail salon, beauty salon, spa, or other establishment that provides cosmetic treatment services for humans. (9) Reasonable certainty of no harm With respect to an ingredient or cosmetic, the term reasonable certainty of no harm means that no harm will be caused to members of the general population or any vulnerable population by aggregate exposure to the cosmetic or ingredient, taking into account possible harmful effects from— (A) low-dose exposures to the cosmetic or ingredient; (B) additive effects resulting from repeated exposure to the cosmetic or ingredient over time; or (C) cumulative exposure resulting from all sources, including both the cosmetic or ingredient and environmental sources. (10) Reproductive or developmental toxicity With respect to an ingredient or cosmetic, the term reproductive or developmental toxicity means that the ingredient or cosmetic can contribute to biologically adverse effects on the development of humans or animals, including effects on the female or male reproductive system, the endocrine system, fertility, pregnancy, pregnancy outcomes, or modifications in other functions of the body that are dependent on the integrity of the reproductive system as well normal fetal development. (11) Serious adverse event The term serious adverse event means— (A) an acute or chronic response that results in death, a life-threatening experience, short- or long-term hospitalization, a persistent or significant disability or incapacity, or a congenital anomaly or birth defect; or (B) requires, based on a reasonable medical judgment, a medical or surgical intervention to prevent an outcome described above. (12) Supplier The term supplier means the entity that supplies ingredients, raw materials, or specific components of a cosmetic product, including packaging. (13) Vulnerable populations The term vulnerable populations includes pregnant women, infants, children, the elderly, and highly exposed populations, including workers employed by hair salons, nail salons, beauty salons, spas, other establishments that provide cosmetic treatment services for humans, and cosmetic manufacturing plants. 612. Registration of establishments and registration fees (a) Registration (1) In general Beginning 1 year after the date of the enactment of this subchapter, and annually thereafter, any brand owner (except for microbusinesses) engaged in bringing a cosmetic to market for use in the United States shall register with the Secretary and pay to the Secretary the applicable fee, as established under the fee schedule in subsection (e) . (2) Rules for domestic and foreign establishments To be registered under paragraph (1) — (A) as a domestic establishment, the owner, operator, or agent in charge of the domestic establishment shall submit a registration to the Secretary; or (B) as a foreign establishment, the owner, operator, or agent in charge of the foreign establishment shall— (i) submit a registration to the Secretary; and (ii) include with the registration the name of the United States agent for the foreign establishment. (3) New establishments Any brand owner that initially brings a cosmetic to market after the date on which the requirements of paragraph (1) apply shall, not later than 60 days after the date on which the establishment brings a cosmetic to market, register with the Secretary and pay the applicable fee, as required under paragraph (1) . (b) Submission of registration (1) In general In order to register under subsection (a) , an establishment (referred to in this section as the registrant ) shall submit to the Secretary, with respect to any cosmetics that the establishment brings to market, all of the following: (A) Any information necessary to notify the Secretary of the name, address, and legal status of each establishment at which, and all trade names under which, the registrant brings cosmetics to market. (B) A description of the establishment’s activities with respect to cosmetics, including a list of all cosmetic products brought to market by the establishment and the functions of such cosmetics. (C) The gross receipts or sales for the establishment from cosmetics. (2) Notification of changes When submitting the annual registration, the registrant shall notify the Secretary of changes to the information described in paragraph (1) . (c) Procedure Upon receipt of a completed registration submitted under subsection (a) , the Secretary shall notify the registrant of the receipt of such registration and assign a registration number to each registered establishment. (d) List of registered establishments (1) Maintenance of list The Secretary shall— (A) compile, maintain, and update as appropriate, a list of establishments that are registered under this section; (B) make such list publicly available; (C) remove from such list the name of any establishment that fails to register in accordance with this section; and (D) indicate on such list any establishment which has had its registration suspended or cancelled by the Secretary under this section. (2) Application of FOIA (A) Registration documents Any registration documents submitted pursuant to this section shall not be subject to disclosure under section 552 of title 5, United States Code. (B) Other information Information derived from— (i) the list under paragraph (1) ; or (ii) registration documents submitted pursuant to this section, shall not be subject to disclosure under section 552 of title 5, United States Code, except to the extent that such information discloses the identity or location of a specific registrant. (e) Fee schedule A schedule of fees shall be developed by the Secretary to provide for oversight and enforcement of this subchapter. The fee structure shall— (1) be prorated based on the establishment’s gross receipts or sales; and (2) only be assessed on companies with annual gross receipts or sales of cosmetics that exceed $10,000,000. (f) Suspension and cancellation of registration (1) Criteria for suspension Registration under this section is subject to suspension if the Secretary finds— (A) the information submitted by the establishment for registration under subsection (a) is incomplete, inaccurate, or out of date; (B) the establishment fails to notify the Secretary of changes required under subsection (b)(2) ; (C) the establishment fails to pay registration fees, as required under subsection (a) , in a timely manner; or (D) the establishment violates any portion of this chapter. (2) Suspension of registration If the Secretary determines that an establishment is subject to suspension under this subsection and that it is appropriate to suspend the registration of such establishment, the Secretary shall— (A) suspend the registration of such establishment; and (B) provide a notice of suspension to such establishment. (3) Cancellation If the establishment fails to correct the issue that resulted in the suspension under paragraph (2) before the last day of the 30-day period beginning on the date that the establishment receives notice under such paragraph, the Secretary may cancel the registration of such establishment. (g) Recordkeeping All establishments that are required to register under this section shall maintain records that include a current list of suppliers and manufacturers, if the registrant does not manufacture or package its own product. Those records shall be accessible by the Secretary upon request for review or audit. 613. Ingredients labels on cosmetics (a) In general Subject to subsections (b) and (c), the Secretary shall require that the label on each package of cosmetics (including cosmetics distributed for retail sale and professional use) bears a declaration of the name of each ingredient in such cosmetic in descending order of predominance. (b) Adjustments for label size (1) Rules for small products Not later than 6 months after the date of the enactment of this subchapter, the Secretary shall issue regulations that apply to any cosmetic for which the product packaging is not of sufficient size to bear or contain a label that meets the requirements of subsection (a) . (2) Requirements for public disclosure Such regulations shall establish requirements for listing ingredients on the label of such cosmetics and additional requirements for public disclosure of the ingredients in such cosmetics. (c) Special rule for contaminants The Secretary shall require, in the case of a contaminant, that a contaminant be declared on the label of a cosmetic, in the same manner as an ingredient under subsection (a), if the contaminant is present at the lower of the following levels: (1) A level that is greater than one part-per-billion by weight of product formation. (2) A level that is greater than one percent of the restriction on the concentration for such contaminant for such use, as determined by the Secretary under section 616(a)(2). (d) Labeling of nanomaterials in cosmetics The Secretary may require that— (1) minerals and other particulate ingredients be labeled as nano-scale on a cosmetic ingredient label or list if not less than 1 percent of the ingredient particles in the cosmetic are 100 nanometers or smaller in not less than 1 dimension; and (2) other ingredients in a cosmetic be designated with scale-specific information on a cosmetic ingredient label or list if such ingredients possess scale-specific hazard properties. (e) Labeling of ingredients in cosmetics sold through Internet commerce The Secretary shall require— (1) in the case of a cosmetic sold on the Web site of an Internet vendor, that the brand owner of such cosmetic provide to such Internet vendor a list of the ingredients of the cosmetic; and (2) that each Internet vendor display the list of ingredients of a cosmetic sold by such vendor on the Web page that is the primary Web page providing information relating to the sale of such cosmetic on the Web site of the vendor. (f) Trade secrets Notwithstanding any other provision of law, an ingredient required to be listed on a label under this section shall not be treated as a trade secret. (g) Application Beginning 18 months after the date of the enactment of this subchapter, the requirements of this section shall apply to— (1) all cosmetics that are available for retail sale; and (2) brand owners and Internet vendors of such cosmetics. 614. Safety standard and good manufacturing practices (a) Safety standard (1) In general Taking into account the expected use of a cosmetic, the Secretary shall establish a safety standard that, with respect to a cosmetic or an ingredient in a cosmetic provides a reasonable certainty of no harm (as such term is defined in section 611(7)) from exposure to the cosmetic or ingredient and protects the public from any known or anticipated adverse health effects associated with the cosmetic or ingredient. (2) Standards for establishing safety standard In establishing the safety standard under paragraph (1) , the Secretary shall ensure that— (A) the likely level of exposure to all sources of the ingredient or cosmetic (including environmental sources) that will result under the safety standard presents not more than a 1 in a million risk for any adverse health effect in any vulnerable population at the lower 95th percentile confidence interval; or (B) the safety standard results in exposure to the amount or concentration of an ingredient or cosmetic that is shown to produce no adverse health effects, incorporating an margin of safety of at least 1,000 and considering the impact of cumulative exposure from all sources (including environmental sources). (3) Use of other Federal standards If any Federal agency has promulgated a standard for an ingredient that satisfies the requirements under paragraph (1) , the Secretary may treat such standard as the safety standard under paragraph (1) for purposes of such ingredient. (4) Application of safety standard The Secretary may only determine that an ingredient or a cosmetic meets the safety standard under paragraph (1) if there is a reasonable certainty of no harm from exposure to the ingredient or cosmetic. (b) Good manufacturing practices (1) In general The Secretary shall issue guidance prescribing good manufacturing practices for cosmetics and ingredients, including quality control procedures that the Secretary determines are necessary, and shall update such regulations as necessary. (2) Consideration of small business In developing the guidance under paragraph (1) , the Secretary shall consider how such practices will impact small businesses. 615. Cosmetic and ingredient safety information (a) Required submission of all safety information (1) In general Brand owners of cosmetics shall submit to the Secretary (in an electronic format that the Secretary shall determine) all data and information that the brand owner can access regarding the safety of the— (A) ingredients listed on the cosmetic label under section 613 for a cosmetic; and (B) cosmetic itself. (2) Required information The required data and information under paragraph (1) shall include, for each ingredient in a cosmetic and for the cosmetic, the following: (A) Functions and uses. (B) Data and information on the physical, chemical, and toxicity of each such ingredient or cosmetic. (C) Exposure and fate information. (D) Results of all safety tests that the brand owner can access or has conducted. (E) Any other information used to substantiate the safety of such ingredient and cosmetic. (3) Deadlines (A) Initial submission A brand owner shall submit the data and information required under paragraph (1) — (i) in the case of an ingredient or cosmetic which is marketed for sale in interstate commerce on or before the date of the enactment of this subchapter, not later than 1 year after such date; and (ii) in the case of an ingredient or cosmetic which is not marketed for sale on or before such date— (I) not later than the end of the 14-month period beginning on the date of the enactment of this subchapter; or (II) if the ingredient or cosmetic is first marketed for sale in interstate commerce after the end of the period described in subclause (I) , not later than 60 days after the date on which such ingredient or cosmetic is first marketed for sale. (B) Updates (i) In general Subject to clause (ii) , a brand owner shall update the data and information submitted under subparagraph (A) annually. (ii) Adverse health effects In the case of information related to an adverse health effect that is suspected to be caused by an ingredient or a cosmetic, a brand owner shall update the information not later than 60 days after receiving such information. (4) Supplier and manufacturer information (A) Use of supplier or manufacturer information In order to meet the requirements of paragraph (1) with respect to an ingredient, a brand owner may submit safety data and information provided by the supplier or manufacturer of the ingredient or cosmetic. (B) Supplier or manufacturer provision of information If a brand owner requests that a supplier or manufacturer of an ingredient provide to such brand owner any of the data and information described under paragraph (2) or under section 617, such supplier or manufacturer shall provide such data and information to such brand owner not later than 90 days after receiving such request. (b) Database (1) Initial publication Not later than 1 year after the date of the enactment of this subchapter, the Secretary shall publish a comprehensive, publicly accessible database containing all nonconfidential information (as such term is used under section 623 ) submitted under subsection (a)(1) . (2) Updates Not later than 90 days after the Secretary receives new or updated information under subsection (a)(3)(B) , the Secretary shall update the database under paragraph (1) with such information. (c) Review and evaluation of information (1) In general Based on the data and information submitted under subsection (a)(1), available from an authoritative source (as such term is defined in paragraph (3) , including data described under section 627(b) ), and such other information as the Secretary may have available, the Secretary shall review and evaluate the safety of cosmetics and ingredients of cosmetics that are marketed in interstate commerce. (2) Consideration of nanomaterials The Secretary shall— (A) monitor developments in the scientific understanding from any adverse health effects related to the use of nanotechnology in the formulation of cosmetics (including progress in the standardization of testing methods and specific size definitions for nanomaterials); and (B) consider scale specific hazard properties of ingredients when reviewing and evaluating the safety of cosmetics and ingredients under paragraph (1) . (3) Authoritative source defined For purposes of this paragraph, the term authoritative source means— (A) the Environmental Protection Agency; (B) the International Agency for Research on Cancer; (C) the National Toxicity Program through the National Institutes of Health; (D) the California Environmental Protection Agency; and (E) any other authoritative international, Federal, and State entity, as determined by the Secretary. 616. Lists of ingredients and required responses (a) Placement on list (1) In general Based on an initial review and evaluation of an ingredient under subsection (c) , the Secretary shall place the ingredient on one of the following lists: (A) The prohibited and restricted list under subsection (b) . (B) The safe without limits list under subsection (c) . (C) The priority assessment list under subsection (d) . (2) Considerations In determining the placement of an ingredient on a list under subsection (a) , the Secretary shall consider whether the ingredient— (A) reacts with other substances to form harmful contaminants; (B) is found to be present in the body through biomonitoring; (C) is found in drinking water or air; (D) is a known or suspected neurological or immunological toxicant, respiratory asthmagen, carcinogen, teratogen, or endocrine disruptor, or have other toxicity concerns (including reproductive or developmental toxicity); or (E) is known to persist in the environment or bioaccumulate. (3) Prioritization of ingredients that are food In placing ingredients on the lists under paragraph (1) , the Secretary shall prioritize the placement of ingredients that are food (as such term is defined under section 201(f)) on such lists. (b) Prohibited and restricted list (1) In general Not later than 2 years after the date of the enactment of this subchapter, the Secretary shall issue, by regulation, a list of ingredients that are identified by the Secretary— (A) as prohibited for use because the Secretary determines that such ingredients are unsafe for use in cosmetics in any amount because such ingredients fail to meet the safety standard under section 614(a) ; or (B) as being subject to necessary restrictions in use or concentration to allow the use of the ingredient in a cosmetic to satisfy the safety standard. (2) Specification of restrictions In the case of any ingredient listed under paragraph (1)(B) , the Secretary shall specify the restrictions on use or concentration that are necessary to satisfy the safety standard for such ingredient. (3) Updates The Secretary shall, at a minimum, annually update the list under paragraph (1) , including any— (A) determinations under subsection (d)(3) ; or (B) new information that demonstrates that an ingredient fails to meet the safety standard, or requires restrictions on use to meet such standard. (4) Manufacturer requirements Not later than 1 year after the date that an ingredient is placed on a list under subsection (b) , any manufacturer using such ingredient in a cosmetic shall reformulate such cosmetic to— (A) eliminate the use of the ingredient, if it is listed under paragraph (1)(A) ; or (B) modify the use of the ingredient if it is listed under paragraph (1)(B) , to meet the restrictions specified under paragraph (2) . (c) Safe without limits list (1) In general Not later than 2 years after the date of the enactment of this subchapter, the Secretary shall issue, by regulation, a list of ingredients that the Secretary has determined are safe for use in cosmetics, without limits or restrictions. (2) Standard for inclusion in list The Secretary may only include an ingredient on the list under paragraph (1) if the Secretary determines that the ingredient meets the safety standard under section 614(a) , regardless of— (A) the type and form of cosmetic the ingredient is used in; and (B) the concentration of the ingredient that is used in a cosmetic. (3) Updates and redeterminations The Secretary shall annually update the list under paragraph (1) and may redetermine whether an ingredient distributed in commerce meets the safety standard if, in the judgment of the Secretary, new information raises a credible question as to whether the ingredient continues to meet the safety standard. (d) Priority assessment list and related safety determinations (1) In general Not later than 2 years after the date of the enactment of this subchapter, the Secretary shall develop and publish a priority assessment list of not less than 300 ingredients— (A) which, because of a lack of authoritative information on the safety of the ingredient, cannot be included on— (i) the list under subsection (b) (relating to prohibited and restricted ingredients); or (ii) the list under subsection (c) (relating to ingredients that are safe without limits); and (B) for which the Secretary has determined it is a priority to conduct a safety determination under paragraph (3) . (2) Annual addition of ingredients After the list is developed under paragraph (1) , the Secretary shall annually add at least 100 additional ingredients to such list until all ingredients that are used in the formulation or manufacture of cosmetics have been added— (A) to such list; (B) to the list under subsection (b) ; or (C) to the list under subsection (c) . (3) Determination of whether ingredient meets safety standard (A) Review of priority ingredients During the 2-year period following the date on which an ingredient is placed on the list under paragraph (1) , the Secretary shall— (i) collect data and information on such ingredient; and (ii) review and evaluate the safety of such ingredient. (B) Determination of list placement Not later than the end of the period under subparagraph (A) , the Secretary shall issue a determination, based on the review and evaluation under such clause, that— (i) the ingredient meets the requirements for inclusion on a list under subsection (b) (relating to prohibited and restricted ingredients) or subsection (c) (relating to ingredients that are safe without limits); or (ii) insufficient information exists to place the ingredient on either such list. (C) Guidance in the case of insufficient information If the Secretary determines under subparagraph (B) that, with respect to an ingredient, insufficient information exists to place such ingredient on either of the lists under subsection (b) or subsection (c) , the Secretary shall provide guidance on the data and information (including minimum data requirements and safety testing protocols) that the Secretary requires to evaluate whether the ingredient meets the safety standard under section 614(a) for purposes of placing such ingredient on such a list. (D) Comment period Upon issuing the determination under subparagraph (B) , and, if applicable, the guidance under subparagraph (C) , the Secretary shall provide a period of not less than 60 days for public comment on the determination before applying such determination to an ingredient, except that a shorter period for comment may be provided if the Secretary— (i) finds that it would be in the public interest to have a shorter period; and (ii) publicly declares the reasons for such finding. (4) Response to inadequate information Not later than 18 months after the date that the Secretary issues guidance under paragraph (3)(C) with respect to an ingredient subject to a determination under paragraph (3)(B) , a brand owner using such ingredient in a cosmetic shall— (A) reformulate such cosmetic to eliminate the use of the ingredient; or (B) provide the Secretary with the data and information specified in such guidance. (5) Evaluation of additional data and information With respect to an ingredient, not later than 6 months after the Secretary receives the data and information under paragraph (4)(B) the Secretary shall review such data and information and shall make a redetermination under paragraph (3)(B) for such ingredient, subject to the comment period under paragraph (3)(D) . (6) Limitation If the Secretary has not placed an ingredient on either of the lists under subsection (b) and subsection (c) by the end of the 5-year period beginning on the date that such ingredient is first placed on the list under subsection (d) , beginning on the first day after such period such ingredient may not be— (A) used in a cosmetic; and (B) manufactured, imported, distributed, or marketed for use in cosmetics. 617. Treatment of cosmetics based on ingredient lists (a) In general Subject to subsections (b)(4) and (d)(4) of section 616 , a brand owner may only distribute in interstate commerce a cosmetic that meets the safety standard under section 614(a) . (b) Presumption related to the safety of cosmetics (1) In general Subject to paragraph (2) , for purposes of subsection (a) , the Secretary shall presume that the following cosmetics meet the safety standard under section 614(a) : (A) A cosmetic that is made solely of ingredients on the list under section 616(c)(1) (relating to ingredients that are safe without limits). (B) A cosmetic that is made solely of ingredients on the list under section 616(b)(1)(B) (relating to ingredients subject to restrictions) and the use of each of such ingredients in such cosmetic is in compliance with the restrictions on the use of such ingredients specified under section 616(b)(2) . (C) A cosmetic that is made solely of ingredients described under subparagraph (A) and subparagraph (B) . (2) Exceptions The Secretary may require that a brand owner demonstrate that a cosmetic meets the safety standard under section 614(a) (including by requiring that the brand owner conduct safety testing, or request such safety testing from relevant suppliers and manufacturers, of a cosmetic described under paragraph (1) ) if the cosmetic— (A) contains penetration enhancers, sensitizers, estrogenic chemicals, or other similar ingredients; (B) contains ingredients that react with each other or with other substances to form harmful byproducts; or (C) the Secretary has any additional reason to believe that such cosmetic does not meet the safety standard under section 614(a) . (3) Guidance If, under paragraph (2) , the Secretary requires that a brand owner demonstrate that a cosmetic meets the safety standard under section 614(a) , the Secretary shall provide the brand owner with guidance on the data and information that the Secretary requires to evaluate whether the cosmetic meets the safety standard under such section. (c) Notification of failure of Secretary To act If the Secretary fails to act by an applicable deadline under section 616 or this section, brand owners and manufacturers of an ingredient or a cosmetic affected by such failure of the Secretary to act shall issue to the Secretary, the public, and each known customer of the ingredient or cosmetic, a written notice that a determination by the Secretary of the safety of the ingredient for use in cosmetics is pending. 618. Treatment of contaminants (a) Publication of list Not later than 1 year after the date of the enactment of this subchapter, and annually thereafter, the Secretary shall publish a list of contaminants of concern linked to severe acute reactions or long-term adverse health effects, including— (1) ingredients used in cosmetics that may contain contaminants of concern; (2) combinations of ingredients that may create contaminants of concern when such ingredients interact; (3) contaminants of concern that may leech from product packaging into a cosmetic; and (4) any other contaminant of concern identified by the Secretary that are present in cosmetics. (b) Evaluation; labeling The Secretary shall use the process described in sections 615 and 616 to evaluate contaminants of concern for possible elimination or restriction in cosmetics. The Secretary shall require that a contaminant on the list under subsection (a) be declared on the label of a cosmetic, in the same manner as an ingredient under section 613. (c) Requirements for testing (1) In general Not later than 1 year after the date of enactment of this subchapter, the Secretary shall establish, by rule, requirements for testing ingredients and cosmetics for contaminants listed under subsection (a) . (2) Contents The requirements under paragraph (1) shall include— (A) testing methods and applicable protocols; and (B) maximum allowable detection limits for each contaminant in an ingredient or cosmetic. (3) Update The Secretary shall annually update the requirements under paragraph (1) . (d) Supplier requirements Not later than 1 year after the promulgation of the rule under subsection (b)(1) , a supplier of an ingredient that is used in a cosmetic shall, with respect to such ingredient— (1) comply with the requirements under subsection (b)(1) for any ingredient listed under subsection (a) ; (2) conduct similar testing on any ingredient that— (A) the supplier expects may be used in a cosmetic; (B) the supplier suspects may contain a contaminant of concern; and (C) is not listed under subsection (a) ; and (3) upon the sale of an ingredient to the manufacturer, provide to the manufacturer specifications for the ingredient that— (A) include the levels of contaminants present in such ingredient; and (B) are based on the results of the tests under paragraph (1) and paragraph (2) . (e) Brand owner requirements Not later than 1 year after the promulgation of the rule under subsection (b)(1) , a brand owner of a cosmetic shall, with respect to each ingredient that the brand owner uses in a cosmetic— (1) obtain, from each supplier or manufacturer of the ingredient, specifications for the ingredient that include— (A) the level of each contaminant present in the ingredient; and (B) the detection limits of the analytical test used to detect the contaminant; or (2) comply with the requirements under paragraphs (1) and (2) of subsection (c) for the ingredient, in the same manner as if the brand owner were a supplier. 619. Cosmetic and ingredient statements (a) In general Beginning 1 year after the date of the enactment of this subchapter, each brand owner of a cosmetic intended to be marketed in the United States shall submit electronically to the Secretary, for each cosmetic that is intended to be marketed in the United States, a statement containing— (1) the registration number of the brand owner; (2) the brand name and the product name for the cosmetic; (3) the applicable use for the cosmetic; (4) the ingredient list as it appears on the cosmetic label or insert, including the particle size range of any nanoscale cosmetic ingredients; (5) any warnings and directions for use from the cosmetic label or insert; and (6) the title and full contact information for the individual responsible for submitting and maintaining such statement. (b) New cosmetics Any brand owner that begins to market a cosmetic after the date of the enactment of this subchapter shall comply with the requirements of subsection (a) beginning on the later of the following: (1) The end of the 18-month period beginning on the date of the enactment of this subchapter. (2) The 6-month period after the date on which the establishment begins to manufacture such cosmetic. (c) Notification of changes The brand owner shall notify the Secretary annually of any change to the information required under subsection (a) . (d) Procedure Upon receipt of a completed statement described under subsection (a) , the Secretary shall notify the brand owner of the receipt of such statement and assign a cosmetic statement number. (e) List The Secretary shall compile, maintain, and update as appropriate, a list of cosmetics for which statements are submitted under this section. (f) Access to safety information The cosmetic and ingredient statements collected under this section shall be added to the publicly accessible database created by the Secretary under section 615(b) . 620. Notification, nondistribution, and recall of adulterated or misbranded cosmetics (a) Notification of adulterated or misbranded cosmetics (1) In general A responsible party that has reason to believe that a cosmetic, when introduced into or while in interstate commerce, or while held for sale (regardless of whether such sale is the first sale of such cosmetic) after shipment in interstate commerce, is adulterated or misbranded in a manner that presents a reasonable probability that the use or exposure to the cosmetic (or an ingredient or component used in any such cosmetic) will cause a threat of serious adverse event shall notify the Secretary of the identity and location of the cosmetic. (2) Manner of notification Notification under paragraph (1) shall be made in such manner and by such means as the Secretary may require by regulation or guidance. (3) Responsible party defined For purposes of this subsection, the term responsible party means a brand owner, manufacturer, packager, retailer, or distributor of the cosmetic. (b) Voluntary recall The Secretary may request that any person who distributes a cosmetic that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act voluntarily— (1) recall such cosmetic; and (2) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. (c) Order To cease distribution (1) In general If the Secretary has reason to believe that— (A) the use of, or exposure to, a cosmetic may cause serious adverse event; (B) the cosmetic is misbranded; or (C) the cosmetic is marketed, manufactured, packaged, or distributed by an unregistered brand owner; the Secretary shall have the authority to issue an order requiring any person who distributes such cosmetic to immediately cease distribution of such cosmetic. (2) Cease distribution and notice Any person who is subject to an order under paragraph (1) shall immediately cease distribution of such cosmetic and provide notification as required by such order. (3) Appeal (A) 24 hours A person subject to an order under paragraph (1) may appeal such order to the Secretary within 24 hours of the issuance of such order. (B) Contents of appeal Such appeal may include a request for an informal hearing and a description of any efforts to recall such cosmetic undertaken voluntarily by the person, including after a request under subsection (b) . (C) Informal hearing Except as provided in subsection (e) , an informal hearing shall be held as soon as practicable, but not later than 5 calendar days (or less as determined by the Secretary) after such an appeal is filed, unless the parties jointly agree to an extension. (D) Impact on recall If an appeal is filed under subparagraph (A) , the Secretary may not amend the order to require a recall under subsection (d) until after the conclusion of the hearing under subparagraph (C) . (4) Vacation of order If the Secretary determines that inadequate grounds exist to support the actions required by the order under paragraph (1) , the Secretary shall vacate the order. (d) Order To recall (1) Amendment Except as provided under subsection (e) and subject to subsection (c)(3)(D) , if the Secretary determines that a recall of a cosmetic subject to an order under subsection (c) is appropriate, the Secretary shall amend the order to require a recall. (2) Contents An amended order under paragraph (1) shall— (A) specify a timetable in which the recall will occur; (B) require periodic reports to the Secretary describing the progress of the recall; and (C) provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. In providing for such notice, the Secretary may allow for the assistance of health professionals, State or local officials, or other individuals designated by the Secretary. (3) Nondelegation An amended order under this subsection may only be issued by the Secretary or an official designated by the Secretary, and may not be delegated to another official or employee. (4) Determination If the Secretary determines that inadequate grounds exist to support the amendment made to the order under paragraph (1) , the Secretary shall remove such amendment from such order. (e) Emergency recall order (1) In general If the Secretary has credible evidence or information that a cosmetic subject to an order under subsection (c) presents an imminent threat of serious adverse event, the Secretary may issue an order requiring any person who distributes such cosmetic— (A) to immediately recall such cosmetic; and (B) to provide for notice, including to individuals as appropriate, to persons who may be affected by the recall. (2) Recall and notice Any person who is subject to an emergency recall order under this subsection shall immediately recall such cosmetic and provide notification as required by such order. (3) Appeal (A) 24 hours Any person subject to such an order may appeal such order to the Secretary within 24 hours of the issuance of such order. (B) Contents of appeal Such appeal may include a request for an informal hearing and a description of any efforts to recall such cosmetic undertaken voluntarily by the person, including after a request under subsection (b) . (C) Informal hearing An informal hearing shall be held as soon as practicable after the appeal is filed under subparagraph (A) , but not later than 5 calendar days after such an appeal is filed, or fewer days (as determined by the Secretary), unless the parties jointly agree to an extension. (4) Vacation of order If the Secretary determines that inadequate grounds exist to support the actions required by the order under paragraph (1) , the Secretary shall vacate the order. (5) Nondelegation An order under this subsection may only be issued by the Secretary or an official designated by the Secretary, and may not be delegated to another official or employee. (f) Notice to consumers and health officials The Secretary shall, as the Secretary determines to be necessary, provide notice of a recall order under this section to consumers to whom the cosmetic was, or may have been, distributed and to appropriate State and local health officials. (g) Supply chain information (1) In general In the case of a cosmetic that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act, the Secretary shall request that the brand owner named on the label of such cosmetic (as required under section 602(b)(1)) submit all of the following information: (A) The name and place of business of the manufacturer, packager, supplier, or distributor from which such entity received the cosmetic or ingredients for manufacturing such cosmetic. (B) The name and place of business of any entity (including any retailer) that was provided with such cosmetic by the entity named on the label. (2) Collection of additional supply chain information In the case of a cosmetic that the Secretary has reason to believe is adulterated, misbranded, or otherwise in violation of this Act, to the extent necessary to protect the safety of the public, the Secretary may request that any entity (including a supplier of an ingredient, manufacturer, packer, distributor, or retailer) in the supply chain of such cosmetic submit to the Secretary information that is similar to the information described under subparagraphs (A) and (B) of paragraph (1). (3) Maintenance of records Any entity in supply chain of a cosmetic (including the brand owner named on the label of a cosmetic) shall— (A) maintain records sufficient to provide the information described in subparagraphs (A) and (B) of paragraph (1) ; and (B) provide such information to the Secretary upon the request of the Secretary. (h) Savings clause Nothing contained in this section shall be construed as limiting the authority of the Secretary to issue an order to cease distribution of, or to recall, a cosmetic under any other provision of this Act. 621. Petitions (a) In general The Secretary shall complete and publish a review, and, if appropriate, immediately revise related, relevant information, including ingredient lists, ingredient restrictions or prohibitions, or ingredient or cosmetic safety determinations, not later than 6 months after the date on which the Secretary receives from any individual or entity a reasonable petition— (1) to prohibit or restrict an ingredient for use in cosmetics and list such ingredient on the list under section 616(b) ; (2) to remove an ingredient from the list of ingredients that are safe without limits under section 616(c) ; (3) to add an ingredient to the priority assessment list under section 616(d) ; or (4) to add an ingredient to the list of contaminants under section 618 . (b) Reasonable petition Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue rules specifying the criteria which the Secretary will use to determine if a petition submitted under this section is a reasonable petition. 622. Mandatory reporting of serious adverse events (a) Submission of report on serious adverse events The Secretary shall require that the brand owner of a cosmetic whose name appears on the label of a cosmetic marketed in the United States submit to the Secretary a report containing information received concerning any serious adverse event associated with the use of the cosmetic. (b) Timing of report A report under subsection (a) shall be submitted to the Secretary not later than 15 business days after information concerning the serious adverse event is received at the place of business of the brand owner. (c) Content of report A report under subsection (a) shall include the following information, to the extent to which the brand owner submitting the report has been able to verify the information: (1) The identity of the individual experiencing the adverse health event. (2) An identifiable report of such effect. (3) The name of the cosmetic suspected of causing such effect. (4) A description of the adverse health event. (d) Public availability and privacy (1) Public availability Subject to paragraph (2) , the serious adverse event reports collected by the Secretary under this section shall be submitted electronically and shall be made accessible to the public. (2) Privacy (A) Personally identifiable information Notwithstanding any other provision of law, personally identifiable information in serious adverse event reports provided to the Secretary under this section, shall not— (i) be made publicly available pursuant to any State or other law requiring disclosure of information or records; or (ii) otherwise be disclosed or distributed to any party without the written consent of the Secretary and the person submitting such information to the Secretary. (B) Treatment of information under Privacy Act and FOIA A report submitted to the Secretary under this section, shall be considered to be a record about an individual under section 552a of title 5, United States Code (commonly referred to as the ‘‘Privacy Act of 1974’’) and a medical or similar file the disclosure of which would constitute a violation of section 552 of such title 5 (commonly referred to as the ‘‘Freedom of Information Act’’), and shall not be publicly disclosed unless all personally identifiable information is redacted. 623. Nonconfidential information (a) Information available to public Subject to subsection (c) and section 622(d)(2) , all nonconfidential information submitted pursuant to this subchapter shall be made available to the public, including the following types of information: (1) The name, identity, and structure of a chemical substance, contaminant, or impurity that is an ingredient. (2) All information concerning function, exposure, toxicity data, health hazards, and environmental hazards for a cosmetic. (3) The functions of ingredients in cosmetics. (4) Fragrance, flavor, and colorants in a cosmetic. (b) Confidential information The concentration of cosmetic ingredients used in a finished cosmetic shall be considered confidential business information and may not be made available to the public under subsection (a) . (c) Petition for information To remain confidential (1) In general The Secretary shall create a process for an entity to petition for nonconfidential information described in subsection (a) to remain confidential if the entity shows that there would be a serious negative impact to the entity’s commercial interests if such information were disclosed to the public. (2) Limitation The Secretary may not approve a petition under paragraph (1) to the extent that such petition would prevent the public disclosure of— (A) the name, identity, and structure of any chemical substance, contaminant, or impurity that is an ingredient; (B) all health and safety data related to that substance, contaminant, or impurity; or (C) any data used to substantiate the safety of that substance, contaminant, or impurity. 624. Animal testing alternatives (a) In general To minimize the use of animal testing of ingredients and cosmetics, the Secretary shall— (1) require, where practicable, alternative testing methods that— (A) do not involve the use of an animal to test the chemical substance; (B) provide information that is equivalent or superior in scientific quality to the animal testing method; and (C) use fewer animals than conventional animal-based tests when nonanimal methods are impracticable, including the use of tests that combine multiple endpoints; and (2) encourage, where practicable— (A) estimation of toxicological properties of a chemical through the use of testing information for one or more structurally similar chemicals where such estimates provide information of sufficient scientific quality; (B) the formation of industry consortia to conduct testing to avoid duplication of tests; and (C) funding for research and validation of alternative test methods, in accordance with this subsection. (b) List of alternative testing methods Not later than 1 year after the date of the enactment of this subchapter, and triennially thereafter, the Secretary shall publish a list of the alternative testing methods described in subsection (a) . 625. Product Testing and Review Audit The Secretary shall conduct annual audits of random samples of cosmetics to assess or test for acute negative reactions, pathogen hazards, contaminants, leaching of packaging additives, mislabeling, or other relevant issues of concern (as determined by the Secretary). 626. Resources for small businesses The Secretary shall provide technical support to assist small businesses in carrying out the requirements of this subchapter. 627. Interagency cooperation (a) Interagency Council on Cosmetic Safety There is established an Interagency Council on Cosmetic Safety for the purpose of sharing data and promoting collaboration on cosmetic safety between the Food and Drug Administration, the National Institute of Environmental Health Sciences, the Centers for Disease Control and Prevention, the Occupational Safety and Health Administration, and the Environmental Protection Agency. (b) Use of data from Federal sources For purposes of this subchapter, the Secretary, as appropriate, shall request and utilize ingredient and cosmetic toxicity, use, and exposure data from other Federal agencies. 628. Savings clause Nothing in this Act affects the right of a State or a political subdivision of a State to adopt or enforce any regulation, requirement, or standard of performance that is different from, or in addition to, a regulation, requirement, liability, or standard for performance established pursuant to this Act unless compliance with both this Act and the State or political subdivision of a State regulation, requirement, or standard of performance is impossible, in which case the applicable provisions of this Act shall control. 629. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subchapter for each of the fiscal years 2014 through 2018. . (b) Adulterated and misbranded cosmetics (1) Adulterated cosmetics Section 601 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 ) is amended in paragraph (a)— (A) by striking , except that this provision shall not apply to coal-tar hair dye and all that follows through or eyebrow dyes ; and (B) by adding at the end the following: (f) If it is manufactured in a manner that fails to comply with section 617(a). (g) If it is imported, distributed, or marketed and— (1) it contains an ingredient on the list under section 616(b)(1)(A) , and the manufacturer has not complied with section 616(b)(4) with respect to such ingredient and such cosmetic; or (2) it contains an ingredient on the list under section 616(b)(1)(B) , such ingredient is being used in a manner that violates the limit on use or concentration of such ingredient under section 616(b)(2) , and the manufacturer has not complied with section 616(b)(4) with respect to such ingredient and such cosmetic. (h) If it is marketed by a brand owner that, with respect to such cosmetic, is required to demonstrate, under section 617(b)(2), that the cosmetic meets the safety standard and the brand owner has not yet submitted the required data under section 617(b)(3). . (2) Misbranded cosmetics Section 602 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 362 ) is amended— (A) in paragraph (a), by inserting or fails to meet the requirements of section 613 or 618(b) before the period; and (B) by adding at the end the following: (g) If it— (1) was brought to market by a brand owner that failed to register and pay the applicable fee as required under section 612; (2) is brought to market, manufactured, packaged, distributed, or sold in retail by a brand owner, manufacturer, packager, distributor, or retailer, respectively, who fails to notify the Secretary as required under section 620(a)(1); (3) is distributed in violation of an order under section 620(c); (4) is not recalled as required by an order under subsection (d) or (e) of section 620; (5) is manufactured in a manner that fails to comply with good manufacturing practices prescribed by the Secretary under section 614(b); or (6) is brought to market by a brand owner who fails— (A) to submit the statement required under section 619; or (B) notify the Secretary of changes to information contained in such report, as required by such section. . (3) Additional prohibitions Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended— (A) in paragraph (e), by inserting 612, after 564, each place it appears; and (B) by adding at the end the following: (ccc) The failure of a brand owner, manufacturer, or supplier of a cosmetic or an ingredient for use in a cosmetic to submit and update data and information as required under section 615(a). (ddd) The manufacture, importation, distribution, or marketing of an ingredient for use in a cosmetic that is on the list under section 616(b)(1)(A) . (eee) The failure of a supplier of an ingredient for use in a cosmetic— (1) to provide data and information as required by section 615(a)(4)(B); or (2) comply with the testing requirements under section 618(c). (fff) The failure of a manufacturer to comply with the requirements of section 618(d). (ggg) The failure of a brand owner of a cosmetic to comply with the requirement of reporting serious adverse events under section 622. . 3. Worker issues (a) In general The Secretary of Labor shall promulgate an occupational safety and health standard under section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ) that requires the following: (1) Manufacturers and importers Each manufacturer or importer selling any cosmetic for professional use shall— (A) obtain or develop a material safety data sheet described in subsection (b) for each such cosmetic or personal care product that— (i) the manufacturer or importer produces or imports; and (ii) includes a hazardous chemical, or a product ingredient associated with any chemical hazard, that is classified as a health hazard in accordance with the criteria found in section 1910.1200(d) of title 29 of the Code of Federal Regulations, and any successor regulations; and (B) make the material safety data sheet available to distributors and employers, including salon owners, in English and, upon request, in other languages, including Spanish and Vietnamese. (2) Distributors Each distributor of a cosmetic or personal care product for professional use shall distribute and provide material safety data sheets described in subsection (b) in the same manner as a distributor of a chemical hazard is required to distribute and provide material safety data sheets under section 1910.1200(g) of title 29, Code of Federal Regulations, or any successor regulations. (3) Employers Each employer, including any operator of a salon, shall— (A) have a material safety data sheet in the workplace for each cosmetic or personal care product for professional use that is used in the course of the employer’s business; (B) make such material safety data sheet available to all employees of the employer who are exposed or use the product to the same extent and in the same manner as material safety data sheets are required to be made available under section 1910.1200(g) of title 29, Code of Federal Regulations, or any successor regulations; and (C) upon request, provide employees with translations of such material safety data sheet in other languages, including Spanish and Vietnamese. (b) Contents of material safety data sheet A material safety data sheet for a cosmetic or personal care product for professional use described in this section shall— (1) contain the information required in a material safety data sheet under section 1910.1200(g) of title 29, Code of Federal Regulations, or any successor regulations, for each hazardous chemical, or product ingredient associated with any chemical hazard, described in subsection (a)(1)(A)(ii) ; and (2) include the following statement: This material safety data sheet is also available in multiple languages by contacting the manufacturer, using the contact information provided on this sheet. . (c) Professional use defined In this section, the term professional use has the meaning given such term in section 611(6) of the Federal Food, Drug, and Cosmetic Act, except to the extent that such term applies to a product that is sold as a retail product in any of the establishments listed under such definition.

https://www.govinfo.gov/content/pkg/BILLS-113hr1385ih/xml/BILLS-113hr1385ih.xml

113-hr-1386

I 113th CONGRESS 1st Session H. R. 1386 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Schock (for himself, Mr. Meehan , Mr. Valadao , Mr. Rodney Davis of Illinois , and Mr. Kind ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To support the local decision-making functions of local educational agencies by limiting the authority of the Secretary of Education to issue regulations, rules, grant conditions, and guidance materials, and for other purposes. 1. Short title This Act may be cited as the Local School Board Governance and Flexibility Act . 2. Sense of Congress It is the sense of the Congress that— (1) the responsibility for education resides with the States, which have delegated to local school boards the power and authority to adopt policies, establish priorities, and provide accountability to direct the operation of neighborhood schools; (2) local school boards are held accountable by local voters to represent the interests of students, parents, local businesses, civic organizations, taxpayers, and the community at large in determining, subject to State laws and policies, the direction, values, climate, and financial support of the schools in their community; (3) the vital national interest in local self-governance of local educational agencies has been weakened through Department of Education requirements that are either unnecessary to achieve the specific direction of legislation enacted by the Congress, or that impose unnecessary limits on the flexibility needed by local educational agencies in order to meet local, State, and Federal goals in education; and (4) to support the local decisionmaking function of local educational agencies, the Secretary of Education should engage only in issuing regulations, rules, grant conditions, guidance materials, and other requirements under the jurisdiction of the Department that are— (A) specifically required to implement Federal legislation, and (B) demonstrated to be educationally, operationally, and financially within the capacity of local educational agencies to implement. 3. Authority of the Secretary Unless specifically authorized by Federal law, the Secretary may not issue a Federal regulation, rule, grant condition, guidance material, or other requirement pertaining to a State educational agency or a local educational agency that— (1) conflicts with the power and authority of the local educational agency delegated by the State regarding the operation of the schools (including the school system’s mission and goals, organization, local budget and budget priorities, education program, curriculum, or extra-curricular activities), student health services and safety, transportation and school boundaries, procurement policies, staffing and personnel policies, capital construction, authority to levy taxes, issue bonds, acquire land, and other functions essential to the daily operation of the schools within the jurisdiction of the local educational agency; (2) results in additional costs to the local education agency for reporting, grant administration, and general operations unless fully funded from Federal funds; (3) conflicts with the power and authority of the local educational agency to determine how to engage or act upon community participation and advice; (4) imposes requirements on a local educational agency that would limit or adversely affect its authority to function as a legislative, executive or quasi-judicial agency; (5) conflicts with the authority of a State to determine the appropriate governance structure of its local educational agencies, or the authority of a local educational agency to determine the appropriate governance and management of its schools; (6) establishes reporting requirements for local educational agencies that duplicate existing Federal requirements or that are issued without first conducting a fiscal impact statement related to the costs to local educational agencies, including requests for data and recommendations from local educational agencies and national education organizations consistent with the provisions of section 4(a); or (7) places conditions or requirements on a grant to a State or local educational agency that are not directly related to or support the intent of the specific purpose of the grant or the legislation authorizing such grant. 4. Opportunity for comment regarding local impact (a) In general During each fiscal year (beginning with the fiscal year following the fiscal year in which this Act is enacted), the Secretary of Education shall provide local educational agencies and the major national education organizations, including those representing local school boards, local school superintendents, principals, and teachers, a minimum of 60 days in order to provide written comments regarding the local impact of implementing Federal regulations, rules, grant conditions, guidance materials, or other requirements for any applicable program or activity of the Secretary. (b) Report The Secretary of Education shall prepare and publish a report based on the comments received pursuant to subsection (a), which shall be forwarded to the chairs and ranking members of the Education and Workforce Committee of the House of Representatives and the Health, Education, Labor and Pensions Committee of the Senate not later than July 1 of each year and shall be simultaneously posted on the Department of Education’s website. 5. Efficiency in implementing Federal programs (a) Eliminating reporting duplications Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall conduct a review of existing reporting requirements applicable to local educational agencies resulting from programs and activities under the jurisdiction of the Department of Education to determine duplications and make modifications as necessary to eliminate such reporting duplications. (b) Prohibition The Secretary may not promulgate any regulation, rule, guidance material, grant condition, or other requirement pertaining to a State educational agency or a local educational agency, without first taking the following actions: (1) Requesting data and recommendations from local educational agencies and the major national education organizations representing local school boards, local school superintendents, principals, and teachers regarding the educational, financial, and operational costs involved for implementation, and publishing the data and recommendations provided upon issuance of such regulation, rule, guidance material, grant condition, or other requirement and posting that information on the Department of Education’s website. (2) Verifying, based on the data set forth in paragraph (1), that local educational agencies will have the financial resources and the technical assistance they may need to successfully implement the regulation, rule, guidance material, grant condition, or other requirement including any Federal requirement that would extend beyond the time that Federal assistance is available for that purpose. (3) Providing local educational agencies and the national education organizations identified in paragraph (1) with not less than 60 days notice following the Secretary’s publication of a notice of intent to issue any regulation, rule, guidance material, grant condition, or other requirement to respond, unless a shorter time period is needed to meet an emergency such as a declared natural disaster. (4) Ensuring that maximum flexibility is provided to local educational agencies in implementing any regulation, rule, guidance material, grant condition, or other requirement. (c) Review and response If a local educational agency or an organization identified in subsection (b) provides the Secretary of Education with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary, or the Secretary’s designee, shall review the merits of that statement, provide a written response within 60 days, and post that response on the Department of Education’s website, including what action, if any, the Secretary will take to correct any deficiency that the Secretary determines exists.

