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113-hr-1555

I 113th CONGRESS 1st Session H. R. 1555 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Doggett (for himself, Ms. Bass , Mr. Becerra , Ms. Chu , Mr. Cicilline , Mr. Conyers , Mr. DeFazio , Ms. DeGette , Ms. DeLauro , Mr. Dingell , Mr. Ellison , Mr. Johnson of Georgia , Ms. Lee of California , Mr. McDermott , Mr. McGovern , Mr. Moran , Mr. Rush , Mr. Sherman , Mr. Tonko , Ms. Tsongas , Mr. Garamendi , Ms. Schakowsky , Mr. Payne , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to reduce international tax avoidance and restore a level playing field for American businesses. 1. Short title This Act may be cited as the International Tax Competitiveness Act of 2013 . 2. Treatment of foreign corporations managed and controlled in the United States as domestic corporations (a) In general Section 7701 of the Internal Revenue Code of 1986 (relating to definitions) is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: (p) Certain corporations managed and controlled in the United States treated as domestic for income tax (1) In general Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if— (A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but (B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. (2) Corporation described (A) In general A corporation is described in this paragraph if— (i) the stock of such corporation is regularly traded on an established securities market, or (ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. (B) General exception A corporation shall not be treated as described in this paragraph if— (i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, (ii) such corporation— (I) is not regularly traded on an established securities market, and (II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and (iii) the Secretary grants a waiver to such corporation under this subparagraph. (C) Exception from gross assets test Subparagraph (A)(ii) shall not apply to a corporation which is a controlled foreign corporation (as defined in section 957) and which is a member of an affiliated group (as defined section 1504, but determined without regard to section 1504(b)(3)) the common parent of which— (i) is a domestic corporation (determined without regard to this subsection), and (ii) has substantial assets (other than cash and cash equivalents and other than stock of foreign subsidiaries) held for use in the active conduct of a trade or business in the United States. (3) Management and control (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. (B) Executive officers and senior management Such regulations shall provide that— (i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and (ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). (C) Corporations primarily holding investment assets Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if— (i) the assets of such corporation (directly or indirectly) consist primarily of as sets being managed on behalf of investors, and (ii) decisions about how to invest the assets are made in the United States. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act. 3. Current taxation of royalties and other income from intangibles received from a controlled foreign corporation (a) Repeal of look-Thru rule for royalties received from controlled foreign corporations Paragraph (6) of section 954(c) of the Internal Revenue Code of 1986 is amended— (1) by striking rents, and royalties in subparagraph (A) and inserting and rents , and (2) by striking , rent, or royalty both places it appears in subparagraph (B) and inserting or rent . (b) Entities not permitted To be disregarded in determining royalties Subsection (c) of section 954 of such Code is amended by adding at the end the following new paragraph: (7) All royalties taken into account For purposes of determining the foreign personal holding company income which consists of royalties, this subsection shall be applied without regard to any election to disregard any entity which would be taken into account for Federal income tax purposes but for such election. . (c) Certain other income derived from United States intangibles taken into account as subpart F income Subsection (d) of section 954 of such Code is amended by adding at the end the following new paragraph: (5) Special rule for certain products produced pursuant to intangibles made available by United States persons For purposes of this subsection, personal property shall be treated as having been purchased from a related person if any intangible property (within the meaning of section 936(h)(3)(B)) made available to a controlled foreign corporation, directly or indirectly, by a related person which is a United States person contributes, directly or indirectly, to the production of such personal property by the controlled foreign corporation. The preceding sentence shall not apply to any personal property produced directly by the controlled foreign corporation, without regard to any election to disregard any entity which would be taken into account for Federal income tax purposes but for such election. . (d) Effective date The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2013, and to taxable years of United States shareholders within which or with which such tax years of such foreign corporations end. 4. Taxation of boot received in reorganizations (a) In general Paragraph (2) of section 356(a) of the Internal Revenue Code of 1986 is amended— (1) by striking If an exchange and inserting Except as otherwise provided by the Secretary— (A) In general If an exchange ; (2) by striking then there shall be and all that follows through February 28, 1913 and inserting then the amount of other property or money shall be treated as a dividend to the extent of the earnings and profits of the corporation ; and (3) by adding at the end the following new subparagraph: (B) Certain reorganizations In the case of a reorganization described in section 368(a)(1)(D) with respect to which the requirements of subparagraphs (A) and (B) of section 354(b)(1) are met (or any other reorganization specified by the Secretary), in applying subparagraph (A)— (i) the earnings and profits of each corporation which is a party to the reorganization shall be taken into account, and (ii) the amount which is a dividend (and source thereof) shall be determined under rules similar to the rules of paragraphs (2) and (5) of section 304(b). . (b) Earnings and profits Paragraph (7) of section 312(n) of such Code is amended by adding at the end the following: A similar rule shall apply to an exchange to which section 356(a)(1) applies. . (c) Conforming amendment Paragraph (1) of section 356(a) of such Code is amended by striking then the gain and inserting then (except as provided in paragraph (2)) the gain . (d) Effective date The amendments made by this section shall apply to exchanges after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1555ih/xml/BILLS-113hr1555ih.xml

113-hr-1556

I 113th CONGRESS 1st Session H. R. 1556 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Doggett (for himself, Mr. DeFazio , Ms. DeLauro , Mr. Dingell , Mr. Moran , Ms. Lee of California , Mr. Rush , Mr. Garamendi , Ms. Schakowsky , Mr. McDermott , Mr. Cicilline , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to prevent corporations from exploiting tax treaties to evade taxation of United States income. 1. Short title This Act may be cited as the Fairness in International Taxation Act . 2. Limitation on treaty benefits for certain deductible payments (a) In general Section 894 of the Internal Revenue Code of 1986 (relating to income affected by treaty) is amended by adding at the end the following new subsection: (d) Limitation on treaty benefits for certain deductible payments (1) In general In the case of any deductible related-party payment, any withholding tax imposed under chapter 3 (and any tax imposed under subpart A or B of this part) with respect to such payment may not be reduced under any treaty of the United States unless any such withholding tax would be reduced under a treaty of the United States if such payment were made directly to the foreign parent corporation. (2) Deductible related-party payment For purposes of this subsection, the term deductible related-party payment means any payment made, directly or indirectly, by any person to any other person if the payment is allowable as a deduction under this chapter and both persons are members of the same foreign controlled group of entities. (3) Foreign controlled group of entities For purposes of this subsection— (A) In general The term foreign controlled group of entities means a controlled group of entities the common parent of which is a foreign corporation. (B) Controlled group of entities The term controlled group of entities means a controlled group of corporations as defined in section 1563(a)(1), except that— (i) more than 50 percent shall be substituted for at least 80 percent each place it appears therein, and (ii) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). (4) Foreign parent corporation For purposes of this subsection, the term foreign parent corporation means, with respect to any deductible related-party payment, the common parent of the foreign controlled group of entities referred to in paragraph (3)(A). (5) Regulations The Secretary may prescribe such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance which provide for— (A) the treatment of two or more persons as members of a foreign controlled group of entities if such persons would be the common parent of such group if treated as one corporation, and (B) the treatment of any member of a foreign controlled group of entities as the common parent of such group if such treatment is appropriate taking into account the economic relationships among such entities. . (b) Effective date The amendment made by this section shall apply to payments made after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1556ih/xml/BILLS-113hr1556ih.xml

113-hr-1557

I 113th CONGRESS 1st Session H. R. 1557 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure clarity of regulations to improve the effectiveness of Federal regulatory programs while decreasing burdens on the regulated public. 1. Short title This Act may be referred to as the Plain Regulations Act of 2013 . 2. Purpose The purpose of this Act is to improve the effectiveness and accountability of Federal agencies to the public by promoting clear regulations that are easier for the Government to implement and for the public to comply with. 3. Definitions In this Act: (1) Agency The term agency means an Executive agency, as that term is defined in section 105 of title 5, United States Code. (2) Regulation The term regulation means a rule, as that term is defined in section 551(4) of title 5, United States Code, that is issued by an agency. (3) Plain language The term plain language means language that is clear, concise, well-organized, minimizes cross references, and follows other best practices appropriate to the subject or field and intended audience. 4. Responsibilities of Federal agencies (a) Preparation for implementation of plain writing requirements for regulations (1) In general Not later than 9 months after the date of the enactment of this Act, the head of each agency shall— (A) designate one or more senior officials within the agency to oversee the agency implementation of this Act; (B) communicate the requirements of this Act to the employees of the agency; (C) train employees of the agency to use plain language in developing, writing, and implementing regulations; (D) establish a process for overseeing the ongoing compliance of the agency with the requirements of this Act; and (E) serve as an agency point-of-contact to receive and respond to public input on— (i) agency implementation of this Act; and (ii) the agency reports required under section 6. (2) Persons designated Persons designated under paragraph (1)(A) or (1)(E) may be the same persons designated to carry out similar functions under the Plain Writing Act of 2010 ( Public Law 111–272 ; 5 U.S.C. 301 note). (b) Requirement To use plain language in new and revised regulations Not later than 12 months after the date of the enactment of this Act, each agency shall use plain language in accordance with the guidance issued by the Director of the Office of Management and Budget under the Plain Writing Act of 2010 ( Public Law 111–274 ; 5 U.S.C. 301 note) in all new and substantially revised proposed and final regulations issued by the agency. (c) Certification of compliance For each proposed or final regulation of an agency, the head of the agency or a person designated under subsection (a)(1) shall certify to the Director that the agency head has read the text of the proposed or final regulation and that it is in plain language. (d) Exemption from certain information collection provisions Agency actions to collect information from the public about a regulation are exempt from the information collection provisions of sections 3506(c) and 3507 of title 44, United States Code, if the agency head certifies that the sole reason for the information collection is to improve the clarity of the regulation under the requirements of this Act. 5. Responsibilities of Office of Management and Budget (a) Return of regulations If the Director finds that the agency did not follow the guidance issued by the Director under the Plain Writing Act of 2010 ( Public Law 111–274 ; 5 U.S.C. 301 note) on any proposed or final regulation issued by an agency, the Director shall return the regulation to the agency to be redrafted in plain language and resubmitted to the Director for approval. (b) Publication of certifications The Director shall publish the certifications from agency heads required under section 4(c) on the official Web site of the Office of Management and Budget. 6. Reports (a) Initial report Not later than 9 months after the date of the enactment of this Act, the head of each agency shall publish on the plain writing section of the agency’s Web site created under the Plain Writing Act of 2010 (Public Law 111–274; 5 U.S.C. 301 note) a report that describes the agency plan for compliance with the requirements of this Act. (b) Annual compliance report Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the head of each agency shall publish on such plain writing section of the agency’s Web site a report on agency compliance with the requirements of this Act. 7. Judicial review and enforceability (a) Judicial review No court shall have jurisdiction to review compliance or noncompliance with any provision of this Act. (b) Enforceability No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.

https://www.govinfo.gov/content/pkg/BILLS-113hr1557ih/xml/BILLS-113hr1557ih.xml

113-hr-1558

I 113th CONGRESS 1st Session H. R. 1558 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Collins of New York 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 lower health premiums and increase choice for small businesses. 1. Short title; table of contents (a) Short title This Act may be cited as the Small Business Health Relief 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—Making coverage affordable for small businesses Sec. 101. Protecting American jobs and wages. Sec. 102. Increasing flexibility for small businesses. Sec. 103. Increasing choices for Americans. Sec. 104. Protecting patients from higher premiums. Sec. 105. Ensuring affordable coverage. TITLE II—Increasing consumer control Sec. 201. Repeal of the restriction on over-the-counter medicines. Sec. 202. Repeal of the annual cap. TITLE III—Allowing individuals to keep coverage they like Sec. 301. Allowing individuals to keep the coverage they have if they like it. I Making coverage affordable for small businesses 101. Protecting American jobs and wages Sections 1513 and 1514 and subsections (e), (f), and (g) of section 10106 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and the amendments made by such sections and subsections are repealed and the Internal Revenue Code of 1986 shall be applied and administered as if such provisions and amendments had never been enacted. 102. Increasing flexibility for small businesses Section 1302(c)(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ; 42 U.S.C. 18022(c)(2) ) is repealed. 103. Increasing choices for Americans (a) Qualified health plan coverage satisfied by high deductible health plan with health savings account Section 1302(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(e) ) is amended to read as follows: (e) High deductible health plan with health savings account A health plan not providing a bronze, silver, gold, or platinum level of coverage shall be treated as meeting the requirements of subsection (d) with respect to any plan year for any enrollee if the plan meets the requirements for a high deductible health plan under section 223(c)(2) of the Internal Revenue Code of 1986 and such enrollee has established a health savings account (as defined in section 223(d)(1) of such Code) in relation to such plan. . (b) Conforming amendments (1) Subparagraph (C) of section 1312(d)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is amended by striking , except and all that follows through 1302(e)(2) . (2) Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986, as added by section 1401(a) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended by striking , except and all that follows through such Act . (3) Subparagraph (B) of section 1334(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is amended by striking and catastrophic coverage . 104. Protecting patients from higher premiums Section 9010 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), as amended by section 10905 of such Act, is repealed. 105. Ensuring affordable coverage Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42 U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), is amended by striking , except and all that follows through 2707(c)) . II Increasing consumer control 201. Repeal of the restriction on over-the-counter medicines Section 9003 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and the amendments made by such section are repealed; and the Internal Revenue Code of 1986 shall be applied as if such section, and amendments, had never been enacted. 202. Repeal of the annual cap Sections 9005 and 10902 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and section 1403 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152) and the amendments made by such sections are repealed. III Allowing individuals to keep coverage they like 301. Allowing individuals to keep the coverage they have if they like it (a) In general Section 1251(a)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18011 ) is amended— (1) by striking Except as provided in paragraph (3), and inserting the following: (A) In general Except as provided in paragraphs (3) and (4), ; and (2) by adding at the end the following: (B) Protecting employers and consumers with grandfathered coverage (i) In general A group health plan or health insurance coverage in which an individual is enrolled on or after March 23, 2010, but before any plan year beginning not later than 1 year after the date of the enactment of this subparagraph, and which is deemed to be a grandfathered health plan under this section, shall continue to be considered a grandfathered health plan with respect to such individual regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits under such plan or coverage as otherwise permitted under this Act (and the amendments made by this Act). (ii) Regulations The Secretary shall promulgate regulations to clarify the application of clause (i) to a plan or coverage that continues to be a grandfathered health plan pursuant to such clause. . (b) Effective date; previously promulgated regulations voided (1) Effective date The amendments made by this section shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act. (2) Previously promulgated regulations voided Any regulations relating to section 1251(a)(2) of such Act promulgated before the date of the enactment of this Act shall have no force or effect.

https://www.govinfo.gov/content/pkg/BILLS-113hr1558ih/xml/BILLS-113hr1558ih.xml

113-hr-1559

I 113th CONGRESS 1st Session H. R. 1559 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Ms. Gabbard (for herself and Ms. Hanabusa ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide health care practitioners in rural areas with training in preventive health care, including both physical and mental care, and for other purposes. 1. Short title This Act may be cited as the Rural Preventive Health Care Training Act of 2013 . 2. Preventive health care training Part D of title VII of the Public Health Service Act ( 42 U.S.C. 294 et seq. ) is amended by inserting after section 754 the following: 754A. Preventive health care training (a) In general The Secretary may make grants to, and enter into contracts with, eligible applicants to enable such applicants to provide preventive health care training, in accordance with subsection (c), to health care practitioners practicing in rural areas. Such training shall, to the extent practicable, include training in health care to prevent both physical and mental disorders before the initial occurrence of such disorders. In carrying out this subsection, the Secretary shall encourage, but may not require, the use of interdisciplinary training project applications. (b) Limitation To be eligible to receive training using assistance provided under subsection (a), a health care practitioner shall be determined by the eligible applicant involved to be practicing, or desiring to practice, in a rural area. (c) Use of assistance Amounts received under a grant made or contract entered into under this section shall be used— (1) to provide student stipends to individuals attending rural community colleges or other institutions that service predominantly rural communities, for the purpose of enabling the individuals to receive preventive health care training; (2) to increase staff support at rural community colleges or other institutions that service predominantly rural communities to facilitate the provision of preventive health care training; (3) to provide training in appropriate research and program evaluation skills in rural communities; (4) to create and implement innovative programs and curricula with a specific prevention component; and (5) for other purposes as the Secretary determines to be appropriate. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section, $5,000,000 for each of fiscal years 2014 through 2017. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1559ih/xml/BILLS-113hr1559ih.xml

113-hr-1560

I 113th CONGRESS 1st Session H. R. 1560 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Garcia (for himself, Mr. Radel , and Ms. Ros-Lehtinen ) 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 authorize the Internal Revenue Service to permit truncated social security numbers on wage reporting provided to employees. 1. Short title This Act may be cited as the SAFE ID Act of 2013 . 2. Truncated social security numbers permitted on wage reporting to employees (a) In general Paragraph (2) of section 6051(a) of the Internal Revenue Code for 1986 is amended by striking social security number and inserting taxpayer identification number . (b) Effective date The amendment made by this section shall apply to statements furnished after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1560ih/xml/BILLS-113hr1560ih.xml

113-hr-1561

I 113th CONGRESS 1st Session H. R. 1561 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Gardner introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to make improvements to support facilities for National Historic Sites operated by the National Park Service, and for other purposes. 1. Improvement, operation, and use of support facilities (a) Improvement The Secretary of the Interior, acting through the National Park Service, may make improvements to a support facility, including a visitor center, for a National Historic Site administered by the National Park Service if the project— (1) is conducted within the agency’s existing budget; (2) is subject to a 50-percent non-Federal cost sharing requirement; and (3) is conducted for a unit of the National Park System which has authority to establish a support facility outside the park boundary. (b) Operation and use The National Park Service may operate and use all or part of a support facility, including a visitor center, for a National Historic Site— (1) to carry out duties associated with administering and supporting the National Historic Site; and (2) only in situations where there is an agreement between the Secretary of Interior and the commissioners of the County or Parish in which the support facility is located.

https://www.govinfo.gov/content/pkg/BILLS-113hr1561ih/xml/BILLS-113hr1561ih.xml

113-hr-1562

I 113th CONGRESS 1st Session H. R. 1562 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Gibson (for himself, Mr. Reed , Mr. Owens , and Mr. Sean Patrick Maloney of New York ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to simplify the petitioning procedure for H–2A workers, to expand the scope of the H–2A program, and for other purposes. 1. Short title This Act may be cited as the Family Farm Relief Act of 2013 . 2. Secretary of Agriculture to administer H–2A program (a) In general Section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ) is amended by striking the term Secretary of Labor each place it appears and inserting Secretary of Agriculture . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. 3. Electronic filing system for H–2A petitions Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall establish a process for receiving petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) ). In establishing such process, the Secretary shall ensure— (1) that petitioners may file such petitions over the Internet on an Internet Web page of the Secretary; (2) that any software developed to process such petitions on such Internet Web page shall indicate to the petitioner any technical deficiency in the application prior to submission; and (3) that each petitioner shall be able to file such petition in a paper format. 4. Repeal of 50-percent domestic workforce requirement Subparagraph (B) of section 218(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1188(c)(3) ) is repealed, and any rule made by the Secretary of Labor or the Secretary of Homeland Security to carry out such subparagraph may not continue in effect. 5. Prevailing Practices Survey In the case of an employer petitioning under section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ), the submission of a prevailing practice survey regarding employment practices shall not be required. 6. Alteration of region of reference Section 218(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1188(b)(3) ) is amended by striking within a multi-state region of traditional or expected labor supply and inserting within an area of 150 square miles in the United States centered around the place of employment . 7. Prohibition and repeal of certain rules (a) Rules regarding recruitment and referral requirement The Secretary of Agriculture may not make any rule for purposes of carrying out section 218(b)(3) of the Immigration and Nationality Act that— (1) requires that an employer advertise an offer of employment— (A) on a particular date; or (B) in a particular publication; (2) requires that an employer contact workers who the employer employed in the prior year or growing season; or (3) requires that an employer submit a recruitment report. (b) Prohibition on requirement of certification by employers (1) In general The Secretary of Agriculture or the Secretary of Homeland Security may not make any rule pertaining to a petition under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act, that requires an employer to provide a certification of— (A) recruitment advertisements; or (B) recruitment reports. (2) Rule of construction Nothing in this section shall be construed as limiting the authority of the Secretary to require an attestation regarding such matters from any such employer. (c) Repeal of existing rules Any rule that is described in subsection (a) that is currently in effect may not continue in effect beginning on the date that is 60 days after the date of enactment of this Act. 8. Inclusion of certain year-round livestock workers (a) In general 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 , labor as a year-round livestock worker (including as a dairy worker) before , and the pressing of apples for cider . (b) Length of stay for year-Round livestock workers Section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ), as amended by this Act, is further amended by adding at the end the following: (j) Special rule for year-Round livestock workers Notwithstanding any other provision of this section, an H–2A worker who is admitted for purposes of performing labor as a year-round livestock worker (including as a dairy worker) may be admitted for a period of not more than 12 months. At the end of that period, the Secretary of Homeland Security may not approve a petition to import that alien as an H–2A worker for a period of 3 months. Such a petition may be filed pertaining to that alien any number of times. Such petition may not be filed by any person who, at the time of filing, is an alien who is unlawfully present in the United States. . 9. Replacement of workers and Expedited Administrative appeals Section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ), as amended by this Act, is further amended by adding at the end the following: (k) replacement of workers On receiving notice that an H–2A worker recruited or hired by an employer has prematurely abandoned employment or has failed to appear for employment, the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker and the Secretary of Homeland Security shall expeditiously admit such alien into the United States. . 10. Agricultural Associations and pooling of workers Section 218(d) of the Immigration and Nationality Act ( 8 U.S.C. 1188(d) ) is amended to read as follows: (d) Role of agricultural associations (1) Filing by agricultural association permitted An application to hire an H–2A worker may be filed by an association of agricultural employers which use agricultural labor. (2) Treatment of associations acting as employers If an association is a joint or sole employer of H–2A workers, such H–2A workers may be transferred among its members to perform agricultural labor of the same nature for which the application was approved. (3) Treatment of violations (A) Individual members If an individual member of a joint employer association violates any condition for approval with respect to the member's application, the Secretary of Agriculture shall deny such application only with respect to that member of the association unless the Secretary determines that the association or other member participated in, had knowledge of, or had reason to know of the violation. (B) Association of agricultural employers (i) Joint employer If an association representing agricultural employers as a joint employer violates any condition for approval with respect to the association's application, the Secretary of Agriculture shall deny such application only with respect to the association and may not apply the denial to any individual member of the association, unless the Secretary determines that the member participated in, had knowledge of, or had reason to know of the violation. (ii) Sole employer If an association of agricultural employers approved as a sole employer violates any condition for approval with respect to the association's application, no individual member of the association may be the beneficiary of the services of H–2A workers admitted under this section in the occupation in which such H–2A workers were employed by the association which was denied approval during the period such denial is in force. . 11. Agency report required when delays occur Section 218(c) of the Immigration and Nationality Act (8 U.S.C (c)) is amended by adding at the end the following: (5) Agency report required when delays occur A report shall be submitted to the Committee on Agriculture of the Senate and the Committee on Agriculture of the House of Representatives for any month in which the average reponse time under paragraph (2) to a filing is greater than 7 days. The report shall be submitted not later than the last day of the month that immediately follows the month in which such average response time limit was exceeded. . 12. GAO Report Not later than 90 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on a study— (1) evaluating the effects of introducing biometric identification cards to H–2A workers; (2) whether the usage of such identification cards would promote efforts to efficiently enforce the immigration laws and streamline the visa application and admission process for H–2A workers; and (3) examining any delay in the processing of applications and petitions under the H–2A program and in the administration of the program.

https://www.govinfo.gov/content/pkg/BILLS-113hr1562ih/xml/BILLS-113hr1562ih.xml

113-hr-1563

I 113th CONGRESS 1st Session H. R. 1563 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Guthrie (for himself and Ms. Castor of Florida ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To enable concrete masonry products manufacturers to establish, finance, and carry out a coordinated program of research, education, and promotion to improve, maintain, and develop markets for concrete masonry products. 1. Short title This Act may be cited as the Concrete Masonry Products Research, Education, and Promotion Act of 2013 . 2. Findings and declaration of policy (a) Findings Congress finds the following: (1) The production of concrete masonry products plays a significant role in the economy of the United States. (2) Concrete masonry products are produced by hundreds of concrete manufacturers and utilized throughout the United States and foreign countries. (3) Concrete masonry products move in the channels of interstate and foreign commerce, and concrete masonry products that do not move in such channels of commerce directly burden or affect interstate commerce of concrete masonry products. (4) The concrete masonry products industry employs thousands of workers and positively impacts economic stability throughout the United States. (5) The maintenance and expansion of existing markets for concrete masonry products and the development of new markets is vital to the welfare of concrete manufacturers in the United States and those concerned with marketing and using concrete masonry products as well as the general economic welfare of the United States. (6) The concrete masonry products industry plays a vital role in providing safe, environmentally sustainable, and economical construction for citizens of the United States and abroad. (7) Concrete masonry products are used for the construction of structures that protect and provide shelter for citizens during disasters (earthquakes, floods, hurricanes, tornados, fire, et cetera). (8) Concrete masonry structures provide energy efficiencies to reduce American energy demands. (9) Concrete masonry provides for durable structures that support sustainability objectives, reducing long-term demands on natural resources. (10) Concrete masonry products are made using locally available resources throughout the United States, reducing transportation and infrastructure demands. (11) Concrete masonry products are used to support the construction of durable and cost-efficient, low-income housing. (b) Purpose The purpose of this Act is to authorize the establishment of an orderly program for developing, financing, and carrying out an effective, continuous, and coordinated program of research, education, and promotion, including funds for marketing and market research activities, that is designed to— (1) strengthen the position of the concrete masonry products industry in the domestic marketplace; (2) maintain, develop, and expand markets and uses for concrete masonry products in the domestic and foreign marketplaces; and (3) promote the use of concrete masonry products in environmentally sustainable construction and building. (c) Limitation Nothing in this Act may be construed to provide for the control of production or otherwise limit the right of any person to manufacture concrete masonry products. 3. Definitions For the purposes of this Act: (a) Block machine The term block machine means a piece of equipment that utilizes vibration and compaction to form concrete masonry products. (b) Board The term Board means the Concrete Masonry Products Board established under section 5 . (c) Cavity The term cavity means the open space in the mold of a block machine capable of forming a single concrete masonry unit having nominal plan dimensions of 8 inches by 16 inches. (d) Commerce The term commerce includes interstate, foreign, and intrastate commerce. (e) Concrete masonry products The term concrete masonry products refers to a broader class of products, including concrete masonry units as well as hardscape products such as concrete pavers and segmental retaining wall units, manufactured on a block machine using dry-cast concrete. (f) Concrete masonry unit The term concrete masonry unit means a concrete masonry product that is a manmade masonry unit having an actual width of 3 inches or greater and manufactured from dry-cast concrete using a block machine. Such term includes concrete block and related concrete units used in masonry applications. (g) Department The term Department means the Department of Commerce. (h) Dry-Cast concrete The term dry-cast concrete means a composite material that is composed essentially of aggregates embedded in a binding medium composed of a mixture of cementitious materials (including hydraulic cement, pozzolans, or other cementitious materials) and water of such a consistency to maintain its shape after forming in a block machine. (i) Education The term education means programs that will educate or communicate the benefits of concrete masonry products in safe and environmentally sustainable development, advancements in concrete masonry product technology and development, and other information and programs designed to generate increased demand for commercial, residential, multi-family, and institutional projects using concrete masonry products and to generally enhance the image of concrete masonry products. (j) Machine cavities The term machine cavities means the cavities with which a block machine could be equipped. (k) Machine cavities in operation The term machine cavities in operation means those machine cavities associated with a block machine that have produced concrete masonry units within the last 6 months of the date set for determining eligibility and is fully operable and capable of producing concrete masonry units. (l) Masonry unit The term masonry unit means a noncombustible building product intended to be laid by hand or joined using mortar, grout, surface bonding, post-tensioning or some combination of these methods. (m) Manufacturer The term manufacturer means any person engaged in the manufacturing of commercial concrete masonry products. (n) Order The term order means an order issued under section 4. (o) Person The term person means any individual, group of individuals, partnership, corporation, association, cooperative, or any other entity. (p) Promotion The term promotion means any action, including paid advertising, to advance the image and desirability of concrete masonry products with the express intent of improving the competitive position and stimulating sales of concrete masonry products in the marketplace. (q) Research The term research means studies testing the effectiveness of market development and promotion efforts, studies relating to the improvement of concrete masonry products and new product development, and studies documenting the performance of concrete masonry. (r) Secretary The term Secretary means the Secretary of Commerce. (s) United States The term United States means the several States and the District of Columbia. 4. Issuance of orders (a) In general (1) Issuance The Secretary, subject to the procedures provided in subsection (b) , shall issue orders under this Act applicable to manufacturers of concrete masonry products. (2) Scope Any order shall be national in scope. (3) One order Not more than one order shall be in effect at any one time. (b) Procedures (1) Development or receipt of proposed order A proposed order with respect to concrete masonry products may be— (A) prepared by the Secretary at any time; or (B) requested by or submitted to the Secretary by— (i) an existing national organization of concrete masonry product manufacturers; or (ii) any person that may be affected by the issuance of an order with respect to concrete masonry products. (2) Publication of proposed order Not later than 60 days after receiving a proposed order or a request for a proposed order in accordance with subparagraph (B) of paragraph (1), the Secretary shall publish a proposed order in the Federal Register and give 30 days notice and opportunity for public comment on the proposed order. (3) Issuance of order (A) In general After notice and opportunity for public comment are provided in accordance with paragraph (2) , the Secretary shall issue the order, taking into consideration the comments received and including in the order such provisions as are necessary to ensure that the order is in conformity with this Act. (B) Effective date The order shall be issued and become effective only after an affirmative vote in a referendum as provided in section 7 , but not later than 120 days after publication of the proposed order. (c) Amendments The Secretary may, from time to time, amend an order. The provisions of this Act applicable to an order shall be applicable to any amendment to an order. 5. Required terms in orders (a) In general Any order issued under this Act shall contain the terms and provisions specified in this section. (b) Concrete Masonry Products Board (1) Establishment and membership (A) Establishment The order shall provide for the establishment of a Concrete Masonry Products Board to carry out a program of generic promotion, research, and information regarding concrete masonry products. (B) Membership (i) Number of members The board shall consist of not more than 25 members. (ii) Appointment The members of the Board shall be appointed by the Secretary from nominations submitted as provided in this subsection. (iii) Composition The Board shall consist of manufacturers. (2) Distribution of appointments (A) Geographical representation To ensure fair and equitable representation of the concrete masonry products industry, the composition of the Board shall reflect the geographical distribution of the manufacture of concrete masonry products in the United States and the types of concrete masonry products manufactured. (B) Adjustment in board representation Three years after the assessment of concrete masonry products commences pursuant to an order, and at the end of each 3-year period thereafter, the Board, subject to the review and approval of the Secretary, shall, if warranted, recommend to the Secretary the reapportionment of the Board membership to reflect changes in the geographical distribution of the manufacture of concrete masonry products and the types of concrete masonry products manufactured. (3) Nominations Process The order shall provide the following: (A) Number of nominations Two nominees shall be submitted for each appointment to the Board. (B) Procedure Nominations for each appointment of a manufacturer shall be made by manufacturers in accordance with procedures specified in the order. (C) Failure to nominate In any case in which manufacturers fail to nominate individuals for an appointment to the Board, the Secretary may appoint an individual to fill the vacancy on a basis provided in the order or other regulations of the Secretary. (D) Failure to appoint If the Secretary fails to make an appointment to the Board within 30 days of receiving nominations for such appointment, the first nominee for such appointment shall be deemed appointed. (4) Alternates The order shall provide for the selection of alternate members of the Board by the Secretary in accordance with procedures specified in the order. (5) Terms (A) In general The members and any alternates of the Board shall each serve for a term of 3 years, except that members and any alternates initially appointed to the Board shall serve for terms of not more than 2, 3, and 4 years, as specified by the order. (B) Limitation on consecutive terms A member or alternate may serve not more than 2 consecutive terms. (C) Continuation of term Notwithstanding subparagraph (B) , each member or alternate shall continue to serve until a successor is appointed by the Secretary. (D) Vacancies A vacancy arising before the expiration of a term of office of an incumbent member or alternate of the Board shall be filled in a manner provided for in the order. (6) Disqualification from Board service The order shall provide that if a member or alternate of the Board who was appointed as a manufacturer ceases to qualify as a manufacturer, such member or alternate shall be disqualified from serving on the Board. (7) Compensation (A) In general Members and any alternates of the Board shall serve without compensation. (B) Travel expenses If approved by the Board, members or alternates shall be reimbursed for reasonable travel expenses, which may include per diem allowance or actual subsistence incurred while away from their homes or regular places of business in the performance of services for the Board. (c) Powers and duties of the Board The order shall specify the powers and duties of the Board, which shall include the power and duty— (1) to administer the order in accordance with its terms and conditions and to collect assessments; (2) to develop and recommend to the Secretary for approval such bylaws as may be necessary for the functioning of the board and such rules as may be necessary to administer the order, including activities authorized to be carried out under the order; (3) to meet, organize, and select from among members of the Board a chairperson, other officers, and committees and subcommittees, as the Board determines appropriate; (4) to establish regional organizations or committees to administer regional initiatives; (5) to establish working committees of persons other than Board members; (6) to employ such persons, other than the members, as the board considers necessary, and to determine the compensation and specify the duties of the persons; (7) to prepare and submit for the approval of the Secretary, before the beginning of each fiscal year, rates of assessment under section 6 and an annual budget of the anticipated expenses to be incurred in the administration of the order, including the probable cost of each promotion, research, and information activity proposed to be developed or carried out by the Board; (8) to borrow funds necessary for the startup expenses of the order; (9) to carry out research, education, and promotion programs and projects, and to pay the costs of such programs and projects with assessments collected under section 6 ; (10) subject to subsection (e) , to enter into contracts or agreements to develop and carry out programs or projects of research, education, and promotion relating to concrete masonry products; (11) to keep minutes, books, and records that reflect the actions and transactions of the Board, and promptly report minutes of each Board meeting to the Secretary; (12) to receive, investigate, and report to the Secretary complaints of violations of the order; (13) to furnish the Secretary with such information as the Secretary may request; (14) to recommend to the Secretary such amendments to the order as the Board considers appropriate; and (15) to provide the Secretary with advance notice of meetings. (d) Programs and projects; budgets; expenses (1) Programs and projects The order shall require the Board to submit to the Secretary for approval any program or project of research, education, or promotion. (2) Budgets (A) Submission The order shall require the Board to submit to the Secretary for approval a budget of the anticipated expenses and disbursements of the Board in the implementation of the order, including the projected costs of concrete masonry products research, education, and promotion programs and projects. (B) Timing The budget shall be submitted before the beginning of a fiscal year and as frequently as may be necessary after the beginning of the fiscal year. (C) Approval If the Secretary fails to approve or reject a budget within 30 days of receipt, such budget shall be deemed approved. (3) Administrative Expenses (A) Incurring expenses A board may incur the expenses described in paragraph (2) and other expenses for the administration, maintenance, and functioning of the Board as authorized by the Secretary. (B) Payment of expenses Expenses incurred under subparagraph (A) shall be paid by the Board using assessments collected under section 6 , earnings obtained from assessments, and other income of the Board. Any funds borrowed by the Board shall be expended only for startup costs and capital outlays. (C) Limitation on spending For fiscal years beginning 3 or more years after the date of the establishment of the Board, the Board may not expend for administration (except for reimbursement to the Secretary required under subparagraph (D) ), maintenance, and functioning of the Board in a fiscal year an amount that exceeds 10 percent of the assessment and other income received by the Board for the fiscal year. (D) Reimbursement of Secretary The order shall require that the Secretary be reimbursed from assessments for all expenses incurred by the Secretary in the implementation, administration, and supervision of the order, including all referenda costs incurred in connection with the order. (e) Contracts and agreements (1) In general The order shall provide that, with the approval of the Secretary, the Board may— (A) enter into contracts and agreements to carry programs and projects of research, education, and promotion activities relating to concrete masonry products, including contracts and agreements with manufacturer associations or other entities as considered appropriate by the Secretary; (B) enter into contracts and agreements for administrative services; and (C) pay the cost of approved research, education, and promotion programs and projects using assessments collected under section 6 , earnings obtained from assessments, and other income of the Board. (2) Requirements Each contract or agreement shall provide that any person who enters into the contract or agreement with the Board shall— (A) develop and submit to the Board a proposed activity together with a budget that specifies the cost to be incurred to carry out the activity; (B) keep accurate records of all of transactions relating to the contract or agreement; (C) account for funds received and expended in connection with the contract or agreement; (D) make periodic reports to the Board of activities conducted under the contract or agreement; and (E) make such other reports as the Board or the Secretary considers relevant. (3) Failure to approve If the Secretary fails to approve or reject a contract or agreement entered into under paragraph (1) within 30 days of receipt, the contract or agreement shall be deemed approved. (f) Books and records of Board (1) In general The order shall require the Board to— (A) maintain such books and records (which shall be available to the Secretary for inspection and audit) as the Secretary may require; (B) collect and submit to the Secretary, at any time the Secretary may specify, any information the Secretary may request; and (C) account for the receipt and disbursement of all funds in the possession, or under the control, of the Board. (2) Audits The order shall require the Board to have— (A) the books and records of the Board audited by an independent auditor at the end of each fiscal year; and (B) a report of the audit submitted directly to the Secretary. (g) Prohibited activities (1) In general Subject to paragraph (2) , the Board shall not engage in any action to, nor shall any funds received by the Board under this Act be used to— (A) influence legislation or governmental action; (B) engage in an action that would be a conflict of interest; or (C) engage in advertising that is false or misleading. (2) Exceptions Paragraph (1) does not preclude— (A) the development and recommendation of amendments to the order; (B) the communication to appropriate government officials of information relating to the conduct, implementation, or results of research, education, and promotion activities under the order; or (C) any action designed to market concrete masonry products directly to a foreign government or political subdivision of a foreign government. (h) Periodic evaluation The order shall require the Board to provide for the independent evaluation of all research, education, and promotion activities undertaken under the order. (i) Books and records of persons covered by order (1) In general The order shall require that manufacturers of concrete masonry products shall— (A) maintain records sufficient to ensure compliance with the order and regulations; (B) submit to the Board any information required by the Board to carry out its responsibilities; and (C) make the records described in subparagraph (A) available, during normal business hours, for inspection by employees or agents of the Board or the Department, including any records necessary to verify information required under subparagraph (B) . (2) Time requirement Any record required to be maintained under paragraph (1) shall be maintained for such time period as the Secretary may prescribe. (3) Confidentiality of information (A) In general Except as otherwise provided in this Act, all information obtained under paragraph (1) or as part of a referendum under section 7 shall be kept confidential by all officers, employees, and agents of the Department and of the Board. (B) Suits and hearings Information referred to in subparagraph (A) may be disclosed only if— (i) the Secretary considers the information relevant; and (ii) the information is revealed in a judicial proceeding or administrative hearing brought at the direction or on the request of the Secretary or to which the Secretary or any officer of the Department is a party. (C) General statements and publications This paragraph does not prohibit— (i) the issuance of general statements based on reports or on information relating to a number of persons subject to an order if the statements do not identify the information furnished by any person; or (ii) the publication, by direction of the Secretary, of the name of any person violating any order and a statement of the particular provisions of the order violated by the person. (D) Penalty Any person who willfully violates this subsection shall be fined not more than $5,000, imprisoned not more than 1 year, or both. (4) Withholding information This subsection does not authorize the withholding of information from Congress. 6. Assessments (a) Assessments The order shall provide that assessments shall be paid by manufacturers with respect to concrete masonry products manufactured and marketed in the United States. (b) Collection (1) In general Assessments required under the order shall be remitted by the manufacturer to the Board in the manner prescribed by the order. (2) Timing The order shall provide that assessments required under the order shall be remitted to the Board not less frequently than quarterly. (3) Records As part of the remittance of assessments, manufacturers shall identify the total amount due in assessments on all sales receipts, invoices or other commercial documents of sale as a result of the sale of concrete masonry units in a manner as prescribed by the Board to ensure compliance with the order. (c) Assessment rates With respect to assessment rates, the order shall contain the following terms: (1) Initial rate The assessment rate on concrete masonry products shall be $0.01 per concrete masonry unit sold. (2) Changes in the rate (A) Authority to change rate The Board shall have the authority to change the assessment rate. A two-thirds majority of voting members of the Board shall be required to approve a change in the assessment rate. (B) Limitation on increases An increase or decrease in the assessment rate with respect to concrete masonry products may not exceed $0.01 per concrete masonry unit sold. (C) Maximum rate The assessment rate shall not be in excess of $0.05 per concrete masonry unit. (D) Limitation on frequency of changes The assessment rate may not be increased or decreased more than once annually. (d) Late-Payment and interest charges (1) In general Late-payment and interest charges may be levied on each person subject to the order who fails to remit an assessment in accordance with subsection (b) . (2) Rate The rate for late-payment and interest charges shall be specified by the Secretary. (e) Investment of assessments Pending disbursement of assessments under a budget approved by the Secretary, a board may invest assessments collected under this section in— (1) obligations of the United States or any agency of the United States; (2) general obligations of any State or any political subdivision of a State; (3) interest-bearing accounts or certificates of deposit of financial institutions that are members of the Federal Reserve System; or (4) obligations fully guaranteed as to principal and interest by the United States. (f) Assessment funds for Regional Initiatives (1) In general The order shall provide that no less than 50 percent of the assessments (less administration expenses) paid by a manufacturer shall be used to support research, education, and promotion plans and projects in support of the geographic region of the manufacturer. (2) Geographic regions The order shall provide for the following geographic regions: (A) Region I shall comprise Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and West Virginia. (B) Region II shall comprise Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. (C) Region III shall comprise Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. (D) Region IV shall comprise Arizona, Arkansas, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas. (E) Region V shall comprise Alaska, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming. (3) Adjustment of geographic regions The order shall provide that the Secretary may, upon recommendation of the Board, modify the composition of the geographic regions described in paragraph (2) . 7. Referenda (a) Initial Referendum (1) Referendum required During the 60-day period immediately preceding the proposed effective date of the order issued under section 4, the Secretary shall conduct a referendum among manufacturers required to pay assessments under the order, as provided in section 6 . (2) Approval of order needed The order shall become effective only if the Secretary determines that the order has been approved by a simple majority of all votes cast in the referendum. (b) Votes permitted (1) In general Each manufacturer eligible to vote in a referendum conducted under this section shall be entitled to cast one vote for each machine cavity in operation that is operated by such manufacturer if they satisfy the eligibility requirements as defined in paragraph (2). (2) Eligibility For purposes of paragraph (1), manufacturers shall be considered to be eligible to vote if they have manufactured concrete masonry products during a period of at least 180 days prior to the referendum. (c) Manner of conducting referenda (1) In general Referenda conducted pursuant to this section shall be conducted in a manner determined by the Secretary. (2) Advance registration A manufacturer who chooses to vote in any referendum conducted under this section shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4) . (3) Voting The Secretary shall establish procedures for voting in any referendum conducted under this section. The ballots and other information or reports that reveal or tend to reveal the identity or vote of voters shall be strictly confidential. (4) Notice Not later than 30 days before a referendum is conducted under this section with respect to an order, the Secretary shall notify all manufacturers, in such a manner as determined by the Secretary, of the period during which voting in the referendum will occur. The notice shall explain any registration and voting procedures established under this subsection. (d) Subsequent referenda If an order is approved in a referendum conducted under subsection (a) , the Secretary shall conduct a subsequent referendum— (1) at the request of the Board, subject to the voting requirements of subsections (b) and (c), to ascertain whether eligible manufacturers favor suspension, termination, or continuance of the order; or (2) effective beginning on the date that is 5 years after the date of the approval of the order, and at 5-year intervals thereafter, at the request of 25 percent or more of the number of persons eligible to vote under subsection (b) . (e) Suspension or termination If, as a result of a referendum conducted under subsection (d) , the Secretary determines that suspension or termination of the order is favored by a simple majority of all votes cast in the referendum, the Secretary shall— (1) not later than 180 days after the referendum, suspend or terminate, as appropriate, collection of assessments under the order; and (2) suspend or terminate, as appropriate, activities under the order as soon as practicable and in an orderly manner. (f) Costs of referenda The Board established under an order with respect to which a referendum is conducted under this section shall reimburse the Secretary from assessments for any expenses incurred by the Secretary to conduct the referendum. 8. Petition and review (a) Petition (1) In general A person subject to an order issued under this Act may file with the Secretary a petition— (A) stating that the order, any provision of the order, or any obligation imposed in connection with the order, is not established in accordance with law; and (B) requesting a modification of the order or an exemption from the order. (2) Hearing The Secretary shall give the petitioner an opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary. (3) Ruling After the hearing, the Secretary shall make a ruling on the petition. The ruling shall be final, subject to review as set forth in subsection (b) . (4) Limitation on petition Any petition filed under this subsection challenging an order, any provision of the order, or any obligation imposed in connection with the order, shall be filed within 2 years after the effective date of the order, provision, or obligation subject to challenge in the petition. (b) Review (1) Commencement of action The district courts of the United States in any district in which a person who is a petitioner under subsection (a) resides or conducts business shall have jurisdiction to review the ruling of the Secretary on the petition of the person, if a complaint requesting the review is filed no later than 20 days after the date of the entry of the ruling by the Secretary. (2) Process Service of process in proceedings under this subsection shall be conducted in accordance with the Federal Rules of Civil Procedure. (3) Remands If the court in a proceeding under this subsection determines that the ruling of the Secretary on the petition of the person is not in accordance with law, the court shall remand the matter to the Secretary with directions— (A) to make such ruling as the court shall determine to be in accordance with law; or (B) to take such further action as, in the opinion the court, the law requires. (c) Enforcement The pendency of proceedings instituted under this section shall not impede, hinder, or delay the Attorney General or the Secretary from obtaining relief under section 9 . 9. Enforcement (a) Jurisdiction A district court of the United States shall have jurisdiction to enforce, and to prevent and restrain any person from violating, this Act or an order or regulation issued by the Secretary under this Act. (b) Referral to Attorney General A civil action authorized to be brought under this section shall be referred to the Attorney General of the United States for appropriate action. (c) Civil penalties and orders (1) Civil penalties A person who willfully violates an order or regulation issued by the Secretary under this Act may be assessed by the Secretary a civil penalty of not more than $5,000 for each violation. (2) Separate offense Each violation and each day during which there is a failure to comply with an order or regulation issued by the Secretary shall be considered to be a separate offense. (3) Cease-and-desist orders In addition to, or in lieu of, a civil penalty, the Secretary may issue an order requiring a person to cease and desist from violating the order or regulation. (4) Notice and hearing No order assessing a penalty or cease-and-desist order may be issued by the Secretary under this subsection unless the Secretary provides notice and an opportunity for a hearing on the record with respect to the violation. (5) Finality An order assessing a penalty or a cease-and-desist order issued under this subsection by the Secretary shall be final and conclusive unless the person against whom the order is issued files an appeal from the order with the appropriate district court of the United States, as provided in subsection (d) . (d) Additional remedies The remedies provided in this Act shall be in addition to, and not exclusive of, other remedies that may be available. 10. Investigation and power to subpoena (a) Investigations The Secretary may conduct such investigations as the Secretary considers necessary for the effective administration of this Act, or to determine whether any person has engaged or is engaging in any act that constitutes a violation of this Act or any order or regulation issued under this Act. (b) Subpoenas, oaths, and affirmations (1) Investigations For the purpose of conducting an investigation under subsection (a) , the Secretary may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The production of the records may be required from any place in the United States. (2) Administrative hearings For the purpose of an administrative hearing held under section 8(a)(2) or section 9(c)(4) , the presiding officer may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of any records that are relevant to the inquiry. The attendance of witnesses and the production of the records may be required from any place in the United States. (c) Aid of courts (1) In general In the case of contumacy by, or refusal to obey a subpoena issued under subsection (b) to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which the investigation or proceeding is conducted, or where the person resides or conducts business, in order to enforce a subpoena issued under subsection (b) . (2) Order The court may issue an order requiring the person referred to in paragraph (1) to comply with a subpoena referred to in paragraph (1) . (3) Failure to obey Any failure to obey the order of the court may be punished by the court as a contempt of court. (4) Process Process in any proceeding under this subsection may be served in the United States judicial district in which the person being proceeded against resides or conducts business, or wherever the person may be found. 11. Suspension or termination (a) Mandatory suspension or termination The Secretary shall suspend or terminate an order or a provision of an order if the Secretary finds that an order or provision of an order obstructs or does not tend to effectuate the purpose of this Act, or if the Secretary determines that the order or a provision of an order is not favored by persons voting in a referendum conducted under section 7 . (b) Implementation of suspension or termination If, as a result of a referendum conducted under section 7 , the Secretary determines that the order is not approved, the Secretary shall— (1) not later than 180 days after making the determination, suspend or terminate, as the case may be, collection of assessments under the order; and (2) as soon as practicable, suspend or terminate, as the case may be, activities under the order in an orderly manner. 12. Confidentiality Nothing in this Act shall be construed to require the Board to disclose information or records under section 552 of title 5, United States Code. 13. Amendments to orders The provisions of this Act applicable to the order shall be applicable to any amendment to the order, except that section 8 shall not apply to an amendment. 14. Effect on other laws This Act shall not affect or preempt any other Federal or State law authorizing research, education, and promotion relating to concrete masonry products. 15. Regulations The Secretary may issue such regulations as may be necessary to carry out this Act and the power vested in the Secretary under this Act. 16. Limitation on expenditures for administrative expenses Funds appropriated to carry out this Act may not be used for the payment of the expenses or expenditures of the Board in administering the order.

https://www.govinfo.gov/content/pkg/BILLS-113hr1563ih/xml/BILLS-113hr1563ih.xml

113-hr-1564

I 113th CONGRESS 1st Session H. R. 1564 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Hurt (for himself and Mr. Meeks ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Sarbanes-Oxley Act of 2002 to prohibit the Public Company Accounting Oversight Board from requiring public companies to use specific auditors or require the use of different auditors on a rotating basis. 1. Short title This Act may be cited as the Audit Integrity and Job Protection Act . 2. Limitation on authority relating to auditors Section 103 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7213 ) is amended by adding at the end the following: (e) Limitation on authority The Board shall have no authority under this title to require that audits conducted for a particular issuer in accordance with the standards set forth under this section be conducted by specific auditors, or that such audits be conducted for an issuer by different auditors on a rotating basis. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1564ih/xml/BILLS-113hr1564ih.xml