https://www.govinfo.gov/content/pkg/BILLS-113hr1386ih/xml/BILLS-113hr1386ih.xml

113-hr-1387

I 113th CONGRESS 1st Session H. R. 1387 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Schrader 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 exempt certain perishable agricultural commodities from the goods whose sale or distribution in commerce may be prohibited subsequent to a violation of such Act. 1. Exemption of perishable agricultural commodities Section 15(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(1) ) is amended by inserting (other than perishable agricultural commodities, as such term is defined in section 1(b)(4) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a(b)(4)) after any goods .

https://www.govinfo.gov/content/pkg/BILLS-113hr1387ih/xml/BILLS-113hr1387ih.xml

113-hr-1388

I 113th CONGRESS 1st Session H. R. 1388 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the temporary suspension of duty on bitolylene diisocyanate (TODI). 1. Bitolylene diisocyanate (TODI) (a) In general Heading 9902.01.01 of the Harmonized Tariff Schedule of the United States (relating to bitolylene diisocyanate (TODI)) is amended by striking 12/31/2012 and inserting 12/31/2015 . (b) Effective date The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1388ih/xml/BILLS-113hr1388ih.xml

113-hr-1389

I 113th CONGRESS 1st Session H. R. 1389 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Slaughter (for herself, Mr. Rangel , Mrs. Carolyn B. Maloney of New York , Ms. Norton , Ms. Moore , Ms. Lee of California , Mr. Grijalva , Ms. DeGette , Mr. Capuano , Mrs. Napolitano , Ms. Edwards , Ms. Pingree of Maine , Ms. Lofgren , Ms. DeLauro , Mr. Conyers , Ms. Castor of Florida , Mr. McNerney , Mr. Quigley , Mr. Johnson of Georgia , Mr. Clay , Mr. Markey , Mr. Honda , Ms. Speier , Ms. Schakowsky , Ms. Tsongas , Mr. Blumenauer , Mr. Higgins , Mr. Holt , Mr. Ellison , Ms. Chu , Mrs. Davis of California , Mrs. Capps , and Ms. Matsui ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, regarding restrictions on abortions at medical facilities of the Department of Defense. 1. Short title This Act may be cited as the Military Access to Reproductive Care and Health for Military Women Act or the MARCH for Military Women Act . 2. Restoration of previous policy regarding restrictions on use of Department of Defense medical facilities Section 1093 of title 10, United States Code, is amended— (1) by striking subsection (b); and (2) in subsection (a), by striking (a) Restriction on use of funds.— .

https://www.govinfo.gov/content/pkg/BILLS-113hr1389ih/xml/BILLS-113hr1389ih.xml

113-hr-1390

I 113th CONGRESS 1st Session H. R. 1390 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Smith of New Jersey (for himself, Mr. Deutch , Mr. LoBiondo , Mr. Runyan , Mr. Larson of Connecticut , Ms. Frankel of Florida , and Mr. Courtney ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to preserve access to urban Medicare-dependent hospitals. 1. Short title This Act may be cited as the Urban Medicare-Dependent Hospitals Preservation Act of 2013 . 2. Criteria and payment for certain urban Medicare-dependent hospitals (a) In general Section 1886(d)(5) of the Social Security Act (42 U.S.C. 1395ww(d)(5)) is amended by adding at the end the following new subparagraph: (M) (i) For cost reporting periods beginning on or after October 1, 2013, and before October 1, 2016, in the case of a subsection (d) hospital which is an urban Medicare-dependent hospital, payment under paragraph (1)(A) shall be equal to the sum of the amount determined under clause (ii) and the amount determined under paragraph (1)(A)(iii). (ii) The amount determined under this clause is, for discharges occurring during a cost reporting period that begins on or after October 1, 2013, and before October 1, 2016, 50 percent of the amount by which the hospital’s target amount for the cost reporting period (as defined in subsection (b)(3)(L)) exceeds the amount determined under paragraph (1)(A)(iii). (iii) For purposes of this subparagraph, the term urban Medicare-dependent hospital means, with respect to any cost reporting period to which clause (i) applies, any hospital— (I) located in an urban area or reclassified to an urban area for wage index purposes; (II) that does not receive payment— (aa) under subparagraph (C) as a rural referral center; (bb) under subparagraph (D) as a sole community hospital; (cc) under subparagraph (B) or under subsection (h); or (dd) under subparagraph (F); (III) that is not a physician-owned hospital, as defined in section 489.3 of title 42, Code of Federal Regulations (as in effect as of the date of the enactment of this subparagraph); and (IV) for which not less than 60 percent of its inpatient days or discharges during the cost reporting period beginning in fiscal year 2006, or two of the three most recently audited cost reporting periods for which the Secretary has a settled cost report, were attributable to inpatients entitled to benefits under part A and not enrolled in a Medicare Advantage plan under part C. . (b) Target payment amount Section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)) is amended— (1) in subparagraph (B)(iv), by striking and (D) and inserting , (D), and (M) ; and (2) by adding at the end the following new subparagraph: (M) For cost reporting periods occurring on or after October 1, 2013, and before October 1, 2016, in the case of a hospital that is an urban Medicare-dependent hospital (as defined in subsection (d)(5)(M)), the term target amount means— (i) with respect to the first 12-month cost reporting period in which this subparagraph is applied to the hospital, the allowable operating costs of inpatient hospital services (as defined in subsection (a)(4)) recognized under this title for the hospital for the 12-month cost reporting period beginning during fiscal year 2002 or 2006 (whichever results in a higher target amount), increased by the applicable percentage increase under subparagraph (B)(iv) for each of fiscal years 2003 through 2013 or 2007 through 2013, respectively; and (ii) with respect to discharges occurring after the first 12-month cost reporting period in which this subparagraph is applied to the hospital, the target amount for the preceding year increased by the applicable percentage increase under subparagraph (B)(iv). .

https://www.govinfo.gov/content/pkg/BILLS-113hr1390ih/xml/BILLS-113hr1390ih.xml

113-hr-1391

I 113th CONGRESS 1st Session H. R. 1391 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Stivers (for himself, Mr. Chabot , Mr. Wenstrup , Mrs. Beatty , Mr. Jordan , Mr. Latta , Mr. Johnson of Ohio , Mr. Gibbs , Ms. Kaptur , Mr. Turner , Ms. Fudge , Mr. Tiberi , Mr. Ryan of Ohio , Mr. Renacci , and Mr. Joyce ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 25 South Oak Street in London, Ohio, as the Lance Corporal Joshua B. McDaniels and Veterans Memorial Post Office Building . 1. Lance Corporal Joshua B. McDaniels and Veterans Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 25 South Oak Street in London, Ohio, shall be known and designated as the Lance Corporal Joshua B. McDaniels and Veterans Memorial Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Lance Corporal Joshua B. McDaniels and Veterans Memorial Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr1391ih/xml/BILLS-113hr1391ih.xml

113-hr-1392

I 113th CONGRESS 1st Session H. R. 1392 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Stivers (for himself, Mr. Chabot , Mr. Wenstrup , Mrs. Beatty , Mr. Jordan , Mr. Latta , Mr. Johnson of Ohio , Mr. Gibbs , Ms. Kaptur , Mr. Turner , Ms. Fudge , Mr. Tiberi , Mr. Ryan of Ohio , Mr. Renacci , and Mr. Joyce ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 2539 Dartmoor Road in Grove City, Ohio, as the Master Sergeant Shawn T. Hannon and Veterans Memorial Post Office Building . 1. Master Sergeant Shawn T. Hannon and Veterans Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 2539 Dartmoor Road in Grove City, Ohio, shall be known and designated as the Master Sergeant Shawn T. Hannon and Veterans Memorial Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Master Sergeant Shawn T. Hannon and Veterans Memorial Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr1392ih/xml/BILLS-113hr1392ih.xml

113-hr-1393

I 113th CONGRESS 1st Session H. R. 1393 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Stivers (for himself, Mr. Chabot , Mr. Wenstrup , Mrs. Beatty , Mr. Jordan , Mr. Latta , Mr. Johnson of Ohio , Mr. Gibbs , Ms. Kaptur , Mr. Turner , Ms. Fudge , Mr. Tiberi , Mr. Ryan of Ohio , Mr. Renacci , and Mr. Joyce ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 3700 Riverside Drive in Columbus, Ohio, as the Master Sergeant Jeffery J. Rieck and Veterans Memorial Post Office . 1. Master Sergeant Jeffery J. Rieck and Veterans Memorial Post Office (a) Designation The facility of the United States Postal Service located at 3700 Riverside Drive in Columbus, Ohio, shall be known and designated as the Master Sergeant Jeffery J. Rieck and Veterans Memorial Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Master Sergeant Jeffery J. Rieck and Veterans Memorial Post Office .

https://www.govinfo.gov/content/pkg/BILLS-113hr1393ih/xml/BILLS-113hr1393ih.xml

113-hr-1394

I 113th CONGRESS 1st Session H. R. 1394 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Tipton introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to establish goals for an all-of-the-above energy production plan strategy on a 4-year basis on all onshore Federal lands managed by the Department of the Interior and the Forest Service. 1. Short title This Act may be cited as the Planning for American Energy Act of 2013 . 2. Onshore domestic energy production strategic plan (a) In general The Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following: 44. Quadrennial Strategic Federal Onshore Energy Production Strategy (a) In general (1) The Secretary of the Interior (hereafter in this section referred to as Secretary ), in consultation with the Secretary of Agriculture with regard to lands administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy. This Strategy shall direct Federal land energy development and department resource allocation in order to promote the energy and national security of the United States in accordance with Bureau of Land Management’s mission of promoting the multiple use of Federal lands as set forth in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (2) In developing this Strategy, the Secretary shall consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30-year period, and how energy derived from Federal onshore lands can put the United States on a trajectory to meet that demand during the next 4-year period. The Secretary shall consider how Federal lands will contribute to ensuring national energy security, with a goal for increasing energy independence and production, during the next 4-year period. (3) The Secretary shall determine a domestic strategic production objective for the development of energy resources from Federal onshore lands. Such objective shall be— (A) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil and natural gas from the Federal onshore mineral estate, with a focus on lands held by the Bureau of Land Management and the Forest Service; (B) the best estimate, based upon commercial and scientific data, of the expected increase in domestic coal production from Federal lands; (C) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of strategic and critical energy minerals from the Federal onshore mineral estate; (D) the best estimate, based upon commercial and scientific data, of the expected increase in megawatts for electricity production from each of the following sources: wind, solar, biomass, hydropower, and geothermal energy produced on Federal lands administered by the Bureau of Land Management and the Forest Service; (E) the best estimate, based upon commercial and scientific data, of the expected increase in unconventional energy production, such as oil shale; (F) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil, natural gas, coal, and other renewable sources from tribal lands for any federally recognized Indian tribe that elects to participate in facilitating energy production on its lands; and (G) the best estimate, based upon commercial and scientific data, of the expected increase in production of helium on Federal lands administered by the Bureau of Land Management and the Forest Service. (4) The Secretary shall consult with the Administrator of the Energy Information Administration regarding the methodology used to arrive at its estimates for purposes of this section. (5) The Secretary has the authority to expand the energy development plan to include other energy production technology sources or advancements in energy on Federal lands. (b) Tribal objectives It is the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy under this section. The Secretary shall work in cooperation with any federally recognized Indian tribe that elects to participate in achieving its own strategic energy objectives designated under this subsection. (c) Execution of the Strategy The relevant Secretary shall have all necessary authority to make determinations regarding which additional lands will be made available in order to meet the production objectives established by strategies under this section. The Secretary shall also take all necessary actions to achieve these production objectives unless the President determines that it is not in the national security and economic interests of the United States to increase Federal domestic energy production and to further decrease dependence upon foreign sources of energy. In administering this section, the relevant Secretary shall only consider leasing Federal lands available for leasing at the time the lease sale occurs. (d) State, federally recognized Indian tribes, local government, and public input In developing each strategy, the Secretary shall solicit the input of affected States, federally recognized Indian tribes, local governments, and the public. (e) Reporting The Secretary shall report annually to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of meeting the production goals set forth in the strategy. The Secretary shall identify in the report projections for production and capacity installations and any problems with leasing, permitting, siting, or production that will prevent meeting the goal. In addition, the Secretary shall make suggestions to help meet any shortfalls in meeting the production goals. (f) Programmatic environmental impact statement Not later than 12 months after the date of enactment of this section, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ), the Secretary shall complete a programmatic environmental impact statement. This programmatic environmental impact statement will be deemed sufficient to comply with all requirements under that Act for all necessary resource management and land use plans associated with the implementation of the strategy. (g) Congressional review At least 60 days prior to publishing a proposed strategy under this section, the Secretary shall submit it to the President and the Congress, together with any comments received from States, federally recognized Indian tribes, and local governments. Such submission shall indicate why any specific recommendation of a State, federally recognized Indian tribe, or local government was not accepted. (h) Strategic and critical energy minerals defined For purposes of this section, the term strategic and critical energy minerals means those that are necessary for the Nation’s energy infrastructure including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production and those that are necessary to support domestic manufacturing, including but not limited to, materials used in energy generation, production, and transportation. . (b) First Quadrennial Strategy Not later than 18 months after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress the first Quadrennial Federal Onshore Energy Production Strategy under the amendment made by subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr1394ih/xml/BILLS-113hr1394ih.xml

113-hr-1395

I 113th CONGRESS 1st Session H. R. 1395 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Titus (for herself, Ms. Lofgren , Ms. Sewell of Alabama , and Ms. Fudge ) 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 establish a weekend and holiday feeding program to provide nutritious food to at-risk school children on weekends and during extended school holidays during the school year. 1. Short title This Act may be cited as the Weekends Without Hunger Act . 2. Weekends and holidays without hunger Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended by adding at the end the following: (l) Weekends and holidays without hunger (1) Definitions In this subsection: (A) At-risk school child The term at-risk school child has the meaning given the term in section 17(r)(1). (B) Eligible institution (i) In general The term eligible institution means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. (ii) Inclusions The term eligible institution includes— (I) an elementary or secondary school or school food service authority; (II) a food bank or food pantry; (III) a homeless shelter; and (IV) such other type of emergency feeding agency as is approved by the Secretary. (2) Establishment Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall establish a program under which the Secretary shall provide commodities, on a competitive basis, to eligible institutions to provide nutritious food to at-risk children on weekends and during extended school holidays during the school year. (3) Eligibility (A) In general To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine. (B) Plan An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children, including— (i) methods of food service delivery to at-risk school children; (ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; (iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; (iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and (v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. (4) Priority In selecting applications under this subsection, the Secretary shall give priority to eligible institutions that— (A) have on-going programs and experience serving populations with significant proportions of at-risk school children; (B) have a good record of experience in food delivery and food safety systems; (C) maintain high-quality control, accountability, and recordkeeping standards; (D) provide children with readily consumable food of high nutrient content and quality; (E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non-Federal sources to carry out projects; and (F) demonstrate the ability to continue projects for the full approved term of the pilot project period. (5) Guidelines (A) In general The Secretary shall issue guidelines containing the criteria for projects to receive commodities under this section. (B) Inclusions The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account— (i) geographical variations in project locations to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; (ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and (iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary— (I) to analyze and evaluate the results of the pilot project; and (II) to make recommendations to Congress. (6) Evaluation (A) Interim evaluation Not later than November 30, 2016, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. (B) Final report Not later than December 31, 2018, the Secretary shall submit to Congress a final report that contains— (i) an evaluation of the pilot program carried out under this subsection; and (ii) any recommendations of the Secretary for legislative action. (7) Funding (A) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary, to remain available until expended. (B) Availability of funds Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1395ih/xml/BILLS-113hr1395ih.xml

113-hr-1396

I 113th CONGRESS 1st Session H. R. 1396 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Valadao (for himself, Mr. Nunes , Mr. McCarthy of California , Mr. Costa , Mr. LaMalfa , and Mr. Denham ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide for the inclusion of the State of California as a separate Federal milk marketing order upon the petition and approval of California dairy producers of such inclusion. 1. Short title This Act may be cited as the California Federal Milk Marketing Order Act . 2. Inclusion of California as separate milk marketing order (a) Inclusion authorized Upon the petition and approval of California dairy producers in the manner provided in section 8c of the Agricultural Adjustment Act ( 7 U.S.C. 608c ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, the Secretary of Agriculture shall designate the State of California as a separate Federal milk marketing order. (b) Special considerations If designated under subsection (a), the order covering California shall have the right to reblend and distribute order receipts to recognize quota value.

https://www.govinfo.gov/content/pkg/BILLS-113hr1396ih/xml/BILLS-113hr1396ih.xml

113-hr-1397

I 113th CONGRESS 1st Session H. R. 1397 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Ms. Waters (for herself, Mr. Ellison , Mr. Cicilline , Mrs. Beatty , Ms. Bass , Mrs. Christensen , Ms. Eddie Bernice Johnson of Texas , Ms. Wilson of Florida , Mr. Payne , Ms. Sewell of Alabama , Mr. David Scott of Georgia , Mr. Johnson of Georgia , Mr. Cleaver , Mr. Hastings of Florida , Mr. Veasey , Mr. Richmond , Mr. Clyburn , Mr. Watt , Mr. Thompson of Mississippi , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To create jobs and reinvest in communities through the rehabilitation of abandoned and foreclosed residential and commercial properties, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Project Rebuild 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. Direct appropriations. Sec. 3. Allocation of appropriated amounts. Sec. 4. Use of funds. Sec. 5. Limitations. Sec. 6. Rules of construction. Sec. 7. Authority to specify alternative requirements. Sec. 8. Nationwide distribution of resources. Sec. 9. Limitation on use of funds with respect to eminent domain. Sec. 10. Limitation on distribution of funds. Sec. 11. Rental housing preferences. Sec. 12. Job creation. Sec. 13. Program support and capacity building. Sec. 14. Enforcement and prevention of fraud and abuse. Sec. 15. Conformance of policies and procedures. Sec. 16. Severability. Sec. 17. Buy American—use of American iron, steel, and manufactured goods. Sec. 18. Wage rate and employment protection requirements. 2. Direct appropriations There is appropriated, out of any money in the Treasury not otherwise appropriated, $15,000,000,000, to remain available until September 30, 2016, for assistance to eligible entities, including States and units of general local government (as such terms are defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 )), and qualified nonprofit organizations, businesses or consortia of eligible entities, for the redevelopment of abandoned and foreclosed-upon properties and for the stabilization of affected neighborhoods. 3. Allocation of appropriated amounts (a) In general Of the amounts appropriated, two-thirds shall be allocated to States and units of general local government based on a funding formula established by the Secretary of Housing and Urban Development (in this Act referred to as the Secretary ). Of the amounts appropriated, one-third shall be distributed competitively to eligible entities. (b) Formula To be devised swiftly The funding formula required under subsection (a) shall be established and the Secretary shall announce formula funding allocations, not later than 30 days after the date of enactment of this Act. (c) Formula criteria The Secretary may establish a minimum grant size, and the funding formula required under subsection (a) shall ensure that any amounts appropriated or otherwise made available under this Act are allocated to States and units of general local government with the greatest need, as such need is determined in the discretion of the Secretary based on— (1) the number and percentage of home foreclosures in each State or unit of general local government; (2) the number and percentage of homes in default or delinquency in each State or unit of general local government; and (3) other factors such as established program designs, grantee capacity and performance, number and percentage of commercial foreclosures, overall economic conditions, and other market needs data, as determined by the Secretary. (d) Competition criteria (1) Eligible entities For the funds distributed competitively, eligible entities shall be States, units of general local government, nonprofit entities, for-profit entities, and consortia of eligible entities that demonstrate capacity to use funding within the period of this program. (2) Selection criteria In selecting grantees, the Secretary shall ensure that grantees are in areas with the greatest number and percentage of residential and commercial foreclosures and other market needs data, as determined by the Secretary. Additional award criteria shall include demonstrated grantee capacity to execute projects involving acquisition and rehabilitation or redevelopment of foreclosed residential and commercial property and neighborhood stabilization, leverage, knowledge of market conditions and of effective stabilization activities to address identified conditions, and any additional factors determined by the Secretary. (3) Minimum grant size The Secretary may establish a minimum grant size. (4) Publication of criteria The Secretary shall publish competition criteria for any grants awarded under this Act not later than 60 days after appropriation of funds, and applications shall be due to the Secretary within 120 days. 4. Use of funds (a) Obligation and expenditure The Secretary shall obligate all funding within 150 days of enactment of this Act. Any eligible entity that receives amounts pursuant to this Act shall expend all funds allocated to it within three years of the date the funds become available to the grantee for obligation. Furthermore, the Secretary shall by notice establish intermediate expenditure benchmarks at the one and two year dates from the date the funds become available to the grantee for obligation. (b) Priorities (1) Job creation Each grantee or eligible entity shall describe how its proposed use of funds will prioritize job creation, and secondly, will address goals to stabilize neighborhoods, reverse vacancy, or increase or stabilize residential and commercial property values. (2) Targeting Any State or unit of general local government that receives formula amounts pursuant to this Act shall, in distributing and targeting such amounts give priority emphasis and consideration to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those— (A) with the greatest percentage of home foreclosures; (B) identified as likely to face a significant rise in the rate of residential or commercial foreclosures; and (C) with higher than national average unemployment rate. (3) Leverage Each grantee or eligible entity shall describe how its proposed use of funds will leverage private funds. (c) Eligible uses Amounts made available under this Act may be used to— (1) establish financing mechanisms for the purchase and redevelopment of abandoned and foreclosed-upon properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers; (2) purchase and rehabilitate properties that have been abandoned or foreclosed-upon, in order to sell, rent, or redevelop such properties; (3) establish and operate land banks for properties that have been abandoned or foreclosed-upon; (4) demolish blighted structures; (5) redevelop abandoned, foreclosed, demolished, or vacant properties; and (6) engage in other activities, as determined by the Secretary through notice, that are consistent with the goals of creating jobs, stabilizing neighborhoods, reversing vacancy reduction, and increasing or stabilizing residential and commercial property values. 5. Limitations (a) On purchases Any purchase of a property under this Act shall be at a price not to exceed its current market value, taking into account its current condition. (b) Rehabilitation Any rehabilitation of an eligible property under this Act shall be to the extent necessary to comply with applicable laws, and other requirements relating to safety, quality, marketability, and habitability, in order to sell, rent, or redevelop such properties or provide a renewable energy source or sources for such properties. (c) Sale of homes If an abandoned or foreclosed-upon home is purchased, redeveloped, or otherwise sold to an individual as a primary residence, then such sale shall be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, marketable, and habitable condition. (d) On demolition of public housing Public housing, as defined in section 3(b)(6) of the United States Housing Act of 1937, may not be demolished with funds under this Act. (e) On demolition activities No more than 10 percent of any grant made under this Act may be used for demolition activities unless the Secretary determines that such use represents an appropriate response to local market conditions. (f) On use of funds for non-Residential property No more than 30 percent of any grant made under this Act may be used for eligible activities under paragraphs (1), (2), and (5) of section 4(c) that will not result in residential use of the property involved unless the Secretary determines that such use represents an appropriate response to local market conditions. 6. Rules of construction (a) In general Except as otherwise provided by this Act, amounts appropriated, revenues generated, or amounts otherwise made available to eligible entities under this Act shall be treated as though such funds were community development block grant funds under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ). (b) No match No matching funds shall be required in order for an eligible entity to receive any amounts under this Act. (c) Tenant protections An eligible entity receiving a grant under this Act shall comply with the 14th, 17th, 18th, 19th, 20th, 21st, 22nd, and 23rd provisos of the heading Community Planning and Development—Community Development Fun in title XII of Division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 , 123 Stat. 218–19), as amended by section 1497(b)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 , 124 Stat. 2211). (d) Vicinity hiring An eligible entity receiving a grant under this Act shall comply with section 1497(a)(8) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 , 129 Stat. 2210). 7. Authority to specify alternative requirements (a) In general In administering the program under this Act, the Secretary may specify alternative requirements to any provision under title I of the Housing and Community Development Act of 1974 or under title I of the Cranston-Gonzalez National Affordable Housing Act of 1990 (except for those provisions in these laws related to fair housing, nondiscrimination, labor standards, and the environment) for the purpose of expediting and facilitating the use of funds under this Act. (b) Notice The Secretary shall provide written notice of intent to the public via internet to exercise the authority to specify alternative requirements under subsection (a). (c) Low- and moderate-Income requirement (1) In general Notwithstanding the authority of the Secretary under subsection (a)— (A) all of the formula and competitive grantee funds appropriated or otherwise made available under this Act shall be used with respect to individuals and families whose income does not exceed 120 percent of area median income; and (B) not less than 25 percent of the formula and competitive grantee funds appropriated or otherwise made available under this Act shall be used for the purchase and redevelopment of eligible properties that will be used to house individuals or families whose incomes do not exceed 50 percent of area median income. (2) Recurrent requirement The Secretary shall, by rule or order, ensure, to the maximum extent practicable and for the longest feasible term, that the sale, rental, or redevelopment of abandoned and foreclosed-upon homes and residential properties under this Act remain affordable to individuals or families described in paragraph (1). 8. Nationwide distribution of resources Notwithstanding any other provision of this Act, each State shall receive not less than $20,000,000 of formula funds. 9. Limitation on use of funds with respect to eminent domain No State or unit of general local government may use any amounts received pursuant to this Act to fund any project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use, which shall not be construed to include economic development that primarily benefits private entities. 10. Limitation on distribution of funds (a) In general None of the funds made available under this Act shall be distributed to— (1) an organization which has been indicted for a violation under Federal law relating to an election for Federal office; or (2) an organization which employs applicable individuals. (b) Applicable individuals defined In this section, the term applicable individual means an individual who— (1) is— (A) employed by the organization in a permanent or temporary capacity; (B) contracted or retained by the organization; or (C) acting on behalf of, or with the express or apparent authority of, the organization; and (2) has been indicted for a violation under Federal law relating to an election for Federal office. 11. Rental housing preferences Each State and local government receiving formula amounts shall establish procedures to create preferences for the development of affordable rental housing. 12. Job creation If a grantee chooses to use funds to create jobs by establishing and operating a program to maintain eligible neighborhood properties, not more than 10 percent of any grant may be used for that purpose. 13. Program support and capacity building The Secretary may use up to 0.75 percent of the funds appropriated for capacity building of and support for eligible entities and grantees undertaking neighborhood stabilization programs, staffing, training, technical assistance, technology, monitoring, travel, enforcement, research, and evaluation activities, subject to the following requirements: (1) Funds set aside for the purposes of this section shall remain available until September 30, 2018. (2) Any funds made available under this section and used by the Secretary for personnel expenses related to administering funding under this subparagraph shall be transferred to Personnel Compensation and Benefits, Community Planning and Development . (3) Any funds made available under this section and used by the Secretary for training or other administrative expenses shall be transferred to Administration, Operations, and Management, Community Planning and Development for non-personnel expenses. (4) Any funds made available under this section and used by the Secretary for technology shall be transferred to Working Capital Fund . 14. Enforcement and prevention of fraud, waste, and abuse The Secretary shall establish and implement procedures to prevent fraud and abuse of funds under this Act, and shall impose a requirement that grantees have an internal auditor to continuously monitor grantee performance to prevent fraud, waste, and abuse. Grantees shall provide the Secretary and citizens with quarterly progress reports. The Secretary shall recapture funds from formula and competitive grantees that do not expend 100 percent of allocated funds within 3 years of the date that funds become available, and from underperforming or mismanaged grantees, and shall re-allocate those funds by formula to target areas with the greatest need, as determined by the Secretary through notice. The Secretary may take an alternative sanctions action only upon determining that such action is necessary to achieve program goals in a timely manner. 15. Conformance of policies and procedures The Secretary of Housing and Urban Development shall to the extent feasible conform policies and procedures for grants made under this Act to the policies and practices already in place for the grants made under section 2301 of the Housing and Economic Recovery Act of 2008; division A, title XII of the American Recovery and Reinvestment Act of 2009; or section 1497 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. 16. Severability If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. 17. Buy American—use of American iron, steel, and manufactured goods (a) Buy American None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Exceptions Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) Publication If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) Consistency with international agreements This section shall be applied in a manner consistent with United States obligations under international agreements. 18. Wage rate and employment protection requirements (a) Wage rates Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (b) Labor standards With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (c) Projects Projects as defined under title 49, United States Code, funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be subject to the requirements of section 5333(b) of title 49, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr1397ih/xml/BILLS-113hr1397ih.xml

113-hr-1398

I 113th CONGRESS 1st Session H. R. 1398 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Wittman (for himself and Mr. Hastings of Washington ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To facilitate the development of offshore wind energy resources. 1. Short title This Act may be cited at the Advancing Offshore Wind Production Act . 2. Offshore meteorological site testing and monitoring projects (a) Definition of an offshore meteorological site testing and monitoring project In this section, the term offshore meteorological site testing and monitoring project means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that— (1) causes— (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by for the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including— (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior. (b) Offshore meteorological project permitting (1) In general The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. )) must obtain a permit and right of way for the project in accordance with this subsection. (2) Permit and right of way timeline and conditions (A) Deadline for approval The Secretary shall decide whether to issue a permit and right of way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application. (B) Public comment and consultation During the period referred to in subparagraph (A), the Secretary shall— (i) provide an opportunity for submission of comments by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right of way. (C) Denial of permit; opportunity to remedy deficiencies If the application is denied, the Secretary shall provide the applicant— (i) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy such deficiencies. (c) NEPA exclusion 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 an offshore meteorological site testing and monitoring project. (d) Protection of information The information provided to the Secretary of the Interior pursuant to subsection (a)(3) shall be treated by the Secretary as proprietary information and protected against disclosure.

https://www.govinfo.gov/content/pkg/BILLS-113hr1398ih/xml/BILLS-113hr1398ih.xml

113-hr-1399

I 113th CONGRESS 1st Session H. R. 1399 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes. 1. Short title This Act may be cited as the Hydrographic Services Improvement Amendments Act of 2013 . 2. Reauthorization of Hydrographic Services Improvement Act of 1998 (a) Reauthorizations Section 306 of the Hydrographic Services Improvement Act of 1998 ( 33 U.S.C. 892d ) is amended— (1) by inserting before the text the following: (a) In general.— ; (2) in subsection (a) (as designated by the amendment made by paragraph (1))— (A) in paragraph (1), by striking surveys— and all that follows through the end of the paragraph and inserting surveys, $58,000,000 for each of fiscal years 2013 through 2017. ; (B) in paragraph (2), by striking vessels— and all that follows through the end of the paragraph and inserting vessels, $34,020,000 for each of fiscal years 2013 through 2017. ; (C) in paragraph (3), by striking Administration— and all that follows through the end of the paragraph and inserting Administration, $34,560,000 for each of fiscal years 2013 through 2017. ; (D) in paragraph (4), by striking title— and all that follows through the end of the paragraph and inserting title, $27,400,000 for each of fiscal years 2013 through 2017. ; and (E) in paragraph (5), by striking title— and all that follows through the end of the paragraph and inserting title, $28,500,000 for each of fiscal years 2013 through 2017. ; and (3) by adding at the end the following new subsection: (b) Arctic programs Of the amount authorized by this section for each fiscal year— (1) $5,000,000 is authorized for use to acquire hydrographic data, provide hydrographic services, conduct coastal change analyses necessary to ensure safe navigation, and improve the management of coastal change in the Arctic; and (2) $2,000,000 is authorized for use to acquire hydrographic data and provide hydrographic services in the Arctic necessary to delineate the United States extended Continental Shelf. . (b) Limitation on administrative expenses for surveys Section 306 of such Act (33 U.S.C. 892d) is further amended by adding at the end the following: (c) Limitation on administrative expenses for surveys Of amounts authorized by this section for each fiscal year for hydrographic surveys, not more than 5 percent is authorized for administrative costs. . 3. GAO study The Comptroller General of the United States shall, by not later than 18 months after the date of enactment of this Act— (1) conduct a study comparing the unit costs of hydrographic surveys conducted by the National Oceanic and Atmospheric Administration and the unit costs of procuring performance of such surveys; and (2) report to the Congress on the findings of such study.

https://www.govinfo.gov/content/pkg/BILLS-113hr1399ih/xml/BILLS-113hr1399ih.xml

113-hr-1400

I 113th CONGRESS 1st Session H. R. 1400 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Young of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to clarify that children of certain veterans are eligible for the Marine Gunnery Sergeant John David Fry scholarship. 1. Clarification of Marine Gunnery Sergeant John David Fry Scholarship (a) In general Section 3311(b)(9) of title 38, United States Code, is amended by striking in line of duty and all that follows through the period and inserting as a result of a service-connected disability. . (b) Effective date The amendment made by subsection (a) shall take effect as if included in the enactment of section 1002 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ; 123 Stat. 1889).

https://www.govinfo.gov/content/pkg/BILLS-113hr1400ih/xml/BILLS-113hr1400ih.xml

113-hr-1401

V 113th CONGRESS 1st Session H. R. 1401 IN THE HOUSE OF REPRESENTATIVES March 21, 2013 Mr. Pastor of Arizona introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Jose Luis Alvarado Cardenas. 1. Permanent resident status for Jose Luis Alvarado Cardenas (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Jose Luis Alvarado Cardenas shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status If Jose Luis Alvarado Cardenas enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number Upon the granting of an immigrant visa or permanent residence to Jose Luis Alvarado Cardenas, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Jose Luis Alvarado Cardenas shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act .

https://www.govinfo.gov/content/pkg/BILLS-113hr1401ih/xml/BILLS-113hr1401ih.xml

113-hr-1402

I 113th CONGRESS 1st Session H. R. 1402 IN THE HOUSE OF REPRESENTATIVES March 25, 2013 Mr. Coffman (for himself and Mr. Takano ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to extend the authorization of appropriations for the Secretary of Veterans Affairs to pay a monthly assistance allowance to disabled veterans training or competing for the Paralympic Team and the authorization of appropriations for the Secretary of Veterans Affairs to provide assistance to United States Paralympics, Inc. 1. Short title This Act may be cited as the Veterans Paralympic Act of 2013 . 2. Extension of authorization of appropriations for payment of a monthly assistance allowance to disabled veterans training or competing for the Paralympic Team Section 322(d)(4) of title 38, United States Code, is amended by striking 2013 and inserting 2018 . 3. Extension of authorization of appropriations for assistance to United States Paralympics, Inc Section 521A of such title is amended— (1) in subsection (g), by striking 2013 and inserting 2018 ; and (2) in subsection (l), by striking 2013 and inserting 2018 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1402ih/xml/BILLS-113hr1402ih.xml

113-hr-1403

I 113th CONGRESS 1st Session H. R. 1403 IN THE HOUSE OF REPRESENTATIVES March 25, 2013 Mr. Rush introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to require the Federal Communications Commission to prescribe rules regulating inmate telephone service rates. 1. Short title This Act may be cited as the Family Telephone Connection Protection Act of 2013 . 2. Findings The Congress finds that: (1) It is the policy of the United States to ensure that all Americans are afforded just and reasonable communications services, including those families that pay rates for inmate telephone service. (2) The telephone is the primary method by which individuals correspond and maintain contact with family members who are incarcerated in correctional institutions. (3) Except for emergency purposes, family members are not allowed to call people incarcerated in correctional institutions; incarcerated persons are typically allowed to call family members and other pre-approved individuals only through payphones physically located on the premises of correctional institutions. (4) Inmate telephone service in correctional institutions often is limited to collect calling. (5) Regardless of whether the prisoners’ calls are placed collect or through a debit account, the prisoners’ family members typically pay for the calls, either through their telephone bills, in the case of collect calls received from prisoners, or by making deposits directly into prisoners’ debit accounts. (6) It is clear from various studies that maintaining frequent and meaningful communications between people who are incarcerated and family members is key to the successful social reintegration of formerly incarcerated individuals. Such contact reduces recidivism and facilitates rehabilitation, which in turn reduces crime and the future costs of imprisonment. (7) Frequent communications between incarcerated persons and family members is burdened, and in some cases, prevented, by excessive inmate telephone service rates. Excessive inmate telephone service rates thus weaken the family and community ties that are necessary for successful reentry into society by persons who were formerly incarcerated and the reduction in crime resulting from successful reentry. (8) Innocent citizens are paying excessive telephone charges simply due to having a family member or loved one who is incarcerated. (9) The rates for calls from correctional institutions are some of the highest rates in the United States, with some per-minute charges reaching $1 and service or connection charges of $3.00 per call. (10) Information compiled by the Congress and the Federal Communications Commission shows that the high rates are due in part to the lack of competition between telephone companies that provide long distance inmate telephone service to correctional institutions. (11) There are no competitive forces providing incentives for those carriers to lower prices or operate efficiently because, unlike the mass market, only one carrier is typically permitted to provide long distance inmate telephone service within each correctional institution. (12) High calling rates also are due in part to commissions that carriers pay to correctional institution administrators for the exclusive right to provide long distance inmate telephone service in a correctional facility. In some cases, such commissions can account for as much as 60 percent of the total revenues received from the use of prison payphones. (13) The collection of such commissions by correctional institution administrators and State departments of correction based upon interstate telecommunications revenues is a burden on interstate commerce. (14) Due to the lack of competition for telephone services within correctional institutions, families of people in prison, many of whom have low incomes, cannot choose the long distance carrier with the lowest calling rates and must pay the excessive rates charged by the carrier having the exclusive right to provide long distance service to the correctional institution from which the call originates. (15) The Commission has the expertise and authority to regulate inmate telephone service. Because parties to Commission rulemaking proceedings have raised issues regarding its authority to implement meaningful relief for excessive inmate telephone service rates, Congress finds it necessary and appropriate to reaffirm that the Commission has the authority to implement the types of relief set forth in this Act. 3. Restrictions on the provision of inmate telephone service (a) Definitions Section 226(a) of the Communications Act of 1934 ( 47 U.S.C. 226(a) ) is amended by adding at the end the following new paragraphs: (10) The term collect or collect call refers to a telephone call from a person incarcerated in a correctional institution that is billed to the subscriber receiving the call. (11) The term commission refers to a fee or other payment by a provider of inmate telephone service to an administrator of a correctional institution, department of correction, or similar entity, based upon, or partly upon, inmate telephone service revenue. (12) The term debit account refers to the payment of inmate telephone service through a prisoner’s prepaid card or other account, which can be accessed only through an access code, personal identification number, or similar identifier. (13) The term inmate telephone service includes the provision of telephone service enabling persons incarcerated in correctional institutions to originate interstate calls at payphones or other telephones that are designated for prisoners’ personal use, regardless of whether the calls are collect, paid through a debit account, or paid through any other means. (14) The term provider of inmate telephone service means any common carrier that provides inmate telephone service or any other person determined by the Commission to be providing inmate telephone service. . (b) Regulations Section 226 is further amended— (1) by redesignating subsection (i) as subsection (k); and (2) by inserting after subsection (h) the following new subsections: (i) Regulation of inmate telephone service (1) Rates In order to ensure that charges for inmate telephone service are just, reasonable, and nondiscriminatory, the Commission shall consider, either in a rulemaking proceeding that is pending as of the date of enactment of the Family Telephone Connection Protection Act of 2013 or in a new rulemaking proceeding, the following types of regulation of inmate telephone service, all of which are within the Commission’s jurisdiction and authority: (A) Prescribing a maximum uniform per-minute compensation rate. (B) Prescribing a maximum uniform service connection or other per-call compensation rate. (C) Prescribing variable maximum compensation rates depending on such factors as carrier costs, the size of the correctional facility served, and other relevant factors identified by the Commission. (D) Requiring providers of inmate telephone service to offer both collect calling and debit account services. (E) Prohibiting the payment of commissions by providers of inmate telephone service to administrators of correctional institutions, departments of correction, and similar entities. (F) Requiring administrators of correctional institutions, departments of correction, and similar entities to allow more than one provider of inmate telephone service to provide interstate inmate telephone service at a correctional institution in order that prisoners have a choice of such providers. (2) Scope The regulations adopted by the Commission shall be technologically neutral and shall not jeopardize legitimate security and penological interests. To the extent the Commission regulations reduce or eliminate the revenue derived by administrators of correctional institutions, departments of correction, and similar entities from the receipt of commissions, such effects of Commission regulations shall not be considered as jeopardizing or otherwise affecting legitimate security or penological interests. (3) Deadlines and periodic review The Commission shall prescribe regulations to implement the provisions of this subsection within one year after the date of enactment of the Family Telephone Connection Protection Act of 2013 . The Commission shall review, on a triennial basis, the regulations promulgated under this subsection, including whether any Commission-established compensation rates should be modified. (4) State preemption To the extent that any State requirements are inconsistent with the Commission’s regulations affecting or pertaining to interstate inmate telephone service, including restrictions on the payment of commissions based upon interstate inmate telephone service revenues or earnings, the Commission’s regulations on such matters shall preempt such State requirements. (j) Inmate telephone service fully subject to sections 251 and 252 (1) In general Inmate telephone service is fully subject to the requirements of sections 251 and 252 of this Act. (2) Restriction No provider of inmate telephone service may block or otherwise refuse to carry a call placed by an incarcerated person on the grounds that the provider has no contractual or other arrangement with the local exchange carrier serving the intended recipient of the call or other common carrier involved in any portion of the transmission of the call. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1403ih/xml/BILLS-113hr1403ih.xml

113-hr-1404

I 113th CONGRESS 1st Session H. R. 1404 IN THE HOUSE OF REPRESENTATIVES March 25, 2013 Mr. Salmon (for himself, Mr. LaMalfa , Mr. Schweikert , Mr. Franks of Arizona , Mrs. Black , and Mr. Hunter ) 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 eliminate the increased Federal medical assistance percentage under the State plan with respect to newly eligible mandatory individuals under Medicaid, to provide States with greater flexibility under Medicaid, and for other purposes. 1. Short title This Act may be cited as the Medicaid Expansion Repeal and State Flexibility Act . 2. Eliminating increased FMAP under State plan with respect to newly eligible mandatory individuals and related equitable support for certain States (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended by striking subsections (y) and (z). (b) Conforming amendments Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by subsection (a), is further amended— (1) in subsection (b), by striking subsections (y), (z), and (aa) and inserting subsection (aa) ; (2) in subsection (aa), by striking , subsections (y) and (z), each place it appears; and (3) in the first sentence of subsection (cc)— (A) by striking subsections (y), (z), and (aa) and inserting subsection (aa) ; and (B) by striking such subsections and inserting such subsection . (c) Effective date The amendments made by this section shall apply with respect to payments to States for items and services furnished on or after the first day of the first State fiscal year that begins after the date of the enactment of this Act. 3. Providing greater flexibility to States by eliminating certain requirements imposed by Patient Protection and Affordable Care Act (a) Repeal of maintenance of effort requirement Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by striking subsection (gg). (b) Repeal of minimum essential coverage requirement for Medicaid benchmark benefits Section 1937(b) of the Social Security Act (42 U.S.C. 1396u–7(b)) is amended by striking paragraph (5). (c) Conforming amendments (1) State plan requirements Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by striking paragraph (74). (2) Modified adjusted gross income Paragraph (14)(A) (related to modified adjusted gross income) of section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)), as added by section 2002(a) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), is amended by striking the third sentence. (3) Benchmark benefit packages Section 1937(b) of the Social Security Act ( 42 U.S.C. 1396u–7(b) ) is amended— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraphs (5) and (6) and inserting paragraph (6) ; and (B) in paragraph (2), in the matter preceding subparagraph (A), by striking paragraphs (5) and (6) and inserting paragraph (6) .