113-hr-1565

I 113th CONGRESS 1st Session H. R. 1565 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. King of New York (for himself, Mr. Thompson of California , Mr. Fitzpatrick , Mr. Meehan , Mrs. McCarthy of New York , and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect Second Amendment rights, ensure that all individuals who should be prohibited from buying a firearm are listed in the National Instant Criminal Background Check System, and provide a responsible and consistent background check process. 1. Short title; table of contents (a) Short title This Act may be cited as the Public Safety and Second Amendment Rights 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. Findings. Sec. 3. Rule of construction. Sec. 4. Severability. Title I—Ensuring that all individuals who should be prohibited from buying a gun are listed in the National Instant Criminal Background Check System Sec. 101. Reauthorization of the National Criminal History Records Improvement Program. Sec. 102. Improvement of metrics and incentives. Sec. 103. Grants to States for improvement of coordination and automation of NICS record reporting. Sec. 104. Relief from disabilities program. Sec. 105. Additional protections for our veterans. Sec. 106. Clarification that Federal court information is to be made available to the National Instant Criminal Background Check System. Sec. 107. Clarification that submission of mental health records to the National Instant Criminal Background Check System is not prohibited by the Health Insurance Portability and Accountability Act. Sec. 108. Publication of NICS index statistics. Sec. 109. Effective date. Title II—Providing a Responsible and Consistent Background Check Process Sec. 201. Purpose. Sec. 202. Firearms transfers. Sec. 203. Penalties. Sec. 204. Firearms dispositions. Sec. 205. Firearm dealer access to law enforcement information. Sec. 206. Dealer location. Sec. 207. Residence of United States officers. Sec. 208. Interstate transportation of firearms or ammunition. Sec. 209. Rule of construction. Sec. 210. Effective date. Title III—National Commission on Mass Violence Sec. 301. Short title. Sec. 302. National Commission on Mass Violence. Sec. 303. Duties of the Commission. Sec. 304. Powers of the Commission. Sec. 305. Commission personnel matters. Sec. 306. Authorization of appropriations. Sec. 307. Termination of the Commission. 2. Findings Congress finds the following: (1) Congress supports, respects, and defends the fundamental, individual right to keep and bear arms guaranteed by the Second Amendment to the Constitution of the United States. (2) Congress supports and reaffirms the existing prohibition on a national firearms registry. (3) Congress believes the Department of Justice should prosecute violations of background check requirements to the maximum extent of the law. (4) There are deficits in the background check system in existence prior to the date of enactment of this Act and the Department of Justice should make it a top priority to work with States to swiftly input missing records, including mental health records. (5) Congress and the citizens of the United States agree that in order to promote safe and responsible gun ownership, dangerous criminals and the seriously mentally ill should be prohibited from possessing firearms; therefore, it should be incumbent upon all citizens to ensure weapons are not being transferred to such people. 3. Rule of construction Nothing in this Act, or any amendment made by this Act, shall be construed to— (1) expand in any way the enforcement authority or jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or (2) allow the establishment, directly or indirectly, of a Federal firearms registry. 4. Severability If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected. I Ensuring that all individuals who should be prohibited from buying a gun are listed in the National Instant Criminal Background Check System 101. Reauthorization of the National Criminal History Records Improvement Program Section 106(b) of Public Law 103–159 (18 U.S.C. 922 note) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking of this Act and inserting of the Public Safety and Second Amendment Rights Protection Act of 2013 ; and (2) by striking paragraph (2) and inserting the following: (2) Authorization of appropriations There are authorized to be appropriated for grants under this subsection $100,000,000 for each of fiscal years 2014 through 2017. . 102. Improvement of metrics and incentives Section 102(b) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended to read as follows: (b) Implementation plan (1) In general Not later than 1 year after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Attorney General, in coordination with the States, shall establish for each State or Indian tribal government desiring a grant under section 103 a 4-year implementation plan to ensure maximum coordination and automation of the reporting of records or making records available to the National Instant Criminal Background Check System. (2) Benchmark requirements Each 4-year plan established under paragraph (1) shall include annual benchmarks, including both qualitative goals and quantitative measures, to assess implementation of the 4-year plan. (3) Penalties for non-compliance (A) In general During the 4-year period covered by a 4-year plan established under paragraph (1), the Attorney General shall withhold— (i) 10 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the first year in the 4-year period; (ii) 11 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the second year in the 4-year period; (iii) 13 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the third year in the 4-year period; and (iv) 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the fourth year in the 4-year period. (B) Failure to establish a plan A State that fails to establish a plan under paragraph (1) shall be treated as having not met any benchmark established under paragraph (2). . 103. Grants to States for improvement of coordination and automation of NICS record reporting (a) In general The NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— (1) by striking section 103 and inserting the following: 103. Grants to States for improvement of coordination and automation of NICS record reporting (a) Authorization From amounts made available to carry out this section, the Attorney General shall make grants to States, Indian Tribal governments, and State court systems, in a manner consistent with the National Criminal History Improvement Program and consistent with State plans for integration, automation, and accessibility of criminal history records, for use by the State, or units of local government of the State, Indian Tribal government, or State court system to improve the automation and transmittal of mental health records and criminal history dispositions, records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, court orders, and mental health adjudications or commitments to Federal and State record repositories in accordance with section 102 and the National Criminal History Improvement Program. (b) Use of grant amounts Grants awarded to States, Indian Tribal governments, or State court systems under this section may only be used to— (1) carry out, as necessary, assessments of the capabilities of the courts of the State or Indian Tribal government for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; (2) implement policies, systems, and procedures for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; (3) create electronic systems that provide accurate and up-to-date information which is directly related to checks under the National Instant Criminal Background Check System, including court disposition and corrections records; (4) assist States or Indian Tribal governments in establishing or enhancing their own capacities to perform background checks using the National Instant Criminal Background Check System; and (5) develop and maintain the relief from disabilities program in accordance with section 105. (c) Eligibility (1) In general To be eligible for a grant under this section, a State, Indian Tribal government, or State court system shall certify, to the satisfaction of the Attorney General, that the State, Indian Tribal government, or State court system— (A) is not prohibited by State law or court order from submitting mental health records to the National Instant Criminal Background Check System; and (B) subject to paragraph (2), has implemented a relief from disabilities program in accordance with section 105. (2) Relief from disabilities program For purposes of obtaining a grant under this section, a State, Indian Tribal government, or State court system shall not be required to meet the eligibility requirement described in paragraph (1)(B) until the date that is 2 years after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 . (d) Federal share (1) Studies, assessments, non-material activities The Federal share of a study, assessment, creation of a task force, or other non-material activity, as determined by the Attorney General, carried out with a grant under this section shall be not more than 25 percent. (2) Infrastructure or system development The Federal share of an activity involving infrastructure or system development, including labor-related costs, for the purpose of improving State or Indian Tribal government record reporting to the National Instant Criminal Background Check System carried out with a grant under this section may amount to 100 percent of the cost of the activity. (e) Grants to indian tribes Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments for use by Indian tribal judicial systems. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2014 through 2017. ; (2) by striking title III; and (3) in section 401(b), by inserting after of this Act the following: and 18 months after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 . (b) Technical and conforming amendment The table of sections in section 1(b) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. Grants to States for improvement of coordination and automation of NICS record reporting. . 104. Relief from disabilities program Section 105 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended by adding at the end the following: (c) Penalties for non-Compliance (1) 10 percent reduction During the 1-year period beginning 2 years after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Attorney General shall withhold 10 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State has not implemented a relief from disabilities program in accordance with this section. (2) 11 percent reduction During the 1-year period after the expiration of the period described in paragraph (1), the Attorney General shall withhold 11 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section. (3) 13 percent reduction During the 1-year period after the expiration of the period described in paragraph (2), the Attorney General shall withhold 13 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section. (4) 15 percent reduction After the expiration of the 1-year period described in paragraph (3), the Attorney General shall withhold 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State has not implemented a relief from disabilities program in accordance with this section. . 105. Additional protections for our veterans (a) In general Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes (a) In general In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is determined by the Secretary to be mentally incompetent shall not be considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18 until— (1) in the case in which the person does not request a review as described in subsection (c)(1), the end of the 30-day period beginning on the date on which the person receives notice submitted under subsection (b); or (2) in the case in which the person requests a review as described in paragraph (1) of subsection (c), upon an assessment by the board designated or established under paragraph (2) of such subsection or court of competent jurisdiction that a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. (b) Notice Notice submitted under this subsection to a person described in subsection (a) is notice submitted by the Secretary that notifies the person of the following: (1) The determination made by the Secretary. (2) A description of the implications of being considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18. (3) The person's right to request a review under subsection (c)(1). (c) Administrative review (1) Not later than 30 days after the date on which a person described in subsection (a) receives notice submitted under subsection (b), such person may request a review by the board designed or established under paragraph (2) or a court of competent jurisdiction to assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. In such assessment, the board may consider the person’s honorable discharge or decoration. (2) Not later than 180 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Secretary shall designate or establish a board that shall, upon request of a person under paragraph (1), assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. (d) Judicial review Not later than 30 days after the date of an assessment of a person under subsection (c) by the board designated or established under paragraph (2) of such subsection, such person may file a petition for judicial review of such assessment with a Federal court of competent jurisdiction. (e) Protecting rights of veterans with existing records Not later than 90 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Secretary shall provide written notice of the opportunity for administrative review and appeal under subsection (c) to all persons who, on the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , are considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18 as a result of having been found by the Department of Veterans Affairs to be mentally incompetent. (f) Future determinations (1) In general Not later than 180 days after the enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Secretary shall review the policies and procedures by which individuals are determined to be mentally incompetent, and shall revise such policies and procedures as necessary to ensure that any individual who is competent to manage his own financial affairs, including his receipt of Federal benefits, but who voluntarily turns over the management thereof to a fiduciary is not considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18. (2) Report Not later than 30 days after the Secretary has made the review and changes required under paragraph (1), the Secretary shall submit to Congress a report detailing the results of the review and any resulting policy and procedural changes. . (b) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes. . (c) Applicability Section 5511 of title 38, United States Code (as added by this section), shall apply only with respect to persons who are determined by the Secretary of Veterans Affairs, on or after the date of the enactment of this Act, to be mentally incompetent, except that those persons who are provided notice pursuant to section 5511(e) of such title shall be entitled to use the administrative review under section 5511(c) of such title and, as necessary, the subsequent judicial review under section 5511(d) of such title. 106. Clarification that Federal court information is to be made available to the National Instant Criminal Background Check System Section 103(e)(1) of Public Law 103–159 (18 U.S.C. 922 note), is amended by adding at the end the following: (F) Application to federal courts In this subsection— (i) the terms department or agency of the United States and Federal department or agency include a Federal court; and (ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency. . 107. Clarification that submission of mental health records to the National Instant Criminal Background Check System is not prohibited by the Health Insurance Portability and Accountability Act Information collected under section 102(c)(3) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) to assist the Attorney General in enforcing section 922(g)(4) of title 18, United States Code, shall not be subject to the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). 108. Publication of NICS index statistics Not later than 180 days after the date of enactment of this Act, and biannually thereafter, the Attorney General shall make the National Instant Criminal Background Check System index statistics available on a publically accessible Internet website. 109. Effective date The amendments made by this title shall take effect 180 days after the date of enactment of this Act. II Providing a Responsible and Consistent Background Check Process 201. Purpose The purpose of this title is to enhance the current background check process in the United States to ensure criminals and the mentally ill are not able to purchase firearms. 202. Firearms transfers (a) In general Section 922 of title 18, United States Code, is amended— (1) by repealing subsection (s); (2) by redesignating subsection (t) as subsection (s); (3) in subsection (s), as redesignated— (A) in paragraph (1)(B)— (i) in clause (i), by striking or ; (ii) in clause (ii), by striking and at the end; and (iii) by adding at the end the following: (iii) in the case of an instant background check conducted at a gun show or event during the 4-year period beginning on the effective date under section 210(a) of the Public Safety and Second Amendment Rights Protection Act of 2013 , 48 hours have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; or (iv) in the case of an instant background check conducted at a gun show or event after the 4-year period described in clause (iii), 24 hours have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and ; (B) in paragraph (3)(C)(ii), by striking (as defined in subsection (s)(8)) ; and (C) by adding at the end the following: (7) In this subsection— (A) the term chief law enforcement officer means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual; and (B) the term gun show or event has the meaning given the term in subsection (t)(7). (8) The Federal Bureau of Investigation shall not charge a user fee for a background check conducted pursuant to this subsection. (9) Notwithstanding any other provision of this chapter, upon receiving a request for an instant background check that originates from a gun show or event, the system shall complete the instant background check before completing any pending instant background check that did not originate from a gun show or event. ; and (4) by inserting after subsection (s), as redesignated, the following: (t) (1) Beginning on the date that is 180 days after the date of enactment of this subsection and except as provided in paragraph (2), it shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs— (A) at a gun show or event, on the curtilage thereof; or (B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm. (2) Paragraph (1) shall not apply if— (A) the transfer is made after a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s), and upon taking possession of the firearm, the licensee— (i) complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee’s business inventory to the unlicensed transferee, except that when processing a transfer under this chapter the licensee may accept in lieu of conducting a background check a valid permit issued within the previous 5 years by a State, or a political subdivision of a State, that allows the transferee to possess, acquire, or carry a firearm, if the law of the State, or political subdivision of a State, that issued the permit requires that such permit is issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; (B) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State, if— (i) the Attorney General certifies that State in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section; and (ii) the transfer was conducted in compliance with the laws of the State; (C) the transfer is made between spouses, between parents or spouses of parents and their children or spouses of their children, between siblings or spouses of siblings, or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren, or between aunts or uncles or their spouses and their nieces or nephews or their spouses, or between first cousins, if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under Federal, State, or local law; or (D) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986. (3) A licensed importer, licensed manufacturer, or licensed dealer who processes a transfer of a firearm authorized under paragraph (2)(A) shall not be subject to a license revocation or license denial based solely upon a violation of those paragraphs, or a violation of the rules or regulations promulgated under this paragraph, unless the licensed importer, licensed manufacturer, or licensed dealer— (A) knows or has reasonable cause to believe that the information provided for purposes of identifying the transferor, transferee, or the firearm is false; (B) knows or has reasonable cause to believe that the transferee is prohibited from purchasing, receiving, or possessing a firearm by Federal or State law, or published ordinance; or (C) knowingly violates any other provision of this chapter, or the rules or regulations promulgated thereunder. (4) (A) Notwithstanding any other provision of this chapter, except for section 923(m), the Attorney General may implement this subsection with regulations. (B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (2)(A). (C) Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers. (D) Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (2)(A). (5) (A) A person other than a licensed importer, licensed manufacturer, or licensed dealer, who makes a transfer of a firearm in accordance with this section, or who is the organizer of a gun show or event at which such transfer occurs, shall be immune from a qualified civil liability action relating to the transfer of the firearm as if the person were a seller of a qualified product. (B) A provider of an interactive computer service shall be immune from a qualified civil liability action relating to the transfer of a firearm as if the provider of an interactive computer service were a seller of a qualified product. (C) In this paragraph— (i) the term interactive computer service shall have the meaning given the term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ); and (ii) the terms qualified civil liability action , qualified product , and seller shall have the meanings given the terms in section 4 of the Protection of Lawful Commerce in Arms Act ( 15 U.S.C. 7903 ). (D) Nothing in this paragraph shall be construed to affect the immunity of a provider of an interactive computer service under section 230 of the Communications Act of 1934 (47 U.S.C. 230). (6) In any civil liability action in any State or Federal court arising from the criminal or unlawful use of a firearm following a transfer of such firearm for which no background check was required under this section, this section shall not be construed— (A) as creating a cause of action for any civil liability; or (B) as establishing any standard of care. (7) For purposes of this subsection, the term gun show or event — (A) means any event at which 75 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and (B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923. . (b) Prohibiting the seizure of records or documents Section 923(g)(1)(D) is amended by striking, The inspection and examination authorized by this paragraph shall not be construed as authorizing the Attorney General to seize any records or other documents other than those records or documents constituting material evidence of a violation of law, and inserting the following: The Attorney General shall be prohibited from seizing any records or other documents in the course of an inspection or examination authorized by this paragraph other than those records or documents constituting material evidence of a violation of law. . (c) Prohibition of national gun registry Section 923 of title 18, United States Code, is amended by adding at the end the following: (m) The Attorney General may not consolidate or centralize the records of the— (1) acquisition or disposition of firearms, or any portion thereof, maintained by— (A) a person with a valid, current license under this chapter; (B) an unlicensed transferor under section 922(t); or (2) possession or ownership of a firearm, maintained by any medical or health insurance entity. . (d) Technical and conforming amendments (1) Section 922 Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and inserting and (g)(5)(B) . (2) Consolidated and Further Continuing Appropriations Act, 2012 Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 922 note) is amended by striking subsection 922(t) and inserting subsection (s) or (t) of section 922 each place it appears. 203. Penalties Section 924 of title 18, United States Code, is amended— (1) in subsection (a), by adding at the end the following: (8) Whoever makes or attempts to make a transfer of a firearm in violation of section 922(t) to a person not licensed under this chapter who is prohibited from receiving a firearm under subsection (g) or (n) of section 922 or State law, to a law enforcement officer, or to a person acting at the direction of, or with the approval of, a law enforcement officer authorized to investigate or prosecute violations of section 922(t), shall be fined under this title, imprisoned not more than 5 years, or both. ; and (2) by adding at the end the following: (q) Improper use of storage of records Any person who knowingly violates section 923(m) shall be fined under this title, imprisoned not more than 15 years, or both. . 204. Firearms dispositions Section 922(b)(3) of title 18, United States Code, is amended— (1) in the matter preceding subparagraph (A), by striking located and inserting located or temporarily located ; and (2) in subparagraph (A)— (A) by striking rifle or shotgun and inserting firearm ; (B) by striking located and inserting located or temporarily located ; and (C) by striking both such States and inserting the State in which the transfer is conducted and the State of residence of the transferee . 205. Firearm dealer access to law enforcement information Section 103(b) of Public Law 103–159 (18 U.S.C. 922 note), is amended— (1) by striking Not later than and inserting the following: (1) In general Not later than ; and (2) by adding at the end the following: (2) Voluntary background checks Not later than 90 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Attorney General shall promulgate regulations allowing licensees to use the National Instant Criminal Background Check System established under this section for purposes of conducting voluntary preemployment background checks on prospective employees. . 206. Dealer location Section 923 of title 18, United States Code, is amended— (1) in subsection (j)— (A) in the first sentence, by striking , and such location is in the State which is specified on the license ; and (B) in the last sentence— (i) by inserting transfer, after sell, ; and (ii) by striking Act, and all that follows and inserting Act. ; and (2) by adding after subsection (m), as added by section 202(c), the following: (n) Nothing in this chapter shall be construed to prohibit the sale, transfer, delivery, or other disposition of a firearm or ammunition not otherwise prohibited under this chapter— (1) by a person licensed under this chapter to another person so licensed, at any location in any State; or (2) by a licensed importer, licensed manufacturer, or licensed dealer to a person not licensed under this chapter, at a temporary location described in subsection (j) in any State. . 207. Residence of United States officers Section 921 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: (b) For purposes of this chapter: (1) A member of the Armed Forces on active duty, or a spouse of such a member, is a resident of— (A) the State in which the member or spouse maintains legal residence; (B) the State in which the permanent duty station of the member is located; and (C) the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member. (2) An officer or employee of the United States (other than a member of the Armed Forces) who is stationed outside the United States for a period of more than 1 year, and a spouse of such an officer or employee, is a resident of the State in which the person maintains legal residence. . 208. Interstate transportation of firearms or ammunition (a) In general Section 926A of title 18, United States Code, is amended to read as follows: 926A. Interstate transportation of firearms or ammunition (a) Definition In this section, the term transport — (1) includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport; and (2) does not include transportation— (A) with the intent to commit a crime punishable by imprisonment for a term exceeding 1 year that involves a firearm; or (B) with knowledge, or reasonable cause to believe, that a crime described in subparagraph (A) is to be committed in the course of, or arising from, the transportation. (b) Authorization Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to— (1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation— (A) the firearm is unloaded; and (B) (i) if the transportation is by motor vehicle— (I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or (II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is— (aa) in a locked container other than the glove compartment or console; or (bb) secured by a secure gun storage or safety device; or (ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and (2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation— (A) the ammunition is not loaded into a firearm; and (B) (i) if the transportation is by motor vehicle— (I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or (II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or (ii) if the transportation is by other means, the ammunition is in a locked container. (c) Limitation on arrest authority A person who is transporting a firearm or ammunition may not be— (1) arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause that the transportation is not in accordance with subsection (b); or (2) detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b). . (b) Technical and conforming amendment The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following: 926A. Interstate transportation of firearms or ammunition. . 209. Rule of construction Nothing in this title, or an amendment made by this title, shall be construed— (1) to extend background check requirements to transfers other than those made at gun shows or on the curtilage thereof, or pursuant to an advertisement, posting, display, or other listing on the Internet or in a publication by the transferor of the intent of the transferor to transfer, or the transferee of the intent of the transferee to acquire, the firearm; or (2) to extend background check requirements to temporary transfers for purposes including lawful hunting or sporting or to temporary possession of a firearm for purposes of examination or evaluation by a prospective transferee. 210. Effective date (a) In general Except as provided in subsection (b), this title and the amendments made by this title shall take effect 180 days after the date of enactment of this Act. (b) Firearm dealer access to law enforcement information Section 205 and the amendments made by section 205 shall take effect on the date of enactment of this Act. III National Commission on Mass Violence 301. Short title This title may be cited as the National Commission on Mass Violence Act of 2013 . 302. National Commission on Mass Violence (a) Establishment of commission There is established a commission to be known as the National Commission on Mass Violence (in this title referred to as the Commission ) to study the availability and nature of firearms, including the means of acquiring firearms, issues relating to mental health, and all positive and negative impacts of the availability and nature of firearms on incidents of mass violence or in preventing mass violence. (b) Membership (1) Appointments The Commission shall be composed of 12 members, of whom— (A) 6 members of the Commission shall be appointed by the Majority Leader of the Senate, in consultation with the Democratic leadership of the House of Representatives, 1 of whom shall serve as Chairman of the Commission; and (B) 6 members of the Commission shall be appointed by the Speaker of the House of Representatives, in consultation with the Republican leadership of the Senate, 1 of whom shall serve as Vice Chairman of the Commission. (2) Persons eligible (A) In general The members appointed to the Commission shall include— (i) well-known and respected individuals among their peers in their respective fields of expertise; and (ii) not less than 1 non-elected individual from each of the following categories, who has expertise in the category, by both experience and training: (I) Firearms. (II) Mental health. (III) School safety. (IV) Mass media. (B) Experts In identifying the individuals to serve on the Commission, the appointing authorities shall take special care to identify experts in the fields described in section 303(a)(2). (C) Party affiliation Not more than 6 members of the Commission shall be from the same political party. (3) Completion of appointments; vacancies Not later than 30 days after the date of enactment of this Act, the appointing authorities under paragraph (1) shall each make their respective appointments. Any vacancy that occurs during the life of the Commission shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. (4) Operation of the commission (A) Meetings (i) In general The Commission shall meet at the call of the Chairman. (ii) Initial meeting The initial meeting of the Commission shall be conducted not later than 30 days after the later of— (I) the date of the appointment of the last member of the Commission; or (II) the date on which appropriated funds are available for the Commission. (B) Quorum; vacancies; voting; rules A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. Each member of the Commission shall have 1 vote, and the vote of each member shall be accorded the same weight. The Commission may establish by majority vote any other rules for the conduct of the Commission’s business, if such rules are not inconsistent with this title or other applicable law. 303. Duties of the Commission (a) Study (1) In general It shall be the duty of the Commission to conduct a comprehensive factual study of incidents of mass violence, including incidents of mass violence not involving firearms, in the context of the many acts of senseless mass violence that occur in the United States each year, in order to determine the root causes of such mass violence. (2) Matters to be studied In determining the root causes of these recurring and tragic acts of mass violence, the Commission shall study any matter that the Commission determines relevant to meeting the requirements of paragraph (1), including at a minimum— (A) the role of schools, including the level of involvement and awareness of teachers and school administrators in the lives of their students and the availability of mental health and other resources and strategies to help detect and counter tendencies of students towards mass violence; (B) the effectiveness of and resources available for school security strategies to prevent incidents of mass violence; (C) the role of families and the availability of mental health and other resources and strategies to help families detect and counter tendencies toward mass violence; (D) the effectiveness and use of, and resources available to, the mental health system in understanding, detecting, and countering tendencies toward mass violence, as well as the effects of treatments and therapies; (E) whether medical doctors and other mental health professionals have the ability, without negative legal or professional consequences, to notify law enforcement officials when a patient is a danger to himself or others; (F) the nature and impact of the alienation of the perpetrators of such incidents of mass violence from their schools, families, peer groups, and places of work; (G) the role that domestic violence plays in causing incidents of mass violence; (H) the effect of depictions of mass violence in the media, and any impact of such depictions on incidents of mass violence; (I) the availability and nature of firearms, including the means of acquiring such firearms, and all positive and negative impacts of such availability and nature on incidents of mass violence or in preventing mass violence; (J) the role of current prosecution rates in contributing to the availability of weapons that are used in mass violence; (K) the availability of information regarding the construction of weapons, including explosive devices, and any impact of such information on such incidents of mass violence; (L) the views of law enforcement officials, religious leaders, mental health experts, and other relevant officials on the root causes and prevention of mass violence; (M) incidents in which firearms were used to stop mass violence; and (N) any other area that the Commission determines contributes to the causes of mass violence. (3) Testimony of victims and survivors In determining the root causes of these recurring and tragic incidents of mass violence, the Commission shall, in accordance with section 304(a), take the testimony of victims and survivors to learn and memorialize their views and experiences regarding such incidents of mass violence. (b) Recommendations Based on the findings of the study required under subsection (a), the Commission shall make recommendations to the President and Congress to address the causes of these recurring and tragic incidents of mass violence and to reduce such incidents of mass violence. (c) Reports (1) Interim report Not later than 3 months after the date on which the Commission first meets, the Commission shall submit to the President and Congress an interim report describing any initial recommendations of the Commission. (2) Final report Not later than 6 months after the date on which the Commission first meets, the Commission shall submit to the President and Congress a comprehensive report of the findings and conclusions of the Commission, together with the recommendations of the Commission. (3) Summaries The report under paragraph (2) shall include a summary of— (A) the reports submitted to the Commission by any entity under contract for research under section 304(e); and (B) any other material relied on by the Commission in the preparation of the report. 304. Powers of the Commission (a) Hearings (1) In general The Commission may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under section 143. (2) Witness expenses Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. (b) Information from Federal agencies The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out its duties under section 143. Upon the request of the Commission, the head of such agency may furnish such information to the Commission. (c) Information To be kept confidential (1) In general The Commission shall be considered an agency of the Federal Government for purposes of section 1905 of title 18, United States Code, and any individual employed by any individual or entity under contract with the Commission under subsection (d) shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code. (2) Disclosure Information obtained by the Commission or the Attorney General under this title and shared with the Commission, other than information available to the public, shall not be disclosed to any person in any manner, except— (A) to Commission employees or employees of any individual or entity under contract to the Commission under subsection (d) for the purpose of receiving, reviewing, or processing such information; (B) upon court order; or (C) when publicly released by the Commission in an aggregate or summary form that does not directly or indirectly disclose— (i) the identity of any person or business entity; or (ii) any information which could not be released under section 1905 of title 18, United States Code. (d) Contracting for research The Commission may enter into contracts with any entity for research necessary to carry out the duties of the Commission under section 303. 305. Commission personnel matters (a) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government 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 the duties of the Commission. All members of the Commission 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. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (c) Staff (1) In general The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional employees as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation The executive director shall be compensated at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairman may fix the compensation of other employees without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such employees may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of temporary and intermittent services The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 306. Authorization of appropriations There are authorized to be appropriated to the Commission and any agency of the Federal Government assisting the Commission in carrying out its duties under this title such sums as may be necessary to carry out the purposes of this title. Any sums appropriated shall remain available, without fiscal year limitation, until expended. 307. Termination of the Commission The Commission shall terminate 30 days after the Commission submits the final report under section 303(c)(2).

https://www.govinfo.gov/content/pkg/BILLS-113hr1565ih/xml/BILLS-113hr1565ih.xml

113-hr-1566

I 113th CONGRESS 1st Session H. R. 1566 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Luetkemeyer (for himself and Mr. Meeks ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To create a Federal charter for Internet consumer credit corporations, and for other purposes. 1. Short title This Act may be cited as the Consumer Credit Access, Innovation, and Modernization Act . 2. Findings; purpose; and intent (a) Findings Congress finds the following: (1) Studies by the Federal Deposit Insurance Corporation (FDIC), National Bureau of Economic Research, FINRA Investor Education Foundation, and other credible parties have shown that roughly half of all American families, including not only lower and moderate income families but also a large segment of middle and higher income families who have poor credit scores and limited disposable incomes, are literally living paycheck-to-paycheck, lacking adequate savings and other resources to cover unplanned expenses that frequently arise in every household. (2) These consumers (in this Act referred to as underserved consumers ) include those who are unbanked , having neither a checking or savings account at a depository institution, and those who are underbanked , having such an account and frequently having higher incomes but credit impairments, while nonetheless needing to rely on nondepository financial institutions for short-term, small loans and other credit products and financial services they desperately need, but generally cannot obtain from traditional banking institutions. (3) Credit alternatives for underserved consumers generally are limited and often not well suited to their particular needs and in some instances lack any statutory consumer protections. (4) Programs by the FDIC and other parties to expand access to small loans and other financial products or services for underserved consumers through banking institutions have had very limited success because banks, which typically have relatively high operating costs, generally have been unable to make affordable small personal loans on a widespread, commercially viable basis to these higher risk consumers, most of whom may not even qualify for a loan under the high-credit standards regulators necessarily require insured depositories to maintain. (5) To the extent that depository institutions offer underserved consumers affordable small loans and other financial products or services on a commercially viable basis, they should be encouraged to do so, but it must be recognized that overcoming the practical business obstacles for depositories to offer such products or services appears to be quite difficult at best for most depositories, and given the massive scope of the short-term credit needs of such consumers, depositories most likely will be unable to provide affordable small loans and other financial products or services for a significant number of them. (6) Efforts of governmental, nonprofit, and private sector institutions to help underserved consumers manage their personal finances more effectively through financial education and counseling programs also are important and must continue, but given the tremendous number of consumers who face significant ongoing financial challenges, most such underserved consumers are likely to be unable to overcome their financial difficulties through such efforts. (7) Nondepository creditors historically have been primarily State-regulated, are not federally insured, generally pose little or no systemic or taxpayer risk, typically have lower operating costs and can employ less restrictive credit standards than depositories, and are a major source of small loans and financial products or services for underserved consumers, providing such consumers annually with billions of dollars in credit. (8) A number of nondepository creditors have developed advanced proprietary loan underwriting and servicing procedures and cutting-edge technologies allowing them to offer credit to more underserved consumers, but such creditors lack the authority available to national banks to operate on a multistate or nationwide basis using a single lending charter and subject to strong, uniform Federal regulation that would enable them to maximize their capacities to operate more innovatively and efficiently. (9) Nondepository creditors are instead subject to widely differing State licensing laws that impose substantial cost and compliance burdens, and, more significantly, laws that severely limit the types of financial products or services that may be offered, prevent loans from being provided on a commercially viable basis, stifle innovation, reduce competition, and leave underserved consumers with a limited choice of products or services that in many cases are not well suited to their personal needs and cost significantly more because of these conflicting and outdated restrictive State laws. (10) It is in the national interest and will greatly benefit the millions of underserved consumers who have pressing needs for additional credit alternatives for Congress to adopt legislation to authorize creditors the option of receiving a Federal charter under which they can provide such consumers loans and other financial products and services through the Internet and electronic devices and not traditional brick-and-mortar storefront locations, allowing them to operate more innovatively and efficiently on a nationwide basis. (11) An Internet consumer credit corporation chartered under this Act will be adequately regulated under Federal laws and regulations prescribed by the Comptroller of the Currency and the Director of the Consumer Financial Protection Bureau, and such laws and regulations shall be enforced in accordance with this Act without such corporation being subjected to duplicative and conflicting State laws that in many cases severely and unnecessarily restrict product innovation and choice and raise the cost of the limited credit choices now available to underserved consumers. (12) Allowing such federally regulated lending by Internet creditors as authorized by this Act through the Internet and by electronic devices, but not through traditional storefront, brick-and-mortar locations, on a nationwide basis, is consistent with the fact that consumers’ borrowing habits are shifting rapidly to seeking more financial product and service choices with the convenience, ease of credit access, and more alternatives provided by computers, mobile phones, and other electronic devices, and millions of underserved consumers will be able to secure credit from Internet consumer credit corporations that are subject to applicable State and Federal laws. (13) Small businesses, which are vital to job creation and the health of the Nation’s economy, also have a continuing need for additional credit alternatives, and allowing Internet consumer credit corporations to offer certain financial products and services to small businesses through the Internet and by electronic devices will be in the national interest. (b) Purpose and intent The purpose and intent of this Act is to— (1) provide underserved consumers greater access to innovative, affordable, commercially viable, and better suited financial products and services; (2) create a Federal charter for creditors that offer financial products or services through the Internet and electronic devices and not traditional brick-and-mortar storefront locations and focus their business primarily on meeting the credit needs of underserved consumers and small businesses, enabling such Internet creditors to provide more innovative, affordable, and appropriate credit options, subject to uniform Federal lending standards rather than operating under the widely varying, often conflicting, overly restrictive, and unnecessarily costly system of State lending laws that currently prevent nondepository creditors from offering underserved consumers and small businesses the credit options they need; (3) clarify that Congress understands that even with the more innovative and efficient lending authorized by this Act and reasonable pricing by Internet consumer credit corporations, the cost of commercially viable, short-term, small-dollar credit for higher risk underserved consumers typically will be considerably higher than the cost for other consumers who have no credit impairments and that when the cost of such credit is expressed in terms of an annual percentage rate, in most cases such rate will be much higher than such rate for larger, longer term loans, especially those made to consumers with unimpaired credit records, and therefore it should not be presumed or necessarily concluded that such credit extensions to underserved consumers are unfair or abusive, provided full disclosure of the cost of such credit is made as required by this Act and such corporation has a reasonable basis for determining that an underserved consumer can repay, therefore indicating that the credit is affordable; (4) require that the Comptroller exercise his or her authorities to administer, enforce, and implement the provisions of this Act and regulations prescribed pursuant to this Act to provide for ongoing prudential regulatory oversight of Internet consumer credit corporations and to promptly adopt reasonable and flexible policies and procedures to ensure the approval of Federal charters for qualified applicants, while also promoting the offering of innovative, affordable, and commercially viable financial products or services; and (5) require that the Director exercise his or her authorities to administer, enforce, and implement the provisions of Federal consumer financial laws and applicable provisions of this Act and regulations prescribed pursuant to this Act to ensure that underserved consumers receive effective consumer financial protections, while also promoting the offering of innovative, affordable, and commercially viable financial products or services. 3. Internet Consumer Credit Corporations (a) Federal charter In accordance with the provisions of this Act, and regulations prescribed pursuant to this Act, the Comptroller shall charter creditors which shall become Internet consumer credit corporations (hereinafter referred to as Internet creditors ) to offer financial products or services primarily to underserved consumers and small businesses as provided for in this Act. (b) Application required (1) In general A person that desires to obtain a Federal charter under this Act shall submit an application to the Comptroller at such time, in such manner, and accompanied by such information as the Comptroller may require. (2) Expeditious determination The Comptroller shall make a determination as to whether an application submitted under paragraph (1) is approved or denied expeditiously. (c) Requirements In seeking a Federal charter under this Act, an applicant shall meet the following requirements: (1) A business plan shall be established covering at least the initial 3-year period of operation as a commercially viable entity with its primary business activities being to serve the needs of underserved consumers and small businesses for credit and related financial services through the Internet and electronic devices and not through brick-and-mortar locations, and such plan shall— (A) realistically forecast market demand, the intended customer base, competition, economic conditions, financial projections, and business risks; (B) include a marketing plan that describes the types of financial products or services such creditor intends to offer, how it will market them, and how such products or services are expected to be affordable for underserved consumers and small businesses and commercially viable for the creditor; and (C) contain an acceptable plan for— (i) ensuring compliance with all applicable laws and regulations; and (ii) for promptly addressing complaints from underserved consumers and small businesses. (2) A competent and experienced management team of good moral character with expertise in and a commitment to serving the credit needs of underserved consumers, experience in offering financial services products to consumers through the Internet or electronic devices, and awareness and understanding of applicable legal requirements shall be established. (3) Adequate capital structure relative to the operational and financial assumptions and business plans of the applicant, including the cost of utilizing advanced technology and information management systems for its operating and compliance needs, shall be established. (4) No Internet creditor shall be directly or indirectly owned or controlled by any person unless— (A) the person is an individual, a Federal- or State-chartered depository institution, a bank holding company (as defined in section 2(a) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841(a) )), a savings and loan holding company (as defined in section 10(a)(1)(D) of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(a)(1)(D) )), or a nonprofit corporation; or (B) the primary business activity of the person involves— (i) providing financial products or services to consumers; or (ii) owning or controlling persons whose primary business activity is providing financial products or services to consumers. (5) Any other requirements provided for under this Act or in regulations prescribed by the Comptroller consistent with the purposes of this Act. (d) Authority of Internet Creditors Upon receiving a Federal charter pursuant to subsection (a), an Internet creditor shall become, as from the date of the execution of its charter, a body corporate, and, as such, an Internet consumer credit corporation, and in the name designated in the charter it is authorized to— (1) adopt and use a corporate seal; (2) have succession from the date its charter is issued until such time as it be dissolved by the act of its shareholders owning two-thirds of its stock, or until its charter is revoked by the Comptroller, or until terminated by an Act of Congress, or until its affairs are placed in the hands of a receiver and finally wound up by the receiver in accordance with title 11, United States Code, or other applicable law; (3) borrow money, issue stock, and enter into contracts; (4) sue and be sued and complain and defend, in any court of law and equity of competent jurisdiction, as fully as natural persons; (5) elect or appoint directors, and by its board of directors to appoint a president, vice president, and other officers, define their duties, require bonds of them and fix the penalty thereof, dismiss such officers or any of them at pleasure, and appoint others to fill their places; (6) prescribe, by its board of directors, bylaws not inconsistent with law, regulating the manner in which its stock shall be transferred, its directors elected or appointed, its officers appointed, its property transferred, its general business conducted, and the privileges granted to it by law exercised and enjoyed; (7) hire employees and consultants and fix their compensation, define their duties, and give such persons appropriate authority to carry on its business operations; (8) enter into joint ventures and other business partnerships with other Internet creditors, depository institutions, State-chartered or licensed nondepository creditors, third-party service providers and vendors, and other parties to promote or facilitate providing as herein authorized commercially viable financial products or services to underserved consumers and small businesses; (9) contribute to community funds, or to charitable, philanthropic, or benevolent instrumentalities conducive to public welfare, such sums as its board of directors may deem expedient and in the interests of the Internet creditor; (10) invest in, or buy or lease, real estate or tangible personal property, including vehicles, equipment, furnishings and furniture, to be used by the Internet creditor in conducting business related operations authorized under this Act; (11) provide loans and other financial services only through the Internet and electronic devices as its board of directors or duly authorized officers or agents may determine, in accordance with this Act and regulations prescribed pursuant to this Act, are appropriate for providing financial products or services to consumers, including underserved consumers, and to small businesses in accordance with the provisions of this Act and regulations prescribed pursuant to this Act; (12) exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental, implied, or reasonably necessary powers as may be appropriate to carry on its corporate operations and the business of providing commercially viable financial products or services to consumers, including underserved consumers and small businesses in accordance with the provisions of this Act and regulations prescribed pursuant to this Act; (13) be affiliated with, or owned by, an insured depository institution, nondepository creditor, nonprofit organization, or other qualified entities unless otherwise limited by this Act or regulations prescribed pursuant to this Act; (14) acquire or merge with other Internet creditors; and (15) exercise such other powers as may be reasonably necessary or appropriate to offer financial products or services as provided for pursuant to this Act, or provided for through regulations prescribed by the Comptroller pursuant to the provisions of this Act. (e) Duties and responsibilities (1) Comptroller of the Currency The Comptroller shall— (A) ensure that Internet creditors only provide loans and other financial products or services through the Internet and electronic devices and that, to the extent reasonably possible, such creditors primarily focus their business operations on providing underserved consumers a variety of affordable financial products or services that are commercially viable for such creditors, including certain products or services that contain features to facilitate personal savings and enhance the credit record of such consumers; (B) encourage and facilitate— (i) innovation with respect to the financial products or services offered to underserved consumers; and (ii) joint ventures and other business partnerships among Internet creditors, insured depository institutions, other nondepository creditors, third-party service providers and vendors, nonprofit organizations, and other parties in order to ensure greater credit access for underserved consumers and small businesses; (C) provide, through regulations, details on how Internet creditors should be organized, incorporated, and operated in a prudential manner; (D) conduct examination and supervisory activities of Internet creditors to— (i) access their internal controls and management ability; (ii) evaluate their financial condition and risk profile; (iii) determine if they are meeting the needs of underserved consumers and small businesses; and (iv) monitor their compliance with this Act and other applicable laws and regulations that the Comptroller may have administrative responsibly for, and identify areas in which corrective action is needed; (E) consult, cooperate and coordinate, as appropriate, with the Director and with other Federal and State regulatory agencies, including State bank supervisors, to promote much greater availability of innovative, affordable, commercially viable credit for underserved consumers, and consistent regulatory treatment of consumer and small business financial products and services; (F) help ensure that the supervisory activities, including examination schedules, of Internet creditors and affiliated companies are conducted in a coordinated and efficient manner; and (G) adopt adequate safeguards to ensure appropriate privacy and confidentiality protections with respect to individually identifiable personal data and proprietary corporate data. (2) Director of the Bureau of Consumer Financial Protection The Director shall— (A) regulate the offering and provision of consumer financial products or services by Internet creditors under the Federal consumer financial laws pursuant to its authorities under the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. ), this Act, and regulations prescribed pursuant to this Act; (B) consult, cooperate, and coordinate, as appropriate, with the Comptroller and with other Federal and State regulatory agencies, including State bank supervisors, to promote— (i) much greater availability of innovative, affordable, commercially viable credit for underserved consumers and small businesses; and (ii) consistent regulatory treatment of consumer and small business financial products or services; (C) help ensure that the supervisory activities, including examination schedules, of Internet creditors and affiliated companies are conducted in a coordinated and efficient manner; and (D) adopt adequate safeguards to ensure appropriate privacy and confidentially protections with respect to individually identifiable personal data and proprietary corporate data. (3) Internet Creditors Each Internet creditor shall— (A) make financial education information available to each consumer it offers a financial product or service, including information on how a consumer may obtain financial counseling services, the benefits of following a regular personal savings program, and how consumers can improve their credit ratings; (B) comply with all applicable Federal laws and regulations, including Federal consumer financial protection law requirements and such State laws, regulations, and enforcement actions as are authorized under the provisions of this Act; (C) provide account access to its customers through the Internet and a toll-free telephone number; (D) provide, in accordance with regulations prescribed pursuant to this Act, to all consumers who are extended credit with a repayment term of 1 year or less by the Internet creditor a clear and conspicuous statement in the loan agreement that discloses the true cost of the loan, including all interest, fees, and other loan-related charges, as a dollar amount and as a percentage of the principal amount of the loan in lieu of the annual percentage rate disclosure that otherwise would be required under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) or regulations prescribed pursuant to such Act; (E) report to the Comptroller or Director such data as either may require regarding its activities, including the types of financial products or services provided to underserved consumers and small businesses, and data demonstrating that its business activities are focused primarily on serving underserved consumers and small businesses as required by this Act; (F) offer— (i) an underserved consumer who is unable to repay an extension of credit by an Internet creditor that has a loan repayment term of less than 120 days, an extended repayment plan, at no cost to the consumer, at least once in a 12-month period; and (ii) to the extent reasonably possible, certain financial products or services that contain features to facilitate personal savings that could help underserved consumers enhance their credit records if such consumers fully comply with the terms and conditions of such products or services; and (G) not— (i) accept consumer or commercial deposits; (ii) make commercial loans, except to the extent allowed by the provisions of this Act and regulations prescribed pursuant to this Act, with respect to small businesses; (iii) make a consumer loan with a term of 30 days or less; (iv) make a loan that requires a consumer to repay the loan balance in one lump-sum payment; or (v) extend credit to a consumer— (I) unless the Internet creditor has a reasonable basis for believing that the consumer will have the ability to repay the credit extension; (II) if the maximum principal amount of the credit outstanding from all financial products or services authorized by the Internet creditor to such consumer, in the case of an unsecured credit transaction, exceeds $5,000, or in the case of a secured credit transaction, $25,000, unless a higher amount is authorized by regulations prescribed by the Comptroller; or (III) if the loan terms include a prepayment penalty; or (vi) extend credit to a small business in excess of $25,000. (f) Additional product or service offerings Financial products or services that may be offered to underserved consumers pursuant to this subsection for underserved consumers and certain small businesses may also be offered to other consumers and businesses. (g) Rule of construction Nothing in this Act is intended to provide the Comptroller or the Director with the authority to— (1) regulate financial products or services that are provided or offered by an affiliate company or another entity that the Internet creditor has a business relationship with, but the Internet creditor does not provide or offer to underserved consumers or small businesses in accordance with this Act; (2) determine, directly or indirectly, pricing applicable to an extension of credit offered by an Internet creditor to a consumer or small business pursuant to this Act through a usury limit, a cap on the rate of interest, fees, or other charges, or otherwise; (3) prohibit, directly or indirectly, the offering of a financial product or service to underserved consumers or small businesses by an Internet creditor pursuant to this Act unless a determination is made by the Comptroller or Director, based on a fair and reasonable determination of the facts and circumstances regarding the financial product or service, that offering such a product or service will seriously harm the financial interests of underserved consumers or small businesses; or (4) presume or conclude that a credit extension offered to underserved consumers by an Internet creditor under the provisions of this Act, regulations prescribed by this Act, and such other statutes and regulations as either may have administrative and enforcement authority for is unfair, abusive, or otherwise inappropriate solely on the basis that the interest rates and other charges to such consumers, who typically pose relatively high credit risks, are significantly higher than those on credit extensions offered to other consumers who do not pose such high credit risks. (h) Internet Creditor regulatory fee Each Internet creditor shall pay to the Comptroller an annual fee in a reasonable amount that the Comptroller determines is sufficient, in the aggregate of all such fees paid by Internet creditors, to offset the cost to the Comptroller of carrying out the provisions of this Act. (i) Charter suspension or revocation The Comptroller, pursuant to procedures established in regulations prescribed by the Comptroller, may suspend or revoke the charter of an Internet creditor if there has been a material failure by the Internet creditor to comply with the requirements set forth in the charter, provisions of this Act, or other applicable statutes, regulations, or orders. (j) Relationship to other Federal and State laws (1) Federal law An Internet creditor is subject to— (A) all otherwise applicable provisions of Federal statutes and regulations, including the consumer financial laws listed under section 1002(14) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481(14) ), section 987 of title 10, United States Code (relating to consumer credit extended to servicemembers and dependents), and the provisions of this Act and regulations established pursuant to this Act; and (B) the administration and enforcement of such statutes and regulations by the Comptroller, the Director, any other Federal agency, or State attorney general (or the equivalent thereof) having enforcement authority. (2) State law An Internet creditor, or an employee, agent, or other business partner of an Internet creditor, shall not be subject to— (A) State laws that relate to office location, licensing, education, or training that apply to the operations of an Internet creditor, or its employees, agents, or other business partners to the extent that these operations relate to the exercise of its powers or authorities under this Act and implementing regulations to provide financial products or services to underserved consumers and small businesses; or (B) other State laws that— (i) have a discriminatory effect on an Internet creditor compared to the effect of such laws on any other depository or nondepository creditor chartered or licensed in that State; (ii) consistent with the legal standard for preemption in the decision of the Supreme Court of the United States in Barnett Bank of Marion County, N.A. v. Nelson, Florida Insurance Commissioner, et al., 517 U.S. 25 (1996), prevent or significantly interfere with the exercise by an Internet creditor of its powers and authorities as set forth in this Act; or (iii) are preempted by any provision of Federal law. (3) Determination of preemption An Internet creditor may challenge the applicability of a State law as preventing or significantly interfering with the exercise of such creditor’s powers under this Act, or for violating any provision of paragraph (2), in any court of competent jurisdiction, and the Comptroller or Director, by regulation or order, or any court of competent jurisdiction may make a determination, on a case-by-case basis, that a State law prevents or significantly interferes with the exercise of an Internet creditor’s powers under this Act, or violates a provision of paragraph (2), in accordance with applicable law. (k) Enforcement (1) In general The Comptroller or the Director may enforce in any court of competent jurisdiction the provisions of this Act, regulations prescribed pursuant to this Act relating to their respective regulatory authority in this Act, and their respective cease and desist or other orders or regulatory requirements. (2) Action by State The attorney general (or the equivalent thereof) of any State shall have the power to investigate violations of this Act and may bring a civil enforcement action in the name of such State against an Internet creditor in any district court of the United States or in State court that has jurisdiction over the Internet creditor and to secure civil penalties and such other remedies under provisions of this Act or otherwise provided under other applicable law. (3) Consultation required (A) Notice (i) In general When initiating any action in a court or other administrative or regulatory proceeding against any Internet creditor as authorized by this Act to enforce any provision of this Act, including any regulation pursuant to this Act, a copy of the complete complaint filed or to be filed and written notice describing such action or proceeding shall be provided to the Comptroller and the Director by the State attorney general (or the equivalent thereof) prior to or immediately upon instituting the action or proceeding. (ii) Contents of notice The notification required under this paragraph shall, at a minimum, describe— (I) the identity of the parties; (II) the alleged facts underlying the proceeding; and (III) whether there may be a need to coordinate the prosecution of the proceeding so as not to interfere with any action, including any rulemaking, undertaken by the Comptroller or the Director. (B) Comptroller and Director response In any action brought by a State attorney general (or equivalent thereof), the Comptroller and Director may— (i) intervene in the action as a party; and (ii) upon intervening— (I) remove the action to the appropriate United States district court, if the action was not originally brought there; (II) be heard on all matters arising in the action; and (III) appeal any order or judgment, to the same extent as any other party in the proceeding may. (4) Regulations The Comptroller and the Director shall jointly prescribe regulations to implement the requirements of this subsection and, from time to time, consult with State attorneys general (or the equivalent thereof) in order to develop appropriate protocols to coordinate actions with the State attorneys general and other appropriate regulators. (5) Preservation of State authority No provision of this Act shall be construed as modifying, limiting, or superseding the operation of any provision of any Federal consumer financial protection law or regulations prescribed pursuant to such laws that relates to the authority of a State attorney general (or the equivalent thereof) to enforce such Federal law and regulations. (l) Penalties for violations The relief available for violations of provisions of this Act, regulations prescribed pursuant to this Act, or orders or supervisory mandates, including cease and desist orders, with respect to proceedings involving Internet creditors by the Comptroller, the Director, or State attorneys general (or the equivalent thereof) shall be the same as or equivalent to that provided with respect to actions by the Director in section 1055 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5565). (m) Reports to congress Not later than 180 days after the effective date of this Act, and annually for 5 years thereafter, the Comptroller and the Director shall submit to Congress a joint report on their activities and progress in helping to expand access to innovative and affordable credit for underserved consumers and small businesses, and such reports shall include— (1) a descriptive summary of the actions of the Comptroller and the Director during the reporting period to carry out the purposes of this Act; (2) the number of charter applications received by the Comptroller; (3) the number of charter applications that were approved, disapproved, conditionally approved, or are pending and a detailed explanation of each disapproval or conditional approval; (4) a description of any further actions the Comptroller or the Director believes should be undertaken to— (A) facilitate the chartering of qualified nondepository institutions; and (B) increase the number of financial products that are available to help increase competition and consumer choice for underserved consumers; and (5) any recommendations the Comptroller or the Director may have regarding other legislative measures that would improve the ability of an Internet creditor to provide additional financial products or services to underserved consumers or small businesses. (n) Regulations The Comptroller and the Director shall consult and prescribe joint regulations implementing the provisions of this Act not later than 180 days after the effective date of this Act. 4. Definitions In this Act: (1) Affiliate The term affiliate means any person that controls, is controlled by, or is under common control with another person. (2) Affordable The term affordable means that a creditor has a reasonable expectation that a consumer or small business will be able to repay an extension of credit. (3) Commercially viable The term commercially viable means that a reasonable economic profit is expected to be made when a financial product or service is provided to a consumer or small business. (4) Comptroller The term Comptroller means the Comptroller of the Currency. (5) Consumer The term consumer means an individual or agent, trustee, or representative acting on behalf of an individual. (6) Control and controlled by The terms control and controlled by mean that— (A) a person directly or indirectly or acting through 1 or more other persons owns, controls, or has power to vote 25 percent or more of any class of voting stock of a company; (B) a person controls in any manner the election of a majority of the directors or trustees of a company; or (C) the Comptroller makes a determination, after notice and opportunity for hearing, that a person directly or indirectly exercises a controlling influence over the management or policies of a company. (7) Credit The term credit means the right granted by a person to a consumer or a small business to defer payment of a debt, incur debt and defer its payment, or purchase property or services and defer payment for such purchase. (8) Creditor The term creditor has the same meaning as is given such term in section 103(g) of the Truth in Lending Act ( 15 U.S.C. 1602(g) ), and for purposes of this Act, shall include a person who extends credit to a small business pursuant to the provisions of this Act. (9) Director The term Director means the Director of the Bureau of Consumer Financial Protection. (10) Electronic device The term electronic device means an electronic device that communicates by any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system that affects interstate or foreign commerce. (11) Extended repayment plan The term extended repayment plan means an installment plan under which a consumer who is unable to repay a credit extension on a loan with a term of less than 120 days on the date due, and who complies with applicable requirements established in regulations pursuant to this Act, may repay a creditor the outstanding balance of the loan in at least 4 substantially equal payments without being charged any additional interest, fees, or other charges. (12) Federal consumer financial laws The term Federal consumer financial laws has the same meaning as is given to that term in section 1002(14) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481(14)). (13) Financial product or service The term financial product or service has the same meaning as is given the term consumer financial product or service in section 1002(5) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481(5) ), and for purposes of this Act, shall also include a financial product or service provided to a small business. (14) Insured depository institution and depository institution The terms insured depository institution and depository institution (also referred to herein as depositories ) have the same meanings as are given such terms under section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c) ), and for purposes of this Act, also includes an insured credit union as such term is defined under section 101(7) of the Federal Credit Union Act (12 U.S.C. 1752(7)). (15) Internet The term Internet means the international computer network of interoperable packet-switched data networks. (16) Nondepository creditor The term nondepository creditor means an entity that is chartered or licensed by a State and offers personal loans or other financial products or services to consumers or small businesses, but does not accept consumer or commercial deposits. (17) Person The term person means an individual, partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or any other entity. (18) Primary business activities The term primary business activities means that the business activities of an Internet creditor predominately involve providing financial products and services to underserved consumers and small businesses. (19) Secured credit transaction The term secured credit transaction means— (A) a consumer credit transaction where the performance of the credit obligation is secured by an interest in property; and (B) such transaction is recognized as secured by State or Federal law, provided, however, a consumer’s authorization for an electronic fund transfer as a payment on a financial product or service shall not be considered, for purposes of this Act, as security on a credit transaction. (20) Small business The term small business means a business entity, including a sole proprietorship, that has less than 500 full-time employees. (21) State The term State means— (A) a State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands. (22) Underserved consumer The term underserved consumer means a natural person who— (A) does not have a checking or savings account with an insured depository institution; or (B) has a deposit account with an insured depository institution, but has limited or no ability to obtain small personal loans or other nondepository financial products or services from an insured depository institution. (23) Unsecured credit transaction The term unsecured credit transaction means a consumer credit transaction where the performance of the credit obligation is not secured by an interest in property or where the security interest is not recognized by State or Federal law. 5. Conforming amendment to TILA Section 104 of the Truth in Lending Act ( 15 U.S.C. 1603 ) is amended by adding at the end the following: (8) Credit transactions involving extensions of credit with a term of 1 year or less in which the creditor provides consumers in all such credit transactions with a clear and conspicuous statement in the loan agreement that discloses the true cost of the loan, including all interest, fees, and other loan related charges, as a dollar amount and as a percentage of the principal amount of the loan. . 6. Effective date This Act shall be effective 180 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1566ih/xml/BILLS-113hr1566ih.xml