https://www.govinfo.gov/content/pkg/BILLS-113hr1404ih/xml/BILLS-113hr1404ih.xml

113-hr-1405

I 113th CONGRESS 1st Session H. R. 1405 IN THE HOUSE OF REPRESENTATIVES March 25, 2013 Ms. Titus (for herself and Mr. Runyan ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to require the Secretary of Veterans Affairs to include an appeals form in any notice of decision issued for the denial of a benefit sought. 1. Inclusion of appeals forms in notices of decisions of benefits denials issued by the Secretary of Veterans Affairs (a) In general Section 5104(b) of title 38, United States Code, is amended— (1) by striking and (2) and inserting (2) ; and (2) by inserting before the period at the end the following: , and (3) a form that may be used to file an appeal of the decision . (b) Effective date The amendments made by subsection (a) shall apply with respect to decisions made by the Secretary under section 511 of title 38, United States Code, on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1405ih/xml/BILLS-113hr1405ih.xml

113-hr-1406

I 113th CONGRESS 1st Session H. R. 1406 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mrs. Roby (for herself, Mrs. McMorris Rodgers , Mr. Kline , and Mr. Walberg ) 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 compensatory time for employees in the private sector. 1. Short title This Act may be cited as the Working Families Flexibility Act of 2013 . 2. Compensatory time Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) is amended by adding at the end the following: (s) Compensatory Time Off for Private Employees (1) General rule (A) Compensatory time off An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section. (B) Definition For purposes of this subsection, the term employee does not include an employee of a public agency. (2) Conditions An employer may provide compensatory time to employees under paragraph (1)(A) only if such time is provided in accordance with— (A) applicable provisions of a collective bargaining agreement between the employer and the labor organization which has been certified or recognized as the representative of the employees under applicable law; or (B) in the case of employees who are not represented by a labor organization which has been certified or recognized as the representative of such employees under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)— (i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and (ii) entered into knowingly and voluntarily by such employees and not as a condition of employment. No employee may receive or agree to receive compensatory time off under this subsection unless the employee has worked at least 1,000 hours for the employee’s employer during a period of continuous employment with the employer in the 12-month period before the date of agreement or receipt of compensatory time off. (3) Hour limit (A) Maximum hours An employee may accrue not more than 160 hours of compensatory time. (B) Compensation date Not later than January 31 of each calendar year, the employee’s employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer’s employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period. (C) Excess of 80 hours The employer may provide monetary compensation for an employee’s unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6). (D) Policy Except where a collective bargaining agreement provides otherwise, an employer which has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice. (E) Written request An employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued which has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6). (4) Private employer actions An employer which provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of— (A) interfering with such employee’s rights under this subsection to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours; or (B) requiring any employee to use such compensatory time. (5) Termination of employment An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time in accordance with paragraph (6). (6) Rate of compensation (A) General rule If compensation is to be paid to an employee for accrued compensatory time off, such compensation shall be paid at a rate of compensation not less than— (i) the regular rate received by such employee when the compensatory time was earned; or (ii) the final regular rate received by such employee, whichever is higher. (B) Consideration of payment Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation. (7) Use of time An employee— (A) who has accrued compensatory time off authorized to be provided under paragraph (1); and (B) who has requested the use of such compensatory time, shall be permitted by the employee’s employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer. (8) Definitions The terms overtime compensation and compensatory time shall have the meanings given such terms by subsection (o)(7). . 3. Remedies Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) is amended— (1) in subsection (b), by striking (b) Any employer and inserting (b) Except as provided in subsection (f), any employer ; and (2) by adding at the end the following: (f) An employer which violates section 7(s)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(s)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee. . 4. Notice to employees Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published in section 516.4 of title 29, Code of Federal Regulations, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act. 5. Sunset This Act and the amendments made by this Act shall expire 5 years after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1406ih/xml/BILLS-113hr1406ih.xml

113-hr-1407

I 113th CONGRESS 1st Session H. R. 1407 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Shimkus (for himself, Mr. Gardner , Mr. Upton , Mr. Pitts , Mr. Waxman , Mr. Pallone , Mr. Burgess , Mr. Guthrie , and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to reauthorize user fee programs relating to new animal drugs. 1. Short title; finding (a) Short title This Act may be cited as the Animal Drug User Fee Amendments of 2013 . (b) Finding Congress finds that the fees authorized by the amendments made in this Act will be dedicated toward expediting the animal drug development process and the review of new and supplemental animal drug applications and investigational animal drug submissions as set forth in the goals identified, for purposes of part 4 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act, in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Energy and Commerce of the House of Representatives and the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate as set forth in the Congressional Record. 2. Definitions Section 739 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–11 ) is amended to read as follows: 739. Definitions For purposes of this part: (1) The term animal drug application means an application for approval of any new animal drug submitted under section 512(b)(1). Such term does not include either a new animal drug application submitted under section 512(b)(2) or a supplemental animal drug application. (2) The term supplemental animal drug application means— (A) a request to the Secretary to approve a change in an animal drug application which has been approved; or (B) a request to the Secretary to approve a change to an application approved under section 512(c)(2) for which data with respect to safety or effectiveness are required. (3) The term animal drug product means each specific strength or potency of a particular active ingredient or ingredients in final dosage form marketed by a particular manufacturer or distributor, which is uniquely identified by the labeler code and product code portions of the national drug code, and for which an animal drug application or a supplemental animal drug application has been approved. (4) The term animal drug establishment means a foreign or domestic place of business which is at one general physical location consisting of one or more buildings all of which are within 5 miles of each other, at which one or more animal drug products are manufactured in final dosage form. (5) The term investigational animal drug submission means— (A) the filing of a claim for an investigational exemption under section 512(j) for a new animal drug intended to be the subject of an animal drug application or a supplemental animal drug application; or (B) the submission of information for the purpose of enabling the Secretary to evaluate the safety or effectiveness of an animal drug application or supplemental animal drug application in the event of their filing. (6) The term animal drug sponsor means either an applicant named in an animal drug application that has not been withdrawn by the applicant and for which approval has not been withdrawn by the Secretary, or a person who has submitted an investigational animal drug submission that has not been terminated or otherwise rendered inactive by the Secretary. (7) The term final dosage form means, with respect to an animal drug product, a finished dosage form which is approved for administration to an animal without substantial further manufacturing. Such term includes animal drug products intended for mixing in animal feeds. (8) The term process for the review of animal drug applications means the following activities of the Secretary with respect to the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions: (A) The activities necessary for the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions. (B) The issuance of action letters which approve animal drug applications or supplemental animal drug applications or which set forth in detail the specific deficiencies in animal drug applications, supplemental animal drug applications, or investigational animal drug submissions and, where appropriate, the actions necessary to place such applications, supplements, or submissions in condition for approval. (C) The inspection of animal drug establishments and other facilities undertaken as part of the Secretary’s review of pending animal drug applications, supplemental animal drug applications, and investigational animal drug submissions. (D) Monitoring of research conducted in connection with the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions. (E) The development of regulations and policy related to the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions. (F) Development of standards for products subject to review. (G) Meetings between the agency and the animal drug sponsor. (H) Review of advertising and labeling prior to approval of an animal drug application or supplemental animal drug application, but not after such application has been approved. (9) The term costs of resources allocated for the process for the review of animal drug applications means the expenses in connection with the process for the review of animal drug applications for— (A) officers and employees of the Food and Drug Administration, contractors of the Food and Drug Administration, advisory committees consulted with respect to the review of specific animal drug applications, supplemental animal drug applications, or investigational animal drug submissions, and costs related to such officers, employees, committees, and contractors, including costs for travel, education, and recruitment and other personnel activities; (B) management of information and the acquisition, maintenance, and repair of computer resources; (C) leasing, maintenance, renovation, and repair of facilities and acquisition, maintenance, and repair of fixtures, furniture, scientific equipment, and other necessary materials and supplies; and (D) collecting fees under section 740 and accounting for resources allocated for the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions. (10) The term adjustment factor applicable to a fiscal year refers to the formula set forth in section 735(8) with the base or comparator month being October 2002. (11) The term person includes an affiliate thereof. (12) The term affiliate refers to the definition set forth in section 735(11). . 3. Authority to assess and use animal drug fees Section 740 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12 ) is amended to read as follows: 740. Authority to assess and use animal drug fees (a) Types of fees Beginning in fiscal year 2004, the Secretary shall assess and collect fees in accordance with this section as follows: (1) Animal drug application and supplement fee (A) In general Each person that submits, on or after September 1, 2003, an animal drug application or a supplemental animal drug application shall be subject to a fee as follows: (i) A fee established in subsection (c) for an animal drug application, except an animal drug application described in section 512(d)(4). (ii) A fee established in subsection (c), in an amount that is equal to 50 percent of the amount of the fee under clause (i), for— (I) a supplemental animal drug application for which safety or effectiveness data are required; and (II) an animal drug application described in section 512(d)(4). (B) Payment The fee required by subparagraph (A) shall be due upon submission of the animal drug application or supplemental animal drug application. (C) Exception for previously filed application or supplement If an animal drug application or a supplemental animal drug application was submitted by a person that paid the fee for such application or supplement, was accepted for filing, and was not approved or was withdrawn (without a waiver or refund), the submission of an animal drug application or a supplemental animal drug application for the same product by the same person (or the person’s licensee, assignee, or successor) shall not be subject to a fee under subparagraph (A). (D) Refund of fee if application refused for filing The Secretary shall refund 75 percent of the fee paid under subparagraph (B) for any animal drug application or supplemental animal drug application which is refused for filing. (E) Refund of fee if application withdrawn If an animal drug application or a supplemental animal drug application is withdrawn after the application or supplement was filed, the Secretary may refund the fee or portion of the fee paid under subparagraph (B) if no substantial work was performed on the application or supplement after the application or supplement was filed. The Secretary shall have the sole discretion to refund the fee under this paragraph. A determination by the Secretary concerning a refund under this paragraph shall not be reviewable. (2) Animal drug product fee (A) In general Each person— (i) who is named as the applicant in an animal drug application or supplemental animal drug application for an animal drug product which has been submitted for listing under section 510; and (ii) who, after September 1, 2003, had pending before the Secretary an animal drug application or supplemental animal drug application, shall pay for each such animal drug product the annual fee established in subsection (c). (B) Payment; fee due date Such fee shall be payable for the fiscal year in which the animal drug product is first submitted for listing under section 510, or is submitted for relisting under section 510 if the animal drug product has been withdrawn from listing and relisted. After such fee is paid for that fiscal year, such fee shall be due each subsequent fiscal year that the product remains listed, upon the later of— (i) the first business day after the date of enactment of an appropriations Act providing for the collection and obligation of fees for such fiscal year under this section; or (ii) January 31 of each year. (C) Limitation Such fee shall be paid only once for each animal drug product for a fiscal year in which the fee is payable. (3) Animal drug establishment fee (A) In general Each person— (i) who owns or operates, directly or through an affiliate, an animal drug establishment; (ii) who is named as the applicant in an animal drug application or supplemental animal drug application for an animal drug product which has been submitted for listing under section 510; and (iii) who, after September 1, 2003, had pending before the Secretary an animal drug application or supplemental animal drug application, shall be assessed an annual establishment fee as established in subsection (c) for each animal drug establishment listed in its approved animal drug application as an establishment that manufactures the animal drug product named in the application. (B) Payment; fee due date The annual establishment fee shall be assessed in each fiscal year in which the animal drug product named in the application is assessed a fee under paragraph (2) unless the animal drug establishment listed in the application does not engage in the manufacture of the animal drug product during the fiscal year. The fee under this paragraph for a fiscal year shall be due upon the later of— (i) the first business day after the date of enactment of an appropriations Act providing for the collection and obligation of fees for such fiscal year under this section; or (ii) January 31 of each year. (C) Limitation (i) In general An establishment shall be assessed only one fee per fiscal year under this section, subject to clause (ii). (ii) Certain manufacturers If a single establishment manufactures both animal drug products and prescription drug products, as defined in section 735(3), such establishment shall be assessed both the animal drug establishment fee and the prescription drug establishment fee, as set forth in section 736(a)(2), within a single fiscal year. (4) Animal drug sponsor fee (A) In general Each person— (i) who meets the definition of an animal drug sponsor within a fiscal year; and (ii) who, after September 1, 2003, had pending before the Secretary an animal drug application, a supplemental animal drug application, or an investigational animal drug submission, shall be assessed an annual sponsor fee as established under subsection (c). (B) Payment; fee due date The fee under this paragraph for a fiscal year shall be due upon the later of— (i) the first business day after the date of enactment of an appropriations Act providing for the collection and obligation of fees for such fiscal year under this section; or (ii) January 31 of each year. (C) Limitation Each animal drug sponsor shall pay only one such fee each fiscal year. (b) Fee revenue amounts (1) In general Subject to subsections (c), (d), (f), and (g)— (A) for fiscal year 2014, the fees required under subsection (a) shall be established to generate a total revenue amount of $23,600,000; and (B) for each of fiscal years 2015 through 2018, the fees required under subsection (a) shall be established to generate a total revenue amount of $21,600,000. (2) Types of fees Of the total revenue amount determined for a fiscal year under paragraph (1)— (A) 20 percent shall be derived from fees under subsection (a)(1) (relating to animal drug applications and supplements); (B) 27 percent shall be derived from fees under subsection (a)(2) (relating to animal drug products); (C) 26 percent shall be derived from fees under subsection (a)(3) (relating to animal drug establishments); and (D) 27 percent shall be derived from fees under subsection (a)(4) (relating to animal drug sponsors). (c) Annual fee setting; adjustments (1) Annual fee setting The Secretary shall establish, 60 days before the start of each fiscal year beginning after September 30, 2003, for that fiscal year, animal drug application fees, supplemental animal drug application fees, animal drug sponsor fees, animal drug establishment fees, and animal drug product fees based on the revenue amounts established under subsection (b) and the adjustments provided under this subsection. (2) Inflation adjustment For fiscal year 2015 and subsequent fiscal years, the revenue amounts established in subsection (b) shall be adjusted by the Secretary by notice, published in the Federal Register, for a fiscal year, by an amount equal to the sum of— (A) one; (B) the average annual percent change in the cost, per full-time equivalent position of the Food and Drug Administration, of all personnel compensation and benefits paid with respect to such positions for the first 3 of the preceding 4 fiscal years for which data are available, multiplied by the average proportion of personnel compensation and benefits costs to total Food and Drug Administration costs for the first 3 years of the preceding 4 fiscal years for which data are available; and (C) the average annual percent change that occurred in the Consumer Price Index for urban consumers (Washington-Baltimore, DC-MD-VA-WV; not seasonally adjusted; all items less food and energy; annual index) for the first 3 years of the preceding 4 years for which data are available multiplied by the average proportion of all costs other than personnel compensation and benefits costs to total Food and Drug Administration costs for the first 3 years of the preceding 4 fiscal years for which data are available. The adjustment made each fiscal year under this paragraph shall be added on a compounded basis to the sum of all adjustments made each fiscal year after fiscal year 2014 under this paragraph. (3) Workload adjustment For fiscal year 2015 and subsequent fiscal years, after the revenue amounts established in subsection (b) are adjusted for inflation in accordance with paragraph (2), the revenue amounts shall be further adjusted for such fiscal year to reflect changes in the workload of the Secretary for the process for the review of animal drug applications. With respect to such adjustment— (A) such adjustment shall be determined by the Secretary based on a weighted average of the change in the total number of animal drug applications, supplemental animal drug applications for which data with respect to safety or effectiveness are required, manufacturing supplemental animal drug applications, investigational animal drug study submissions, and investigational animal drug protocol submissions submitted to the Secretary; (B) the Secretary shall publish in the Federal Register the fees resulting from such adjustment and the supporting methodologies; and (C) under no circumstances shall such adjustment result in fee revenues for a fiscal year that are less than the fee revenues for that fiscal year established in subsection (b), as adjusted for inflation under paragraph (2). (4) Final year adjustment For fiscal year 2018, the Secretary may, in addition to other adjustments under this subsection, further increase the fees under this section, if such an adjustment is necessary to provide for up to 3 months of operating reserves of carryover user fees for the process for the review of animal drug applications for the first 3 months of fiscal year 2019. If the Food and Drug Administration has carryover balances for the process for the review of animal drug applications in excess of 3 months of such operating reserves, then this adjustment will not be made. If this adjustment is necessary, then the rationale for the amount of the increase shall be contained in the annual notice setting fees for fiscal year 2018. (5) Limit The total amount of fees charged, as adjusted under this subsection, for a fiscal year may not exceed the total costs for such fiscal year for the resources allocated for the process for the review of animal drug applications. (d) Fee waiver or reduction (1) In general The Secretary shall grant a waiver from or a reduction of one or more fees assessed under subsection (a) where the Secretary finds that— (A) the assessment of the fee would present a significant barrier to innovation because of limited resources available to such person or other circumstances; (B) the fees to be paid by such person will exceed the anticipated present and future costs incurred by the Secretary in conducting the process for the review of animal drug applications for such person; (C) the animal drug application or supplemental animal drug application is intended solely to provide for use of the animal drug in— (i) a Type B medicated feed (as defined in section 558.3(b)(3) of title 21, Code of Federal Regulations (or any successor regulation)) intended for use in the manufacture of Type C free-choice medicated feeds; or (ii) a Type C free-choice medicated feed (as defined in section 558.3(b)(4) of title 21, Code of Federal Regulations (or any successor regulation)); (D) the animal drug application or supplemental animal drug application is intended solely to provide for a minor use or minor species indication; or (E) the sponsor involved is a small business submitting its first animal drug application to the Secretary for review. (2) Use of standard costs In making the finding in paragraph (1)(B), the Secretary may use standard costs. (3) Rules for small businesses (A) Definition In paragraph (1)(E), the term small business means an entity that has fewer than 500 employees, including employees of affiliates. (B) Waiver of application fee The Secretary shall waive under paragraph (1)(E) the application fee for the first animal drug application that a small business or its affiliate submits to the Secretary for review. After a small business or its affiliate is granted such a waiver, the small business or its affiliate shall pay application fees for all subsequent animal drug applications and supplemental animal drug applications for which safety or effectiveness data are required in the same manner as an entity that does not qualify as a small business. (C) Certification The Secretary shall require any person who applies for a waiver under paragraph (1)(E) to certify their qualification for the waiver. The Secretary shall periodically publish in the Federal Register a list of persons making such certifications. (e) Effect of failure To pay fees An animal drug application or supplemental animal drug application submitted by a person subject to fees under subsection (a) shall be considered incomplete and shall not be accepted for filing by the Secretary until all fees owed by such person have been paid. An investigational animal drug submission under section 739(5)(B) that is submitted by a person subject to fees under subsection (a) shall be considered incomplete and shall not be accepted for review by the Secretary until all fees owed by such person have been paid. The Secretary may discontinue review of any animal drug application, supplemental animal drug application, or investigational animal drug submission from a person if such person has not submitted for payment all fees owed under this section by 30 days after the date upon which they are due. (f) Assessment of fees (1) Limitation Fees may not be assessed under subsection (a) for a fiscal year beginning after fiscal year 2003 unless appropriations for salaries and expenses of the Food and Drug Administration for such fiscal year (excluding the amount of fees appropriated for such fiscal year) are equal to or greater than the amount of appropriations for the salaries and expenses of the Food and Drug Administration for the fiscal year 2003 (excluding the amount of fees appropriated for such fiscal year) multiplied by the adjustment factor applicable to the fiscal year involved. (2) Authority If the Secretary does not assess fees under subsection (a) during any portion of a fiscal year because of paragraph (1) and if at a later date in such fiscal year the Secretary may assess such fees, the Secretary may assess and collect such fees, without any modification in the rate, for animal drug applications, supplemental animal drug applications, investigational animal drug submissions, animal drug sponsors, animal drug establishments, and animal drug products at any time in such fiscal year notwithstanding the provisions of subsection (a) relating to the date fees are to be paid. (g) Crediting and availability of fees (1) In general Subject to paragraph (2)(C), fees authorized under subsection (a) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Such fees are authorized to be appropriated to remain available until expended. Such sums as may be necessary may be transferred from the Food and Drug Administration salaries and expenses appropriation account without fiscal year limitation to such appropriation account for salary and expenses with such fiscal year limitation. The sums transferred shall be available solely for the process for the review of animal drug applications. (2) Collections and appropriation acts (A) In general The fees authorized by this section— (i) subject to subparagraph (C), shall be collected and available in each fiscal year in an amount not to exceed the amount specified in appropriation Acts, or otherwise made available for obligation for such fiscal year; and (ii) shall be available to defray increases in the costs of the resources allocated for the process for the review of animal drug applications (including increases in such costs for an additional number of full-time equivalent positions in the Department of Health and Human Services to be engaged in such process) over such costs, excluding costs paid from fees collected under this section, for fiscal year 2003 multiplied by the adjustment factor. (B) Compliance The Secretary shall be considered to have met the requirements of subparagraph (A)(ii) in any fiscal year if the costs funded by appropriations and allocated for the process for the review of animal drug applications— (i) are not more than 3 percent below the level specified in subparagraph (A)(ii); or (ii) (I) are more than 3 percent below the level specified in subparagraph (A)(ii), and fees assessed for the fiscal year following the subsequent fiscal year are decreased by the amount in excess of 3 percent by which such costs fell below the level specified in subparagraph (A)(ii); and (II) such costs are not more than 5 percent below the level specified in subparagraph (A)(ii). (C) Provision for early payments Payment of fees authorized under this section for a fiscal year, prior to the due date for such fees, may be accepted by the Secretary in accordance with authority provided in advance in a prior year appropriations Act. (3) Authorization of appropriations For each of the fiscal years 2014 through 2018, there is authorized to be appropriated for fees under this section an amount equal to the total revenue amount determined under subsection (b) for the fiscal year, as adjusted or otherwise affected under subsection (c) and paragraph (4). (4) Offset of overcollections; recovery of collection shortfalls (A) Offset of overcollections If the sum of the cumulative amount of fees collected under this section for fiscal years 2014 through 2016 and the amount of fees estimated to be collected under this section for fiscal year 2017 (including any increased fee collections attributable to subparagraph (B)), exceeds the cumulative amount appropriated pursuant to paragraph (3) for the fiscal years 2014 through 2017, the excess amount shall be credited to the appropriation account of the Food and Drug Administration as provided in paragraph (1), and shall be subtracted from the amount of fees that would otherwise be authorized to be collected under this section pursuant to appropriation Acts for fiscal year 2018. (B) Recovery of collection shortfalls (i) Fiscal year 2016 For fiscal year 2016, the amount of fees otherwise authorized to be collected under this section shall be increased by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 2014 falls below the amount of fees authorized for fiscal year 2014 under paragraph (3). (ii) Fiscal year 2017 For fiscal year 2017, the amount of fees otherwise authorized to be collected under this section shall be increased by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 2015 falls below the amount of fees authorized for fiscal year 2015 under paragraph (3). (iii) Fiscal year 2018 For fiscal year 2018, the amount of fees otherwise authorized to be collected under this section (including any reduction in the authorized amount under subparagraph (A)), shall be increased by the cumulative amount, if any, by which the amount collected under this section and appropriated for fiscal years 2016 and 2017 (including estimated collections for fiscal year 2017) falls below the cumulative amount of fees authorized under paragraph (3) for fiscal years 2016 and 2017. (h) Collection of unpaid fees In any case where the Secretary does not receive payment of a fee assessed under subsection (a) within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31, United States Code. (i) Written requests for waivers, reductions, and refunds To qualify for consideration for a waiver or reduction under subsection (d), or for a refund of any fee collected in accordance with subsection (a), a person shall submit to the Secretary a written request for such waiver, reduction, or refund not later than 180 days after such fee is due. (j) Construction This section may not be construed to require that the number of full-time equivalent positions in the Department of Health and Human Services, for officers, employees, and advisory committees not engaged in the process of the review of animal drug applications, be reduced to offset the number of officers, employees, and advisory committees so engaged. (k) Abbreviated new animal drug applications The Secretary shall— (1) to the extent practicable, segregate the review of abbreviated new animal drug applications from the process for the review of animal drug applications; and (2) adopt other administrative procedures to ensure that review times of abbreviated new animal drug applications do not increase from their current level due to activities under the user fee program. . 4. Reauthorization; reporting requirements Section 740A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–13 ) is amended to read as follows: 740A. Reauthorization; reporting requirements (a) Performance report Beginning with fiscal year 2014, not later than 120 days after the end of each fiscal year during which fees are collected under this part, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report concerning the progress of the Food and Drug Administration in achieving the goals identified in the letters described in section 1(b) of the Animal Drug User Fee Amendments of 2013 toward expediting the animal drug development process and the review of the new and supplemental animal drug applications and investigational animal drug submissions during such fiscal year, the future plans of the Food and Drug Administration for meeting the goals, the review times for abbreviated new animal drug applications, and the administrative procedures adopted by the Food and Drug Administration to ensure that review times for abbreviated new animal drug applications are not increased from their current level due to activities under the user fee program. (b) Fiscal report Beginning with fiscal year 2014, not later than 120 days after the end of each fiscal year during which fees are collected under this part, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the implementation of the authority for such fees during such fiscal year and the use, by the Food and Drug Administration, of the fees collected during such fiscal year for which the report is made. (c) Public availability The Secretary shall make the reports required under subsections (a) and (b) available to the public on the Internet Web site of the Food and Drug Administration. (d) Reauthorization (1) Consultation In developing recommendations to present to the Congress with respect to the goals, and plans for meeting the goals, for the process for the review of animal drug applications for the first 5 fiscal years after fiscal year 2018, and for the reauthorization of this part for such fiscal years, the Secretary shall consult with— (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) scientific and academic experts; (D) veterinary professionals; (E) representatives of patient and consumer advocacy groups; and (F) the regulated industry. (2) Prior public input Prior to beginning negotiations with the regulated industry on the reauthorization of this part, the Secretary shall— (A) publish a notice in the Federal Register requesting public input on the reauthorization; (B) hold a public meeting at which the public may present its views on the reauthorization, including specific suggestions for changes to the goals referred to in subsection (a); (C) provide a period of 30 days after the public meeting to obtain written comments from the public suggesting changes to this part; and (D) publish the comments on the Food and Drug Administration’s Internet Web site. (3) Periodic consultation Not less frequently than once every 4 months during negotiations with the regulated industry, the Secretary shall hold discussions with representatives of veterinary, patient, and consumer advocacy groups to continue discussions of their views on the reauthorization and their suggestions for changes to this part as expressed under paragraph (2). (4) Public review of recommendations After negotiations with the regulated industry, the Secretary shall— (A) present the recommendations developed under paragraph (1) to the congressional committees specified in such paragraph; (B) publish such recommendations in the Federal Register; (C) provide for a period of 30 days for the public to provide written comments on such recommendations; (D) hold a meeting at which the public may present its views on such recommendations; and (E) after consideration of such public views and comments, revise such recommendations as necessary. (5) Transmittal of recommendations Not later than January 15, 2018, the Secretary shall transmit to Congress the revised recommendations under paragraph (4), a summary of the views and comments received under such paragraph, and any changes made to the recommendations in response to such views and comments. (6) Minutes of negotiation meetings (A) Public availability Before presenting the recommendations developed under paragraphs (1) through (5) to Congress, the Secretary shall make publicly available, on the Internet Web site of the Food and Drug Administration, minutes of all negotiation meetings conducted under this subsection between the Food and Drug Administration and the regulated industry. (B) Content The minutes described under subparagraph (A) shall summarize any substantive proposal made by any party to the negotiations as well as significant controversies or differences of opinion during the negotiations and their resolution. . 5. Savings clause Notwithstanding the amendments made by this Act, part 4 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–11 et seq. ), as in effect on the day before the date of the enactment of this Act, shall continue to be in effect with respect to animal drug applications and supplemental animal drug applications (as defined in such part as of such day) that on or after October 1, 2008, but before October 1, 2013, were accepted by the Food and Drug Administration for filing with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year 2014. 6. Effective date The amendments made by this Act shall take effect on October 1, 2013, or the date of enactment of this Act, whichever is later, except that fees under part 4 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act, as amended by this Act, shall be assessed for all animal drug applications and supplemental animal drug applications received on or after October 1, 2013, regardless of the date of the enactment of this Act. 7. Sunset dates (a) Authorization Section 740 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12 ) shall cease to be effective October 1, 2018. (b) Reporting requirements Section 740A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–13 ) shall cease to be effective January 31, 2019. (c) Previous sunset provision (1) In general Section 108 of the Animal Drug User Fee Amendments of 2008 ( Public Law 110–316 ) is repealed. (2) Conforming amendment The Animal Drug User Fee Amendments of 2008 (Public Law 110–316) is amended in the table of contents in section 1, by striking the item relating to section 108. (d) Technical clarification Effective November 18, 2003, section 5 of the Animal Drug User Fee Act of 2003 ( Public Law 108–130 ) is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr1407ih/xml/BILLS-113hr1407ih.xml

113-hr-1408

I 113th CONGRESS 1st Session H. R. 1408 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Gardner (for himself, Mr. Shimkus , Mr. Upton , Mr. Pitts , Mr. Waxman , Mr. Pallone , Mr. Burgess , Mr. Guthrie , and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to reauthorize user fee programs relating to generic new animal drugs. 1. Short title; finding (a) Short title This Act may be cited as the Animal Generic Drug User Fee Amendments of 2013 . (b) Finding The fees authorized by this Act will be dedicated toward expediting the generic new animal drug development process and the review of abbreviated applications for generic new animal drugs, supplemental abbreviated applications for generic new animal drugs, and investigational submissions for generic new animal drugs as set forth in the goals identified in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Energy and Commerce of the House of Representatives and the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate as set forth in the Congressional Record. 2. Authority to assess and use generic new animal drug fees Section 741 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21 ) is amended to read as follows: 741. Authority to assess and use generic new animal drug fees (a) Types of fees Beginning with respect to fiscal year 2009, the Secretary shall assess and collect fees in accordance with this section as follows: (1) Abbreviated application fee (A) In general Each person that submits, on or after July 1, 2008, an abbreviated application for a generic new animal drug shall be subject to a fee as established in subsection (c) for such an application. (B) Payment The fee required by subparagraph (A) shall be due upon submission of the abbreviated application. (C) Exceptions (i) Previously filed application If an abbreviated application was submitted by a person that paid the fee for such application, was accepted for filing, and was not approved or was withdrawn (without a waiver or refund), the submission of an abbreviated application for the same product by the same person (or the person’s licensee, assignee, or successor) shall not be subject to a fee under subparagraph (A). (ii) Certain abbreviated applications involving combination animal drugs An abbreviated application for an animal drug described in section 512(d)(4) and submitted on or after October 1, 2013, shall be subject to a fee equal to 50 percent of the amount of the abbreviated application fee established in subsection (c). (D) Refund of fee if application refused for filing The Secretary shall refund 75 percent of the fee paid under subparagraph (B) for any abbreviated application which is refused for filing. (E) Refund of fee if application withdrawn If an abbreviated application is withdrawn after the application was filed, the Secretary may refund the fee or portion of the fee paid under subparagraph (B) if no substantial work was performed on the application after the application was filed. The Secretary shall have the sole discretion to refund the fee under this subparagraph. A determination by the Secretary concerning a refund under this subparagraph shall not be reviewable. (2) Generic new animal drug product fee (A) In general Each person— (i) who is named as the applicant in an abbreviated application or supplemental abbreviated application for a generic new animal drug product which has been submitted for listing under section 510; and (ii) who, after September 1, 2008, had pending before the Secretary an abbreviated application or supplemental abbreviated application, shall pay for each such generic new animal drug product the annual fee established in subsection (c). (B) Payment; fee due date Such fee shall be payable for the fiscal year in which the generic new animal drug product is first submitted for listing under section 510, or is submitted for relisting under section 510 if the generic new animal drug product has been withdrawn from listing and relisted. After such fee is paid for that fiscal year, such fee shall be due each subsequent fiscal year that the product remains listed, upon the later of— (i) the first business day after the date of enactment of an appropriations Act providing for the collection and obligation of fees for such fiscal year under this section; or (ii) January 31 of each year. (C) Limitation Such fee shall be paid only once for each generic new animal drug product for a fiscal year in which the fee is payable. (3) Generic new animal drug sponsor fee (A) In general Each person— (i) who meets the definition of a generic new animal drug sponsor within a fiscal year; and (ii) who, after September 1, 2008, had pending before the Secretary an abbreviated application, a supplemental abbreviated application, or an investigational submission, shall be assessed an annual generic new animal drug sponsor fee as established under subsection (c). (B) Payment; fee due date Such fee shall be due each fiscal year upon the later of— (i) the first business day after the date of enactment of an appropriations Act providing for the collection and obligation of fees for such fiscal year under this section; or (ii) January 31 of each year. (C) Amount of fee Each generic new animal drug sponsor shall pay only 1 such fee each fiscal year, as follows: (i) 100 percent of the amount of the generic new animal drug sponsor fee published for that fiscal year under subsection (c) for an applicant with more than 6 approved abbreviated applications. (ii) 75 percent of the amount of the generic new animal drug sponsor fee published for that fiscal year under subsection (c) for an applicant with more than 1 and fewer than 7 approved abbreviated applications. (iii) 50 percent of the amount of the generic new animal drug sponsor fee published for that fiscal year under subsection (c) for an applicant with 1 or fewer approved abbreviated applications. (b) Fee amounts Subject to subsections (c), (d), (f), and (g), the fees required under subsection (a) shall be established to generate fee revenue amounts as follows: (1) Total fee revenues for application fees The total fee revenues to be collected in abbreviated application fees under subsection (a)(1) shall be $1,832,000 for fiscal year 2014, $1,736,000 for fiscal year 2015, $1,857,000 for fiscal year 2016, $1,984,000 for fiscal year 2017, and $2,117,000 for fiscal year 2018. (2) Total fee revenues for product fees The total fee revenues to be collected in generic new animal drug product fees under subsection (a)(2) shall be $2,748,000 for fiscal year 2014, $2,604,000 for fiscal year 2015, $2,786,000 for fiscal year 2016, $2,976,000 for fiscal year 2017, and $3,175,000 for fiscal year 2018. (3) Total fee revenues for sponsor fees The total fee revenues to be collected in generic new animal drug sponsor fees under subsection (a)(3) shall be $2,748,000 for fiscal year 2014, $2,604,000 for fiscal year 2015, $2,786,000 for fiscal year 2016, $2,976,000 for fiscal year 2017, and $3,175,000 for fiscal year 2018. (c) Annual fee setting; adjustments (1) Annual fee setting The Secretary shall establish, 60 days before the start of each fiscal year beginning after September 30, 2008, for that fiscal year, abbreviated application fees, generic new animal drug sponsor fees, and generic new animal drug product fees, based on the revenue amounts established under subsection (b) and the adjustments provided under this subsection. (2) Workload adjustment The fee revenues shall be adjusted each fiscal year after fiscal year 2014 to reflect changes in review workload. With respect to such adjustment: (A) This adjustment shall be determined by the Secretary based on a weighted average of the change in the total number of abbreviated applications for generic new animal drugs, manufacturing supplemental abbreviated applications for generic new animal drugs, investigational generic new animal drug study submissions, and investigational generic new animal drug protocol submissions submitted to the Secretary. The Secretary shall publish in the Federal Register the fees resulting from this adjustment and the supporting methodologies. (B) Under no circumstances shall this workload adjustment result in fee revenues for a fiscal year that are less than the fee revenues for that fiscal year established in subsection (b). (3) Final year adjustment For fiscal year 2018, the Secretary may, in addition to other adjustments under this subsection, further increase the fees under this section, if such an adjustment is necessary, to provide for up to 3 months of operating reserves of carryover user fees for the process for the review of abbreviated applications for generic new animal drugs for the first 3 months of fiscal year 2019. If the Food and Drug Administration has carryover balances for the process for the review of abbreviated applications for generic new animal drugs in excess of 3 months of such operating reserves, then this adjustment shall not be made. If this adjustment is necessary, then the rationale for the amount of the increase shall be contained in the annual notice setting fees for fiscal year 2018. (4) Limit The total amount of fees charged, as adjusted under this subsection, for a fiscal year may not exceed the total costs for such fiscal year for the resources allocated for the process for the review of abbreviated applications for generic new animal drugs. (d) Fee waiver or reduction The Secretary shall grant a waiver from or a reduction of 1 or more fees assessed under subsection (a) where the Secretary finds that the generic new animal drug is intended solely to provide for a minor use or minor species indication. (e) Effect of failure To pay fees An abbreviated application for a generic new animal drug submitted by a person subject to fees under subsection (a) shall be considered incomplete and shall not be accepted for filing by the Secretary until all fees owed by such person have been paid. An investigational submission for a generic new animal drug that is submitted by a person subject to fees under subsection (a) shall be considered incomplete and shall not be accepted for review by the Secretary until all fees owed by such person have been paid. The Secretary may discontinue review of any abbreviated application for a generic new animal drug, supplemental abbreviated application for a generic new animal drug, or investigational submission for a generic new animal drug from a person if such person has not submitted for payment all fees owed under this section by 30 days after the date upon which they are due. (f) Assessment of fees (1) Limitation Fees may not be assessed under subsection (a) for a fiscal year beginning after fiscal year 2008 unless appropriations for salaries and expenses of the Food and Drug Administration for such fiscal year (excluding the amount of fees appropriated for such fiscal year) are equal to or greater than the amount of appropriations for the salaries and expenses of the Food and Drug Administration for the fiscal year 2003 (excluding the amount of fees appropriated for such fiscal year) multiplied by the adjustment factor applicable to the fiscal year involved. (2) Authority If the Secretary does not assess fees under subsection (a) during any portion of a fiscal year because of paragraph (1) and if at a later date in such fiscal year the Secretary may assess such fees, the Secretary may assess and collect such fees, without any modification in the rate, for abbreviated applications, generic new animal drug sponsors, and generic new animal drug products at any time in such fiscal year notwithstanding the provisions of subsection (a) relating to the date fees are to be paid. (g) Crediting and availability of fees (1) In general Subject to paragraph (2)(C), fees authorized under subsection (a) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Such fees are authorized to be appropriated to remain available until expended. Such sums as may be necessary may be transferred from the Food and Drug Administration salaries and expenses appropriation account without fiscal year limitation to such appropriation account for salary and expenses with such fiscal year limitation. The sums transferred shall be available solely for the process for the review of abbreviated applications for generic new animal drugs. (2) Collections and appropriation acts (A) In general The fees authorized by this section— (i) subject to subparagraph (C), shall be collected and available in each fiscal year in an amount not to exceed the amount specified in appropriation Acts, or otherwise made available for obligation for such fiscal year; and (ii) shall be available to defray increases in the costs of the resources allocated for the process for the review of abbreviated applications for generic new animal drugs (including increases in such costs for an additional number of full-time equivalent positions in the Department of Health and Human Services to be engaged in such process) over such costs, excluding costs paid from fees collected under this section, for fiscal year 2008 multiplied by the adjustment factor. (B) Compliance The Secretary shall be considered to have met the requirements of subparagraph (A)(ii) in any fiscal year if the costs funded by appropriations and allocated for the process for the review of abbreviated applications for generic new animal drugs— (i) are not more than 3 percent below the level specified in subparagraph (A)(ii); or (ii) (I) are more than 3 percent below the level specified in subparagraph (A)(ii), and fees assessed for the fiscal year following the subsequent fiscal year are decreased by the amount in excess of 3 percent by which such costs fell below the level specified in subparagraph (A)(ii); and (II) such costs are not more than 5 percent below the level specified in subparagraph (A)(ii). (C) Provision for early payments Payment of fees authorized under this section for a fiscal year, prior to the due date for such fees, may be accepted by the Secretary in accordance with authority provided in advance in a prior year appropriations Act. (3) Authorization of appropriations There are authorized to be appropriated for fees under this section— (A) $7,328,000 for fiscal year 2014; (B) $6,944,000 for fiscal year 2015; (C) $7,429,000 for fiscal year 2016; (D) $7,936,000 for fiscal year 2017; and (E) $8,467,000 for fiscal year 2018; as adjusted to reflect adjustments in the total fee revenues made under this section and changes in the total amounts collected by abbreviated application fees, generic new animal drug sponsor fees, and generic new animal drug product fees. (4) Offset If the sum of the cumulative amount of fees collected under this section for the fiscal years 2014 through 2016 and the amount of fees estimated to be collected under this section for fiscal year 2017 exceeds the cumulative amount appropriated under paragraph (3) for the fiscal years 2014 through 2017, the excess amount shall be credited to the appropriation account of the Food and Drug Administration as provided in paragraph (1), and shall be subtracted from the amount of fees that would otherwise be authorized to be collected under this section pursuant to appropriation Acts for fiscal year 2018. (h) Collection of unpaid fees In any case where the Secretary does not receive payment of a fee assessed under subsection (a) within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31, United States Code. (i) Written requests for waivers, reductions, and refunds To qualify for consideration for a waiver or reduction under subsection (d), or for a refund of any fee collected in accordance with subsection (a), a person shall submit to the Secretary a written request for such waiver, reduction, or refund not later than 180 days after such fee is due. (j) Construction This section may not be construed to require that the number of full-time equivalent positions in the Department of Health and Human Services, for officers, employees, and advisory committees not engaged in the process of the review of abbreviated applications for generic new animal drugs, be reduced to offset the number of officers, employees, and advisory committees so engaged. (k) Definitions In this section and section 742: (1) Abbreviated application for a generic new animal drug The terms abbreviated application for a generic new animal drug and abbreviated application mean an abbreviated application for the approval of any generic new animal drug submitted under section 512(b)(2). Such term does not include a supplemental abbreviated application for a generic new animal drug. (2) Adjustment factor The term adjustment factor applicable to a fiscal year is the Consumer Price Index for all urban consumers (all items; United States city average) for October of the preceding fiscal year divided by— (A) for purposes of subsection (f)(1), such Index for October 2002; and (B) for purposes of subsection (g)(2)(A)(ii), such Index for October 2007. (3) Costs of resources allocated for the process for the review of abbreviated applications for generic new animal drugs The term costs of resources allocated for the process for the review of abbreviated applications for generic new animal drugs means the expenses in connection with the process for the review of abbreviated applications for generic new animal drugs for— (A) officers and employees of the Food and Drug Administration, contractors of the Food and Drug Administration, advisory committees consulted with respect to the review of specific abbreviated applications, supplemental abbreviated applications, or investigational submissions, and costs related to such officers, employees, committees, and contractors, including costs for travel, education, and recruitment and other personnel activities; (B) management of information, and the acquisition, maintenance, and repair of computer resources; (C) leasing, maintenance, renovation, and repair of facilities and acquisition, maintenance, and repair of fixtures, furniture, scientific equipment, and other necessary materials and supplies; and (D) collecting fees under this section and accounting for resources allocated for the review of abbreviated applications, supplemental abbreviated applications, and investigational submissions. (4) Final dosage form The term final dosage form means, with respect to a generic new animal drug product, a finished dosage form which is approved for administration to an animal without substantial further manufacturing. Such term includes generic new animal drug products intended for mixing in animal feeds. (5) Generic new animal drug The term generic new animal drug means a new animal drug that is the subject of an abbreviated application. (6) Generic new animal drug product The term generic new animal drug product means each specific strength or potency of a particular active ingredient or ingredients in final dosage form marketed by a particular manufacturer or distributor, which is uniquely identified by the labeler code and product code portions of the national drug code, and for which an abbreviated application for a generic new animal drug or a supplemental abbreviated application has been approved. (7) Generic new animal drug sponsor The term generic new animal drug sponsor means either an applicant named in an abbreviated application for a generic new animal drug that has not been withdrawn by the applicant and for which approval has not been withdrawn by the Secretary, or a person who has submitted an investigational submission for a generic new animal drug that has not been terminated or otherwise rendered inactive by the Secretary. (8) Investigational submission for a generic new animal drug The terms investigational submission for a generic new animal drug and investigational submission mean— (A) the filing of a claim for an investigational exemption under section 512(j) for a generic new animal drug intended to be the subject of an abbreviated application or a supplemental abbreviated application; or (B) the submission of information for the purpose of enabling the Secretary to evaluate the safety or effectiveness of a generic new animal drug in the event of the filing of an abbreviated application or supplemental abbreviated application for such drug. (9) Person The term person includes an affiliate thereof (as such term is defined in section 735(11)). (10) Process for the review of abbreviated applications for generic new animal drugs The term process for the review of abbreviated applications for generic new animal drugs means the following activities of the Secretary with respect to the review of abbreviated applications, supplemental abbreviated applications, and investigational submissions: (A) The activities necessary for the review of abbreviated applications, supplemental abbreviated applications, and investigational submissions. (B) The issuance of action letters which approve abbreviated applications or supplemental abbreviated applications or which set forth in detail the specific deficiencies in abbreviated applications, supplemental abbreviated applications, or investigational submissions and, where appropriate, the actions necessary to place such applications, supplemental applications, or submissions in condition for approval. (C) The inspection of generic new animal drug establishments and other facilities undertaken as part of the Secretary’s review of pending abbreviated applications, supplemental abbreviated applications, and investigational submissions. (D) Monitoring of research conducted in connection with the review of abbreviated applications, supplemental abbreviated applications, and investigational submissions. (E) The development of regulations and policy related to the review of abbreviated applications, supplemental abbreviated applications, and investigational submissions. (F) Development of standards for products subject to review. (G) Meetings between the agency and the generic new animal drug sponsor. (H) Review of advertising and labeling prior to approval of an abbreviated application or supplemental abbreviated application, but not after such application has been approved. (11) Supplemental abbreviated application for generic new animal drug The terms supplemental abbreviated application for a generic new animal drug and supplemental abbreviated application mean a request to the Secretary to approve a change in an approved abbreviated application. . 3. Reauthorization; reporting requirements Section 742 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–22 ) is amended to read as follows: 742. Reauthorization; reporting requirements (a) Performance reports Beginning with fiscal year 2014, not later than 120 days after the end of each fiscal year during which fees are collected under this part, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report concerning the progress of the Food and Drug Administration in achieving the goals identified in the letters described in section 1(b) of the Animal Generic Drug User Fee Amendments of 2013 toward expediting the generic new animal drug development process and the review of abbreviated applications for generic new animal drugs, supplemental abbreviated applications for generic new animal drugs, and investigational submissions for generic new animal drugs during such fiscal year. (b) Fiscal report Beginning with fiscal year 2014, not later than 120 days after the end of each fiscal year during which fees are collected under this part, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the implementation of the authority for such fees during such fiscal year and the use, by the Food and Drug Administration, of the fees collected during such fiscal year for which the report is made. (c) Public availability The Secretary shall make the reports required under subsections (a) and (b) available to the public on the Internet Web site of the Food and Drug Administration. (d) Reauthorization (1) Consultation In developing recommendations to present to Congress with respect to the goals, and plans for meeting the goals, for the process for the review of abbreviated applications for generic new animal drugs for the first 5 fiscal years after fiscal year 2018, and for the reauthorization of this part for such fiscal years, the Secretary shall consult with— (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) scientific and academic experts; (D) veterinary professionals; (E) representatives of patient and consumer advocacy groups; and (F) the regulated industry. (2) Prior public input Prior to beginning negotiations with the regulated industry on the reauthorization of this part, the Secretary shall— (A) publish a notice in the Federal Register requesting public input on the reauthorization; (B) hold a public meeting at which the public may present its views on the reauthorization, including specific suggestions for changes to the goals referred to in subsection (a); (C) provide a period of 30 days after the public meeting to obtain written comments from the public suggesting changes to this part; and (D) publish the comments on the Food and Drug Administration’s Internet Web site. (3) Periodic consultation Not less frequently than once every 4 months during negotiations with the regulated industry, the Secretary shall hold discussions with representatives of veterinary, patient, and consumer advocacy groups to continue discussions of their views on the reauthorization and their suggestions for changes to this part as expressed under paragraph (2). (4) Public review of recommendations After negotiations with the regulated industry, the Secretary shall— (A) present the recommendations developed under paragraph (1) to the congressional committees specified in such paragraph; (B) publish such recommendations in the Federal Register; (C) provide for a period of 30 days for the public to provide written comments on such recommendations; (D) hold a meeting at which the public may present its views on such recommendations; and (E) after consideration of such public views and comments, revise such recommendations as necessary. (5) Transmittal of recommendations Not later than January 15, 2018, the Secretary shall transmit to Congress the revised recommendations under paragraph (4), a summary of the views and comments received under such paragraph, and any changes made to the recommendations in response to such views and comments. (6) Minutes of negotiation meetings (A) Public availability Before presenting the recommendations developed under paragraphs (1) through (5) to Congress, the Secretary shall make publicly available, on the Internet Web site of the Food and Drug Administration, minutes of all negotiation meetings conducted under this subsection between the Food and Drug Administration and the regulated industry. (B) Content The minutes described under subparagraph (A) shall summarize any substantive proposal made by any party to the negotiations as well as significant controversies or differences of opinion during the negotiations and their resolution. . 4. Savings clause Notwithstanding the amendments made by this Act, part 5 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act, as in effect on the day before the date of enactment of this Act, shall continue to be in effect with respect to abbreviated applications for a generic new animal drug and supplemental abbreviated applications for a generic new animal drug (as defined in such part as of such day) that on or after October 1, 2008, but before October 1, 2013, were accepted by the Food and Drug Administration for filing with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year 2014. 5. Effective date The amendments made by this Act shall take effect on October 1, 2013, or the date of enactment of this Act, whichever is later, except that fees under part 5 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act, as amended by this Act, shall be assessed for all abbreviated applications for a generic new animal drug and supplemental abbreviated applications for a generic new animal drug received on or after October 1, 2013, regardless of the date of enactment of this Act. 6. Sunset dates (a) Authorization Section 741 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21 ) shall cease to be effective October 1, 2018. (b) Reporting requirements Section 742 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–22 ) shall cease to be effective January 31, 2019. (c) Previous sunset provision (1) In general Section 204 of the Animal Generic Drug User Fee Act of 2008 ( Public Law 110–316 ) is repealed. (2) Conforming amendment The Animal Generic Drug User Fee Act of 2008 (Public Law 110–316) is amended in the table of contents in section 1, by striking the item relating to section 204.