113-hr-1567

I 113th CONGRESS 1st Session H. R. 1567 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Mulvaney (for himself, Mr. Duncan of South Carolina , Mr. Jordan , Mr. McClintock , Mr. Pompeo , Mr. Price of Georgia , Mr. Ribble , Mr. Amash , Mr. Meadows , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Ways and Means , Agriculture , Natural Resources , Financial Services , and Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate corporate welfare programs of the Department of Agriculture, the Department of the Interior, the Department of Transportation, and other Federal agencies. 1. Short title This Act may be cited as the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013 or New Fair Deal CEO’s Act of 2013 . 2. Table of contents The table of contents of this Act is the following: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Sugar Sec. 101. Elimination of sugar price support and production adjustment programs and related sugar corporate welfare programs. Sec. 102. Elimination of sugar tariff and over-quota tariff rate. Title II—National Oceanic and Atmospheric Administration programs Sec. 201. Termination of NOAA Fishery promotion and development subsidies. Sec. 202. Termination of NOAA fisheries finance program. Title III—Federal Railroad Administration programs Sec. 301. High-speed rail. Sec. 302. Railroad rehabilitation and improvement. Sec. 303. Railroad research and development. Title IV—Maritime Administration programs Sec. 401. Termination of title IX guaranteed loan program. Sec. 402. Termination of ocean freight differential subsidies. Title V—Appalachian Regional Commission Sec. 501. Termination of Appalachian Regional Commission. Title VI—Economic Development Administration Sec. 601. Termination of Economic Development Administration. Title VII—General provisions Sec. 701. Conclusion of business. I Sugar 101. Elimination of sugar price support and production adjustment programs and related sugar corporate welfare programs (a) Repeal of sugar price support authority Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272 ) is repealed. (b) Termination of marketing quotas and allotments (1) In general Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed. (2) Conforming amendment Section 344(f)(2) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1344(f)(2) ) is amended by striking sugar cane for sugar, sugar beets for sugar, . (c) Exclusion of sugar from general USDA price support powers (1) Section 32 activities Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) is amended in the second sentence of the first paragraph— (A) in paragraph (1), by inserting (other than sugar beets and sugarcane) after commodities ; and (B) in paragraph (3), by inserting (other than sugar beets and sugarcane) after commodity . (2) Powers of commodity credit corporation Section 5(a) of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714c(a) ) is amended by inserting , sugar beets, and sugarcane after tobacco . (3) Price support for nonbasic agricultural commodities Section 201(a) of the Agricultural Act of 1949 ( 7 U.S.C. 1446(a) ) is amended by striking milk, sugar beets, and sugarcane and inserting , and milk . (4) Commodity Credit Corporation storage payments Section 167 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7287 ) is repealed. (5) Storage facility loans Section 1402(c) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7971(c) ) is repealed. (6) Feedstock flexibility program for bioenergy producers Section 9010 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8110 ) is repealed. (d) Implementation and transition provisions (1) In general Notwithstanding any other provision of law— (A) a processor of any of the 2013 or subsequent crops of sugarcane or sugar beets shall not be eligible for a loan under any provision of law with respect to the crop; and (B) the Secretary of Agriculture may not make price support available, whether in the form of a loan, payment, purchase, or other operation, for any of the 2013 and subsequent crops of sugar beets and sugarcane by using the funds of the Commodity Credit Corporation or other funds available to the Secretary. (2) Continued liability This section and the amendments made by this section shall not affect the liability of any person under any provision of law as in effect before the application of this section and the amendments made by this section. 102. Elimination of sugar tariff and over-quota tariff rate (a) Elimination of Tariff on Raw Cane Sugar Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 1701.13 through 1701.13.50 and subheadings 1701.14 through 1701.14.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.13, as in effect on the day before the date of the enactment of this section: 1701. 13.00 Cane sugar Free 39.85¢/kg . (b) Elimination of tariff on beet sugar Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 1701.12 through 1701.12.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.12, as in effect on the day before the date of the enactment of this section: 1701.12.00 Beet sugar Free 42.05¢/kg . (c) Elimination of tariff on certain refined sugar Chapter 17 of the Harmonized Tariff Schedule of the United States is amended— (1) by striking the superior text immediately preceding subheading 1701.91.05 and by striking subheadings 1701.91.05 through 1701.91.80 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.13.05, as in effect on the day before the date of the enactment of this section: 1701.91.02 Containing added coloring but not containing added flavoring matter Free 42.05¢/kg ; (2) by striking subheadings 1701.99 through 1701.99.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.99, as in effect on the day before the date of the enactment of this section: 1701.99.00 Other Free 42.05¢/kg ; (3) by striking the superior text immediately preceding subheading 1702.90.05 and by striking subheadings 1702.90.05 through 1702.90.20 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1702.60.22: 1702.90.02 Containing soluble non-sugar solids (excluding any foreign substances, including but not limited to molasses, that may have been added to or developed in the product) equal to 6 percent or less by weight of the total soluble solids Free     42.05¢/kg   ; and (4) by striking the superior text immediately preceding subheading 2106.90.42 and by striking subheadings 2106.90.42 through 2106.90.46 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 2106.90.39: 2106.90.40 Syrups derived from cane or beet sugar, containing added coloring but not added flavoring matter Free    42.50¢/kg   . (d) Conforming amendments Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking additional U.S. notes 5, 7, 8, and 9. (e) Administration of Tariff-Rate Quotas Section 404(d)(1) of the Uruguay Round Agreements Act ( 19 U.S.C. 3601(d)(1) ) is amended— (1) by inserting or at the end of subparagraph (B); (2) by striking ; or at the end of subparagraph (C) and inserting a period; and (3) by striking subparagraph (D). (f) Effective date The amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. II National Oceanic and Atmospheric Administration programs 201. Termination of NOAA Fishery promotion and development subsidies Title II of the Fish and Seafood Promotion Act of 1986 ( 16 U.S.C. 4001 et seq. ) is repealed. 202. Termination of NOAA fisheries finance program (a) Termination Section 53702(b) of title 46, United States Code, is amended by adding at the end the following: (3) Termination of fishery loan program No obligation involving a fishing vessel, fishery facility, aquaculture facility, individual fishing quota, or fishing capacity reduction program may be issued or guaranteed under this chapter after the date of this paragraph. . III Federal Railroad Administration programs 301. High-speed rail Chapter 261 of title 49, United States Code, is repealed. 302. Railroad rehabilitation and improvement Title V of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 , et seq.) is repealed. 303. Railroad research and development Section 20108(a) and (b), and section 20117(d) and (e), of title 49, United States Code, are repealed. IV Maritime Administration programs 401. Termination of title IX guaranteed loan program (a) Repeal Chapter 537 of title 46, United States Code, is repealed. (b) Clerical amendment The analysis at the beginning of subtitle V of such title is amended by striking the item relating to such chapter. (c) Conforming amendments Such title is further amended— (1) in section 31308, by inserting as in effect before the date of the enactment of the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013 , after chapter 537 of this title, ; (2) in section 31326(b), by inserting as in effect before the date of the enactment of the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013 , after chapter 537 of this title, each place it appears; (3) in section 51704(b), by inserting as in effect before the date of the enactment of the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013 , after chapter 537 of this title, ; (4) in section 553301(a)(2), by inserting as in effect before the date of the enactment of the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013 , after chapter 537 of this title, ; and (5) in section 57101(b), by inserting (as in effect before the date of the enactment of the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013 ) after 537 . 402. Termination of ocean freight differential subsidies (a) Repeal Sections 55316 and 55317 of title 46, United States Code, are repealed. (b) Clerical amendment The analysis at the beginning of chapter 553 of such title is amended by striking the item relating to such sections. V Appalachian Regional Commission 501. Termination of Appalachian Regional Commission (a) Termination The Appalachian Regional Commission is terminated. (b) Repeal Subtitle IV of title 40, United States Code, is repealed. VI Economic Development Administration 601. Termination of Economic Development Administration (a) Termination The Economic Development Administration is terminated. (b) Repeal The Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121 et seq. ) is repealed. VII General provisions 701. Conclusion of business (a) Conclusion of business The President shall take such actions as may be necessary and appropriate to conclude the outstanding affairs of each program and activity terminated by this Act and the amendments made by this Act. (b) Limitation on statutory construction This section may not be construed to prevent the expenditure of any funds received under any program or activity terminated by this Act and the amendments made by this Act. Such funds shall be subject to the laws and regulations that would have applied to the funds if this Act had not been enacted.

https://www.govinfo.gov/content/pkg/BILLS-113hr1567ih/xml/BILLS-113hr1567ih.xml

113-hr-1568

I 113th CONGRESS 1st Session H. R. 1568 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Nadler (for himself, Mrs. Lowey , and Mr. Israel ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for adjustments in the individual income tax rates to reflect regional differences in the cost-of-living. 1. Short title This Act may be cited as the Tax Equity Act of 2013 . 2. Regional cost-of-living adjustments in individual income tax rates (a) General Rule Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new paragraphs: (9) Regional cost-of-living adjustments (A) In general In the case of an individual, the rate table otherwise in effect under this section for any taxable year (determined after the application of paragraph (1)) shall be further adjusted as provided in subparagraph (B). (B) Method of making regional adjustment The rate table otherwise in effect under this section with respect to any individual for any taxable year shall be adjusted as follows: (i) The minimum and maximum dollar amounts otherwise in effect for each rate bracket shall be multiplied by the applicable multiplier (for the calendar year in which the taxable year begins) which applies to the statistical area in which the individual’s primary place of abode during the taxable year is located. (ii) The rate applicable to any rate bracket (as adjusted by clause (i)) shall not be changed. (iii) The amount setting forth the tax shall be adjusted to the extent necessary to reflect the adjustments in the rate brackets. If any amount determined under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. (10) Determination of multipliers (A) In general Not later than December 15 of each calendar year, the Secretary shall prescribe an applicable multiplier for each statistical area of the United States which shall apply to taxable years beginning during the succeeding calendar year. (B) Determination of multipliers (i) For each statistical area where the cost-of-living differential for any calendar year is greater than 125 percent, the applicable multiplier for such calendar year is 90 percent of such differential. (ii) For each statistical area where the cost-of-living differential for any calendar year exceeds 97 percent but does not exceed 125 percent, the applicable multiplier for such calendar year is 1.05. (iii) For each statistical area not described in clause (i) or (ii), the applicable multiplier is the cost-of-living differential for the calendar year. (C) Cost-of-living differential The cost-of-living differential for any statistical area for any calendar year is the percentage determined by dividing— (i) the cost-of-living for such area for the preceding calendar year; by (ii) the average cost-of-living for the United States for the preceding calendar year. (D) Cost-of-living for area (i) In general For calendar year 2012 and each calendar year thereafter, the Secretary of Labor shall determine and publish a cost-of-living index for each statistical area. (ii) Methodology The cost-of-living index determined under clause (i) for any statistical area for any calendar year shall be based on average market prices for the area for the 12-month period ending on August 31 of such calendar year. The market prices taken into account under the preceding sentence shall be selected and used under the same methodology as is used by the Secretary of Labor in developing the Consumer Price Index for All Urban Consumers. (E) Statistical area For purposes of this subsection the term statistical area means— (i) any metropolitan statistical area as defined by the Secretary of Commerce, and (ii) the portion of any State not within a metropolitan statistical area as so defined. (11) Areas outside the united states The area applicable multiplier for any area outside the United States shall be 1. . (b) Effective Date (1) In general The amendment made by this section shall apply to taxable years beginning after December 31, 2013. (2) Transition rule Notwithstanding section 1(f)(9)(A) of the Internal Revenue Code (as added by this section), the date for prescribing applicable multipliers for taxable years beginning in calendar year 2014 shall be the date 1 year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1568ih/xml/BILLS-113hr1568ih.xml

113-hr-1569

I 113th CONGRESS 1st Session H. R. 1569 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Pompeo (for himself, Mr. Amash , Mr. McClintock , Mr. Mulvaney , Mr. Ribble , Mr. Duncan of South Carolina , Mr. Lamborn , Mr. Jordan , Mr. Meadows , and Mr. Price of Georgia ) 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 terminate certain energy tax subsidies and lower the corporate income tax rate. 1. Short title; table of contents; etc (a) Short title This Act may be cited as the New Fair Deal Busting America’s Rigid Outdated & Needless Subsidies Act of 2013 . (b) Reference to 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; table of contents; etc. Title I—Repeal of energy tax subsidies Sec. 101. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures. Sec. 102. Early termination of credit for qualified fuel cell motor vehicles. Sec. 103. Early termination of new qualified plug-in electric drive motor vehicles. Sec. 104. Repeal of alternative fuel vehicle refueling property credit. Sec. 105. Repeal of credit for alcohol used as fuel. Sec. 106. Repeal of credit for biodiesel and renewable diesel used as fuel. Sec. 107. Repeal of enhanced oil recovery credit. Sec. 108. Termination of credit for electricity produced from certain renewable resources. Sec. 109. Repeal of credit for producing oil and gas from marginal wells. Sec. 110. Termination of credit for production from advanced nuclear power facilities. Sec. 111. Repeal of credit for carbon dioxide sequestration. Sec. 112. Termination of energy credit. Sec. 113. Repeal of qualifying advanced coal project. Sec. 114. Repeal of qualifying gasification project credit. Title II—Reduction of corporate income tax rate Sec. 201. Corporate income tax rate reduced. I Repeal of energy tax subsidies 101. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures (a) In general Section 6426 is repealed. (b) Conforming amendments (1) Paragraph (1) of section 4101(a) is amended by striking or alcohol (as defined in section 6426(b)(4)(A) . (2) Paragraph (2) of section 4104(a) is amended by striking 6426, or 6427(e) . (3) Section 6427 is amended by striking subsection (e). (4) Subparagraph (E) of section 7704(d)(1) is amended— (A) by inserting (as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act) after of section 6426 , and (B) by inserting (as so in effect) after section 6426(b)(4)(A) . (5) Paragraph (1) of section 9503(b) is amended by striking the second sentence. (c) Clerical amendment The table of sections for subchapter B of chapter 65 is amended by striking the item relating to section 6426. (d) Effective (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply with respect to fuel sold and used after the date of the enactment of this Act. (2) Liquefied hydrogen In the case of any alternative fuel or alternative fuel mixture (as defined in subsection (d)(2) or (e)(3) of section 6426 of the Internal Revenue Code of 1986 as in effect before its repeal by this Act) involving liquefied hydrogen, the amendments made by this section shall apply with respect to fuel sold and used after September 30, 2014. 102. Early termination of credit for qualified fuel cell motor vehicles (a) In general Section 30B is repealed. (b) Conforming amendments (1) Subparagraph (A) of section 24(b)(3) is amended by striking , 30B . (2) Paragraph (2) of section 25B(g) is amended by striking , 30B, . (3) Subsection (b) of section 38 is amended by striking paragraph (25). (4) Subsection (a) of section 1016 is amended by striking paragraph (35) and by redesignating paragraphs (36) and (37) as paragraphs (35) and (36), respectively. (5) Subsection (m) of section 6501 is amended by striking , 30B(h)(9) . (c) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30B. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 103. Early termination of new qualified plug-in electric drive motor vehicles (a) In general Section 30D is repealed. (b) Effective date The amendment made by this section shall apply to vehicles placed in service after the date of the enactment of this Act. 104. Repeal of alternative fuel vehicle refueling property credit (a) In general Section 30C is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (26). (2) Paragraph (3) of section 55(c) is amended by striking , 30C(d)(2), . (3) Subsection (a) of section 1016, as amended by section 102 of this Act, is amended by striking paragraph (35) and by redesignating paragraph (36) as paragraph (35). (4) Subsection (m) of section 6501 is amended by striking , 30C(e)(5) . (c) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30C. (d) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 105. Repeal of credit for alcohol used as fuel (a) In general Section 40 is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (3). (2) Subsection (c) of section 196 is amended by striking paragraph (3) and by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively. (3) Paragraph (1) of section 4101(a) is amended by striking , and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E)) . (4) Paragraph (1) of section 4104(a) is amended by striking , 40 . (c) Effective date The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. 106. Repeal of credit for biodiesel and renewable diesel used as fuel (a) In general Section 40A is repealed. (b) Conforming amendment (1) Subsection (b) of section 38 is amended by striking paragraph (17). (2) Section 87 is repealed. (3) Subsection (c) of section 196, as amended by section 105 of this Act, is amended by striking paragraph (11) and by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively. (4) Paragraph (1) of section 4101(a) is amended by striking , every person producing or importing biodiesel (as defined in section 40A(d)(1) . (5) Paragraph (1) of section 4104(a) is amended by striking , and 40A . (6) Subparagraph (E) of section 7704(d)(1) is amended by inserting (as so in effect) after section 40A(d)(1) . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 40A. (d) Effective date The amendments made by this section shall apply to fuel produced, and sold or used, after the date of the enactment of this Act. 107. Repeal of enhanced oil recovery credit (a) In general Section 43 is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (6). (2) Paragraph (4) of section 45Q(d) is amended by inserting (as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act) after section 43(c)(2) . (3) Subsection (c) of section 196, as amended by sections 105 and 106 of this Act, is amended by striking paragraph (5) and by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively. (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (d) Effective date The amendments made by this section shall apply to costs paid or incurred after December 31, 2014. 108. Termination of credit for electricity produced from certain renewable resources (a) Wind Subsection (d) of section 45 is amended by striking January 1, 2014 in paragraph (1) and inserting the date of the enactment of the Energy Freedom and Economic Prosperity Act . (b) Indian coal Subparagraph (A) of section 45(e)(10) is amended by striking 8-year period each place it appears and inserting 7-year period . (c) Effective date (1) Wind The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. (2) Indian coal The amendments made by subsection (b) shall apply to coal produced after December 31, 2012. (3) Other qualified energy resources For termination of other qualified energy resources for property placed in service after December 31, 2013, see section 45 of the Internal Revenue Code of 1986. 109. Repeal of credit for producing oil and gas from marginal wells (a) In general Section 45I is repealed. (b) Conforming amendment Subsection (b) of section 38 is amended by striking paragraph (19). (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (d) Effective date The amendments made by this section shall apply to production in taxable years beginning after December 31, 2014. 110. Termination of credit for production from advanced nuclear power facilities (a) In general Subparagraph (B) of section 45J(d)(1) is amended by striking January 1, 2021 and inserting January 1, 2015 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 111. Repeal of credit for carbon dioxide sequestration (a) In general Section 45Q is repealed. (b) Effective date The amendment made by this section shall apply to carbon dioxide captured after December 31, 2014. 112. Termination of energy credit (a) In general Section 48 is amended— (1) by striking January 1, 2017 each place it appears and inserting January 1, 2015 , and (2) by striking December 31, 2016 each place it appears and inserting December 31, 2014 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 113. Repeal of qualifying advanced coal project (a) In general Section 48A is repealed. (b) Conforming amendment Section 46 is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (c) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 114. Repeal of qualifying gasification project credit (a) In general Section 48B is repealed. (b) Conforming amendment Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (c) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. II Reduction of corporate income tax rate 201. Corporate income tax rate reduced (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe a rate of tax in lieu of the rates under paragraphs (1) and (2) of section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of section 1445(e) to such a flat rate as the Secretary estimates would result in— (1) a decrease in revenue to the Treasury for taxable years beginning during the 10-year period beginning on the date of the enactment of this Act, equal to (2) the increase in revenue for such taxable years by reason of the amendments made by title I of this Act. (b) Effective date The rate prescribed by the Secretary under subsection (a) shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1569ih/xml/BILLS-113hr1569ih.xml

113-hr-1570

I 113th CONGRESS 1st Session H. R. 1570 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Richmond introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title 31, United States Code, to provide for the regulation of tax return preparers. 1. Short title This Act may be cited as the Taxpayer Protection and Preparer Fraud Prevention Act of 2013 . 2. Regulation of tax return preparers (a) In general Section 330 of title 31, United States Code, is amended by adding at the end the following new subsection: (e) (1) The Secretary of the Treasury may— (A) regulate tax return preparers who do not practice as representatives of persons before the Department of the Treasury; and (B) before licensing or certifying a person as a tax return preparer, require that the person demonstrate— (i) good character; (ii) good reputation; (iii) necessary qualifications to enable the person to provide to persons valuable service; and (iv) competency to perform the functions of a tax return preparer. (2) For purposes of this section, the term tax return preparer has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986. . (b) Disciplinary procedures Subsection (b) of section 330 of title 31 of such Code is amended— (1) by inserting or tax return preparer after representative each place it appears, and (2) by inserting before the period at the end of paragraph (4) the following: , or for whom a return or claim for refund is being or is to be prepared . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 3. Authority to impose a fee for licensing (a) In general Subsection (a) of section 7528 of the Internal Revenue Code of 1986 is amended— (1) by inserting other similar requests, and at the end of paragraph (1), and (2) by amending paragraph (2) to read as follows: (2) regulating representatives and tax return preparers under section 330 of title 31, United States Code. . (b) Average fee requirement Paragraph (3) of section 7528(b) of such Code is amended by adding at the end the following flush sentence: The fees charged pursuant to the regulation of representatives and tax return preparers shall be reasonable, as determined by the Secretary. . (c) Effective date The amendments made by this section shall apply with respect to returns for taxable years ending after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1570ih/xml/BILLS-113hr1570ih.xml

113-hr-1571

I 113th CONGRESS 1st Session H. R. 1571 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Scalise (for himself, Mr. Yoder , Mr. Chabot , Mr. Mulvaney , Mr. Flores , Mr. Pitts , Mr. Meadows , Mr. Perry , Mr. Graves of Georgia , Mr. Stutzman , Mr. Collins of Georgia , Mr. Yoho , Mr. Roe of Tennessee , Mr. Messer , Mr. Fleming , Mr. King of Iowa , Mr. Rokita , Mrs. Blackburn , Mr. DesJarlais , and Mrs. Hartzler ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for taxpayers making donations with their returns of income tax to the Federal Government to pay down the public debt. 1. Short title This Act may be cited as the Buffett Rule Act of 2013 . 2. Donation to pay down national debt (a) In general Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX Donations to pay down national debt Sec. 6097. Donation to pay down national debt. 6097. Donation to pay down national debt (a) General rule Every taxpayer who makes a return of the tax imposed by subtitle A for any taxable year may donate an amount (not less than $1), in addition to any payment of tax for such taxable year, which shall be deposited in the general fund of the Treasury. (b) Manner and time of designation Any donation under subsection (a) for any taxable year— (1) shall be made at the time of filing the return of the tax imposed by subtitle A for such taxable year and in such manner as the Secretary may by regulation prescribe, except that— (A) the designation for such donation shall be either on the first page of the return or on the page bearing the taxpayer’s signature, and (B) the designation shall be by a box added to the return, and the text beside the box shall provide: By checking here, I signify that in addition to my tax liability (if any), I would like to donate the included payment to be used exclusively for the purpose of paying down the national debt. , and (2) shall be accompanied by a payment of the amount so designated. (c) Treatment of amounts donated For purposes of this title, the amount donated by any taxpayer under subsection (a) shall be treated as a contribution made by such taxpayer to the United States on the last date prescribed for filing the return of tax imposed by subtitle A (determined without regard to extensions) or, if later, the date the return is filed. (d) Transfers to account to reduce public debt The Secretary shall, from time to time, transfer to the special account established by section 3113(d) of title 31, United States Code, amounts equal to the amounts donated under this section. . (b) Clerical amendment The table of parts for subchapter A of such chapter is amended by adding at the end the following new item: Part IX. Donations to pay down national debt. . (c) Effective date The amendments made by this section shall apply to returns for taxable years ending after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr1571ih/xml/BILLS-113hr1571ih.xml

113-hr-1572

I 113th CONGRESS 1st Session H. R. 1572 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Schock introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the use of Federal money for print, radio, television or any other media advertisement, campaign, or form of publicity against the use of a food or beverage that is lawfully marketed under the Federal Food, Drug, and Cosmetic Act. 1. Short title This Act may be cited as the Stopping Taxpayer Outlays for Propaganda Act or the STOP Act . 2. Findings Congress finds the following: (1) According to a study from Education Week and the Journal of the American Medical Association fewer than 4 in 10 elementary-aged children achieved the recommended guidelines for physical activity (60 minutes per day of moderate to vigorous activity) and television viewing (less than 2 hours per day of television screen time). As children get older, their prevalence of sedentary behavior increased. (2) During the 1950s, the United States began experiencing a physical inactivity crisis. The issue garnered sufficient attention that the Eisenhower Administration expressed concern about the United States meeting its Cold War military manpower needs. In response, the President’s Council on Physical Fitness and Sports was established in 1956 under the name of the President's Council on Youth Fitness . Today, only one state (Illinois) requires daily P.E. for grades K–12. (3) A 2009 study published in a supplement to the International Journal of Obesity found no association between particular segments of the diet and subsequent weight gain. Another key point from the study is that obesity is a complex, multifactorial issue that can be caused in part by genetic susceptibility, behavior, and level of physical activity. (4) The Centers for Disease Control and Prevention states the fundamental rule of weight management is to consume less calories than one expends. Studies have shown one way to limit the number of calories a person consumes is by controlling portion size. (5) According to Time’s Health and Family, foods that are not inherently healthy can still be eaten, but they should only be consumed in moderation. A 1999 study found that flexible dieting was associated with less overeating and lower body weight then strict dieting. (6) The correlation between physical activity and longevity is well documented. According to Exercise is Medicine , sponsored by the American College of Sports Medicine, regular, moderate physical activity reduces the risk of heart disease by 40 percent, lowers the risk of stroke by 27 percent, reduces the incidence of high blood pressure by almost 50 percent, reduces the incidence of diabetes by 50 percent, can reduce mortality and the risk of recurrent breast cancer by almost 50 percent, can lower the risk of colon cancer by over 60 percent, can reduce the risk of developing Alzheimer’s Disease by one third, and can decrease depression as effectively as medications or behavioral therapy. (7) A 2005 review published in Obesity Reviews found that increasing physical activity participation and decreasing television viewing should be the focus of strategies aimed at preventing and treating overweight and obesity in youth. The authors compared estimates of the prevalence of overweight among school-aged youth in 34 countries and examined associations between overweight and selected dietary and physical activity patterns. (8) According to Full Service Restaurant Magazine, several chain restaurants now offer their customers the option of smaller portions of customer favorites. T.G.I. Friday’s, for example, offers the Right Portion, Right Price menu while California Pizza Kitchen has a Smaller Cravings program. (9) As told by the New York Times, McDonald’s restaurants in September 2012 began posting calorie information on the large menus inside their restaurants. McDonald’s also lists items that have 400 calories or less in its Favorites Under 400 menu. (10) According to Reuters, in 2010, Panera Bread became the first national restaurant chain to voluntarily post calorie information on their menus. Subway restaurants have also voluntarily made their calorie information accessible to the public. (11) Reported by the New York Times, non-alcoholic beverage companies such as PepsiCo, Coca-Cola, Dr Pepper Snapple, and Sunny D are revamping vending offerings and posting caloric information on the front of every can, bottle, and pack. In addition, these companies have removed full-calorie soft drinks from the nation’s schools and continue to provide consumers with calorie information, a variety of choices, and smaller portions. 3. Funding restriction No part of any appropriation contained in any Act may be used for print, radio, television or any other media advertisement, campaign, or form of publicity against the use of a food or non-alcoholic beverage that is lawfully marketed under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ).

https://www.govinfo.gov/content/pkg/BILLS-113hr1572ih/xml/BILLS-113hr1572ih.xml

113-hr-1573

I 113th CONGRESS 1st Session H. R. 1573 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Sires (for himself, Mr. Garamendi , Mr. Honda , Mr. Petri , and Mr. Kennedy ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Peace Corps Act to allow former volunteers to use the seal, emblem, or name of Peace Corps on death announcements and grave stones. 1. Short title This Act may be cited as the Respect for Peace Corps Volunteers Act of 2013 . 2. Use of official seal, emblem, and name of the Peace Corps Subsection (b) of section 19 of the Peace Corps Act ( 22 U.S.C. 2518 ) is amended— (1) in paragraph (1), by inserting before the period at the end the following: , except that the official seal or emblem and the name Peace Corps may be used on any death announcement, gravestone, plaque, or other grave marker of any person who served as a volunteer or applicant for enrollment as a volunteer under such rules as may be prescribed by the Director ; and (2) in paragraph (2), in the first sentence, by inserting or in accordance with the exception specified in paragraph (1), before shall be fined .

https://www.govinfo.gov/content/pkg/BILLS-113hr1573ih/xml/BILLS-113hr1573ih.xml

113-hr-1574

I 113th CONGRESS 1st Session H. R. 1574 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Turner introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Dayton Aviation Heritage Preservation Act of 1992 to rename a site of the park. 1. Amendment to the Dayton Aviation Heritage Preservation Act of 1992 Section 101(b)(5) of the Dayton Aviation Heritage Preservation Act of 1992 ( 16 U.S.C. 410ww(b)(5) ) is amended by striking Aviation Center and inserting National Museum .

https://www.govinfo.gov/content/pkg/BILLS-113hr1574ih/xml/BILLS-113hr1574ih.xml

113-hr-1575

I 113th CONGRESS 1st Session H. R. 1575 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Yoder (for himself, Mr. Pompeo , Ms. Jenkins , and Mr. Cleaver ) 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 a provider of a commercial mobile service or an IP-enabled voice service to provide call location information concerning the user of such a service to law enforcement agencies in order to respond to a call for emergency services or in an emergency situation that involves risk of death or serious physical harm. 1. Short title This Act may be cited as the Kelsey Smith Act . 2. Required disclosure of call information location Title II of the Communications Act of 1934 ( 47 U.S.C. 201 ) is amended by inserting after section 222 the following new section: 222A. Required disclosure of call location information (a) In General Notwithstanding section 222, at the request of a law enforcement agency, a telecommunications carrier shall provide call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d)) or the telecommunications device of the user of an IP-enabled voice service (as such term is defined in section 7 of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615b )) to a law enforcement official, in order to respond to the user’s call for emergency services or to respond to an emergency situation that involves the risk of death or serious physical harm. (b) Hold Harmless No cause of action shall lie in any court against any provider of a commercial mobile service or an IP-enabled voice service, its officers, employees, or agents for providing call location information under subsection (a) while acting in good faith and in accordance with this section and any regulations promulgated pursuant to this section. (c) Definitions For the purpose of this section, the term emergency services has the meaning given such term in section 222. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1575ih/xml/BILLS-113hr1575ih.xml

113-hr-1576

I 113th CONGRESS 1st Session H. R. 1576 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on Financial Services , 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 stimulate the economy, provide for a sound United States dollar by defining a value for the dollar, to remove the authority of Federal Reserve banks to pay earnings on certain balances maintained at such banks, and for other purposes. 1. Short title This Act may be cited as the Dollar Bill Act of 2013 . 2. Findings Congress finds the following: (1) Article I, section 8 of the Constitution of the United States provides that the Congress shall have Power to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. (2) Congress effectively delegated the power to regulate the value of United States money and foreign money to the Federal Reserve System via the Federal Reserve Act of 1913. (3) The value of the United States dollar has fallen dramatically relative to gold, crude oil, other real commodities and major foreign currencies. (4) The value of the United States dollar has become unstable and uncertain. (5) The Board of Governors of the Federal Reserve System has not produced a stable and reliable value for the United States dollar. (6) The Board of Governors of the Federal Reserve System cannot reasonably be expected to produce a stable and reliable value for the United States dollar. (7) An unstable dollar slows the growth of the economy by increasing the cost of capital, increasing the risks attendant to long-term capital investment, and increasing the effective rate of the corporate income tax. (8) An unstable dollar reduces the real earnings of American workers. (9) An unstable dollar reduces the real value of financial assets held by the public. (10) An unstable dollar reduces the real value of pension plans and retirement accounts upon which Americans depend for their security. (11) An unstable dollar damages the economic and political standing of the United States in the world community. (12) An unstable dollar gives rise to anxiety, uncertainty, and risk among the financial markets and the public. 3. Directives to the Board of Governors of the Federal Reserve System (a) In general Before the end of the 30-day period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall designate a specific week (the Target Week ) starting no earlier than 90 days from the date of the enactment of this Act and ending no later than 120 days from the enactment of this Act. After designating the Target Week, the Board of Governors of the Federal Reserve System shall then employ a random process to select a specific day, hour, minute, and second during the Target Week (the Target Moment ), which shall not be publicly disclosed. At the Target Moment, the Board of Governors of the Federal Reserve System shall make the value of the U.S. dollar equal to the price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc., as of the Target Moment and maintain the value of the United States dollar within plus or minus 2 percent of such price (the Target Range ) thereafter. (b) Target The Board of Governors of the Federal Reserve System shall maintain the value of the United States dollar within the Target Range directly, via open market operations, and not indirectly, as in the current practice of targeting the Federal Funds rate. (c) Promotion of stable and effective financial markets The Board of Governors of the Federal Reserve System shall use the banking and bank regulatory powers of the Board to maintain and promote stable and effective financial markets during and after the transition to a defined value for the United States dollar. 4. Tax depreciation Effective January 1, 2013, all entities that depreciate capital assets for tax purposes shall be entitled to 100 percent expensing of all capital investment for tax purposes in the year that the investment is made. 5. Directive to the congressional budget office In addition to the scoring that the Congressional Budget Office will do of the tax changes provided in this Act in the normal course of events, the Congressional Budget Office shall also calculate the impact on Federal revenues on a present value basis. This calculation shall be done in the manner that such calculations are done by the Social Security Trustees, and shall take into account the following: (1) That first year expensing of capital investment accelerates, but does not change the total amount of the depreciation that taxpayers take based upon their investments. (2) Capital investments by businesses have historically earned much higher returns than the interest rate on government bonds. 6. Conflict of laws provision In the event that any provisions of this Act are found to be in conflict with those of the Full Employment and Balanced Growth Act of 1978, the provisions of this Act shall supersede the provisions of such Act to the extent of the conflict. 7. Removal of Federal Reserve bank authority to pay earnings on reserves (a) In general Section 19(b)(12) of the Federal Reserve Act ( 12 U.S.C. 461(b)(12) ) is amended— (1) in the heading of such paragraph, by striking Earnings and inserting No earnings ; (2) in subparagraph (A), by striking may receive earnings to be paid by the Federal Reserve bank at least once each calendar quarter, at a rate or rates not to exceed the general level of short-term interest rates and inserting may not receive earnings paid by the Federal Reserve bank ; (3) by striking subparagraph (B); and (4) by redesignating subparagraph (C) as subparagraph (B). (b) Effective date The amendments made under this section shall take effect after the end of the 30-day period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1576ih/xml/BILLS-113hr1576ih.xml

113-hr-1577

I 113th CONGRESS 1st Session H. R. 1577 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect prosecutors, judges, law enforcement officers, and their families. 1. Short title This Act may be cited as the McLelland-Hasse Line of Duty Act . 2. Protection for prosecutors and judges (a) Modifications to the community oriented policing services program Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended— (1) in paragraph (16), by striking and at the end; (2) by redesignating paragraph (17) as paragraph (18); (3) by inserting after paragraph (16) the following: (18) to train and provide security details for prosecutors and judges, including their immediate families, involved in cases that raise substantial concerns of retaliation or intimidation through violent acts; and ; and (4) in paragraph (18), as so redesignated, by striking (16) and inserting (17) . (b) Modifications to the Edward Byrne memorial justice assistance grant program Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3751(a)(1) ) is amended by adding at the end the following: (H) Prosecutorial and judicial security details and programs. . 3. Justice for prosecutors, judges, law enforcement officers, and their families (a) Killing of prosecutors, judges, and law enforcement officers (1) Offense Chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. Killing of federally funded prosecutors, judges, and law enforcement officers (a) Definitions In this section— (1) the terms Federal law enforcement officer and United States judge have the meanings given those terms in section 115; (2) the term federally funded public safety officer means a public safety officer or judicial officer for a public agency that— (A) receives Federal financial assistance; and (B) is an agency of an entity that is a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, an Indian tribe, or a unit of local government of that entity; (3) the term firefighter includes an individual serving as an official recognized or designated member of a legally organized volunteer fire department and an officially recognized or designated public employee member of a rescue squad or ambulance crew; (4) the term judicial officer means a judge or other officer or employee of a court, including prosecutors, court security, pretrial services officers, court reporters, and corrections, probation, and parole officers; (5) the term law enforcement officer means an individual, with arrest powers, involved in crime or juvenile delinquency control or reduction or enforcement of the laws; (6) the term public agency includes a court system, the National Guard of a State to the extent the personnel of that National Guard are not in Federal service, and the defense forces of a State authorized by section 109 of title 32; and (7) the term public safety officer means an individual serving a public agency in an official capacity, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew. (b) Offense It shall be unlawful for any person to— (1) kill, or attempt or conspire to kill— (A) a United States judge; (B) a Federal law enforcement officer; or (C) a federally funded public safety officer while that officer is engaged in official duties, or on account of the performance of official duties; or (2) kill a former United States judge, Federal law enforcement officer, or federally funded public safety officer on account of the past performance of official duties. (c) Penalty Any person that violates subsection (b) shall be fined under this title and imprisoned for any term of years not less than 30, or for life, or, if death results and the offender is prosecuted as a principal, may be sentenced to death. . (2) Clerical amendment The table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. Killing of federally funded prosecutors, judges, and law enforcement officers. . (b) Fugitives from justice (1) Offense Chapter 49 of title 18, United States Code, is amended by adding at the end the following: 1075. Flight to avoid prosecution for killing prosecutors, judges, and law enforcement officials (a) Offense It shall be unlawful for any person to move or travel in interstate or foreign commerce with intent to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the person flees or under section 1114 or 1123, for a crime consisting of the killing, an attempted killing, or a conspiracy to kill a Federal judge or Federal law enforcement officer (as those terms are defined in section 115), or a federally funded public safety officer (as that term is defined in section 1123). (b) Penalty Any person that violates subsection (a) shall be fined under this title and imprisoned for any term of years not less than 10, in addition to any other term of imprisonment for any other offense relating to the conduct described in subsection (a). . (2) Clerical amendment The table of sections for chapter 49 of title 18, United States Code, is amended by adding at the end the following: 1075. Flight to avoid prosecution for killing prosecutors, judges, and law enforcement officials. . (c) Aggravating factors for homicide Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (16) the following: (17) Killing of a prosecutor, judge, law enforcement officer, or first responder The defendant killed or attempted to kill a person who is authorized by law— (A) to engage in or supervise the prevention, detention, or investigation of any criminal violation of law; (B) to arrest, prosecute, or adjudicate an individual for any criminal violation of law; or (C) to be a firefighter or other first responder. . (d) Federal review of State conviction for murder of a law enforcement officer or judge (1) In general Section 2254 of title 28, United States Code, is amended by adding at the end the following: (j) (1) For an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a public safety officer (as that term is defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796b )) or judge, while the public safety officer or judge was engaged in the performance of official duties, or on account of the performance of official duties by or status as a public safety officer or judge of the public safety officer or judge— (A) the application shall be subject to the time limitations and other requirements under sections 2263, 2264, and 2266; and (B) the court shall not consider claims relating to sentencing that were adjudicated in a State court. (2) Sections 2251, 2262, and 2101 are the exclusive sources of authority for Federal courts to stay a sentence of death entered by a State court in a case described in paragraph (1). . (2) Rules Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts is amended by adding at the end the following: Rule 60(b)(6) of the Federal Rules of Civil Procedure shall not apply to a proceeding under these rules in a case that is described in section 2254(j) of title 28, United States Code. . (3) Finality of determination Section 2244(b)(3)(E) of title 28, United States Code, is amended by striking the subject of a petition and all that follows and inserting: reheard in the court of appeals or reviewed by writ of certiorari. . (4) Effective date and applicability (A) In general This section and the amendments made by this section shall apply to any case pending on or after the date of enactment of this Act. (B) Time limits In a case pending on the date of enactment of this Act, if the amendments made by this section impose a time limit for taking certain action, the period of which began before the date of enactment of this Act, the period of such time limit shall begin on the date of enactment of this Act. (C) Exception The amendments made by this section shall not bar consideration under section 2266(b)(3)(B) of title 28, United States Code, of an amendment to an application for a writ of habeas corpus that is pending on the date of enactment of this Act, if the amendment to the petition was adjudicated by the court prior to the date of enactment of this Act. (e) Special penalties for assaulting a Federal prosecutor, judge, or law enforcement officer (1) In general Section 111 of title 18, United States Code, is amended to read as follows: 111. Assaulting or interfering with certain officers or employees (a) Officers and employees (1) In general It shall be unlawful for any person to— (A) assault or interfere with an officer or employee described in section 1114, while such officer or employee is engaged in, or on account of the performance of, official duties; (B) assault or interfere with an individual who formerly served as an officer or employee described in section 1114 on account of the performance of official duties; or (C) assault or interfere with an individual on account of the current or former status of the individual as an officer or employee described in section 1114. (2) Penalty Any person who violates paragraph (1), shall be— (A) fined under this title; (B) (i) in the case of an interference or a simple assault, imprisoned for not more than 1 year; (ii) in the case of an assault involving actual physical contact or the intent to commit any other felony, imprisoned for not more than 10 years; (iii) in the case of an assault resulting in bodily injury, imprisoned for not more than 20 years; or (iv) in the case of an assault resulting in substantial bodily injury (as that term is defined in section 113), or if a dangerous weapon was used or possessed during and in relation to the offense (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component), imprisoned for not more than 30 years; or (C) fined under subparagraph (A) and imprisoned under subparagraph (B). (b) Law enforcement officers and judges (1) In general (A) Substantial bodily injury If the victim of an assault punishable under this section is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115) and the assault resulted in substantial bodily injury (as that term is defined in section 113), the offender shall be punished by a fine under this title and imprisonment for not less 5 years nor more than 30 years; and (B) Serious bodily injury If the victim of an assault punishable under this section is a Federal law enforcement officer or a United States judge (as those terms are defined in section 115) and the assault resulted in serious bodily injury (as that term is defined in section 2119(2)), or a dangerous weapon was used or possessed during and in relation to the offense, the offender shall be punished by a fine under this title and imprisonment for any term of years not less than 10 or for life. (2) Imposition of punishment Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment for other criminal conduct during the same criminal episode. . (2) Technical and conforming amendment The table of sections for chapter 7 of title 18, United States Code, is amended by striking the item relating to section 111 and inserting the following: 111. Assaulting or interfering with certain officers or employees. . (f) Special penalties for retaliating against a Federal prosecutor, judge, or law enforcement officer by murdering or assaulting a family member (1) In general Section 115 of title 18, United States Code, is amended— (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b) the following: (c) (1) If an offense punishable under this section is committed with the intent to impede, intimidate, or interfere with a Federal law enforcement officer or a United States judge while that officer or judge is engaged in the performance of official duties, with the intent to retaliate against that officer or judge or a person who formerly served as such an officer or judge on account of the performance of official duties, or with the intent to retaliate against an individual on account of the current or former status of the individual as such an officer or judge, the offender shall be punished— (A) in the case of murder, attempted murder, conspiracy to murder, or manslaughter, as provided in section 1114(1); (B) in the case of kidnapping, attempted kidnapping, or conspiracy to kidnap, as provided in section 1201(a); (C) in the case of an assault resulting in bodily injury or involving the use or possession of a dangerous weapon during and in relation to the offense, as provided for a comparable offense against a Federal law enforcement officer or United States judge under section 111; and (D) in the case of any other assault or threat, by a fine under this title and imprisonment for not more than 10 years. (2) Each punishment for criminal conduct described in this subsection shall be in addition to any other punishment for other criminal conduct during the same criminal episode. . (2) Technical and conforming amendments (A) Section 119(b)(4) of title 18, United States Code, is amended by striking section 115(c)(2) and inserting section 115 . (B) Section 2237(e)(1) of title 18, United States Code, is amended by striking in section 115(c) and inserting in section 115 . (C) Section 5(a) of the Act entitled ‘‘An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes’’ (25 U.S.C. 305d) is amended by striking in section 115(c) and inserting in section 115 . 4. Self-defense rights for prosecutors, judges, and law enforcement officers (a) In general Chapter 203 of title 18, United States Code, is amended by inserting after section 3053 the following: 3054. Authority of judges, prosecutors, and law enforcement officers to carry firearms Subject to such regulations as the Attorney General shall prescribe regarding training and proficiency in the use of firearms, any officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, prosecution, or adjudication of any violation of law may carry firearms. Such authority to carry firearms shall extend, but not be limited to presence within any building or structure classified as a Federal facility or Federal court facility, as those terms are defined under section 930, and any grounds appurtenant to such a facility, where such possession is otherwise authorized by law and incident to the lawful performance of the official duties of that person. . (b) Carrying of concealed firearms by qualified law enforcement officers Section 926B(e)(2) of title 18, United States Code, is amended by inserting any magazine and after includes . (c) Carrying of concealed firearms by qualified retired law enforcement officers Section 926C(e)(1)(B) of title 18, United States Code, is amended by inserting any magazine and after includes . (d) School zones Section 922(q)(2)(B)(vi) title 18, United States Code, is amended by inserting , a qualified law enforcement officer (as defined in section 926B(c)), or a qualified retired law enforcement officer (as defined in section 926C(c)) before the semicolon. (e) Regulations required Not later than 60 days after the date of enactment of this Act, the Attorney General shall promulgate regulations allowing persons described in section 3054 of title 18, United States Code, to possess firearms in a manner described by that section. With respect to Federal justices, judges, bankruptcy judges, and magistrate judges, such regulations shall be prescribed after consultation with the Judicial Conference of the United States. (f) Technical and conforming amendment The table of sections for chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3053 the following: 3054. Authority of judges, prosecutors, and law enforcement officers to carry firearms. . 5. Limitation on damages incurred during commission of a felony or crime of violence (a) In general Section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ) is amended by— (1) striking except that in any action and all that follows through relief was unavailable. and inserting the following: except that— (1) in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable; and (2) in any action seeking redress for any deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as that term is defined in section 16 of title 18, United States Code) (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), a court may not award damages other than for necessary out-of-pocket expenditures and other monetary loss. ; and (2) indenting the last sentence as an undesignated paragraph. (b) Attorney's fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended by striking except that in any action and all that follows and inserting the following: except that— (1) in any action brought against a judicial officer for an act or omission taken in the judicial capacity of that officer, such officer shall not be held liable for any costs, including attorneys fees, unless such action was clearly in excess of the jurisdiction of that officer; and (2) in any action seeking redress for any deprivation that was incurred in the course of, or as a result of, or is related to, conduct by the injured party that, more likely than not, constituted a felony or a crime of violence (as that term is defined in section 16 of title 18, United States Code) (including any deprivation in the course of arrest or apprehension for, or the investigation, prosecution, or adjudication of, such an offense), the court may not allow such party to recover attorney's fees. . 6. Self-defense rights for Federal correctional workers (a) In general Chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4049. Secure firearms storage for Federal correctional workers The Director of the Bureau of Prisons shall ensure that each Federal penal or correctional institution provides a secure firearms storage area for use by all persons employed by the Bureau of Prisons at the institution who are authorized to carry a firearm, or allow such persons to store firearms in a vehicle lockbox approved by the Director. . (b) Clerical amendment The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4049. Secure firearms storage for Federal correctional workers. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1577ih/xml/BILLS-113hr1577ih.xml

113-hr-1578

I 113th CONGRESS 1st Session H. R. 1578 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Pallone (for himself, Mr. Waxman , Mr. Tonko , Ms. Schakowsky , Mr. Gene Green of Texas , Mr. Rush , Ms. Matsui , Mrs. Capps , and Mrs. Christensen ) 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 section 1101 of the Patient Protection and Affordable Care Act to provide additional funds to permit additional individuals to enroll under the preexisting condition insurance program and expand eligibility, to be funded through a temporary increase in the cigarette tax, and for other purposes. 1. Extension of funding for reopening enrollment under the preexisting condition insurance program (a) In general Subsection (g)(1) of section 1101 of the Patient Protection and Affordable Care Act (42 U.S.C. 18001) is amended by striking Such funds and inserting the following: In addition to the funds appropriated under the previous sentence, there is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, $2,800,000,000 to pay claims (and administrative costs) described in such sentence. Funds appropriated under this paragraph . (b) Reopening program enrollment The Secretary of Health and Human Services shall resume taking applications for participation under the temporary high-risk health insurance program under such section 1101, but only to the extent consistent with the limitation imposed under subsection (g)(4) of such section. (c) Construction Nothing in this section shall be construed as changing the application of subsection (g)(3) of such section (relating to termination of authority). 2. Immediate access to health care for sick Americans (a) In general Section 1101(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18001(d) ) is amended— (1) in paragraph (1), by adding at the end and ; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Effective date The amendments made by subsection (a) shall apply with respect to individuals applying for coverage through the high risk insurance pool program on or after the date of the enactment of this Act. 3. Increase in rate of excise tax on cigarettes (a) In general Section 5701(b)(1) of the Internal Revenue Code of 1986 is amended by inserting ($52.33 per thousand in the case of cigarettes removed after December 31, 2013 and before January 1, 2024) after $50.33 per thousand . (b) Floor Stocks Taxes (1) Imposition of tax On cigarettes described in section 5701(b)(1) of the Internal Revenue Code of 1986 manufactured in or imported into the United States which are removed before January 1, 2014, and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of— (A) the tax which would be imposed under section 5701 of such Code on the article if the article had been removed on such date, over (B) the prior tax (if any) imposed under section 5701 of such Code on such article. (2) Credit against tax Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to $500. Such credit shall not exceed the amount of taxes imposed by paragraph (1) on January 1, 2014, for which such person is liable. (3) Liability for tax and method of payment (A) Liability for tax A person holding cigarettes referred to in paragraph (1) on January 1, 2014, to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment The tax imposed by paragraph (1) shall be paid on or before May 1, 2014. (4) Articles in foreign trade zones Notwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq.) or any other provision of law, any article which is located in a foreign trade zone on July 1, 2013, shall be subject to the tax imposed by paragraph (1) if— (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the 1st proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the 2d proviso of such section 3(a). (5) Definitions For purposes of this subsection— (A) In general Any term used in this subsection which is also used in section 5702 of the Internal Revenue Code of 1986 shall have the same meaning as such term has in such section. (B) Secretary The term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (6) Controlled groups Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made. (c) Effective Date The amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1578ih/xml/BILLS-113hr1578ih.xml

113-hr-1579

I 113th CONGRESS 1st Session H. R. 1579 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Ellison (for himself, Mr. Blumenauer , Ms. Chu , Mr. Conyers , Ms. Edwards , Mr. Grijalva , Ms. Lee of California , Mr. McGovern , and Ms. Norton ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To impose a tax on certain trading transactions to strengthen our financial security, reduce market volatility, expand opportunity, and stop shrinking the middle class. 1. Short title This Act may be cited as the Inclusive Prosperity Act of 2013 . 2. Findings Congress finds the following: (1) The global financial crisis cost Americans $19 trillion in lost wealth. (2) The global financial crisis was caused by financial firms taking great financial risks without disclosing those risks to their investors or their regulators, and by regulatory failures to adequately police the financial services markets for crime, unfair or deceptive practices, fraud, lack of transparency, and mismanagement. (3) Deceptive, illegal, and speculative financial practices have harmed public confidence in the integrity and fairness of many United States financial institutions, and threaten the basic strengths of the United States economic system. (4) American citizens provided the money to stabilize the financial sector, making $600 billion available to 800 financial institutions, automakers, and insurance companies. (5) The global financial crisis, along with the wars, unabated and unaddressed climate change, unsustainable tax cuts, and a continuing unemployment crisis, if unaddressed, will deprive a generation of a meaningful role in the larger economy. (6) Nurses, teachers, public safety officers, and other public sector workers have faced drastic funding cuts, harming our long-term public safety and prospects for economic growth. (7) Extreme weather events rooted in climate change, including flood, drought, fire, super storms like Sandy, as well as slow-onset events like sea level rise, are wreaking havoc in the United States and across the globe resulting in climate change impacts that jeopardize the lives and livelihoods of Americans, causing large-scale food and energy insecurity in developing countries, and extolling untold economic costs. (8) According to economists, a small tax on transfer of ownership of every financial trade could generate hundreds of billions annually in revenue, which when invested could help create sufficient jobs in both the public and private sectors to replace the 8 million jobs lost in the recent recession and add even more jobs on an ongoing basis, as well as provide urgently needed funding for programs to combat climate change and address global health and development issues. (9) A transactions tax will help limit high frequency trading which may be as high as 70 percent of the market and results in declining market stability through extreme price volatility, distorted market prices, and structural vulnerability to speculation far in excess of the liquidity needs of commercial hedgers. (10) A securities transfer tax would have a negligible impact on the average investor. (11) The United States had a transfer tax from 1914 to 1966: The Revenue Act of 1914 (Act of Oct. 22, 1914 (ch. 331, 38 Stat. 745)) levied a 0.2 percent tax on all sales or transfers of stock which was doubled in 1932 to help overcome the budgetary challenges during the Great Depression. (12) Forty nations have or have had some form of a financial transactions tax; it is endorsed by more than 1,000 economists; and 11 European countries are moving forward on implementing a coordinated financial transactions tax after European Union finance ministers signaled approval in January 2013. (13) Revenue generated by this tax will be available to— (A) strengthen financial security and expand opportunity for low- and moderate-income families, including strengthening the social safety net and expanding resources for child care, Social Security, and savings incentives; and (B) expand resources for State and Federal investments that protect our health and environment, investing in water and wastewater infrastructure, rebuild our crumbling physical infrastructure, and create good paying jobs by— (i) expanding and improving Medicare and Medicaid; (ii) investing in education, student debt relief, job training, public sector jobs, and green jobs; (iii) providing housing assistance to low-income households; (iv) investing in transportation including public mass transit and an infrastructure bank that promotes environmentally responsible domestic manufacturing and construction industries; and (v) protecting our environment and building a clean energy economy, including efforts to combat climate change and build resilience to its effects in the United States and in developing countries; and (C) fund international sustainable prosperity programs such as health care investments, AIDS treatment, research and prevention programs, climate change adaptation and mitigation efforts by developing countries, and international assistance. 3. Transaction tax (a) In general Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: C Tax on Trading Transactions Sec. 4475. Tax on trading transactions. 4475. Tax on trading transactions (a) Imposition of tax There is hereby imposed a tax on the transfer of ownership in each covered transaction with respect to any security. (b) Rate of tax The tax imposed under subsection (a) with respect to any covered transaction shall be the applicable percentage of the specified base amount with respect to such covered transaction. The applicable percentage shall be— (1) 0.5 percent in the case of a security described in subparagraph (A) or (B) of subsection (e)(1), (2) 0.10 percent in the case of a security described in subparagraph (C) of subsection (e)(1), and (3) 0.005 percent in the case of a security described in subparagraph (D), (E), or (F) of subsection (e)(1). (c) Specified base amount For purposes of this section, the term specified base amount means— (1) except as provided in paragraph (2), the fair market value of the security (determined as of the time of the covered transaction), and (2) in the case of any payment described in subsection (h), the amount of such payment. (d) Covered transaction For purposes of this section, the term covered transaction means— (1) except as provided in paragraph (2), any purchase if— (A) such purchase occurs or is cleared on a facility located in the United States, or (B) the purchaser or seller is a United States person, and (2) any transaction with respect to a security described in subparagraph (D), (E), or (F) of subsection (e)(1), if— (A) such security is traded or cleared on a facility located in the United States, or (B) any party with rights under such security is a United States person. (e) Security and other definitions For purposes of this section— (1) In general The term security means— (A) any share of stock in a corporation, (B) any partnership or beneficial ownership interest in a partnership or trust, (C) any note, bond, debenture, or other evidence of indebtedness, other than a State or local bond the interest of which is excluded from gross income under section 103(a), (D) any evidence of an interest in, or a derivative financial instrument with respect to, any security or securities described in subparagraph (A), (B), or (C), (E) any derivative financial instrument with respect to any currency or commodity including notional principal contracts, and (F) any other derivative financial instrument any payment with respect to which is calculated by reference to any specified index. (2) Derivative financial instrument The term derivative financial instrument includes any option, forward contract, futures contract, notional principal contract, or any similar financial instrument. (3) Specified index The term specified index means any 1 or more of any combination of— (A) a fixed rate, price, or amount, or (B) a variable rate, price, or amount, which is based on any current objectively determinable information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties’ circumstances. (4) Treatment of exchanges (A) In general An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. (B) Certain deemed exchanges In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. (f) Exceptions (1) Exception for initial issues No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). (2) Exception for certain traded short-term indebtedness A note, bond, debenture, or other evidence of indebtedness which— (A) is traded on a trading facility located in the United States, and (B) has a fixed maturity of not more than 60 days, shall not be treated as described in subsection (e)(1)(C). (3) Exception for securities lending arrangements No tax shall be imposed under subsection (a) on any covered transaction with respect to which gain or loss is not recognized by reason of section 1058. (g) By whom paid (1) In general The tax imposed by this section shall be paid by— (A) in the case of a transaction which occurs or is cleared on a facility located in the United States, such facility, and (B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)), the broker. (2) Special rules for direct, etc., transactions In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by— (A) in the case of a transaction described in subsection (d)(1)— (i) the purchaser if the purchaser is a United States person, and (ii) the seller if the purchaser is not a United States person, and (B) in the case of a transaction described in subsection (d)(2)— (i) the payor if the payor is a United States person, and (ii) the payee if the payor is not a United States person. (h) Certain payments treated as separate transactions Except as otherwise provided by the Secretary, any payment with respect to a security described in subparagraph (D), (E), or (F) of subsection (e)(1) shall be treated as a separate transaction for purposes of this section, including— (1) any net initial payment, net final or terminating payment, or net periodical payment with respect to a notional principal contract (or similar financial instrument), (2) any payment with respect to any forward contract (or similar financial instrument), and (3) any premium paid with respect to any option (or similar financial instrument). (i) Administration The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. (j) Guidance; regulations The Secretary shall— (1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, including reporting by the payor of the tax in cases where the payor is not the purchaser, and (2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions. (k) Whistleblowers See section 7623 for provisions relating to whistleblowers. . (b) Penalty for failure To include covered transaction information with return Part I of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by inserting after section 6707A the following new section: 6707B. Penalty for failure to include covered transaction information with return (a) Imposition of penalty Any person who fails to include on any return or statement any information with respect to a covered transaction which is required pursuant to section 4475(j)(1) to be included with such return or statement shall pay a penalty in the amount determined under subsection (b). (b) Amount of penalty Except as otherwise provided in this subsection, the amount of the penalty under subsection (a) with respect to any covered transaction shall be determined by the Secretary. (c) Covered transaction For purposes of this section, the term covered transaction has the meaning given such term by section 4475(d). (d) Authority To rescind penalty (1) In general The Commissioner of Internal Revenue may rescind all or any portion of any penalty imposed by this section with respect to any violation if rescinding the penalty would promote compliance with the requirements of this title and effective tax administration. (2) No judicial appeal Notwithstanding any other provision of law, any determination under this subsection may not be reviewed in any judicial proceeding. (3) Records If a penalty is rescinded under paragraph (1), the Commissioner shall place in the file in the Office of the Commissioner the opinion of the Commissioner with respect to the determination, including— (A) a statement of the facts and circumstances relating to the violation, (B) the reasons for the rescission, and (C) the amount of the penalty rescinded. (e) Coordination with other penalties The penalty imposed by this section shall be in addition to any other penalty imposed by this title. . (c) Clerical amendments (1) The table of sections for part I of subchapter B of chapter 68 of such Code is amended by inserting after item relating to section 6707A the following new item: Sec. 6707B. Penalty for failure to include covered transaction information with return. . (2) The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: Subchapter C. Tax on Trading Transactions. . (d) Effective date The amendments made by this section shall apply to transactions after December 31, 2013. 4. Offsetting credit for financial transaction tax (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: 25E. Financial transaction tax payments (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 tax paid during the taxable year under section 4475. (b) Limitation based on modified adjusted gross income (1) In general Subsection (a) shall not apply to a taxpayer for the taxable year if the modified adjusted gross income of the taxpayer for the taxable year exceeds $50,000 ($75,000 in the case of a joint return and one-half of such amount in the case of a married individual filing a separate return). (2) Modified adjusted gross income For purposes of paragraph (1), the term modified adjusted gross income means adjusted gross income— (A) determined without regard to sections 86, 893, 911, 931, and 933, and (B) increased by the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax. (3) Inflation adjustment (A) In general In the case of any taxable year beginning after 2014, each dollar amount referred to in paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section (1)(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which the taxable year begins, by substituting 2013 for 1992 . (B) Rounding If any amount as adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. (c) Eligible individual (1) In general The term eligible individual means, with respect to any taxable year, an individual who— (A) has attained the age of 18 as of the last day of such taxable year, and (B) is a citizen or lawful permanent resident (within the meaning of section 7701(b)(6)) as of the last day of such taxable year. (2) Certain individuals not eligible For purposes of paragraph (1), an individual described in any of the following provisions of this title for the preceding taxable year shall not be treated as an eligible individual for the taxable year: (A) An individual who is a student (as defined in section 152(f)(2)) for the taxable year or the immediately preceding taxable year. (B) An individual who is a taxpayer described in subsection (c), (d), or (e) of section 6402 for the immediately preceding taxable year. (C) A married individual who files a separate return for the taxable year. . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Financial transaction tax payments. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1579ih/xml/BILLS-113hr1579ih.xml

113-hr-1580

I 113th CONGRESS 1st Session H. R. 1580 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Walden (for himself, Ms. Eshoo , Mr. Hall , Mr. Lance , Mr. Gardner , Mr. Olson , Mr. Johnson of Ohio , Mr. Long , Mr. Kinzinger of Illinois , Mr. Bilirakis , Mrs. Ellmers , Mrs. Christensen , Mr. McKinley , Mr. Dingell , Mr. Gene Green of Texas , Mr. Cassidy , Mr. Pompeo , Mr. Shimkus , Mr. Latta , Mr. Guthrie , Mr. Royce , Ms. Matsui , Mr. Scalise , Mrs. Blackburn , Mr. Rogers of Michigan , Mr. Burgess , Mr. Murphy of Pennsylvania , Mr. Terry , Mr. Poe of Texas , Mr. Gingrey of Georgia , Mr. Welch , Mr. Barton , and Mr. Pitts ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To affirm the policy of the United States regarding Internet governance. 1. Findings The Congress finds the following: (1) Given the importance of the Internet to the global economy, it is essential that the Internet remain stable, secure, and free from government control. (2) The world deserves the access to knowledge, services, commerce, and communication, the accompanying benefits to economic development, education, and health care, and the informed discussion that is the bedrock of democratic self-government that the Internet provides. (3) The structure of Internet governance has profound implications for competition and trade, democratization, free expression, and access to information. (4) Countries have obligations to protect human rights, whether exercised online or offline. (5) The ability to innovate, develop technical capacity, grasp economic opportunities, and promote freedom of expression online is best realized in cooperation with all stakeholders. (6) Proposals have been, and will likely continue to be, put forward at international regulatory bodies that would fundamentally alter the governance and operation of the Internet. (7) The proposals would attempt to justify increased government control over the Internet and could undermine the current multistakeholder model that has enabled the Internet to flourish and under which the private sector, civil society, academia, and individual users play an important role in charting its direction. (8) The proposals would diminish the freedom of expression on the Internet in favor of government control over content. (9) The position of the United States Government has been and is to advocate for the flow of information free from government control. (10) This Administration and past Administrations have made a strong commitment to the multistakeholder model of Internet governance and the promotion of the global benefits of the Internet. 2. Policy regarding Internet governance It is the policy of the United States to preserve and advance the successful multistakeholder model that governs the Internet.

https://www.govinfo.gov/content/pkg/BILLS-113hr1580ih/xml/BILLS-113hr1580ih.xml

113-hr-1581

I 113th CONGRESS 1st Session H. R. 1581 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Armed Services A BILL To provide for the conveyance of unused Federal property administered by the Department of the Navy at the site of the former Oxnard Air Force Base, Ventura County, California. 1. Land conveyance, former Oxnard Air Force Base, Ventura County, California (a) Conveyance authorized At such time as the Department of the Navy vacates the parcel of real property known as DOD Camarillo Airport, which was originally deeded to the Department of Defense at no cost by Ventura County, California (in this section referred to as the County ), is located at the site of former Oxnard Air Force Base and adjacent to County-operated Camarillo Airport, and is administered by Naval Base Ventura County, the Secretary of the Navy may convey, without consideration, to the County all right, title, and interest of the United States in and to the real property, including any improvements thereon, for the purpose of permitting the County to use the property for airport-related activities. (b) Payment of costs of conveyance (1) Payment required The Secretary of the Navy shall require the County to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the County. (2) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (c) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy. (d) Additional terms The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr1581ih/xml/BILLS-113hr1581ih.xml

113-hr-1582

I 113th CONGRESS 1st Session H. R. 1582 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Cassidy introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To protect consumers by prohibiting the Administrator of the Environmental Protection Agency from promulgating as final certain energy-related rules that are estimated to cost more than $1 billion and will cause significant adverse effects to the economy. 1. Short title This Act may be cited as the Energy Consumers Relief Act of 2013 . 2. Prohibition against finalizing certain energy-related rules that will cause significant adverse effects to the economy Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not promulgate as final an energy-related rule that is estimated to cost more than $1 billion if the Secretary of Energy determines under section 3(3) that, with respect to the rule, significant adverse effects to the economy will be caused. 3. Reports and determinations prior to promulgating as final certain energy-related rules Before promulgating as final any energy-related rule that is estimated to cost more than $1 billion: (1) Report to Congress The Administrator of the Environmental Protection Agency shall submit to Congress a report containing— (A) a copy of the rule; (B) a concise general statement relating to the rule; (C) an estimate of the total costs of the rule, including the direct costs and indirect costs of the rule; (D) an estimate of the increases in energy prices, including potential increases in gasoline or electricity prices for consumers, that may result from implementation or enforcement of the rule; and (E) a detailed description of the employment effects, including potential job losses and shifts in employment, that may result from implementation or enforcement of the rule. (2) Initial determination on increases and impacts The Secretary of Energy, in consultation with the Federal Energy Regulatory Commission and the Administrator of the Energy Information Administration, shall prepare an independent analysis to determine whether the rule will cause— (A) any increase in energy prices for consumers, including low-income households, small businesses, and manufacturers; (B) any impact on fuel diversity of the Nation’s electricity generation portfolio or on national, regional, or local electric reliability; or (C) any other adverse effect on energy supply, distribution, or use (including a shortfall in supply and increased use of foreign supplies). (3) Subsequent determination on adverse effects to the economy If the Secretary of Energy determines, under paragraph (2), that the rule will cause an increase, impact, or effect described in such paragraph, then the Secretary, in consultation with the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall— (A) determine whether such increase, impact, or effect will cause significant adverse effects to the economy, taking into consideration impacts on economic indicators, including those related to gross domestic product, unemployment, wages, consumer prices, and business and manufacturing activity; and (B) publish the results of such determination in the Federal Register. 4. Definitions In this Act: (1) The terms direct costs and indirect costs have the meanings given such terms in chapter 8 of the Environmental Protection Agency’s Guidelines for Preparing Economic Analyses dated December 17, 2010. (2) The term energy-related rule that is estimated to cost more than $1 billion means a rule of the Environmental Protection Agency that— (A) regulates any aspect of the production, supply, distribution, or use of energy or provides for such regulation by States or other governmental entities; and (B) is estimated by the Administrator of the Environmental Protection Agency or the Director of the Office of Management and Budget to impose direct costs and indirect costs, in the aggregate, of more than $1,000,000,000. (3) The term rule has the meaning given to such term in section 551 of title 5, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr1582ih/xml/BILLS-113hr1582ih.xml

113-hr-1583

I 113th CONGRESS 1st Session H. R. 1583 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Ms. Clarke (for herself and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to establish an appeal and redress process for individuals who are screened against the terrorist watchlist and wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege, and for other purposes. 1. Short title This Act may be cited as the Fair, Accurate, Secure, and Timely Redress Act of 2013 or the FAST Redress Act of 2013 . 2. Department of Homeland Security appeal and redress (a) In general Subtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 et seq. ) is amended by adding at the end the following new section: 890A. Appeal and redress (a) In general The Secretary shall establish an Office of Appeals and Redress to implement and execute a redress process for individuals who believe they were wrongly delayed or prohibited from boarding a commercial aircraft or denied a right, benefit, or privilege by the Department because they were wrongly identified as a threat when screened against the terrorist watchlist used by the Transportation Security Administration, United States Customs and Border Protection, or any office or component of the Department. (b) Director The Office shall be headed by a Director, who shall be appointed by the Secretary and shall report to the Secretary. (c) Responsibilities The Director shall carry out the following responsibilities: (1) Implement and maintain a redress process that includes an information technology system for purposes of providing redress to individuals who believe they were misidentified against the terrorist watchlist and that addresses case management, workflow, document management, recordkeeping, and interoperability issues identified by audits of the redress process in effect on the day before the date of the enactment of this section. (2) Review, adjudicate, and respond in writing, within 30 days, to the greatest extent possible, to an individual who files an appeal and redress request with information relating to the disposition of such request. (3) Establish and maintain a Comprehensive Cleared List of individuals who, upon providing all information required by the Director to verify an individual’s identity, are determined by the Director to be misidentified. (4) Perform such other responsibilities as the Secretary may require. (d) Comprehensive Cleared List (1) In general The Secretary shall ensure that the Comprehensive Cleared List is electronically integrated into the systems for screening individuals against the terrorist watchlist maintained by the Transportation Security Administration, United States Customs and Border Protection, or any other office or component of the Department and shall— (A) transmit to other Federal, State, local, and tribal agencies and entities that use any terrorist watchlist the Comprehensive Cleared List and any other information the Secretary determines necessary to resolve misidentifications, as appropriate; and (B) work with other Federal, State, local, and tribal agencies or entities that use any terrorist watchlist to ensure, to the greatest extent practicable, that the Comprehensive Cleared List is considered when assessing the security risk of an individual. (e) Handling of personally identifiable information The Secretary, in conjunction with the Chief Privacy Officer of the Department, shall— (1) require that Federal employees of the Department handling personally identifiable information of individuals (in this paragraph referred to as PII ) complete mandatory privacy and security training prior to being authorized to handle PII; (2) ensure that the information maintained under this subsection is secured by encryption, including one-way hashing, data anonymization techniques, or such other equivalent technical security protections as the Secretary determines necessary; (3) limit the information collected from individuals to the minimum amount necessary to resolve an appeal and redress request; (4) ensure that the information maintained under this subsection is shared or transferred via an encrypted data network that has been audited to ensure that the anti-hacking and other security related software functions perform properly and are updated as necessary; (5) ensure that any employee of the Department receiving the information maintained under this subsection handles such information in accordance with section 552a of title 5, United States Code, the Federal Information Security Management Act of 2002 ( Public Law 107–296 ), and other applicable laws; (6) only retain the information maintained under this subsection for as long as needed to assist the individual in the appeal and redress process; (7) engage in cooperative agreements with appropriate Federal agencies and entities, on a reimbursable basis, to ensure that legal name changes are properly reflected in any terrorist watchlist and the Comprehensive Cleared List to improve the appeal and redress process and to ensure the most accurate lists of identifications possible (except that section 552a of title 5, United States Code, shall not prohibit the sharing of legal name changes among Federal agencies and entities for the purposes of this section); (8) ensure that the Chief Privacy Officer publishes an updated privacy impact assessment of the appeal and redress process established under this section and submit to the appropriate congressional committees such assessment; and (9) submit, on a quarterly basis, to the appropriate congressional committees— (A) data on the number of individuals who have sought and successfully obtained redress through the Office of Appeals and Redress during the immediately preceding quarter; (B) data on the number of individuals who have sought and were denied redress through the Office of Appeals and Redress during the immediately preceding quarter; (C) the average length of time for adjudication of completed applications during the immediately preceding quarter; and (D) a list of the grounds for denials, together with corresponding percentages for each such ground reflecting the frequency of use by the Office of Appeals and Redress during the immediately preceding quarter. (f) Initiation of appeal and redress process at airports and ports of entry At each airport and port of entry at which— (1) the Department has a presence, the Office shall provide written information to individuals to begin the appeal and redress process established pursuant to subsection (a); and (2) the Department has a significant presence, provide the written information referred to in subparagraph (1) and ensure a Transportation Security Administration or United States Customs and Border Protection supervisor who is trained in such appeal and redress process is available to provide support to individuals in need of guidance concerning such process. (g) Inspector General review Not later than one year after the date of the enactment of this section, the Inspector General of the Department shall submit to the appropriate congressional committees a report on the status of implementation of this section. The report shall include the following: (1) An evaluation of the appeal and redress process established pursuant to this section. (2) An assessment of the status of the Comprehensive Cleared List requirements, including the extent to which systems for screening individuals against the terrorist watchlist maintained by the Transportation Security Administration, United States Customs and Border Protection, and other offices and components of the Department have electronically integrated the Comprehensive Cleared List. (3) An assessment of the impact of implementation of this section, including the integration of the Comprehensive Cleared List into the systems for screening individuals against the terrorist watchlist maintained by the Transportation Security Administration, United States Customs and Border Protection, and other office or component of the Department has had on misidentifications of individuals. (h) Definitions (1) Appropriate congressional committee In this section, the term appropriate congressional committee means the Committee on Homeland Security of the House of Representatives and Committee on Homeland Security and Governmental Affairs of the Senate, and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. (2) Terrorist watch list In this section, the term terrorist watchlist means any terrorist watchlist or database used by the Transportation Security Administration, United States Customs and Border Protection, or any office or component of the Department of Homeland Security, or specified in Homeland Security Presidential Directive–6 to screen individuals, in effect as of the date of the enactment of this section. . (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the amendments made by this section. (c) Incorporation of Secure Flight Section 44903(j)(2) of title 49, United States Code, is amended— (1) in subparagraph (C)(iii)— (A) by redesignating subclauses (II) through (VII) as subclauses (III) through (VIII), respectively; and (B) by inserting after subclause (I) the following new subclause: (II) ensure, not later than 30 days after the date of the enactment of the FAST Redress Act of 2013, that the procedure established under subclause (I) is incorporated into the appeals and redress process established under section 890A of the Homeland Security Act of 2002; ; (2) in subparagraph (E)(iii), by inserting before the period at the end the following: , in accordance with the appeals and redress process established under section 890A of the Homeland Security Act of 2002 ; and (3) in subparagraph (G)— (A) in clause (i), by adding at the end the following new sentence: The Assistant Secretary shall incorporate the process established pursuant to this clause into the appeals and redress process established under section 890A of the Homeland Security Act of 2002. ; and (B) in clause (ii), by adding at the end the following new sentence: The Assistant Secretary shall incorporate the record established and maintained pursuant to this clause into the Comprehensive Cleared List established and maintained under section 890A of the Homeland Security Act of 2002. . (d) Conforming amendment Title 49, United States Code, is amended by striking section 44926 (and the item relating to such section in the analysis for chapter 449 of title 49). (e) Clerical amendment Section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101(b) ) is amended by adding after the item relating to section 890 the following new item: Sec. 890A. Appeal and redress. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1583ih/xml/BILLS-113hr1583ih.xml

113-hr-1584

I 113th CONGRESS 1st Session H. R. 1584 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Ms. Clarke introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to prevent terrorism, including terrorism associated with homegrown violent extremism and domestic violent extremism, and for other purposes. 1. Short title This Act may be cited as the Empowering Local Partners to Prevent Terrorism Act of 2013 . 2. Counterterrorism Training (a) In general Insert at the end of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 361 et seq. ) the following new subtitle: K Counterterrorism Training 899K. Definitions In this subtitle: (1) Violent extremism The term violent extremism means supporting or committing ideologically motivated violence. (2) Homeland security grant programs The term homeland security grant programs means grant programs under section 2002, and includes the State Homeland Security Grant Program, the Urban Area Security Initiative, and grants provided by the Secretary to the National Network of Fusion Centers. 899L. Guidance, outreach, training, and programs (a) In general The Secretary, acting through Department officials responsible for counterterrorism and addressing the threat of violent extremism, shall develop guidance, outreach, training, and programs in furtherance of national counterterrorism policy. (b) Training Not later than one year after the date of the enactment of this subtitle, the Secretary, acting through Department officials described in subsection (a), shall develop and distribute to State, local, and tribal authorities courses and materials that comply with the Grant Programs Directorate Information Bulletin No. 373 or successor bulletin for integration into the curricula for recruits and recurrent training for experienced law enforcement officers. 899M. Grant preapproval Beginning with grants provided for fiscal year 2014, grant guidance for homeland security grant programs shall inform recipients that expenditures on any training, programs, presentations, and speakers regarding counterterrorism that includes information about violent extremism, homegrown violent extremism, or domestic violent extremism that is acquired from an entity other than the Department, must be approved, in advance, by the Chief Privacy Officer and the Office for Civil Rights and Civil Liberties of the Department. 899N. Oversight Not later than 180 days after the date of the enactment of this subtitle, the Inspector General of the Department shall regularly review expenditures of homeland security grant programs by State, local, and tribal authorities on training, programs, presentations, and speakers that are not acquired through the Secretary regarding counterterrorism, violent extremism, homegrown violent extremism, and domestic violent extremism. The Inspector General shall evaluate— (1) whether the expenditure at issue is consistent with national counterterrorism priorities; and (2) whether such expenditure is consistent with constitutional civil rights and civil liberties, including prohibiting racial, ethnic, and religious profiling. . (b) Conforming amendment Section 2002(a) of such Act ( 6 U.S.C. 603(a) ) is amended by inserting , in accordance with section 899M, after may . (c) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 899J the following new items: Subtitle K—Counterterrorism Training Sec. 899K. Definitions. Sec. 899L. Guidance, outreach, training, and programs. Sec. 899M. Grant preapproval. Sec. 899N. Oversight. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1584ih/xml/BILLS-113hr1584ih.xml

113-hr-1585

I 113th CONGRESS 1st Session H. R. 1585 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Engel 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 require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security benefits under title II of the Social Security Act and to provide, in the case of elderly beneficiaries under such title, for an annual cost-of-living increase which is not less than 3 percent. 1. Short title This Act may be cited as the Guaranteed 3% COLA for Seniors Act of 2013 . 2. Consumer Price Index for Elderly Consumers (a) In general The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the Consumer Price Index for Elderly Consumers that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective date Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. 3. Computation of cost-of-living increases (a) In general Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) ) is amended— (1) in paragraph (1)(G), by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be adjusted under this subsection using such Index ; (2) in paragraph (2)(A)(ii), by adding at the end the following: In the case of individuals referred to in subdivision (I) or (II) who have attained age 62, irrespective of whether the Commissioner makes a determination described in the first sentence of this clause with respect to the base quarter in any year, effective for adjustments under this subsection to the primary insurance amount on which such individual’s monthly insurance benefit is based occurring after such individual attains such age (or to any such benefit under section 227 or 228), the Commissioner shall, effective with the month of December of such year, increase benefit amounts and primary insurance amounts of such individuals under this clause as if such base quarter were a cost of living computation quarter and the applicable increase percentage with respect to such base quarter were equal to the greater of 3 percent or the applicable increase percentage (if any) with respect to such base quarter. ; and (3) in paragraph (4), by striking and by section 9001 and inserting , by section 9001 , and by inserting after 1986, the following: and by section 3 of the Guaranteed 3% COLA for Seniors Act of 2013 , . (b) Conforming amendments in applicable former law Section 215(i) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended— (1) in paragraph (1)(C), by inserting before the period the following: , and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be adjusted under this subsection using such Index ; and (2) by adding at the end of paragraph (2)(A)(ii) the following: In the case of individuals referred to in the first sentence of this clause who have attained age 62, irrespective of whether the Commissioner makes a determination described in the first sentence of this clause with respect to the base quarter in any year, effective for adjustments under this subsection to the primary insurance amount on which such individual’s monthly insurance benefit is based occurring after such individual attains such age (or to any such benefit under section 227 or 228), the Commissioner shall, effective with the month of December of such year, increase benefit amounts and primary insurance amounts of such individuals under this clause as if such base quarter were a cost of living computation quarter and the percentage referred to in the first sentence of this clause with respect to such base quarter were equal to the greater of 3 percent or the percentage (if any) otherwise referred to in the first sentence of this clause with respect to such base quarter. . (c) Protection of benefits subject to the family maximum Section 203(a) of the Social Security Act ( 42 U.S.C. 403(a) ) is amended by adding at the end the following new paragraph: (11) In determining whether total monthly benefits based on any primary insurance amount exceed the amount permitted under this subsection, the Commissioner shall disregard the portion of any benefit otherwise payable to any beneficiary under this title which is attributable to so much of any increases in benefits which would not have occurred but for the application of the last sentence of section 215(i)(2)(A)(ii) (or the last sentence of section 215(i)(2)(A)(ii) as in effect in December 1978 (as amended) and applied in certain cases under the provisions of such Act in effect after December 1978). . (d) Rule of construction This section and the amendments made thereby shall not be construed as a general benefit increase for purposes of section 215(i) of the Social Security Act (and section 215(i) of such Act as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978). (e) Effective date The amendments made by this section shall apply to determinations made with respect to base quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted.

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113-hr-1586

I 113th CONGRESS 1st Session H. R. 1586 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Gohmert (for himself, Mr. Chabot , Mr. Barton , and Mr. Scalise ) introduced the following bill; which was referred to the Committee on House Administration A BILL To direct the Architect of the Capitol to acquire and place a historical plaque to be permanently displayed in National Statuary Hall recognizing the seven decades of Christian church services being held in the Capitol from 1800 to 1868, which included attendees James Madison and Thomas Jefferson. 1. Short title This Act may be cited as the Congressional Hope for Uniform Recognition of Christian Heritage (CHURCH) Act of 2013 . 2. Acquisition and Display of Historical Plaque Recognizing the Seven Decades of Christian Church Services Being Held in the Capitol (a) Acquisition The Architect of the Capitol shall enter into an agreement with a private entity for the design and fabrication of a historical plaque to be permanently displayed in National Statuary Hall recognizing the seven decades of Christian church services being held in the Capitol from 1800 to 1868. (b) Design The plaque designed and fabricated pursuant to the agreement entered into under subsection (a) shall be of such size and design as may be provided under the terms of the agreement, except that the plaque shall contain the following statement: The first Christian church services in the Capitol were held when the Government moved to Washington in the fall of 1800. They were conducted in the Hall of the House in the north wing of the building. In 1801, the House moved the church services to temporary quarters in the south wing, called the Oven , which it vacated in 1804, returning services to the north wing for 3 years. During church services, the Speaker’s podium was used as the preacher’s pulpit. Within a year of his inauguration, President Thomas Jefferson began attending church services in the Chamber of the House of Representatives. Throughout his administration (1801–1809), Thomas Jefferson permitted and encouraged church services in executive branch buildings. Sermons regarding the Old and New Testaments of the Bible were even conducted in the Supreme Court chambers while the judicial branch was located in the old north wing of the Capitol. The term separation of church and state , not found in the Constitution, was rather first used by Thomas Jefferson in a letter to the Danbury Baptists. Though Jefferson saw no problem with having nondenominational Christian services in government buildings, he affirmed that the Government should not choose an official Christian denomination. The worship services in the Government-owned House Chamber—a practice that continued until after the Civil War—were acceptable to Jefferson because they were nondiscriminatory and voluntary. President James Madison, the recognized author of the Constitution, followed Jefferson's example. In keeping with Madison’s understanding of the first amendment, church services were permitted in the halls of State on Sundays during his administration (1809–1817). However, unlike Jefferson, who rode on horseback to attend church in the Capitol, Madison traveled in a coach pulled by four horses. The services were interrupted in 1814 after the interior was burned by the British and had to be repaired. Preachers of every Christian denomination preached Christian doctrine in this Chamber. On January 8, 1826, Bishop John England (1786–1842) of Charleston, South Carolina, became the first Catholic clergyman to preach in the House of Representatives. The first woman to preach before the House, and likely the first woman to speak officially in Congress under any circumstances, was the English evangelist, Dorothy Ripley (1767–1832), who conducted a service on January 12, 1806. . (c) Presentation Ceremony The Architect of the Capitol is authorized to use National Statuary Hall for a presentation ceremony for the plaque on a date determined by the Architect. The Architect of the Capitol and the Capitol Police Board shall take such action as may be necessary with respect to physical preparations and security for the ceremony. (d) Display Upon receiving the plaque designed and fabricated pursuant to the agreement entered into under this section, the Architect of the Capitol shall display the plaque permanently in a place of prominence in National Statuary Hall. 3. Use of existing funds Any amounts obligated or expended by the Architect of the Capitol to carry out this Act shall be derived from funds available to the Architect as of the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1586ih/xml/BILLS-113hr1586ih.xml

113-hr-1587

I 113th CONGRESS 1st Session H. R. 1587 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Marino (for himself, Mr. Young of Alaska , Mr. Reed , and Mr. Turner ) 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 authorize the Secretary of the Interior and the Secretary of Agriculture to issue permits for rights-of-way, temporary easements, or other necessary authorizations to facilitate natural gas, oil, and petroleum product pipelines and related facilities on eligible Federal lands, and for other purposes. 1. Short title This Act may be cited as the Energy Infrastructure Improvement Act . 2. Authority for natural gas and oil pipelines (a) In general Notwithstanding any provision of the Mineral Leasing Act (cite), the Secretary may issue permits for rights-of-way, temporary easements, or other necessary authorizations to allow a permittee to construct, operate, maintain, expand, or modify a natural gas, oil, or petroleum products pipeline and related facilities on eligible Federal lands. (b) Terms and Conditions A permit issued under this section shall be consistent with the laws and regulations generally applicable to utility rights-of-way within the respective eligible Federal land and subject to such terms and conditions as the Secretary deems appropriate. (c) Fees (1) Permit fee The Secretary shall charge and retain a fee for any permit issued under this section. The fee shall be calculated to provide for recovery of costs incurred by the United States associated with processing, issuing, and monitoring the permit. (2) Annual fee The Secretary shall charge an annual fee related to each permit which requires payment, in advance, of the fair market rental value of permitted use as determined by the Secretary. (d) Term (1) Initial term The Secretary shall determine the initial fixed term for a permit issued under this section, taking into consideration the following: (A) The cost of planning, approval, construction, operation, and maintenance of the pipeline and its related facility (in terms of time and money). (B) The useful life of the pipeline and its related facility. (C) The public or economic purpose served by the pipeline and its related facility. (2) Renewals The Secretary shall renew any right-of-way issued under this section, in accordance with the provisions of this section, if the pipeline and its related facility is in commercial operation and operated and maintained in accordance with this section and the permit issued under this section for that pipeline and its related facility. (e) Enforcement (1) In general The Secretary may impose citations or fines or suspend or revoke any authority under a permit issued under this section for failure to comply with or for violation of any term or condition of the permit. (2) Suspension or termination of the right-of-way Abandonment of a permit or deliberate noncompliance with any provision of this section or of a permit issued under this section may be grounds for suspension or termination of the permit if the Secretary determines that such grounds exist and that suspension or termination is justified after the permittee has been given— (A) due notice; (B) a reasonable opportunity to remedy the abandonment or noncompliance; and (C) an appropriate administrative proceeding pursuant to section 554 of title 5, United States Code. (3) Misuse or nonuse of permit Deliberate failure to use a permit for the purpose for which it was granted or renewed for any continuous two-year period shall constitute a rebuttable presumption of abandonment of the permit. Where the failure to use the permit is due to circumstances not within the permittee’s control, the Secretary is not required to commence proceedings to suspend or terminate the permit. (4) Judicial review Not later than 90 days after a final decision by the Secretary under this subsection, a permittee may file a suit to challenge that decision in the United States court of appeals for the circuit in which the Federal land which is the subject of the permit is located. Such court shall have jurisdiction to hear and determine any suit brought as provided in this subsection. (f) Modifications The Secretary may modify a permit issued under this section if the modification is agreed upon by the permittee and complies with this section. Any action taken by the Secretary pursuant to this subsection shall not be considered a major Federal action requiring a detailed statement under section 102(2)(C) of the National Environmental Policy Act of 1970 ( 42 U.S.C. 4332(2)(C) ). (g) Definitions For purposes of this section: (1) Eligible Federal lands The term eligible Federal lands means— (A) Federal lands under the administrative jurisdiction of the Secretary of the Interior, except— (i) lands held in trust for a federal recognized Indian tribe or a member of a federally recognized Indian tribe; and (ii) lands on the Outer Continental Shelf; and (B) National Forest System lands. (2) Facility The term facility — (A) includes such things as buildings, pipelines, and auxiliary or appurtenant facilities related to the construction, operation, and maintenance of the pipeline; and (B) does not include wells, drills, or drilling platforms. (3) Permittee The term permittee means the owner of a natural gas, oil, or petroleum products pipeline and the owner’s successors or assigns. (4) Secretary The term Secretary means the Secretary of the Interior or the Secretary of Agriculture, as appropriate in regard the Secretary with administrative jurisdiction over the Federal lands involved.

https://www.govinfo.gov/content/pkg/BILLS-113hr1587ih/xml/BILLS-113hr1587ih.xml

113-hr-1588

I 113th CONGRESS 1st Session H. R. 1588 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Waxman (for himself, Mr. Levin , Mr. George Miller of California , Mr. McDermott , and Mr. Andrews ) 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 require drug manufacturers to provide drug rebates for drugs dispensed to low-income individuals under the Medicare prescription drug benefit program. 1. Short title This Act may be cited as the Medicare Drug Savings Act of 2013 . 2. Requiring drug manufacturers to provide drug rebates for drugs dispensed to low-income individuals (a) In general Section 1860D–2 of the Social Security Act ( 42 U.S.C. 1395w–102 ) is amended— (1) in subsection (e)(1), in the matter preceding subparagraph (A), by inserting and subsection (f) after this subsection ; and (2) by adding at the end the following new subsection: (f) Prescription drug rebate agreement for rebate eligible individuals (1) Requirement (A) In general For plan years beginning on or after January 1, 2015, in this part, the term covered part D drug does not include any drug or biological product that is manufactured by a manufacturer that has not entered into and have in effect a rebate agreement described in paragraph (2). (B) 2014 plan year requirement Any drug or biological product manufactured by a manufacturer that declines to enter into a rebate agreement described in paragraph (2) for the period beginning on January 1, 2014, and ending on December 31, 2014, shall not be included as a covered part D drug for the subsequent plan year. (2) Rebate agreement A rebate agreement under this subsection shall require the manufacturer to provide to the Secretary a rebate for each rebate period (as defined in paragraph (6)(B)) ending after December 31, 2013, in the amount specified in paragraph (3) for any covered part D drug of the manufacturer dispensed after December 31, 2013, to any rebate eligible individual (as defined in paragraph (6)(A)) for which payment was made by a PDP sponsor or MA organization under this part for such period, including payments passed through the low-income and reinsurance subsidies under sections 1860D–14 and 1860D–15(b), respectively. Such rebate shall be paid by the manufacturer to the Secretary not later than 30 days after the date of receipt of the information described in section 1860D–12(b)(7), including as such section is applied under section 1857(f)(3), or 30 days after the receipt of information under subparagraph (D) of paragraph (3), as determined by the Secretary. Insofar as not inconsistent with this subsection, the Secretary shall establish terms and conditions of such agreement relating to compliance, penalties, and program evaluations, investigations, and audits that are similar to the terms and conditions for rebate agreements under paragraphs (3) and (4) of section 1927(b). (3) Rebate for rebate eligible Medicare drug plan enrollees (A) In general The amount of the rebate specified under this paragraph for a manufacturer for a rebate period, with respect to each dosage form and strength of any covered part D drug provided by such manufacturer and dispensed to a rebate eligible individual, shall be equal to the product of— (i) the total number of units of such dosage form and strength of the drug so provided and dispensed for which payment was made by a PDP sponsor or an MA organization under this part for the rebate period, including payments passed through the low-income and reinsurance subsidies under sections 1860D–14 and 1860D–15(b), respectively; and (ii) the amount (if any) by which— (I) the Medicaid rebate amount (as defined in subparagraph (B)) for such form, strength, and period, exceeds (II) the average Medicare drug program rebate eligible rebate amount (as defined in subparagraph (C)) for such form, strength, and period. (B) Medicaid rebate amount For purposes of this paragraph, the term Medicaid rebate amount means, with respect to each dosage form and strength of a covered part D drug provided by the manufacturer for a rebate period— (i) in the case of a single source drug or an innovator multiple source drug, the amount specified in paragraph (1)(A)(ii)(II) or (2)(C) of section 1927(c) plus the amount, if any, specified in subparagraph (A)(ii) of paragraph (2) of such section, for such form, strength, and period; or (ii) in the case of any other covered outpatient drug, the amount specified in paragraph (3)(A)(i) of such section for such form, strength, and period. (C) Average Medicare drug program rebate eligible rebate amount For purposes of this subsection, the term average Medicare drug program rebate eligible rebate amount means, with respect to each dosage form and strength of a covered part D drug provided by a manufacturer for a rebate period, the sum, for all PDP sponsors under part D and MA organizations administering an MA–PD plan under part C, of— (i) the product, for each such sponsor or organization, of— (I) the sum of all rebates, discounts, or other price concessions (not taking into account any rebate provided under paragraph (2) or any discounts under the program under section 1860D–14A) for such dosage form and strength of the drug dispensed, calculated on a per-unit basis, but only to the extent that any such rebate, discount, or other price concession applies equally to drugs dispensed to rebate eligible Medicare drug plan enrollees and drugs dispensed to PDP and MA–PD enrollees who are not rebate eligible individuals; and (II) the number of the units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in the prescription drug plans administered by the PDP sponsor or the MA–PD plans administered by the MA organization; divided by (ii) the total number of units of such dosage and strength of the drug dispensed during the rebate period to rebate eligible individuals enrolled in all prescription drug plans administered by PDP sponsors and all MA–PD plans administered by MA organizations. (D) Use of estimates The Secretary may establish a methodology for estimating the average Medicare drug program rebate eligible rebate amounts for each rebate period based on bid and utilization information under this part and may use these estimates as the basis for determining the rebates under this section. If the Secretary elects to estimate the average Medicare drug program rebate eligible rebate amounts, the Secretary shall establish a reconciliation process for adjusting manufacturer rebate payments not later than 3 months after the date that manufacturers receive the information collected under section 1860D–12(b)(7)(B). (4) Length of agreement The provisions of paragraph (4) of section 1927(b) (other than clauses (iv) and (v) of subparagraph (B)) shall apply to rebate agreements under this subsection in the same manner as such paragraph applies to a rebate agreement under such section. (5) Other terms and conditions The Secretary shall establish other terms and conditions of the rebate agreement under this subsection, including terms and conditions related to compliance, that are consistent with this subsection. (6) Definitions In this subsection and section 1860D–12(b)(7): (A) Rebate eligible individual The term rebate eligible individual means— (i) a subsidy eligible individual (as defined in section 1860D–14(a)(3)(A)); (ii) a Medicaid beneficiary treated as a subsidy eligible individual under clause (v) of section 1860D–14(a)(3)(B); and (iii) any part D eligible individual not described in clause (i) or (ii) who is determined for purposes of the State plan under title XIX to be eligible for medical assistance under clause (i), (iii), or (iv) of section 1902(a)(10)(E). (B) Rebate period The term rebate period has the meaning given such term in section 1927(k)(8). . (b) Reporting requirement for the determination and payment of rebates by manufactures related to rebate for rebate eligible Medicare drug plan enrollees (1) Requirements for PDP sponsors Section 1860D–12(b) of the Social Security Act (42 U.S.C. 1395w–112(b)) is amended by adding at the end the following new paragraph: (7) Reporting requirement for the determination and payment of rebates by manufacturers related to rebate for rebate eligible Medicare drug plan enrollees (A) In general For purposes of the rebate under section 1860D–2(f) for contract years beginning on or after January 1, 2015, each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan shall require that the sponsor comply with subparagraphs (B) and (C). (B) Report form and contents Not later than a date specified by the Secretary, a PDP sponsor of a prescription drug plan under this part shall report to each manufacturer— (i) information (by National Drug Code number) on the total number of units of each dosage, form, and strength of each drug of such manufacturer dispensed to rebate eligible Medicare drug plan enrollees under any prescription drug plan operated by the PDP sponsor during the rebate period; (ii) information on the price discounts, price concessions, and rebates for such drugs for such form, strength, and period; (iii) information on the extent to which such price discounts, price concessions, and rebates apply equally to rebate eligible Medicare drug plan enrollees and PDP enrollees who are not rebate eligible Medicare drug plan enrollees; and (iv) any additional information that the Secretary determines is necessary to enable the Secretary to calculate the average Medicare drug program rebate eligible rebate amount (as defined in paragraph (3)(C) of such section), and to determine the amount of the rebate required under this section, for such form, strength, and period. Such report shall be in a form consistent with a standard reporting format established by the Secretary. (C) Submission to Secretary Each PDP sponsor shall promptly transmit a copy of the information reported under subparagraph (B) to the Secretary for the purpose of audit oversight and evaluation. (D) Confidentiality of information The provisions of subparagraph (D) of section 1927(b)(3), relating to confidentiality of information, shall apply to information reported by PDP sponsors under this paragraph in the same manner that such provisions apply to information disclosed by manufacturers or wholesalers under such section, except— (i) that any reference to this section in clause (i) of such subparagraph shall be treated as being a reference to this section; (ii) the reference to the Director of the Congressional Budget Office in clause (iii) of such subparagraph shall be treated as including a reference to the Medicare Payment Advisory Commission; and (iii) clause (iv) of such subparagraph shall not apply. (E) Oversight Information reported under this paragraph may be used by the Inspector General of the Department of Health and Human Services for the statutorily authorized purposes of audit, investigation, and evaluations. (F) Penalties for failure to provide timely information and provision of false information In the case of a PDP sponsor— (i) that fails to provide information required under subparagraph (B) on a timely basis, the sponsor is subject to a civil money penalty in the amount of $10,000 for each day in which such information has not been provided; or (ii) that knowingly (as defined in section 1128A(i)) provides false information under such subparagraph, the sponsor is subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalties are in addition to other penalties as may be prescribed by law. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). . (2) Application to MA organizations Section 1857(f)(3) of the Social Security Act ( 42 U.S.C. 1395w–27(f)(3) ) is amended by adding at the end the following: (D) Reporting requirement related to rebate for rebate eligible Medicare drug plan enrollees Section 1860D–12(b)(7). . (c) Deposit of rebates into Medicare Prescription Drug Account Section 1860D–16(c) of the Social Security Act ( 42 U.S.C. 1395w–116(c) ) is amended by adding at the end the following new paragraph: (6) Rebate for rebate eligible Medicare drug plan enrollees Amounts paid under a rebate agreement under section 1860D–2(f) shall be deposited into the Account. . (d) Exclusion from determination of best price and average manufacturer price under Medicaid (1) Exclusion from best price determination Section 1927(c)(1)(C)(ii)(I) of the Social Security Act ( 42 U.S.C. 1396r–8(c)(1)(C)(ii)(I) ) is amended by inserting and amounts paid under a rebate agreement under section 1860D–2(f) after this section . (2) Exclusion from average manufacturer price determination Section 1927(k)(1)(B)(i) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(1)(B)(i) ) is amended— (A) in subclause (IV), by striking and after the semicolon; (B) in subclause (V), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (VI) amounts paid under a rebate agreement under section 1860D–2(f). .

https://www.govinfo.gov/content/pkg/BILLS-113hr1588ih/xml/BILLS-113hr1588ih.xml

113-hr-1589

I 113th CONGRESS 1st Session H. R. 1589 IN THE HOUSE OF REPRESENTATIVES April 16, 2013 Mr. Welch (for himself and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To expand the noninsured crop assistance program established by the Federal Agriculture Improvement and Reform Act of 1996 to provide coverages for eligible crops under the program equivalent to additional coverage available under the Federal Crop Insurance Act. 1. Short title This Act may be cited as the Small Farm Insurance Act of 2013 . 2. Noninsured crop assistance program Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ), as amended by section 11013(b)) is further amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following new paragraph: (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)(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 new clause: (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 ; (2) in subsection (d), by striking The Secretary and inserting Subject to subsection (l), the Secretary ; and (3) by adding at the end the following new subsection: (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 of the established yield for the eligible crop on the farm, computed by multiplying— (A) the quantity that is not greater than 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 the product obtained by multiplying— (i) the number of acres devoted to the eligible crop; (ii) the established yield for the eligible crop, 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 (v) .0525. (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) Premium Payment and Application Deadline (A) Premium payment A producer electing additional coverage under this subsection shall pay the premium amount owed for the additional coverage by September 30 of the crop year for which the additional coverage is purchased. (B) Application Deadline The latest date on which additional coverage under this subsection may be elected shall be the application closing date described in subsection (b)(1). (5) Effective date Additional coverage under this subsection shall be available beginning with the 2014 crop. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1589ih/xml/BILLS-113hr1589ih.xml

113-hr-1590

I 113th CONGRESS 1st Session H. R. 1590 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Courtney (for himself, Mr. Larson of Connecticut , Ms. DeLauro , Ms. Pingree of Maine , and Mr. Schrader ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Specialty Crops Competitiveness Act of 2004 to include farmed shellfish as specialty crops. 1. Short title This Act may be cited as the Shellfish Marketing Assistance Fairness Act . 2. Farmed shellfish as specialty crops Section 3(1) of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note; Public Law 108–465 ) is amended by inserting farmed shellfish, after fruits, .