https://www.govinfo.gov/content/pkg/BILLS-113hr1408ih/xml/BILLS-113hr1408ih.xml

113-hr-1409

I 113th CONGRESS 1st Session H. R. 1409 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Engel introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Export Enhancement Act of 1988 to further enhance the promotion of exports of United States goods and services, and for other purposes. 1. Short title This Act may be cited as the Export Promotion Reform Act . 2. Improved coordination export promotion activities of Federal agencies Section 2312 of the Export Enhancement Act of 1988 (relating to the Trade Promotion Coordinating Committee; 15 U.S.C. 4727) is amended— (1) in subsection (b)— (A) in paragraph (5), by striking and after the semicolon; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: (6) in making the assessments under paragraph (5), review the proposed annual budget of each agency described in paragraph (5), under procedures established by the TPCC for such review, before the agency submits that budget to the Office of Management and Budget and the President for inclusion in the budget of the United States submitted to Congress under section 1105(a) of title 31, United States Code; and ; (2) in subsection (c)— (A) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (B) by inserting after paragraph (2) the following: (3) in conducting the review and developing the plan under paragraph (2), take into account recommendations from a representative number of United States exporters, in particular small businesses and medium-sized businesses, and representatives of United States workers; ; and (3) by adding at the end the following: (g) Implementation The President shall take such steps as are necessary to provide the chairperson of the TPCC with the authority to ensure that the TPCC carries out each of its duties under subsection (b) and develops and implements the strategic plan under subsection (c). (h) Definition In this section, the term small business means a small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632). . 3. Effective deployment of U.S. Commercial Service resources Section 2301(c)(4) of the Export Enhancement Act of 1988 (relating to the United States and Foreign Commercial Service; 15 U.S.C. 4721(c)(4)) is amended— (1) by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; and (2) by striking (4) Foreign offices .—(A) The Secretary may and inserting the following: (4) Foreign offices (A) (i) In consultation with the Trade Promotion Coordinating Committee, the Secretary shall conduct a global assessment of overseas markets to determine those with the greatest potential for increasing United States exports, and to deploy the Commercial Service personnel and other resources on the basis of the global assessment. (ii) The assessment conducted under clause (i) shall take into account recommendations from a representative number of United States exporters, in particular small- and medium-sized businesses, and representatives of United States workers. (iii) Not later than 6 months after the date of enactment of the Export Promotion Reform Act , the Secretary shall submit to Congress results of the global assessment conducted under clause (i) and a plan for deployment of Commercial Service personnel and other resources on the basis of the global assessment. (iv) The Secretary shall conduct an assessment and deployment described in clause (i) not less than once in every 5-year period. (B) The Secretary may . 4. Strengthened U.S. commercial diplomacy in support of U.S. exports (a) Development of plan Section 207(c) of the Foreign Service Act of 1980 ( 22 U.S.C. 3927(c) ) is amended by inserting before the period at the end the following: , including through the development of a plan, drafted in consultation with the Trade Promotion Coordinating Committee, for effective diplomacy to remove or reduce obstacles to exports of United States goods and services . (b) Assessments and promotions Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 4003(b)) is amended, in the second sentence, by inserting after expertise the following: and (with respect to members of the Service with responsibilities relating to economic affairs) of the effectiveness of efforts to promote the export of United States goods and services in accordance with a commercial diplomacy plan developed pursuant to section 207(c), . (c) Inspector General Section 209(b) of the Foreign Service Act of 1980 (22 U.S.C. 3929(b)) is amended— (1) in paragraph (4), by striking and at the end; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following new paragraph: (5) the effectiveness of commercial diplomacy relating to the promotion of exports of United States goods and services; and .

https://www.govinfo.gov/content/pkg/BILLS-113hr1409ih/xml/BILLS-113hr1409ih.xml

113-hr-1410

I 113th CONGRESS 1st Session H. R. 1410 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Franks of Arizona (for himself, Mrs. Kirkpatrick , Mr. Schweikert , Mr. Gosar , Mr. Salmon , and Mr. Kildee ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit gaming activities on certain Indian lands in Arizona until the expiration of certain gaming compacts. 1. Short title This Act may be cited as the Keep the Promise Act of 2013 . 2. Findings The Congress finds as follows: (1) In 2002, the voters in the State of Arizona approved Proposition 202, the Indian Gaming Preservation and Self-Reliance Act. (2) To obtain the support of Arizona voters to approve Proposition 202, the Indian tribes within Arizona agreed to limit the number of casinos within the State and in particular within the Phoenix metropolitan area. (3) This Act preserves the agreement made between the tribes and the Arizona voters until the expiration of the gaming compacts authorized by Proposition 202. 3. Definitions For the purposes of this Act— (1) the terms Indian tribe , class II gaming , and class III gaming have the meanings given those terms in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 ); and (2) the term Phoenix metropolitan area means land within Maricopa County and Pinal County, Arizona, that is north of latitude 33 degrees, 5 minutes, 13 seconds north, east of longitude 113 degrees, 20 minutes, 0 seconds west, and west of longitude 110 degrees, 50 minutes, 45 seconds west, using the NED 1983 State Plane Arizona FOPS 0202 coordinate system. 4. Gaming clarification (a) Prohibition Class II gaming and class III gaming are prohibited on land within the Phoenix metropolitan area acquired by the Secretary of the Interior in trust for the benefit of an Indian tribe after April 9, 2013. (b) Expiration The prohibition in subsection (a) shall expire on January 1, 2027.

https://www.govinfo.gov/content/pkg/BILLS-113hr1410ih/xml/BILLS-113hr1410ih.xml

113-hr-1411

I 113th CONGRESS 1st Session H. R. 1411 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Huffman (for himself and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To include the Point Arena-Stornetta Public Lands in the California Coastal National Monument as a part of the National Landscape Conservation System, and for other purposes. 1. Short title; definitions (a) Short title This Act may be cited as the California Coastal National Monument Expansion Act of 2013 . (b) Definitions In this Act: (1) Map The term map means the map created by the Bureau of Land Management, entitled California Coastal National Monument Addition and dated September 15, 2012. (2) Monument The term Monument means the California Coastal National Monument established by Presidential Proclamation 7264. (3) Point Arena-Stornetta Public Lands The term Point Arena-Stornetta Public Lands means the Federal land comprising approximately 1,255 acres in Mendocino County, California, as generally depicted on the map. (4) Presidential Proclamation 7264 The term Presidential Proclamation 7264 means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821). (5) Secretary The term Secretary means the Secretary of the Interior. 2. Findings; purpose (a) Findings Congress finds that— (1) the Point Arena-Stornetta Public Lands contain significant natural resources, including important wildlife habitat, several riparian corridors, extensive wetlands, ponds and other water sources, cypress groves, meadows, and sand dunes that should be preserved for present and future generations; (2) the ocean and coastal ecosystems adjacent to the Point Arena-Stornetta Public Lands are internationally recognized as significant centers of coastal upwelling that support the diverse, abundant, and productive marine ecosystems and wildlife underlying the local economy and identity of coastal communities; (3) the Point Arena-Stornetta Public Lands tell an important story about the coastal prehistory and history of California in the context of the surrounding region and communities; (4) the coastal area surrounding the Point Arena-Stornetta Public Lands was traditionally used by Indian people, including the Pomo Indian tribes; (5) the Point Arena-Stornetta Public Lands are historically associated with adjacent land managed for the enjoyment of current and future generations, including the Arena Rock Marine Natural Preserve, and Manchester Beach State Park; (6) the Point Arena-Stornetta Public Lands represent a model partnership where future management can be successfully accomplished among the Federal Government, State of California, Mendocino County, local communities, and private groups; (7) permanent protection of the Point Arena-Stornetta Public Lands will provide important economic benefits to surrounding communities, and has broad public support; (8) the Point Arena-Stornetta Public Lands would make a significant addition to the California Coastal National Monument and National Landscape Conservation System administered by the Bureau of Land Management of the Department of the Interior; and (9) statutory protection is necessary to ensure that the Point Arena-Stornetta Public Lands remain a part of the historical, cultural, and natural heritage of the United States and a source of inspiration for the people of the United States. (b) Purpose The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Point Arena-Stornetta Public Lands, while allowing certain recreational and research activities to continue. 3. Expansion of California Coastal National Monument (a) In general The boundary of the Monument established by Presidential Proclamation 7264 is expanded to include the Federal land shown on the map. (b) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and boundary description of land added to the Monument by this Act. (2) Force and effect The map and boundary description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and boundary descriptions. (3) Availability of map and boundary description The map and boundary description filed under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. 4. Administration (a) In general The Secretary shall manage the land added to the Monument by this Act— (1) as a part of the Monument; and (2) in accordance with Presidential Proclamation 7264. (b) Management plan (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall finalize an amendment to the Monument management plan for the long-term protection and management of the land added to the Monument by this Act. (2) Requirements The plan amendment shall— (A) be developed with an opportunity for full public participation; and (B) describe the appropriate uses and management of the land consistent with this Act. (c) Motorized and mechanized transport Except as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the Monument shall be permitted only on roads and trails designated for that use. (d) Incorporation of land and interests (1) Authority The Secretary may acquire non-Federal land or interests in land within or adjacent to the land added to the Monument by this Act only through exchange, donation, or purchase from a willing seller. (2) Management Any land or interests in land within or adjacent to the land added to the Monument by this Act acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Monument. (e) Overflights Nothing in this Act— (1) restricts or precludes overflights, including low-level overflights or military, commercial, and general aviation overflights that can be seen or heard within the land added to the Monument by this Act; (2) restricts or precludes the designation or creation of new units of special use airspace or the establishment of military flight training routes over the land added to the Monument by this Act; or (3) modifies regulations governing low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary. (f) Law enforcement Nothing in this Act effects the law enforcement authorities of the Department of Homeland Security. (g) Native American uses Nothing in this Act enlarges, diminishes, or modifies the rights of any Indian tribe or Indian religious community. (h) Buffer zones (1) In general The expansion of the Monument is not intended to lead to the establishment of protective perimeters or buffer zones around the land included in the Monument by this Act. (2) Activities outside the Monument The fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument. (i) Grazing Nothing in this Act affects the grazing of livestock within the Point Arena-Stornetta Public Lands. (j) National landscape conservation system The Secretary shall manage the Monument as part of the National Landscape Conservation System.

https://www.govinfo.gov/content/pkg/BILLS-113hr1411ih/xml/BILLS-113hr1411ih.xml

113-hr-1412

I 113th CONGRESS 1st Session H. R. 1412 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Coffman introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To improve and increase the availability of on-job training and apprenticeship programs carried out by the Secretary of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Improving Job Opportunities for Veterans Act of 2013 . 2. Public relations campaign The Secretary of Veterans Affairs shall carry out a public relations campaign, including exercising the authority under section 532 of title 38, United States Code, to advertise in national media outlets, to promote Department of Veterans Affairs on-job training and apprenticeship programs available to veterans as highly efficient and cost-effective ways of obtaining jobs. 3. Authority to increase availability of private sector on-job training programs During the three-year period beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out section 3677(b)(1)(A) of title 38, United States Code, by substituting 75 per centum for 85 per centum . 4. On-job training at Federal departments and agencies Beginning on the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into agreements with the heads of other Federal departments and agencies to operate programs of training on the job under section 3677 of title 38, United States Code, to train eligible veterans or persons to perform skills necessary for employment by the department or agency operating the program. 5. Extension of reduced pension for certain veterans covered by medicaid plans for services furnished by nursing facilities Section 5503(d)(7) of title 38, United States Code, is amended by striking November 30, 2016 and inserting January 31, 2017 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1412ih/xml/BILLS-113hr1412ih.xml

113-hr-1413

I 113th CONGRESS 1st Session H. R. 1413 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Ruiz introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize appropriations for the SelectUSA Initiative, and for other purposes. 1. Short title This Act may be cited as the SelectUSA Authorization Act of 2013 . 2. SelectUSA Initiative defined In this Act, the term SelectUSA Initiative means the SelectUSA Initiative established by Executive Order 13577 of June 15, 2011. 3. Authorization of appropriations for the SelectUSA initiative There is authorized to be appropriated for the SelectUSA Initiative $17,000,000 for each of fiscal years 2014 through 2018. 4. Reports and notifications to Congress The Secretary of Commerce shall, not later than December 31 of 2014, 2015, 2016, 2017, and 2018, submit to Congress a report on the activities of the SelectUSA Initiative during the preceding fiscal year. Each such report shall include the following: (1) The grantees and projects to which assistance was provided under the SelectUSA Initiative during the preceding fiscal year, and the amount and type of assistance provided to each such grantee and project. (2) The number of foreign firms that relocated to the United States during the preceding fiscal year as a result of the activities of the SelectUSA Initiative. (3) Any findings that are made by the SelectUSA Initiative in conducting its activities and are relevant to promoting the United States as a destination for the location of manufacturing.