https://www.govinfo.gov/content/pkg/BILLS-113hr1590ih/xml/BILLS-113hr1590ih.xml

113-hr-1591

I 113th CONGRESS 1st Session H. R. 1591 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Carter (for himself, Mr. Burgess , Ms. Speier , Mr. King of New York , Mr. McCaul , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide for the establishment and maintenance of an undiagnosed diseases network, and for other purposes. 1. Short title This Act may be cited as the Charles August Long Undiagnosed Diseases Research and Collaboration Network Act of 2013 or the CAL Undiagnosed Diseases Research and Collaboration Network Act of 2013 . 2. CAL Network of undiagnosed diseases Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by inserting after section 317T the following: 317U. The National CAL Network of Undiagnosed Diseases (a) Establishment The Secretary, acting through the Director of NIH, shall establish and maintain an undiagnosed diseases patient network (in this section referred to as the CAL Network ). (b) Purposes The purposes of the CAL Network shall be to— (1) provide physicians who are handling cases of undiagnosed diseases with a means, consistent with applicable privacy laws, including HIPAA privacy and security law (as defined in section 3009(a)(2)), to search for similar cases and to network and collaborate with the physicians handling such similar cases in order to find a diagnosis and to improve patient care and outcomes; (2) better enable and examine cross-disease research whereby cases of undiagnosed diseases can be cross-referenced against attributes of common diseases and rare diseases to assist in the rendering of a diagnosis; elucidate commonalities; identify atypical presentations, rare subgroups, similar findings; and identify potential treatments; (3) better describe the types and prevalence of cases of undiagnosed diseases in the United States; (4) make necessary data available to elucidate appropriate factors (such as genetic, environmental, and occupational factors) that may be associated with the various types of cases of undiagnosed diseases reported by individuals specified by the Director of NIH; (5) better outline key demographic factors (such as age, race or ethnicity, gender, sex, geographic location, and family medical history) of individuals who are undiagnosed; (6) provide such data necessary to better understand the length of time for a diagnoses to be rendered in cases of undiagnosed diseases and to identify barriers to diagnoses and reasons for misdiagnosis of diseases; and (7) provide such information necessary to determine, in order to improve access of individuals with undiagnosed diseases throughout the United States (including those with severe illnesses which limit or restrict travel) to programs similar to the Undiagnosed Disease Program conducted at the National Institutes of Health, if the needs and number of such individuals support— (A) the expansion of such Undiagnosed Disease Program, as in existence as of the date of the enactment of this section, to include the establishment of additional undiagnosed diseases programs of like scope and nature at other locations throughout the United States; and (B) the establishment by entities other than the National Institutes of Health of separate undiagnosed disease programs of like scope and nature to the Undiagnosed Disease Program at locations throughout the United States under the guidance of and through grants provided by and through such Undiagnosed Diseases Program. (c) Content of the CAL Network The Secretary shall include in the CAL Network such information respecting undiagnosed diseases as the Secretary deems appropriate for the purposes described in subsection (b) and other purposes to facilitate the early recognition, treatment, cure, and control of such diseases. (d) Availability (1) Design requirements Subject to paragraph (2), for the purposes described in subsection (c) and consistent with applicable privacy laws, including HIPAA privacy and security law (as defined in section 3009(a)(2)), the Secretary shall ensure that the CAL Network is designed in such a manner as to— (A) make the information in the CAL Network available to appropriate health care professionals, patients, and other qualified individuals and organizations, as determined by the Secretary, who are registered to access such network in accordance with such process and requirements as specified by the Secretary; (B) make epidemiological and other types of information obtained through the CAL Network available to Federal agencies and health-related agencies; (C) provide for different levels and types of access to such network to be granted based on the circumstances and individuals involved; and (D) allow for an individual to have only the level and type of access to the network so granted. (2) Information which may not be publically disclosed The design under paragraph (1) shall ensure that the following information is not publicly disclosed: (A) Individually identifiable information. (B) Trade secrets or commercial or financial information obtained from a person and privileged or confidential, as provided in section 552(b)(4) of title 5, United States Code. (e) Grants The Secretary, acting through the Director of NIH, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for— (1) the collection, analysis, and reporting of data on cases of undiagnosed diseases and other disorders that can often go undiagnosed or be misdiagnosed as other diseases or disorders; and (2) the establishment of separate undiagnosed disease programs described in subsection (b)(7)(B). (f) Implementation schedule In carrying out this section, the Secretary shall— (1) not later than 1 year after the date of the enactment of this section, complete any study, research, and development necessary to implement the CAL Network; and (2) complete the implementation of the CAL Network such that it is fully operational by not later than September 30, 2015. (g) Undiagnosed diseases defined For purposes of this section, the term undiagnosed disease means a medically unexplained chronic multi-symptom disease that— (1) causes the decline of, limitations in, or cessation of a person’s developmental status, functional status, quality of life, or any combination thereof; (2) has not been diagnosed by a medical specialist in a tertiary medical center; (3) is defined by a cluster of signs or symptoms; which by history, physical examination, and laboratory tests cannot be attributed to any known clinical diagnosis; (4) is without conclusive pathophysiology or etiology; (5) is characterized by overlapping symptoms and signs; or (6) exhibits an inconsistent demonstration of laboratory abnormalities. (h) Authorization of appropriations (1) In general To carry out this section, there are authorized to be appropriated $5,000,000 for the period of fiscal years 2014 through 2019. (2) Offset To offset amounts appropriated pursuant to the authorization of appropriations in paragraph (1), the Secretary shall reduce funds that would otherwise be obligated and expended under the account heading National Institutes of Health–Office of the Director by $5,000,000 for the period of fiscal years 2014 through 2019. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1591ih/xml/BILLS-113hr1591ih.xml

113-hr-1592

I 113th CONGRESS 1st Session H. R. 1592 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Mica (for himself, Ms. Wilson of Florida , Mr. Diaz-Balart , Ms. Wasserman Schultz , Mr. Radel , Mr. Hastings of Florida , Mr. Rooney , Mr. Buchanan , Mr. Garcia , Ms. Ros-Lehtinen , and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide for the conveyance of the David W. Dyer Federal Building and United States Courthouse in Miami, Florida, to Miami Dade College in Miami Dade County, Florida. 1. Conveyance of property (a) In general As soon as practicable after the date of the enactment of this Act, but not later than 180 days after such date, the Administrator of the General Services Administration shall convey to Miami Dade College of Miami Dade County, Florida (in this section referred to as the College ) , all right, title, and interest of the United States in and to the David W. Dyer Federal Building and United States Courthouse at 300 NE 1st Avenue in Miami, Florida. (b) Use of building The purpose of the conveyance is to allow the College to use the Federal building and courthouse as a cultural and educational complex, including additional class and programming space for workforce training, community workshops, lectures, performances, exhibitions, and screenings. (c) Conditions Except as provided in section 2, the conveyance required by this section shall be made by quitclaim deed without consideration and without imposing any obligation, term, or condition on the College. 2. Reversionary interest If the administrator of the General Services Administration determines at any time that the real property conveyed under section 1 is not being used in accordance with the purpose of the conveyance specified in such section, all right, title, and interest in and to the property shall revert, at the option of the Administrator, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Administrator under this section shall be made on the record after an opportunity for a hearing. 3. NEPA exemption Section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall not apply to the conveyance of land under subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr1592ih/xml/BILLS-113hr1592ih.xml

113-hr-1593

I 113th CONGRESS 1st Session H. R. 1593 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Ms. Speier (for herself, Mr. Andrews , Ms. Bass , Mr. Becerra , Mr. Bera of California , Mr. Blumenauer , Ms. Bonamici , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Ms. Brown of Florida , Mr. Butterfield , Mr. Capuano , Mr. Carson of Indiana , Mr. Cartwright , Ms. Castor of Florida , Ms. Chu , Mr. Cicilline , Ms. Clarke , Mr. Clay , Mr. Cleaver , Mr. Cohen , Mr. Connolly , Mr. Conyers , Mr. Crowley , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mr. DeFazio , Ms. DeGette , Ms. DeLauro , Mr. Delaney , Mr. Doggett , Ms. Edwards , Mr. Ellison , Ms. Eshoo , Mr. Farr , Mr. Fattah , Ms. Frankel of Florida , Mr. Garamendi , Mr. Al Green of Texas , Mr. Grijalva , Mr. Gutierrez , Ms. Hahn , Mr. Hastings of Florida , Mr. Holt , Mr. Honda , Mr. Huffman , Ms. Jackson Lee , Mr. Johnson of Georgia , Mr. Jones , Ms. Kaptur , Mr. Keating , Mr. Kind , Ms. Lee of California , Mr. Lewis , Mr. Levin , Mr. Ben Ray Luján of New Mexico , Mrs. Carolyn B. Maloney of New York , Mr. Markey , Ms. Matsui , Mrs. McCarthy of New York , Ms. McCollum , Mr. McGovern , Mr. McNerney , Mr. George Miller of California , Ms. Moore , Mrs. Napolitano , Ms. Norton , Mr. Payne , Mr. Perlmutter , Ms. Pingree of Maine , Mr. Polis , Mr. Quigley , Mr. Rangel , Mr. Rahall , Ms. Roybal-Allard , Ms. Schakowsky , Ms. Schwartz , Mr. Schrader , Mr. Thompson of California , Mr. Thompson of Mississippi , Mr. Tierney , Ms. Titus , Mr. Tonko , Mr. Walz , Ms. Waters , Mr. Welch , Ms. Wilson of Florida , and Mr. Larson of Connecticut ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to improve the prevention of and response to sexual assault in the Armed Forces by establishing a Sexual Assault Oversight and Response Council and an enhanced Sexual Assault Oversight and Response Office and by requiring the appointment of a Director of Military Prosecutions for sexual-related offenses committed by a member of the Armed Forces, and for other purposes. 1. Short title This Act may be cited as the Sexual Assault Training Oversight and Prevention Act or the STOP Act . 2. Findings Congress makes the following findings: (1) The Department of Defense conducted a survey of members of the Armed Forces serving on active duty that revealed that only 13.5 percent of such members reported incidents of sexual assault, which means that more than 19,000 incidents of sexual assault of members of the Armed Forces actually occurred in 2010 alone. (2) Despite modest attempts, the Department of Defense has failed to address the chronic under reporting of incidents of sexual assault and harassment, as by the Department’s own estimates, 86 percent of sexual assaults went unreported in 2010. (3) The military adjudication system itself lacks independence, as military judges depend on command, and members of the Armed Forces have only limited access to civilian courts to address their grievances. (4) The Cox Commission, sponsored by the National Institute of Military Justice, as well as several other actors, have consistently observed that the United States has fallen behind countries such as Canada and the United Kingdom in terms of its military justice system. (5) The military atmosphere is not conducive to resolving issues of sexual assault and harassment, and sexual violence continues to infect the Armed Forces. (6) The culture of the United States Armed Forces is based on the chain of command. In a case of sexual assault, a commander may be responsible for both the victim and the offender, or both of their units, or the entire base or ship where the offense occurred. Command discretion empowers a commander to decide if the case goes forward to court martial. The great deference afforded command discretion raises serious concerns about conflicts of interest and the potential for abuse of power. 3. Department of Defense Sexual Assault Oversight and Response Council (a) In general Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section: 189. Sexual Assault Oversight and Response Council (a) Establishment; membership There is a Sexual Assault Oversight and Response Council (hereinafter in this section referred to as the Council ). Composed of a majority of civilians this Council shall be independent from the chain of command within the Department of Defense. (b) Membership (1) The membership of the Council is comprised of individuals selected by the President and the Secretary of Defense who are governmental and nongovernmental experts and professionals in the judicial and sexual assault fields as follows: (A) Two members shall be appointed by the Secretary of the Defense from among the Department of Defense personnel who have previously served as military judges in courts-martial cases relating to sexual assault. (B) One member shall be appointed by the President from among the Department of Justice personnel with expertise in prosecuting cases of sexual assault. (C) One member shall be appointed by the President who shall have extensive experience advocating for the rights of those sexually assaulted while serving in the Armed Forces. (D) One member shall be appointed by the President who shall have extensive expertise adjudicating civilian cases of sexual assault. (2) Members shall be appointed for a term of three years, except that a member of the Council appointed to fill a vacancy occurring before the end of the term for which the member’s predecessor was appointed shall only serve until the end of such term. A member may serve after the end of the member’s term until the member’s successor takes office. (c) Chairman; meetings (1) The Council shall elect a chair from among its members. (2) The Council shall meet not less often than once every year. (d) Administrative provisions (1) Each member of the Council who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for Executive Schedule Level IV under section 5315 of title 5, for each day (including travel time) during which such member is engaged in the performance of the duties of the Council. Members of the Council 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. (2) The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the board. (e) Responsibilities The Council shall be responsible for the following matters: (1) Appointing certain personnel to the Sexual Assault Oversight and Response Office and advising the Sexual Assault Oversight and Response Office. (2) Appointing, in consultation with the Secretary of Defense, the Director of Military Prosecutions. (3) Appointing, in consultation with the President and the Secretary of Defense, the Executive Director of the Sexual Assault Oversight and Response Office. (4) Reviewing each request of the Director of Military Prosecutions with respect to a case stemming from a sexual-related offense that has been referred to an appellate court within the military or that has been referred to the Department of Justice. (5) Submitting to the Secretary of Defense, Congress, and the Attorney General a report on each request by the Director of Military Prosecutions for a referral to a higher court. (6) Advising the Sexual Assault Oversight and Response Office on— (A) the development of sexual assault reporting protocols; (B) the development of sexual assault risk-reduction and response training; (C) the development of sexual assault policy; and (D) the effectiveness of the Director of Military Prosecution. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 189. Sexual Assault Oversight and Response Council. . 4. Department of Defense Sexual Assault Oversight and Response Office (a) In general Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: 145. Sexual Assault Oversight and Response Office (a) Establishment There is in the Department a Sexual Assault Oversight and Response Office (in this section referred to as the Office ). The head of the Office is the Executive Director of the Sexual Assault Oversight and Response Office, who shall be appointed by the Secretary of Defense, in consultation with the President. (b) Responsibilities The Office shall be responsible for the following: (1) Coordination with appropriate military criminal investigative organizations to carry out investigations of accusations of sexual assault. (2) Coordination and oversight of the provision of the three fundamental rights of victims of sexual assault, safety, security, and a place to communicate and to be validated. (3) Determining whether alleged victims or alleged perpetrators of sexual assault should be temporarily reassigned to be separated from the alleged assailant. (4) Establishing protocols to ensure that all reports of sexual assault are taken out of the chain of command and reported directly to the Office. (5) Providing instruction in referring alleged victims of sexual assault to the Office to the following personnel: (A) Sexual assault coordinators. (B) Sexual assault prevention and response victim advocates. (C) Health care personnel. (D) Chaplains. (E) Unit commanders. (F) Investigators and law enforcement personnel. (G) Judge advocates. (6) Maintaining the Military Sexual Registry under section 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ). (c) Coordination of training The Executive Director shall coordinate the training efforts of the Office with each of the military departments to ensure that all members of the Armed Forces receive— (1) the contact information for the Sexual Assault Oversight and Response Office for purposes of reporting violations of sexual-related offenses; and (2) clear, written guidelines regarding who on the Sexual Assault Oversight and Response Office to contact, including the direct telephone number for a victims’ advocate, and what steps to take in the event of a sexual assault. (d) Personnel For the purposes of carrying out the responsibilities of the Office, the Executive Director of the Sexual Assault Oversight and Response Office, in consultation with the Sexual Assault Response Council established under section 188 of this title, may select, appoint, and employ such officers and employees as may be necessary, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (e) Inspector General reviews The Inspector General shall conduct case reviews of a statistically significant number of cases involving allegations of sexual assault on a quarterly basis to determine if proper procedures were followed in accordance with the sexual assault protocols and guidelines within the Sexual Assault Oversight and Response Office. (f) Report to Congress The Executive Director shall submit to Congress an annual report on sexual assault in the Armed Forces. (g) Definition of military criminal investigative organization In this section, the term military criminal investigative organization means the Army Criminal Investigation Command, the Naval Criminal Investigative Service, and the Air Force Office of Special Investigations. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 145. Sexual Assault Oversight and Response Office. . (c) Transfer of function All functions and personnel of the Sexual Assault Prevention and Response Office of the Department of Defense, as of the date of the enactment of this Act, shall be transferred to the Sexual Assault Oversight and Response Office established by section 145 of title 10, United States Code, as added by subsection (a). 5. Director of Military Prosecutions (a) In general Chapter 47 of title 10, United States Code, is amended by inserting after section 940 the following new section: 940A. Art. 140A. Director of Military Prosecutions (a) Appointment There is a Director of Military Prosecutions who shall be appointed by the Sexual Assault Oversight and Response Council established under section 189 of this title. (b) Responsibilities (1) Notwithstanding any other provision of this chapter, the Director of Military Prosecutions shall have independent and final authority to oversee the prosecution of all sexual-related offenses committed by a member of the armed forces. (2) The Director of Military Prosecutions shall refer sexual-related offenses to be tried by courts-martial. The Director may consult with relevant commanding officers and refer less serious offenses, as determined by the Director, to a commanding officer for non-judicial punishment pursuant to section 815 of this title (article 15). (3) The Director of Military Prosecutions shall be the convening authority for all sexual-related offenses and shall determine the type of court-martial to which each such case will be referred. Members of a court-martial shall be selected by a court-martial administrator at the request of the Director. (c) Sexual-Related offense In this section, the term sexual-related offense means— (1) rape; (2) sexual assault; (3) aggravated sexual contact; (4) abusive sexual contact; (5) indecent assault; (6) nonconsensual sodomy; (7) any other sexual-related offense the Secretary of Defense determines should be covered by this section; and (8) an attempt to commit an offense described in a preceding paragraph. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 940 the following new item: 940A. Art. 140A. Director of Military Prosecutions. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1593ih/xml/BILLS-113hr1593ih.xml

113-hr-1594

I 113th CONGRESS 1st Session H. R. 1594 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Cassidy (for himself, Mr. Bridenstine , Mr. LaMalfa , Mrs. Noem , Mr. Posey , Mr. Fleming , and Mr. Olson ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the use of Federal funds for the costs of official portraits of members of Congress, heads of executive agencies, or heads of offices of the legislative branch. 1. Short title This Act may be cited as the Eliminating Government-funded Oil-painting Act or EGO Act . 2. Prohibition on use of funds for official portraits (a) Prohibition No funds appropriated or otherwise made available to the Federal Government may be used to pay for an official portrait of a member of Congress, the head of an executive agency, or the head of an office of the legislative branch. (b) Definitions In this section— (1) the term executive agency has the meaning provided that term in section 133 of title 41, United States Code; and (2) the term Member of Congress includes a Delegate or Resident Commissioner to the Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr1594ih/xml/BILLS-113hr1594ih.xml

113-hr-1595

I 113th CONGRESS 1st Session H. R. 1595 IN THE HOUSE OF REPRESENTATIVES April 17, 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 , Mr. Lynch , Mr. Cartwright , Mr. Ben Ray Luján of New Mexico , Mr. Vargas , Ms. Bordallo , Ms. Eshoo , Ms. Castor of Florida , Ms. Titus , Mrs. Davis of California , Mr. Ellison , Mr. Enyart , Mr. Foster , Mr. Gene Green of Texas , Mr. Kildee , Mr. Kind , Mr. Matheson , Mr. McIntyre , Mr. O’Rourke , Mr. Rush , Mr. Sablan , Mr. Smith of Washington , Mr. Capuano , and Ms. Wilson of Florida ) 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. Short title This Act may be cited as the Student Loan Relief Act of 2013 . 2. 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-113hr1595ih/xml/BILLS-113hr1595ih.xml

113-hr-1596

I 113th CONGRESS 1st Session H. R. 1596 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. DeFazio introduced the following bill; which was referred to the Committee on the Judiciary A BILL To increase the employment of Americans by requiring State workforce agencies to certify that employers are actively recruiting Americans and that Americans are not qualified or available to fill the positions that the employer wants to fill with H–2B nonimmigrants. 1. Short title This Act may be cited as the American Jobs in American Forests Act of 2013 . 2. Definitions In this Act: (1) H–2B nonimmigrant The term H–2B nonimmigrant means a nonimmigrant described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ). (2) Prospective H–2B employer The term prospective H–2B employer means a United States business that is considering employing 1 or more nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ). (3) State workforce agency Except as used in section 3, the term State workforce agency means the workforce agency of the State in which the prospective H–2B employer intends to employ H–2B nonimmigrants. 3. Department of Labor (a) Recruitment As a component of the labor certification process required before H–2B nonimmigrants are offered employment in the United States, the Secretary of Labor shall require all prospective H–2B employers, before they submit a petition to hire H–2B nonimmigrants, to conduct a robust effort to recruit United States workers, including— (1) advertising at employment or job-placement events, such as job fairs; (2) advertising with State or local workforce agencies, nonprofit organizations, or other appropriate entities, and working with such entities to identify potential employees; (3) advertising in appropriate media, including local radio stations and commonly used, reputable Internet job-search sites; and (4) such other recruitment strategies as the State workforce agency considers appropriate for the sector or positions for which H–2B nonimmigrants would be considered. (b) Separate petitions A prospective H–2B employer shall submit a separate petition for each State in which the employer plans to employ H–2B nonimmigrants for a period of 7 days or longer. 4. State workforce agencies The Secretary of Labor may not grant a temporary labor certification to a prospective H–2B employer until after the Director of the State workforce agency— (1) has formally consulted with the workforce agency director of each contiguous State listed on the prospective H–2B employer’s application and determined that— (A) the employer has complied with all recruitment requirements set forth in section 3 and there is a legitimate demand for the employment of H–2B nonimmigrants in each of those States; or (B) the employer has amended the application by removing or making appropriate modifications with respect to the States in which the criteria set forth in subparagraph (A) have not been met; (2) certifies that the prospective H–2B employer has complied with all recruitment requirements set forth in section 3 or any other applicable provision of law; and (3) makes a formal determination that nationals of the United States are not qualified or available to fill the employment opportunities offered by the prospective H–2B employer.

https://www.govinfo.gov/content/pkg/BILLS-113hr1596ih/xml/BILLS-113hr1596ih.xml

113-hr-1597

I 113th CONGRESS 1st Session H. R. 1597 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Deutch 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 a credit to individuals for legal expenses paid with respect to establishing guardianship of a disabled individual. 1. Short title This Act may be cited as the Special Needs Tax Credit Act . 2. Credit for legal expenses paid with respect to establishing guardianship of a disabled individual (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: 36C. Credit for legal expenses paid with respect to establishing guardianship of a disabled individual (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the qualified legal guardianship expenses paid or incurred by the taxpayer during the taxable year. (b) Dollar limitation The credit allowed under subsection (a) to any taxpayer with respect to any disabled individual for any taxable year shall not exceed the excess of— (1) $5,000, over (2) the aggregate amount allowed as credit under subsection (a) to such taxpayer with respect to such disabled individual for all prior taxable years. (c) Phaseout based on adjusted gross income The dollar limitation applicable under subsection (b) shall be reduced by the amount which bears the same ratio to such dollar limitation (determined without regard to this subsection) as— (1) the excess of— (A) the taxpayer’s adjusted gross income, over (B) $75,000 (twice such amount in the case of a joint return), bears to (2) $15,000 (twice such amount in the case of a joint return). (d) Qualified legal guardianship expenses For purposes of this section, the term qualified legal guardianship expenses means amounts paid or incurred by an individual as legal expenses in establishing such individual as the legal guardian of a disabled individual. (e) Disabled individual For purposes of this section, the term disabled individual means any individual who is disabled (within the meaning of section 1614(a)(3) of the Social Security Act). . (b) Conforming amendments (1) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B, . (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Credit for legal expenses paid with respect to establishing guardianship of a disabled individual. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1597ih/xml/BILLS-113hr1597ih.xml

113-hr-1598

I 113th CONGRESS 1st Session H. R. 1598 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Griffin of Arkansas (for himself, Mr. Griffith of Virginia , Mr. McGovern , Ms. Shea-Porter , Mr. Nunnelee , Ms. Hanabusa , Mr. Blumenauer , Ms. Bordallo , Ms. Slaughter , Mr. Keating , Mr. Himes , Mr. Rush , Mrs. Hartzler , Mr. Jones , Ms. Norton , Mr. Brady of Pennsylvania , Mr. Westmoreland , Mr. Rahall , Mr. Grijalva , Mrs. Miller of Michigan , Mr. Hastings of Florida , Mr. Van Hollen , Mr. Bucshon , Mr. Heck of Washington , Mr. Bridenstine , Mr. Latta , Mr. Long , Mr. Takano , Mr. Olson , Mr. Wittman , Mr. Stewart , Mr. Fitzpatrick , Mr. Polis , Mrs. Roby , Mr. Bentivolio , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to issue, upon request, veteran identification cards to certain veterans. 1. Short title This Act may be cited as the Veteran’s I.D. Card Act . 2. Veterans identification card (a) Findings Congress finds the following: (1) Currently, veteran identification cards are issued to veterans who have either completed the statutory time-in-service requirement for retirement from the Armed Forces or who have received a medical-related discharge from the Armed Forces. (2) A veteran who has served a minimum obligated time in service, but who does not meet the criteria described in paragraph (1), does not receive a means of identifying the veteran’s status as a veteran other than using the official DD–214 discharge papers of the veteran. (3) Goods, services, and promotional activities are often offered by public and private institutions to veterans who demonstrate proof of service in the military but it is impractical for a veteran to always carry official DD–214 discharge papers to demonstrate such proof. (4) A general purpose veteran identification card made available to a veteran who does not meet the criteria described in paragraph (1) would be useful to such veteran in order to demonstrate the status of the veteran without having to carry and use official DD–214 discharge papers. (5) The Department of Veterans Affairs has the infrastructure in place across the United States to produce photographic identification cards and accept a small payment to cover the cost of these cards. (b) Provision of veteran identification cards Chapter 57 of title 38, United States Code, is amended by adding after section 5705 the following new section: 5706. Veterans identification card (a) In general The Secretary of Veterans Affairs shall issue an identification card described in subsection (b) to any covered veteran who— (1) requests such card; (2) was discharged from the Armed Forces under honorable conditions; (3) presents a copy of the DD–214 form or other official document from the official military personnel file of the veteran that describes the service of the veteran; and (4) pays the fee under subsection (c)(1). (b) Identification card An identification card described in this subsection is a card that— (1) displays a photograph of the covered veteran; (2) displays the name of the covered veteran; (3) explains that such card is not proof of any benefits to which the veteran is entitled to; (4) contains an identification number that is not a social security number; and (5) serves as proof that such veteran— (A) honorably served in the Armed Forces; and (B) has a DD–214 form or other official document in the official military personnel file of the veteran that describes the service of the veteran. (c) Costs of card (1) The Secretary shall charge a fee to each veteran who receives an identification card issued under this section, including a replacement identification card. (2) (A) The fee charged under paragraph (1) shall equal an amount that the Secretary determines is necessary to issue an identification card under this section. (B) In determining the amount of the fee under subparagraph (A), the Secretary shall ensure that the total amount of fees collected under paragraph (1) equals an amount necessary to carry out this section, including costs related to any additional equipment or personnel required to carry out this section. (C) The Secretary shall review and reassess the determination under subparagraph (A) during each five-year period in which the Secretary issues an identification card under this section. (3) Amounts collected under this subsection shall be deposited in an account of the Department available to carry out this section. Amounts so deposited shall be merged with amounts in such account and shall be subject to the same conditions and limitations as amounts otherwise in such account. (d) Effect of card on benefits (1) An identification card issued under this section shall not serve as proof of any benefits that the veteran may be entitled to under this title. (2) A covered veteran who is issued an identification card under this section shall not be entitled to any benefits under this title by reason of possessing such card. (e) Administrative measures (1) The Secretary shall ensure that any information collected or used with respect to an identification card issued under this section is appropriately secured. (2) The Secretary may determine any appropriate procedures with respect to issuing a replacement identification card. (3) In carrying out this section, the Secretary shall coordinate with the National Personnel Records Center. (4) The Secretary may conduct such outreach to advertise the identification card under this section as the Secretary considers appropriate. (f) Construction This section shall not be construed to affect identification cards otherwise provided by the Secretary to veterans enrolled in the health care system established under section 1705(a) of this title. (g) Covered veteran defined In this section, the term covered veteran means a veteran who— (1) is not entitled to retired pay under chapter 1223 of title 10; and (2) is not enrolled in the system of patient enrollment under section 1705 of this title. . (c) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5705 the following new item: 5706. Veterans identification card. . (d) Effective date The amendments made by this Act shall take effect on the date that is 60 days after the date of the enactment of this Act.

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113-hr-1599

I 113th CONGRESS 1st Session H. R. 1599 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Grijalva (for himself, Mr. Gary G. Miller of California , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 520E of the Public Health Service Act to require States and their designees receiving grants for development or implementation of statewide suicide early intervention and prevention strategies to consult with each Federally recognized Indian tribe, tribal organization, and urban Indian organization in the State. 1. Short title This Act may be cited as the Native American Suicide Prevention Act of 2013 . 2. Consultation with Federally recognized Indian tribes, tribal organizations, and urban Indian organizations in development and implementation of statewide suicide early intervention and prevention strategies Subsection (e) of section 520E of the Public Health Service Act ( 42 U.S.C. 290bb–36 ) is amended by adding at the end the following: (4) Consultation with Federally recognized Indian tribes, tribal organizations, and urban Indian organizations As a condition on the receipt of a grant or cooperative agreement under this section for development or implementation of a statewide early intervention and prevention strategy, a State or an eligible entity designated by a State pursuant to subsection (b)(1)(B) shall agree to consult with each Federally recognized Indian tribe and tribal organization (as defined in the Indian Self-Determination and Education Assistance Act) and each urban Indian organization (as defined in the Indian Health Care Improvement Act) regarding such development or implementation. .

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113-hr-1600

I 113th CONGRESS 1st Session H. R. 1600 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Indian tribes regarding Federal Government activities that impact tribal lands and interests to ensure that meaningful tribal input is an integral part of the Federal decisionmaking process. 1. Short title; table of contents; findings; declaration of goals; definitions (a) Short title This Act may be cited as the Requirements, Expectations, and Standard Procedures for Executive Consultation with Tribes Act or the RESPECT Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; findings; declaration of goals; definitions. Title I—SENSE OF CONGRESS Sec. 101. Sense of Congress. Title II—CONSULTATION PROCEDURE Sec. 201. Requirement for consultation. Sec. 202. Timing. Sec. 203. Scoping stage consultation. Sec. 204. Decision stage procedures. Sec. 205. Documentation and reporting. Sec. 206. Implementation. Sec. 207. Sensitive tribal information. Title III—TRIBAL SOVEREIGNTY Sec. 301. Tribal sovereignty. Title IV—INDIAN TRIBAL WAIVERS Sec. 401. Indian tribal waivers. Title V—JUDICIAL REVIEW Sec. 501. Judicial review. (c) Findings Congress finds that— (1) the United States has a unique, legally affirmed government-to-government relationship with Indian tribal governments as set forth in the Constitution of the United States, treaties, statutes, Executive orders, and court decisions; (2) the United States recognizes the right of Indian tribes to self-government and supports tribal sovereignty and self-determination; (3) the United States has enacted numerous statutes and promulgated numerous regulations that establish and define a trust relationship with Indian tribes; (4) the United States has a responsibility to consult with Indian tribes on a government-to-government basis when formulating policies and undertaking activities that will have impacts on tribal lands and interests; (5) procedures for such consultation should be designed and structured to give Indian tribes opportunities to provide meaningful, informed input throughout the development and decisionmaking processes; (6) building institutional knowledge and capacity for effective consultation fosters greater efficiency and benefits for future projects; (7) the consultation process should be institutionalized according to best practices that are designed and administered by the agency and that fulfill the legal requirements mandated by this Act; (8) consulting with Indian tribes during the formulation of long-term management plans reduces the likelihood of project delays and increases the efficiency of project implementations; and (9) effective consultation demands ongoing, respectful communication between agencies and Indian tribes. (d) Declaration of goals The goals of this Act are— (1) to establish and support a process of regular, meaningful consultation and collaboration with Indian tribes in the development of Federal policies and the initiation of Federal activities that impact tribal lands and interests; (2) to strengthen the United States government-to-government relationships with Indian tribes; (3) to establish minimum standard procedures to ensure the above goals are achieved; and (4) to recognize tribal regulatory authority and jurisdiction generally, and specifically through the waiver process. (e) Definitions For the purposes of this Act: (1) Indian tribe The term Indian tribe means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ), including all tribes that have been added to the list since the Act became law. (2) Agency The term agency means any authority of the United States that is an agency under section 3502(1) of title 44, United States Code. (3) Activity The term activity means a project, program, policy or other action including, infrastructure projects, regulations, program comments by Federal entities, and agency-drafted proposed legislation, that is funded in whole or in part under the direct or indirect jurisdiction of an agency, including those carried out by or on behalf of an agency; those carried out with Federal financial assistance; or those requiring a Federal permit, license, or approval. (4) Sacred Site The term sacred site means any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe— (A) as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; or (B) to be of established cultural significance. (5) Memorandum of Agreement The term memorandum of agreement means a document that records the terms and conditions agreed upon by an agency and an Indian tribe through the consultation process regarding an activity, including any measures to be taken to resolve or mitigate adverse impacts on the Indian tribe. (6) New Discovery The term new discovery means any unexpected development that occurs during the course of an activity, such as the discovery of a new archeological site, unanticipated impacts on organisms or ecosystems, or the realization of unintended consequences of a new regulation, that may have impacts on tribal lands and interests. (7) Standard Process The term standard process means a streamlined process for agency-Indian tribe interaction agreed to by both parties through consultation and certified in a memorandum of agreement that applies to certain specified activities or limited categories of activities. I SENSE OF CONGRESS 101. Sense of Congress It is the sense of Congress that consultation constitutes more than simply notifying an Indian tribe about a planned undertaking. Consultation entails a process of open, ongoing communication, interaction and coordination that may include written correspondence, meetings, telephone conferences, site visits, e-mails, on-line information sharing, consensual mechanisms for developing regulations including negotiated rulemaking, and more. Consultation means the process of seeking, discussing, and considering the views of other participants, and, where feasible, seeking agreement with them regarding proposed activities and other matters. Mutual understanding and respect is the basis of effective, meaningful consultation. Effective, meaningful consultation requires a two-way exchange of information, a willingness to listen, an attempt to understand and genuinely consider each other’s opinions, beliefs, and desired outcomes, and a seeking of agreement on how to proceed concerning the issues at hand. Effective, meaningful consultation does not guarantee such agreement, but at a minimum contributes to the building of relationships based on mutual respect and understanding. Consultation can be considered effective and meaningful when each party demonstrates a genuine commitment to learn, acknowledge and respect the positions, perspectives, and concerns of the other parties. Ultimately, effective, meaningful consultation means collaboration. II CONSULTATION PROCEDURE 201. Requirement for consultation (a) Scope Agencies shall have an accountable process to ensure meaningful and timely input by Indian tribes and tribal officials prior to undertaking any activity that may have substantial direct impacts on the lands or interests of one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Consultation with Indian tribes shall occur for all activities that would affect any part of any Federal land that shares a border with Indian country as defined in section 1151 of title 18, United States Code, but is not limited to activities on such lands. (b) Multi-Agency activities In the case of agency-drafted proposed legislation, the drafting agency, and any other agency that will be implementing the legislation, shall each be considered involved in the activity. If more than one agency is involved in an activity, some or all of the agencies may designate a lead agency, which shall fulfill their collective consultation responsibilities. Those agencies that do not designate a lead agency shall remain individually responsible for their consultation responsibilities under this Act. (c) Limitation Nothing in this Act shall exempt an agency from additional consultation required under any other law or from taking any other consultative actions as required by any other law or agency prerogative in addition to those required by this Act. Nor does it preclude an agency from additional consultation that complies with agency regulations for consultation, advances agency consultation practices, or supports agency efforts to build or strengthen government-to-government relationships with Indian tribes. The requirements of this Act supplement, but do not replace, other consultation requirements such as the Federal Energy Regulatory Commission regulations for license applicants. 202. Timing Consultation as described in sections 203 and 204 shall be completed prior to the expenditure of any Federal funds on the activity or prior to the issuance of any license other than for funding nondestructive project planning activities provided that such actions do not restrict the subsequent consideration of alternatives to avoid, minimize, or mitigate the activity’s adverse tribal impacts. 203. Scoping stage consultation (a) Planning document As early as possible in the planning stage of an activity, the agency shall compile a draft of the scope of the project, including any geographic areas important to Indian tribes that might be affected and any other anticipated tribal impacts. The agency shall make a good faith effort to include areas that might reasonably be expected to contain sites important to Indian tribes whether or not such sites are explicitly known to the agency. (b) Tribal consultation partners The agency shall consult with all Indian tribes that may be impacted by an activity. When appropriate, the agency shall consult with regional and national tribal organizations such as the National Congress of American Indians, the National Tribal Environmental Council, the Native American Fish and Wildlife Society, the United South and Eastern Tribes, the National Association of Tribal Historic Preservation Officers, the Michigan Anishinaabek Cultural Preservation and Repatriation Alliance, and the Affiliated Tribes of Northwest Indians, to determine which Indian tribes may be affected by the activity. Under no circumstance shall the agency treat consultation with intertribal organizations as a substitute for consultation with each affected Indian tribe, unless the Indian tribes comprising such an organization agree that consultation should proceed through the intertribal organization. The agency shall remain responsible for its consultation responsibilities under this Act to any affected Indian tribes not participating in such an agreement. Other resources for identifying Indian tribes that need to be consulted include officials, such as cultural resource specialists, from other agencies who have consulted with Indian tribes in the region in the past, ethnographies, local histories, local university experts, oral accounts, the National Park Service’s Native American Consultation Database, MAPS: GIS Windows on Native Lands, Current Places, and History, and the Library of Congress Indian Land Cessions document Web site. (c) Initial contact with consultation partners The agency— (1) shall send, via United States mail and e-mail, if possible, a copy of the planning document and a letter requesting consultation meetings to the relevant tribal government officials including the tribal leader and all members of any elected tribal governing body, such as a tribal council, relevant tribal governmental agencies, including the Tribal Historic Preservation Officer or cultural resource manager, and relevant non-tribal stakeholders, such as the State Historic Preservation Officer and local governments that have jurisdiction on any affected land via agreement with the agency; (2) at the request of the Indian tribe, shall send, via United States mail and e-mail, if possible, a copy of the planning document and a letter requesting consultation meetings to nongovernmental tribal stakeholders, such as elders councils and religious leaders; (3) shall not request consultation with nongovernmental tribal stakeholders without the written consent of the Indian tribe; and (4) shall follow-up with phone calls to confirm receipt of the documents by all recipients. (d) Consultation meeting arrangements The agency shall negotiate with stakeholder representatives to determine the time, place, agenda, travel funds, facilitator, format, and goals of a consultation meeting. The agency shall make a good faith effort to engage in consultation, keeping thorough documentation of all steps taken to contact and engage the Indian tribe in consultation. If, after a good faith effort, the agency fails to engage the Indian tribal government, it may terminate its scoping stage consultation efforts by providing all consultation partners with a written notification and explanation for its decision, signed by the head of the agency, and proceed to the decision stage procedures described in section 204. (e) Consultation meeting format A consultation meeting shall begin with confirmation of the format, facilitator, and agenda, with adequate time scheduled for introductions and for interaction throughout the meeting among participants. Whenever possible, tribal stakeholders shall be brought into the ongoing planning process directly by forming ad hoc workgroups including tribal leaders or their designees and, if appropriate, initiating a process for consensual development of regulations, such as negotiated rulemaking. The meeting shall conclude with planning for the next meeting, if necessary. (f) Termination of scoping stage consultation with a memorandum of agreement (1) Termination Scoping stage consultation shall terminate upon the execution of a memorandum of agreement signed by the head of the agency and the Indian tribal government. (2) Signatories The Indian tribal government and the agency may jointly invite additional parties to be signatories of the memorandum of agreement. The signatories have sole authority to execute, amend, or terminate the memorandum of agreement. If any signatory determines that the terms of the memorandum of agreement cannot be or are not being carried out, the signatories shall consult to seek amendment of the memorandum of agreement. If the memorandum of agreement is not amended, any signatory may terminate the agreement, with the option to return to scoping stage consultation. The agency shall provide all non-signatory consulting partners with the opportunity to submit a written statement, explanation, or comment on the consultation proceedings that shall become part of the agency’s official consultation record. (3) MOA The memorandum of agreement— (A) may address multiple activities if the activities are similar and repetitive or are multi-State or regional in scope, or where routine management activities are undertaken at Federal installations, facilities, or other land management units; (B) may establish standard processes for certain categories of activities determined through consultation and defined in the memorandum of agreement; (C) shall include a provision for monitoring and reporting on its implementation; (D) shall include provisions for termination or reconsideration if the activity has not been completed within a specified time; and (E) shall include provisions to address new discoveries, which may include halting the activity and returning to scoping stage consultation. (g) Termination of scoping stage consultation without a memorandum of agreement The agency shall make a good faith effort through sustained interaction and collaboration to reach a consensus resulting in a memorandum of agreement. If, after a good faith effort, the agency determines that further consultation will not be productive, it may terminate consultation by providing all consultation partners with a written notification and explanation for its decision, signed by the head of the agency, and proceed to the decision stage procedures described in section 204. The Indian tribal government may at any point decide to terminate consultation. In such case, the agency shall provide the Indian tribal government with the opportunity to submit a written statement, explanation, or comment on the consultation proceedings that will become part of the agency’s official consultation record. Any nongovernmental consultation partners may decide to withdraw from consultation at any time. In such case, the agency shall provide the withdrawing nongovernmental consultation partner with the opportunity to submit a written statement, explanation, or comment on the consultation proceedings that will become part of the agency’s official consultation record. 204. Decision stage procedures (a) Proposal document The agency shall compile a document consisting of the plan for the activity, its anticipated tribal impacts, any memorandum of agreement, and any written statements made by consulting partners during the scoping stage as described in section 203. The agency shall include sufficient supporting documentation to the extent permitted by law and within available funds to enable any reviewing parties to understand its basis. The agency may use documentation prepared to comply with other laws to fulfill the requirements of this provision to the extent that such documentation is sufficiently pertinent to and focused on the relevant issues as to allow reasonable ease of review. The agency shall mail and e-mail, if possible, a copy of the Proposal Document to all consultation partners, including any who withdrew from the process. At a minimum, the document shall go to the tribal leader and all members of any elected tribal governing body. The agency shall follow up with phone calls to confirm receipt of the document. After these steps have been completed, the Proposal Document shall be published in the Federal Register, subject to the provisions of section 207. (b) Public comment period The agency shall provide a period of not less than 90 days after publication in the Federal Register for comments on the Proposal Document. A 30-day extension shall be granted upon request by any member of the Indian tribe. (c) Preliminary decision After expiration of the comment period, the agency shall prepare a preliminary decision letter, signed by the head of the agency. The letter shall state the decision to proceed or not proceed with the activity, the decision’s rationale, any changes in the proposal made in response to comments, and any points where the decision conflicts with the expressed requests of any of the consultation partners. It shall particularly address why the decision was made to disregard any such requests. The agency shall mail and e-mail, if possible, a copy of the letter to all consultation partners, including any who withdrew from the process. At a minimum, the letter shall go to the tribal leader and all members of the tribal governing body. The agency shall follow up with phone calls to confirm receipt of the letter. (d) Final decision The agency shall provide a 60-day period following the issuance of the preliminary decision letter for response by the consultation partners. Thereafter, the agency shall notify in writing, signed by the head of the agency, the consultation partners, including any who withdrew from the process, of the agency’s final decision. 205. Documentation and reporting (a) Official consultation record The agency shall keep an official consultation record that allows accurate tracking of the process so that agencies and consulting parties can correct any errors or omissions, and provides an official record of the process that can be referred to in any litigation that may arise. The agency shall document all efforts to initiate consultation as well as documenting the process once it has begun. Such documentation, including, but not limited to, correspondence, telephone logs, and e-mails, shall be included in the agency’s official consultation record. The agency shall also keep notes so that the consultation record documents the content of consultation meetings, site visits, and phone calls in addition to information about dates and who participated. (b) Payment for tribal documentation work If the agency asks an Indian tribe for specific information or documentation regarding the location, nature, and condition of individual sites, to conduct a survey, or in any way fulfill the duties of the agency in a role similar to that of a consultant or contractor, then the agency must pay for such services, if so requested by the Indian tribe, as it would for any private consultant or contractor. (c) Report to congress Each agency shall on a biennial basis submit to Congress a report on its consultation activities. 206. Implementation Not later than 30 days after the date of the enactment of this Act, the head of each agency shall designate an official with principal responsibility for the agency’s review of existing consultation and coordination policies and procedures, and implementation of this Act. Not later than 60 days after the effective date of this order, the designated official shall submit to the Office of Management and Budget a description of the agency’s revised consultation process in conformity with this Act. 207. Sensitive tribal information Notwithstanding any provision of the Administrative Procedures Act, consultation meetings shall be closed to the public at the request of the Indian tribal government. Notwithstanding any provision of the Freedom of Information Act, all information designated by the Indian tribe as sensitive, such as the location of Sacred Sites or other details of cultural or religious practices, shall be deleted from any public publication made as part of the consultation process or in the process of carrying out the activity. Once information has been designated as sensitive, the agency will determine in consultation with the Indian tribe who may have access to the information for the purposes of carrying out the activity. III TRIBAL SOVEREIGNTY 301. Tribal sovereignty (a) In general Agencies shall recognize and respect Indian tribal self-government and sovereignty, honor tribal treaty and other rights, and strive to meet the responsibilities that arise from the unique legal relationship between the Federal Government and Indian tribal governments. (b) Maximum tribal administrative discretion With respect to Federal statutes and regulations administered by Indian tribal governments, the Federal Government shall grant Indian tribal governments the maximum administrative discretion possible. (c) Alternatives to federal regulation When undertaking to formulate and implement policies that have tribal implications, agencies shall— (1) encourage Indian tribes to develop their own policies to achieve program objectives; (2) where possible, defer to Indian tribes to establish standards; and (3) in determining whether to establish Federal standards, consult with tribal officials as to the need for Federal standards and any alternatives that would limit the scope of Federal standards or otherwise preserve the prerogatives and authority of Indian tribes. IV INDIAN TRIBAL WAIVERS 401. Indian tribal waivers (a) Application processes Agencies shall review the processes under which Indian tribes apply for waivers of statutory and regulatory requirements and take appropriate steps to streamline those processes. (b) Granting maximum tribal latitude Each agency shall, to the extent practicable and permitted by law, consider any application by an Indian tribe for a waiver of statutory or regulatory requirements in connection with any program administered by the agency with a general view toward increasing opportunities for utilizing flexible policy approaches at the Indian tribal level. Maximum tribal latitude shall be granted in cases in which the proposed waiver is consistent with the applicable Federal policy objectives and is otherwise appropriate. (c) Decision time line Each agency shall, to the extent practicable and permitted by law, render a decision upon a complete application for a waiver within 120 days of receipt of such application by the agency, or as otherwise provided by law or regulation. If the application for waiver is not granted, the agency shall provide the applicant with timely written notice of the decision and the reasons therefor. (d) Limitation This section applies only to statutory or regulatory requirements that are discretionary and subject to waiver by the agency. V JUDICIAL REVIEW 501. Judicial review An Indian tribe alleging that the requirements of this Act have not been met may bring a civil action in a United States district court. Immediately upon, or anytime after, the filing of such a suit, the court may restrain the agency from any further action in furtherance of the activity until such time as the court determines that the requirements of this Act have been met. The agency shall be liable for any damages that the court may award to compensate the Indian tribe for adverse impacts resulting from an activity conducted without consultation fulfilling the provisions of this Act.

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113-hr-1601

I 113th CONGRESS 1st Session H. R. 1601 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Grijalva (for himself, Ms. Chu , Mr. Conyers , Ms. Norton , Ms. Lee of California , Ms. Schakowsky , and Mr. Serrano ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVI of the Social Security Act to update eligibility for the supplemental security income program, and for other purposes. 1. Short title This Act may be cited as the Supplemental Security Income Restoration Act of 2013 . 2. Update in eligibility for the supplemental security income program (a) Update in general income exclusion Section 1612(b)(2)(A) of the Social Security Act ( 42 U.S.C. 1382a(b)(2)(A) ) is amended by striking $240 and inserting $1,320 (increased as described in section 1617(d) for each calendar year after 2015) . (b) Update in earned income exclusion Section 1612(b)(4) of such Act ( 42 U.S.C. 1382a(b)(4) ) is amended by striking $780 each place it appears and inserting $4,284 (increased as described in section 1617(d) for each calendar year after 2015) . (c) Update in resource limit for individuals and couples Section 1611(a)(3) of such Act ( 42 U.S.C. 1382(a)(3) ) is amended— (1) in subparagraph (A), by striking $2,250 and all that follows through the end of the subparagraph and inserting $15,000 in calendar year 2015, and shall be increased as described in section 1617(d) for each subsequent calendar year. ; and (2) in subparagraph (B), by striking $1,500 and all that follows through the end of the subparagraph and inserting $10,000 in calendar year 2015, and shall be increased as described in section 1617(d) for each subsequent calendar year. . (d) Inflation adjustment Section 1617 of such Act ( 42 U.S.C. 1382f ) is amended— (1) in the section heading, by inserting ; inflation adjustment after benefits ; and (2) by adding at the end the following: (d) In the case of any calendar year after 2015, each of the amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4) shall be increased by multiplying each such amount by the quotient (not less than 1) obtained by dividing— (1) the average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W, as published by the Bureau of Labor Statistics of the Department of Labor) for the 12-month period ending with September of the preceding calendar year, by (2) such average for the 12-month period ending with September 2014. . 3. Support and maintenance furnished in kind not included as income (a) In general Section 1612(a)(2) of such Act ( 42 U.S.C. 1382a(a)(2) ) is amended— (1) by inserting (other than support or maintenance furnished in kind) after all other income ; and (2) in subparagraph (A)— (A) by striking or kind ; (B) by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (C) in clause (ii) (as so redesignated), by striking and the provisions of clause (i) shall not be applicable . (b) Conforming amendments (1) Section 1611(c) of such Act (42 U.S.C. 1382(c)) is amended by striking paragraph (6) and redesignating paragraphs (7) through (10) as paragraphs (6) through (9), respectively. (2) Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is amended— (A) in subparagraph (F), by inserting and at the end; (B) in subparagraph (G), by striking ; and and inserting a period; (C) by moving subparagraph (G) 2 ems to the right; and (D) by striking subparagraph (H). (3) Section 1621(c) of such Act (42 U.S.C. 1382j(c)) is amended to read as follows: (c) In determining the amount of income of an alien during the period of 5 years after such alien's entry into the United States, support or maintenance furnished in cash to the alien by such alien's sponsor (to the extent that it reflects income or resources which were taken into account in determining the amount of income and resources to be deemed to the alien under subsection (a) or (b) of this section) shall not be considered to be income of such alien under section 1612(a)(2)(A). . 4. Repeal of penalty for disposal of resources for less than fair market value Section 1613(c) of such Act (42 U.S.C. 1382b(c)) is amended to read as follows: (c) Notification of Medicaid Policy Restricting Eligibility of Institutionalized Individuals for Benefits Based on Disposal of Resources for Less Than Fair Market Value (1) At the time an individual (and the individual's eligible spouse, if any) applies for benefits under this title, and at the time the eligibility of an individual (and such spouse, if any) for such benefits is redetermined, the Commissioner of Social Security shall— (A) inform such individual of the provisions of section 1917(c) providing for a period of ineligibility for benefits under title XIX for individuals who make certain dispositions of resources for less than fair market value, and inform such individual that information obtained pursuant to subparagraph (B) will be made available to the State agency administering a State plan under title XIX (as provided in paragraph (2)); and (B) obtain from such individual information which may be used by the State agency in determining whether or not a period of ineligibility for such benefits would be required by reason of section 1917(c). (2) The Commissioner of Social Security shall make the information obtained under paragraph (1)(B) available, on request, to any State agency administering a State plan approved under title XIX. . 5. Effective date The amendments made by this Act shall take effect on January 1, 2015.

https://www.govinfo.gov/content/pkg/BILLS-113hr1601ih/xml/BILLS-113hr1601ih.xml

113-hr-1602

I 113th CONGRESS 1st Session H. R. 1602 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Grijalva 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 Indian tribes to transfer the credit for electricity produced from renewable resources. 1. Short title This Act may be cited as the Fair Allocation of Internal Revenue Credit for Renewable Electricity Distribution by Indian Tribes Act of 2013 or as the FAIR CREDIT Act of 2013 . 2. Transfer by Indian tribes of credit for electricity produced from renewable resources (a) In general Paragraph (3) of section 45(e) of the Internal Revenue Code of 1986 (relating to production attributable to the taxpayer) is amended to read as follows: (3) Production attributable to the taxpayer (A) In general In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility. (B) Special rule for Indian tribes (i) In general In the case of a facility described in subparagraph (A) in which an Indian tribe has an ownership interest in the gross sales from such facility, such Indian tribe may assign to any other person who has such an ownership interest in such facility any portion of the production from the facility that would (but for this subparagraph) be allocated to such Indian tribe. Any such assignment may be revoked only with the consent of the Secretary and shall be made at such time and in such manner as the Secretary may provide. (ii) Indian tribe For purposes of clause (i), the term Indian tribe means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. . (b) Effective date The amendment made by this section shall apply to electricity produced and sold after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1602ih/xml/BILLS-113hr1602ih.xml

113-hr-1603

I 113th CONGRESS 1st Session H. R. 1603 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Grimm (for himself, Mr. King of New York , and Mr. Meeks ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To support and promote community financial institutions in the mutual form, and for other purposes. 1. Short title This Act may be cited as the Mutual Community Bank Competitive Equality Act . 2. Findings Congress finds the following: (1) Mutual financial institutions have been an integral part of the American banking landscape for almost 200 years. (2) Such institutions operate for the purpose of serving the local depositors and borrowers and the communities in which they operate. (3) Mutual banks play a critical role in encouraging thrift, providing home loans and loans for small businesses. (4) Mutual banks are among the strongest financial institutions in the country and are characterized by high capital ratios and conservative, community-focused management. (5) Congress deems it necessary to provide for the support and continued development of these vital community financial institutions. 3. Mutual national banks authorized Chapter one of title XII of the Revised Statutes of the United States (12 U.S.C. 21 et seq.) is amended by inserting after section 5133 the following new section: 5133A. Mutual national banks (a) In general Notwithstanding the section designated the Third of section 5134, in order to provide mutual institutions for the deposit of funds, the extension of credit, and provision of other services, the Comptroller of the Currency may charter mutual national banks either de novo or through a conversion of any insured depository institution or any State mutual bank or credit union, subject to regulations prescribed by the Comptroller of the Currency in accordance with this section. The powers conferred by this section are intended to provide for the creation and maintenance of mutual national banks as bodies corporate existing in perpetuity for the benefit of their depositors and the communities in which they operate. (b) Regulations (1) Regulations of the comptroller The Comptroller of the Currency is authorized to prescribe appropriate regulations for the organization, incorporation, governance, conversion, examination, operation, supervision, and regulation of mutual national banks. (2) Applicability of capital stock requirements The Comptroller of the Currency shall prescribe regulations regarding appropriate capital substitutes for the requirements of this title with respect to capital stock, and limitations imposed on national banks under this title based on capital stock, as such requirements shall apply to mutual national banks. (c) De novo charters (1) The Comptroller of the Currency is authorized to issue a certificate of authority to commence the business of banking to a mutual national bank in accordance with the requirements set forth in section 5169, provided that references to capital stock shall mean pledged accounts, non­with­draw­able investment certificates, or similar instruments by the incorporators. (2) Upon the issuance of the certificate required by paragraph (1), the mutual national bank shall become a body corporate and the incorporators shall become the first board of directors, with the power and authority to manage the affairs of the bank as herein set forth. (d) Conversions (1) Conversion of a mutual depository to a mutual national bank Subject to such regulations as the Comptroller of the Currency may prescribe, any mutual depository may convert to a mutual national bank by filing with the Comptroller of the Currency a notice of its election to convert on a specified date that is not earlier than 30 days after the date on which the notice is filed, and the mutual depository shall be converted to a mutual national bank charter on the date specified in the notice. (2) Conversion to stock national bank Subject to such regulations as the Comptroller of the Currency may prescribe for the protection of depositors’ rights and for any other purpose the Comptroller of the Currency may consider appropriate, any national bank that is organized in the mutual form under subsection (a) may reorganize on an equitable basis as a stock national bank. (3) Conversion to state banks Any national mutual bank may convert to a State bank charter in accordance with regulations prescribed by the Comptroller of the Currency and applicable State law. (e) Terminating mutuality If a mutual national bank elects to terminate mutuality, it must do so by— (1) liquidating; or (2) converting on an equitable basis to a national banking association operating in stock form. (f) Status and rights of members (1) In general In general, the status of a member is primarily that of a depositor and secondarily that of a holder of an inchoate right to participate in the equity of a mutual national bank upon a liquidation or conversion in accordance with regulations prescribed by the Comptroller of the Currency. (2) Mandatory rights Each member of a mutual national bank shall have the following rights: (A) Such rights as may be agreed upon, by contract, between the member and the mutual national bank. (B) In the event the board of directors, in its sole discretion, determines a conversion of a mutual national bank to a national banking association operating in stock form is in the best interests of the community in which the bank operates, then the members as of a record date set by the board of directors shall have the first right to subscribe for and purchase stock in the converted bank, on an equitable basis based on the amount of the deposit held by such member as of the record date. (C) In the event— (i) the board of directors, in its sole discretion, determines a liquidation of the mutual national bank is in the best interests of the community in which the bank operates, and such board of directors has adopted a plan of liquidation in accordance with regulations proscribed by the Comptroller of the Currency, and the Comptroller of the Currency has approved if such plan; or (ii) if for any other reason the bank is liquidated by operation of law, then the members as of the date of liquidation shall have the right to have credited to their accounts, on a pro rata basis, any residual assets left after the payment of all liabilities and expenses, including expenses of liquidation of the mutual national bank. (g) Management of the bank The board of directors shall have the entire management and control of the affairs of the mutual national bank. No depositor or borrower shall have the right to vote on any matter relating to the mutual national bank. Any voting rights of members prior to a conversion to a mutual national bank shall be extinguished upon a conversion to a mutual national bank. (h) Mutual holding company formation A mutual national bank may reorganize into the mutual holding company form of organization in accordance with regulations promulgated by the Comptroller of the Currency. (i) Definitions For purposes of this section, the following definitions shall apply: (1) Insured depository institution The term insured depository institution has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) Mutual national bank The term mutual national bank means a national banking association that operates in mutual form and is chartered by the Comptroller of the Currency under this section. (3) Mutual depository The term mutual depository means a depository institution that is organized in nonstock form, including a Federal non-stock depository and any form of nonstock depository provided for under State law, the deposits of which are insured by an instrumentality of the Federal Government. (4) Mutuality The term mutuality means the quality of being an insured depository institution organized under a Federal or State law providing for the organization of nonstock depository institutions, or a holding company organized under a Federal or State law providing for the organization of nonstock entities that control one or more depository institutions. (5) Member The term member means each insured account holder in a mutual depository’s savings, demand, or other authorized depository accounts and each insured account holder in such an account in a depository subsidiary of a mutual bank holding company. The board of directors may adopt a bylaw setting a minimum dollar threshold to qualify as a member up to $1,000. (6) Membership rights The term membership rights means the rights of each member under this section. (j) Conforming references Unless otherwise provided by the Comptroller of the Currency— (1) any reference in any Federal law to a national bank operating in stock form, including a reference to the term national banking association , member bank , national bank , national association , bank , insured bank , insured depository institution , or depository institution , shall be deemed to refer also to a mutual national bank; (2) any reference in any Federal law to the term board of directors , director , or directors of a national bank operating in stock form shall be deemed to refer also to the board of a mutual national bank; and (3) any terms in Federal law that may apply only to a national bank operating in stock form, including the terms stock , shares , shares of stock , capital stock , common stock , stock certificate , stock certificates , certificates representing shares of stock , stock dividend , transferable stock , each class of stock , cumulate such shares , par value , preferred stock shall not apply to a mutual national bank, unless the Comptroller of the Currency determines that the context requires otherwise. . 4. Mutual investment certificates authorized Section 38(c)(1) of the Federal Deposit Insurance Act (12 U.S.C. § 1831o(c)(1)) is hereby amended by deleting subparagraph (B)(ii) in paragraph (A) and inserting subparagraph (B)(ii) and paragraph (C) and by adding at the end of subparagraph (B)(ii) the following: (C) (i) Notwithstanding any other provision of law, a mutual depository, as defined in ( 12 U.S.C. 5133A(h)(3) ), is authorized to issue Mutual Investment Certificates, which shall be included as Tier 1 capital for purposes of any capital standards issued by an appropriate Federal banking agency, provided that such certificates must be— (I) nonvoting, except that the issuing mutual depository institution may permit voting in the event that— (aa) the mutual depository institution fails to pay dividends for a minimum of three consecutive dividend periods, and then the holders of the class or classes of Mutual Investment Certificates granted such voting rights, and voting as a single class, with one vote for each outstanding certificate, may elect by a majority vote a maximum of one-third of the institution's board of directors, the directors so elected to serve until the next annual meeting of the institution succeeding the payment of all current and past dividends; (bb) any merger, consolidation, or reorganization (except in a supervisory case) is sought to be authorized, where the issuing institution is not the survivor, provided that the regulatory capital of the resulting institution available for payment of any class of Mutual Investment Certificates on liquidation is less than the regulatory capital available for such class prior to the merger, consolidation, or reorganization; (cc) any action is sought to be authorized which would create any class of Mutual Investment Certificates having a preference or priority over an outstanding class or classes of Mutual Investment Certificates; (dd) any action is sought to be authorized which would adversely change the specific terms of any class of Mutual Investment Certificates; (ee) action is sought to be authorized which would increase the number of a class of Mutual Investment Certificates, or the number of a class of Mutual Investment Certificates ranking prior to or on parity with another class of Mutual Investment Certificates; or (ff) action is sought which would authorize the issuance of an additional class or classes of Mutual Investment Certificates without the institution having met specific financial standards; (II) redeemable at the sole discretion of the Board of Directors of the mutual depository; and (III) provide that any dividends paid must be non-cumulative. (ii) Notwithstanding any other provision of law, nonwithdrawable accounts, pledged accounts, mutual capital certificates, or similar instruments, authorized as of the date of the enactment of the Mutual Community Bank Equity Act, shall be included as Tier 1 capital for purposes of any capital standards issued by an appropriate Federal banking agency. (iii) The appropriate Federal banking agencies are hereby authorized to prescribe appropriate regulations to implement these provisions. . 5. Protection of mutual depositories (a) In general Subsection (h) of section 10 of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(h) ) is amended— (1) by striking or after the semicolon at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ; or ; and (3) by inserting after paragraph (3), the following new paragraph: (4) any company or any subsidiary of any company, any director, officer, employee, or person owning, controlling, or holding with the power to vote, or holding proxies representing more than 25 percent of the voting shares, of such company or subsidiary, or any director, officer, employee, or person acting in concert with such company or subsidiary, to hold, solicit, or exercise any proxies in respect of a savings association which is a mutual association, with the view or intention to, directly or indirectly, control or attempt to control the mutual association. . (b) Enforcement action Subsection (i) of section 10 of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(i) ) is amended by inserting after paragraph (3) the following new paragraph: (4) Civil actions by association (A) Equitable relief Any aggrieved mutual savings association may bring a civil action in a court of appropriate jurisdiction and may recover such equitable relief, including injunctive relief, and reasonable attorney’s fees, as determined by the court for any violation or attempted violation of paragraph (1) or (4) of subsection (h). (B) Proxies null and void In addition to any damages or relief under paragraph (1), any proxy held or exercised by any party the holding or exercise of which has been determined to be a violation of paragraph (1) or (4) of subsection (h) shall be deemed null and void, as of the inception of such proxy, and shall not be counted for purposes of determining a quorum at any meeting of such aggrieved mutual association. (C) Statute of limitation (i) In general An action may not be brought under subparagraph (A) after the end of the 180-day period beginning on the later of— (I) the date of the discovery of the alleged violation by the aggrieved mutual savings association; or (II) the date of the enactment of the Mutual Savings Association Preservation Act. (ii) No attribution rule For purposes of clause (i)(I), the knowledge of the facts and circumstances giving rise to an alleged violation by any party to the violation shall not be attributed to the savings association. . 6. Establishment of charitable foundations authorized (a) Any mutual holding company or direct or indirect stock subsidiary of a mutual holding company may contribute or issue shares of such stock subsidiary to a charitable foundation established by the mutual holding company or any direct or indirect stock subsidiary of the mutual holding company, provided that— (1) the charitable foundation qualifies as a 501(c)(3) organization under the Internal Revenue Code, as amended; (2) the Foundation’s governance complies with regulations adopted by the appropriate Federal banking agency; (3) at the time of the contribution or issuance to the charitable foundation, no direct or indirect stock subsidiary of the mutual holding company, nor any affiliate thereof, has issued shares of common stock to any nonaffiliate of the direct or indirect stock subsidiary of the mutual holding company; (4) the value of the stock so contributed or issued by the direct or indirect stock subsidiary of the mutual holding company, as determined in accordance with subsection (b), shall not exceed more than 10 percent of the insured depository institution’s consolidated Tier 1 capital, as of the quarter end prior to the establishment of the charitable foundation; (5) the direct or indirect stock subsidiary of the mutual holding company that contributes or issues the shares to the charitable foundation must reasonably expect to utilize the tax deduction within the time period proscribed by the Internal Revenue Service for contributions to charitable foundations; and (6) the mutual holding company and each direct or indirect stock subsidiary of the mutual holding company will be “well capitalized” under the prompt corrective action regulations immediately following the contribution to the charitable foundation. (b) Prior to any contribution or issuance by a direct or indirect stock subsidiary of the mutual holding company to a charitable foundation pursuant to subsection (a), the mutual holding company shall obtain an appraisal, by an independent appraiser experienced in such matters, of the pro forma value of the stock so contributed on a fully converted basis. The value of the stock so contributed, as determined by the appraiser, shall be limited in accordance with paragraph (4) of subsection (b). 7. Dividends paid by subsidiaries of mutual holding companies Section 10(o)(11)(B) of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(o)(11)(B) ) is amended by deleting or at the end of (i), deleting the period at the end of (ii) and inserting a semicolon at the end thereof, and adding the following: (iii) a majority of the board of directors of the mutual holding company, or a committee thereof, consists of directors who are not affiliates of any stock subsidiary of the mutual holding company and who do not directly or indirectly own any shares of the stock to which the waiver would apply, and vote in favor of the waiver of the dividend; or (iv) an independent corporate committee consisting of persons who are not stockholders, affiliates, depositors, borrowers, or members of the mutual holding company or any stock subsidiary of the mutual holding company vote in favor of the waiver of the dividend. . 8. Preserving mutuality bylaws authorized (a) The Board of Directors of a mutual depository may adopt a bylaw to preserve the mutuality of a mutual depository. Such bylaw provisions may include— (1) supermajority voting requirements, up to 80 percent, by the members to approve a conversion to stock form; (2) a prohibition against any person from serving, or nominating a person to serve, on the Board of Directors of the mutual depository, if such person or nominee has an intention to propose a conversion from mutual to stock form; (3) a requirement that any person serving or nominated to serve on the Board of Directors may not propose a conversion from mutual to stock form for a period of time not exceeding five years, as determined by the Board, beginning on the later of the date such bylaw is adopted or such person is elected to serve on the Board; (4) a prohibition against any member from proposing a conversion to stock form at any annual or special meeting of members or by the written consent of members; and (5) a violation of one or more of the bylaw provisions adopted to preserve mutuality shall be a basis for termination as a member of the Board of Directors. (b) Notwithstanding the foregoing, in no event shall any bylaw adopted pursuant to section (a) have any force and effect in the event the mutual depository is not well capitalized in accordance with the rules established by such depositories appropriate Federal banking agency. 9. Applicability of small bank holding company policy statement to small mutual holding company The Board of Governors of the Federal Reserve shall apply its Small Bank Holding Company Policy Statement to any mutual holding company that would otherwise qualify as a small bank holding company, if it were a bank holding company.

https://www.govinfo.gov/content/pkg/BILLS-113hr1603ih/xml/BILLS-113hr1603ih.xml

113-hr-1604

I 113th CONGRESS 1st Session H. R. 1604 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Lamborn introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Oversight and Government Reform , Science, Space, and Technology , and 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 establish the National Geospatial Technology Administration within the United States Geological Survey to enhance the use of geospatial data, products, technology, and services, to increase the economy and efficiency of Federal geospatial activities, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Map It Once, Use It Many Times Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Rights and actions. Title I—NATIONAL GEOSPATIAL TECHNOLOGY ADMINISTRATION Sec. 101. Definitions. Sec. 102. National Geospatial Technology Administration. Sec. 103. Establishment and maintenance of National Geospatial Database. Sec. 104. Reorganization of geospatial and land management activities. Sec. 105. Promulgation of standards for Federal geospatial data. Sec. 106. Protection of geospatial data. Sec. 107. Assumption of geospatial functions of other Federal agencies. Sec. 108. Acquisition of geospatial data from public sources. Sec. 109. Acquisition of geospatial data from commercial sources. Title II—NATIONAL GEOSPATIAL POLICY COMMISSION Sec. 201. Establishment; primary duties. Sec. 202. Requirements for National Geospatial Data plan. Sec. 203. Membership. Sec. 204. Terminations. Title III—CONTRACTOR PERFORMANCE OF FEDERAL GEOSPATIAL ACTIVITIES Sec. 301. Policy. Sec. 302. Definitions. Sec. 303. Conversion to contractor performance. Sec. 304. Requirement for performance in United States. Title IV—ENCOURAGING PRIVATE ENTERPRISE Sec. 401. Findings; purposes. Sec. 402. Strategy for encouraging Federal use of private geospatial firms. Title V—GEOSPATIAL RESEARCH AND DEVELOPMENT Sec. 501. Purposes. Sec. 502. Definitions. Sec. 503. Geospatial research plan. Sec. 504. Policy directives for research and development. Sec. 505. Annual report. Sec. 506. National defense and security exemption. 2. Findings Congress finds the following: (1) Geospatial data is necessary and essential to— (A) the management of natural resources; (B) economic development; (C) the management, adjudication, and prevention of future disruptions in the home mortgage system; (D) the development and implementation of a smart energy grid; (E) the deployment of universal domestic broadband service; (F) the management of Federal real property assets; (G) emergency preparedness and response; (H) homeland security; (I) the delivery of efficient health care and other services provided, financed, or regulated by the Federal Government; and (J) the maintenance, rehabilitation, and enhancement of public works, transportation, and other infrastructure of the United States. (2) The geospatial technology field is a high growth, high demand, and economically vital sector of the economy of the United States. (3) The United States is the leader in the global geospatial technology field. The thousands of geospatial firms in the United States, which include many small businesses, are among the most capable and qualified geospatial firms in the international market. (4) Geospatial technologies can enhance the operations of Government in planning and analysis, asset management, situation awareness, workforce empowerment, citizen engagement, transparency, education, and other services. (5) The full use and exploitation of geospatial technologies can foster economic growth, contribute to environmental stewardship, and enable scientific and technological excellence. (6) Studies have indicated that Federal agencies are not effectively using geospatial technologies and can improve the management of information resources and other applications. (7) Efforts to reduce redundancies in geospatial investments have not been fully successful. Federal agencies are still independently acquiring and maintaining potentially duplicative and costly data sets and systems and until these problems are resolved, duplicative geospatial investments are likely to persist. 3. Purposes The purposes of this Act shall be to— (1) ensure that a centralized and comprehensive database of geospatial data for the United States is available for use by the Federal Government to— (A) improve the quality of services provided by the Federal Government; and (B) reduce the costs to the Federal Government of providing such services; (2) coordinate Federal agencies, State and local governments, and private entities to— (A) maximize the use of private geospatial firms for the performance of Federal geospatial activities; and (B) eliminate redundancy in the Federal performance of geospatial activities; (3) foster the establishment and growth of private geospatial firms in the United States; and (4) facilitate the development of new geospatial technology in the United States. 4. Definitions In this Act: (1) The term Administrator means the Administrator of the National Geospatial Technology Administration. (2) The term geospatial activity means— (A) the collection of geospatial data, including collection from terrestrial, ground-based, airborne, or spaceborne platforms; (B) the organization of geospatial data, including organization in a survey (including a GPS or field survey), map, chart, plan, report, or description; (C) the storage, dissemination, and retrieval of geospatial data; (D) the interpretation and use of geospatial data; (E) the development of products or technology to facilitate the activities described in subparagraphs (A) through (D); and (F) activities (other than exclusively business-related activities) for the enhancement of geospatial data and its use. (3) The term geospatial data means data— (A) relating to natural and human-made physical features and phenomena on or below the surface of the Earth or in the space above the Earth, which may include data on the size, shape, and location of such features, and data on the legal boundaries relating to such features; and (B) developed by professionals, including surveyors, photogrammetrists, hydrographers, geodesists, and cartographers. (4) The term licensed geospatial data means— (A) commercial off-the-shelf (COTS) data produced by a commercial provider that exists prior to any purchase or procurement by the Government and is made available to the market via an agreement of license with specific terms including rights and restrictions; (B) the cost of such data is available from the provider’s published price list; (C) delivery of such data is provided at the point of sale; (D) the specifications for such data are prescribed by the provider and not subject to change at the Government’s request; and (E) a transaction in which the Government does not become involved with defining any portion of the geospatial data product specifications, requirements, uses, or design, which shall be considered a professional service subject to section 303 of this Act. (5) The term private geospatial firm means a private individual, firm, partnership, corporation, association, or other legal entity organized and permitted by law to engage in geospatial activities, that engages in such activities— (A) as a regular course of trade or business; and (B) with the principal objective of livelihood and profit. (6) The term real property means land and— (A) crops, forests, and other resources attached to or contained in the land; (B) buildings or other structures on the land; and (C) improvements to the land, including fixtures permanently attached to the land or to structures on the land. (7) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. 5. Rights and actions Nothing in this Act shall be construed to confer a private right of action on any person nor shall affect any valid existing private property rights. I NATIONAL GEOSPATIAL TECHNOLOGY ADMINISTRATION 101. Definitions In this title: (1) The term cadastral information means information on real property that includes information on— (A) the location, boundaries, and size of the property; and (B) the use, value, ownership (including any interest, benefit, right, or privilege in the property), and assets of the property. (2) The term cadastral parcel means a single area of land or, more particularly, a volume of space, under homogeneous real property rights, unique ownership, subdivision, or description, and address. (3) The term geodetic control information means information on the coordinate positions of geographic data established using a common reference system. (4) The term orthoimagery means georeferenced image maps prepared from an aerial photograph or remotely sensed data from which displacements of images caused by sensor orientation and terrain relief have been removed. (5) The term elevation and bathymetry means high-quality topographic data and other three-dimensional representations of the Nation’s natural and constructed features, including the depths of bodies of water. 102. National Geospatial Technology Administration (a) Establishment To carry out the purposes of this Act, there is established within the Department of the Interior the National Geospatial Technology Administration. (b) Administrator (1) In general The National Geospatial Technology Administration shall be headed by an Administrator, who shall report directly to the Secretary of the Interior. (2) Appointment The Administrator shall be appointed by the President, by and with the advice and consent of the Senate. 103. Establishment and maintenance of National Geospatial Database (a) Establishment The Administrator shall establish and maintain a comprehensive database of geospatial data for all lands owned or managed by the United States (including public lands), all Indian trust parcels, and, to the extent possible, all non-Federal lands in each State. The database shall be known as the National Geospatial Database . (b) Contents of database The National Geospatial Database shall include, for all lands described in subsection (a), the following geospatial data (as applicable): (1) Cadastral information, organized on large scale maps— (A) using a geodetic network as a reference frame; (B) with a cadastral boundary overlay delineating all cadastral parcels; and (C) with a system for indexing and identifying each cadastral parcel. (2) Geodetic control information. (3) Orthoimagery. (4) Elevation and bathymetry. (5) Information on transportation networks. (6) Hydrography. (7) Information on underground infrastructure, including the location, type, size, composition, and use of underground structures including tunnels and pipelines, including through reference to— (A) aerial photogrammetric maps; (B) GPS and field surveys; (C) as-built drawings; (D) service connection cards; and (E) historical maps and documents. (8) Information on the geographic areas of governmental and administrative units. (9) In the case of Federal property, any recommendation the Administrator has made about the property under section 104(b). (10) Other geospatial data determined by the Administrator, in consultation with the National Geospatial Policy Commission, to be useful in carrying out national priorities including— (A) economic development; (B) the management, adjudication, and prevention of future disruptions in the home mortgage system; (C) the development and implementation of a smart energy grid; (D) the deployment of universal domestic broadband service; (E) the management of Federal real property assets; (F) emergency preparedness and response; (G) homeland security; (H) the delivery of efficient health care and other services provided, financed, or regulated by the Federal Government; and (I) the maintenance, rehabilitation, and enhancement of the public works, transportation, and other infrastructure of the United States. (c) Return on Investment The Administrator, in consultation with the National Geospatial Policy Commission, shall provide a return on investment analysis and economic benefit assessment of the National Geospatial Database. (d) Public availability (1) In general Except as provided by paragraph (2), the National Geospatial Database shall be available to the public. (2) Exception for national security The Administrator shall withhold from public disclosure any information the disclosure of which reasonably could be expected to cause damage to the national security of the United States. (e) Funding strategy The Administrator shall develop and implement a strategy to fund the establishment and maintenance of the National Geospatial Database through means that may include— (1) the use of appropriated funds; (2) the establishment of user fees for the National Geospatial Database; (3) the establishment of a revolving fund with respect to the user fees; (4) interagency and intergovernmental partnerships; and (5) public-private partnerships. 104. Reorganization of geospatial and land management activities (a) Implementation of national geospatial data plan The Administrator shall carry out the recommendations of the National Geospatial Data Plan developed by the National Geospatial Policy Commission under section 202(c). (b) Data with respect to management of federal property The Administrator shall provide data to heads of other Federal agencies for the determination as to whether any property owned or managed by the United States may be better managed through ownership by a non-Federal entity, including a State or local government, a tribal government, a nonprofit organization, or a private entity. 105. Promulgation of standards for Federal geospatial data (a) Promulgation The Administrator, in consultation with the Administrator of the Office of Electronic Government, shall promulgate standards to ensure the interoperability of geospatial data collected by or with the support of the Federal Government. Such standards shall be consistent with— (1) standards applicable to geospatial data in the Federal Real Property Profile established under section 4(c) of Executive Order No. 13327 of February 4, 2004; and (2) protocols for the collection of geospatial data developed under section 216 of the E-Government Act of 2002 ( Public Law 107–347 ; 44 U.S.C. 3501 note). (b) Conformance with standards (1) Requirement for federal conformance The head of each agency of the Federal Government shall coordinate with the Administrator to ensure that all geospatial data collected by or with the support of the agency conforms with the standards promulgated under subsection (a), including geospatial data collected under the following authorities: (A) Office of Management and Budget Circular A–16. (B) Executive Order No. 12906 of April 11, 1994. (C) The Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2601 et seq. ). (D) The Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2801 et seq. ). (2) Encouragement of non-federal conformance The Administrator shall encourage conformance of all other geospatial data collected for lands in the United States with the standards promulgated under paragraph (1). 106. Protection of geospatial data The Administrator shall promulgate regulations and carry out activities to prevent any inmate in a Federal Prison Industries program under chapter 307 of title 18, United States Code, or a work program operated by a prison or jail of a State or subdivision thereof from having access to any geospatial data regarding the location of— (1) surface and subsurface infrastructure providing communications or water or electrical power distribution or transmission; (2) pipelines for the distribution or transmission of natural gas, bulk petroleum products, or other commodities; (3) other utilities; or (4) any personal or financial information about any individual private citizen, including information relating to such person’s real property however described. 107. Assumption of geospatial functions of other Federal agencies (a) Functions of department of the interior All geospatial functions vested by law in the Department of the Interior are hereby transferred to the Administrator, including the following: (1) The responsibilities for the survey of public lands and related functions vested by chapter 1 of title 32 of the Revised Statutes of the United States (43 U.S.C. 52–59). (2) All geospatial functions of the Geography Division of the United States Geological Survey, including functions vested by the Act of June 4, 1897 ( 43 U.S.C. 31 ). (3) The responsibilities, vested by the revised Office of Management and Budget Circular A–16, dated August, 19, 2006, for stewardship by the Bureau of Land Management of cadastral and Federal land ownership spatial data themes. (b) Functions of department of agriculture All geospatial functions vested by law in the Department of Agriculture with respect to the National Forest System are hereby transferred to the Administrator, including the authority to survey and map lands in and around the National Forest System lands vested by authorities, including the following: (1) Public Law 85–569 ( 7 U.S.C. 1012a ). (2) Public Law 97–465 ( 16 U.S.C. 521d et seq. ). (c) Functions of national oceanic and atmospheric administration All geospatial functions vested by law in the National Oceanic and Atmospheric Administration are hereby transferred to the Administrator, including all functions of the National Geodetic Survey and other geospatial functions vested by authorities, including the following: (1) Section 4685 of the Revised Statutes of the United States ( 33 U.S.C. 884 ). (2) The Act entitled An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes , approved August 6, 1947 (33 U.S.C. 883a et seq.). (3) Reorganization Plan No. 4 of 1970 (84 Stat. 2090). (4) Section 6082 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (33 U.S.C. 883j). (5) The Hydrographic Services Improvement Act of 1998 ( 33 U.S.C. 892a et seq. ). (6) Section 206 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (33 U.S.C. 883l). (7) The Ocean and Coastal Mapping Integration Act ( 33 U.S.C. 3501 ). (d) Effective date This section shall be effective on the date that is 270 days after the date of the enactment of this Act. 108. Acquisition of geospatial data from public sources (a) Federal agencies At the request of the Administrator, the head of each Federal agency shall make available to the Administrator for inclusion in the National Geospatial Database geospatial data collected by the agency subject to privacy protections, including— (1) all geospatial data collected under the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.); (2) all geospatial data collected under the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2801 et seq.); and (3) notwithstanding sections 9 and 214 of title 13, United States Code, and to the extent consistent with individual privacy protections, all data on building addresses and geographical coordinates collected by the Director of the Bureau of the Census. (b) Non-Federal entities (1) Cost-sharing agreements The Administrator may enter into cost-sharing agreements with, and provide other financial incentives to, State and local governments and private entities and individuals to collect and share with the Administrator geospatial data for inclusion in the National Geospatial Database. (2) Limitations on amount The Federal share of any cost-sharing agreement under paragraph (1) shall not exceed 50 percent of the total cost to the State of collecting and sharing the data. 109. Acquisition of geospatial data from commercial sources (a) Commercial sources The Administrator shall, to the maximum extent practicable, enter into contracts to obtain geospatial data and geospatial activities from commercial sources. (b) Licensed data (1) In general In carrying out this Act, the Administrator may acquire licensed geospatial data from commercial sources. (2) Considerations In determining whether to acquire licensed geospatial data from commercial sources, the Administrator shall take into account— (A) existing law; (B) the quality of the data relative to the intended use; (C) the preferences of the intended (as opposed to incidental) beneficiaries of the data; and (D) any restrictions on redistribution of the licensed data, and their effect on— (i) the ability of each agency using the data to carry out a mandate of the agency; and (ii) the benefit of the geospatial data to its intended users. II NATIONAL GEO­SPA­TIAL POLICY COMMISSION 201. Establishment; primary duties There is hereby established a commission, to be known as the National Geospatial Policy Commission (referred to hereinafter as the Commission ). The Commission shall— (1) develop and periodically amend a comprehensive plan, to be known as the National Geospatial Data Plan ; (2) coordinate Federal agencies, State and local governments, and private entities to eliminate redundancy in the performance of geospatial activities; (3) convert geospatial activities to performance by private geospatial firms when possible; and (4) reduce the costs to the Federal Government of geospatial activities not eliminated or converted to performance by private geospatial firms. 202. Requirements for National Geospatial Data plan (a) Identification of all geospatial activities performed by or for the federal government The Commission shall identify in the National Geospatial Data Plan each geospatial activity performed by or for the Federal Government, and— (1) the nature and purpose of the activity; (2) the authority under which the activity is performed; and (3) the amount expended by the Federal Government in fiscal year 2009 for the activity. (b) Identification of redundant, inefficient, and unnecessary geospatial activities The Commission shall identify in the National Geospatial Data Plan each geospatial activity under subsection (a)— (1) the performance of which is unnecessary; and (2) that may be converted to performance by a private geospatial firm. (c) Identification of best means of acquiring geospatial data The Commission shall develop and include in the National Geospatial Data Plan recommendations (including, as applicable, recommendations for changes in existing law) for— (1) elimination of geospatial activities identified under subsection (b)(1); (2) conversion of geospatial activities identified under subsection (b)(2) to performance by a private geospatial firm; (3) conversion of performance of geospatial activities identified under subsection (b)(3)(A) to performance by a State or local government; and (4) consolidation of geospatial activities identified under subsection (b)(3)(B). (d) Estimate of cost savings from adopting recommendations The Commission shall include in the National Geospatial Data Plan an estimate of the savings to the United States that would result from adopting the recommendations in subsection (c). (e) Deadline for development of national geospatial data plan Not later than 1 year after funds are made available for this purpose, the Commission shall complete the National Geospatial Data Plan in accordance with this section. 203. Membership (a) Number and appointment The Commission shall be composed of the following members: (1) The Administrator of the National Geospatial Technology Administration or designee. (2) The Director of the Office of Management and Budget or designee. (3) The Director of the Office of Science and Technology Policy or designee. (4) The Director of the National Economic Council or designee. (5) The Director of the National Geospatial Intelligence Agency or designee. (6) The Chairman of the Committee on Homeland Security and Governmental Affairs of the Senate or designee. (7) The Chairman of the Committee on Oversight and Government Reform of the House of Representatives or designee. (8) Eleven citizens with experience in geospatial activities appointed by the President, including— (A) two employed in State government; (B) two employed in regional or local government; (C) one employed in tribal government; (D) one employed by a nonprofit organization; (E) one employed by a university; and (F) four employed by a private geospatial firm, at least one of whom shall be a licensed surveyor. (b) Terms (1) Federal officials Each member appointed under subparagraphs (1) through (7) of subsection (a) shall be appointed for the life of the Commission. (2) Members appointed by the president Each member appointed under subsection (a)(8) shall be appointed for a term of six years. (c) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. (d) Pay and expenses Each member appointed under subsection (a)(8) shall be entitled to $100 a day when performing duties vested in the Commission and reimbursement for necessary expenses incurred in performing those duties. (e) Chair and officers The President shall designate the Chair of the Commission from among the non-Federal members. The Commission may elect from among its members other officers as it considers desirable. (f) Personnel The Commission may employ a Director, an executive officer, and other technical and administrative personnel as it considers necessary. Without regard to section 3709 of the Revised Statues ( 41 U.S.C. 5 ) and section 3109, chapters 33 and 51, and subchapter III of chapter 53, of title 5, the Commission may employ, by contract or otherwise, the temporary or intermittent (not more than one year) services of city planners, architects, engineers, appraisers, and other experts or organizations of experts, as may be necessary to carry out its functions. The Commission shall fix the rate of compensation so as not to exceed the rate usual for similar services. (g) Exemption The provisions of the Federal Advisory Committee Act (5 U.S.C. Appendix 2) shall not apply to the Commission. 204. Terminations (a) Upon the establishment of the Commission, the Federal Geographic Data Committee shall be terminated and all functions, duties, authorities, and responsibilities outlined in Office of Management Budget Circular A–16 shall be vested in the Commission and the Administrator. (b) Upon the establishment of the National Geospatial Data Plan, Executive Orders 12906 and 13286 shall be repealed and all functions, duties, authorities, and responsibilities therein shall be vested in the Commission and the Administrator. (c) Upon the establishment of the Commission, the National Geospatial Advisory Committee shall be terminated. III CONTRACTOR PERFORMANCE OF FEDERAL GEOSPATIAL ACTIVITIES 301. Policy It is the policy of the United States, consistent with the United States Commercial Remote Sensing Policy, to— (1) rely to the maximum practical extent on the private sector in the United States for the acquisition of commercially available geospatial data and geospatial activities; and (2) develop a long-term, sustainable relationship with the private geospatial community. 302. Definitions In this title, the term agency head means the Secretary, the Administrator, or head of a department, agency, or bureau of the Federal Government. 303. Conversion to contractor performance (a) Conversion of activities identified by commission Each agency head shall convert, to the maximum extent possible, to performance by private geospatial firms, all activities identified by the National Geospatial Policy Commission for conversion under section 202(b)(2) that are performed by or for the agency. (b) Solicitation of offers for contractor performance of eligible activities (1) Notice Each agency head shall issue a notice soliciting offers for the performance of each activity described in subsection (a). The notice shall include a description of qualifications and experience determined by the agency head to be necessary for performance of the activity, and such other criteria as the agency head determines to be appropriate. (2) Submission of offers To be considered for performance of an activity, a private geospatial firm shall submit to the agency head an offer that addresses the criteria described in paragraph (1), including a statement of qualifications and performance data. (3) Selection (A) First stage Of the private geospatial firms that submit offers under paragraph (2), the agency head shall select the three (or more) private geospatial firms determined by the agency head to be most qualified for performance of the activity, based on the private geospatial firms’ offers and such other information related to the qualifications and experience of the private geospatial firms as the agency head determines to be appropriate. (B) Second stage The agency head shall discuss with each private geospatial firm selected under subparagraph (A) different technologies and professional approaches to furnishing the required services. Based on the discussion, the agency head shall rank each such private geospatial firm in order of most to least qualified. (C) Third stage The agency head shall negotiate with each private geospatial firm determined to be the most qualified to perform the activity required by the agency, for a contract for performance of the activity. (D) Final selection The agency head shall enter into a contract with each private geospatial firm that, in negotiations under subparagraph (C), agrees to a price determined by the agency head to be fair and reasonable, based on the value of the services to be rendered and the scope, complexity, and specialized nature of the activity. (E) Selection of additional firms If the agency head cannot enter into a contract with a private geospatial firm under subparagraph (D), the agency head shall determine the next most qualified private geospatial firms for performance of the activity in accordance with subparagraph (A) and enter into discussions and negotiations with such private geospatial firms under subparagraphs (B) and (C), respectively. (4) Exception The process set forth in this section shall not apply to licensed geospatial data. 304. Requirement for performance in United States (a) Federal contracts All Federal contracts for performance of a geospatial activity shall include— (1) a condition that the geospatial activity be performed in the United States; and (2) a written certification that the funds will not be used for geospatial activities performed outside the United States. (b) Exceptions The requirements of this section shall not apply with respect to a geospatial activity— (1) that was converted to performance by a private geospatial firm under section 303 and was previously performed outside the United States by the Federal Government; (2) required by law (including a treaty or trade agreement) to be performed outside the United States; (3) required by geographical necessity to be performed outside the United States; (4) determined by the Administrator after a competitive procurement process under section 303(b) to be unavailable in the United States; (5) for which the President has issued a determination in writing that performance outside of the United States is necessary for national security; or (6) for the acquisition of commercial off-the-shelf licensed geospatial data products. IV ENCOURAGING PRIVATE ENTERPRISE 401. Findings; purposes (a) Findings Congress finds that the competitive enterprise system, characterized by individual freedom and initiative, is the primary source of the economic strength of the United States, and the Federal Government should not perform geospatial functions better suited for performance by the private sector. (b) Purposes The purpose of this title is to promote the establishment and growth of private geospatial firms in the United States by— (1) encouraging the use by the Federal Government of geospatial data, products, technology, and services to accomplish national priorities; (2) encouraging the acquisition of geospatial data, products, technology, and services from private geospatial firms; (3) encouraging the development, and ensuring the continued employment, of a workforce that will meet future employment demands in the geospatial field; and (4) fostering an environment in which all private geospatial firms may compete effectively and grow to their full potential. 402. Strategy for encouraging Federal use of private geospatial firms (a) Development of strategy Not later than one year after the date of the enactment of this Act, the Administrator shall cooperate with private geospatial firms, and any associations composed exclusively of such firms, to develop a comprehensive strategy to encourage and enhance the use of private geospatial firms by Federal agencies and other entities that receive Federal funds, including State and local governmental agencies, universities, nonprofit organizations, and foreign governments. (b) Information gathering In developing the strategy described in subsection (a), the Administrator shall— (1) examine the current role of private geospatial firms, including small businesses, in the economy of the United States; (2) States expending Federal funds; (3) assess the contribution such firms may make in the future to the growth of the economy of the United States; (4) evaluate the efforts of each Federal agency to use private geospatial firms, including the procurement strategies, policies, and methodologies of each Federal agency; and (5) assemble statistical information on the use of private geospatial firms by Federal agencies. (c) Enhancement of federal agency use of private geospatial firms (1) The Administrator shall develop and communicate to each Federal agency recommendations to encourage and enhance the use by the Federal agency of private geospatial firms. (2) The Administrator shall establish training programs and facilitate knowledge sharing among Federal agencies on the use of geospatial data, products, technology, and services and the process for procurement of such activities from the private sector. (3) The Administrator shall cooperate with public and private agencies, businesses, and other organizations to disseminate information about the use and application of geospatial data, products, technology, and services, the capabilities of private geospatial firms, and the ways in which private geospatial firms may benefit Federal agencies. (d) Advocacy and assistance for private geospatial firms affected by federal policies and activities (1) The Administrator shall receive, and, as appropriate, address or otherwise act upon complaints, criticisms, and suggestions from private geospatial firms regarding the policies and activities of Federal agencies. (2) If the policies and activities of a Federal agency affect or may affect private geospatial firms, the Administrator shall represent the views and interests of the private geospatial firms to the Federal agency. (3) The Administrator shall make counseling available to private geospatial firms on how to resolve questions and problems concerning the relationship of such firms to the Federal Government. (e) Development of standard clauses, contracts, and form licenses The Administrator shall, in consultation with trade associations and public interest groups, develop and promote standard clauses and contracts for use by the Federal Government in the acquisition of geospatial data and licenses for the acquisition of licensed geospatial data products. (f) Standards for assessment of progress To evaluate and increase the effectiveness of the strategy, the Administrator shall develop standards (including metrics, benchmarks, and measures of performance) by which to assess— (1) the state of geospatial activities in the United States; and (2) progress in the development of private geospatial enterprise in the United States. V GEOSPATIAL RESEARCH AND DEVELOPMENT 501. Purposes The purposes of this title are to encourage innovation and entrepreneurship in the geospatial field by— (1) promoting the advancement of geospatial products and technologies, and value-added services related to such products and technologies; and (2) providing an avenue through which new and untested geospatial products and services may be brought to the marketplace. 502. Definitions In this title: (1) The term Geospatial Research Plan means the plan developed under section 503(a). (2) The term research and development — (A) means— (i) a systematic study directed specifically toward applying new knowledge to meet a recognized need; (ii) a systematic application of knowledge toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements; or (iii) development of data, products, technology, or services not currently available in the marketplace and that cannot otherwise be procured commercially through ordinary business channels; and (B) may include— (i) research in the physical and natural sciences; (ii) applied research; (iii) technology development; and (iv) social science research. 503. Geospatial research plan (a) Development Not later than one year after the date of the enactment of this Act, the Administrator shall develop a plan, to be known as the Geospatial Research Plan , to provide a coordinated and integrated approach to the investment of the United States in geospatial research and development activities in the 5-year period beginning on the date of the issuance of the Plan. (b) Requirements In the Geospatial Research Plan, the Administrator shall collaborate with a wide range of interested persons to identify and recommend investments in geospatial research and development activities that will— (1) facilitate the establishment the National Geospatial Database; (2) facilitate the maintenance of a current and accurate National Geospatial Database; (3) enhance the ability to store and archive geospatial data; (4) increase public access to and dissemination of stored and archived geospatial data; (5) improve sensor and other data collection technologies; (6) improve the ability to acquire, visualize, analyze, and apply geospatial data; (7) improve the durability and extend the life of geospatial infrastructure; (8) address geospatial requirements necessary to meet national needs, Government programs, and emerging public policy issues, including but not limited to— (A) protecting and enhancing the environment; (B) building and maintaining the physical infrastructure of the United States; (C) managing land and real property assets and resources related thereto; (D) providing for the national defense and homeland security; (E) managing housing and financial services systems; (F) producing and utilizing energy in a safe and efficient manner; (G) preparing for, responding to, and recovering from natural and anthropogenic emergencies; (H) conducting the census; (I) administering the system of justice; and (J) providing for new forms of communication; and (9) meet any other research and development needs of the Federal Government and geospatial data producers and users. (c) Estimated funding levels and benefit In the Geospatial Research Plan, the Administrator shall describe, for each activity identified under subsection (b)— (1) the anticipated annual funding levels for the activity for the period described in subsection (a); and (2) the benefit the Administrator expects to gain from the activity by the end of the period described in subsection (a). (d) Considerations The Administrator shall ensure that the Geospatial Research Plan— (1) includes and integrates the research and development activities of the National Geospatial Technology Administration; (2) defines the respective roles and responsibilities of Federal, State, local, regional, tribal, private sector, academic, and nonprofit institutions in geospatial research and development activities; and (3) takes into account the activities of other Federal, State, private sector, and nonprofit institutions, and avoids unnecessary duplication with such activities. 504. Policy directives for research and development (a) Development of policy directives Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop policy directives for implementation by the Federal Government of geospatial research and development activities through innovative partnerships, cooperative research and development agreements, and other means. (b) Contents of policy directives The policy directives developed under subsection (a) shall provide for— (1) simplified, standardized, and timely solicitations; (2) a simplified, standardized funding process that provides for— (A) the timely receipt and review of proposals; (B) outside peer review of proposals, if appropriate; (C) protection of proprietary information provided in proposals; (D) selection of awardees; (E) retention of data rights generated in the performance of the contract by a business concern; (F) recognition of the right to intellectual property rights by the private sector partner; (G) cost sharing; and (H) cost principles and payment schedules; (3) ensuring that research and development activities of Government, universities, and nonprofit institutions do not duplicate or compete with those of the private sector; and (4) the prompt commercialization of the results of geospatial research and development activities. (c) Recommendations for legislation The Administrator shall propose to Congress any recommendations for legislation to authorize innovative partnerships not authorized under existing law. 505. Annual report The Administrator shall submit to appropriate committees of Congress an annual report, in conjunction with the President’s annual budget request as set forth in section 1105 of title 31, United States Code, describing the amount spent in the last completed fiscal year on geospatial research and development and the amount proposed in the current budget for geospatial research and development. 506. National defense and security exemption This title shall not apply to research and development activities that would adversely affect the national defense and security of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr1604ih/xml/BILLS-113hr1604ih.xml