https://www.govinfo.gov/content/pkg/BILLS-113hr1413ih/xml/BILLS-113hr1413ih.xml

113-hr-1414

I 113th CONGRESS 1st Session H. R. 1414 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Ms. Pingree of Maine (for herself, Mr. Blumenauer , Mr. Cicilline , Mr. Courtney , Ms. Matsui , Mr. McGovern , Mr. Moran , Mr. Holt , Ms. Schakowsky , Mr. Thompson of California , Mr. Walz , Mr. Welch , Ms. Kaptur , Mr. Lewis , Ms. Speier , Ms. Moore , Ms. Fudge , Mr. McIntyre , Mrs. Negrete McLeod , Mr. DeFazio , Mr. Langevin , Ms. Kuster , Mr. Michaud , Ms. Lee of California , Mr. Huffman , Mr. Enyart , and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote local and regional farm and food systems, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Local Farms, Food, and Jobs Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Nutrition Sec. 101. Retailers. Sec. 102. Demonstration projects on acceptance of benefits of mobile transactions. Sec. 103. Use of benefits for purchase of community-supported agriculture share. Sec. 104. Additional authority for purchase of fresh fruits, vegetables, and other specialty food crops. Sec. 105. Encouraging locally and regionally grown and raised food. Sec. 106. Assistance for community food projects. Sec. 107. Senior farmers' market nutrition program. Sec. 108. Hunger-free communities. Sec. 109. Food and Nutrition Agriculture Service Learning Program. Title II—Credit Sec. 201. Loans to local and regional food producers. Sec. 202. Clarification of the mission of the farm credit system to recognize the economic benefits of supporting young, beginning, and small farmers and ranchers, and contributions of local and regional farm and food systems. Sec. 203. Young, beginning, and small farmers and ranchers and locally or regionally produced agricultural products. Title III—Rural Development Sec. 301. Availability of rural business opportunity grants for local and regional food systems. Sec. 302. Clarification on allowed partnerships for certain community facilities grants and loans. Sec. 303. Availability of rural business enterprise grants for value-added processing, aggregation, distribution, storage, and marketing in connection with production agriculture. Sec. 304. Making improvements to business and industry direct and guaranteed loans to benefit producers of local or regionally produced agricultural food products. Sec. 305. Value-added agricultural product market development grants. Title IV—Research, Education, and Related Matters Sec. 401. Agriculture and food research initiative. Sec. 402. Local and regional food system enterprise facilitation. Sec. 403. Conventional breeding initiative. Sec. 404. National genetics resources program. Title V—Horticulture Sec. 501. Farmers market and local food promotion program. Sec. 502. Specialty crop block grants. Sec. 503. Study on local food production and program evaluation. Title VI—Crop Insurance Sec. 601. Research and development authority. Sec. 602. Whole farm risk management insurance. Sec. 603. Approval of costs for research and development. Sec. 604. Crop insurance for organic crops. Sec. 605. Nationwide expansion of agricultural management assistance program and inclusion of organic certification cost share assistance. Title VII—Miscellaneous Sec. 701. Technical assistance. Sec. 702. Guidance. Sec. 703. Labels and public information on label content. Sec. 704. Meat and poultry processing report. I Nutrition 101. Retailers (a) Definition of retail food store Section 3(p) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(p)) is amended— (1) in paragraph (1)(A) by striking at least 2 and inserting at least 3 ; and (2) in paragraph (4) by inserting or agricultural producers who market agricultural products directly to consumers after venture . (b) Alternative benefit delivery Section 7(f) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(f) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) Imposition of costs (A) In general Except as provided in subparagraph (B), the Secretary shall require participating retailers (including restaurants participating in a State option restaurant program intended to serve the elderly, disabled, and homeless) to pay 100 percent of the costs of acquiring, and arrange for the implementation of, electronic benefit transfer point-of-sale equipment and supplies. (B) Exemptions The Secretary may exempt from subparagraph (A)— (i) farmers’ markets and other direct farmer-to-consumer marketing outlets, military commissaries, nonprofit food buying cooperatives, and establishments, organizations, programs, or group living arrangements described in paragraphs (5), (7), and (8) of section 3(k); and (ii) establishments described in paragraphs (3), (4), and (9) of section 3(k), other than restaurants participating in a State option restaurant program. ; and (2) by adding at the end the following: (4) Termination of manual vouchers (A) In general Effective beginning on the effective date of this paragraph, except as provided in subparagraph (B), no State shall issue manual vouchers to a household that receives supplemental nutrition assistance under this Act or allow retailers to accept manual vouchers as payment, unless the Secretary determines that the manual vouchers are necessary, such as in the event of an electronic benefit transfer system failure or a disaster situation. (B) Exemptions The Secretary may exempt categories of retailers or individual retailers from subparagraph (A) based on criteria established by the Secretary. (5) Unique identification number required In an effort to enhance the antifraud protections of the program, the Secretary shall require all parties providing electronic benefit transfer services to provide for and maintain a unique terminal identification number information through the supplemental nutrition assistance program electronic benefit transfer transaction routing system. In developing the regulations implementing this paragraph, the Secretary shall consider existing commercial practices for other point-of-sale debit transactions. The Secretary shall issue proposed regulations implementing this paragraph not earlier than 2 years after the date of enactment of this paragraph. . (c) Electronic benefit transfers Section 7(h)(3)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(3)(B)) is amended by striking is operational— and all that follows through (ii) in the case of other participating stores, and inserting is operational . (d) Approval of retail food stores and wholesale food concerns Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 ) is amended— (1) in the second sentence of subsection (a)(1) by striking ; and (C) and inserting ; (C) whether the applicant is located in an area with significantly limited access to food; and (D) ; (2) in subsection (b) by adding at the end the following: (3) Retail food stores with significant sales of excluded items (A) In general No retail food store for which at least 45 percent of the total sales of the retail food store is from the sale of excluded items described in section 3(k)(1) may be authorized to accept and redeem benefits unless the Secretary determines that the participation of the retail food store is required for the effective and efficient operation of the supplemental nutrition assistance program. (B) Application Subparagraph (A) shall be effective— (i) in the case of retail food stores applying to be authorized for the first time, beginning on the date that is 1 year after the effective date of this paragraph; and (ii) in the case of retail food stores participating in the program on the effective date of this paragraph, during periodic reauthorization in accordance with subsection (a)(2)(A). ; and (3) by adding at the end the following: (g) EBT service requirement An approved retail food store shall provide adequate EBT service as described in section 7(h)(3)(B). . 102. Demonstration projects on acceptance of benefits of mobile transactions Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended by adding at the end the following: (14) Demonstration projects on acceptance of benefits of mobile transactions (A) In general The Secretary shall pilot the use of mobile technologies determined by the Secretary to be appropriate to test the feasibility and implications for program integrity, by allowing retail food stores, farmers markets, and other direct producer-to-consumer marketing outlets to accept benefits from recipients of supplemental nutrition assistance through mobile transactions. (B) Demonstration projects To be eligible to participate in a demonstration project under subsection (a), a retail food store, farmers market, or other direct producer-to-consumer marketing outlet shall submit to the Secretary for approval a plan that includes— (i) a description of the technology; (ii) the manner by which the retail food store, farmers market or other direct producer-to-consumer marketing outlet will provide proof of the transaction to households; (iii) the provision of data to the Secretary, consistent with requirements established by the Secretary, in a manner that allows the Secretary to evaluate the impact of the demonstration on participant access, ease of use, and program integrity; and (iv) such other criteria as the Secretary may require. (C) Date of completion The demonstration projects under this paragraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2016. (D) Report to Congress The Secretary shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes a finding, based on the data provided under subparagraph (C) whether or not implementation in all States is in the best interest of the supplemental nutrition assistance program. . 103. Use of benefits for purchase of community-supported agriculture share Section 10 of the Food and Nutrition Act of 2008 (7 U.S.C. 2019) is amended in the first sentence by inserting agricultural producers who market agricultural products directly to consumers shall be authorized to redeem benefits for the initial cost of the purchase of a community-supported agriculture share for an appropriate time in advance of food delivery as determined by the Secretary, after food so purchased, . 104. Additional authority for purchase of fresh fruits, vegetables, and other specialty food crops Section 10603 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 612c–4 ) is amended— (1) in subsection (b), by striking 2012 and inserting 2018 ; (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following new subsections: (c) Local preference in memorandum of agreement To the maximum extent practicable, a memorandum of agreement between the Secretary of Agriculture and the Secretary of Defense related to the purchase of fresh fruits and vegetables under this section shall require that fruits and vegetables purchased under the agreement be locally grown (as determined by the Secretary). (d) Pilot grant program for purchase of fresh fruits and vegetables (1) In general Using amounts made available to carry out subsection (b), the Secretary of Agriculture shall conduct a pilot program under which the Secretary will give not more than five participating States the option of receiving a grant in an amount equal to the value of the commodities that the participating State would otherwise receive under this section for each of fiscal years 2014 through 2018. (2) Use of grant funds A participating State receiving a grant under this subsection may use the grant funds solely to purchase fresh fruits and vegetables for distribution to schools and service institutions in the State that participate in the food service programs under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). To the maximum extent practicable, the fruits and vegetables shall be locally grown, as determined by the State. (3) Selection of participating States The Secretary shall select participating States from applications submitted by the States. (4) Reporting requirements (A) School and service institution requirement Schools and service institutions in a participating State shall keep records of purchases of fresh fruits and vegetables made using the grant funds and report such records to the State. (B) State requirement Each participating State shall submit to the Secretary a report on the success of the pilot program in the State, including information on— (i) the amount and value of each type of fresh fruit and vegetable purchased by the State; and (ii) the benefit provided by such purchases in conducting the school food service in the State, including meeting school meal requirements. . 105. Encouraging locally and regionally grown and raised food (a) Commodity Purchase Streamlining The Secretary of Agriculture (in this section referred to as the Secretary ) may permit each school food authority with a low annual commodity entitlement value, as determined by the Secretary, to elect to substitute locally and regionally grown and raised food for the authority’s allotment, in whole or in part, of commodity assistance under section 6(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1755(b) ) for the school lunch program under such Act, if— (1) the election is requested by the school food authority; (2) the Secretary determines that the election will reduce State and Federal administrative costs, such as costs related to transportation, technology, and overhead; and (3) the election will provide the school food authority with greater flexibility to purchase locally and regionally grown and raised foods. (b) Farm-to-School demonstration projects (1) In general The Secretary of Agriculture may establish and carry out farm-to-school demonstration programs under which school food authorities, agricultural producers producing for local and regional markets, and other farm to school stakeholders will collaborate with the Agriculture Marketing Service to source food for the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) from local farmers and ranchers in lieu of the commodity assistance provided under section 6(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1755(b) ) to such school food authorities for the school lunch program. (2) Requirements (A) In general A demonstration program carried out under this subsection shall— (i) facilitate and increase the purchase of unprocessed and minimally processed locally and regionally grown and raised agricultural products to be served under the school lunch program; (ii) test methods to improve procurement, transportation, and meal preparation processes; (iii) assess whether administrative costs can be saved through increased school authority flexibility to source locally and regionally produced foods; and (iv) undertake rigorous evaluation and share information about results, including cost savings, with the Department of Agriculture, other school food authorities, agricultural producers producing for the local and regional market, and the general public. (B) Plans The Secretary shall require demonstration program participants to provide to the Secretary detailed plans with respect to how the participants will meet the requirements of this subsection. (3) Length The Secretary shall conduct each demonstration program under this subsection for not less than 3 school years and not more than 5 years, except in the case of a demonstration program that requires additional time to meet the requirements under paragraph (2)(A), as determined by the Secretary. (4) Coordination The Secretary shall coordinate among relevant agencies of the Department of Agriculture and non-governmental organizations with appropriate expertise to facilitate the provision of training and technical assistance necessary to the successful implementation of demonstration programs under this subsection. (5) Number The Secretary shall carry out at least 10 demonstration programs under this subsection. (6) Diversity and balance In carrying out demonstration programs under this subsection, the Secretary shall, to the maximum extent practicable, ensure— (A) geographical diversity; (B) that at least half of the demonstration programs are completed in collaboration with school food authorities with small annual commodity entitlements, as determined by the Secretary; (C) that at least half of the demonstration programs are completed in rural or tribal communities; and (D) equitable treatment of school food authorities with a high percentage of students eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (7) Data analysis With respect to each demonstration program carried out under this subsection, the Secretary shall ensure that participants of the demonstration program collect data on how the program met the requirements of paragraph (2)(A) in a manner that will enable the aggregation and analysis of such data. (8) Report to Congress Not later than January 1, 2018, the Secretary shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and a report on the demonstration programs carried out under this subsection, including— (A) an analysis of the data collected under paragraph (7); (B) a summary of the efforts of the Department of Agriculture to increase the availability and use of locally and regionally grown foods by school food authorities through the commodity assistance provided to such authorities under section under section 6(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1755(b) ); and (C) a determination of whether a demonstration program carried out under this section or any aspect of such a program should become an option for school food authorities based on outcomes, such as children’s nutritional health status, economic benefits to participating agricultural producers and the local economy, school meal participation rates, and an all-inclusive comparison of administrative cost of the commodity assistance described in subparagraph (B) and such demonstration program. 106. Assistance for community food projects Section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034) is amended— (1) in subsection (b)(2)(B)— (A) by striking $5,000,000 and inserting $10,000,000 ; and (B) by striking 2008 and inserting 2014 ; and (2) in subsection (f)(2), by striking 3 and inserting 5 . 107. Senior farmers' market nutrition program Section 4402 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007 ) is amended— (1) in subsection (a)— (A) by striking $20,600,000 and inserting $25,000,000 ; (B) by striking 2008 and inserting 2014 ; and (C) by striking 2012 and inserting 2018 ; and (2) in subsection (b)(1), by inserting maple syrup, after honey, . 108. Hunger-free communities Section 4405 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7517 ) is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) Eligible entity (A) Collaborative grants In subsection (b), the term eligible entity means a public food program service provider or nonprofit organization, including an emergency feeding organization, that has collaborated or will collaborate with 1 or more local partner organizations to achieve at least 1 hunger-free communities goal. (B) Incentive grants In subsection (c), the term eligible entity means a nonprofit organization (including an emergency feeding organization), an agricultural cooperative, producer network or association, community health organization, public benefit corporation, economic development corporation, farmers’ market, community-supported agriculture program, buying club, supplemental nutrition assistance program retail food store, a State, local, or tribal agency, and any other entity the Secretary designates. ; and (B) by adding at the end the following: (4) Supplemental nutrition assistance program The term supplemental nutrition assistance program means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). (5) Underserved community The term underserved community has the meaning given the term in section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034). ; (2) in subsection (b)(1)(A), by striking not more than 50 percent of any funds made available under subsection (e) and inserting funds made available under subsection (d)(1) ; and (3) by striking subsections (c), (d), and (e) and inserting the following: (c) Hunger-Free communities incentive grants (1) Authorization (A) In general In each of the years specified in subsection (d), the Secretary shall make grants to eligible entities in accordance with paragraph (2). (B) Federal share The Federal share of the cost of carrying out an activity under this subsection shall not exceed 50 percent of the total cost of the activity. (C) Non-Federal share (i) In general The non-Federal share of the cost of an activity under this subsection may be provided— (I) in cash or in-kind contributions as determined by the Secretary, including facilities, equipment, or services; and (II) by a State or local government or a private source. (ii) Limitation In the case of a for-profit entity, the non-Federal share described in clause (i) shall not include services of an employee, including salaries paid or expenses covered by the employer. (2) Criteria (A) In general For purposes of this subsection, an eligible entity is a governmental agency or nonprofit organization that— (i) meets the application criteria set forth by the Secretary; and (ii) proposes a project that, at a minimum— (I) has the support of the State agency; (II) would increase the purchase of fruits and vegetables by low-income consumers participating in the supplemental nutrition assistance program by providing incentives at the point of purchase; (III) agrees to participate in the evaluation described in paragraph (4); (IV) ensures that the same terms and conditions apply to purchases made by individuals with benefits issued under this Act and incentives provided for in this subsection as apply to purchases made by individuals who are not members of households receiving benefits, such as provided for in section 278.2(b) of title 7, Code of Federal Regulations (or a successor regulation); and (V) includes effective and efficient technologies for benefit redemption systems that may be replicated in other for States and communities. (B) Priority In awarding grants under this section, the Secretary shall give priority to projects that— (i) maximize the share of funds used for direct incentives to participants; (ii) use direct-to-consumer sales marketing; (iii) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers; (iv) provide locally or regionally produced fruits and vegetables; (v) are located in underserved communities; or (vi) address other criteria as established by the Secretary. (3) Applicability (A) In general The value of any benefit provided to a participant in any activity funded under this subsection shall not be considered income or resources for any purpose under any Federal, State, or local law. (B) Prohibition on collection of sales taxes Each State shall ensure that no State or local tax is collected on a purchase of food under this subsection. (C) No limitation on benefits A grant made available under this subsection shall not be used to carry out any project that limits the use of benefits under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) or any other Federal nutrition law. (D) Household allotment Assistance provided under this subsection to households receiving benefits under the supplemental nutrition assistance program shall not— (i) be considered part of the supplemental nutrition assistance program benefits of the household; or (ii) be used in the collection or disposition of claims under section 13 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2022 ). (4) Evaluation (A) Independent evaluation The Secretary shall provide for an independent evaluation of projects selected under this subsection that measures the impact of each project on— (i) improving the nutrition and health status of participating households receiving incentives under this subsection; and (ii) increasing fruit and vegetable purchases in participating households. (B) Requirement The independent evaluation under subparagraph (A) shall use rigorous methodologies capable of producing scientifically valid information regarding the effectiveness of a project. (C) Costs The Secretary may use funds not to exceed 10 percent of the funding provided to carry out this section to pay costs associated with administering, monitoring, and evaluating each project. (d) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out subsection (b) $5,000,000 for each of fiscal years 2014 through 2018. (2) Mandatory Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out subsection (c)— (A) $15,000,000 for fiscal year 2014; (B) $20,000,000 for each of fiscal years 2015 through 2017; and (C) $25,000,000 for fiscal year 2018. . 109. Food and Nutrition Agriculture Service Learning Program (a) In general Subtitle D of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6951 ) is amended by adding at the end the following: 242. Food and Agriculture Service Learning Program (a) Establishment The Secretary shall establish a Food and Agriculture Service Learning Program (in this section referred to as the Program ) to increase knowledge of agriculture and improve the nutritional health of children. (b) Purposes The purposes of the Program are— (1) to increase capacity for food, garden, and nutrition education within host organizations or entities, school cafeterias, and in the classroom; (2) to complement and build upon the efforts of the farm to school programs implemented under section 18(g) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769(g) ); (3) to support the implementation of the regulations to update meal patterns and nutrition standards promulgated under section 4(b)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(3)); (4) to carry out activities that advance the nutritional health of children and nutrition education in elementary schools and secondary schools; (5) to build on activities carried out by the Food and Nutrition Service and the Corporation for National and Community Service by providing funds to establish new approved national service positions for a national service program; and (6) to further expand the impact of the efforts described in paragraphs (1) through (5) through coordination with the National Institute of Food and Agriculture. (c) Eligibility To carry out the Program, the Secretary may make awards to an organization or other entity that, as determined by the Secretary— (1) has a proven track record in carrying out the activities described in subsection (b); (2) is carrying out or otherwise supporting a national service program that receives assistance from the Corporation for National and Community Service under subtitle C of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12571 et seq. ); (3) works in underserved rural and urban communities; (4) teaches and engages children in experiential learning about agriculture, gardening, nutrition, cooking, and where food comes from; and (5) facilitates a connection between elementary schools and secondary schools and agricultural producers in the local and regional area. (d) Accountability (1) In general The Secretary may require an organization or other entity receiving an award under subsection (c), or another qualified entity, to collect and report any data on the activities carried out by the Program as the Secretary determines necessary. (2) Evaluation The Secretary shall— (A) conduct regular evaluation of the activities carried out by the Program; and (B) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes a description of the results of an evaluation conducted under subparagraph (A). (e) Funding (1) In general Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $25,000,000, to remain available until expended. (2) Use of certain funds Of the funds made available to carry out this section for a fiscal year, 20 percent shall be made available to the National Institute of Food and Agriculture to offset costs associated with hosting, training, and overseeing individuals in approved national service positions for the Program. (3) Maintenance of effort Funds made available under paragraph (1) shall be used only to supplement, not to supplant, the amount of Federal funding otherwise expended for nutrition, research, and extension programs of the Department. (f) Definitions For purposes of this section: (1) Approved national service position The term approved national service position has the meaning given the term in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511)). (2) ESEA terms The terms elementary school and secondary school have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). . (b) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended— (1) in paragraph (6)(C), by striking or at the end; (2) in paragraph (7), by striking the period at the end and inserting or ; and (3) by adding at the end the following: (8) the authority of the Secretary to carry out activities described in section 242. . II Credit 201. Loans to local and regional food producers Subtitle D of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1981 et seq. ) is amended by inserting after section 333C the following new section: 333D. Loans to local and regional food producers (a) In general The Secretary shall make and guarantee loans under this title to eligible producers for the production of locally or regionally produced agricultural food products (as defined in section 310B(g)(9)), including qualified producers engaged in direct-to-consumer marketing, direct-to-institution marketing, or direct-to-store marketing, businesses or activities that produce a value-added agricultural product (as defined in section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(a)), mid-tier value chains (as defined in such section 231(a)), and other local and regional market outlets. (b) Training The Secretary shall ensure that loan officers processing loans under this section receive appropriate training to serve borrowers and potential borrowers engaged in local and regional food production. (c) Valuation (1) In general The Secretary shall develop ways to determine unit prices (or other appropriate forms of valuation) for crops and other agricultural products, the end use of which is intended to be in locally or regionally produced agricultural food products, to facilitate lending to local and regional food producers. (2) Price history The Secretary shall implement a mechanism for local and regional food producers to establish price history for the crops and other agricultural products produced by such producers. (d) Outreach The Secretary shall develop and implement an outreach strategy to engage and provide loan services to local and regional food producers. . 202. Clarification of the mission of the farm credit system to recognize the economic benefits of supporting young, beginning, and small farmers and ranchers, and contributions of local and regional farm and food systems Section 1.1 of the Farm Credit Act of 1971 ( 12 U.S.C. 2001 ) is amended by adding at the end the following: (d) Recognizing that the vitality of United States agriculture and rural communities depends on the continued entry of young, beginning, and small farmers and ranchers into agriculture, many of whom will operate farms with local and regional food product distribution, it is declared to be the policy of the Congress and an objective of this Act that the Farm Credit System should endeavor to serve the credit and related needs of these individuals and the businesses on which they rely and that are necessary to the growth and vitality of local and regional farm and food systems. . 203. Young, beginning, and small farmers and ranchers and locally or regionally produced agricultural products (a) Credit for young, beginning, and small farmers Section 4.19(a) of the Farm Credit Act of 1971 ( 12 U.S.C. 2207(a) ) is amended— (1) in the first sentence by inserting and for the production of locally or regionally produced agricultural food products (as defined in section 310B(g)(10)(A) of the Consolidated Farm and Rural Development Act) before the period; and (2) by inserting after the second sentence the following: Each such program shall include initiatives and may include grants to support current and future borrowers by helping to organize, build, expand, or improve infrastructure and markets for locally or regionally produced agricultural food products (as so defined). . (b) Section 4.19 of such Act (12 U.S.C. 2207(b)) is amended by adding at the end the following: (c) The Farm Credit Administration shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report that contains a summary and analysis of the operations and achievements of the Farm Credit System as a whole in meeting the objectives of this section. The Farm Credit Administration shall notify the Congress whenever a program is out of compliance with this section, and indicate in the notice the steps the Farm Credit Administration is taking in response. . III Rural Development 301. Availability of rural business opportunity grants for local and regional food systems Section 306(a)(11) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(11) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by inserting domestic and before export ; (B) in clause (iv), by striking and at the end; (C) in clause (v)— (i) by inserting domestic and before international ; and (ii) by striking the period and inserting ; and ; and (D) by adding at the end the following: (vi) to develop enterprises and business ventures that build sustainable local and regional food systems, including through processing, aggregation, distribution, storage, or marketing businesses in connection with production agriculture. ; and (2) in subparagraph (D), by striking 2008 through 2012 and inserting 2014 through 2018 . 302. Clarification on allowed partnerships for certain community facilities grants and loans (a) Community facilities grant program Section 306(a)(19) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(19) ) is amended by adding at the end the following new subparagraph: (D) Partnerships allowed An association, unit of general local government, nonprofit corporation, or Indian tribe that receives a grant under this paragraph may partner with philanthropic or for-profit entities in developing specific essential community facilities in rural areas. . (b) Loan guarantees for water, wastewater, and essential community facilities loans Section 306(a)(24) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a)(24) ) is amended by adding at the end the following new subparagraph: (C) Partnerships allowed The recipient of a loan guarantee under this paragraph may partner with philanthropic or for-profit entities in servicing, or providing additional credit with respect to, a loan described in subparagraph (A). . 303. Availability of rural business enterprise grants for value-added processing, aggregation, distribution, storage, and marketing in connection with production agriculture Section 310B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932 ) is amended— (1) in subsection (a)(2)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period and inserting ; and ; and (C) by adding at the end the following: (E) value-added processing, aggregation, distribution, storage, or marketing in connection with production agriculture. ; and (2) in subsection (c)(1)(B)(ii), by inserting , aggregation, distribution, storage, or marketing after processing . 304. Making improvements to business and industry direct and guaranteed loans to benefit producers of local or regionally produced agricultural food products Section 310B(g) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g) ) is amended— (1) in paragraph (6)(A)— (A) in clause (i), by striking value-added processing and all that follows through the semicolon and inserting value-added processing, distribution, aggregation, storage, or marketing of agricultural food products that create new opportunities for agricultural producers; ; and (B) in clause (iii), by striking subsection (a)(2)(A) and inserting this subsection ; and (2) in paragraph (9)(B)— (A) in clause (i), by inserting in rural or non-rural areas after entities ; (B) by striking clauses (ii) and (iii) and inserting the following new clauses: (ii) Priority In making or guaranteeing a loan under clause (i), the Secretary shall give priority to projects that will— (I) result in increased access to locally or regionally grown food in underserved communities; (II) create new market opportunities for local or regional agricultural producers; or (III) support strategic economic and community development regional economic development plans on a multijurisdictional basis. (iii) Guarantee fee In guaranteeing a loan under clause (i), the Secretary may waive, reduce, or incorporate into the amount of the guarantee made under such clause, the fee that would otherwise be imposed under paragraph (5) with respect to such guarantee. ; (C) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (D) by inserting after clause (iii) the following new clause: (iv) Outreach The Secretary shall develop and implement an outreach plan to publicize the availability of loans and loan guarantees under this paragraph, working closely with rural cooperative development centers, credit unions, community development financial institutions, regional economic development authorities, and other financial and economic development entities. ; (E) in clause (v) (as redesignated by subparagraph (C))— (i) in the matter preceding subclause (I), by inserting , and publish on the internet, after Senate ; (ii) by redesignating subclauses (I) and (II) as subclauses (II) and (III), respectively; (iii) by inserting before subclause (II), the following new subclause: (I) summary information on each such project; ; and (iv) in subclause (II) (as redesignated by clause (ii)), by inserting and agricultural producers after communities ; and (F) in clause (vi)(I) (as so redesignated), by striking 2012 and inserting 2018 . 305. Value-added agricultural product market development grants (a) Definitions Section 231(a) of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a(a)(3) ) is amended— (1) in paragraph (3)— (A) in the matter preceding subparagraph (A), by inserting (including networks that operate through food distribution centers that coordinate agricultural production and the aggregation, storage, processing, distribution, and marketing of locally or regionally produced agricultural products) after products ; and (B) in subparagraph (A), by striking a family farm and inserting family farms ; and (2) in paragraph (5)(A)(v), by inserting or as part of a mid-tier value chain before the semicolon. (b) Grant program Section 231(b) of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a(b) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking paragraph (7) and inserting paragraph (8) ; and (ii) by inserting , using a peer review process, before shall ; and (B) in subparagraph (A)(i), by inserting or conducting a feasibility study after business plan ; (2) by striking paragraph (6) and inserting the following new paragraph: (6) Priority In awarding grants under this subsection, the Secretary shall— (A) in the case of grants awarded under paragraph (1)(A), give priority to— (i) operators of small- and medium-sized farms and ranches that are structured as family farms; or (ii) beginning farmers and ranchers or socially disadvantaged farmers and ranchers; and (B) in the case of grants awarded under paragraph (1)(B), give priority to projects that, as determined through peer review, best contribute to— (i) increasing opportunities for operators of small- and medium-sized farms and ranches that are structured as family farms; or (ii) creating opportunities for beginning farmers and ranchers or socially disadvantaged farmers and ranchers. ; (3) by redesignating paragraph (7) as paragraph (8); (4) by inserting after paragraph (6) the following new paragraph: (7) Outreach and technical assistance The Secretary shall develop and implement an outreach and technical assistance strategy to assist recipients of a grant under this subsection reach and serve underserved States and communities (as determined by the Secretary). ; and (5) in paragraph (8) (as redesignated by paragraph (3))— (A) by striking subparagraph (A) and inserting the following new subparagraph: (A) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this subsection— (i) $15,000,000 for the period of fiscal years 2008 through 2013, to remain available until expended; and (ii) $20,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. ; (B) in subparagraph (B), by striking 2012 and inserting 2018 ; and (C) by striking subparagraph (C) and inserting the following new subparagraph: (C) Priority Funding (i) In general The Secretary shall, to the maximum extent practicable, reserve not less than two-thirds of the amounts made available for each fiscal year under this paragraph to fund grants with respect to which priority is given under paragraph (6). (ii) Reservation of funds for projects to benefit beginning farmers or ranchers, socially disadvantaged farmers or ranchers, and mid-tier value chains (I) In general The Secretary shall reserve 10 percent of the amounts made available for each fiscal year under this paragraph to fund projects that benefit beginning farmers or ranchers or socially disadvantaged farmers or ranchers. (II) Mid-tier value chains The Secretary shall reserve 10 percent of the amounts made available for each fiscal year under this paragraph to fund applications of eligible entities described in paragraph (1) that propose to develop mid-tier value chains. (III) Unobligated amounts Any amounts in the reserves for a fiscal year established under subclauses (I) and (II) that are not obligated by the date on which the Secretary completes the review process for applications submitted under this section in the fiscal year shall be available to the Secretary to make grants under this subsection to eligible entities in any State, as determined by the Secretary. . IV Research, Education, and Related Matters 401. Agriculture and food research initiative Subsection (b) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b) ) is amended— (1) in paragraph (1), by striking food and agricultural sciences and all that follows through the period at the end and inserting the following: food and agricultural sciences (as defined under section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103))— (A) in the case of a grant made under paragraph (6), to an entity described in subparagraphs (A), (B), (C), or (D) of such paragraph; and (B) in the case of any other grant made under this subsection, to any eligible entity described in paragraph (7), including a grant made for— (i) fundamental research (as defined in section 251(f)(1) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(f)(1) )); (ii) applied research (as defined in such section 251(f)(1)); (iii) integrated research conducted pursuant to section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7626 ); or (iv) integrated research so conducted that is applied or fundamental research. ; (2) in paragraph (2)— (A) in subparagraph (A)(iii), by striking conventional breeding, including cultivar and breed development, and inserting public cultivar development through conventional breeding with no requirement or preference for the use of marker-assisted or genomic selection methods, including ; (B) in subparagraph (B)(iv), by striking conventional breeding, including breed development, and inserting public breed development through conventional breeding with no requirement or preference for the use of marker-assisted or genomic selection methods, including ; and (C) in subparagraph (F)— (i) in clause (v), by striking and at the end; (ii) in clause (vi), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new clause: (vii) new approaches to advance systems that enhance the markets for, and policy related to, locally or regionally produced agricultural food products, as defined in section 310B(g)(9)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(9)(A)). ; (3) in paragraph (4)(A), by inserting , including by conducting each fiscal year at least 1 separate request for applications for grants for research on public cultivar development through conventional breeding as described in paragraph (2) before the semicolon at the end; (4) by redesignating paragraph (11) as paragraph (12); (5) by inserting after paragraph (10) the following new paragraph: (11) Definitions In this subsection: (A) Conventional breeding The term conventional breeding means the development of new varieties of an organism through controlled mating and selection without the use of transgenic methods. (B) Public breed The term public breed means a breed that is the commercially available uniform end product of a publicly funded breeding program that— (i) has been sufficiently tested to demonstrate improved characteristics and stable performance; and (ii) remains in the public domain for research purposes. (C) Public cultivar The term public cultivar means a cultivar that is the commercially available uniform end product of a publicly funded breeding program that— (i) has been sufficiently tested to demonstrate improved characteristics and stable performance; and (ii) remains in the public domain for research purposes. ; and (6) in paragraph (12)(A) (as redesignated by paragraph (4)), in the matter preceding clause (i), by striking 2012 and inserting 2018 . 402. Local and regional food system enterprise facilitation Section 502 of the Rural Development Act of 1972 ( 7 U.S.C. 2662 ) is amended by inserting after subsection (e) the following new subsection: (f) Local and regional farm and food system enterprise facilitation (1) In general The Secretary shall establish a local and regional farm and food system enterprise facilitation initiative to increase training and technical assistance for purposes of building sustainable local and regional food systems, the activities of which may include— (A) providing practical, reliable, and timely information to entrepreneurs and entrepreneurial development organizations concerning business management, business planning, microenterprise, marketing, and entrepreneurial education and training related to the development of local and regional farm and food system enterprises; (B) providing training and technical assistance to newly operational and growing local and regional farm and food system businesses; (C) establishing networks of entrepreneurial support through partnerships among entrepreneurs, local business communities, all levels of government, nonprofit organizations, colleges and universities, and other sectors; and (D) providing technical assistance for the preparation of grant and loan applications submitted for purposes of carrying out an activity referred to in subparagraphs (A), (B), or (C). (2) Enterprise facilitators (A) In general In carrying out the initiative established under paragraph (1), the Secretary shall establish in the National Institute of Food and Agriculture the position of enterprise facilitator (referred to in this subsection as an enterprise facilitator ) to perform the duties specified in subparagraph (C). (B) Priority In allocating funds made available to carry out this subsection, the Secretary shall give priority to enterprise facilitators located in areas that— (i) have high participation rates for the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); and (ii) are rural areas (as defined in section 343(13) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(13) )). (C) Duties An enterprise facilitator shall, to the maximum extent practicable— (i) identify and organize local and regional food producers and entrepreneurs into entities that are able to deliver local and regional food into local markets; (ii) develop partnerships with local and regional organizations and institutions to train entrepreneurs and facilitate new enterprises, including partnerships eligible for or that have received a grant under paragraph (3); (iii) assist local and regional agricultural producers and processors, including new producers and processors, with marketing and distribution of local and regional food products; (iv) identify and work to remove barriers to the movement of local and regional food products into the marketplace; (v) work with local expanded food and nutrition education programs, schools and other local institutions, and individuals to assist in the development of food aggregation, processing, distribution, and storage skills in the locality or region involved; (vi) provide technical assistance in the preparation of grant and loan applications submitted for purposes of carrying out an activity referred to in paragraph (1); and (vii) work with private sources of funding and other Federal and State agencies to acquire funds for such purposes through grants and loans. (3) Grants (A) Authority In carrying out the initiative established under paragraph (1), the Secretary shall award grants to eligible entities, on a competitive basis, to provide training or technical assistance for purposes of building sustainable local and regional food systems. (B) Eligibility An eligible entity under this paragraph is a collaborative State, tribal, local, or regionally based network or partnership of public or private entities, including a network or partnership of— (i) colleges and universities, including cooperative extension colleges and universities; (ii) nonprofit organizations; (iii) Federal, State, local, and tribal governmental entities; or (iv) any other appropriate entities, as determined by the Secretary. (C) Application An eligible entity seeking a grant under this paragraph shall submit to the Secretary an application in such time and in such manner and containing such information as the Secretary may require, including information on any project the entity intends to carry out using grant funds. (D) Priority In awarding grants under this paragraph, the Secretary shall give priority to applications submitted by eligible entities that are led by or include non-profit community-based organizations with expertise in providing training or technical assistance to local and regional food producers. (E) Consideration of projects In awarding grants under this paragraph, the Secretary shall consider, with respect to a project included in an application submitted under subparagraph (C)— (i) the relevance of the project to the initiative established under paragraph (1); (ii) the appropriateness of the design of the project; (iii) the likelihood of achieving the objectives of the project; (iv) the inclusion of entrepreneurs and community leaders in the project; (v) the availability of enterprise facilitators to assist with the project; (vi) adequacy of plans for outreach, evaluation, reporting, and communication; and (vii) the national or regional applicability of the findings and outcomes of the project. (F) Term The term of a grant provided under this paragraph shall be not more than three years. . 403. Conventional breeding initiative (a) In general Section 251(e) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(e) ) is amended by adding at the end the following new paragraph: (6) Conventional plant and animal breeding special initiative (A) In general The Under Secretary shall establish a special initiative within the Research, Education, and Extension Office to coordinate research activities at the Department relating to conventional plant and animal breeding. (B) Working group In carrying out the special initiative established under subparagraph (A), the Under Secretary shall establish a working group that reports to the Under Secretary, to be comprised of individuals who are responsible for the management or administration of public breeding programs in the Department from each of the following agencies within the Department: (i) The National Institute of Food and Agriculture. (ii) The Agricultural Research Service. (iii) The Economic Research Service. (iv) The National Agricultural Statistics Service. (C) Duties of working group The working group shall— (i) coordinate conventional plant and animal breeding research being conducted at or funded by an agency described in subparagraph (B); (ii) carry out ongoing analysis and tracking activities for public grants to ensure that a diverse range of crop and animal breeding needs are being met in a timely and transparent manner; (iii) coordinate and collaborate with the National Genetics Resource Advisory Council established pursuant to section 1632 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5841 ); (iv) maximize the delivery of public cultivars and public breeds and ensure the efficient coordination of the activities of the working group and the activities of each of— (I) the Agricultural Research Service; (II) the National Institute of Food and Agriculture; (III) the National Genetic Resources Advisory Council; (IV) genetic resource conservation centers; (V) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); (VI) nongovernmental organizations with interests or expertise in conventional breeding; and (VII) public and private conventional plant and animal breeders; and (v) evaluate conventional public plant and animal breeding activities and outcomes to make recommendations to the Under Secretary on the adequacy of human and financial resources needed to ensure that the next generation of public breeders and agricultural breeders are prepared to meet the challenges of the future. (D) Advisory board The Under Secretary shall establish an advisory board whose primary duty will be to make recommendations to the working group established under subparagraph (B) on matters related to the duties specified in subparagraph (C). The advisory board shall be comprised of individuals with expertise in conventional plant and animal breeding including representatives from each of the following: (i) The Agricultural Research Service. (ii) The National Institute of Food and Agriculture. (iii) Private foundations and nonprofit organizations that have expertise in conventional plant and animal breeding. (iv) Private agricultural research and technology transfer firms. (v) Land-grant colleges and universities. (E) Definitions The terms conventional breeding , public cultivar , and public breed have the meaning given such terms in paragraph (11) of subsection (b) of the of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)). . (b) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ), as amended by section 109(b), is further amended— (1) in paragraph (7) (as amended by such section 109(b)), by striking or at the end; (2) in paragraph (8), (as amended by such section 109(b)), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (9) the authority of the Secretary to establish a conventional plant and animal breeding special initiative under section 251(e). . 404. National genetics resources program Section 1632(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5841(d) ) is amended— (1) in paragraph (5), by striking and after the semicolon at the end; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following new paragraph: (6) establish a national strategic germplasm assessment and use plan to meet food security goals for the future; and . V Horticulture 501. Farmers market and local food promotion program Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 ) is amended— (1) in the section heading, by adding and local food after market ; (2) in subsection (a)— (A) by inserting and Local Food after Market ; (B) by striking farmers’ markets and to promote ; and (C) by inserting and local food capacity development before the period at the end; (3) in subsection (b), by striking paragraph (1) and inserting the following: (1) In general The purposes of the Program are to increase domestic consumption of and access to locally and regionally produced agricultural products by developing, improving, expanding, and providing outreach, training, and technical assistance to, or assisting in the development, improvement and expansion of— (A) domestic farmers’ markets, roadside stands, community-supported agriculture programs, agritourism activities, and other direct producer-to-consumer market opportunities; and (B) local and regional food enterprises that are not direct producer-to-consumer markets but process, distribute, aggregate, store, and market locally or regionally produced food products. ; (4) in subsection (c)(1)— (A) by inserting or other agricultural business entity after cooperative ; and (B) by inserting , including a community supported agriculture network or association after association ; (5) by redesignating subsection (e) as subsection (f); (6) by inserting after subsection (d) the following new subsection: (e) Priorities In providing grants under the Program, priority shall be given to applications that include projects that— (1) benefit underserved communities; (2) develop market opportunities for small and mid-sized farm and ranch operations; and (3) include a strategic plan to maximize the use of funds to build capacity for local and regional food systems in a community. ; and (7) in subsection (f) (as redesignated by paragraph (5))— (A) in paragraph (1)— (i) in the heading, by striking Fiscal years 2008 through 2012 and inserting Commodity Credit Corporation funding for fiscal years 2008 through 2012 and 2014 through 2018 ; (ii) in subparagraph (B), by striking and after the semicolon at the end; (iii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (D) $20,000,000 for each of fiscal years 2014 through 2018. ; (B) by striking paragraphs (2) and (4); (C) by redesignating paragraph (3) as paragraph (4); (D) by inserting after paragraph (1) the following new paragraphs: (2) Authorization of appropriations In addition to funds made available under paragraph (1), there is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2013 through 2018. (3) Use of funds (A) In general Of the funds made available to carry out the Program for each fiscal year, to the maximum extent practicable, 50 percent shall be used for the purposes described in subsection (b)(1)(A) and 50 percent shall be used for the purposes described in subsection (b)(1)(B). (B) Cost share To be eligible to receive a grant for a project described in subsection (b)(1)(B), a recipient shall provide a match in the form of cash or in-kind contributions in an amount equal to 25 percent of the total cost of the project. ; and (E) by adding at the end the following new paragraphs: (5) Administrative expenses Not more than 10 percent of the total amount made available to carry out this section for a fiscal year may be used for administrative expenses. (6) Limitations An eligible entity may not use a grant or other assistance provided under the Program for the purchase, construction, or rehabilitation of a building or structure. . 502. Specialty crop block grants (a) Definitions Section 3 of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and (2) by inserting before paragraph (2), as redesignated by paragraph (1) of this subsection, the following new paragraph: (1) The term locally or regionally produced food has the meaning given the term locally or regionally produced agricultural food products in section 310B(g)(9)(A)(i) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(9)(A)(i) ). . (b) Availability and purposes of grants Subsection (a) of section 101 of such Act is amended— (1) in the heading, by striking purpose and inserting purposes ; (2) by striking 2005 through 2012 and inserting 2013 through 2018 ; and (3) by striking solely to enhance and all that follows and inserting to increase the consumption and availability of specialty crops, including those that are locally or regionally produced, and to increase the profitability, ecological sustainability, and competitiveness of specialty crop production. . (c) Preference Such section 101 is further amended— (1) by redesignating subsections (g), (h), (i), and (j) as subsections (i), (j), (k), and (m), respectively; and (2) by inserting after subsection (f) the following new subsection: (g) Preference In using grant funds provided under this section, the State receiving the grant shall give a preference to proposals that demonstrate ability to have direct positive impact on— (1) farm profitability and sustainability; (2) improved distribution capacity for locally or regionally produced foods; or (3) increased domestic consumption and affordability of edible specialty crops, particularly in low-income communities; and . (d) Transparency Such section 101 is further amended by inserting after subsection (g), as added by subsection (c) of this section, the following new subsection: (h) Transparency Each State receiving a grant under this section shall, in a timely manner, publish on an Internet website summary information about all grants received under this section and reports on the implementation of projects funded by such grants. . (e) Use of grant funds Such section 101 is further amended by inserting after subsection (k), as redesignated by subsection (e)(1) of this section, the following new subsection: (l) Use of grant funds The Secretary shall consider expansion of the grant program under this section to include traditional foods of federally recognized Indian tribes and other minority communities and may publish appropriate guidance to States receiving grants under this section regarding any such expansion. . 503. Study on local food production and program evaluation (a) In general The Secretary shall— (1) collect data on the production and marketing of locally or regionally produced agricultural food products; (2) facilitate interagency collaboration and data sharing on programs related to local and regional food systems; and (3) monitor the effectiveness of programs designed to expand or facilitate local food systems. (b) Requirements In carrying out this section, the Secretary shall— (1) collect and distribute comprehensive reporting of prices of locally or regionally produced agricultural food products; (2) conduct surveys and analysis and publish reports relating to the production, handling, distribution, retail sales, and trend studies (including consumer purchasing patterns) of or on locally or regionally produced agricultural food products; (3) evaluate the effectiveness of existing programs in growing local and regional food systems, including— (A) the impact of local food systems on job creation and economic development; (B) the level of participation in the Farmers' Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 ), including the percentage of projects funded in comparison to applicants and the types of eligible entities receiving funds; (C) the ability for participants to leverage private capital and a synopsis of the places from which non-Federal funds are derived; and (D) any additional resources required to aid in the development or expansion of local and regional food systems; (4) expand the Agricultural Resource Management Survey to include questions on locally or regionally produced agricultural food products; (5) seek to establish or expand private-public partnerships to facilitate, to the maximum extent practicable, the collection of data on locally or regionally produced agricultural food products, including the development of a nationally coordinated and regionally balanced evaluation of the redevelopment of locally or regionally produced food systems; (6) form an interagency work group that includes representatives from— (A) the Agricultural Marketing Service; (B) the Agricultural Research Service; (C) the Economic Research Service; (D) the Food and Nutrition Service; (E) the Food Safety and Inspection Service; (F) the National Agricultural Statistics Service; (G) the National Institute of Food and Agriculture; and (H) other agencies that are involved in data collection and research on locally or regionally produced agricultural food products; and (7) authorize the National Agricultural Statistics Service to create and administer— (A) a follow up survey to the Census of Agriculture to collect detailed data on producers who indicated that the producers sell to markets for locally or regionally produced agricultural food products; and (B) a survey for the purpose of collecting market data, including sales by product type and supply chain or sourcing data, from all vendors, including retail and wholesale vendors, of locally and regionally produced agricultural food products. (c) Report Not later than one year after the date of enactment of this Act, and annually thereafter until September 30, 2018, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the progress that has been made in implementing this section and identifying any additional needs related to developing local and regional food systems. (d) Funding (1) In general Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000, to remain available until expended. (2) Additional funding In addition to the funds made available under (1), there are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. VI Crop Insurance 601. Research and development authority (a) In general Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended— (1) in the subsection heading, by striking Contracting ; (2) in paragraph (1), in the matter preceding subparagraph (A), by striking may enter into contracts to carry out research and development to and inserting may conduct activities or enter into contracts to carry out research and development to maintain or improve existing policies or develop new policies to ; (3) in paragraph (2)— (A) in subparagraph (A), by inserting conduct research and development or after The Corporation may ; and (B) by striking subparagraph (B) and inserting the following new paragraph: (B) Consultation Before conducting research and development or entering into a contract under subparagraph (A), the Corporation shall follow the consultation requirements described in section 508(h)(4)(E). ; (4) in paragraph (5), by inserting after expert review in accordance with section 505(e) and procedures of the Board after approved by the Board ; and (5) in paragraph (6), by striking a pasture, range, and forage program and inserting policies that increase participation by producers of underserved agricultural commodities, including sweet sorghum, sorghum for biomass, specialty crops, sugarcane, and dedicated energy crops . (b) Funding Section 522(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(e) ) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking Contracting and inserting Conducting and contracting for research and development ; (B) in subparagraph (A), by inserting conduct research and development and after the Corporation may use to ; and (C) in subparagraph (B), by inserting conduct research and development and after for the fiscal year to ; (2) in paragraph (3), in the matter preceding subparagraph (A), by striking to provide either reimbursement payments or contract payments ; and (3) by striking paragraph (4). 602. Whole farm risk management insurance Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) is amended by adding at the end the following new paragraph: (18) Whole farm diversified risk management insurance plan (A) In general The Corporation shall conduct activities or enter into contracts to carry out research and development to develop a whole farm risk management insurance plan, with a liability limitation of $1,500,000, that allows a diversified crop or livestock producer the option to qualify for an indemnity if actual gross farm revenue is below 85 percent of the average gross farm revenue or the expected gross farm revenue that can reasonably be expected of the producer, as determined by the Corporation. (B) Eligible producers The Corporation shall permit producers (including direct-to-consumer marketers, and producers servicing local and regional and farm identity-preserved markets) who produce multiple agricultural commodities, including specialty crops, industrial crops, livestock, and aquaculture products, to participate in the plan in lieu of any other plan under this subtitle. (C) Diversification The Corporation may provide diversification-based additional coverage payment rates, premium discounts, or other enhanced benefits in recognition of the risk management benefits of crop and livestock diversification strategies for producers that grow multiple crops or that may have income from the production of livestock that uses a crop grown on the farm. (D) Market readiness The Corporation may include coverage for the value of any packing, packaging, or any other similar on-farm activity the Corporation determines to be the minimum required in order to remove the commodity from the field. (E) Report Not later than 2 years after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results and feasibility of the research and development conducted under this paragraph, including an analysis of potential adverse market distortions. . 603. Approval of costs for research and development Section 522(b)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(b)(2) ) is amended by striking subparagraph (E) and inserting the following new subparagraph: (E) Approval (i) In general The Board may approve up to 50 percent of the projected total research and development costs to be paid in advance to an applicant, in accordance with the procedures developed by the Board for the making of the payments, if, after consideration of the reviewer reports described in subparagraph (D) and such other information as the Board determines appropriate, the Board determines that— (I) the concept, in good faith, will likely result in a viable and marketable policy consistent with section 508(h); (II) at the sole discretion of the Board, the concept, if developed into a policy and approved by the Board, would provide crop insurance coverage— (aa) in a significantly improved form or that addresses a unique need of agricultural producers; (bb) to a crop or region not traditionally served by the Federal crop insurance program; or (cc) in a form that addresses a recognized flaw or problem in the program; (III) the applicant agrees to provide such reports as the Corporation determines are necessary to monitor the development effort; (IV) the proposed budget and timetable are reasonable, as determined by the Board; and (V) the concept proposal meets any other requirements that the Board determines appropriate. (ii) Waiver The Board may waive the 50-percent limitation and, upon request of the submitter after the submitter has begun research and development activities, the Board may approve an additional 25 percent advance payment to the submitter for research and development costs, if, at the sole discretion of the Board, the Board determines that— (I) the intended policy or plan of insurance developed by the submitter will provide coverage for a region or crop that is underserved by the Federal crop insurance program, including specialty crops; and (II) the submitter is making satisfactory progress towards developing a viable and marketable policy or plan of insurance consistent with section 508(h). . 604. Crop insurance for organic crops (a) In general Section 508(c)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(6)) is amended by adding at the end the following new subparagraph: (D) Organic crops (i) In general As soon as possible, but not later than the 2015 reinsurance year, the Corporation shall offer producers of organic crops price elections for all organic crops produced in compliance with standards issued by the Department of Agriculture under the national organic program established under the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. ) that reflect the actual retail or wholesale prices, as appropriate, received by producers for organic crops, as determined by the Secretary using all relevant sources of information. (ii) Annual report The Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report on progress made in developing and improving Federal crop insurance for organic crops, including— (I) the numbers and varieties of organic crops insured; (II) the progress of implementing the price elections required under this subparagraph, including the rate at which additional price elections are adopted for organic crops; (III) the development of new insurance approaches relevant to organic producers; and (IV) any recommendations the Corporation considers appropriate to improve Federal crop insurance coverage for organic crops. . (b) Removal from list of research and development activities Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) is amended by striking paragraph (10). 605. Nationwide expansion of agricultural management assistance program and inclusion of organic certification cost share assistance Subsection (b) of section 524 of the Federal Crop Insurance Act ( 7 U.S.C. 1524 ) is amended to read as follows: (b) Agricultural management assistance, risk management education, and organic certification cost share assistance (1) Authority for provision of assistance The Secretary shall provide assistance under this section as follows: (A) Provision of organic certification cost share assistance pursuant to section 10606 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523 ). (B) Activities to support risk management education and community outreach partnerships pursuant to section 522(d), including— (i) entering into futures or hedging; (ii) entering into agricultural trade options as a hedging transaction to reduce production, price, or revenue risk; or (iii) conducting any other activity relating to an activity described in clause (i) or (ii), including farm financial benchmarking, as determined by the Secretary. (C) Provision of agricultural management assistance grants to producers in States in which there has been traditionally, and continues to be, a low level of Federal crop insurance participation and availability, and producers underserved by the Federal crop insurance program, as determined by the Secretary, for the purposes of— (i) constructing or improving— (I) watershed management structures; or (II) irrigation structures; (ii) planting trees to form windbreaks or to improve water quality; and (iii) mitigating financial risk through production or marketing diversification or resource conservation practices, including— (I) soil erosion control; (II) integrated pest management; (III) organic farming; or (IV) to develop and implement a plan to create marketing opportunities for the producer, including through value-added processing. (2) Payment limitation The total amount of payments made to a person (as defined in section 1001(5) of the Food Security Act ( 7 U.S.C. 1308(5) )) (as in existence before the amendment made by section 1603(b) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1730)) under paragraph (1) for any year may not exceed $50,000. (3) Funding (A) In general The Secretary shall carry out this subsection through the Commodity Credit Corporation. (B) Funding The Commodity Credit Corporation shall make available to carry out this subsection— (i) $15,000,000 for fiscal year 2013; and (ii) $23,000,000 for each of fiscal years 2014 through 2018. (C) Distribution of funds Of the amount made available to carry out this subsection for a fiscal year, the Commodity Credit Corporation shall use not less than— (i) 50 percent to carry out paragraph (1)(A); (ii) 26 percent to carry out paragraph (1)(B); and (iii) 24 percent to carry out paragraph (1)(C). . VII Miscellaneous 701. Technical assistance (a) Meat products (1) In general Title V of the Federal Meat Inspection Act (21 U.S.C. 683 et seq.) is amended by adding at the end the following new sections: 502. Technical assistance (a) Establishment The Secretary shall establish in the Food Safety and Inspection Service of the Department of Agriculture a technical assistance division to coordinate the initiatives of any other appropriate agency of the Department of Agriculture to provide, with respect to compliance with this Act— (1) outreach, education, and training to very small or certain small establishments; and (2) grants to appropriate State agencies, educational institutions, or non-governmental organizations, or networks or partnerships of such agencies, such institutions, or such organizations, to provide outreach, technical assistance, education, and training to very small or certain small establishments. (b) Personnel The technical assistance division shall be comprised of individuals that, as determined by the Secretary— (1) are of a quantity sufficient to carry out the duties of the technical assistance division; and (2) possess appropriate qualifications and expertise relating to the duties of the technical assistance division. (c) Certain small establishment defined In this section, the term certain small establishment means an establishment that meets the requirements for establishments described in section 332.3 of title 9, Code of Federal Regulations (issued pursuant to section 501), as in effect on the date of the enactment of the Local Farms, Food, and Jobs Act of 2013 . . (2) Transfer of division Not later than 30 days after the date of the enactment of this Act, the Secretary shall transfer the functions, personnel, and assets of the technical division established under section 501(f) of the Federal Meat Inspection Act ( 21 U.S.C. 683 et seq. ) (as in effect on the day before the date of the enactment of this Act) to the technical division required to be established under section 502 of the Federal Meat Inspection Act, as added by paragraph (1). (3) Conforming amendments Section 501 of the Federal Meat Inspection Act (21 U.S.C. 683 et seq.) is amended— (A) in subsection (b)(3)(B)(ii), by striking subsection (j) and inserting subsection (i) ; (B) in subsection (e)(i), by striking subsection (j) and inserting subsection (i) ; (C) by striking subsection (f); and (D) by redesignating subsections (g) through (j) as subsections (f) through (i), respectively. (b) Poultry products The Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ) is amended by adding at the end the following new section: 32. Technical assistance (a) In general The technical assistance division of the Food Safety and Inspection Service established under section 502 of the Federal Meat Inspection Act shall coordinate the initiatives of any other appropriate agency of the Department of Agriculture to provide, with respect to compliance with this Act— (1) outreach, education, and training to very small or certain small establishments; and (2) grants to appropriate State agencies, educational institutions, or non-governmental organizations, or networks or partnerships of such agencies, such institutions, or such organizations, to provide outreach, technical assistance, education, and training to very small or certain small establishments. (b) Certain small establishment defined In this section, the term certain small establishment means an establishment that meets the requirements for establishments described in section 381.513 of title 9, Code of Federal Regulations (issued pursuant to section 31), as in effect on the date of the enactment of the Local Farms, Food, and Jobs Act of 2013 . . 702. Guidance (a) Meat products Title V of the Federal Meat Inspection Act ( 21 U.S.C. 683 et seq. ), as amended by section 701, is further amended by adding at the end the following new section: 503. Guidance (a) Issuance The Secretary, acting through the Food Safety and Inspection Service, shall issue guidance to very small or certain small establishments (as defined in section 502(c)) on how to comply with the requirements of this Act. (b) Contents The guidance issued under subsection (a) shall be appropriate for— (1) slaughter and processing facilities that are subject to Federal or State inspection under this Act, or provide custom slaughter or processing; and (2) mobile slaughter and processing facilities. . (b) Poultry products The Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ), as amended by section 701, is further amended by adding at the end the following new section: 33. Guidance (a) Issuance The Secretary, acting through the Food Safety and Inspection Service, shall issue guidance to very small or certain small establishments (as defined in section 32(b)) on how to comply with the requirements of this Act. (b) Contents The guidance issued under subsection (a) shall be appropriate for— (1) slaughter and processing facilities that are subject to Federal or State inspection under this Act, or provide custom slaughter or processing; (2) on-farm slaughter and processing of poultry that is exempt under section 15(c)(1); and (3) mobile slaughter and processing facilities. . (c) Initial guidance Not later than two years after the date of the enactment of this Act, the Secretary shall issue guidance under section 503(a) of the Federal Meat Inspection Act, as added by subsection (a), and section 33 of the Poultry Products Inspection Act, as added by subsection (b). 703. Labels and public information on label content (a) Meat products Title I of the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) is amended by adding at the end the following new section: 26. Labels and public information on label content The Secretary shall establish a guidebook and website to provide improved public access to user-friendly information on meat product label content and format and the approval process for meat product labels. . (b) Poultry products The Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as amended by section 702 of this Act, is further amended by adding at the end the following new section: 34. Labels and public information on label content The Secretary shall establish a guidebook and website to provide improved public access to user-friendly information on poultry product label content and format and the approval process for poultry product labels. . (c) Applicability date Not later than one year after the date of the enactment of this Act, the Secretary shall establish the guidebook and website required under section 26 of the Federal Meat Inspection Act, as added by subsection (a), and section 34 of the Poultry Products Inspection Act, as added by subsection (b). 704. Meat and poultry processing report (a) Report Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on steps that can be taken to assist very small or certain small establishments to ensure that such establishments produce meat and poultry products that meet the requirements under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) and the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. ). (b) Stakeholder group (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary shall convene a group of stakeholders to advise the Secretary on— (A) proposed guidance on facilities requirements, process controls and pathogen prevention in very small or certain small establishments; (B) improving the user-friendliness of information contained in meat and poultry labels; and (C) the report required under paragraph (a). (2) Membership The stakeholders group convened under paragraph (1) shall include persons with expertise on problems that very small or certain small establishments that are processing facilities, including mobile processing facilities, may have in meeting the requirements of the Federal Meat Inspection Act and the Poultry Products Inspection Act, including— (A) small scale livestock and poultry growers; (B) operators of small scale slaughtering and processing facilities; (C) representatives of farming organizations whose membership includes small scale livestock and poultry producers; (D) representatives of established consumer organizations; (E) Federal and industry employees, including a representative of employees of the Food Safety and Inspection Service that are represented by a labor organization (as defined in section 7103(a)(4) of title 5, United States Code) and a representative of employees of the industries regulated by the Food Safety and Inspection Service that are represented by a labor organization (as defined in section 2(5) of the National Labor Relations Act ( 29 U.S.C. 152(5) )); and (F) representatives from appropriate Federal and State agencies, educational institutions, other non-governmental organizations, or networks or partnerships of such agencies, such institutions, and such organizations. (3) Termination The Secretary shall terminate the stakeholder group upon completion of the guidance and the report referred to in paragraph (1). (c) Certain small establishment defined In this section, the term certain small establishment means— (1) with respect to an establishment that is subject to the requirements of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), a certain small establishment as defined in section 502(c) of such Act; or (2) with respect to an establishment that is subject to the requirements of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), a certain small establishment as defined in section 32(b) of such Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1414ih/xml/BILLS-113hr1414ih.xml

113-hr-1415

I 113th CONGRESS 1st Session H. R. 1415 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Van Hollen (for himself, Mr. Ruppersberger , Ms. Schwartz , Ms. McCollum , Mr. Garamendi , 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 allow a credit for equity investments in high technology and biotechnology small business concerns developing innovative technologies that stimulate private sector job growth. 1. Short title This Act may be cited as the Innovative Technologies Investment Incentive Act of 2013 . 2. Credit for investments in high technology and biotechnology business concerns developing innovative technologies (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 after section 30D the following new section: 30E. Investments in high technology and biotechnology business concerns developing innovative technologies (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified equity investments made by the taxpayer during the taxable year. (b) Limitations (1) National limitation (A) In general There is a national innovative technology investment credit limitation of $500,000,000. (B) Allocation of limitation and issuance of certificate Under regulations, the Administrator of the Small Business Administration shall make allocations of the national innovative technology investment credit limitation among qualified equity investments and shall issue an innovative technology investment credit certificate for each such allocation. (C) Per business investment limitation The amount of the national innovative technology investment credit limitation allocated to a qualified technology small business concern shall not exceed 50 percent of the total amount awarded to such concern under the Small Business Innovation Research (SBIR) program under section 9 of the Small Business Act. (D) Certificate required for credit eligibility The amount allowed as a credit under subsection (a) with respect to any qualified equity investment shall not exceed the amount of the national innovative technology investment credit limitation allocated to such investment and shown on the innovative technology investment credit certificate pursuant to subparagraph (E)(ii). (E) Innovative technology investment credit certificate For purposes of this subsection, an innovative technology investment credit certificate is a certificate which— (i) certifies the amount of the qualified equity investment, (ii) relates such investment to an award under the Small Business Innovation Research (SBIR) program under section 9 of the Small Business Act which qualifies for purposes of this section, and (iii) contains such other information as the Administrator, in consultation with the Secretary, determines to be necessary or appropriate to carry out this section. The amount of any award under the Small Business Innovation Research program, once related under subparagraph (B) with a qualified equity investment, may not thereafter be available for purposes of this section. (2) Limitation based on percentage ownership The amount of the credit under subsection (a) allowed to the taxpayer with respect to a qualified equity investment in a qualified technology small business concern shall be zero if, after such investment, the taxpayer owns (within the meaning of section 318) 50 percent or more of— (A) in the case that such concern is a corporation, the outstanding stock of the corporation (either by vote or value), and (B) in the case that such concern is not a corporation, the capital and profits interests of such concern. (c) Qualified equity investment For purposes of this section— (1) In general The term qualified equity investment means any equity investment in a qualified technology small business concern made during the investment period if such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash. (2) Equity investment The term equity investment means— (A) any stock (other than nonqualified preferred stock, as defined in section 351(g)(2)) in an entity which is a corporation, and (B) any capital or profits interest in an entity which is not a corporation. (3) Qualified technology small business concern The term qualified technology small business concern means, with respect to any taxable year, any small business concern (as defined in section 3 of the Small Business Act) if such concern— (A) is engaged in a high technology or biotechnology trade or business, and (B) employs an average of fewer than 500 employees on business days during such year. (4) Investment period The term investment period means the period— (A) beginning on the date the qualified technology small business concern first receives funds pursuant to a funding agreement under the Small Business Innovation Research (SBIR) program under section 9 of the Small Business Act, and (B) ending on the last day of the 18-month period beginning on the date on which such funding agreement ceases to be in effect. (d) Application with other credits (1) Business credit treated as part of general business credit Except as provided in paragraph (2), the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit (A) In general In the case of an individual who elects the application of this paragraph, 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 A for such taxable year. (B) Carryforward of unused credit If the credit allowable under subsection (a) by reason of subparagraph (A) exceeds the limitation imposed by section 26(a) for such taxable year, reduced by the sum of the credits allowable under subpart A (other than this section) for such taxable year, such excess shall be carried to each of the succeeding 20 taxable years to the extent that such unused credit may not be taken into account under subsection (a) by reason of subparagraph (A) for a prior taxable year because of such limitation. (e) Special rules (1) Related parties For purposes of this section— (A) In general All related persons shall be treated as 1 person. (B) Related persons A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). (2) Basis For purposes of this subtitle, the basis of any investment with respect to which a credit is allowable under this section shall be reduced by the amount of such credit so allowed. (3) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified equity investment which is held by the taxpayer less than 3 years, except that no benefit shall be recaptured in the case of— (A) transfer of such investment by reason of the death of the taxpayer, (B) transfer between spouses, or (C) transfer incident to the divorce (as defined in section 1041) of such taxpayer. (f) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations— (1) which prevent the abuse of the purposes of this section, and (2) which impose appropriate reporting requirements. . (b) Credit made part of general business credit Subsection (b) of section 38 of such Code (relating to current year business credit) 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 portion of the qualified equity investment credit to which section 30E(d)(1) applies. . (c) Conforming amendments (1) Section 1016(a) of such Code is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and , and by inserting after paragraph (37) the following new paragraph: (38) to the extent provided in section 30E(d)(2). . (2) Section 25(e)(1)(C) of such Code is amended by inserting 30E, after 25D, . (3) Section 1400C(d) of such Code is amended by inserting and 30E after 25D . (d) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30D the following new item: Sec. 30E. Investments in high technology and biotechnology business concerns developing innovative technologies. . (e) Effective date The amendments made by this section shall apply to investments made after December 31, 2012, in taxable years ending after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr1415ih/xml/BILLS-113hr1415ih.xml

113-hr-1416

I 113th CONGRESS 1st Session H. R. 1416 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mrs. Ellmers introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Ways and Means 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 terminate application of sequestration to payment for certain physician-administered drugs under part B of the Medicare program. 1. Short title This Act may be cited as the Cancer Patient Protection Act of 2013 . 2. Termination of sequestration to payment for physician-administered drugs under part B of the Medicare program (a) In general Notwithstanding the presidential order issued on March 1, 2013, under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ), the budgetary resources sequestered under that order for payments for drugs and biologicals under section 1847A of the Social Security Act ( 42 U.S.C. 1395w–4 ) shall be available for obligation for drugs and biologicals furnished on or after the date of the enactment of this Act in the same amount and manner as if such order had not been issued. (b) Restoration of reduced payments Notwithstanding such presidential order and such section 251A, the Secretary of Health and Human Services shall make such payments under part B of title XVIII of the Social Security Act as may be required to reimburse for the reductions in the payments made under such order for drugs and biologicals described in subsection (a) and furnished on or after April 1, 2013, and before the date of the enactment of this Act. (c) Construction Nothing in this section shall be construed as affecting any other payments under title XVIII of the Social Security Act or any other Act (other than under this section) or as requiring or authorizing the reduction of other payments, under such title or otherwise, by virtue of the application of this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1416ih/xml/BILLS-113hr1416ih.xml

113-hr-1417

I 113th CONGRESS 1st Session H. R. 1417 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. McCaul (for himself, Mrs. Miller of Michigan , Ms. Jackson Lee , and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To require the Secretary of Homeland Security to develop a comprehensive strategy to gain and maintain operational control of the international borders of the United States, and for other purposes. 1. Short title This Act may be cited as the Border Security Results Act of 2013 . 2. Reports on current border security status Not later than 60 days after the date of the enactment of this Act and every 180 days thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that assesses and describes, as of such date, the state of operational control of the international borders of the United States. 3. Strategy to achieve operational control of the border (a) Strategy To secure the border Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a comprehensive strategy for gaining and maintaining operational control of high traffic areas of the international borders of the United States by the date that is not later than two years after the date of the submission of the implementation plan required under subsection (b). The strategy shall include, at a minimum, a consideration of the following: (1) An assessment of principal border security threats. (2) Efforts to analyze and disseminate border security and border threat information between Department of Homeland Security border security components. (3) Efforts to increase situational awareness. (4) A comprehensive border security technology plan for detection technology capabilities, including a documented justification and rationale for technology choices, deployment locations, fixed versus mobile assets, and a timetable for procurement and deployment. (5) Surveillance capabilities developed or utilized by the Department of Defense, including any technology determined to be excess by the Department of Defense. (6) Use of manned aircraft and unmanned aerial systems, including the camera and sensor technology deployed on such assets. (7) Technology required to enhance security at ports of entry, including the installation of nonintrusive detection equipment, radiation portal monitors, biometric technology, and other sensors and technology that the Secretary determines necessary. (8) Operational coordination of Department of Homeland Security border security components. (9) Cooperative agreements with State, local, tribal, and other Federal law enforcement agencies that have jurisdiction on the northern border, southern border, and in the maritime environment. (10) Agreements with foreign governments that support the border security efforts of the United States. (11) Staffing requirements for all border security functions. (12) Metrics required under subsections (e), (f), and (g). (b) Implementation plan (1) In general Not later than 60 days after the submission of the strategy under subsection (a), the Secretary of Homeland Security shall submit to the appropriate congressional committees an implementation plan for each of the Department of Homeland Security border security components to carry out such strategy. (2) Government Accountability Office review (A) In general The Secretary of Homeland Security shall make available to the Government Accountability Office the implementation plan required under paragraph (1). (B) Report Not later than 90 days after receiving the implementation plan in accordance with subparagraph (A), the Comptroller General of the United States shall submit to the appropriate congressional committees a report on such plan. (c) Situational awareness Not later than two years after the date of the enactment of this Act, the Secretary of Homeland Security shall achieve situational awareness of the international borders of the United States. (d) Periodic updates Not later than 180 days after the submission of each Quadrennial Homeland Security Review required under section 707 of the Homeland Security Act of 2002 ( 6 U.S.C. 347 ) beginning with the first such Review that is due after the implementation plan is submitted under subsection (b), the Secretary of Homeland Security shall submit to the appropriate congressional committees an updated— (1) strategy under subsection (a); and (2) implementation plan under subsection (b). (e) Metrics for securing the border between ports of entry Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics to measure the effectiveness of security between ports of entry, which shall include, at a minimum, the following: (1) An effectiveness rate which measures the number of illegal border crossers who are turned back, and the amount of narcotics seized, against the total estimated number of illegal border crossers and amount of narcotics the Department of Homeland Security’s border security components fail to apprehend or seize, as the case may be. (2) Estimates, using alternate methodologies, including recidivism and survey data, of total attempted illegal border crossings, the rate of apprehension of attempted illegal border crossings, and the inflow into the United States of illegal border crossers who evade apprehension. (3) Estimates of the impacts of the Border Patrol’s Consequence Delivery System on the rate of recidivism of illegal border crossers. (4) An understanding of the current level of situational awareness. (5) Amount of narcotics seized between ports of entry. (f) Metrics for securing the border at ports of entry Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics to measure the effectiveness of security at ports of entry, which shall include, at a minimum, the following: (1) An effectiveness rate which measures the number of illegal border crossers who are turned back, and the amount of narcotics seized, against the total estimated number of illegal border crossers and amount of narcotics the Department of Homeland Security’s border security components fail to apprehend or seize, as the case may be. (2) The number of infractions related to personnel and cargo committed by major violators who are apprehended by U.S. Customs and Border Protection at such ports of entry. (3) The estimated number of such infractions committed by major violators who are not so apprehended. (4) Estimates, using alternate methodologies, including recidivism and survey data, of total attempted illegal border crossings, the rate of apprehension of attempted illegal border crossings, and the inflow into the United States of illegal border crossers who evade apprehension. (g) Metrics for securing the maritime border Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics to measure the effectiveness of security in the maritime environment, which shall include, at a minimum, the following: (1) An effectiveness rate which measures the number of migrants apprehended, the number of migrants turned back, and the amount of narcotics seized, against the total estimated numbers of migrants and amount of narcotics the Department of Homeland Security’s maritime security components fail to apprehend or seize, as the case may be. (2) An understanding of the current level of situational awareness. (3) A response rate which measures the Department’s ability to respond to known maritime threats by placing assets on-scene, compared to the total number of events with respect to which the Department has known threat information. (4) Partnerships with international, State, local, tribal, and other Federal law enforcement agencies. (h) Independent assessment by a National Laboratory within the Department of Homeland Security Laboratory Network The Secretary of Homeland Security shall request the head of a national laboratory within the Department of Homeland Security laboratory network with prior expertise in border security to— (1) provide an independent assessment of the metrics implemented in accordance with subsections (e), (f), and (g) to ensure each such metric’s suitability and statistical validity; and (2) make recommendations for other suitable metrics that may be used to measure the effectiveness of border security. (i) Evaluation by the Government Accountability Office (1) In general The Secretary of Homeland Security shall make available to the Government Accountability Office the data and methodology used to develop the metrics implemented under subsections (e), (f), and (g) and the independent assessment described under subsection (h). (2) Report Not later than 270 days after receiving the data and methodology described in paragraph (1), the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the suitability and statistical validity of such data and methodology. (j) Certifications relating to operational control (1) By the Secretary of Homeland Security If the Secretary of Homeland Security determines that operational control of the international borders of the United States has been achieved, the Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States a certification that so attests. (2) By the Comptroller General (A) Review The Comptroller General of the United States shall review the certification of the Secretary of Homeland Security under paragraph (1) to verify if such certification is accurate. (B) Verification and submission If the Comptroller General of the United States verifies the accuracy of the certification of the Secretary of Homeland Security under paragraph (1), the Comptroller General shall, not later than 120 days after such verification, submit to the appropriate congressional committees a certification that so attests. (k) Government Accountability Office report on border security duplication Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report addressing areas of overlap in responsibilities within the border security functions of the Department of Homeland Security. (l) Reports Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committee a report on the following: (1) A resource allocation model for current and future year staffing requirements that includes optimal staffing levels at all land, air, and sea ports of entry, and an explanation of U.S. Customs and Border Protection methodology for aligning staffing levels and workload to threats and vulnerabilities across all mission areas. (2) Detailed information on the level of manpower available at all land, air, and sea ports of entry and between ports of entry, including the number of canine and agricultural officers assigned to each such port of entry. (3) Detailed information that describes the difference between the staffing the model suggests and the actual staffing at each port of entry and between the ports of entry. (m) Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (2) High traffic areas The term high traffic areas means locations identified through situational awareness that are within close proximity of the northern and southern borders of the United States that have the most illicit cross-border activity. (3) Major violator The term major violator means a person or entity that has engaged in serious criminal activities at any land, air, or sea port of entry, including possession of narcotics, smuggling of prohibited products, human smuggling, weapons possession, use of fraudulent United States documents, or other offenses serious enough to result in arrest. (4) Operational control The term operational control means a condition in which there is a 90 percent probability that illegal border crossers are apprehended and narcotics and other contraband are seized in high traffic areas. (5) Situational awareness The term situational awareness means knowledge and an understanding of current illicit cross-border activity, including cross-border threats and trends concerning illicit trafficking and unlawful crossings along the international borders of the United States and in the maritime environment, and the ability to predict future shifts in such threats and trends.

https://www.govinfo.gov/content/pkg/BILLS-113hr1417ih/xml/BILLS-113hr1417ih.xml

113-hr-1418

I 113th CONGRESS 1st Session H. R. 1418 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Murphy of Florida (for himself, Mr. Peters of California , Mr. Hastings of Florida , Mr. Cárdenas , and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To reauthorize the competitive grant program under section 25(f) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(f)). 1. Short title This Act may be cited as the Partnering with American Manufacturers for Efficiency and Competitiveness Act . 2. Reauthorization Section 25(f)(9) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(f)(9) ) is amended by striking 2013 and inserting 2018 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1418ih/xml/BILLS-113hr1418ih.xml

113-hr-1419

I 113th CONGRESS 1st Session H. R. 1419 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Ms. Hahn introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide funds to each State to cover all the costs to repair or reconstruct a bridge determined by the Federal Highway Administration to be structurally deficient. 1. Short title This Act may be cited as the Bridge to Jobs Act . 2. Bridge program (a) In general The Secretary of Transportation may provide a grant to each State that meets the requirements of subsection (b) to repair or replace a structurally deficient bridge as determined by the Federal Highway Administration. (b) Eligibility To be eligible to receive a grant under this Act, a State shall— (1) apply to the Secretary at such time and in such manner as the Secretary may reasonably require, but not later than 2 years after the Secretary begins accepting applications; (2) certify that any funds received under this Act shall be used only to pay for the costs directly or indirectly related to the repair or replacement of the bridge selected by such State; and (3) include in its application, projected costs of such project, and its proposal regarding whether to repair or replace such bridge. (c) Application acceptability If the Secretary determines that an application is incomplete or unacceptable, the Secretary shall advise the State of the reasons for rejection. The State may address the inadequacies in the application and reapply during the 2-year period referred to in subsection (b)(1). (d) Use of funds A State that receives funds under this Act may use such funds for any costs directly or indirectly related to the repair or replacement of the selected bridge, including administrative expenses and any job training program established for the bridge repair or replacement project. (e) Reporting requirement Not later than 1 year after a State receives grant funds under this Act and each year thereafter until the bridge repair or replacement project is completed, such State shall submit a report to the Secretary detailing the progress of the project and account for all expenses related to the project. (f) Authorization of appropriations (1) Funding There is authorized to be appropriated $500,000,000 for fiscal year 2014 to carry out this Act and such funds shall remain available until the end of the 2-year period referred to in subsection (b)(1). (2) Grant awards The Secretary may award each State that is eligible for a grant under this Act not more than $10,000,000. (3) Availability of funds The Secretary may award grants under this Act for the 2-year period referred to in subsection (b)(1).

https://www.govinfo.gov/content/pkg/BILLS-113hr1419ih/xml/BILLS-113hr1419ih.xml

113-hr-1420

I 113th CONGRESS 1st Session H. R. 1420 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Gallego (for himself and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize appropriations to the Secretary of Commerce to establish public-private partnerships under the Market Development Cooperator Program of the International Trade Administration, and for other purposes. 1. Short title This Act may be cited as the American Export Promotion Act of 2013 . 2. Additional funding for the market development cooperator program of the Department of Commerce (a) In general There is authorized to be appropriated to the Secretary of Commerce, for the period beginning on the date of the enactment of this Act and ending on the last day of the 18th month thereafter, $4,000,000 for the Manufacturing and Services unit of the International Trade Administration— (1) to establish public-private partnerships under the Market Development Cooperator Program of the International Trade Administration; and (2) to underwrite a portion of the start-up costs for new projects carried out under that Program to strengthen the competitiveness and market share of United States industry, not to exceed, for each such project, the lesser of— (A) 1/3 of the total start-up costs for the project; or (B) $500,000. (b) Requirements In obligating and expending the funds appropriated pursuant to subsection (a), the Secretary of Commerce shall give preference— (1) to activities that assist small- and medium-sized businesses in the United States; and (2) to activities that the Secretary determines will create or sustain the greatest number of jobs in the United States or obtain the maximum return on investment.

https://www.govinfo.gov/content/pkg/BILLS-113hr1420ih/xml/BILLS-113hr1420ih.xml

113-hr-1421

I 113th CONGRESS 1st Session H. R. 1421 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Ms. Eddie Bernice Johnson of Texas (for herself, Ms. Wilson of Florida , Ms. Bonamici , Mr. McNerney , Ms. Edwards , Mr. Lipinski , Ms. Lofgren , Mr. Ben Ray Luján of New Mexico , and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To accelerate research, development, and innovation in advanced manufacturing, to improve the competitiveness of American manufacturers, and for other purposes. 1. Short title This Act may be cited as the Advancing Innovative Manufacturing Act of 2013 . 2. Advanced manufacturing technology consortia Section 33 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278r ) is amended to read as follows: 33. Advanced manufacturing technology consortia (a) Authority (1) In general The Director shall carry out a program to facilitate the development of and provide support to industry-led consortia that will identify, prioritize, and address long-term, precompetitive industrial research needs in the area of advanced manufacturing. (2) Program objectives The objectives of the program established under this section include the following: (A) To promote collective public-private efforts to develop key technology platforms and infrastructure for advanced manufacturing. (B) To enable the prioritization of public research portfolios to be more responsive to the long-term technology development needs of industry. (C) To leverage Federal investment in advanced manufacturing with shared investment by the private sector. (D) To increase industrial research and development investment in precompetitive technology platforms and infrastructure. (E) To accelerate technological innovation in advanced manufacturing. (F) To foster broad participation by industry, the Federal Government, institutions of higher education, and State, local, and tribal governments in advanced manufacturing research and development. (b) Activities As part of the program established under this section, the Director shall— (1) support the formation of industry-led consortia composed of representatives from industry (including small and medium-sized manufacturers), institutions of higher education, the Federal Government, State, local, and tribal governments, and other entities, as appropriate; (2) collaborate with consortia participants in the development of technology roadmaps that identify research needs in the area of advanced manufacturing; (3) support precompetitive research directed at meeting the research needs identified in the roadmaps developed under paragraph (2); (4) promote the transfer of precompetitive technology platforms and infrastructure resulting from consortia research to the private sector and facilitate open access to the intellectual property underpinning those platforms and technology; and (5) facilitate the development of new technologies into commercial products. (c) Selection criteria In selecting applications for awards under this section, the Director shall consider, at a minimum— (1) the degree to which the activities proposed under the consortia will broadly impact manufacturing and increase the productivity and economic competitiveness of the United States; (2) the level of technical risk to be addressed by the consortia; (3) the potential to produce fundamental new knowledge; and (4) the likelihood that the consortia will become self sustaining, if appropriate. (d) Authorization of appropriations There are authorized to be appropriated for carrying out this section $120,000,000 for each of fiscal years 2014 through 2018. . 3. Small manufacturer innovation program The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq. ) is amended— (1) by redesignating section 34 as section 35; and (2) by inserting after section 33 the following: 34. Small manufacturer innovation program (a) In general The Director shall carry out a pilot program to enhance the innovative capabilities and competitiveness of small and medium-sized manufacturers through support for research and development that will promote the field of advanced manufacturing and lead to the commercialization of new products, processes, or technologies for use in advanced manufacturing. (b) Objectives The objectives of the program under this section are— (1) to accelerate the development of processes and, as appropriate, incremental innovations that will improve how goods are designed, produced, or distributed; (2) to advance the development and commercialization of novel products and technologies for use in advanced manufacturing; (3) to reduce the technical and economic risks associated with developing new products, processes, or technologies for use in advanced manufacturing; (4) to foster cooperative research and development between small and medium-sized manufacturers and research institutions; and (5) to promote research and development collaboration among small and medium-sized manufacturers facing similar technical challenges or obstacles, including collaboration along a supply chain. (c) Program (1) Award phases The Director shall award competitive, merit-reviewed grants, cooperative agreements, or contracts to small or medium-sized manufacturers in the United States through a uniform process having— (A) a first phase for determining, insofar as possible, the scientific and technical merit and feasibility of a proposal; and (B) a second phase to further develop proposals, including the development of prototypes, for which scientific and technical merit and feasibility was demonstrated in the first phase. (2) Applications A small or medium-sized manufacturer seeking an award under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. (d) Stakeholder input In carrying out the program under this section, the Director shall solicit stakeholder input on how best to carry out the program. (e) Coordination and nonduplication To the maximum extent practicable, the Director shall ensure that the activities carried out under this section are coordinated with, and do not duplicate the efforts of, other programs within the Federal Government. (f) Report Not later than 4 years after the date of enactment of the Advancing Innovative Manufacturing Act of 2013 , the Director shall transmit a report to Congress assessing the program established under this section. The report shall include— (1) a summary of the activities carried out under the program; (2) an assessment of whether the program is achieving its goals, including a description of the metrics used to determine progress in meeting such goals; (3) any recommendations on how the program may be improved; and (4) a recommendation as to whether such program should be continued or terminated. (g) Authorization of appropriations There are authorized to be appropriated to the Director to carry out this section— (1) $15,000,000 for fiscal year 2014; (2) $25,500,000 for fiscal year 2015; (3) $39,750,000 for fiscal year 2016; (4) $42,250,000 for fiscal year 2017; and (5) $50,000,000 for fiscal year 2018. . 4. Innovation voucher pilot program Section 25 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3720 ) is amended by adding at the end the following: (d) Innovation voucher pilot program (1) In general The Secretary, acting through the Office of Innovation and Entrepreneurship and in conjunction with the States, shall establish an innovation voucher pilot program to accelerate innovative activities and enhance the competitiveness of small and medium-sized manufacturers in the United States. The pilot program shall— (A) foster collaborations between small and medium-sized manufacturers and research institutions; and (B) enable small and medium-sized manufacturers to access technical expertise and capabilities that will lead to the development of innovative products or manufacturing processes, including through— (i) research and development, including proof of concept, technical development, and compliance testing activities; (ii) early-stage product development, including engineering design services; and (iii) technology transfer and related activities. (2) Award size The Secretary shall competitively award vouchers worth up to $20,000 to small and medium-sized manufacturers for use at eligible research institutions to acquire the services described in paragraph (1)(B). (3) Streamlined procedures The Secretary shall streamline and simplify the application, administrative, and reporting procedures for vouchers administered under the program. (4) Regulations Prior to awarding any vouchers under the program, the Secretary shall promulgate regulations— (A) establishing criteria for the selection of recipients of awards under this subsection; (B) establishing procedures regarding financial reporting and auditing— (i) to ensure that awards are used for the purposes of the program; and (ii) that are in accordance with sound accounting practices; and (C) describing any other policies, procedures, or information necessary to implement this subsection, including those intended to streamline and simplify the program in accordance with paragraph (3). (5) Transfer authority The Secretary may transfer funds appropriated to the Department of Commerce to other Federal agencies for the performance of services authorized under this subsection. (6) Administrative costs All of the amounts appropriated to carry out this subsection for a fiscal year shall be used for vouchers awarded under this subsection, except that an eligible research institution performing the services described in paragraph (1)(B) may retain a percentage of any amount received from the Secretary under this subsection to defray administrative costs associated with the services. The Secretary shall establish a single, fixed percentage for such purposes that will apply to all eligible research institutions. (7) Outreach The Secretary may use centers established under section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ) to provide information about the program established under this subsection and to conduct outreach to potential applicants, as appropriate. (8) Reports to Congress (A) Plan Not later than 180 days after the date of enactment of this subsection, the Secretary shall transmit to Congress a plan that will serve as a guide for the activities of the program. The plan shall include a description of the specific objectives of the program and the metrics that will be used in assessing progress toward those objectives. (B) Outcomes Not later than 3 years after the date of enactment of this subsection, the Secretary shall transmit to Congress a report containing— (i) a summary of the activities carried out under this subsection; (ii) an assessment of the impact of such activities on the innovative capacity of small and medium-sized manufacturers receiving assistance under the pilot program; and (iii) any recommendations for administrative and legislative action that could optimize the effectiveness of the pilot program. (9) Coordination and nonduplication To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this subsection are coordinated with, and do not duplicate the efforts of, other programs within the Federal Government. (10) Eligible research institutions defined For the purposes of this subsection, the term eligible research institution means— (A) an institution of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); (B) a Federal laboratory; (C) a federally funded research and development center; or (D) a Hollings Manufacturing Extension Center established under section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ). (11) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out the pilot program in this subsection $5,000,000 for each of fiscal years 2014 through 2018. . 5. Advanced manufacturing education Section 506(b) of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 1862p–1(b) ) is amended to read as follows: (b) Advanced manufacturing education The Director shall award grants, on a competitive, merit-reviewed basis, to community colleges for the development and implementation of innovative advanced manufacturing education reforms to ensure an adequate and well-trained advanced manufacturing workforce. Activities supported by grants under this subsection may include— (1) the development or expansion of educational materials, courses, curricula, strategies, and methods that will lead to improved advanced manufacturing degree or certification programs, including the integration of industry standards and workplace competencies into the curriculum; (2) the development and implementation of faculty professional development programs that enhance a faculty member’s capabilities and teaching skills in advanced manufacturing, including efforts to understand current advanced manufacturing technologies and practices; (3) the establishment of centers that provide models and leadership in advanced manufacturing education and serve as regional or national clearinghouses for educational materials and methods; (4) activities to enhance the recruitment and retention of students into certification and degree programs in advanced manufacturing, including the provision of improved mentoring and internship opportunities; (5) the establishment of partnerships with private sector entities to ensure the development of an advanced manufacturing workforce with the skills necessary to meet regional economic needs; and (6) other activities as determined appropriate by the Director. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1421ih/xml/BILLS-113hr1421ih.xml

113-hr-1422

I 113th CONGRESS 1st Session H. R. 1422 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Stewart (for himself, Mr. Smith of Texas , Mr. Hall , Mr. Rohrabacher , Mr. Harris , and Mr. Benishek ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To amend the Environmental Research, Development, and Demonstration Authorization Act of 1978 to provide for Scientific Advisory Board member qualifications, public participation, and for other purposes. 1. Short title This Act may be cited as the EPA Science Advisory Board Reform Act of 2013 . 2. Science Advisory Board (a) Membership Section 8(b) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 ( 42 U.S.C. 4365(b) ) is amended to read as follows: (b) (1) The Board shall be composed of at least nine members, one of whom shall be designated Chairman, and shall meet at such times and places as may be designated by the Chairman in consultation with the Administrator. (2) Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. The Administrator shall select Board members from nominations received as described in paragraph (3) and shall ensure that— (A) the scientific and technical points of view represented on and the functions to be performed by the Board are fairly balanced among the members of the Board; (B) at least ten percent of the membership of the Board are from State, local, or tribal governments; (C) persons with substantial and relevant expertise are not excluded from the Board due to affiliation with or representation of entities that may have a potential interest in the Board’s advisory activities, so long as that interest is fully disclosed to the Administrator and the public and appointment to the Board complies with section 208 of title 18, United States Code; (D) in the case of a Board advisory activity on a particular matter involving a specific party, no Board member having an interest in the specific party shall participate in that activity; (E) Board members may not participate in advisory activities that directly or indirectly involve review and evaluation of their own work; and (F) Board members shall be designated as special Government employees. (3) The Administrator shall— (A) solicit public nominations for the Board by publishing a notification in the Federal Register; (B) solicit nominations from relevant Federal agencies, including the Departments of Agriculture, Defense, Energy, and Health and Human Services; (C) make public the list of nominees, including the identity of the entities that nominated them, and shall accept public comment on the nominees; (D) require that, upon their provisional nomination, nominees shall file a written report disclosing financial relationships and interests, including Environmental Protection Agency grants, contracts, cooperative agreements, or other financial assistance, that are relevant to the Board’s advisory activities for the three-year period prior to the date of their nomination, and relevant professional activities and public statements for the five-year period prior to the date of their nomination; and (E) make such reports public, with the exception of specific dollar amounts, for each member of the Board upon such member’s selection. (4) The terms of the members of the Board shall be three years and shall be staggered so that the terms of no more than one-third of the total membership of the Board shall expire within a single fiscal year. No member shall serve more than two terms over a ten-year period. . (b) Record Section 8(c) of such Act ( 42 U.S.C. 4365(c) ) is amended— (1) in paragraph (1)— (A) by inserting risk or hazard assessment, after at the time any proposed ; and (B) by inserting risk or hazard assessment, after to the Board such proposed ; and (2) in paragraph (2)— (A) by inserting risk or hazard assessment, after the scientific and technical basis of the proposed ; and (B) by adding at the end the following: The Board’s advice and comments, including dissenting views of Board members, and the response of the Administrator shall be included in the record with respect to any proposed risk or hazard assessment, criteria document, standard, limitation, or regulation and published in the Federal Register. . (c) Member committees and investigative panels Section 8(e) of such Act (42 U.S.C. 4365(e)) is amended by adding at the end the following: These member committees and investigative panels— (1) shall be constituted and operate in accordance with the provisions set forth in paragraphs (2) and (3) of subsection (b), in subsection (h), and in subsection (i); (2) do not have authority to make decisions on behalf of the Board; and (3) may not report directly to the Environmental Protection Agency. . (d) Public participation Section 8 of such Act ( 42 U.S.C. 4365 ) is amended by adding after subsection (g) the following: (h) (1) To facilitate public participation in the advisory activities of the Board, the Administrator and the Board shall make public all reports and relevant scientific information and shall provide materials to the public at the same time as received by members of the Board. (2) Prior to conducting major advisory activities, the Board shall hold a public information-gathering session to discuss the state of the science related to the advisory activity. (3) Prior to convening a member committee or investigative panel under subsection (e) or requesting scientific advice from the Board, the Administrator shall accept, consider, and address public comments on questions to be asked of the Board. The Board, member committees, and investigative panels shall accept, consider, and address public comments on such questions and shall not accept a question that unduly narrows the scope of an advisory activity. (4) The Administrator and the Board shall encourage public comments, including oral comments and discussion during the proceedings, that shall not be limited by an insufficient or arbitrary time restriction. Public comments shall be provided to the Board when received. The Board’s reports shall include written responses to significant comments offered by members of the public to the Board. (5) Following Board meetings, the public shall be given 15 calendar days to provide additional comments for consideration by the Board. . (e) Operations Section 8 of such Act ( 42 U.S.C. 4365 ) is further amended by adding after subsection (h), as added by subsection (d) of this section, the following: (i) (1) In carrying out its advisory activities, the Board shall strive to avoid making policy determinations or recommendations, and, in the event the Board feels compelled to offer policy advice, shall explicitly distinguish between scientific determinations and policy advice. (2) The Board shall clearly communicate uncertainties associated with the scientific advice provided to the Administrator. (3) The Board shall ensure that advice and comments reflect the views of the members and shall encourage dissenting members to make their views known to the public and the Administrator. (4) The Board shall conduct periodic reviews to ensure that its advisory activities are addressing the most important scientific issues affecting the Environmental Protection Agency. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1422ih/xml/BILLS-113hr1422ih.xml

113-hr-1423

I 113th CONGRESS 1st Session H. R. 1423 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Lankford (for himself and Mr. Cooper ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide taxpayers with an annual report disclosing the cost and performance of Government programs and areas of duplication among them, and for other purposes. 1. Short title This Act may be cited as the Taxpayers Right-To-Know Act . 2. Agency requirements relating to annual report on the cost and performance of Government programs and areas of duplication among programs (a) Requirement To identify and describe programs On an annual basis, for purposes of the report required by subsection (b), the head of each agency shall— (1) identify and describe every program administered by the agency; (2) for each such program— (A) determine the total administrative costs of the program; (B) determine the expenditures for services for the program; (C) estimate the number of clients served by the program and beneficiaries who received assistance under the program (if applicable); and (D) estimate— (i) the number of full-time employees who administer the program; and (ii) the number of full-time equivalents (whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance) who assist in administering the program; and (3) identify programs within the agency with duplicative or overlapping missions, services, and allowable uses of funds. (b) Report Not later than February 1 of each fiscal year, the head of each agency shall create a link on the homepage of the official public website of the agency to a report containing the following: (1) Identification and description of programs The information required under subsection (a) with respect to the preceding fiscal year. (2) Performance reviews The latest performance reviews (including the program performance reports required under section 1116 of title 31, United States Code) of each program of the agency identified under subsection (a)(1), including performance indicators, performance goals, output measures, and other specific metrics used to review the program and how the program performed on each. (3) Improper payment information For all programs and activities that may be susceptible to significant improper payments, as identified by the head of the agency under section 2(a) of the Improper Payments Information Act of 2002 (31 U.S.C. 321 note), the latest improper payment rate and the total estimated amount of improper payments during the preceding fiscal year, including fraudulent payments and overpayments. (4) Expired grant funding The total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. (5) Recommendations Such recommendations as the head of the agency considers appropriate— (A) to consolidate programs within the agency that are duplicative or overlapping; (B) to eliminate waste and inefficiency; and (C) to terminate lower priority, outdated, and unnecessary programs and initiatives. (c) Relationship to catalog of domestic financial assistance With respect to the requirements of subsections (a)(1) and (a)(2)(B), the head of an agency may use the same information provided in the Catalog of Domestic Financial Assistance if applicable. (d) Format Each agency shall make reports required by subsection (b) available in a searchable, machine-readable format, and shall expend no funds for the printing of such reports, except when providing such documents to the Congress. 3. Office of Management and Budget requirements relating to annual report on the cost and performance of Government programs and areas of duplication among programs (a) Report by Office of Management and Budget Not later than February 1 of each fiscal year, the Director of the Office of Management and Budget shall publish on the official public website of the Office of Management and Budget a report containing the following: (1) Identification of duplicative programs An identification of programs across agencies with duplicative or overlapping missions, services, and allowable uses of funds. (2) Recommendations Such recommendations as the Director considers appropriate— (A) to consolidate programs across agencies that are duplicative or overlapping; (B) to eliminate waste and inefficiency; and (C) to terminate lower priority, outdated, and unnecessary programs and initiatives. (b) Relationship to president’s budget With respect to the requirements of subsection (a)(2), the Director may use the same information provided in the President’s annual budget submission, if applicable. (c) Database required The Director shall maintain a database of information— (1) used to create the report required by subsection (a); and (2) obtained through meeting the requirements of section 21 of the Statutory Pay-As-You-Go Act of 2010 ( 31 U.S.C. 712 note). 4. Government Accountability Office requirements relating to identification, consolidation, and elimination of duplicative Government programs Section 21 of the Statutory Pay-As-You-Go Act of 2010 ( 31 U.S.C. 712 note) is amended by inserting (a) before the first sentence and by adding at the end the following: (b) The Comptroller General shall maintain and provide regular updates, on not less than an annual basis to a publicly available website that tracks the status of responses by Departments and the Congress to suggested actions that the Comptroller General has previously identified in annual reports under subsection (a). The status of these suggested actions shall be tracked for an appropriate period to be determined by the Comptroller General. The requirements of this subsection shall apply during the effective period of subsection (a). . 5. Definitions In this Act: (1) Administrative costs The term administrative costs has the meaning as determined by the Director of the Office of Management and Budget under section 504(b)(2) of Public Law 111–85 ( 31 U.S.C. 1105 note), except the term shall also include, for purposes of that section and this section, with respect to an agency— (A) costs incurred by the agency as well as costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and (B) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency. (2) Services The term services has the meaning provided by the Director of the Office of Management and Budget and shall be limited to only activities, assistance, and aid that provide a direct benefit to a recipient, such as the provision of medical care, assistance for housing or tuition, or financial support (including grants and loans). (3) Agency The term agency has the same meaning given that term in section 551(1) of title 5, United States Code, except that the term also includes offices in the legislative branch other than the Government Accountability Office. (4) Performance indicator, performance goal, output measure The terms performance indicator , performance goal , and output measure have the meanings provided those terms by section 1115 of title 31, United States Code. (5) Program The term program has the meaning provided by the Director of the Office of Management and Budget and shall include, with respect to an agency, any organized set of activities directed toward a common purpose or goal undertaken by the agency that includes services, projects, processes, or financial or other forms of assistance, including grants, contracts, cooperative agreements, compacts, loans, leases, technical support, consultation, or other guidance. 6. Classified information Nothing in this Act shall be construed to require the disclosure of classified information. 7. Regulations and implementation (a) Regulations Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe regulations to implement this Act. (b) Implementation This Act shall be implemented not later than one year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1423ih/xml/BILLS-113hr1423ih.xml

113-hr-1424

I 113th CONGRESS 1st Session H. R. 1424 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Ms. Sinema (for herself, Mr. Cárdenas , Ms. Chu , Mr. Crowley , Mr. Doyle , and Mr. Cicilline ) 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 extend the qualifying advanced energy project credit. 1. Short title This Act may be cited as the Security in Energy and Manufacturing Act of 2013 or the SEAM Act of 2013 . 2. Extension of the advanced energy project credit (a) In general Subsection (d) of section 48C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Additional 2013 allocations (A) In general Not later than 180 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Secretary of Energy, shall establish a program to consider and award certifications for qualified investments eligible for credits under this section to qualifying advanced energy project sponsors with respect to applications received on or after the date of the enactment of this paragraph. (B) Limitation The total amount of credits that may be allocated under the program described in subparagraph (A) shall not exceed the 2013 allocation amount reduced by so much of the 2013 allocation amount as is taken into account as an increase in the limitation described in paragraph (1)(B). (C) Application of certain rules Rules similar to the rules of paragraphs (2), (3), (4), and (5) shall apply for purposes of the program described in subparagraph (A), except that— (i) Certification Applicants shall have 2 years from the date that the Secretary establishes such program to submit applications. (ii) Selection criteria In determining which qualifying advanced energy projects to certify under such program, the Secretary, in consultation with the Secretary of Energy, shall give the highest priority to projects which manufacture (other than assembly of components) property described in a subclause of subsection (c)(1)(A)(i) (or components thereof). (iii) Review and redistribution The Secretary shall conduct a separate review and redistribution under paragraph (5) with respect to such program not later than 4 years after the date of the enactment of this paragraph. (D) 2013 allocation amount For purposes of this subsection, the term 2013 allocation amount means $5,000,000,000. (E) Direct payments In lieu of any qualifying advanced energy project credit which would otherwise be determined under this section with respect to an allocation to a taxpayer under this paragraph, the Secretary shall, upon the election of the taxpayer, make a grant to the taxpayer in the amount of such credit as so determined. Rules similar to the rules of section 50 shall apply with respect to any grant made under this subparagraph. . (b) Portion of 2013 allocation allocated toward pending applications under original program Subparagraph (B) of section 48C(d)(1) of such Code is amended by inserting (increased by so much of the 2013 allocation amount (not in excess of $1,500,000,000) as the Secretary determines necessary to make allocations to qualified investments with respect to which qualifying applications were submitted before the date of the enactment of paragraph (6)) after $2,300,000,000 . (c) Conforming amendment Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 48C(d)(6)(E), after 36C, .

https://www.govinfo.gov/content/pkg/BILLS-113hr1424ih/xml/BILLS-113hr1424ih.xml

113-hr-1425

I 113th CONGRESS 1st Session H. R. 1425 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Ms. Bonamici (for herself, Ms. Herrera Beutler , Mr. DeFazio , Mr. Smith of Washington , Mr. Schrader , Ms. Chu , Mr. Honda , Mr. Farr , Ms. Speier , Mr. Larsen of Washington , Mrs. Capps , Mr. Blumenauer , Ms. Lee of California , Mr. Kilmer , Mr. McDermott , Mr. Thompson of California , Mr. Young of Alaska , Mr. Reichert , Mr. Huffman , Mr. Heck of Washington , and Ms. DelBene ) 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 amend the Marine Debris Act to better address severe marine debris events, and for other purposes. 1. Short title This Act may be cited as the Marine Debris Emergency Act of 2013 . 2. Marine debris Section 3 of the Marine Debris Act ( 33 U.S.C. 1952 ) is amended by adding at the end the following: (d) Severe marine debris events (1) Priority consideration and disbursement Not later than 60 days after receiving an application for a grant under subsection (c) with respect to a severe marine debris event, the Administrator shall, to the extent feasible— (A) approve or disapprove the application; and (B) if approving the application, provide the approved grant funds to the grant recipient. (2) Preference In evaluating applications for grants under subsection (c), the Administrator shall give preference to projects that address severe marine debris events, including projects that address a severe marine debris event that has introduced or is likely to introduce marine invasive species to the United States. (3) Request for a declaration (A) In general The Governor of a State may request that the Administrator declare a severe marine debris event, in such State or a region that includes such State, for purposes of paragraphs (1) and (2). (B) Response to requests Not later than 30 days after receiving a request under subparagraph (A), the Administrator shall either— (i) declare a severe marine debris event with respect to the request; or (ii) provide a response to the Governor who submitted the request, explaining why the Administrator has not declared a severe marine debris event with respect to the request. (e) Guidance The Administrator shall take appropriate steps to encourage recipients of grants under this section to— (1) educate staff and volunteers engaged in marine debris response efforts on the potential threats that marine debris and marine invasive species may pose to the United States with respect to living marine resources, the marine environment, navigation, and public health; and (2) coordinate marine debris response efforts with appropriate Federal, State, and local government and nongovernmental entities. (f) Marine invasive species defined In this section, the term marine invasive species means a marine nonindigenous species (as defined in section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702)) the introduction of which to the United States will, or is likely to— (1) cause economic or environmental harm; (2) threaten the diversity or abundance of native species or the ecological stability of infested waters; or (3) disrupt commercial, agricultural, aquacultural, or recreational activities dependent on infested waters. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1425ih/xml/BILLS-113hr1425ih.xml

113-hr-1426

I 113th CONGRESS 1st Session H. R. 1426 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Bishop of New York 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 disallow the deduction for income attributable to domestic production activities with respect to oil and gas activities of major integrated oil companies. 1. Short title This Act may be cited as the Big Oil Welfare Repeal Act of 2013 . 2. Deduction for income attributable to domestic production activities not allowed with respect to oil and gas activities of major integrated oil companies (a) In general Subparagraph (A) of section 199(d)(9) of the Internal Revenue Code of 1986 is amended by inserting (9 percent in the case of any major integrated oil company (as defined in section 167(h)(5)(B))) after 3 percent . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1426ih/xml/BILLS-113hr1426ih.xml

113-hr-1427

I 113th CONGRESS 1st Session H. R. 1427 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Bucshon (for himself and Mr. David Scott of Georgia ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ensure that patients receive accurate health care information by prohibiting misleading and deceptive advertising or representation in the provision of health care services, and to require the identification of the license of health care professionals. 1. Short title This Act may be cited as the Truth in Healthcare Marketing Act of 2013 . 2. Findings Congress finds that— (1) many types of health care professionals including physicians, technicians, nurses, physician assistants, and other allied practitioners are engaged in providing services in health care settings, and all of these individuals play an important and distinct role in the health care delivery system; (2) the exchange of information between patients and their health care professionals is critical to helping patients understand their health care choices; (3) consumers are often unaware of the differences in, and seek more information about, the qualifications, training, and education of their health care professionals; (4) evidence exists of patient confusion resulting from ambiguous health care nomenclature and related advertisements and marketing products; and (5) nationwide surveys conducted in 2008 and 2010 revealed the depth of confusion regarding the education, skills, and training of health care professionals and indicated strong support for increasing clarity in the advertising and marketing claims of health care professionals. 3. Health care service professional unfair and deceptive acts and practices (a) Conduct prohibited It shall be unlawful for any person to make any deceptive or misleading statement, or engage in any deceptive or misleading act, that— (1) misrepresents whether such person holds a State health care license; or (2) misrepresents such person’s education, training, degree, license, or clinical expertise. (b) Requirement To identify license in advertising Any person who is advertising health care services provided by such person, shall disclose in such advertisement the applicable license under which such person is authorized to provide such services. (c) Enforcement A violation of subsection (a) or (b) shall be treated as an unfair or deceptive act or practice prescribed under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (d) Nonpreemption This section does not preempt any State or local law relating to the subject matter of this section so long as such law does not prevent the implementation of this section. 4. Truth in advertising study (a) Study As soon as practicable after the date of enactment of this Act, the Federal Trade Commission shall conduct a study of health care professionals subject to the requirement of section 3(a) to— (1) identify specific acts and practices constituting a violation of such section; (2) determine the frequency of such acts and practices; (3) identify instances of harm or injury resulting from such acts and practices; (4) determine the extent to which such persons comply with State laws or regulations that— (A) require oral or written disclosure, to the patient or in an advertisement, of the type of license such person holds; and (B) set forth requirements for advertisements for health care services with regard to disclosure of the type of license under which such person is authorized to provide such services; and (5) identify instances where any State public policy has permitted acts and practices which violate section 3(a). (b) Report The Federal Trade Commission shall report its findings to Congress not later than 1 year after the date of the enactment of this Act. 5. Rule of construction Nothing in this Act shall be construed or have the effect of changing State scope of practice for any health care professional. 6. Authorization of appropriations For the purpose of carrying out this Act, there are authorized to be appropriated to the Federal Trade Commission such sums as may be necessary for each of fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr1427ih/xml/BILLS-113hr1427ih.xml

113-hr-1428

I 113th CONGRESS 1st Session H. R. 1428 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Burgess (for himself, Mr. Kind , Mrs. Blackburn , Mr. Marino , Mr. Cassidy , Mr. Young of Florida , Mr. Crenshaw , Mr. McDermott , Mr. Bachus , Mr. Grimm , Mr. Wolf , Mr. Tiberi , Mr. Loebsack , Mr. Cooper , Mr. Himes , Mrs. Capps , Mr. Takano , Mr. Cummings , Mr. Hastings of Florida , Mr. Holt , Mrs. Davis of California , Ms. Eshoo , and Mr. David Scott of Georgia ) 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-113hr1428ih/xml/BILLS-113hr1428ih.xml

113-hr-1429

I 113th CONGRESS 1st Session H. R. 1429 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mrs. Capps (for herself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To expand the research and awareness activities of the National Institute of Arthritis and Musculoskeletal and Skin Diseases and the Centers for Disease Control and Prevention with respect to scleroderma, and for other purposes. 1. Short title This Act may be cited as the Scleroderma Research and Awareness Act of 2013 . 2. National institute of arthritis and musculoskeletal and skin diseases; scleroderma research expansion Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: 409K. Scleroderma research The Director of NIH may expand, intensify, and coordinate the activities of the National Institutes of Health with respect to scleroderma, with particular emphasis on the following: (1) Research focused on the etiology of scleroderma and the development of new treatment options. (2) Clinical research to evaluate new treatments options. (3) Basic research on the relationship between scleroderma and secondary conditions such as pulmonary hypertension, gastroparesis, Raynaud's phenomenon, Sjögren's Syndrome, and other diseases as determined by the Director. . 3. Promoting public awareness of scleroderma Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–6. Promoting public awareness of scleroderma The Secretary may carry out an educational campaign to increase public awareness of scleroderma. Print, video, and Web-based materials distributed through this campaign may include— (1) basic information on scleroderma and its symptoms; and (2) information on— (A) the incidence and prevalence of scleroderma; (B) diseases and conditions affiliated with scleroderma; or (C) the importance of early diagnosis and treatment of scleroderma. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1429ih/xml/BILLS-113hr1429ih.xml

113-hr-1430

I 113th CONGRESS 1st Session H. R. 1430 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Cassidy introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To extend the seaward boundaries of certain States, and for other purposes. 1. Short title This Act may be cited as the Offshore Fairness Act . 2. Definitions In this Act: (1) Coast line The term coast line means the line of ordinary low water along the portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, as in existence on the day that is 1 day before the date of enactment of this Act. (2) Existing interest The term existing interest means any lease, easement, right of use, or right-of-way on, or for any natural resources or minerals, underlying, expanded submerged land that is in existence on the date of conveyance of the expanded submerged land. (3) Expanded seaward boundary The term expanded seaward boundary means the boundary of a State that is 3 marine leagues seaward of the coast line of the State. (4) Expanded submerged land The term expanded submerged land means the area of the outer Continental Shelf that is located between the point that is 3 miles seaward of the coast line of a State and the point that is 3 marine leagues seaward of the coast line of the State. (5) Interest owner The term interest owner means any person holding an existing interest or a portion of an existing interest. (6) Secretary The term Secretary means the Secretary of the Interior. (7) State The term State means any of the States of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia. 3. Seaward boundaries of certain States (a) Seaward boundaries Section 4 of the Submerged Lands Act ( 43 U.S.C. 1312 ) is amended— (1) by striking The at the beginning and inserting the following: (a) In general Except for the States described in subsection (b), the ; and (2) by adding at the end the following: (b) Seaward boundaries of certain coastal States Subject to subsection (a), the seaward boundary of each of the following States shall be a line 3 marine leagues distant from the coast line of the State as of the date that is 1 day before the date of enactment of the Offshore Fairness Act : (1) Alabama. (2) Florida. (3) Georgia. (4) Louisiana. (5) Mississippi. (6) North Carolina. (7) South Carolina. (8) Virginia. . (b) Conforming amendments Section 2 of the Submerged Lands Act ( 43 U.S.C. 1301 ) is amended— (1) in subsection (a)(2), by inserting , or 3 marine leagues distant from the coast line of a State described in section 4(b), after the coast line of each such State ; and (2) in subsection (b)— (A) by striking from the coast line ; (B) by inserting from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b), after three geographical miles ; and (C) by inserting from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b), after three marine leagues . 4. Conveyance (a) In general Subject to subsections (b) and (c) and section 5, the Secretary shall, by not later than 120 days after the date of enactment of this Act— (1) notify each State of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at the request of a State, convey to the applicable State the interest of the United States in and to the expanded submerged land. (b) Administration On conveyance under subsection (a), the Secretary shall transfer to the Governor of the State the authority to exercise the powers and duties of the Secretary under the terms of any existing interest, subject to the condition that the State— (1) shall not impose any burdens or requirements on an interest owner that would be stricter than any burdens or requirements imposed under Federal law; and (2) shall not impose any administrative or judicial penalty or sanction on an interest owner that is more severe than any administrative or judicial penalty or sanction under current Federal law. (c) Liability As a condition of accepting the conveyance, the State shall agree to indemnify the United States from any liability to any interest owner for the taking of a property interest or breach of contract arising from— (1) the conveyance of the expanded submerged land to the State; or (2) the administration by the State of any existing interest on or underlying the expanded submerged land. 5. Effect (a) In general Subject to subsections (b) through (e), this Act and the amendments made by this Act shall not affect any valid existing right in and to the expanded submerged land. (b) Submerged land Submerged land within the seaward boundaries of a State (as extended by the amendments made by this Act) shall be— (1) subject to Federal oil and gas mineral rights to the extent provided by law; (2) considered to be part of the Federal outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ); and (3) subject to— (A) leasing under the authority of that Act; (B) the distribution of revenues under section 8(g)(2) of that Act ( 43 U.S.C. 1337(g)(2) ); and (C) any other laws applicable to the leasing of the oil and gas resources of the Federal outer Continental Shelf, including the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432 ). (c) Existing leases (1) In general The amendments made by this Act shall not affect any Federal oil and gas lease in effect on the date of conveyance under section 4. (2) Divided leases If the conveyance under section 4 results in a division of a Federal oil and gas lease that is in existence on the date of conveyance, the conveyance of the portion of the expanded submerged land that is covered by the lease shall not take effect until the date that is 1 day after the date that the lease expires or terminates. (d) Future interests This section shall not apply to any interest in the expanded submerged land that is granted by the State after the date on which the land is conveyed to the State under section 4. (e) Taxation (1) In general Subject to paragraph (2), a State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this Act). (2) Limitation Nothing in this subsection affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act. 6. Fishery management rights (a) In general The Secretary of Commerce shall grant to each State exclusive fishery management authority over reef fish in the Gulf of Mexico and the Atlantic Ocean in the expanded submerged land. (b) Temporary additional authority (1) In general In addition to the authority granted under subsection (a) and subject to paragraph (2), the Secretary of Commerce shall grant to each State exclusive fishery management authority over the red snapper fish (lutjanus campechanus), in the Gulf of Mexico and the Atlantic Ocean in the area of the outer Continental Shelf that is located between the expanded seaward boundary of a State and the point that is 200 miles seaward of the coast line of the State, consistent with the jurisdictional limit of the exclusive economic zone. (2) Term The authority under paragraph (1) shall remain in effect for any State until the date on which the Governor of that State has certified to the Secretary of Commerce, in writing, that the Governor is confident that the stock assessments of the National Oceanic and Atmospheric Administration for the red snapper fish (lutjanus campechanus) within the authority of the State, as established by this Act, are— (A) accurate; and (B) based on sound science.