113-hr-1605

I 113th CONGRESS 1st Session H. R. 1605 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Veterans’ Affairs and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect Second Amendment rights, ensure that all individuals who should be prohibited from buying a firearm are listed in the National Instant Criminal Background Check System, and provide a responsible and consistent background check process. 1. Short title This Act may be cited as the Public Safety and Second Amendment Rights Protection Act of 2013 . 2. Findings Congress finds the following: (1) Congress supports, respects, and defends the fundamental, individual right to keep and bear arms guaranteed by the Second Amendment to the Constitution of the United States. (2) Congress supports and reaffirms the existing prohibition on a national firearms registry. (3) Congress believes the Department of Justice should prosecute violations of background check requirements to the maximum extent of the law. (4) There are deficits in the background check system in existence prior to the date of enactment of this Act and the Department of Justice should make it a top priority to work with States to swiftly input missing records, including mental health records. (5) Congress and the citizens of the United States agree that in order to promote safe and responsible gun ownership, dangerous criminals and the seriously mentally ill should be prohibited from possessing firearms; therefore, it should be incumbent upon all citizens to ensure weapons are not being transferred to such people. 3. Rule of construction Nothing in this Act, or any amendment made by this Act, shall be construed to— (1) expand in any way the enforcement authority or jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or (2) allow the establishment, directly or indirectly, of a Federal firearms registry. 4. Severability If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected. I Ensuring that all individuals who should be prohibited from buying a gun are listed in the National Instant Criminal Background Check System 101. Reauthorization of the National Criminal History Records Improvement Program Section 106(b) of Public Law 103–159 (18 U.S.C. 922 note) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking of this Act and inserting of the Public Safety and Second Amendment Rights Protection Act of 2013 ; and (2) by striking paragraph (2) and inserting the following: (2) Authorization of appropriations There are authorized to be appropriated for grants under this subsection $100,000,000 for each of fiscal years 2014 through 2017. . 102. Improvement of metrics and incentives Section 102(b) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended to read as follows: (b) Implementation plan (1) In general Not later than 1 year after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Attorney General, in coordination with the States, shall establish for each State or Indian tribal government desiring a grant under section 103 a 4-year implementation plan to ensure maximum coordination and automation of the reporting of records or making records available to the National Instant Criminal Background Check System. (2) Benchmark requirements Each 4-year plan established under paragraph (1) shall include annual benchmarks, including both qualitative goals and quantitative measures, to assess implementation of the 4-year plan. (3) Penalties for non-compliance (A) In general During the 4-year period covered by a 4-year plan established under paragraph (1), the Attorney General shall withhold— (i) 10 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the first year in the 4-year period; (ii) 11 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the second year in the 4-year period; (iii) 13 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the third year in the 4-year period; and (iv) 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the fourth year in the 4-year period. (B) Failure to establish a plan A State that fails to establish a plan under paragraph (1) shall be treated as having not met any benchmark established under paragraph (2). . 103. Grants to States for improvement of coordination and automation of NICS record reporting (a) In general The NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— (1) by striking section 103 and inserting the following: 103. Grants to States for improvement of coordination and automation of NICS record reporting (a) Authorization From amounts made available to carry out this section, the Attorney General shall make grants to States, Indian Tribal governments, and State court systems, in a manner consistent with the National Criminal History Improvement Program and consistent with State plans for integration, automation, and accessibility of criminal history records, for use by the State, or units of local government of the State, Indian Tribal government, or State court system to improve the automation and transmittal of mental health records and criminal history dispositions, records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, court orders, and mental health adjudications or commitments to Federal and State record repositories in accordance with section 102 and the National Criminal History Improvement Program. (b) Use of grant amounts Grants awarded to States, Indian Tribal governments, or State court systems under this section may only be used to— (1) carry out, as necessary, assessments of the capabilities of the courts of the State or Indian Tribal government for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; (2) implement policies, systems, and procedures for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; (3) create electronic systems that provide accurate and up-to-date information which is directly related to checks under the National Instant Criminal Background Check System, including court disposition and corrections records; (4) assist States or Indian Tribal governments in establishing or enhancing their own capacities to perform background checks using the National Instant Criminal Background Check System; and (5) develop and maintain the relief from disabilities program in accordance with section 105. (c) Eligibility (1) In general To be eligible for a grant under this section, a State, Indian Tribal government, or State court system shall certify, to the satisfaction of the Attorney General, that the State, Indian Tribal government, or State court system— (A) is not prohibited by State law or court order from submitting mental health records to the National Instant Criminal Background Check System; and (B) subject to paragraph (2), has implemented a relief from disabilities program in accordance with section 105. (2) Relief from disabilities program For purposes of obtaining a grant under this section, a State, Indian Tribal government, or State court system shall not be required to meet the eligibility requirement described in paragraph (1)(B) until the date that is 2 years after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 . (d) Federal share (1) Studies, assessments, non-material activities The Federal share of a study, assessment, creation of a task force, or other non-material activity, as determined by the Attorney General, carried out with a grant under this section shall be not more than 25 percent. (2) Infrastructure or system development The Federal share of an activity involving infrastructure or system development, including labor-related costs, for the purpose of improving State or Indian Tribal government record reporting to the National Instant Criminal Background Check System carried out with a grant under this section may amount to 100 percent of the cost of the activity. (e) Grants to indian tribes Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments for use by Indian tribal judicial systems. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2014 through 2017. ; (2) by striking title III; and (3) in section 401(b), by inserting after of this Act the following: and 18 months after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 . (b) Technical and conforming amendment The table of sections in section 1(b) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. Grants to States for improvement of coordination and automation of NICS record reporting. . 104. Relief from disabilities program Section 105 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended by adding at the end the following: (c) Penalties for non-Compliance (1) 10 percent reduction During the 1-year period beginning 2 years after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Attorney General shall withhold 10 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State has not implemented a relief from disabilities program in accordance with this section. (2) 11 percent reduction During the 1-year period after the expiration of the period described in paragraph (1), the Attorney General shall withhold 11 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section. (3) 13 percent reduction During the 1-year period after the expiration of the period described in paragraph (2), the Attorney General shall withhold 13 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State has not implemented a relief from disabilities program in accordance with this section. (4) 15 percent reduction After the expiration of the 1-year period described in paragraph (3), the Attorney General shall withhold 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State has not implemented a relief from disabilities program in accordance with this section. . 105. Additional protections for our veterans (a) In general Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes (a) In general In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is determined by the Secretary to be mentally incompetent shall not be considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18 until— (1) in the case in which the person does not request a review as described in subsection (c)(1), the end of the 30-day period beginning on the date on which the person receives notice submitted under subsection (b); or (2) in the case in which the person requests a review as described in paragraph (1) of subsection (c), upon an assessment by the board designated or established under paragraph (2) of such subsection or court of competent jurisdiction that a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. (b) Notice Notice submitted under this subsection to a person described in subsection (a) is notice submitted by the Secretary that notifies the person of the following: (1) The determination made by the Secretary. (2) A description of the implications of being considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18. (3) The person's right to request a review under subsection (c)(1). (c) Administrative review (1) Not later than 30 days after the date on which a person described in subsection (a) receives notice submitted under subsection (b), such person may request a review by the board designed or established under paragraph (2) or a court of competent jurisdiction to assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. In such assessment, the board may consider the person’s honorable discharge or decoration. (2) Not later than 180 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Secretary shall designate or establish a board that shall, upon request of a person under paragraph (1), assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. (d) Judicial review Not later than 30 days after the date of an assessment of a person under subsection (c) by the board designated or established under paragraph (2) of such subsection, such person may file a petition for judicial review of such assessment with a Federal court of competent jurisdiction. (e) Protecting rights of veterans with existing records Not later than 90 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Secretary shall provide written notice of the opportunity for administrative review and appeal under subsection (c) to all persons who, on the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , are considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18 as a result of having been found by the Department of Veterans Affairs to be mentally incompetent. (f) Future determinations (1) In general Not later than 180 days after the enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Secretary shall review the policies and procedures by which individuals are determined to be mentally incompetent, and shall revise such policies and procedures as necessary to ensure that any individual who is competent to manage his own financial affairs, including his receipt of Federal benefits, but who voluntarily turns over the management thereof to a fiduciary is not considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18. (2) Report Not later than 30 days after the Secretary has made the review and changes required under paragraph (1), the Secretary shall submit to Congress a report detailing the results of the review and any resulting policy and procedural changes. . (b) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes. . (c) Applicability Section 5511 of title 38, United States Code (as added by this section), shall apply only with respect to persons who are determined by the Secretary of Veterans Affairs, on or after the date of the enactment of this Act, to be mentally incompetent, except that those persons who are provided notice pursuant to section 5511(e) of such title shall be entitled to use the administrative review under section 5511(c) of such title and, as necessary, the subsequent judicial review under section 5511(d) of such title. 106. Clarification that Federal court information is to be made available to the National Instant Criminal Background Check System Section 103(e)(1) of Public Law 103–159 (18 U.S.C. 922 note), is amended by adding at the end the following: (F) Application to federal courts In this subsection— (i) the terms department or agency of the United States and Federal department or agency include a Federal court; and (ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency. . 107. Clarification that submission of mental health records to the National Instant Criminal Background Check System is not prohibited by the Health Insurance Portability and Accountability Act Information collected under section 102(c)(3) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) to assist the Attorney General in enforcing section 922(g)(4) of title 18, United States Code, shall not be subject to the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). 108. Publication of NICS index statistics Not later than 180 days after the date of enactment of this Act, and biannually thereafter, the Attorney General shall make the National Instant Criminal Background Check System index statistics available on a publically accessible Internet website. 109. Effective date The amendments made by this title shall take effect 180 days after the date of enactment of this Act. II Providing a Responsible and Consistent Background Check Process 201. Purpose The purpose of this title is to enhance the current background check process in the United States to ensure criminals and the mentally ill are not able to purchase firearms. 202. Firearms transfers (a) In general Section 922 of title 18, United States Code, is amended— (1) by repealing subsection (s); (2) by redesignating subsection (t) as subsection (s); (3) in subsection (s), as redesignated— (A) in paragraph (1)(B)— (i) in clause (i), by striking or ; (ii) in clause (ii), by striking and at the end; and (iii) by adding at the end the following: (iii) in the case of an instant background check conducted at a gun show or event during the 4-year period beginning on the effective date under section 210(a) of the Public Safety and Second Amendment Rights Protection Act of 2013 , 48 hours have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; or (iv) in the case of an instant background check conducted at a gun show or event after the 4-year period described in clause (iii), 24 hours have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and ; (B) in paragraph (3)(C)(ii), by striking (as defined in subsection (s)(8)) ; and (C) by adding at the end the following: (7) In this subsection— (A) the term chief law enforcement officer means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual; and (B) the term gun show or event has the meaning given the term in subsection (t)(7). (8) The Federal Bureau of Investigation shall not charge a user fee for a background check conducted pursuant to this subsection. (9) Notwithstanding any other provision of this chapter, upon receiving a request for an instant background check that originates from a gun show or event, the system shall complete the instant background check before completing any pending instant background check that did not originate from a gun show or event. ; and (4) by inserting after subsection (s), as redesignated, the following: (t) (1) Beginning on the date that is 180 days after the date of enactment of this subsection and except as provided in paragraph (2), it shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs— (A) at a gun show or event, on the curtilage thereof; or (B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm. (2) Paragraph (1) shall not apply if— (A) the transfer is made after a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s), and upon taking possession of the firearm, the licensee— (i) complies with all requirements of this chapter as if the licensee were transferring the firearm from the licensee’s business inventory to the unlicensed transferee, except that when processing a transfer under this chapter the licensee may accept in lieu of conducting a background check a valid permit issued within the previous 5 years by a State, or a political subdivision of a State, that allows the transferee to possess, acquire, or carry a firearm, if the law of the State, or political subdivision of a State, that issued the permit requires that such permit is issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; (B) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State, if— (i) the Attorney General certifies that State in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section; and (ii) the transfer was conducted in compliance with the laws of the State; (C) the transfer is made between spouses, between parents or spouses of parents and their children or spouses of their children, between siblings or spouses of siblings, or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren, or between aunts or uncles or their spouses and their nieces or nephews or their spouses, or between first cousins, if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under Federal, State, or local law; or (D) the Attorney General has approved the transfer under section 5812 of the Internal Revenue Code of 1986. (3) A licensed importer, licensed manufacturer, or licensed dealer who processes a transfer of a firearm authorized under paragraph (2)(A) shall not be subject to a license revocation or license denial based solely upon a violation of those paragraphs, or a violation of the rules or regulations promulgated under this paragraph, unless the licensed importer, licensed manufacturer, or licensed dealer— (A) knows or has reasonable cause to believe that the information provided for purposes of identifying the transferor, transferee, or the firearm is false; (B) knows or has reasonable cause to believe that the transferee is prohibited from purchasing, receiving, or possessing a firearm by Federal or State law, or published ordinance; or (C) knowingly violates any other provision of this chapter, or the rules or regulations promulgated thereunder. (4) (A) Notwithstanding any other provision of this chapter, except for section 923(m), the Attorney General may implement this subsection with regulations. (B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (2)(A). (C) Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers. (D) Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (2)(A). (5) (A) A person other than a licensed importer, licensed manufacturer, or licensed dealer, who makes a transfer of a firearm in accordance with this section, or who is the organizer of a gun show or event at which such transfer occurs, shall be immune from a qualified civil liability action relating to the transfer of the firearm as if the person were a seller of a qualified product. (B) A provider of an interactive computer service shall be immune from a qualified civil liability action relating to the transfer of a firearm as if the provider of an interactive computer service were a seller of a qualified product. (C) In this paragraph— (i) the term interactive computer service shall have the meaning given the term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ); and (ii) the terms qualified civil liability action , qualified product , and seller shall have the meanings given the terms in section 4 of the Protection of Lawful Commerce in Arms Act ( 15 U.S.C. 7903 ). (D) Nothing in this paragraph shall be construed to affect the immunity of a provider of an interactive computer service under section 230 of the Communications Act of 1934 (47 U.S.C. 230). (6) In any civil liability action in any State or Federal court arising from the criminal or unlawful use of a firearm following a transfer of such firearm for which no background check was required under this section, this section shall not be construed— (A) as creating a cause of action for any civil liability; or (B) as establishing any standard of care. (7) For purposes of this subsection, the term gun show or event — (A) means any event at which 75 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and (B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923. . (b) Prohibiting the seizure of records or documents Section 923(g)(1)(D) is amended by striking, The inspection and examination authorized by this paragraph shall not be construed as authorizing the Attorney General to seize any records or other documents other than those records or documents constituting material evidence of a violation of law, and inserting the following: The Attorney General shall be prohibited from seizing any records or other documents in the course of an inspection or examination authorized by this paragraph other than those records or documents constituting material evidence of a violation of law. . (c) Prohibition of national gun registry Section 923 of title 18, United States Code, is amended by adding at the end the following: (m) The Attorney General may not consolidate or centralize the records of the— (1) acquisition or disposition of firearms, or any portion thereof, maintained by— (A) a person with a valid, current license under this chapter; (B) an unlicensed transferor under section 922(t); or (2) possession or ownership of a firearm, maintained by any medical or health insurance entity. . (d) Technical and conforming amendments (1) Section 922 Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and inserting and (g)(5)(B) . (2) Consolidated and Further Continuing Appropriations Act, 2012 Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 922 note) is amended by striking subsection 922(t) and inserting subsection (s) or (t) of section 922 each place it appears. 203. Penalties Section 924 of title 18, United States Code, is amended— (1) in subsection (a), by adding at the end the following: (8) Whoever makes or attempts to make a transfer of a firearm in violation of section 922(t) to a person not licensed under this chapter who is prohibited from receiving a firearm under subsection (g) or (n) of section 922 or State law, to a law enforcement officer, or to a person acting at the direction of, or with the approval of, a law enforcement officer authorized to investigate or prosecute violations of section 922(t), shall be fined under this title, imprisoned not more than 5 years, or both. ; and (2) by adding at the end the following: (q) Improper use of storage of records Any person who knowingly violates section 923(m) shall be fined under this title, imprisoned not more than 15 years, or both. . 204. Firearms dispositions Section 922(b)(3) of title 18, United States Code, is amended— (1) in the matter preceding subparagraph (A), by striking located and inserting located or temporarily located ; and (2) in subparagraph (A)— (A) by striking rifle or shotgun and inserting firearm ; (B) by striking located and inserting located or temporarily located ; and (C) by striking both such States and inserting the State in which the transfer is conducted and the State of residence of the transferee . 205. Firearm dealer access to law enforcement information Section 103(b) of Public Law 103–159 (18 U.S.C. 922 note), is amended— (1) by striking Not later than and inserting the following: (1) In general Not later than ; and (2) by adding at the end the following: (2) Voluntary background checks Not later than 90 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Attorney General shall promulgate regulations allowing licensees to use the National Instant Criminal Background Check System established under this section for purposes of conducting voluntary preemployment background checks on prospective employees. . 206. Dealer location Section 923 of title 18, United States Code, is amended— (1) in subsection (j)— (A) in the first sentence, by striking , and such location is in the State which is specified on the license ; and (B) in the last sentence— (i) by inserting transfer, after sell, ; and (ii) by striking Act, and all that follows and inserting Act. ; and (2) by adding after subsection (m), as added by section 202(c), the following: (n) Nothing in this chapter shall be construed to prohibit the sale, transfer, delivery, or other disposition of a firearm or ammunition not otherwise prohibited under this chapter— (1) by a person licensed under this chapter to another person so licensed, at any location in any State; or (2) by a licensed importer, licensed manufacturer, or licensed dealer to a person not licensed under this chapter, at a temporary location described in subsection (j) in any State. . 207. Residence of United States officers Section 921 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: (b) For purposes of this chapter: (1) A member of the Armed Forces on active duty, or a spouse of such a member, is a resident of— (A) the State in which the member or spouse maintains legal residence; (B) the State in which the permanent duty station of the member is located; and (C) the State in which the member maintains a place of abode from which the member commutes each day to the permanent duty station of the member. (2) An officer or employee of the United States (other than a member of the Armed Forces) who is stationed outside the United States for a period of more than 1 year, and a spouse of such an officer or employee, is a resident of the State in which the person maintains legal residence. . 208. Interstate transportation of firearms or ammunition (a) In general Section 926A of title 18, United States Code, is amended to read as follows: 926A. Interstate transportation of firearms or ammunition (a) Definition In this section, the term transport — (1) includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport; and (2) does not include transportation— (A) with the intent to commit a crime punishable by imprisonment for a term exceeding 1 year that involves a firearm; or (B) with knowledge, or reasonable cause to believe, that a crime described in subparagraph (A) is to be committed in the course of, or arising from, the transportation. (b) Authorization Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to— (1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation— (A) the firearm is unloaded; and (B) (i) if the transportation is by motor vehicle— (I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or (II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is— (aa) in a locked container other than the glove compartment or console; or (bb) secured by a secure gun storage or safety device; or (ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and (2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation— (A) the ammunition is not loaded into a firearm; and (B) (i) if the transportation is by motor vehicle— (I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or (II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or (ii) if the transportation is by other means, the ammunition is in a locked container. (c) Limitation on arrest authority A person who is transporting a firearm or ammunition may not be— (1) arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause that the transportation is not in accordance with subsection (b); or (2) detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b). . (b) Technical and conforming amendment The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following: 926A. Interstate transportation of firearms or ammunition. . 209. Rule of construction Nothing in this title, or an amendment made by this title, shall be construed— (1) to extend background check requirements to transfers other than those made at gun shows or on the curtilage thereof, or pursuant to an advertisement, posting, display, or other listing on the Internet or in a publication by the transferor of the intent of the transferor to transfer, or the transferee of the intent of the transferee to acquire, the firearm; or (2) to extend background check requirements to temporary transfers for purposes including lawful hunting or sporting or to temporary possession of a firearm for purposes of examination or evaluation by a prospective transferee. 210. Effective date (a) In general Except as provided in subsection (b), this title and the amendments made by this title shall take effect 180 days after the date of enactment of this Act. (b) Firearm dealer access to law enforcement information Section 205 and the amendments made by section 205 shall take effect on the date of enactment of this Act. III National Commission on Mass Violence 301. Short title This title may be cited as the National Commission on Mass Violence Act of 2013 . 302. National Commission on Mass Violence (a) Establishment of commission There is established a commission to be known as the National Commission on Mass Violence (in this title referred to as the Commission ) to study the availability and nature of firearms, including the means of acquiring firearms, issues relating to mental health, and all positive and negative impacts of the availability and nature of firearms on incidents of mass violence or in preventing mass violence. (b) Membership (1) Appointments The Commission shall be composed of 12 members, of whom— (A) 6 members of the Commission shall be appointed by the Majority Leader of the Senate, in consultation with the Democratic leadership of the House of Representatives, 1 of whom shall serve as Chairman of the Commission; and (B) 6 members of the Commission shall be appointed by the Speaker of the House of Representatives, in consultation with the Republican leadership of the Senate, 1 of whom shall serve as Vice Chairman of the Commission. (2) Persons eligible (A) In general The members appointed to the Commission shall include— (i) well-known and respected individuals among their peers in their respective fields of expertise; and (ii) not less than 1 non-elected individual from each of the following categories, who has expertise in the category, by both experience and training: (I) Firearms. (II) Mental health. (III) School safety. (IV) Mass media. (B) Experts In identifying the individuals to serve on the Commission, the appointing authorities shall take special care to identify experts in the fields described in section 303(a)(2). (C) Party affiliation Not more than 6 members of the Commission shall be from the same political party. (3) Completion of appointments; vacancies Not later than 30 days after the date of enactment of this Act, the appointing authorities under paragraph (1) shall each make their respective appointments. Any vacancy that occurs during the life of the Commission shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. (4) Operation of the commission (A) Meetings (i) In general The Commission shall meet at the call of the Chairman. (ii) Initial meeting The initial meeting of the Commission shall be conducted not later than 30 days after the later of— (I) the date of the appointment of the last member of the Commission; or (II) the date on which appropriated funds are available for the Commission. (B) Quorum; vacancies; voting; rules A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. Each member of the Commission shall have 1 vote, and the vote of each member shall be accorded the same weight. The Commission may establish by majority vote any other rules for the conduct of the Commission’s business, if such rules are not inconsistent with this title or other applicable law. 303. Duties of the Commission (a) Study (1) In general It shall be the duty of the Commission to conduct a comprehensive factual study of incidents of mass violence, including incidents of mass violence not involving firearms, in the context of the many acts of senseless mass violence that occur in the United States each year, in order to determine the root causes of such mass violence. (2) Matters to be studied In determining the root causes of these recurring and tragic acts of mass violence, the Commission shall study any matter that the Commission determines relevant to meeting the requirements of paragraph (1), including at a minimum— (A) the role of schools, including the level of involvement and awareness of teachers and school administrators in the lives of their students and the availability of mental health and other resources and strategies to help detect and counter tendencies of students towards mass violence; (B) the effectiveness of and resources available for school security strategies to prevent incidents of mass violence; (C) the role of families and the availability of mental health and other resources and strategies to help families detect and counter tendencies toward mass violence; (D) the effectiveness and use of, and resources available to, the mental health system in understanding, detecting, and countering tendencies toward mass violence, as well as the effects of treatments and therapies; (E) whether medical doctors and other mental health professionals have the ability, without negative legal or professional consequences, to notify law enforcement officials when a patient is a danger to himself or others; (F) the nature and impact of the alienation of the perpetrators of such incidents of mass violence from their schools, families, peer groups, and places of work; (G) the role that domestic violence plays in causing incidents of mass violence; (H) the effect of depictions of mass violence in the media, and any impact of such depictions on incidents of mass violence; (I) the availability and nature of firearms, including the means of acquiring such firearms, and all positive and negative impacts of such availability and nature on incidents of mass violence or in preventing mass violence; (J) the role of current prosecution rates in contributing to the availability of weapons that are used in mass violence; (K) the availability of information regarding the construction of weapons, including explosive devices, and any impact of such information on such incidents of mass violence; (L) the views of law enforcement officials, religious leaders, mental health experts, and other relevant officials on the root causes and prevention of mass violence; (M) incidents in which firearms were used to stop mass violence; and (N) any other area that the Commission determines contributes to the causes of mass violence. (3) Testimony of victims and survivors In determining the root causes of these recurring and tragic incidents of mass violence, the Commission shall, in accordance with section 304(a), take the testimony of victims and survivors to learn and memorialize their views and experiences regarding such incidents of mass violence. (b) Recommendations Based on the findings of the study required under subsection (a), the Commission shall make recommendations to the President and Congress to address the causes of these recurring and tragic incidents of mass violence and to reduce such incidents of mass violence. (c) Reports (1) Interim report Not later than 3 months after the date on which the Commission first meets, the Commission shall submit to the President and Congress an interim report describing any initial recommendations of the Commission. (2) Final report Not later than 6 months after the date on which the Commission first meets, the Commission shall submit to the President and Congress a comprehensive report of the findings and conclusions of the Commission, together with the recommendations of the Commission. (3) Summaries The report under paragraph (2) shall include a summary of— (A) the reports submitted to the Commission by any entity under contract for research under section 304(e); and (B) any other material relied on by the Commission in the preparation of the report. 304. Powers of the Commission (a) Hearings (1) In general The Commission may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under section 143. (2) Witness expenses Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. (b) Information from Federal agencies The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out its duties under section 143. Upon the request of the Commission, the head of such agency may furnish such information to the Commission. (c) Information To be kept confidential (1) In general The Commission shall be considered an agency of the Federal Government for purposes of section 1905 of title 18, United States Code, and any individual employed by any individual or entity under contract with the Commission under subsection (d) shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code. (2) Disclosure Information obtained by the Commission or the Attorney General under this title and shared with the Commission, other than information available to the public, shall not be disclosed to any person in any manner, except— (A) to Commission employees or employees of any individual or entity under contract to the Commission under subsection (d) for the purpose of receiving, reviewing, or processing such information; (B) upon court order; or (C) when publicly released by the Commission in an aggregate or summary form that does not directly or indirectly disclose— (i) the identity of any person or business entity; or (ii) any information which could not be released under section 1905 of title 18, United States Code. (d) Contracting for research The Commission may enter into contracts with any entity for research necessary to carry out the duties of the Commission under section 303. 305. Commission personnel matters (a) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government 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 the duties of the Commission. All members of the Commission 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. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (c) Staff (1) In general The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional employees as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation The executive director shall be compensated at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairman may fix the compensation of other employees without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such employees may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of temporary and intermittent services The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 306. Authorization of appropriations There are authorized to be appropriated to the Commission and any agency of the Federal Government assisting the Commission in carrying out its duties under this title such sums as may be necessary to carry out the purposes of this title. Any sums appropriated shall remain available, without fiscal year limitation, until expended. 307. Termination of the Commission The Commission shall terminate 30 days after the Commission submits the final report under section 303(c)(2).

https://www.govinfo.gov/content/pkg/BILLS-113hr1605ih/xml/BILLS-113hr1605ih.xml

113-hr-1606

I 113th CONGRESS 1st Session H. R. 1606 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Neugebauer introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Crop Insurance Act to make available to producers a supplemental coverage option based on both an individual yield and loss basis and an area yield and loss basis in order to allow producers to cover all or a portion of their deductible under the individual yield and loss policy, to improve the accuracy of actual production history determinations, and for other purposes. 1. Short title This Act may be cited as the Crop Risk Options Plan Act of 2013 . 2. Supplemental coverage option (a) Availability of supplemental coverage option Paragraph (3) of section 508(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c) ) is amended to read as follows: (3) Yield and loss basis options A producer shall have the option of purchasing additional coverage based on— (A) (i) an individual yield and loss basis; or (ii) an area yield and loss basis; (B) an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis to cover a part of the deductible under the individual yield and loss policy, as described in paragraph (4)(C); or (C) a margin basis alone or in combination with the coverages available in subparagraph (A) or (B). . (b) Level of coverage Paragraph (4) of section 508(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c) ) is amended to read as follows: (4) Level of coverage (A) Dollar denomination and percentage of yield Except as provided in subparagraph (C), the level of coverage— (i) shall be dollar denominated; and (ii) may be purchased at any level not to exceed 85 percent of the individual yield or 95 percent of the area yield (as determined by the Corporation). (B) Information The Corporation shall provide producers with information on catastrophic risk and additional coverage in terms of dollar coverage (within the allowable limits of coverage provided in this paragraph). (C) Supplemental coverage option (i) In general Notwithstanding subparagraph (A), in the case of the supplemental coverage option described in paragraph (3)(B), the Corporation shall offer producers the opportunity to purchase coverage in combination with a policy or plan of insurance offered under this subtitle that would allow indemnities to be paid to a producer equal to a part of the deductible under the policy or plan of insurance— (I) at a county-wide level to the fullest extent practicable; or (II) in counties that lack sufficient data, on the basis of such larger geographical area as the Corporation determines to provide sufficient data for purposes of providing the coverage. (ii) Trigger Coverage offered under paragraph (3)(B) and clause (i) shall be triggered only if the losses in the area exceed 10 percent of normal levels (as determined by the Corporation). (iii) Coverage Subject to the trigger described in clause (ii), coverage offered under paragraph (3)(B) and clause (i) shall not exceed the difference between— (I) 90 percent; and (II) the coverage level selected by the producer for the underlying policy or plan of insurance. (iv) Calculation of premium Notwithstanding subsection (d), the premium for coverage offered under paragraph (3)(B) and clause (i) shall— (I) be sufficient to cover anticipated losses and a reasonable reserve; and (II) include an amount for operating and administrative expenses established in accordance with subsection (k)(4)(F). . (c) Payment of portion of premium by Corporation Section 508(e)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(2) ) is amended by adding at the end the following new subparagraph: (H) In the case of the supplemental coverage option authorized in subsection (c)(4)(C), the amount shall be equal to the sum of— (i) 60 percent of the additional premium associated with the coverage; and (ii) the amount determined under subsection (c)(4)(C)(vi)(II), subject to subsection (k)(4)(F), for the coverage to cover operating and administrative expenses. . (d) Effective date The Federal Crop Insurance Corporation shall begin to provide additional coverage based on an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis, not later than for the 2014 crop year. 3. Data sources for determination of actual production history Section 508(g)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(g)(2) ) is amended by adding at the end the following new subparagraph: (E) Sources of yield data To determine yields under this paragraph, the Corporation shall use data collected by the Risk Management Agency or the National Agricultural Statistics Service, or both. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1606ih/xml/BILLS-113hr1606ih.xml

113-hr-1607

I 113th CONGRESS 1st Session H. R. 1607 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mrs. Noem (for herself and Mr. Terry ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Crop Insurance Act to extend certain supplemental agricultural disaster assistance programs to cover fiscal years 2012 through 2018, and for other purposes. 1. Short title This Act may be cited as the Livestock Disaster Protection Act . 2. Extension of certain supplemental agricultural disaster assistance programs with new funding mechanism Section 531 of the Federal Crop Insurance Act ( 7 U.S.C. 1531 ) is amended to read as follows: 531. Supplemental agricultural disaster assistance (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 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 the period specified in subsection (f), 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 and avian predators; 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 75 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) 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 a qualifying drought or fire condition, as determined by the Secretary, the eligible livestock producer— (I) owned; (II) leased; (III) purchased; (IV) entered into a contract to purchase; (V) is a contract grower; or (VI) sold or otherwise disposed of due to qualifying drought conditions during— (aa) the current production year; or (bb) subject to paragraph (3)(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 qualifying drought or fire condition, 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 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 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 drought; (III) certifies grazing 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. (D) 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 (3)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of a drought or fire that diminishes the production of the grazing land or pastureland. (E) 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 (3)(D)(i). (2) Program For the period specified in subsection (f), the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide compensation for losses to eligible livestock producers due to grazing losses for covered livestock due to— (A) a drought condition, as described in paragraph (3); or (B) fire, as described in paragraph (4). (3) Assistance for losses due to drought conditions (A) Eligible losses (i) In general An eligible livestock producer may receive assistance under this subsection only for grazing losses for covered livestock that occur 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 subsection for grazing 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.). (B) Monthly payment rate (i) In general Except as provided in clause (ii), the payment rate for assistance under this paragraph for 1 month 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 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 2 monthly payments using the monthly payment rate determined under subparagraph (B); or (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 3 monthly payments using the monthly payment rate determined under subparagraph (B). (4) 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 grazing 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 (3)(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. (5) No duplicative payments (A) In general An eligible livestock producer may elect to receive assistance for grazing or pasture feed losses due to drought conditions under paragraph (3) or fire under paragraph (4), but not both for the same loss, as determined by the Secretary. (B) Relationship to other assistance An eligible livestock producer that receives assistance under this subsection may not also receive assistance for losses to crops on the same land with the same intended use. (d) Emergency assistance for livestock, honey bees, and farm-Raised fish (1) In general For each fiscal year of the period specified in subsection (f), the Secretary shall use not more than $20,000,000 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) Payment limitations (1) Definitions of legal entity and person In this subsection, 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) (as amended by section 1603 of the Food, Conservation, and Energy Act of 2008)). (2) 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 may not exceed $100,000 for any crop year. (3) Direct attribution Subsections (e) and (f) 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. (f) Effective period; retroactive effectiveness This section shall take effect as of October 1, 2011, and apply to losses described in subsections (b), (c), and (d) that are incurred during the seven-fiscal-year period beginning on that date and ending on September 30, 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1607ih/xml/BILLS-113hr1607ih.xml

113-hr-1608

I 113th CONGRESS 1st Session H. R. 1608 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Owens introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of Health and Human Services to promulgate regulations regarding the authorship, content, format, and dissemination of Patient Medication Information to ensure patients receive consistent and high-quality information about their prescription medications and are aware of the potential risks and benefits of prescription medications. 1. Short title This Act may be cited as the Cody Miller Initiative for Safer Prescriptions Act . 2. Patient medication information for prescription drugs Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 505D the following: 505E. Patient medication information for prescription drugs (a) In general Not later than 2 years after the date of enactment of this section, the Secretary shall issue regulations regarding the authorship, content, format, and dissemination requirements for patient medication information (referred to in this section as PMI ) for drugs subject to section 503(b)(1). (b) Content The regulations promulgated under subsection (a) shall require that the PMI with respect to a drug— (1) be scientifically accurate and based on the professional labeling approved by the Secretary and authoritative, peer-reviewed literature; and (2) includes nontechnical, understandable, plain language that is not promotional in tone or content, and contains at least— (A) the established name of drug, including the established name of such drug as a listed drug (as described in section 505(j)(2)(A)) and as a drug that is the subject of an approved abbreviated new drug application under section 505(j) or of an approved license for a biological product submitted under section 351(k) of the Public Health Service Act, if applicable; (B) drug uses and clinical benefits; (C) general directions for proper use; (D) contraindications, common side effects, and most serious risks of the drug, especially with respect to certain groups such as children, pregnant women, and the elderly; (E) measures patients may be able to take, if any, to reduce the side effects and risks of the drug; (F) when a patient should contact his or her health care professional; (G) instructions not to share medications, and, if any exist, key storage requirements, and recommendations relating to proper disposal of any unused portion of the drug; and (H) known clinically important interactions with other drugs and substances. (c) Timeliness, consistency, and accuracy The regulations promulgated under subsection (a) shall include standards related to— (1) performing timely updates of drug information as new drugs and new information becomes available; (2) ensuring that common information is applied consistently and simultaneously across similar drug products and for drugs within classes of medications in order to avoid patient confusion and harm; and (3) developing a process, including consumer testing, to assess the quality and effectiveness of PMI in ensuring that PMI promotes patient understanding and safe and effective medication use. (d) Electronic repository The regulations promulgated under subsection (a) shall provide for the development of a publicly accessible electronic repository for all PMI documents and content to facilitate the availability of PMI. . 3. Publication on internet Web site The Secretary of Health and Human Services shall publish on the Internet Web site of the Food and Drug Administration a link to the Daily Med Web site (http://dailymed.nlm.nih.gov/dailymed) (or any successor Web site).

https://www.govinfo.gov/content/pkg/BILLS-113hr1608ih/xml/BILLS-113hr1608ih.xml

113-hr-1609

I 113th CONGRESS 1st Session H. R. 1609 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Pascrell (for himself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Secretary of Education to make grants to support fire safety education programs on college campuses. 1. Short title This Act may be cited as the Campus Fire Safety Education Act of 2013 . 2. Purpose The purpose of this Act is to help provide fire safety education and training to students attending institutions of higher education. 3. Establishment of the campus fire safety education competitive grant program (a) Authorization of Grant Program From the amounts appropriated under section 7, the Secretary, in consultation with the Administrator, shall establish a grant program to award grants, on a competitive basis, to eligible entities for— (1) initiating, expanding, or improving fire safety education programs at institutions of higher education; and (2) increasing fire safety awareness among students enrolled at such institutions, including students living in off-campus housing. (b) Application To seek a grant under this Act, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Selection Priority In making grants under this Act, the Secretary shall give priority to eligible entities that plan to use grant funds received under this Act to initiate, expand, or improve fire safety education programs that include educational material specifically prepared for students with physical, sensory, or cognitive disabilities. (d) Grant period Grants under this Act shall be awarded for not longer than a 2-year period, and may be renewed for an additional 2-year period, at the Secretary’s discretion. (e) Grant size The Secretary shall ensure that grants awarded under this Act are of sufficient size and scope to enable grantees to carry out all required activities and otherwise meet the purpose of this Act, except that an eligible entity may not be awarded more than $250,000 per fiscal year under this Act. (f) Matching requirement An eligible entity receiving a grant under this Act shall provide non-Federal matching funds in an amount equal to not less than 25 percent of the costs of the activities for which assistance is sought. Such non-Federal matching funds may be in cash or in-kind. (g) Supplement not supplant Funds made available under this Act shall be used to supplement, not supplant, other Federal, State, or private funds that would otherwise be expended to carry out fire safety education programs. 4. Required uses of funds (a) Required Uses of Funds An eligible entity receiving a grant under this Act shall use grant funds to initiate, expand, or improve a fire safety education program that— (1) in the case of an eligible entity that is an institution of higher education, reaches, to the extent practicable, all students enrolled in the institution of higher education, including students living on-campus and off-campus; (2) is carried out in a manner to ensure maximum exposure to, increased awareness of, and effectuate change in behavior with respect to fire safety by students through— (A) conducting outreach to students at a minimum of twice per academic year (at the beginning of the fall and spring semesters, or the equivalent); and (B) measures that provide fire safety information to any student upon the request of the student; (3) includes minimum instruction with respect to— (A) awareness of fire behavior; (B) mechanisms of fire injury and death; (C) common ignition scenarios; (D) fire safety systems such as automatic fire sprinklers; (E) fire alarms; (F) fire extinguishers; (G) importance of means of egress; (H) fire prevention techniques that may prevent a fire from occurring (such as candle safety, cooking safety, and smoking safety); and (I) fire safety actions to be taken if a fire occurs to minimize the potential for death, injury, and property damage (such as knowing how to use a fire extinguisher, how to put out a cooking fire, calling 911, and evacuating); and (4) includes a mechanism for carrying out the evaluations described in subsection (b). (b) Evaluations Not later than 6 months after the end of an eligible entity’s grant period, the eligible entity shall— (1) conduct an evaluation on the effectiveness of the program carried out by the entity in increasing awareness or improving fire safety behavior at such entity; and (2) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. 5. Reports (a) Report to Congress Not later than 12 months after the date of receipt of the first report submitted pursuant to section 4(b)(2) and annually thereafter, the Secretary shall provide to Congress a report that includes the following: (1) The number and types of eligible entities receiving assistance under this Act. (2) The fire safety education programs being implemented with assistance under this Act and the costs of such programs. (3) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this Act in improving the fire safety knowledge of college students. (b) Best Practices report The Secretary, in consultation with the Administrator, shall use the information provided under subsection (a) to publish a report of best practices for initiating, expanding, or improving fire safety education programs that shall be made available to all institutions of higher education and other interested parties. 6. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the United States Fire Administration of the Federal Emergency Management Agency. (2) Fire safety education program The term fire safety education program means a program that provides fire safety and prevention activities. (3) Institution of higher education The term institution of higher education has the meaning given to such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Eligible entity The term eligible entity means an institution of higher education, or consortium of institutions of higher education located in the same State, in a collaborative partnership with a nonprofit organization or a public safety department. Such a collaborative partnership may also include 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 enrolled at the institution or institutions. (5) Secretary The term Secretary means the Secretary of Education. 7. Authorization of Appropriations There are authorized to be appropriated to carry out this Act $15,000,000 for each of the fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr1609ih/xml/BILLS-113hr1609ih.xml

113-hr-1610

I 113th CONGRESS 1st Session H. R. 1610 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Ribble (for himself, Mr. Walz , Mr. Gibbs , Mr. Rokita , Mr. Petri , and Mr. Duffy ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food, Conservation, and Energy Act of 2008 to authorize producers on a farm to produce fruits and vegetables for processing on the base acres of the farm. 1. Short title This Act may be cited as the Farming Flexibility Act of 2013 . 2. Production of fruits and vegetables for processing on covered commodity base acres (a) Mung beans and pulse crops Section 1107(b)(3)(B) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8717(b)(3)(B)) is amended by striking (other than mung beans and pulse crops) . (b) Authority for production of fruits and vegetables for processing Section 1107(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8717(d) ) is amended to read as follows: (d) Authority for production of fruits and vegetables for processing (1) Planting authorized Beginning with the 2014 crop year, notwithstanding paragraphs (1) and (2) of subsection (b) and in addition to the exceptions provided in subsection (c), producers on a farm may reduce the base acres for any covered commodity for the farm for a crop year by one acre for each acre used for the planting and production of fruits or vegetables (other than potatoes) for processing. (2) Contract and management requirements Producers on a farm shall— (A) demonstrate to the Secretary that the producers on the farm have entered into a contract to produce fruits and vegetables (other than potatoes) for processing; (B) agree to produce fruits and vegetables (other than potatoes) as part of a program of crop rotation on the farm to achieve agronomic and pest and disease management benefits; and (C) provide evidence of the disposition of the fruits or vegetables (other than potatoes). (3) Reversion to covered commodity base acres Each acre of a farm devoted to the planting and production of fruits or vegetables under paragraph (1) shall be included in the base acres for the covered commodity for the subsequent crop year, unless the producers on the farm make the election described in paragraph (1) for the subsequent crop year. (4) Recalculation of base acres (A) In general Subject to subparagraph (B), if the Secretary recalculates the base acres for a farm, the planting of fruits and vegetables under paragraph (1) shall be considered to be the same as the planting, prevented planting, or production of a covered commodity. (B) Prohibition Nothing in this paragraph provides authority for the Secretary to recalculate base acres for a farm. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1610ih/xml/BILLS-113hr1610ih.xml

113-hr-1611

I 113th CONGRESS 1st Session H. R. 1611 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Ribble 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 authorize the Secretary of Agriculture to use funds derived from conservation-related programs executed on National Forest System lands to utilize the Agriculture Conservation Experienced Services Program. 1. Forest Service participation in Agriculture Conservation Experienced Services Program The Secretary of Agriculture, acting through the Chief of the Forest Service, may use funds derived from conservation-related programs executed on National Forest System lands to utilize the Agriculture Conservation Experienced Services Program established pursuant to section 1252 of the Food Security Act of 1985 ( 16 U.S.C. 3851 ) to provide technical services for conservation-related programs and authorities carried out by the Secretary on National Forest System lands.

https://www.govinfo.gov/content/pkg/BILLS-113hr1611ih/xml/BILLS-113hr1611ih.xml

113-hr-1612

I 113th CONGRESS 1st Session H. R. 1612 IN THE HOUSE OF REPRESENTATIVES April 17, 2013 Mr. Rogers of Alabama (for himself, Mr. Aderholt , Mr. Bachus , Mr. Bonner , Mr. Brooks of Alabama , Mrs. Roby , and Ms. Sewell of Alabama ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to convey a parcel of land in Tuskegee, Alabama, to Tuskegee University, and for other purposes. 1. Findings Congress makes the following findings: (1) In 1922, Tuskegee University voted to donate three hundred acres of land to the United States to build a veterans’ hospital, a portion of which is described in section 2(a). (2) The property is administered by the Department of Veterans Affairs and has been used as space for the Tuskegee Veteran’s Hospital. (3) Tuskegee University (hereinafter referred to as the University ) is a State-related land grant institution of higher learning that intends to use the property described in section 2(a) to further the education and general welfare of its students. (4) As provided in section 2, the conveyance of the property to the University would promote the University’s educational mission and related purposes and result in savings to the Federal Government. 2. Land conveyance, Department of Veterans Affairs property, Tuskegee, Alabama (a) Conveyance authorized The Secretary of Veterans Affairs shall, without consideration, convey all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 64.5 acres located at 2400 Hospital Road, Tuskegee, Alabama, including building numbers 19–29, 50–51, 59–60, 62–63, 80, 94, 96, and 124, to Tuskegee University, for the purpose of permitting Tuskegee University to use the property to further the education and general welfare of its students. In carrying out the conveyance under this subsection, the Secretary may survey all or a portion of the property to be conveyed if the Secretary determines such a survey would be necessary or desirable. (b) Hazardous substances Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ), in the conveyance of the property under subsection (a), the Secretary shall be only required to meet the disclosure requirements for hazardous substances, pollutants, and contaminants, but otherwise shall not be required to remediate or abate the release of any hazardous substance, pollutant, or contaminant, including petroleum and petroleum derivatives. (c) Cooperative authority (1) Leases, contracts, and cooperative agreements authorized In conjunction with, or in addition to, the conveyance under subsection (a), the Secretary may enter into leases, contracts, and cooperative agreements with the University related to the conveyance authorized under subsection (a). (2) Sole source Notwithstanding division C of subtitle I of title 41, United States Code, or any other provision of law, the Secretary may lease real property from the University on a noncompetitive basis. (3) Non-exclusive authority The authority provided by this subsection is in addition to any other authority of the Secretary. (d) Additional terms and conditions The Secretary may require such reasonable terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States, except that the conveyance may not require further administrative or environmental analyses or examination.

https://www.govinfo.gov/content/pkg/BILLS-113hr1612ih/xml/BILLS-113hr1612ih.xml

113-hr-1613

I 113th CONGRESS 1st Session H. R. 1613 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Duncan of South Carolina (for himself, Mr. Hastings of Washington , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Foreign Affairs and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Outer Continental Shelf Lands Act to provide for the proper Federal management and oversight of transboundary hydrocarbon reservoirs, and for other purposes. 1. Short title This Act may be cited as the Outer Continental Shelf Transboundary Hydrocarbon Agreements Authorization Act . I Amendment to the Outer Continental Shelf Lands Act 101. Amendment to the Outer Continental Shelf Lands Act The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following: 32. Transboundary hydrocarbon agreements (a) Authorization The Secretary may implement the terms of any transboundary hydrocarbon agreement for the management of transboundary hydrocarbon reservoirs entered into by the President and approved by Congress. In implementing such an agreement, the Secretary shall protect the interests of the United States to promote domestic job creation and ensure the expeditious and orderly development and conservation of domestic mineral resources in accordance with all applicable United States laws governing the exploration, development, and production of hydrocarbon resources on the outer Continental Shelf. (b) Submission to congress (1) In general No later than 180 days after all parties to a transboundary hydrocarbon agreement have agreed to its terms, a transboundary hydrocarbon agreement that does not constitute a treaty in the judgment of the President shall be submitted by the Secretary to— (A) the Speaker of the House of Representatives; (B) the Majority Leader of the Senate; (C) the Chair of the Committee on Natural Resources of the House of Representatives; and (D) the Chair of the Committee on Energy and Natural Resources of the Senate. (2) Contents of submission The submission shall include— (A) any amendments to this Act or other Federal law necessary to implement the agreement; (B) an analysis of the economic impacts such an agreement and any amendments necessitated by the agreement will have on domestic exploration, development, and production of hydrocarbon resources on the outer Continental Shelf; and (C) a detailed description of any regulations expected to be issued by the Secretary to implement the agreement. (c) Implementation of specific transboundary agreements (1) Mexico The Secretary may take actions as necessary to implement the terms of the Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012, including— (A) approving unitization agreements and related agreements for the exploration, development, or production of oil and natural gas from transboundary reservoirs or geological structures; (B) making available, in the limited manner necessary under the agreement and subject to the protections of confidentiality provided by the agreement, information relating to the exploration, development, and production of oil and natural gas from a transboundary reservoir or geological structure that may otherwise be considered confidential, privileged, or proprietary information under law; (C) taking actions consistent with an expert determination under the agreement, provided that the expert determination proceedings were open to the public to the greatest extent practicable; and (D) ensuring that agents of a foreign government may not stop work or interfere with exploration, development, or production activities as approved by the Secretary. (2) Canada (3) Russia (4) Bahamas (5) Bermuda (d) Exemption from resources extraction reporting requirement Actions taken by a public company in accordance with any transboundary hydrocarbon agreement shall not constitute the commercial development of oil, natural gas, or minerals for purposes of section 13(q) of the Securities Exchange Act of 1934 (157 U.S.C. 78m(q)). (e) Savings provisions Nothing in this section shall be construed— (1) to authorize the Secretary to participate in any negotiations, conferences, or consultations with Cuba regarding exploration, development, or production of hydrocarbon resources in the Gulf of Mexico along the United States maritime border with Cuba or the area known by the Department of the Interior as the Eastern Gap ; or (2) as affecting the sovereign rights and the jurisdiction that the United States has under international law over the outer Continental Shelf which appertains to it. . II Approval of Transboundary Hydrocarbon Agreement 201. Approval of agreement with Mexico The Agreement between the United States of America and the United Mexican States Concerning Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico, signed at Los Cabos, February 20, 2012, is hereby approved.

https://www.govinfo.gov/content/pkg/BILLS-113hr1613ih/xml/BILLS-113hr1613ih.xml

113-hr-1614

I 113th CONGRESS 1st Session H. R. 1614 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 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 authorize agricultural producers to establish and contribute to tax-exempt farm risk management accounts. 1. Short title This Act may be cited as the Farm Risk Abatement and Mitigation Election Act of 2013 or the FRAME Act of 2013 . 2. Farm risk management accounts (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. FRAME accounts (a) Deduction allowed In the case of a qualified farmer, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a FRAME account of such individual. (b) Limitation The amount allowable as a deduction under subsection (a) shall not exceed the least of the following: (1) The taxable income of the taxpayer for the taxable year which is attributable to farming and ranching. (2) $50,000. (3) $500,000 reduced by the aggregate contributions of the taxpayer to all FRAME accounts of the taxpayer for all taxable years. (c) Qualified farmer For purposes of this section, the term qualified farmer means, with respect to any taxable year, any individual who, during such year— (1) was actively engaged in the trade or business of farming or ranching, and (2) has in effect an agreement with the Secretary of Agriculture with respect to each FRAME account of which the individual is an account beneficiary. (d) FRAME account For purposes of this section— (1) In general The term FRAME account means a trust created or organized in the United States as a FRAME account exclusively for the purpose of making qualified distributions, but only if the written governing instrument creating the trust meets the following requirements: (A) No contribution will be accepted unless it is in cash. (B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (D) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified distribution The term qualified distribution means any of the following amounts paid from a FRAME account to the account beneficiary: (A) Any distributions in a taxable year during which the gross income attributable to farm to which the FRAME account relates is less than 95 percent of the average gross income attributable to such farm for the 5 preceding taxable years, but only so much as does not exceed such difference. (B) Any distributions to the extent such distribution does not exceed amounts necessary to protect the solvency of the farm to which the FRAME account relates, as determined by the Secretary. (C) Any distributions to the extent such distributions do not exceed amounts paid or incurred to procure revenue or crop insurance with respect to the farm to which the FRAME account relates. (3) Account beneficiary The term account beneficiary means the individual on whose behalf the FRAME account was established. (4) Accounts per farm limitation The Secretary of Agriculture shall have in effect not more than 4 agreements for FRAME accounts with respect to any farm. The Secretary of Agriculture shall by regulation prescribe rules preventing the avoidance of the preceding limitation through use of multiple entities, related parties, division of farms, or de minimis ownership. (5) Other rules Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 408(g) (relating to community property laws). (D) Section 408(h) (relating to custodial accounts). (e) Tax treatment of accounts (1) In general A FRAME account is exempt from taxation under this subtitle unless such account has ceased to be a FRAME account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Termination of accounts If the account beneficiary ceases to engage in the trade or business of farming or ranching— (A) all FRAME accounts of such individual shall cease to be such accounts, and (B) the balance of all such accounts shall be treated as— (i) distributed to such individual, and (ii) not paid in a qualified distribution. (f) Tax treatment of distributions (1) In general Any amount paid or distributed out of a FRAME account (other than a rollover contribution described in paragraph (4)) shall be included in gross income. (2) Additional tax on non-qualified distributions (A) In general The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a FRAME account of such beneficiary which is not a qualified distribution shall be increased by 20 percent of the amount of such payment or distribution which is not a qualified distribution. (B) Exception for disability or death Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (3) Excess contributions returned before due date of return (A) In general If any excess contribution is contributed for a taxable year to a FRAME account of an individual, paragraph (2) shall not apply to distributions from the FRAME accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual’s return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution For purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution) which is not deductible under this section. (4) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general For purposes of this section, any amount paid or distributed from a FRAME account to the account beneficiary shall be treated as a qualified distribution to the extent the amount received is paid into a FRAME account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a FRAME account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a FRAME account which was not included in the individual's gross income because of the application of this paragraph. (5) Transfer of account incident to divorce The transfer of an individual’s interest in a FRAME account to an individual’s spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2) shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest shall, after such transfer, be treated as a FRAME account with respect to which such spouse is the account beneficiary. (6) Treatment after death of account beneficiary (A) Treatment in case of individual designated beneficiary If any individual acquires such beneficiary’s interest in a FRAME account by reason of being the designated beneficiary of such account at the death of the account beneficiary, such FRAME account shall be treated as if such individual were the account beneficiary. (B) Other cases (i) In general If, by reason of the death of the account beneficiary, any person acquires the account beneficiary’s interest in a FRAME account in a case to which subparagraph (A) does not apply— (I) such account shall cease to be a FRAME account as of the date of death, and (II) an amount equal to the fair market value of the assets in such account on such date shall be included if such person is not the estate of such beneficiary, in such person’s gross income for the taxable year which includes such date, or if such person is the estate of such beneficiary, in such beneficiary’s gross income for the last taxable year of such beneficiary. (ii) Deduction for estate taxes An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent or the decedent’s spouse) with respect to amounts included in gross income under clause (i) by such person. (g) Reports The Secretary may require the trustee of a FRAME account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, and such other matters as the Secretary determines appropriate. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. . (b) Deduction allowed whether or not individual itemizes other deductions Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) FRAME accounts The deduction allowed by section 224. . (c) Tax on excess contributions Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended— (1) by striking or at the end of subsection (a)(4), by inserting or at the end of subsection (a)(5), and by inserting after subsection (a)(5) the following new paragraph: (6) a FRAME account (within the meaning of section 224(d)), , and (2) by adding at the end the following new subsection: (h) Excess contributions to FRAME accounts For purposes of this section, in the case of FRAME accounts (within the meaning of section 224(d)), the term excess contribution means the sum of— (1) the aggregate amount contributed for the taxable year to the accounts (other than rollover contributions described in section 224(f)(4)) which is not allowable as a deduction under section 224 for such year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts with respect to which additional tax was imposed under section 224(f)(2), and (B) the excess (if any) of— (i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over (ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the FRAME account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed. . (d) Tax on prohibited transactions (1) Section 4975(c) of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following new paragraph: (7) Special rule for FRAME accounts An individual for whose benefit a FRAME account (within the meaning of section 224(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a FRAME account by reason of the application of section 224(e)(2) to such account. . (2) Section 4975(e)(1) of such Code is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: (F) a FRAME account described in section 224(d), . (e) Failure To provide reports on FRAME accounts Section 6693(a)(2) of such Code (relating to reports) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: (D) section 224(g) (relating to FRAME accounts), . (f) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following: Sec. 224. FRAME accounts. Sec. 225. Cross reference. . (g) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. FRAME contribution credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. FRAME contribution credit (a) General rule For purposes of section 38, in the case of a qualified farmer (as defined in section 224(c)), the FRAME contribution credit determined under this section for any taxable year is an amount equal to the applicable percentage of the taxpayer’s contributions to any FRAME account of the taxpayer. (b) Applicable percentage For purposes of subsection (a), the applicable percentage is— (1) in the case of the taxable year during which the first FRAME account of the taxpayer is established, and the 2nd and 3rd taxable years thereafter, 10 percent, (2) in the case of the 4th through 5th taxable years thereafter, 5 percent, and (3) in the case of the 7th through 9th taxable years thereafter, 3.5 percent. (c) Limitation Only contributions for which a deduction is allowed under section 224 shall be taken into account under this section. . (b) Credit made part of general business credit Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the FRAME contribution credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. FRAME contribution credit. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1614ih/xml/BILLS-113hr1614ih.xml