https://www.govinfo.gov/content/pkg/BILLS-113hr1430ih/xml/BILLS-113hr1430ih.xml

113-hr-1431

I 113th CONGRESS 1st Session H. R. 1431 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Connolly (for himself and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To extend the right of appeal to the Merit Systems Protection Board to certain employees of the United States Postal Service. 1. Short title This Act may be cited as the Postal Employee Appeal Rights Amendments Act of 2013 . 2. Right of appeal to Merit Systems Protection Board Section 1005(a)(4)(A)(ii)(I) of title 39, United States Code, is amended to read as follows: (I) is a career or noncareer employee of the Postal Service who— (aa) is not represented by a bargaining representative recognized under section 1203; and (bb) is in a supervisory, professional, technical, clerical, administrative, or managerial position covered by the Executive and Administrative Schedule; and .

https://www.govinfo.gov/content/pkg/BILLS-113hr1431ih/xml/BILLS-113hr1431ih.xml

113-hr-1432

I 113th CONGRESS 1st Session H. R. 1432 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Cotton (for himself, Mr. Hudson , and Mr. Braley of Iowa ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To amend the Consolidated and Further Continuing Appropriations Act, 2013, to modify the amounts appropriated for the Federal Aviation Administration, and for other purposes. 1. Short title This Act may be cited as the Air Traffic Control Tower Funding Restoration Act . 2. Modification of Federal Aviation Administration funding (a) In general Title VIII of Division F of the Consolidated and Further Continuing Appropriations Act, 2013, is amended by adding at the end the following: 1811. Notwithstanding section 1101, the level for Department of Transportation, Federal Aviation Administration, Operations shall be $9,703,395,000: Provided , That the amounts specified in the matter under the heading Federal Aviation Administration—Operations in title I of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (division C of Public Law 112–55 ; 125 Stat. 645) shall be applied to funds appropriated by this division— (1) by substituting $7,492,738,000 for $7,442,738,000 ; and (2) by substituting $10,350,000 shall be for the contract tower cost-sharing program and not less than $130,500,000 shall be for the contract tower program for contract towers in operation as of February 1, 2013 for $10,350,000 shall be for the contract tower cost-sharing program . . (b) Offsetting rescissions Of amounts appropriated for fiscal years before fiscal year 2013 that remain available for obligation as of the date of the enactment of this Act and that are not designated an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, the following amounts are rescinded from the following accounts: (1) Department of Transportation, Federal Aviation Administration, Facilities and Equipment , $23,861,002. (2) Department of Transportation, Federal Aviation Administration, Research, Engineering, and Development , $26,183,998.

https://www.govinfo.gov/content/pkg/BILLS-113hr1432ih/xml/BILLS-113hr1432ih.xml

113-hr-1433

I 113th CONGRESS 1st Session H. R. 1433 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Courtney (for himself, Mr. Bishop of New York , Ms. Bonamici , Mr. Braley of Iowa , Mrs. Bustos , Mrs. Capps , Mr. Cárdenas , Mr. Carson of Indiana , Mr. Castro of Texas , Mr. Cicilline , Ms. Clarke , Mr. Cohen , Mr. Connolly , Ms. DeLauro , Ms. DelBene , Mr. Dingell , Mr. Doyle , Ms. Duckworth , Ms. Edwards , Ms. Esty , Mr. Grijalva , Mr. Higgins , Mr. Himes , Mr. Hinojosa , Mr. Holt , Mr. Horsford , Ms. Jackson Lee , Mr. Kilmer , Mr. Langevin , Mr. Larsen of Washington , Mr. Larson of Connecticut , Ms. Lee of California , Mr. Lewis , Mr. Loebsack , Mrs. Carolyn B. Maloney of New York , Mr. Markey , Mr. McDermott , Mr. McGovern , Ms. Moore , Mr. Nadler , Ms. Norton , Mr. Peters of Michigan , Ms. Pingree of Maine , Mr. Polis , Mr. Rangel , Mr. Ryan of Ohio , Ms. Loretta Sanchez of California , Mr. Sarbanes , Ms. Schakowsky , Mr. Schiff , Mr. Schrader , Ms. Schwartz , Ms. Shea-Porter , Ms. Slaughter , Mr. Tonko , Mr. Van Hollen , Mr. Vela , Mr. Walz , Mr. Waxman , Mr. Welch , Mr. Yarmuth , Mr. Conyers , Mr. Al Green of Texas , Ms. Roybal-Allard , Mr. Thompson of California , Mr. Peters of California , Mr. Tierney , and Mr. Lynch ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to extend the reduced interest rate for Federal Direct Stafford Loans. 1. Interest rate extension Subparagraph (D) of section 455(b)(7) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b)(7) ) is amended— (1) in the matter preceding clause (i), by striking 2013 and inserting 2015 ; and (2) in clause (v), by striking 2013 and inserting 2015 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1433ih/xml/BILLS-113hr1433ih.xml

113-hr-1434

I 113th CONGRESS 1st Session H. R. 1434 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Daines introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit the further extension or establishment of national monuments in Montana, except by express authorization of Congress, and for other purposes. 1. Short title This Act may be cited as the Montana Land Sovereignty Act . 2. Prohibition on new national monuments in montana without congressional approval This proviso of the last sentence of the first section of the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 U.S.C. 431a), is amended by inserting or Montana after Wyoming .

https://www.govinfo.gov/content/pkg/BILLS-113hr1434ih/xml/BILLS-113hr1434ih.xml

113-hr-1435

I 113th CONGRESS 1st Session H. R. 1435 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mrs. Davis of California introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend titles 28 and 10, United States Code, to allow for certiorari review of certain cases denied relief or review by the United States Court of Appeals for the Armed Forces. 1. Short title This Act may be cited as the Equal Justice for Our Military Act of 2013 . 2. Certiorari to the United States Court of Appeals for the Armed Forces (a) In general Section 1259 of title 28, United States Code, is amended— (1) in paragraph (3), by inserting or denied after granted ; and (2) in paragraph (4), by inserting or denied after granted . (b) Technical and conforming amendments (1) Title 10 Section 867a(a) of title 10, United States Code, is amended by striking The Supreme Court may not review by a writ of certiorari under this section any action of the Court of Appeals for the Armed Forces in refusing to grant a petition for review. . (2) Time for application for writ of certiorari Section 2101(g) of title 28, United States Code, is amended to read as follows: (g) The time for application for a writ of certiorari to review a decision of the United States Court of Appeals for the Armed Forces, or the decision of a Court of Criminal Appeals that the United States Court of Appeals for the Armed Forces refuses to grant a petition to review, shall be as prescribed by rules of the Supreme Court. . 3. Effective date (a) In general Subject to subsection (b), the amendments made by this Act shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act and shall apply to any petition granted or denied by the United States Court of Appeals for the Armed Forces on or after that effective date. (b) Authority To prescribe rules The authority of the Supreme Court to prescribe rules to carry out section 2101(g) of title 28, United States Code, as amended by section 2(b)(2) of this Act, shall take effect on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1435ih/xml/BILLS-113hr1435ih.xml

113-hr-1436

I 113th CONGRESS 1st Session H. R. 1436 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Enyart (for himself and Mr. Hoyer ) 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 establish a pilot program to facilitate education and training programs in the field of advanced manufacturing. 1. Short title This Act may be cited as the Job Opportunities Between our Shores Act or the JOBS Act . 2. Pilot program to support advanced manufacturing workforce development Section 171 of the Workforce Investment Act of 1998 is amended by adding at the end the following: (f) Advanced manufacturing workforce development program (1) In general Under a plan published under subsection (a), the Secretary shall, through grants or contracts, carry out demonstration and pilot projects for the purpose of facilitating education and training programs in the field of advanced manufacturing. Such projects shall— (A) target skills and competency development in communities with expected growth in advanced manufacturing; (B) provide education and training for available jobs or job openings that are anticipated in advanced manufacturing which result in an industry-recognized and nationally portable credential, including an educational certificate or degree, an occupational license, an industry-sponsored certificate or certification, as well as a registered apprenticeship certificate or degree; (C) educate individuals about opportunities for career advancement within advanced manufacturing; and (D) give priority to incumbent workers, dislocated workers, and unemployed individuals. (2) Eligible entities The following entities in any of the several States or territories, in partnership with a manufacturer who employs individuals with advanced manufacturing skills, shall be eligible to receive a grant or be party to a contract under a project established under paragraph (1): (A) An individual community or technical college, such as a public community college, a nonprofit community college, a tribally controlled college, or a tribally controlled university. (B) A community college district. (C) A State community college system. (D) A local workforce investment board, in partnership with one or more one-stop career centers, that specifies one or more community or technical colleges where education and training activities will occur. (E) Other entity that would serve educationally underserved communities. (3) Application Applications from eligible entities described in paragraph (2) shall be submitted at such time and in such form and manner as the Secretary shall determine, but shall include the following: (A) A description of the eligible entity or entities, evidence of each eligible entity’s capacity to carry out activities in support of the strategic objectives described in paragraph (1), a description of the expected participation and responsibilities of the eligible entity, or each of the eligible entities in the case of a consortium. (B) A description of education and training activities to be provided that will— (i) develop skills and competencies demanded by advanced manufacturing firms; (ii) lead to an employer- or industry-recognized credential; and (iii) educate individuals about opportunities for career advancement and wage growth within advanced manufacturing. (C) A description of how the economy where the entity resides would benefit, including— (i) evidence of the growth of advanced manufacturing in State or locality; (ii) the potential for additional job growth with investments in advanced manufacturing; and (iii) exposure of incumbent or dislocated workers to new advanced manufacturing technology skill sets. (D) A description of how the eligible entity would employ evidence-based training models that integrate academic instruction with training, including on-the-job training in advanced manufacturing to meet performance goals described in paragraph (6). (E) A description of how the eligible entity will coordinate with State or local workforce investment boards and State or local economic development officials. (4) Activities Activities to be carried out under a project funded under paragraph (1) may include— (A) classroom and on-site experiential learning; (B) on-the-job training; (C) training which fits into an industry-recognized competency model for advanced manufacturing; (D) development and implementation of registered apprenticeship and preapprenticeship programs; (E) coordination with local workforce investment boards implementing and utilizing existing articulation agreements with universities and other educational partners; (F) distance learning; and (G) any other activity the Secretary considers appropriate for training in advanced manufacturing. (5) Performance goals and measures (A) Goals The goals of the activities described in paragraph (4) shall be to— (i) enhance the skill-sets of incumbent workers who live in communities with expected growth in advanced manufacturing, and for such workers to obtain an industry-recognized and nationally portable credential including an educational certificate or degree; (ii) develop competencies for individuals with limited experience in advanced manufacturing; (iii) strengthen community college partnerships with advanced manufacturing firms in an effort to meet firms’ needs for adaptability in training of incumbent workers; (iv) strengthen partnerships with local workforce investment boards and, if applicable, local education agencies; and (v) help incumbent workers develop skills which lead to greater earnings. (B) Measures The Secretary shall negotiate and reach agreement with the eligible entities that receive grants and assistance under this subsection on performance measures that will be used to evaluate the performance of the eligible entity in carrying out the activities described in paragraph (4). Each performance measure shall consist of such an indicator of performance and may include— (i) the number of workers, including dislocated workers and unemployed individuals, receiving employer- or industry-recognized credentials; (ii) the number of workers, including dislocated workers and unemployed individuals, attaining basic skills, as described in an industry-recognized and nationally portable competency model for advanced manufacturing; (iii) the number of incumbent workers whose training meets employer’s worker-skill needs to enhance operations; (iv) earnings growth as a result of additional training provided through partnership; and (v) other measures the Secretary determines necessary to meet goals described in subparagraph (A). (6) Evaluation Beginning not later than 1 year after the date of the first disbursement of funds under this subsection, the Secretary shall provide for the continuing evaluation of the programs funded under this subsection, as required by section 172, and shall transmit a report of the evaluation to Congress not later than 2 years after such date. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1436ih/xml/BILLS-113hr1436ih.xml

113-hr-1437

I 113th CONGRESS 1st Session H. R. 1437 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Ms. Fudge (for herself, Mr. Rangel , Mr. McGovern , Ms. Eddie Bernice Johnson of Texas , Mr. Price of North Carolina , Mr. Conyers , Mr. Danny K. Davis of Illinois , Mr. Lewis , Ms. Clarke , Mr. Cummings , Mr. Clay , and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish the Honorable Stephanie Tubbs Jones Fire Suppression Demonstration Incentive Program within the Department of Education to promote installation of fire sprinkler systems, or other fire suppression or prevention technologies, in qualified student housing and dormitories, and for other purposes. 1. Short title This Act may be cited as the Honorable Stephanie Tubbs Jones College Fire Prevention Act . 2. Definitions In this Act: (1) Approved fire suppression system The term approved fire suppression system means a fire suppression system that— (A) meets with applicable codes and standards for the jurisdiction where it is being installed, or the standards promulgated by national model code organizations such as the National Fire Protection Association or the International Code Council; (B) ensures that the safety of students with disabilities is met; and (C) may include— (i) an automatic fire sprinkler system; (ii) a fire and smoke alarm and detection system; and (iii) a mass communication system that can be used in the event of a fire, disaster, or other emergency. (2) 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 ( 20 U.S.C. 1002 ). (3) Secretary The term Secretary means the Secretary of Education. 3. Establishment of the Honorable Stephanie Tubbs Jones Fire Suppression Demonstration Incentive Program (a) Grants The Secretary, in consultation with the United States Fire Administration, shall establish a demonstration program to award grants on a competitive basis to any eligible entity for the purpose of installing approved fire suppression systems in student housing and dormitories owned or controlled by that eligible entity. (b) Eligible entity In this Act, the term eligible entity means any of the following: (1) An institution of higher education, including an institution eligible to receive assistance under part A or B of title III or title V of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.; 20 U.S.C. 1060 et seq. ; 20 U.S.C. 1101 et seq. ). (2) A social fraternity or sorority exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)), the active membership of which consists primarily of students in attendance at an institution of higher education. (c) Selection priority In making grants under subsection (a) , the Secretary shall give priority to eligible entities that demonstrate the greatest financial need. (d) Reserved amounts (1) In general Of the amount made available to the Secretary for grants under this section for each fiscal year, the Secretary shall award— (A) not less than 10 percent to eligible entities that are institutions described in subsection (b)(1) that are eligible to receive assistance under part A or B of title III or title V of the Higher Education Act of 1965 ( 20 U.S.C. 1057 et seq. ; 20 U.S.C. 1060 et seq. ; 20 U.S.C. 1101 et seq.); and (B) not less than 10 percent to eligible entities that are social fraternities and sororities described in subsection (b)(2) . (2) Plan required The Secretary shall develop a plan to inform eligible entities described in subparagraphs (A) and (B) of paragraph (1) that such entities may be eligible to apply for grants under this section. (3) Insufficient applicants If the Secretary determines that there are an insufficient number of qualified applicants to award the reserved amounts required in accordance with paragraph (1) , the Secretary shall make available the remainder of such reserved amounts for use by other eligible entities. (e) Application To seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (f) Matching requirement As a condition of receipt of a grant under subsection (a) , the eligible entity shall provide (directly or through donations from public or private entities) non-Federal matching funds in an amount equal to not less than 50 percent of the cost of the activities for which assistance is sought. (g) Supplement Not Supplant Funds made available under this program shall be used to supplement, not supplant, other funds that would otherwise be expended to carry out fire safety activities. (h) Limitation on administrative expenses Not more than 2 percent of a grant made under subsection (a) may be expended for administrative expenses with respect to the grant. (i) Reports Not later than 12 months after the date of the first award of a grant under this section and annually thereafter until completion of the program, the Secretary shall provide to Congress a report that includes— (1) the number and types of eligible entities receiving assistance under this section; (2) the amount of assistance received under this section, the amount and source of non-Federal funding leveraged for activities under grants under this section, and any other relevant financial information; (3) the number and types of student housing fitted with fire suppression or prevention technologies with assistance under this section, and the number of students protected by such technologies; (4) the types of fire suppression or prevention technologies installed with assistance under this section, and the costs of such technologies; (5) identification of any Federal, State, or local policy that presents an impediment to the development and installation of fire suppression or prevention technologies; and (6) any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in improving the fire safety of student housing. (j) Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years 2014 through 2016. 4. Admissibility as evidence (a) Prohibition Notwithstanding any other provision of law and subject to subsection (b) , any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. (b) Exception This section does not apply to the admission of an application, determination, or statement described in subsection (a) as evidence in a proceeding to enforce an agreement entered into between the Secretary and an eligible entity under section 3 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1437ih/xml/BILLS-113hr1437ih.xml

113-hr-1438

I 113th CONGRESS 1st Session H. R. 1438 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Hastings of Florida (for himself, Mr. McGovern , Mr. Mica , Mr. Cohen , Mr. Grijalva , Ms. Bass , Ms. Wilson of Florida , Mrs. Christensen , Mr. Welch , Mr. Grayson , Mrs. McCarthy of New York , Mrs. Beatty , Mr. Deutch , Mr. Rangel , Mr. Faleomavaega , Ms. Jackson Lee , Ms. Michelle Lujan Grisham of New Mexico , Mr. Cummings , Ms. Loretta Sanchez of California , Mr. Garcia , Mr. Gutierrez , Ms. Gabbard , and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to exempt reimbursements of certain medical expenses and other payments related to accident, theft, loss, or casualty loss from determinations of annual income with respect to pensions for veterans and surviving spouses and children of veterans, and for other purposes. 1. Short title This Act may be cited as the Veterans Pensions Protection Act of 2013 . 2. Exclusion of certain reimbursements of medical expenses and other payments from determination of annual income with respect to pensions for veterans and surviving spouses and children of veterans (a) In general Paragraph (5) of section 1503(a) of title 38, United States Code, is amended to read as follows: (5) payments regarding— (A) reimbursements of any kind (including insurance settlement payments) for— (i) expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from— (I) any accident (as defined by the Secretary), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident; (II) any theft or loss (as defined by the Secretary), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money (including legal tender of the United States or of a foreign country) involved at the time immediately preceding the theft or loss; or (III) any casualty loss (as defined by the Secretary), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the casualty loss; and (ii) medical expenses resulting from any accident, theft, loss, or casualty loss (as defined by the Secretary), but the amount excluded under this clause shall not exceed the costs of medical care provided to the victim of the accident, theft, loss, or casualty loss; and (B) pain and suffering (including insurance settlement payments and general damages awarded by a court) related to an accident, theft, loss, or casualty loss, but the amount excluded under this subparagraph shall not exceed an amount determined by the Secretary on a case-by-case basis; . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1438ih/xml/BILLS-113hr1438ih.xml

113-hr-1439

I 113th CONGRESS 1st Session H. R. 1439 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Labrador introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit the further extension or establishment of national monuments in Idaho, except by express authorization of Congress, and for other purposes. 1. Short title This Act may be cited as the Idaho Land Sovereignty Act . 2. Prohibition on new national monuments in idaho without congressional approval This proviso of the last sentence of the first section of the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 U.S.C. 431a), is amended by inserting or Idaho after Wyoming . 3. Prohibition on new wild lands in idaho without congressional approval The Bureau of Land Management shall not implement, administer, or enforce Secretarial Order No. 3310, issued by the Secretary of the Interior on December 22, 2010, on any lands in Idaho, except by Congressional approval.

https://www.govinfo.gov/content/pkg/BILLS-113hr1439ih/xml/BILLS-113hr1439ih.xml

113-hr-1440

I 113th CONGRESS 1st Session H. R. 1440 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Long (for himself, Ms. Linda T. Sánchez of California , Mr. Jones , Mr. Graves of Missouri , Mr. Nunnelee , Mrs. Ellmers , Mrs. Hartzler , Mr. Westmoreland , Mr. Kinzinger of Illinois , Mr. Bachus , Mrs. Napolitano , Mr. Ryan of Ohio , Mr. Johnson of Georgia , Mr. Rangel , Mr. Conyers , Mr. Michaud , Mr. Stivers , Mr. Cooper , Mr. Enyart , Ms. Kaptur , Mr. Lipinski , Mr. Owens , Mr. Pascrell , Mr. Gene Green of Texas , Ms. Shea-Porter , Mr. Foster , Mr. Cramer , Mr. Turner , Mr. Grijalva , Ms. Roybal-Allard , Ms. Brown of Florida , Mr. Visclosky , Mr. McGovern , Ms. Schwartz , Mr. Luetkemeyer , and Mr. Lowenthal ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prevent the evasion of antidumping and countervailing duty orders, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Enforcing Orders and Reducing Customs Evasion Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Procedures Sec. 101. Procedures for investigating claims of evasion of antidumping and countervailing duty orders. Sec. 102. Application to Canada and Mexico. TITLE II—Other matters Sec. 201. Definitions. Sec. 202. Allocation of U.S. Customs and Border Protection personnel. Sec. 203. Regulations. Sec. 204. Annual report on prevention of evasion of antidumping and countervailing duty orders. Sec. 205. Government Accountability Office report on reliquidation authority. I Procedures 101. Procedures for investigating claims of evasion of antidumping and countervailing duty orders (a) In general The Tariff Act of 1930 is amended by inserting after section 516A ( 19 U.S.C. 1516a ) the following: 516B. Procedures for investigating claims of evasion of antidumping and countervailing duty orders (a) Definitions In this section: (1) Administering authority The term administering authority has the meaning given that term in section 771(1). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Finance and the Committee on Appropriations of the Senate; and (B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives. (3) Commissioner The term Commissioner means the Commissioner responsible for U.S. Customs and Border Protection. (4) Covered merchandise The term covered merchandise means merchandise that is subject to— (A) an antidumping duty order issued under section 736; (B) a finding issued under the Antidumping Act, 1921; or (C) a countervailing duty order issued under section 706. (5) Enter; entry The terms enter and entry refer to the entry, or withdrawal from warehouse for consumption, in the customs territory of the United States. (6) Evade; evasion The terms evade and evasion refer to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise. (7) Interested party The term interested party has the meaning given that term in section 771(9). (b) Procedures for investigating allegations of evasion (1) Initiation by petition or referral (A) In general Not later than 10 days after the date on which the Commissioner receives a petition described in subparagraph (B) or a referral described in subparagraph (C), the Commissioner shall initiate an investigation pursuant to this paragraph. (B) Petition described A petition described in this subparagraph is a petition that— (i) is filed with the Commissioner by any party who is an interested party with respect to covered merchandise; (ii) alleges that a person has entered covered merchandise into the customs territory of the United States through evasion; and (iii) is accompanied by information reasonably available to the petitioner supporting the allegation. (C) Referral described A referral described in this subparagraph is information submitted to the Commissioner by any other Federal agency, including the Department of Commerce or the United States International Trade Commission, indicating that a person has entered covered merchandise into the customs territory of the United States through evasion. (2) Determinations (A) Preliminary determination (i) In general Not later than 90 days after the date on which the Commissioner initiates an investigation under paragraph (1), the Commissioner shall issue a preliminary determination, based on information available to the Commissioner at the time of the determination, with respect to whether there is a reasonable basis to believe or suspect that the covered merchandise was entered into the customs territory of the United States through evasion. (ii) Extension The Commissioner may extend by not more than 45 days the time period specified in clause (i) if the Commissioner determines that sufficient information to make a preliminary determination under that clause is not available within that time period or the inquiry is unusually complex. (B) Final determination (i) In general Not later than 120 days after making a preliminary determination under subparagraph (A), the Commissioner shall make a final determination, based on substantial evidence, with respect to whether covered merchandise was entered into the customs territory of the United States through evasion. (ii) Extension The Commissioner may extend by not more than 60 days the time period specified in clause (i) if the Commissioner determines that sufficient information to make a final determination under that clause is not available within that time period or the inquiry is unusually complex. (iii) Opportunity for comment; hearing After making a preliminary determination under subparagraph (A) and before issuing a final determination under this subparagraph with respect to whether covered merchandise was entered into the customs territory of the United States through evasion, the Commissioner shall— (I) provide any person alleged to have entered the merchandise into the customs territory of the United States through evasion, and any person that is an interested party with respect to the merchandise, with an opportunity to be heard; (II) upon request, hold a hearing with respect to whether the covered merchandise was entered into the customs territory of the United States through evasion; and (III) provide an opportunity for public comment. (C) Authority to collect and verify additional information In making a preliminary determination under subparagraph (A) or a final determination under subparagraph (B), the Commissioner— (i) shall exercise all existing authorities to collect information needed to make the determination; and (ii) may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by— (I) issuing a questionnaire with respect to covered merchandise to— (aa) a person that filed a petition under paragraph (1)(B); (bb) a person alleged to have entered covered merchandise into the customs territory of the United States through evasion; or (cc) any other person that is an interested party with respect to the covered merchandise; or (II) conducting verifications, including on-site verifications, of any relevant information. (D) Adverse inference (i) In general If the Commissioner finds that a person that filed a petition under paragraph (1)(B), a person alleged to have entered covered merchandise into the customs territory of the United States through evasion, or a foreign producer or exporter, has failed to cooperate by not acting to the best of the person's ability to comply with a request for information, the Commissioner may, in making a preliminary determination under subparagraph (A) or a final determination under subparagraph (B), use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred. (ii) Adverse inference described An adverse inference used under clause (i) may include reliance on information derived from— (I) the petition, if any, submitted under paragraph (1)(B) with respect to the covered merchandise; (II) a determination by the Commissioner in another investigation under this section; (III) an investigation or review by the administering authority under title VII; or (IV) any other information placed on the record. (E) Notification and publication Not later than 7 days after making a preliminary determination under subparagraph (A) or a final determination under subparagraph (B), the Commissioner shall— (i) provide notification of the determination to— (I) the administering authority; and (II) the person that submitted the petition under paragraph (1)(B) or the Federal agency that submitted the referral under paragraph (1)(C); and (ii) provide the determination for publication in the Federal Register. (3) Business proprietary information (A) Establishment of procedures For each investigation initiated under paragraph (1), the Commissioner shall establish procedures for the submission of business proprietary information under an administrative protective order that— (i) protects against public disclosure of such information; and (ii) for purposes of submitting comments to the Commissioner, provides limited access to such information for— (I) the person that submitted the petition under paragraph (1)(B) or the Federal agency that submitted the referral under paragraph (1)(C); and (II) the person alleged to have entered covered merchandise into the customs territory of the United States through evasion. (B) Administration in accordance with other procedures The procedures established under subparagraph (A) shall be administered, to the maximum extent practicable, in accordance with administrative protective order procedures under section 777 by the administering authority. (C) Disclosure of business proprietary information The Commissioner shall, in accordance with the procedures established under subparagraph (A), make all business proprietary information presented to, or obtained by, the Commissioner during an investigation available to the persons specified in subparagraph (A)(ii) under an administrative protective order, regardless of when such information is submitted during an investigation. (4) Referrals to other Federal agencies (A) After preliminary determination Notwithstanding section 777 and subject to subparagraph (C), when the Commissioner makes an affirmative preliminary determination under paragraph (2)(A), the Commissioner shall, at the request of the head of another Federal agency, transmit the administrative record to the head of that agency. (B) After final determination Notwithstanding section 777 and subject to subparagraph (C), when the Commissioner makes an affirmative final determination under paragraph (2)(B), the Commissioner shall, at the request of the head of another Federal agency, transmit the complete administrative record to the head of that agency. (C) Protective orders Before transmitting an administrative record to the head of another Federal agency under subparagraph (A) or (B), the Commissioner shall verify that the other agency has in effect with respect to the administrative record a protective order that provides the same or a similar level of protection for the information in the administrative record as the protective order in effect with respect to such information under this subsection. (c) Effect of determinations (1) Effect of affirmative preliminary determination If the Commissioner makes a preliminary determination in accordance with subsection (b)(2)(A) that there is a reasonable basis to believe or suspect that covered merchandise was entered into the customs territory of the United States through evasion, the Commissioner shall— (A) suspend the liquidation of each unliquidated entry of the covered merchandise that is subject to the preliminary determination and that entered on or after the date of the initiation of the investigation under paragraph (1) and, pursuant to the Commissioner’s authority under section 504(b), extend liquidation of each unliquidated entry of the covered merchandise that is subject to the preliminary determination and that entered prior to the date of the initiation of the investigation under paragraph (1); (B) review and reassess the amount of bond or other security the importer is required to post for each entry of merchandise described in subparagraph (A); (C) require the posting of a cash deposit with respect to each entry of merchandise described in subparagraph (A); and (D) take such other measures as the Commissioner determines appropriate to ensure the collection of any duties that may be owed with respect to merchandise described in subparagraph (A) as a result of a final determination under subsection (b)(2)(B). (2) Effect of negative preliminary determination If the Commissioner makes a preliminary determination in accordance with subsection (b)(2)(A) that there is not a reasonable basis to believe or suspect that covered merchandise was entered into the customs territory of the United States through evasion, the Commissioner shall continue the investigation and notify the administering authority pending a final determination under subsection (b)(2)(B). (3) Effect of affirmative final determination If the Commissioner makes a final determination in accordance with subsection (b)(2)(B) that covered merchandise was entered into the customs territory of the United States through evasion, the Commissioner shall— (A) suspend or continue to suspend, as the case may be, the liquidation of each entry of the covered merchandise that is subject to the determination and that enters on or after the date of the determination and, pursuant to the Commissioner’s authority under section 504(b), extend or continue to extend, as the case may be, the liquidation of each entry of the covered merchandise that is subject to the determination and that entered prior to the date of the determination; (B) notify the administering authority of the determination and request that the administering authority— (i) identify the applicable antidumping or countervailing duty assessment rate for the entries for which liquidation is suspended under paragraph (1)(A) or subparagraph (A) of this paragraph; or (ii) if no such assessment rates are available at the time, identify the applicable cash deposit rate to be applied to the entries described in subparagraph (A), with the applicable antidumping or countervailing duty assessment rates to be provided as soon as such rates become available; (C) require the posting of cash deposits and assess duties on each entry of merchandise described in subparagraph (A) in accordance with the instructions received from the administering authority under paragraph (5); (D) review and reassess the amount of bond or other security the importer is required to post for merchandise described in subparagraph (A) to ensure the protection of revenue and compliance with the law; and (E) take such additional enforcement measures as the Commissioner determines appropriate, such as— (i) initiating proceedings under section 592 or 596; (ii) implementing, in consultation with the relevant Federal agencies, rule sets or modifications to rules sets for identifying, particularly through the Automated Targeting System and the Automated Commercial Environment, importers, other parties, and merchandise that may be associated with evasion; (iii) requiring, with respect to merchandise for which the importer has repeatedly provided incomplete or erroneous entry summary information in connection with determinations of evasion, the importer to submit entry summary documentation and to deposit estimated duties at the time of entry; (iv) referring the record in whole or in part to U.S. Immigration and Customs Enforcement for civil or criminal investigation; and (v) transmitting the administrative record to the administering authority for further appropriate proceedings. (4) Effect of negative final determination If the Commissioner makes a final determination in accordance with subsection (b)(2)(B) that covered merchandise was not entered into the customs territory of the United States through evasion, the Commissioner shall terminate the suspension of liquidation pursuant to paragraph (1)(A) and refund any cash deposits collected pursuant to paragraph (1)(C) that are in excess of the cash deposit rate that would otherwise have been applicable the merchandise. (5) Cooperation of administering authority (A) In general Upon receiving a notification from the Commissioner under paragraph (3)(B), the administering authority shall promptly provide to the Commissioner the applicable cash deposit rates and antidumping or countervailing duty assessment rates and any necessary liquidation instructions. (B) Special rule for cases in which the producer or exporter is unknown If the Commissioner and administering authority are unable to determine the producer or exporter of the merchandise with respect to which a notification is made under paragraph (3)(B), the administering authority shall identify, as the applicable cash deposit rate or antidumping or countervailing duty assessment rate, the cash deposit or duty (as the case may be) in the highest amount applicable to any producer or exporter, including the all-others rate of the merchandise subject to an antidumping order or countervailing duty order under section 736 or 706, respectively, or a finding issued under the Antidumping Act, 1921, or any administrative review conducted under section 751. (d) Special rules (1) Effect on other authorities Neither the initiation of an investigation under subsection (b)(1) nor a preliminary determination or a final determination under subsection (b)(2) shall affect the authority of the Commissioner— (A) to pursue such other enforcement measures with respect to the evasion of antidumping or countervailing duties as the Commissioner determines necessary, including enforcement measures described in clauses (i) through (iv) of subsection (c)(3)(E); or (B) to assess any penalties or collect any applicable duties, taxes, and fees, including pursuant to section 592. (2) Effect of determinations on fraud actions Neither a preliminary determination nor a final determination under subsection (b)(2) shall be determinative in a proceeding under section 592. (3) Negligence or intent The Commissioner shall investigate and make a preliminary determination or a final determination under this section with respect to whether a person has entered covered merchandise into the customs territory of the United States through evasion without regard to whether the person— (A) intended to violate an antidumping duty order or countervailing duty order under section 736 or 706, respectively, or a finding issued under the Antidumping Act, 1921; or (B) exercised reasonable care with respect to avoiding a violation of such an order or finding. . (b) Technical amendment Clause (ii) of section 777(b)(1)(A) of the Tariff Act of 1930 ( 19 U.S.C. 1677f(b)(1)(A) ) is amended to read as follows: (ii) to an officer or employee of U.S. Customs and Border Protection who is directly involved in conducting an investigation regarding fraud under this title or claims of evasion under section 516B. . (c) Judicial review Section 516A(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is amended— (1) in subparagraph (A)— (A) in clause (i)(III), by striking or at the end; (B) in clause (ii), by adding or at the end; and (C) by inserting after clause (ii) the following: (iii) the date of publication in the Federal Register of a determination described in clause (ix) of subparagraph (B), ; and (2) in subparagraph (B), by adding at the end the following new clause: (ix) A determination by the Commissioner responsible for U.S. Customs and Border Protection under section 516B that merchandise has been entered into the customs territory of the United States through evasion. . (d) Finality of determinations Section 514(b) of the Tariff Act of 1930 (19 U.S.C. 1514(b)) is amended by striking section 303 and all that follows through which are reviewable and inserting section 516B or title VII that are reviewable . 102. Application to 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 ( 19 U.S.C. 3438 ), the amendments made by this title shall apply with respect to goods from Canada and Mexico. II Other matters 201. Definitions In this title, the terms appropriate congressional committees , Commissioner , covered merchandise , enter and entry , and evade and evasion have the meanings given those terms in section 516B(a) of the Tariff Act of 1930 (as added by section 101 of this Act). 202. Allocation of U.S. Customs and Border Protection personnel (a) Reassignment and allocation The Commissioner shall, to the maximum extent possible, ensure that U.S. Customs and Border Protection— (1) employs sufficient personnel who have expertise in, and responsibility for, preventing the entry of covered merchandise into the customs territory of the United States through evasion; and (2) on the basis of risk assessment metrics, assigns sufficient personnel with primary responsibility for preventing the entry of covered merchandise into the customs territory of the United States through evasion to the ports of entry in the United States at which the Commissioner determines potential evasion presents the most substantial threats to the revenue of the United States. (b) Commercial enforcement officers Not later than 30 days after the enactment of this Act, the Secretary of Homeland Security, the Commissioner, and the Assistant Secretary for U.S. Immigration and Customs Enforcement shall assess and properly allocate the resources of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement— (1) to effectively implement the provisions of, and amendments made by, this Act; and (2) to improve efforts to investigate and combat evasion. 203. Regulations (a) In general Not later than 240 days after the date of the enactment of this Act, the Commissioner shall issue regulations to carry out this title and the amendments made by title I. (b) Cooperation between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and Department of Commerce Not later than 240 days after the date of the enactment of this Act, the Commissioner, the Assistant Secretary for U.S. Immigration and Customs Enforcement, and the Secretary of Commerce shall establish procedures to ensure maximum cooperation and communication between U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Department of Commerce in order to quickly, efficiently, and accurately investigate allegations of evasion under section 516B of the Tariff Act of 1930 (as added by section 101 of this Act). 204. Annual report on prevention of evasion of antidumping and countervailing duty orders (a) In general Not later than February 28 of each year, beginning in 2015, the Commissioner, in consultation with the Secretary of Commerce, shall submit to the appropriate congressional committees a report on the efforts being taken pursuant to section 516B of the Tariff Act of 1930 (as added by section 101 of this Act) to prevent the entry of covered merchandise into the customs territory of the United States through evasion. (b) Contents Each report required under subsection (a) shall include— (1) for the fiscal year preceding the submission of the report— (A) the number and a brief description of petitions and referrals received pursuant to section 516B(b)(1) of the Tariff Act of 1930 (as added by section 101 of this Act); (B) the results of the investigations initiated under such section, including any related enforcement actions, and the amount of antidumping and countervailing duties collected as a result of those investigations; and (C) to the extent appropriate, a summary of the efforts of U.S. Customs and Border Protection, other than efforts initiated pursuant section 516B of the Tariff Act of 1930 (as added by section 101 of this Act), to prevent the entry of covered merchandise into the customs territory of the United States through evasion; and (2) for the 3 fiscal years preceding the submission of the report, an estimate of— (A) the amount of covered merchandise that entered the customs territory of the United States through evasion; and (B) the amount of duties that could not be collected on such merchandise because the Commissioner did not have the authority to reliquidate the entries of such merchandise. 205. Government Accountability Office report on reliquidation authority Not later than 60 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees, and make available to the public, a report estimating the amount of duties that could not be collected on covered merchandise that entered the customs territory of the United States through evasion during fiscal years 2011 and 2012 because the Commissioner did not have the authority to reliquidate the entries of such merchandise.

https://www.govinfo.gov/content/pkg/BILLS-113hr1440ih/xml/BILLS-113hr1440ih.xml

113-hr-1441

I 113th CONGRESS 1st Session H. R. 1441 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Luetkemeyer (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for background checks of persons working in the electronic life safety and security systems industry, and for other purposes. 1. Short title This Act may be cited as the Electronic Life Safety and Security Systems Federal Background Check Act of 2013 . 2. Electronic life safety and security systems Federal background checks (a) Findings Congress finds the following: (1) The electronic life safety and security systems industry performs critical security installation and protection for much of the infrastructure in the United States and provides commercial buildings, public agencies and residences with alarm and security systems that are an important part of homeland security and anti-crime and terrorist prevention. (2) The electronic life safety and security systems industry includes central monitoring stations and individual employer-owned companies and other private sector businesses that install alarm and security systems in infrastructure of the United States. (3) Some States do not provide for any licensing or regulation requirement that includes a State or Federal background check on employees of the companies involved in the electronic life safety and security systems industry. (4) Many employees in the electronic life safety and security systems industry travel across State lines to install systems and may or may not be required to undergo Federal background checks as a condition of employment and in some cases there may be background check requirements at the State level or duplicated background checks at the county or city levels. (b) Definitions In this section: (1) Electronic life safety and security systems industry The term electronic life safety and security systems industry means businesses that provide electronic life safety and security systems installation and central monitoring of fire and burglar alarm systems to public or private entities, including fire alarms, burglar alarms, smoke detection, closed-circuit TV, biometric systems, access control systems, personal emergency response systems, and other crime prevention systems. (2) Employee The term employee means an individual employed in the electronic life safety and security systems industry. (3) Prospective employee The term prospective employee means an individual seeking employment in the electronic life safety and security systems industry. (4) Covered entity The term “covered entity” means any employer in the electronic life safety and security systems industry. (c) Purpose The purpose of this section is to facilitate widespread access to State and national criminal history background checks, not otherwise authorized by Federal or State law, on employees and prospective employees in the electronic life safety and security systems industry. (d) Establishment of background check (1) In general Not later than 180 days after the date of the enactment of this Act, the Attorney General shall establish a method to permit covered entities to request a fitness determination by a governmental entity based on State and Federal fingerprint-based criminal history background checks, in accordance with the information contained in records acquired under section 534 of title 28, United States Code. (2) Duties The Attorney General shall— (A) inform covered entities about how to request background checks— (i) for covered entities located in a State with a qualified State program, as determined by the Attorney General, by referring the covered entities to the State authorized agency; and (ii) for covered entities located in a State without a qualified State program, as determined by the Attorney General, by providing information on alternative methods of obtaining a background check; (B) complete a check of the national criminal history records system; (C) establish procedures for the secure receipt of criminal history records; (D) make determinations regarding whether the criminal history records received in response to a background check conducted under this section indicate, that the employee or prospective employee has a criminal history that may bear on the employee’s or prospective employee’s fitness for employment in the electronic life safety and security systems industry, based on whether the employee or prospective employee has, during the 10-year period before the background check is conducted, been convicted of or imprisoned for a felony or an offense involving dishonesty or false statement or the use of force against the person of another; and (E) convey to the covered entity requesting the background check, the fitness determination of the employee or prospective employee. (3) Provision of records to employees and prospective employees and opportunity to challenge or withdraw consent (A) In general When the Attorney General makes a determination under paragraph (2) that an employee’s or prospective employee’s criminal history may bear on that employee’s or prospective employee’s fitness for employment, the Attorney General shall provide the employee or prospective employee with the criminal history records of the employee or prospective employee and a detailed notification of the rights of the employee or prospective employee under this paragraph. (B) Opportunity to challenge or withdraw consent An employee or prospective employee described in subparagraph (A) may challenge the accuracy or completeness of any information in the criminal history record or to withdraw consent to participate in the fitness determination under procedures the Attorney General shall establish. (4) Fees The Attorney General shall collect from an employer requesting a fitness determination under this section a fee to offset the costs of carrying out the duties described in this section, including this subsection, in an amount equal to the sum of the actual cost of conducting the fitness determination and other criteria. (e) Privacy of information (1) Prohibition on unauthorized disclosure or use of criminal history records Except for an employee or prospective employee, any entity or individual authorized to receive or transmit fingerprints or criminal history records under this section— (A) shall use the fingerprints, criminal history records, or information in the criminal history records only for the purposes specifically set forth in this section; and (B) shall maintain adequate security measures to ensure the confidentiality of the fingerprints, the criminal history records, and the information in the criminal history records. (2) Compliance The Attorney General shall issue regulations— (A) to ensure the enforcement of the nondisclosure requirements under paragraph (1) and to provide for appropriate sanctions in the case of violations of the requirements; and (B) to ensure the non-retention of fingerprints and records obtained under this section by entities outside the Department of Justice for periods longer than those necessary to carry out the functions for which the records were obtained.

https://www.govinfo.gov/content/pkg/BILLS-113hr1441ih/xml/BILLS-113hr1441ih.xml

113-hr-1442

I 113th CONGRESS 1st Session H. R. 1442 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Markey 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 amend the Healthy Forests Restoration Act of 2003 to improve the response to insect infestations and related diseases and to change the funding source for the Healthy Forests Reserve Program, to codify the stewardship end result contracting and good neighbor authorities, and to amend the emergency watershed protection program to improve post fire rehabilitation, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Depleting Risk from Insect Infestation, Soil Erosion, and Catastrophic Fire Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Amendments to Healthy Forests Restoration Act of 2003 Response Subtitle A—Response to Insect Infestations and Related Diseases Sec. 101. Insect infestations and related diseases. Sec. 102. Change in funding source for healthy forests reserve program. Subtitle B—Stewardship End Result Contracting Sec. 121. Stewardship end result contracting projects. Subtitle C—Good Neighbor Authority Sec. 141. Good neighbor authority. Title II—Post Fire Rehabilitation Sec. 201. Emergency watershed protection program. I Amendments to Healthy Forests Restoration Act of 2003 Response A Response to Insect Infestations and Related Diseases 101. Insect infestations and related diseases (a) Findings and purposes Section 401 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6551 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (3) through (12) as paragraphs (4) through (13), respectively; and (B) by inserting after paragraph (2) the following: (3) the mountain pine beetle is— (A) threatening and ravaging forests throughout the Western region of the United States, including Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, and South Dakota; (B) reaching epidemic populations and severely impacting over 41,000,000 acres in western forests; and (C) deteriorating forest health in national forests and, when combined with drought, disease, and storm damage, is resulting in extreme fire hazards in national forests across the Western United States and endangering the economic stability of surrounding adjacent communities, ranches, and parks; ; and (2) in subsection (b)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) to provide for designation of treatment areas pursuant to section 405. . (b) Designation of treatment areas Title IV of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6551 et seq. ) is amended— (1) by redesignating sections 405 and 406 ( 16 U.S.C. 6555 , 6556) as sections 406 and 407, respectively; and (2) by inserting after section 404 ( 16 U.S.C. 6554 ) the following: 405. Designation of insect and disease treatment and research pilot program areas (a) Designation of treatment areas Not later than 60 days after the date of enactment of the Depleting Risk from Insect Infestation, Soil Erosion, and Catastrophic Fire Act , the Secretary, in consultation with the Governor of each State, shall designate as part of an insect and disease treatment and research pilot program 1 or more subwatersheds (sixth-level hydrologic units, according to the System of Hydrologic Unit Codes of the United States Geological Survey) in at least 1 national forest in each State that is experiencing an insect or disease epidemic. (b) Requirements A subwatershed designated under subsection (a) shall be— (1) experiencing substantially increased tree mortality due to insect or disease infestation, based on annual forest health surveys conducted by the Secretary; (2) at risk of experiencing substantially increased tree mortality over the next 15 years due to insect or disease infestation, based on the most recent National Insect and Disease Risk Map published by the Forest Service; or (3) in an area in which the risk of hazard trees poses an imminent risk to public infrastructure, health, or safety. (c) Treatment areas (1) In general The Secretary may carry out priority projects on Federal land in the subwatersheds designated under subsection (a) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the subwatersheds. (2) Authority Any project under paragraph (1) for which a public notice to initiate scoping is issued on or before September 30, 2017, may be carried out in accordance with subsections (b), (c), (d), and (g) of section 102, and sections, 104, 105, 106, and 401. (3) Effect Projects carried out under this subsection shall be considered authorized hazardous fuel reduction projects for purposes of the authorities described in paragraph (2). (4) Report Not later than September 30, 2017, the Secretary shall issue a report that includes— (A) an evaluation of the progress towards project goals; and (B) recommendations for modifications to the projects and management treatments. (d) Tree retention The Secretary shall carry out projects under subsection (c) in a manner that maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease. . (c) Authorization of appropriations Section 407 of the Healthy Forests Restoration Act of 2003 (as redesignated by subsection (b)(1)) is amended by striking 2008 and inserting 2017 . 102. Change in funding source for healthy forests reserve program Section 508 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6578 ) is amended— (1) in subsection (a), by striking In general and inserting Fiscal years 2009 through 2012 ; (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following: (b) Fiscal years 2014 through 2017 There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $9,750,000 for each of fiscal years 2014 through 2017. (c) Additional source of funds In addition to funds appropriated pursuant to the authorization of appropriations in subsection (b) for a fiscal year, the Secretary may use such amount of the funds appropriated for that fiscal year to carry out the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590a et seq. ) as the Secretary determines necessary to cover the cost of technical assistance, management, and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections (a) and (b) of section 504. . B Stewardship End Result Contracting 121. Stewardship end result contracting projects (a) In general Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 ) is amended by adding at the end the following: 602. Stewardship end result contracting projects (a) Definitions In this section: (1) Chief The term Chief means the Chief of the Forest Service. (2) Director The term Director means the Director of the Bureau of Land Management. (b) Projects The Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs. (c) Land management goals The land management goals of a project under subsection (b) may include— (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing. (d) Agreements or contracts (1) Procurement procedure A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. (2) Contract for sale of property A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. (3) Term (A) In general Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 of title 41, United States Code. (B) Maximum The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. (4) Offsets (A) In general The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). (B) Methods of appraisal The value of timber or other forest products used as an offset under subparagraph (A)— (i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and (ii) may— (I) be determined using a unit of measure appropriate to the contracts; and (II) include valuing products on a per-acre basis. (5) Relation to other laws Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ), the Chief may enter into an agreement or contract under subsection (b). (6) Contracting officer Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). (e) Receipts (1) In general The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. (2) Use Monies from an agreement or contract under subsection (b)— (A) may be retained by the Chief and the Director; and (B) shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. (3) Relation to other laws (A) In general Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. (B) Knutson-Vanderberg Act The Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act ) (16 U.S.C. 576 et seq.) shall not apply to any agreement or contract under subsection (b). (f) Costs of removal Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under— (1) the Act of August 11, 1916 ( 16 U.S.C. 490 ); and (2) the Act of June 30, 1914 ( 16 U.S.C. 498 ). (g) Performance and payment guarantees (1) In general The Chief and the Director may require performance and payment bonds under sections 28.103–2 and 28.103–3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). (2) Excess offset value If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director may— (A) collect any residual receipts under the Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act ) (16 U.S.C. 576 et seq.); and (B) apply the excess to other authorized stewardship projects. (h) Monitoring and evaluation (1) In general The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. (2) Participants Other than the Chief and Director, participants in the process described in paragraph (1) may include— (A) any cooperating governmental agencies, including tribal governments; and (B) any other interested groups or individuals. (i) Reporting Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives on— (1) the status of development, execution, and administration of agreements or contracts under subsection (b); (2) the specific accomplishments that have resulted; and (3) the role of local communities in the development of agreements or contract plans. . (b) Repeal of superseded program Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 2104 note; Public Law 105–277) is repealed. C Good Neighbor Authority 141. Good neighbor authority (a) Definitions In this section: (1) Authorized restoration services The term authorized restoration services means similar and complementary forest, rangeland, and watershed restoration services carried out on adjacent Federal land and non-Federal land by either the Secretary or a Governor pursuant to— (A) a good neighbor agreement; and (B) a cooperative agreement or contract entered into under subsection (c). (2) Federal land (A) In general The term Federal land means the following land in a State located in whole or in part west of the 100th meridian: (i) National Forest System land. (ii) Public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )). (B) Exclusions The term Federal land does not include— (i) a component of the National Wilderness Preservation System, National Wild and Scenic Rivers System, National Trails System, or National Landscape Conservation System; (ii) a National Monument, National Preserve, National Scenic Area, or National Recreation Area; or (iii) a wilderness study area. (3) Forest, rangeland, and watershed restoration services The term forest, rangeland, and watershed restoration services means— (A) activities to treat insect- and disease-infected trees; (B) activities to reduce hazardous fuels; (C) activities to maintain roads and trails that cross a boundary between Federal land and non-Federal land; and (D) any other activities to restore or improve forest, rangeland, or watershed health, including fish and wildlife habitat. (4) Good neighbor agreement The term good neighbor agreement means— (A) a nonfunding master cooperative agreement entered into between the Secretary and a Governor under chapter 63 of title 31, United States Code; or (B) a memorandum of agreement or understanding entered into between the Secretary and a Governor. (5) Governor The term Governor means the Governor or any other appropriate executive official of an affected State. (6) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to Bureau of Land Management land. (b) Good neighbor agreements (1) In general The Secretary may enter into a good neighbor agreement with a Governor to coordinate the procurement and implementation of authorized restoration services in accordance with this section. (2) Public notice and comment The Secretary shall make each good neighbor agreement available to the public. (c) Task orders, contracts, and cooperative agreements (1) In general The Secretary may issue a task order for, or enter into a contract (including a sole source contract) or cooperative agreement with, a Governor to carry out authorized restoration services. (2) Requirements Each task order, contract, or cooperative agreement entered into under paragraph (1) shall be executed in accordance with— (A) chapter 63 of title 31, United States Code; and (B) the applicable good neighbor agreement. (d) Contract and subcontract requirements (1) Requirements for services on Federal land (A) In general For authorized restoration services carried out on Federal land under subsection (c), each contract and subcontract issued under the authority of a Governor shall include the provisions described in subparagraph (B) that would have been included in the contract had the Secretary been a party to the contract. (B) Applicable provisions The provisions referred to in subparagraph (A) are provisions for— (i) wages and benefits for workers employed by contractors and subcontractors required by— (I) subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code; and (II) chapter 6 of title 41, United States Code; (ii) nondiscrimination; and (iii) worker safety and protection. (2) Requirements for small businesses Each contract and subcontract for authorized restoration services under subsection (c) shall comply with provisions for small business assistance and protection that would have been applicable to the contract had the Secretary been a party to the contract. (3) Liability The Secretary shall include provisions in each good neighbor agreement, contract, or cooperative agreement, as appropriate, governing the potential liability of the State and the Secretary for actions carried out under this Act. (e) Termination of effectiveness (1) In general The authority of the Secretary to enter into cooperative agreements and contracts under this section terminates on September 30, 2019. (2) Contract date The termination date of a cooperative agreement or contract entered into under this section shall not extend beyond September 30, 2020. (3) Consolidated authority (A) Federal and State cooperative watershed restoration and protection in Colorado Section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( Public Law 106–291 ; 114 Stat. 996) is repealed. (B) Federal and State cooperative forest, rangeland, and watershed restoration in Utah Section 337 of the Department of the Interior and Related Agencies Appropriations Act, 2005 ( Public Law 108–447 ; 118 Stat. 3102) is repealed. (4) Existing contracts Nothing in the amendments made by this section affects contracts in effect on the day before the date of enactment of this Act. II Post Fire Rehabilitation 201. Emergency watershed protection program Section 403 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2203 ) is amended by adding at the end the following new sentence: In evaluating landowner and land user applications for assistance under this section, the Secretary shall give priority consideration to applications submitted by landowners and land users for runoff retardation and soil-erosion preventive measures needed to remediate the effects of catastrophic wildfire on Federal land that is the source of drinking water for the landowners and land users. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1442ih/xml/BILLS-113hr1442ih.xml

113-hr-1443

I 113th CONGRESS 1st Session H. R. 1443 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Michaud introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to recognize tinnitus as a mandatory condition for research and treatment by the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Tinnitus Research and Treatment Act of 2013 . 2. Recognition and treatment of tinnitus at Department of Veterans Affairs Auditory Centers of Excellence The Secretary of Veterans Affairs shall recognize tinnitus as a mandatory condition for research and treatment by the Department of Veterans Affairs Auditory Centers of Excellence. 3. Research on prevention and treatment of tinnitus The Secretary of Veterans Affairs shall ensure that research is conducted at Department of Veterans Affairs facilities on the prevention and treatment of tinnitus. Such research shall include— (1) an assessment of the efficacy of multidisciplinary tinnitus treatment modalities on different subsets of patients; (2) studies on the underlying etiology of tinnitus in veteran populations that occur as a result of different causal factors, including blast-related tinnitus where there is no measurable hearing loss versus other forms of noise-induced tinnitus where there is hearing loss; and (3) a study of the underlying mechanisms between hearing loss and tinnitus, including cases in which one or the other condition is present, but not both. 4. Interdepartmental cooperation The Secretary of Veterans Affairs shall ensure the cooperation of the Department of Veterans Affairs with the Hearing Center of Excellence established by the Department of Defense to further research on tinnitus.

https://www.govinfo.gov/content/pkg/BILLS-113hr1443ih/xml/BILLS-113hr1443ih.xml

113-hr-1444

I 113th CONGRESS 1st Session H. R. 1444 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Owens (for himself, Mr. Hanna , and Mr. Welch ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To improve the H–2A agricultural worker program for use by dairy workers, sheepherders, and goat herders, and for other purposes. 1. Short title This Act may be cited as the H–2A Improvement Act . 2. Nonimmigrant status for dairy workers, sheepherders, and goat herders Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ) is amended by inserting who is coming temporarily to the United States to perform agricultural labor or services as a dairy worker, sheepherder, or goat herder, or after abandoning . 3. Special rules for aliens employed as dairy workers, sheepherders, or goat herders Section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ) is amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: (h) Special rules for aliens employed as dairy workers, sheepherders, or goat herders (1) In general Notwithstanding any other provision of this Act, an alien admitted as a nonimmigrant under section 101(a)(15)(H)(ii)(a) for employment as a dairy worker, sheepherder, or goat herder— (A) may be admitted for an initial period of 3 years; and (B) subject to paragraph (3)(E), may have such initial period of admission extended for an additional period of up to 3 years. (2) Exemption from temporary or seasonal requirement Notwithstanding section 101(a)(15)(H)(ii)(a), an employer filing a petition to employ H–2A workers in positions as dairy workers, sheepherders, or goat herders shall not be required to show that such positions are of a seasonal or temporary nature. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1444ih/xml/BILLS-113hr1444ih.xml

113-hr-1445

I 113th CONGRESS 1st Session H. R. 1445 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Pallone (for himself, Mr. Bishop of New York , Mr. Runyan , Mr. Grimm , and Mr. LoBiondo ) introduced the following bill; which was referred to the Committee on Appropriations , 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 Making supplemental appropriations for the National Oceanic and Atmospheric Administration for fisheries disasters, 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 Commerce National Oceanic and Atmospheric Administration Operations, Research, and Facilities For an additional amount for Operations, Research, and Facilities for necessary expenses related to fishery disasters during calendar year 2012 that were declared by the Secretary of Commerce as a direct result of impacts from Hurricane Sandy, $193,000,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. This Act may be cited as the Sandy Disaster Fisheries Relief Act .

https://www.govinfo.gov/content/pkg/BILLS-113hr1445ih/xml/BILLS-113hr1445ih.xml

113-hr-1446

I 113th CONGRESS 1st Session H. R. 1446 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Posey (for himself, Ms. Jackson Lee , Mr. Wolf , Mr. Culberson , Mr. Aderholt , Mr. Stockman , Mr. Olson , Mr. Bishop of Utah , and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To direct the National Aeronautics and Space Administration to plan to return to the Moon and develop a sustained human presence on the Moon. 1. Short title This Act may be cited as the Reasserting American Leadership in Space Act or the REAL Space Act . 2. Findings Congress finds the following: (1) The 109th Congress passed the National Aeronautics and Space Administration Authorization Act of 2005 overwhelmingly, establishing as the National Aeronautics and Space Administration’s priority human space flight goal: To develop a sustained human presence on the Moon . . . to promote exploration, commerce, science, and United States preeminence in space as a stepping stone for the future exploration of Mars and other destinations. . (2) The 110th Congress overwhelmingly reaffirmed the vision of returning to the Moon as an integral part of exploring further into our solar system through the passage of the National Aeronautics and Space Administration Authorization Act of 2008, expressing support for the broad goals of the space exploration policy of the United States, including the eventual return to and exploration of the Moon and other destinations in the solar system and the important national imperative of independent access to space . (3) The 111th Congress, in the National Aeronautics and Space Administration Authorization Act of 2010, called for the development of a heavy lift capability of greater than 130 metric tons consisting of the Space Launch System (SLS) and Multi-Purpose Crew Vehicle (MPCV) to pursue exploration, yet fell short on explicitly stating a clear destination. (4) The 112th Congress has reaffirmed this commitment to the development of a heavy lift capability. (5) A sustained human presence on the Moon will allow astronauts and researchers the opportunity to leverage new technologies in addressing the challenges of sustaining life on another celestial body, lessons which are necessary and applicable as we explore further into our solar system, to Mars and beyond. (6) A sustained human presence on the Moon would once again inspire and engage public interest in our space program, motivating young people to excel in the vital subjects of math and science, subjects in which American students lag behind our international competitors. (7) A sustained human presence on the Moon would challenge American industry to continue to develop technologies that not only enhance our exploration programs but can be applied across all disciplines of science. (8) The commercial applications of space technologies have had tens of billions of dollars in economic impact, including products from semiconductors and aircraft controls to scratch-resistant lenses and water purification systems. (9) The healthcare technologies derived from our space program, such as the portable x-ray machine, the MRI, advanced life-saving diagnostics, and the implantable heart aid, have saved and improved countless lives. (10) Space is the world’s ultimate high ground, returning to the Moon and reinvigorating our human space flight program is a matter of national security. (11) Technologies developed and sustained by the National Aeronautics and Space Administration’s human space flight program, such as liquid and solid rocket propulsion, environmental and life support systems, and communications, navigation, and control systems are important to our military. (12) China and Russia, understanding the economic and strategic importance of human space flight, have declared their intentions of colonizing the Moon and are advancing their lunar exploration plans. (13) It is strategically important that the United States possess and maintain the capabilities of unfettered operation in the space domain, and not cede the space domain to other nations. 3. Mission In accordance with the National Aeronautics and Space Administration Authorization Act of 2005, which established as the National Aeronautics and Space Administration’s priority goal: To develop a sustained human presence on the Moon . . . to promote exploration, commerce, science, and United States preeminence in space as a stepping stone for the future exploration of Mars and other destinations. , and in accordance with the National Aeronautics and Space Administration Authorization Act of 2008, which endorsed the broad goals of the space exploration policy of the United States, including the eventual return to and exploration of the Moon and other destinations in the solar system and the important national imperative of independent access to space , the National Aeronautics and Space Administration shall plan to return to the Moon by 2022 and develop a sustained human presence on the Moon, in order to promote exploration, commerce, science, and United States preeminence in space as a stepping stone for the future exploration of Mars and other destinations. The budget requests and expenditures of the National Aeronautics and Space Administration shall be consistent with achieving this goal.

https://www.govinfo.gov/content/pkg/BILLS-113hr1446ih/xml/BILLS-113hr1446ih.xml

113-hr-1447

I 113th CONGRESS 1st Session H. R. 1447 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Scott of Virginia (for himself and Mr. Conyers ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies, and for other purposes. 1. Short title This Act may be cited as the Death in Custody Reporting Act of 2013 . 2. State information regarding individuals who die in the custody of law enforcement (a) In General For each fiscal year after the expiration of the period specified in subsection (c)(1) in which a State receives funds for a program referred to in subsection (c)(2), the State shall report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding the death of any person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, State-run boot camp prison, boot camp prison that is contracted out by the State, any State or local contract facility, or other local or State correctional facility (including any juvenile facility). (b) Information required The report required by this section shall contain information that, at a minimum, includes— (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of death; (3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and (4) a brief description of the circumstances surrounding the death. (c) Compliance and Ineligibility (1) Compliance date Each State shall have not more than 120 days from the date of enactment of this Act to comply with subsection (a), except that— (A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (d) Reallocation Amounts not allocated under a program referred to in subsection (c)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. (e) Definitions In this section the terms boot camp prison and State have the meaning given those terms, respectively, in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791(a) ). (f) Study and report of information relating to deaths in custody (1) Study required The Attorney General shall carry out a study of the information reported under subsection (b) and section 3(a) to— (A) determine means by which such information can be used to reduce the number of such deaths; and (B) examine the relationship, if any, between the number of such deaths and the actions of management of such jails, prisons, and other specified facilities relating to such deaths. (2) Report Not later than 2 years after the date of the enactment of this Act, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by paragraph (1). 3. Federal law enforcement death in custody reporting requirement (a) In general For each fiscal year (beginning after the date that is 120 days after the date of the enactment of this Act), the head of each Federal law enforcement agency shall submit to the Attorney General a report (in such form and manner specified by the Attorney General) that contains information regarding the death of any person who is— (1) detained, under arrest, or is in the process of being arrested by any officer of such Federal law enforcement agency (or by any State or local law enforcement officer while participating in and for purposes of a Federal law enforcement operation, task force, or any other Federal law enforcement capacity carried out by such Federal law enforcement agency); or (2) en route to be incarcerated or detained, or is incarcerated or detained at— (A) any facility (including any immigration or juvenile facility) pursuant to a contract with such Federal law enforcement agency; (B) any State or local government facility used by such Federal law enforcement agency; or (C) any Federal correctional facility or Federal pre-trial detention facility located within the United States. (b) Information required Each report required by this section shall include, at a minimum, the information required by section 2(b). (c) Study and report Information reported under subsection (a) shall be analyzed and included in the study and report required by section 2(f).

https://www.govinfo.gov/content/pkg/BILLS-113hr1447ih/xml/BILLS-113hr1447ih.xml

113-hr-1448

I 113th CONGRESS 1st Session H. R. 1448 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Austin Scott of Georgia (for himself, Mr. Broun of Georgia , Mr. Westmoreland , Mr. Rogers of Alabama , Mr. Yoho , Mr. McIntyre , Mr. Kingston , and Mr. Crawford ) 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 increase the aggregate reduction in the fair market value of farm, etc., real property under section 2032A to $2,000,000, and for other purposes. 1. Short title This Act may be cited as the Farmers and Ranchers Minimizing Estate Regulations Act of 2013 or the FARMER Act of 2013 . 2. Modifications to alternate valuation of farm, etc., real property (a) Maximum reduction increased to $2,000,000 (1) In general Paragraph (2) of section 2032A(a) of the Internal Revenue Code of 1986 (relating to limitation on aggregate reduction in fair market value) is amended by striking $750,000 and inserting $2,000,000 . (2) Conforming amendment The first sentence of section 2032A(a)(3) of such Code is amended to read as follows: In the case of estates of decedents dying in a calendar year after 2012, the $2,000,000 amount contained in paragraph (2) shall be increased by an amount equal to— (A) $2,000,000, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2011 for calendar year 1992 in subparagraph (B) thereof. . (b) Reduction in required holding and use periods of decedent Subparagraph (C) of section 2032A(b)(1) of such Code is amended— (1) by striking 8-year period and inserting 5-year period , and (2) by striking 5 years and inserting 3 years . (c) Reduction in required holding and use periods To avoid recapture (1) In general Paragraph (1) of section 2032A(c) of such Code is amended— (A) by striking 10 years and inserting 5 years , and (B) by striking subparagraph (B) and inserting the following new subparagraph: (B) there have been periods aggregating 3 years or more during which the qualified heir does not use for the qualified use the qualified real property which was acquired (or passed) from the decedent, . (2) Conforming amendment Clause (ii) of section 2032A(c)(7)(A) of such Code is amended by striking 10-year and inserting 5-year . (d) Certain rents from controlled entities treated as qualified Subparagraph (E) of section 2032A(c)(7) of such Code is amended by inserting (or to an entity more than 50 percent (by vote and value) of the equity interests in which are owned directly by members of such family) after descendant . (e) Repeal of use of gross cash rental of comparable land in valuing farms (1) In general Subparagraphs (A) and (B) of section 2032A(e)(7) of such Code (relating to method of valuing farms) are amended to read as follows: (A) In general The value of a farm for farming purposes shall be determined by dividing— (i) the excess of the average annual net share rental for comparable land used for farming purposes and located in the locality of such farm over the average annual State and local real estate taxes for such comparable land, by (ii) the average annual effective interest rate for all new Federal Land Bank loans. For purposes of the preceding sentence, the average annual net share rental computation shall be made on the basis of the 5 most recent calendar years ending before the date of the decedent's death. (B) Net share rental For purposes of this paragraph, the term net share rental means the excess of— (i) the value of the produce received by the lessor of the land on which such produce is grown, over (ii) the cash operating expenses of growing such produce which, under the lease, are paid by the lessor. . (2) Conforming amendment Subparagraph (C) of section 2032A(e)(7) of such Code is amended by striking that there is no comparable land from which the average annual gross cash rental may be determined, and . (f) Effective date The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. 3. Woodlands subject to management plan (a) In general Paragraph (2) of section 2032A(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (F) Exception for woodlands subject to management plan Subparagraph (E) shall not apply to any disposition or severance of standing timber on a qualified woodland if the harvest is— (i) consistent with a written forest management plan developed under the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103a ), or an equivalent plan approved by the State Forester, (ii) conducted under the guidance of a qualified forestry professional (as determined by the Secretary in consultation with the United States Forest Service), or (iii) conducted on lands certified to a third-party audited forest certification system or similar land management protocol, as determined by the United States Forest Service. . (b) Effective date The amendment made by subsection (a) shall apply to the disposition or severance of standing timber after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1448ih/xml/BILLS-113hr1448ih.xml

113-hr-1449

I 113th CONGRESS 1st Session H. R. 1449 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Sessions (for himself and Ms. Fudge ) 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 collegiate housing and infrastructure grants. 1. Short title This Act may be cited as the Collegiate Housing and Infrastructure Act of 2013 . 2. Charitable organizations permitted to make collegiate housing and infrastructure grants (a) In general Section 501 of the Internal Revenue Code of 1986 (relating to exemption from tax on corporations, certain trusts, etc.) is amended by redesignating subsection (s) as subsection (t) and by inserting after subsection (r) the following new subsection: (s) Treatment of organizations making collegiate housing and infrastructure improvement grants (1) In general For purposes of subsection (c)(3) and sections 170(c)(2)(B), 2055(a)(2), and 2522(a)(2), an organization shall not fail to be treated as organized and operated exclusively for charitable or educational purposes solely because such organization makes collegiate housing and infrastructure grants to an organization described in subsection (c)(7) which applies the grant to its collegiate housing property. (2) Housing and infrastructure grants For purposes of paragraph (1), collegiate housing and infrastructure grants are grants to provide, improve, operate, or maintain collegiate housing property that may involve more than incidental social, recreational, or private purposes, so long as such grants are for purposes that would be permissible for a dormitory or other residential facility of the college or university with which the collegiate housing property is associated. A grant shall not be treated as a collegiate housing and infrastructure grant for purposes of paragraph (1) to the extent that such grant is used to provide physical fitness facilities. (3) Collegiate housing property For purposes of this subsection, collegiate housing property is property in which, at the time of a grant or following the acquisition, lease, construction, or modification of such property using such grant, substantially all of the residents are full-time students at the college or university in the community where such property is located. (4) Grants to certain organizations holding title to property, etc For purposes of this subsection, a collegiate housing and infrastructure grant to an organization described in subsection (c)(2) or (c)(7) holding title to property exclusively for the benefit of an organization described in subsection (c)(7) shall be considered a grant to the organization described in subsection (c)(7) for whose benefit such property is held. . (b) Effective date The amendment made by this section shall apply to grants made in taxable years ending after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1449ih/xml/BILLS-113hr1449ih.xml

113-hr-1450

I 113th CONGRESS 1st Session H. R. 1450 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Sherman introduced the following bill; which was referred to the Committee on Financial Services A BILL To address the concept of Too Big To Fail with respect to certain financial entities. 1. Short title This Act may be cited as the Too Big to Fail, Too Big to Exist Act . 2. Report to Congress on institutions that are too big to fail Notwithstanding any other provision of law, not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury shall submit to Congress a list of all commercial banks, investment banks, hedge funds, and insurance companies that the Secretary believes are too big to fail, which shall include, but is not limited to, any United States bank holding companies that have been identified as systemically important banks by the Financial Stability Board (in this Act referred to as the Too Big to Fail List ). 3. Breaking-up too big to fail institutions Notwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, the Secretary of the Treasury shall break up entities included on the Too Big To Fail List, so that their failure would no longer cause a catastrophic effect on the United States or global economy without a taxpayer bailout. 4. Definition For purposes of this Act, the term Too Big to Fail means any entity that has grown so large that its failure would have a catastrophic effect on the stability of either the financial system or the United States economy without substantial Government assistance.

https://www.govinfo.gov/content/pkg/BILLS-113hr1450ih/xml/BILLS-113hr1450ih.xml

113-hr-1451

I 113th CONGRESS 1st Session H. R. 1451 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Ms. Slaughter introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 14 Main Street in Brockport, New York, as the Staff Sergeant Nicholas J. Reid Post Office Building . 1. Staff Sergeant Nicholas J. Reid Post Office Building (a) Designation The facility of the United States Postal Service located at 14 Main Street in Brockport, New York, shall be known and designated as the Staff Sergeant Nicholas J. Reid Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Staff Sergeant Nicholas J. Reid Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr1451ih/xml/BILLS-113hr1451ih.xml

113-hr-1452

I 113th CONGRESS 1st Session H. R. 1452 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Ms. Speier (for herself, Ms. Bass , Ms. Bordallo , Mr. Brady of Pennsylvania , Ms. Chu , Ms. Clarke , Mr. Connolly , Mr. Conyers , Mrs. Davis of California , Mr. Faleomavaega , Mr. Farr , Mr. Grijalva , Mr. Gutierrez , Mr. Hastings of Florida , Mr. Heck of Nevada , Mr. Honda , Ms. Lee of California , Mr. Levin , Mr. Lewis , Mr. Meeks , Mr. Moran , Mrs. Napolitano , Ms. Norton , Ms. Schakowsky , Mr. Schiff , Mr. Scott of Virginia , Ms. Wasserman Schultz , Ms. Waters , Mr. Costa , Mr. Nadler , Mr. Swalwell of California , and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to deem certain service in the organized military forces of the Government of the Commonwealth of the Philippines and the Philippine Scouts to have been active service for purposes of benefits under programs administered by the Secretary of Veterans Affairs. 1. Short title This Act may be cited as the Filipino Veterans Fairness Act of 2013 . 2. Certain service in the organized military forces of the Philippines and the Philippine Scouts deemed to be active service (a) In General Section 107 of title 38, United States Code, is amended— (1) in subsection (a)— (A) by striking not after Army of the United States, shall ; and (B) by striking , except benefits under— and all that follows in that subsection and inserting a period; (2) in subsection (b)— (A) by striking not after Armed Forces Voluntary Recruitment Act of 1945 shall ; and (B) by striking except— and all that follows in that subsection and inserting a period; (3) by amending subsection (c) to read as follows: (c) Determination of eligibility (1) In determining the eligibility of the service of an individual under this section, the Secretary shall take into account any alternative documentation regarding such service, including documentation other than the Missouri List, that the Secretary determines relevant. (2) Not later than March 1 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report that includes— (A) the number of individuals applying for benefits pursuant to this section during the previous year; and (B) the number of such individuals that the Secretary approved for benefits. ; and (4) by amending subsection (d) to read as follows: (d) Relation to Filipino Veterans Equity Compensation Fund Section 1002(h) of the American Recovery and Reinvestment Act of 2009 (title X of division A of Public Law 111–5 ; 123 Stat. 200; 38 U.S.C. 107 note) shall not apply to an individual described in subsection (a) or (b) of this section. . (b) Conforming Amendments (1) The heading of such section is amended to read as follows: 107. Certain service deemed to be active service: service in organized military forces of the Philippines and in the Philippine Scouts . (2) The item relating to such section in the table of sections at the beginning of chapter 1 of such title is amended to read as follows: 107. Certain service deemed to be active service: service in organized military forces of the Philippines and in the Philippine Scouts. . 3. Effective date (a) In general The amendments made by this Act shall take effect on the date that is 90 days after the date of the enactment of this Act. (b) Applicability No benefits shall accrue to any person for any period before the effective date of this Act by reason of the amendments made by this Act.

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113-hr-1453

I 113th CONGRESS 1st Session H. R. 1453 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Takano (for himself, Mr. Hunter , and 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 extend the authority to provide work-study allowance for certain activities by individuals receiving educational assistance by the Secretary of Veterans Affairs. 1. Short title This Act may be cited as the Work-Study for Student Veterans Act . 2. Work-study allowance Section 3485(a)(4) of title 38, United States Code, is amended by striking June 30, 2013 each place it appears and inserting June 30, 2018 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1453ih/xml/BILLS-113hr1453ih.xml

113-hr-1454

I 113th CONGRESS 1st Session H. R. 1454 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Cleaver (for himself and Mr. Graves of Missouri ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To make supplemental agricultural disaster assistance available for fiscal years 2012 and 2013, and for other purposes. 1. Supplemental agricultural disaster assistance programs (a) Definitions In this section: (1) Eligible producer on a farm (A) In general The term eligible producer on a farm means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock. (B) Description An individual or entity referred to in subparagraph (A) is— (i) a citizen of the United States; (ii) a resident alien; (iii) a partnership of citizens of the United States; or (iv) a corporation, limited liability corporation, or other farm organizational structure organized under State law. (2) Farm (A) In general The term farm means, in relation to an eligible producer on a farm, the total of all crop acreage in all counties that is planted or intended to be planted for harvest, for sale, or on-farm livestock feeding (including native grassland intended for haying) by the eligible producer. (B) Aquaculture In the case of aquaculture, the term farm means, in relation to an eligible producer on a farm, all fish being produced in all counties that are intended to be harvested for sale by the eligible producer. (C) Honey In the case of honey, the term farm means, in relation to an eligible producer on a farm, all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer. (3) Farm-raised fish The term farm-raised fish means any aquatic species that is propagated and reared in a controlled environment. (4) Livestock The term livestock includes— (A) cattle (including dairy cattle); (B) bison; (C) poultry; (D) sheep; (E) swine; (F) horses; and (G) other livestock, as determined by the Secretary. (b) Livestock indemnity payments (1) Payments For each of fiscal years 2012 and 2013, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to make livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality, as determined by the Secretary, due to— (A) attacks by animals reintroduced into the wild by the Federal Government or protected by Federal law, including wolves; or (B) adverse weather, as determined by the Secretary, during the calendar year, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold. (2) Payment rates Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 65 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary. (3) Special rule for payments made due to disease The Secretary shall ensure that payments made to an eligible producer under paragraph (1) are not made for the same livestock losses for which compensation is provided pursuant to section 10407(d) of the Animal Health Protection Act ( 7 U.S.C. 8306(d) ). (c) Livestock forage disaster program (1) Establishment There is established a livestock forage disaster program to provide 1 source for livestock forage disaster assistance for weather-related forage losses, as determined by the Secretary, by combining— (A) the livestock forage assistance functions of— (i) the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ); and (ii) the emergency assistance for livestock, honey bees, and farm-raised fish program under section 531(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1531(e) ) (as in existence on the day before the date of enactment of this Act); and (B) the livestock forage disaster program under section 531(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1531(d) ) (as in existence on the day before the date of enactment of this Act). (2) Definitions In this subsection: (A) Covered livestock (i) In general Except as provided in clause (ii), the term covered livestock means livestock of an eligible livestock producer that, during the 60 days prior to the beginning date of an eligible forage loss, as determined by the Secretary, the eligible livestock producer— (I) owned; (II) leased; (III) purchased; (IV) entered into a contract to purchase; (V) was a contract grower; or (VI) sold or otherwise disposed of due to an eligible forage loss during— (aa) the current production year; or (bb) subject to paragraph (4)(B)(ii), 1 or both of the 2 production years immediately preceding the current production year. (ii) Exclusion The term covered livestock does not include livestock that were or would have been in a feedlot, on the beginning date of the eligible forage loss, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary. (B) Drought monitor The term drought monitor means a system for classifying drought severity according to a range of abnormally dry to exceptional drought, as defined by the Secretary. (C) Eligible forage loss The term eligible forage loss means 1 or more forage losses that occur due to weather-related conditions, including drought, flood, blizzard, hail, excessive moisture, hurricane, and fire, occurring during the normal grazing period, as determined by the Secretary, if the forage— (i) is grown on land that is native or improved pastureland with permanent vegetative cover; or (ii) is a crop planted specifically for the purpose of providing grazing for covered livestock of an eligible livestock producer. (D) Eligible livestock producer (i) In general The term eligible livestock producer means an eligible producer on a farm that— (I) is an owner, cash or share lessee, or contract grower of covered livestock that provides the pastureland or grazing land, including cash-leased pastureland or grazing land, for the covered livestock; (II) provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county affected by an eligible forage loss; (III) certifies the eligible forage loss; and (IV) meets all other eligibility requirements established under this subsection. (ii) Exclusion The term eligible livestock producer does not include an owner, cash or share lessee, or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis. (E) Normal carrying capacity The term normal carrying capacity , with respect to each type of grazing land or pastureland in a county, means the normal carrying capacity, as determined under paragraph (4)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of an eligible forage loss that diminishes the production of the grazing land or pastureland. (F) Normal grazing period The term normal grazing period , with respect to a county, means the normal grazing period during the calendar year for the county, as determined under paragraph (4)(D)(i). (3) Program For each of fiscal years 2012 and 2013, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide compensation under paragraphs (4) through (6), as determined by the Secretary for eligible forage losses affecting covered livestock of eligible livestock producers. (4) Assistance for eligible forage losses due to drought conditions (A) Eligible forage losses (i) In general An eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to drought on land that— (I) is native or improved pastureland with permanent vegetative cover; or (II) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock. (ii) Exclusions An eligible livestock producer may not receive assistance under this paragraph for eligible forage losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), unless the land is grassland eligible for the grassland reserve program established under subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838n et seq. ). (B) Monthly payment rate (i) In general Except as provided in clause (ii), the payment rate for assistance for 1 month under this paragraph shall, in the case of drought, be equal to 60 percent of the lesser of— (I) the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer, as determined under subparagraph (C); or (II) the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer. (ii) Partial compensation In the case of an eligible livestock producer that sold or otherwise disposed of covered livestock due to drought conditions in 1 or both of the 2 production years immediately preceding the current production year, as determined by the Secretary, the payment rate shall be 80 percent of the payment rate otherwise calculated in accordance with clause (i). (C) Monthly feed cost (i) In general The monthly feed cost shall equal the product obtained by multiplying— (I) 30 days; (II) a payment quantity that is equal to the feed grain equivalent, as determined under clause (ii); and (III) a payment rate that is equal to the corn price per pound, as determined under clause (iii). (ii) Feed grain equivalent For purposes of clause (i)(II), the feed grain equivalent shall equal— (I) in the case of an adult beef cow, 15.7 pounds of corn per day; or (II) in the case of any other type of weight of livestock, an amount determined by the Secretary that represents the average number of pounds of corn per day necessary to feed the livestock. (iii) Corn price per pound For purposes of clause (i)(III), the corn price per pound shall equal the quotient obtained by dividing— (I) the higher of— (aa) the national average corn price per bushel for the 12-month period immediately preceding March 1 of the year for which the disaster assistance is calculated; or (bb) the national average corn price per bushel for the 24-month period immediately preceding that March 1; by (II) 56. (D) Normal grazing period and drought monitor intensity (i) FSA county committee determinations (I) In general The Secretary shall determine the normal carrying capacity and normal grazing period for each type of grazing land or pastureland in the county served by the applicable Farm Service Agency committee. (II) Changes No change to the normal carrying capacity or normal grazing period established for a county under subclause (I) shall be made unless the change is requested by the appropriate State and county Farm Service Agency committees. (ii) Drought intensity (I) D 2 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having a D2 (severe drought) intensity in any area of the county for at least 8 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subparagraph (B). (II) D 3 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D3 (extreme drought) intensity in any area of the county at any time during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph— (aa) in an amount equal to 3 monthly payments using the monthly payment rate determined under subparagraph (B); (bb) if the county is rated as having a D3 (extreme drought) intensity in any area of the county for at least 4 weeks during the normal grazing period for the county, or is rated as having a D4 (exceptional drought) intensity in any area of the county at any time during the normal grazing period, in an amount equal to 4 monthly payments using the monthly payment rate determined under subparagraph (B); or (cc) if the county is rated as having a D4 (exceptional drought) intensity in any area of the county for at least 4 weeks during the normal grazing period, in an amount equal to 5 monthly payments using the monthly rate determined under subparagraph (B). (iii) Annual payment based on drought conditions determined by means other than the U.S. Drought Monitor (I) In general An eligible livestock producer that owns grazing land or pastureland that is physically located in a county that has experienced on average, over the preceding calendar year, precipitation levels that are 50 percent or more below normal levels, according to sufficient documentation as determined by the Secretary, may be eligible, subject to a determination by the Secretary, to receive assistance under this paragraph in an amount equal to not more than 1 monthly payment using the monthly payment rate under subparagraph (B). (II) No duplicate payment A producer may not receive a payment under both clause (ii) and this clause. (5) Assistance for losses due to fire on public managed land (A) In general An eligible livestock producer may receive assistance under this paragraph only if— (i) the eligible forage losses occur on rangeland that is managed by a Federal agency; and (ii) the eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire. (B) Payment rate The payment rate for assistance under this paragraph shall be equal to 50 percent of the monthly feed cost for the total number of livestock covered by the Federal lease of the eligible livestock producer, as determined under paragraph (4)(C). (C) Payment duration (i) In general Subject to clause (ii), an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period— (I) beginning on the date on which the Federal agency excludes the eligible livestock producer from using the managed rangeland for grazing; and (II) ending on the last day of the Federal lease of the eligible livestock producer. (ii) Limitation An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year. (6) Assistance for eligible forage losses due to other than drought or fire (A) Eligible forage losses (i) In general Subject to subparagraph (B), an eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to weather-related conditions other than drought or fire on land that— (I) is native or improved pastureland with permanent vegetative cover; or (II) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock. (ii) Exclusions An eligible livestock producer may not receive assistance under this paragraph for eligible forage losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.), unless the land is grassland eligible for the grassland reserve program established under subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838n et seq. ). (B) Payments for eligible forage losses (i) In general The Secretary shall provide assistance under this paragraph to an eligible livestock producer for eligible forage losses that occur due to weather-related conditions other than— (I) drought under paragraph (4); and (II) fire on public managed land under paragraph (5). (ii) Terms and conditions The Secretary shall establish terms and conditions for assistance under this paragraph that are consistent with the terms and conditions for assistance under this subsection. (7) No duplicative payments An eligible livestock producer may elect to receive assistance for eligible forage losses under either paragraph (4), (5), or (6), if applicable, but may not receive assistance under more than 1 of those paragraphs for the same loss, as determined by the Secretary. (8) Determinations by Secretary A determination made by the Secretary under this subsection shall be final and conclusive. (d) Emergency assistance for livestock, honey bees, and farm-Raised fish (1) In general For each of fiscal years 2012 and 2013, the Secretary shall use not more than $5,000,000 of the funds of the Commodity Credit Corporation to provide emergency relief to eligible producers of livestock, honey bees, and farm-raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b) or (c). (2) Use of funds Funds made available under this subsection shall be used to reduce losses caused by feed or water shortages, disease, or other factors as determined by the Secretary. (3) Availability of funds Any funds made available under this subsection shall remain available until expended. (e) Tree assistance program (1) Definitions In this subsection: (A) Eligible orchardist The term eligible orchardist means a person that produces annual crops from trees for commercial purposes. (B) Natural disaster The term natural disaster means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary. (C) Nursery tree grower The term nursery tree grower means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary. (D) Tree The term tree includes a tree, bush, and vine. (2) Eligibility (A) Loss Subject to subparagraph (B), for each of fiscal years 2012 and 2013, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance— (i) under paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary; and (ii) under paragraph (3)(B) to eligible orchardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster, as determined by the Secretary. (B) Limitation An eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph (A) only if the tree mortality of the eligible orchardist or nursery tree grower, as a result of damaging weather or related condition, exceeds 15 percent (adjusted for normal mortality). (3) Assistance Subject to paragraph (4), the assistance provided by the Secretary to eligible orchardists and nursery tree growers for losses described in paragraph (2) shall consist of— (A) (i) reimbursement of 65 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality); or (ii) at the option of the Secretary, sufficient seedlings to reestablish a stand; and (B) reimbursement of 50 percent of the cost of pruning, removal, and other costs incurred by an eligible orchardist or nursery tree grower to salvage existing trees or, in the case of tree mortality, to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster, as determined by the Secretary, in excess of 15 percent damage or mortality (adjusted for normal tree damage and mortality). (4) Limitations on assistance (A) Definitions of legal entity and person In this paragraph, the terms legal entity and person have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) ). (B) Amount The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $100,000 for any crop year, or an equivalent value in tree seedlings. (C) Acres The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed 500 acres. (f) Payments (1) Payment limitations (A) Definitions of legal entity and person In this subsection, the terms legal entity and person have the meanings given those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)). (B) Amount The total amount of disaster assistance payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this section (excluding payments received under subsection (e)) may not exceed $100,000 for any crop year. (C) Direct attribution Subsections (d) and (e) of section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) or any successor provisions relating to direct attribution shall apply with respect to assistance provided under this section. (2) Payment delivery The Secretary shall make payments under this section after October 1, 2013, for losses incurred in the 2012 and 2013 fiscal years. 2. Noninsured crop assistance program (a) In general Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) In general (A) Coverages In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to— (i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); or (ii) additional coverage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does not exceed 65 percent. (B) Administration The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the Agency ). ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i), by striking and after the semicolon at the end; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and ; and (ii) in subparagraph (B), by striking (including ornamental fish) and inserting (including ornamental fish, but excluding tropical fish) ; (2) in subsection (d), by striking The Secretary and inserting Subject to subsection (l), the Secretary ; (3) in subsection (k)(1)— (A) in subparagraph (A), by striking $250 and inserting $260 ; and (B) in subparagraph (B)— (i) by striking $750 and inserting $780 ; and (ii) by striking $1,875 and inserting $1,950 ; and (4) by adding at the end the following: (l) Payment equivalent to additional coverage (1) In general The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act ( 7 U.S.C. 1508 ) that does not exceed 65 percent, computed by multiplying— (A) the quantity that is less than 50 to 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent; (B) 100 percent of the average market price for the crop, as determined by the Secretary; and (C) a payment rate for the type of crop, as determined by the Secretary, that reflects— (i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable— (I) harvested; (II) planted but not harvested; or (III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or (ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary. (2) Premium To be eligible to receive a payment under this subsection, a producer shall pay— (A) the service fee required by subsection (k); and (B) a premium for the applicable crop year that is equal to— (i) the product obtained by multiplying— (I) the number of acres devoted to the eligible crop; (II) the yield, as determined by the Secretary under subsection (e); (III) the coverage level elected by the producer; (IV) the average market price, as determined by the Secretary; and (ii) 5.25-percent premium fee. (3) Limited resource, beginning, and socially disadvantaged farmers The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2). (4) Additional availability (A) In general As soon as practicable, the Secretary shall make assistance available to producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses— (i) to a 2012 annual fruit crop grown on a bush or tree; and (ii) in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost. (B) Assistance The Secretary shall make assistance available under subparagraph (A) in an amount equivalent to assistance available under paragraph (1), less any fees not previously paid under paragraph (2). . (b) Termination of amendments (1) In general Effective October 1, 2017, the amendments made by subsection (a) (other than the amendment made by subsection (a)(1)(B)(ii)) are repealed. (2) Administration Effective October 1, 2017, section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) shall be applied and administered as if the amendments made by subsection (a) (other than the amendment made by subsection (a)(1)(B)(ii)) had not been enacted.

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