113-hr-1615

I 113th CONGRESS 1st Session H. R. 1615 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. McKinley (for himself and Ms. Kaptur ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for a study by the Institute of Medicine on gaps in mental health services and how these gaps can increase the risk of violent acts. 1. Short title This Act may be cited as the Examining America’s Mental Health Services Act of 2013 . 2. Study on gaps in mental health services (a) Study The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall enter into an agreement with the Institute of Medicine (or, if the Institute declines to enter into such an arrangement, another appropriate entity) to conduct a comprehensive study on— (1) gaps in mental health services, including treatment services, whether publicly or privately funded; and (2) how these gaps can increase the risk of violent acts. (b) Considerations The study under subsection (a) shall include consideration of— (1) gaps in mental health treatment services for adults and children with severe and persistent mental illness; (2) barriers to receiving mental health services that result in high rates of untreated mental illness; and (3) the availability of interventions such as assisted outpatient treatment designed to reach individuals with untreated severe mental illness. (c) Report The Secretary shall ensure that, not later than 12 months after the date of enactment of this Act— (1) the study under subsection (a) is completed; and (2) a report on the findings and conclusions of such study is submitted to the Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr1615ih/xml/BILLS-113hr1615ih.xml

113-hr-1616

I 113th CONGRESS 1st Session H. R. 1616 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. McKinley (for himself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on the Budget , Science, Space, and Technology , Transportation and Infrastructure , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote energy savings in residential and commercial buildings and industry, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Energy Savings and Industrial Competitiveness 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. Definition of Secretary. TITLE I—Buildings Subtitle A—Building energy codes Sec. 101. Greater energy efficiency in building codes. Subtitle B—Worker training and capacity building Sec. 111. Building training and assessment centers. TITLE II—Private commercial building efficiency financing Sec. 201. Private commercial building efficiency financing. TITLE III—Industrial efficiency and competitiveness Subtitle A—Manufacturing energy efficiency Sec. 301. Purposes. Sec. 302. Future of Industry program. Sec. 303. Sustainable manufacturing initiative. Sec. 304. Conforming amendments. Subtitle B—Supply Star Sec. 311. Supply Star. Subtitle C—Electric motor rebate program Sec. 321. Energy saving motor control rebate program. Subtitle D—Transformer rebate program Sec. 331. Energy efficient transformer rebate program. TITLE IV—Federal agency energy efficiency Sec. 401. Adoption of information and communications technology power savings techniques by Federal agencies. Sec. 402. Availability of funds for design updates. Sec. 403. Natural gas and electric vehicle infrastructure. Sec. 404. Federal data center consolidation. TITLE V—Miscellaneous Sec. 501. Budgetary effects. Sec. 502. Advance appropriations required. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Energy. I Buildings A Building energy codes 101. Greater energy efficiency in building codes (a) Definitions Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 ) is amended— (1) by striking paragraph (14) and inserting the following: (14) Model building energy code The term model building energy code means a voluntary building energy code and standards developed and updated through a consensus process among interested persons, such as the IECC or the code used by— (A) the Council of American Building Officials; (B) the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or (C) other appropriate organizations. ; and (2) by adding at the end the following: (17) IECC The term IECC means the International Energy Conservation Code. (18) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). . (b) State building energy efficiency codes Section 304 of the Energy Conservation and Production Act ( 42 U.S.C. 6833 ) is amended to read as follows: 304. Updating State building energy efficiency codes (a) In general The Secretary shall— (1) encourage and support the adoption of building energy codes by States, Indian tribes, and, as appropriate, by local governments that meet or exceed the model building energy codes, or achieve equivalent or greater energy savings; and (2) support full compliance with the State and local codes. (b) State and Indian tribe certification of building energy code updates (1) Review and updating of codes by each State and Indian tribe (A) In general Not later than 2 years after the date on which a model building energy code is updated, each State or Indian tribe shall certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively. (B) Demonstration The certification shall include a demonstration of whether or not the energy savings for the code provisions that are in effect throughout the State or Indian tribal territory meet or exceed— (i) the energy savings of the updated model building energy code; or (ii) the targets established under section 307(b)(2). (C) No model building energy code update If a model building energy code is not updated by a target date established under section 307(b)(2)(D), each State or Indian tribe shall, not later than 2 years after the specified date, certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively, to meet or exceed the target in section 307(b)(2). (2) Validation by Secretary Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall— (A) determine whether the code provisions of the State or Indian tribe, respectively, meet the criteria specified in paragraph (1); and (B) if the determination is positive, validate the certification. (c) Improvements in compliance with building energy codes (1) Requirement (A) In general Not later than 3 years after the date of a certification under subsection (b), each State and Indian tribe shall certify whether or not the State and Indian tribe, respectively, has— (i) achieved full compliance under paragraph (3) with the applicable certified State and Indian tribe building energy code or with the associated model building energy code; or (ii) made significant progress under paragraph (4) toward achieving compliance with the applicable certified State and Indian tribe building energy code or with the associated model building energy code. (B) Repeat certifications If the State or Indian tribe certifies progress toward achieving compliance, the State or Indian tribe shall repeat the certification until the State or Indian tribe certifies that the State or Indian tribe has achieved full compliance, respectively. (2) Measurement of compliance A certification under paragraph (1) shall include documentation of the rate of compliance based on— (A) independent inspections of a random sample of the buildings covered by the code in the preceding year; or (B) an alternative method that yields an accurate measure of compliance. (3) Achievement of compliance A State or Indian tribe shall be considered to achieve full compliance under paragraph (1) if— (A) at least 90 percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph (1), or achieves equivalent or greater energy savings level; or (B) the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph (1) in the preceding year, compared to a baseline of comparable buildings that meet this code, is not more than 5 percent of the estimated energy use of all buildings covered by this code during the preceding year. (4) Significant progress toward achievement of compliance A State or Indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph (1) if the State or Indian tribe— (A) has developed and is implementing a plan for achieving compliance during the 8-year period beginning on the date of enactment of this paragraph, including annual targets for compliance and active training and enforcement programs; and (B) has met the most recent target under subparagraph (A). (5) Validation by Secretary Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall— (A) determine whether the State or Indian tribe has demonstrated meeting the criteria of this subsection, including accurate measurement of compliance; and (B) if the determination is positive, validate the certification. (d) States or Indian tribes that do not achieve compliance (1) Reporting A State or Indian tribe that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on— (A) the status of the State or Indian tribe with respect to meeting the requirements and submitting the certification; and (B) a plan for meeting the requirements and submitting the certification. (2) Federal support For any State or Indian tribe for which the Secretary has not validated a certification by a deadline under subsection (b) or (c), the lack of the certification may be a consideration for Federal support authorized under this section for code adoption and compliance activities. (3) Local government In any State or Indian tribe for which the Secretary has not validated a certification under subsection (b) or (c), a local government may be eligible for Federal support by meeting the certification requirements of subsections (b) and (c). (4) Annual reports by Secretary (A) In general The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on— (i) the status of model building energy codes; (ii) the status of code adoption and compliance in the States and Indian tribes; (iii) implementation of this section; and (iv) improvements in energy savings over time as result of the targets established under section 307(b)(2). (B) Impacts The report shall include estimates of impacts of past action under this section, and potential impacts of further action, on— (i) upfront financial and construction costs, cost benefits and returns (using investment analysis), and lifetime energy use for buildings; (ii) resulting energy costs to individuals and businesses; and (iii) resulting overall annual building ownership and operating costs. (e) Technical assistance to States and Indian tribes The Secretary shall provide technical assistance to States and Indian tribes to implement the goals and requirements of this section, including procedures and technical analysis for States and Indian tribes— (1) to improve and implement State residential and commercial building energy codes; (2) to demonstrate that the code provisions of the States and Indian tribes achieve equivalent or greater energy savings than the model building energy codes and targets; (3) to document the rate of compliance with a building energy code; and (4) to otherwise promote the design and construction of energy efficient buildings. (f) Availability of incentive funding (1) In general The Secretary shall provide incentive funding to States and Indian tribes— (A) to implement the requirements of this section; (B) to improve and implement residential and commercial building energy codes, including increasing and verifying compliance with the codes and training of State, tribal, and local building code officials to implement and enforce the codes; and (C) to promote building energy efficiency through the use of the codes. (2) Additional funding Additional funding shall be provided under this subsection for implementation of a plan to achieve and document full compliance with residential and commercial building energy codes under subsection (c)— (A) to a State or Indian tribe for which the Secretary has validated a certification under subsection (b) or (c); and (B) in a State or Indian tribe that is not eligible under subparagraph (A), to a local government that is eligible under this section. (3) Training Of the amounts made available under this subsection, the State may use amounts required, but not to exceed $750,000 for a State, to train State and local building code officials to implement and enforce codes described in paragraph (2). (4) Local governments States may share grants under this subsection with local governments that implement and enforce the codes. (g) Stretch codes and advanced standards (1) In general The Secretary shall provide technical and financial support for the development of stretch codes and advanced standards for residential and commercial buildings for use as— (A) an option for adoption as a building energy code by local, tribal, or State governments; and (B) guidelines for energy-efficient building design. (2) Targets The stretch codes and advanced standards shall be designed— (A) to achieve substantial energy savings compared to the model building energy codes; and (B) to meet targets under section 307(b), if available, at least 3 to 6 years in advance of the target years. (h) Studies The Secretary, in consultation with building science experts from the National Laboratories and institutions of higher education, designers and builders of energy-efficient residential and commercial buildings, code officials, and other stakeholders, shall undertake a study of the feasibility, impact, economics, and merit of— (1) code improvements that would require that buildings be designed, sited, and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction, as advances are achieved in energy-saving technologies; (2) code procedures to incorporate measured lifetimes, not just first-year energy use, in trade-offs and performance calculations; and (3) legislative options for increasing energy savings from building energy codes, including additional incentives for effective State and local action, and verification of compliance with and enforcement of a code other than by a State or local government. (i) Effect on other laws Nothing in this section or section 307 supersedes or modifies the application of sections 321 through 346 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 et seq. ). (j) Authorization of appropriations There are authorized to be appropriated to carry out this section and section 307 $200,000,000, to remain available until expended. . (c) Federal building energy efficiency standards Section 305 of the Energy Conservation and Production Act ( 42 U.S.C. 6834 ) is amended by striking voluntary building energy code each place it appears in subsections (a)(2)(B) and (b) and inserting model building energy code . (d) Model building energy codes Section 307 of the Energy Conservation and Production Act ( 42 U.S.C. 6836 ) is amended to read as follows: 307. Support for model building energy codes (a) In general The Secretary shall support the updating of model building energy codes. (b) Targets (1) In general The Secretary shall support the updating of the model building energy codes to enable the achievement of aggregate energy savings targets established under paragraph (2). (2) Targets (A) In general The Secretary shall work with State, Indian tribes, local governments, nationally recognized code and standards developers, and other interested parties to support the updating of model building energy codes by establishing one or more aggregate energy savings targets to achieve the purposes of this section. (B) Separate targets The Secretary may establish separate targets for commercial and residential buildings. (C) Baselines The baseline for updating model building energy codes shall be the 2009 IECC for residential buildings and ASHRAE Standard 90.1–2010 for commercial buildings. (D) Specific years (i) In general Targets for specific years shall be established and revised by the Secretary through rulemaking and coordinated with nationally recognized code and standards developers at a level that— (I) is at the maximum level of energy efficiency that is technologically feasible and life-cycle cost effective, while accounting for the economic considerations under paragraph (4); (II) is higher than the preceding target; and (III) promotes the achievement of commercial and residential high-performance buildings through high performance energy efficiency (within the meaning of section 401 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17061 )). (ii) Initial targets Not later than 1 year after the date of enactment of this clause, the Secretary shall establish initial targets under this subparagraph. (iii) Different target years Subject to clause (i), prior to the applicable year, the Secretary may set a later target year for any of the model building energy codes described in subparagraph (A) if the Secretary determines that a target cannot be met. (iv) Small business When establishing targets under this paragraph through rulemaking, the Secretary shall ensure compliance with the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note; Public Law 104–121). (3) Appliance standards and other factors affecting building energy use In establishing building code targets under paragraph (2), the Secretary shall develop and adjust the targets in recognition of potential savings and costs relating to— (A) efficiency gains made in appliances, lighting, windows, insulation, and building envelope sealing; (B) advancement of distributed generation and on-site renewable power generation technologies; (C) equipment improvements for heating, cooling, and ventilation systems; (D) building management systems and SmartGrid technologies to reduce energy use; and (E) other technologies, practices, and building systems that the Secretary considers appropriate regarding building plug load and other energy uses. (4) Economic considerations In establishing and revising building code targets under paragraph (2), the Secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners, including a return on investment analysis. (c) Technical assistance to model building energy code-Setting and standard development organizations (1) In general The Secretary shall, on a timely basis, provide technical assistance to model building energy code-setting and standard development organizations consistent with the goals of this section. (2) Assistance The assistance shall include, as requested by the organizations, technical assistance in— (A) evaluating code or standards proposals or revisions; (B) building energy analysis and design tools; (C) building demonstrations; (D) developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes; (E) performance-based standards; (F) evaluating economic considerations under subsection (b)(4); and (G) developing model building energy codes by Indian tribes in accordance with tribal law. (3) Amendment proposals The Secretary may submit timely model building energy code amendment proposals to the model building energy code-setting and standard development organizations, with supporting evidence, sufficient to enable the model building energy codes to meet the targets established under subsection (b)(2). (4) Analysis methodology The Secretary shall make publicly available the entire calculation methodology (including input assumptions and data) used by the Secretary to estimate the energy savings of code or standard proposals and revisions. (d) Determination (1) Revision of model building energy codes If the provisions of the IECC or ASHRAE Standard 90.1 regarding building energy use are revised, the Secretary shall make a preliminary determination not later than 90 days after the date of the revision, and a final determination not later than 15 months after the date of the revision, on whether or not the revision will— (A) improve energy efficiency in buildings compared to the existing model building energy code; and (B) meet the applicable targets under subsection (b)(2). (2) Codes or standards not meeting targets (A) In general If the Secretary makes a preliminary determination under paragraph (1)(B) that a code or standard does not meet the targets established under subsection (b)(2), the Secretary may at the same time provide the model building energy code or standard developer with proposed changes that would result in a model building energy code that meets the targets and with supporting evidence, taking into consideration— (i) whether the modified code is technically feasible and life-cycle cost effective; (ii) available appliances, technologies, materials, and construction practices; and (iii) the economic considerations under subsection (b)(4). (B) Incorporation of changes (i) In general On receipt of the proposed changes, the model building energy code or standard developer shall have an additional 270 days to accept or reject the proposed changes of the Secretary to the model building energy code or standard for the Secretary to make a final determination. (ii) Final determination A final determination under paragraph (1) shall be on the modified model building energy code or standard. (e) Administration In carrying out this section, the Secretary shall— (1) publish notice of targets and supporting analysis and determinations under this section in the Federal Register to provide an explanation of and the basis for such actions, including any supporting modeling, data, assumptions, protocols, and cost-benefit analysis, including return on investment; and (2) provide an opportunity for public comment on targets and supporting analysis and determinations under this section. (f) Voluntary codes and standards Notwithstanding any other provision of this section, any model building code or standard established under this section shall not be binding on a State, local government, or Indian tribe as a matter of Federal law. . B Worker training and capacity building 111. Building training and assessment centers (a) In general The Secretary shall provide grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) and Tribal Colleges or Universities (as defined in section 316(b) of that Act ( 20 U.S.C. 1059c(b) )) to establish building training and assessment centers— (1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings; (2) to promote the application of emerging concepts and technologies in commercial and institutional buildings; (3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation; (4) to assist institutions of higher education and Tribal Colleges or Universities in training building technicians; (5) to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings, particularly energy-intensive buildings; and (6) to coordinate with and assist State-accredited technical training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States. (b) Coordination and nonduplication (1) In general The Secretary shall coordinate the program with the industrial research and assessment centers program and with other Federal programs to avoid duplication of effort. (2) Collocation To the maximum extent practicable, building, training, and assessment centers established under this section shall be collocated with Industrial Assessment Centers. II Private commercial building efficiency financing 201. Private commercial building efficiency financing (a) In general The Secretary shall establish a program to be known as the Commercial Building Energy Efficiency Financing Initiative under which the Secretary shall provide grants to States (as defined in section 3 of the Energy Policy and Conservation Act ( 42 U.S.C. 6202 )) to establish or expand programs to promote the financing of energy efficiency retrofit projects for private sector and commercial buildings. (b) Applications A State may apply to the Secretary for a grant under this section to establish or expand a program described in subsection (a), including— (1) a commercial Property Assessed Clean Energy (PACE) financing program; (2) a credit enhancement structure that is designed to mitigate the effects of default, including a loan guarantee program, loan loss reserve program, collateral or subordinated capital program, or other program; (3) a revolving loan fund; (4) a program to promote the use of energy savings performance contracts or utility energy service contracts, or both; (5) a utility on-bill financing or repayment program; (6) an interest buy-down program; (7) a secondary market financing program; (8) a leasing structure that recognizes energy costs and addresses split-incentives; (9) an educational program involving commercial lenders, energy service companies, commercial building owners, and other stakeholders established— (A) to provide information to the community regarding program and project options and outcomes; and (B) to build consensus on approaches to greater energy efficiency investments; and (10) any other activity that will significantly increase the total investment in, and energy savings from, building retrofit projects and programs. (c) Administration (1) In general A State receiving a grant under this section shall give a higher priority to programs and projects that— (A) leverage private sources of funding; and (B) aim explicitly to expand the use of energy efficiency project financing using private sources of funding, including philanthropic and other institutional investment. (2) Other actions A State receiving a grant under this section is encouraged to consider establishing such other appropriate policies, incentives, or actions that will advance the purposes of this section. (d) Evaluation of programs The Secretary shall evaluate applications from States under this section on the basis of— (1) the likelihood that a proposed program or activity will— (A) be established or expanded; (B) increase the total investment and energy savings of the retrofit projects to be supported; and (C) increase the total investment and energy savings in a State or region in which investments and energy savings have the greatest potential for growth as compared to other States or regions; and (2) other factors that will advance the purposes of this section, as determined by the Secretary. (e) Reports (1) In general Not later than 2 years after the date of the receipt of a grant under this section, a State shall submit to the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report on the performance of programs and activities carried out with the grant. (2) Data (A) In general A State receiving a grant under this section and the Secretary shall cooperate to collect and share data resulting from programs and activities carried out under this section. (B) Department databases The Secretary shall incorporate data described in subparagraph (A) into appropriate databases of the Department of Energy, with provisions for the protection of confidential business data. (f) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $250,000,000 for the period of fiscal years 2015 through 2020, to remain available until expended. (2) Allocation Of the amount made available for a fiscal year under paragraph (1)— (A) 75 percent of the amount shall be allocated on a formula-basis that is consistent with the formula used to allocate funds for State energy conservation programs established under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. ), as determined by the Secretary; and (B) 25 percent of the amount shall be distributed by the Secretary consistent with the evaluation criteria established under subsection (d). (3) State energy offices Funds provided to a State under this section shall be provided to the office within the State that is responsible for developing the State energy plan for the State under part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq. ). III Industrial efficiency and competitiveness A Manufacturing energy efficiency 301. Purposes The purposes of this subtitle are— (1) to reform and reorient the industrial efficiency programs of the Department of Energy; (2) to establish a clear and consistent authority for industrial efficiency programs of the Department; (3) to accelerate the deployment of technologies and practices that will increase industrial energy efficiency and improve productivity; (4) to accelerate the development and demonstration of technologies that will assist the deployment goals of the industrial efficiency programs of the Department and increase manufacturing efficiency; (5) to stimulate domestic economic growth and improve industrial productivity and competitiveness; and (6) to strengthen partnerships between Federal and State governmental agencies and the private and academic sectors. 302. Future of Industry program (a) In general Section 452 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111 ) is amended by striking the section heading and inserting the following: Future of Industry program . (b) Definition of energy service provider Section 452(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111(a) ) is amended— (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (2) by inserting after paragraph (2): (3) Energy service provider The term energy service provider means any business providing technology or services to improve the energy efficiency, power factor, or load management of a manufacturing site or other industrial process in an energy-intensive industry, or any utility operating under a utility energy service project. . (c) Industrial research and assessment centers (1) In general Section 452(e) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111(e) ) is amended— (A) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately; (B) by striking The Secretary and inserting the following: (1) In general The Secretary ; (C) in subparagraph (A) (as redesignated by subparagraph (A)), by inserting before the semicolon at the end the following: , including assessments of sustainable manufacturing goals and the implementation of information technology advancements for supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes ; and (D) by adding at the end the following: (2) Coordination (A) In general To increase the value and capabilities of the industrial research and assessment centers, the centers shall— (i) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology; (ii) coordinate with the Building Technologies Program of the Department of Energy to provide building assessment services to manufacturers; (iii) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise and technologies of the National Laboratories for national industrial and manufacturing needs; (iv) increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency, power factor, and load management; (v) identify opportunities for reducing greenhouse gas emissions; and (vi) promote sustainable manufacturing practices for small- and medium-sized manufacturers. (3) Outreach The Secretary shall provide funding for— (A) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and (B) coordination activities by each industrial research and assessment center to leverage efforts with— (i) Federal and State efforts; (ii) the efforts of utilities and energy service providers; (iii) the efforts of regional energy efficiency organizations; and (iv) the efforts of other industrial research and assessment centers. (4) Workforce training (A) In general The Secretary shall pay the Federal share of associated internship programs under which students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers. (B) Federal share The Federal share of the cost of carrying out internship programs described in subparagraph (A) shall be 50 percent. (5) Small business loans The Administrator of the Small Business Administration shall, to the maximum extent practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act ( 15 U.S.C. 631 et seq. ) to implement recommendations of industrial research and assessment centers established under paragraph (1). (6) Advanced manufacturing steering committee The Secretary shall establish an advisory steering committee to provide recommendations to the Secretary on planning and implementation of the Advanced Manufacturing Office of the Department of Energy. . 303. Sustainable manufacturing initiative (a) In general Part E of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6341 ) is amended by adding at the end the following: 376. Sustainable manufacturing initiative (a) In general As part of the Office of Energy Efficiency and Renewable Energy, the Secretary, on the request of a manufacturer, shall conduct onsite technical assessments to identify opportunities for— (1) maximizing the energy efficiency of industrial processes and cross-cutting systems; (2) preventing pollution and minimizing waste; (3) improving efficient use of water in manufacturing processes; (4) conserving natural resources; and (5) achieving such other goals as the Secretary determines to be appropriate. (b) Coordination The Secretary shall carry out the initiative in coordination with the private sector and appropriate agencies, including the National Institute of Standards and Technology, to accelerate adoption of new and existing technologies and processes that improve energy efficiency. (c) Research and development program for sustainable manufacturing and industrial technologies and processes As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants, reduce pollution, and conserve natural resources. . (b) Table of contents The table of contents of the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the items relating to part E of title III the following: Sec. 376. Sustainable manufacturing initiative. . 304. Conforming amendments (a) Section 106 of the Energy Policy Act of 2005 ( 42 U.S.C. 15811 ) is repealed. (b) Sections 131, 132, 133, 2103, and 2107 of the Energy Policy Act of 1992 ( 42 U.S.C. 6348 , 6349, 6350, 13453, 13456) are repealed. (c) Section 2101(a) of the Energy Policy Act of 1992 ( 42 U.S.C. 13451(a) ) is amended in the third sentence by striking sections 2102, 2103, 2104, 2105, 2106, 2107, and 2108 and inserting sections 2102, 2104, 2105, 2106, and 2108, section 376 of the Energy Policy and Conservation Act, . B Supply Star 311. Supply Star The Energy Policy and Conservation Act is amended by inserting after section 324A ( 42 U.S.C. 6294a ) the following: 324B. Supply Star Program (a) In general There is established within the Department of Energy a Supply Star program to identify and promote practices, recognize companies, and, as appropriate, recognize products that use highly efficient supply chains in a manner that conserves energy, water, and other resources. (b) Coordination In carrying out the program described in subsection (a), the Secretary shall— (1) consult with other appropriate agencies; and (2) coordinate efforts with the Energy Star program established under section 324A. (c) Duties In carrying out the Supply Star program described in subsection (a), the Secretary shall— (1) promote practices, recognize companies, and, as appropriate, recognize products that comply with the Supply Star program as the preferred practices, companies, and products in the marketplace for maximizing supply chain efficiency; (2) work to enhance industry and public awareness of the Supply Star program; (3) collect and disseminate data on supply chain energy resource consumption; (4) develop and disseminate metrics, processes, and analytical tools (including software) for evaluating supply chain energy resource use; (5) develop guidance at the sector level for improving supply chain efficiency; (6) work with domestic and international organizations to harmonize approaches to analyzing supply chain efficiency, including the development of a consistent set of tools, templates, calculators, and databases; and (7) work with industry, including small businesses, to improve supply chain efficiency through activities that include— (A) developing and sharing best practices; and (B) providing opportunities to benchmark supply chain efficiency. (d) Evaluation In any evaluation of supply chain efficiency carried out by the Secretary with respect to a specific product, the Secretary shall consider energy consumption and resource use throughout the entire lifecycle of a product, including production, transport, packaging, use, and disposal. (e) Grants and Incentives (1) In general The Secretary may award grants or other forms of incentives on a competitive basis to eligible entities, as determined by the Secretary, for the purposes of— (A) studying supply chain energy resource efficiency; and (B) demonstrating and achieving reductions in the energy resource consumption of commercial products through changes and improvements to the production supply and distribution chain of the products. (2) Use of information Any information or data generated as a result of the grants or incentives described in paragraph (1) shall be used to inform the development of the Supply Star Program. (f) Training The Secretary shall use funds to support professional training programs to develop and communicate methods, practices, and tools for improving supply chain efficiency. (g) Effect of impact on climate change For purposes of this section, the impact on climate change shall not be a factor in determining supply chain efficiency. (h) Effect of outsourcing of American jobs For purposes of this section, the outsourcing of American jobs in the production of a product shall not count as a positive factor in determining supply chain efficiency. (i) Authorization of Appropriations There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2014 through 2023. . C Electric motor rebate program 321. Energy saving motor control rebate program (a) Establishment Not later than January 1, 2014, the Secretary shall establish a program to provide rebates for expenditures made by entities for the purchase and installation of a new constant speed electric motor control that reduces motor energy use by not less than 5 percent. (b) Requirements (1) Application To be eligible to receive a rebate under this section, an entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including— (A) demonstrated evidence that the entity purchased a constant speed electric motor control that reduces motor energy use by not less than 5 percent; and (B) the physical nameplate of the installed motor of the entity to which the energy saving motor control is attached. (2) Authorized amount of rebate The Secretary may provide to an entity that meets the requirements of paragraph (1) a rebate the amount of which shall be equal to the product obtained by multiplying— (A) the nameplate horsepower of the electric motor to which the energy saving motor control is attached; and (B) $25. (c) Authorization of Appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 and 2015, to remain available until expended. D Transformer rebate program 331. Energy efficient transformer rebate program (a) Definition of qualified transformer In this section, the term qualified transformer means a transformer that meets or exceeds the National Electrical Manufacturers Association (NEMA) Premium Efficiency designation, calculated to 2 decimal points, as having 30 percent fewer losses than the NEMA TP–1–2002 efficiency standard for a transformer of the same number of phases and capacity, as measured in kilovolt-amperes. (b) Establishment Not later than January 1, 2014, the Secretary shall establish a program under which rebates are provided for expenditures made by owners of industrial or manufacturing facilities, commercial buildings, and multifamily residential buildings for the purchase and installation of a new energy efficient transformers. (c) Requirements (1) Application To be eligible to receive a rebate under this section, an owner shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including demonstrated evidence that the owner purchased a qualified transformer. (2) Authorized amount of rebate For qualified transformers, rebates, in dollars per kilovolt-ampere (referred to in this paragraph as kVA ) shall be— (A) for 3-phase transformers— (i) with a capacity of not greater than 10 kVA, 15; (ii) with a capacity of not less than 10 kVA and not greater than 100 kVA, the difference between 15 and the quotient obtained by dividing— (I) the difference between— (aa) the capacity of the transformer in kVA; and (bb) 10; by (II) 9; and (iii) with a capacity greater than or equal to 100 kVA, 5; and (B) for single-phase transformers, 75 percent of the rebate for a 3-phase transformer of the same capacity. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 and 2015, to remain available until expended. IV Federal agency energy efficiency 401. Adoption of information and communications technology power savings techniques by Federal agencies (a) In general Not later than 360 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Administrator of General Services, shall issue guidance for Federal agencies to employ advanced tools promoting energy efficiency and energy savings through the use of information and communications technologies, including computer hardware, energy efficiency software, and power management tools. (b) Reports on plans and savings Not later than 180 days after the date of the issuance of the guidance under subsection (a), each Federal agency shall submit to the Secretary a report that describes— (1) the plan of the agency for implementing the guidance within the agency; and (2) estimated energy and financial savings from employing the tools and processes described in subsection (a). 402. Availability of funds for design updates Section 3307 of title 40, United States Code, is amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and (2) by inserting after subsection (c) the following: (d) Availability of funds for design updates (1) In general Subject to paragraph (2), for any project for which congressional approval is received under subsection (a) and for which the design has been substantially completed but construction has not begun, the Administrator of General Services may use appropriated funds to update the project design to meet applicable Federal building energy efficiency standards established under section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) and other requirements established under section 3312. (2) Limitation The use of funds under paragraph (1) shall not exceed 125 percent of the estimated energy or other cost savings associated with the updates as determined by a life cycle cost analysis under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254). . 403. Natural gas and electric vehicle infrastructure Section 804(4) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c(4) ) is amended— (1) in subparagraph (A), by striking or after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (C) a measure to support the use of natural gas vehicles and electric vehicles or the fueling or charging infrastructure necessary for natural gas vehicles and electric vehicles, including the use of utility energy service contracts to support those vehicles or infrastructure. . 404. Federal data center consolidation Not later than 180 days after the date of enactment of this Act, the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget shall develop and publish a goal for the total amount of planned energy and cost savings and increased productivity by the Federal Government through the consolidation of Federal data centers during the 5-year period beginning on the date of enactment of this Act, which shall include a breakdown on a year-by-year basis of the projected savings and productivity gains. V Miscellaneous 501. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. 502. Advance appropriations required The authorization of amounts under this Act and the amendments made by this Act shall be effective for any fiscal year only to the extent and in the amount provided in advance in appropriations Acts.

https://www.govinfo.gov/content/pkg/BILLS-113hr1616ih/xml/BILLS-113hr1616ih.xml

113-hr-1617

I 113th CONGRESS 1st Session H. R. 1617 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Ms. Schakowsky (for herself, Mr. Conyers , Mr. Cummings , Mr. Danny K. Davis of Illinois , Ms. Edwards , Mr. Holt , Mr. Honda , Mr. Johnson of Georgia , Ms. Lee of California , Ms. Moore , Mr. Rangel , Mr. Ellison , Ms. Roybal-Allard , Ms. Brown of Florida , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Natural Resources , Agriculture , the Judiciary , Science, Space, and Technology , 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 create an emergency jobs program that will fund 2,242,000 positions during fiscal years 2014 and 2015. 1. Short title This Act may be cited as the Emergency Jobs to Restore the American Dream Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—School Improvement Corps Sec. 101. Purpose. Sec. 102. Definitions. Subtitle A—Grants for modernization, renovation, or repair of public school facilities Sec. 111. Purpose. Sec. 112. Allocation of funds. Sec. 113. Allowable uses of funds. Sec. 114. Priority projects. Subtitle B—Grants for maintenance Costs Sec. 115. Allocation to States. Sec. 116. Allowable uses of funds. Subtitle C—General provisions Sec. 121. Supplement, not supplant. Sec. 122. Prohibition regarding State aid. Sec. 123. Maintenance of effort. Sec. 124. Special rules on contracting. Sec. 125. Use of American iron, steel, and manufactured goods. Sec. 126. Labor standards; compliance with existing statutes. Sec. 127. Charter schools. Sec. 128. Green schools. Sec. 129. Reporting. Sec. 130. Special rules. Sec. 131. Promotion of employment experiences. Sec. 132. Availability of funds. Sec. 133. Alternate distribution of funds. Title II—Student Jobs Corps Sec. 201. Student Jobs Corps. Title III—Park Improvement Corps Sec. 301. Appropriation of additional funds for Public Lands Corps. Title IV—Neighborhood Heroes Corps Sec. 401. Teacher Corps. Sec. 402. Appropriation of additional funds for Community Oriented Policing Services. Sec. 403. Firefighters Corps. Title V—Health Care Corps Sec. 501. Purpose. Sec. 502. Health care and long-term care providers. Sec. 503. Supplement, not supplant. Title VI—Community Corps Sec. 601. Purpose. Sec. 602. Community Corps. Sec. 603. Application. Sec. 604. Activities of the Community Corps. Sec. 605. Hiring and preferences. Sec. 606. Additional requirements for States and units of general local government. Sec. 607. Employment status and compensation. Sec. 608. Nondisplacement of existing employees. Sec. 609. Dispute resolutions, whistleblower hotline, and enforcement by the Secretary. Sec. 610. Definitions. Title VII—Child Development Corps Sec. 701. Purpose. Sec. 702. Child Development Corps. Title VIII—General Provisions Sec. 801. General requirements for entities receiving funding under this Act. Sec. 802. Reporting. Sec. 803. Hiring and preferences. Sec. 804. Flexibility on hiring. Sec. 805. Nondisplacement. Sec. 806. Employment status and compensation in new programs. Sec. 807. Dispute resolutions, whistleblower hotline, and enforcement by the Secretary. Sec. 808. Termination. I School Improvement Corps 101. Purpose It is the purpose of this title to provide for the creation of 400,000 construction jobs for the purpose of modernizing, renovating, or repairing public school facilities; and 250,000 maintenance jobs for the purpose of maintaining and improving public school facilities. 102. Definitions In this title: (1) The term Bureau-funded school has the meaning given such term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (2) The term charter school has the meaning given such term in section 5210 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221i ). (3) The term CHPS Criteria means the green building rating program developed by the Collaborative for High Performance Schools. (4) The term Energy Star means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency. (5) The term Green Globes means the Green Building Initiative environmental design and rating system referred to as Green Globes. (6) The term LEED Green Building Rating System means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as LEED Green Building Rating System. (7) The term local educational agency — (A) has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); (B) includes any public charter school that constitutes a local educational agency under State law; and (C) includes the Recovery School District of Louisiana. (8) The term outlying area — (A) means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and (B) includes the Republic of Palau. (9) The term public school facilities means existing public elementary or secondary school facilities, including public charter school facilities and other existing facilities planned for adaptive reuse as public charter school facilities. (10) The term Secretary means the Secretary of Education. (11) The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. A Grants for modernization, renovation, or repair of public school facilities 111. Purpose Grants under this subtitle shall be for the purpose of modernizing, renovating, or repairing public school facilities (including early learning facilities, as appropriate), based on the need of the facilities for such improvements, to ensure that public school facilities are safe, healthy, high-performing, and technologically up-to-date. 112. Allocation of funds (a) Reservation (1) In general From the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a)(1), the Secretary shall reserve 2 percent of such amount, consistent with the purpose described in section 132(a)(1)— (A) to provide assistance to the outlying areas; and (B) for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools. (2) Use of reserved funds In each fiscal year, the amount reserved under paragraph (1) shall be divided between the uses described in subparagraphs (A) and (B) of such paragraph in the same proportion as the amount reserved under section 1121(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6331(a) ) is divided between the uses described in paragraphs (1) and (2) of such section 1121(a) in such fiscal year. (3) Distressed areas and natural disasters From the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a), the Secretary shall reserve 5 percent of such amount for grants to— (A) local educational agencies serving geographic areas with significant economic distress, to be used consistent with the purpose described in section 111 and the allowable uses of funds described in section 113 ; (B) local educational agencies serving geographic areas recovering from a natural disaster; and (C) local educational agencies serving geographic areas that contain a military installation selected for closure under the base closure and realignment process pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note). (b) Allocation to States (1) State-by-State allocation Of the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a)(1), and not reserved under subsection (a) , each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the previous fiscal year relative to the total amount received by all local educational agencies in every State under such part for such fiscal year. (2) State administration A State may reserve up to 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this subtitle, which include— (A) providing technical assistance to local educational agencies; (B) developing an online, publicly searchable database that includes an inventory of public school facilities in the State, including for each such facility, its design, condition, modernization, renovation and repair needs, utilization, energy use, and carbon footprint; and (C) creating voluntary guidelines for high-performing school buildings, including guidelines concerning the following: (i) Site location, storm water management, outdoor surfaces, outdoor lighting, and transportation, including public transit and pedestrian and bicycle accessability. (ii) Outdoor water systems, landscaping to minimize water use, including elimination of irrigation systems for landscaping, and indoor water use reduction. (iii) Energy efficiency (including minimum and superior standards, such as for heating, ventilation, and air conditioning systems), use of alternative energy sources, commissioning, and training. (iv) Use of durable, sustainable materials, including life-cycle cost effectiveness, and waste reduction. (v) Indoor environmental quality, such as day lighting in classrooms, lighting quality, indoor air quality (including with reference to reducing the incidence and effects of asthma and other respiratory illnesses), acoustics, and thermal comfort. (vi) Operations and management, such as use of energy-efficient equipment, indoor environmental management plan, maintenance plan, and pest management. (3) Grants to local educational agencies From the amount allocated to a State under paragraph (1) , each eligible local educational agency in the State shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year, except that no local educational agency that received funds under such part for such fiscal year shall receive a grant of less than $5,000 in any fiscal year under this subtitle. (4) Special rule Section 1122(c)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332(c)(3) ) shall not apply to paragraph (1) or (3) . (c) Special rules (1) Distributions by Secretary The Secretary shall make and distribute the reservations and allocations described in subsections (a) and (b) not later than 90 days after an appropriation of funds for this subtitle is made. (2) Distributions by States A State shall make and distribute the allocations described in subsection (b)(3) within 60 days of receiving such funds from the Secretary. 113. Allowable uses of funds (a) In general A local educational agency receiving a grant under this subtitle shall use the grant for modernization, renovation, or repair of public school facilities (including early learning facilities and charter schools, as appropriate), including— (1) repair, replacement, or installation of roofs, including extensive, intensive or semi-intensive green roofs, electrical wiring, water supply and plumbing systems, sewage systems, storm water runoff systems, lighting systems, building envelope, windows, ceilings, flooring, or doors, including security doors; (2) repair, replacement, or installation of heating, ventilation, or air conditioning systems, including insulation, and conducting indoor air quality assessments; (3) compliance with fire, health, seismic, and safety codes, including professional installation of fire and life safety alarms, and modernizations, renovations, and repairs that ensure that schools are prepared for emergencies, such as improving building infrastructure to accommodate security measures and installing or upgrading technology to ensure that schools are able to respond to emergencies such as acts of terrorism, campus violence, and natural disasters; (4) retrofitting necessary to increase the energy efficiency and water efficiency of public school facilities; (5) modifications necessary to make facilities accessible in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (6) abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, lead-based hazards, including lead-based paint hazards, or a proven carcinogen; (7) measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution; (8) modernization, renovation, or repair necessary to reduce the consumption of coal, electricity, land, natural gas, oil, or water; (9) installation or upgrading of educational technology infrastructure; (10) modernization, renovation, or repair of science and engineering laboratories, libraries, and career and technical education facilities, and improvements to building infrastructure to accommodate bicycle and pedestrian access; (11) installation or upgrading of renewable energy generation and heating systems, including solar, photovoltaic, wind, biomass (including wood pellet and woody biomass), waste-to-energy, and solar-thermal and geothermal systems, and for energy audits; (12) measures designed to reduce or eliminate human exposure to airborne particles such as dust, sand, and pollens; (13) creating greenhouses, gardens (including trees), and other facilities for environmental, scientific, or other educational purposes, or to produce energy savings; (14) modernizing, renovating, or repairing physical education facilities for students, including upgrading or installing recreational structures made from post-consumer recovered materials in accordance with the comprehensive procurement guidelines prepared by the Administrator of the Environmental Protection Agency under section 6002(e) of the Solid Waste Disposal Act ( 42 U.S.C. 6962(e) ); (15) other modernization, renovation, or repair of public school facilities to— (A) improve teachers’ ability to teach and students’ ability to learn; (B) ensure the health and safety of students and staff; (C) make them more energy efficient; or (D) reduce class size; and (16) required environmental remediation related to modernization, renovation, or repair described in paragraphs (1) through (15). (b) Administrative costs A local educational agency receiving a grant under this title may not use more than 1 percent of such grant funds for administrative costs. 114. Priority projects In selecting a project under section 113 , a local educational agency may give priority to projects involving the abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, lead-based hazards, including lead-based paint hazards, or a proven carcinogen. B Grants for maintenance Costs 115. Allocation to States (a) State-by-State allocation Of the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 132(a)(2), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total amount received by all local educational agencies in every State under such part for such fiscal year. (b) Grants to local educational agencies From the amount allocated to a State under subsection (a) , each eligible local educational agency in the State shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year. 116. Allowable uses of funds (a) Required use of funds A local educational agency receiving a grant under this subtitle shall use the grant for payment of maintenance costs, including routine repairs classified as current expenditures under State or local law. (b) Administrative costs A local educational agency receiving a grant under this subtitle may not use more than 1 percent of such grant funds for administrative costs. C General provisions 121. Supplement, not supplant A local educational agency receiving a grant under this title shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for modernization, renovation, repair, maintenance, and construction of public school facilities. 122. Prohibition regarding State aid A State shall not take into consideration payments under this title in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children. 123. Maintenance of effort (a) In general A local educational agency may receive a grant under this title for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year. (b) Waiver The Secretary shall waive the requirements of this section if the Secretary determines that a waiver would be equitable due to— (1) exceptional or uncontrollable circumstances, such as a natural disaster; or (2) a precipitous decline in the financial resources of the local educational agency. 124. Special rules on contracting (a) Local educational agency requirements (1) In general Each local educational agency receiving a grant under this title shall ensure that, if the agency carries out modernization, renovation, repair, maintenance, or construction through a contract, the process for any such contract ensures the maximum number of qualified bidders, including local, small, minority, and women- and veteran-owned businesses, through full and open competition. (2) Review of applications In reviewing awarding contracts under paragraph (1), a local educational agency shall give preference to businesses that demonstrate— (A) current and past compliance with Federal and State labor laws, including laws concerning wage and hour, labor relations, family and medical leave, occupational safety and health, and living wage standards; and (B) terms and conditions of employment including payment of living wage; availability of sick, vacation and retirement benefits; and existence of grievance procedures and labor-management committees. (b) Certification by businesses Any business competing for a contract with a local educational agency receiving funds under this title shall certify to the local educational agency that the business has a record of compliance and is currently in compliance with Federal, State, and local labor and workplace laws, including statutes concerning wage and hour, labor relations, family and medical leave, occupational safety and health, and living wage standards. 125. Use of American iron, steel, and manufactured goods (a) In general None of the funds appropriated or otherwise made available by this title may be used for a project for the modernization, renovation, repair, maintenance, or construction of a public school facility 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 Secretary 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 of justification If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall publish in the Federal Register a detailed written justification of the determination. (d) Construction This section shall be applied in a manner consistent with United States obligations under international agreements. 126. Labor standards; compliance with existing statutes (a) In general The grant programs under this subtitle are applicable programs (as that term is defined in section 400 of the General Education Provisions Act ( 20 U.S.C. 1221 )) subject to section 439 of such Act ( 20 U.S.C. 1232b ). (b) Compliance with existing statutes Each local educational agency receiving a grant under this title shall comply with all applicable Federal, State, and local health, safety, labor, and civil rights laws. 127. Charter schools A local educational agency receiving a grant under this title may reserve an amount of that grant for charter schools within its jurisdiction for modernization, renovation, repair, and construction, or maintenance of charter school facilities (including early learning facilities, as appropriate). 128. Green schools (a) In general A local educational agency receiving a grant under this title shall, to the maximum extent practicable, use such funds for public school modernization, renovation, repair, or construction or maintenance that are certified, verified, or consistent with any applicable provisions of— (1) the LEED Green Building Rating System; (2) Energy Star; (3) the CHPS Criteria; (4) Green Globes; or (5) an equivalent program adopted by the State, or another jurisdiction with authority over the local educational agency, that includes a verifiable method to demonstrate compliance with such program. (b) Rule of construction Nothing in this section shall be construed to prohibit a local educational agency from using sustainable, domestic hardwood lumber as ascertained through the forest inventory and analysis program of the Forest Service of the Department of Agriculture under the Forest and Rangeland Renewable Resources Research Act of 1978 ( 16 U.S.C. 1641 et seq. ) for public school modernization, renovation, repairs, or construction. (c) Technical assistance The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall provide outreach and technical assistance to States and local educational agencies concerning the best practices in school modernization, renovation, repair, and construction, including those related to student academic achievement, student and staff health, energy efficiency, and environmental protection. 129. Reporting (a) Reports by local educational agencies Local educational agencies receiving a grant under this title shall annually compile a report describing the projects for which such funds were used, including— (1) the number and identity of public schools in the agency, including the number of charter schools, and for each school, the total number of students, and the number of students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)); (2) the total amount of funds received by the local educational agency under this title, and for each public school in the agency, including each charter school, the amount of such funds expended, and the types of modernization, renovation, repair, or construction projects for which such funds were used; (3) the number of students impacted by such projects, including the number of students so impacted who are counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ); (4) the number of public schools in the agency with a metro-centric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics and the percentage of funds received by the agency under subtitle A or subtitle B of this title that were used for projects at such schools; (5) the number of public schools in the agency that are eligible for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314 ) and the percentage of funds received by the agency under subtitle A or subtitle B of this title that were used for projects at such schools; (6) for each project— (A) the cost; (B) the standard described in section 128(a) with which the use of the funds complied or, if the use of funds did not comply with a standard described in section 128(a) , the reason such funds were not able to be used in compliance with such standards and the agency’s efforts to use such funds in an environmentally sound manner; and (C) any demonstrable or expected benefits as a result of the project (such as energy savings, improved indoor environmental quality, student and staff health, including the reduction of the incidence and effects of asthma and other respiratory illnesses, and improved climate for teaching and learning); (7) the total number and amount of contracts awarded, and the number and amount of contracts awarded to local, small, minority, women, and veteran-owned businesses; and (8) the total number of jobs created by funding under this title by— (A) the local educational agency; and (B) contractors who performed work for the local educational agency under this title. (b) Availability of reports A local educational agency shall— (1) submit the report described in subsection (a) to the State educational agency, which shall compile such information and report it annually to the Secretary; and (2) make the report described in subsection (a) publicly available, including on the agency’s Web site. (c) Reports by Secretary Not later than March 31 of each fiscal year, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make available on the Department of Education’s Web site, a report on grants made under this subtitle, including the information from the reports described in subsection (b)(1) . 130. Special rules Notwithstanding any other provision of this subtitle, none of the funds authorized by this title may be— (1) used to employ workers in violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a); or (2) distributed to a local educational agency that does not have a policy that requires a criminal background check on all employees of the agency. 131. Promotion of employment experiences The Secretary of Education, in consultation with the Secretary of Labor, shall work with recipients of funds under this subtitle to promote appropriate opportunities to gain employment experience working on modernization, renovation, repair, maintenance, and construction projects funded under this subtitle for— (1) participants in a YouthBuild program (as defined in section 173A of the Workforce Investment Act of 1998 ( 29 U.S.C. 2918a )); (2) individuals enrolled in the Job Corps program carried out under subtitle C of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2881 et seq. ); (3) individuals enrolled in a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(f) )) certificate or degree program relating to projects described in section 128(a) ; and (4) participants in preapprenticeship programs that have direct linkages with apprenticeship programs that are registered with the Department of Labor or a State Apprenticeship Agency under the National Apprenticeship Act of 1937 (29 U.S.C. 50 et seq.). 132. Availability of funds (a) Authorization and appropriation There are authorized to be appropriated, and there are appropriated, for each of fiscal years 2014 and 2015— (1) to carry out subtitle A (in addition to any other amounts appropriated to carry out such title and out of any money in the Treasury not otherwise appropriated), $40,000,000,000; and (2) to carry out subtitle B (in addition to any other amounts appropriated to carry out such title and out of any money in the Treasury not otherwise appropriated), $10,000,000,000. (b) Prohibition on earmarks None of the funds appropriated under this section may be used for a Congressional earmark as defined in clause 9(d) of rule XXI of the Rules of the House of Representatives for the 112th Congress. (c) Sunset The authority to award grants under this title shall expire at the end of fiscal year 2015. 133. Alternate distribution of funds If, within 30 days after the date of the enactment of this Act, a local educational agency has submitted to the Secretary a certification that they are refusing funds they are eligible to receive under this title, the Secretary shall provide for funds allocated to that local educational agency to be distributed to another entity or other entities in the State, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to funds appropriated under this section shall apply to such funds distributed to such entity or entities. II Student Jobs Corps 201. Student Jobs Corps (a) Purpose It is the purpose of this section to provide for an additional 250,000 part-time work-study jobs through the Federal Work-Study Program under part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 2751 et seq. ). (b) Appropriation of additional amounts There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary of Education $425,000,000 for each of the fiscal years 2014 and 2015 for grants to institutions of higher education under part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 2751 et seq. ) for payments to students participating in work-study programs in accordance with such part. (c) Relation to other funds Amounts appropriated by subsection (b) are in addition to amounts appropriated pursuant to the authorization of appropriations in section 441(b) of the Higher Education Act of 1965 ( 20 U.S.C. 2751(b) ) and amounts otherwise made available by any other Act for the Federal Work-Study program under part C of such Act of 1965. (d) Matching funds not required Notwithstanding section 443(b)(5) of the Higher Education Act of 1965 ( 20 U.S.C. 2753(b)(5) ) or an agreement made pursuant to such section 443, an institution of higher education shall not be required to provide matching funds for any funds made available to the institution by this section. III Park Improvement Corps 301. Appropriation of additional funds for Public Lands Corps (a) Purpose It is the purpose of this section to provide for the creation of an additional 100,000 positions in the Public Lands Corps established under section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723). (b) Appropriation of additional appropriations (1) Forest Service There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary of Agriculture $125,000,000 for each of fiscal years 2014 and 2015— (A) to carry out the Public Lands Corps established in the Department of Agriculture under section 204 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1723 ); (B) to support qualified youth or conservation corps to perform conservation projects referred to in subsection (d) of such section; and (C) to support resource assistants selected under section 206 of such Act (16 U.S.C. 1725). (2) Department of the Interior There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary of the Interior $125,000,000 for each of fiscal years 2013 and 2015— (A) to carry out the Public Lands Corps established in the Department of the Interior under section 204 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1723 ); (B) to support qualified youth or conservation corps to perform conservation projects referred to in subsection (d) of such section; and (C) to support resource assistants selected under section 206 of such Act (16 U.S.C. 1725). (c) Relation to other funds for Public Lands Corps Amounts appropriated by subsection (b) are in addition to amounts appropriated pursuant to the authorization of appropriations in section 211 of the Public Lands Corps Act of 1993 (16 U.S.C. 1730) and amounts allocated to the Public Lands Corps through other Federal programs or projects. (d) Expedited obligation of funds Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall commence obligation of the funds appropriated by subsection (b) for fiscal year 2014 by utilizing the pool of remaining applications for fiscal year 2013 assistance under the Public Lands Corps Act of 1993 ( 16 U.S.C. 1721 et seq. ). If the number of fiscal year 2013 applications is insufficient to use the entire amount of the additional funds appropriated for fiscal year 2014, the Secretaries shall announce an open solicitation process for new applications for assistance. (e) Waiver of cost-Sharing requirements The cost-sharing requirements of sections 206(b) and 210 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1725 , 1730) shall not apply with respect to the expenditure of amounts appropriated by subsection (b). IV Neighborhood Heroes Corps 401. Teacher Corps (a) Purpose It is the purpose of this section to provide for the retention, rehiring, and hiring of 300,000 education jobs. (b) Authorization and appropriation There are authorized to be appropriated and there are appropriated out of any money in the Treasury not otherwise obligated for necessary expenses for a Teacher Corps, $20,000,000,000 for each of fiscal years 2014 and 2015: Provided, That the amount under this section shall be administered under the terms and conditions of sections 14001 through 14013 and title XV of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) except as follows: (1) Allocation of funds (A) Funds appropriated under this section shall be available only for allocation by the Secretary of Education (in this section referred to as the Secretary) in accordance with subsections (a), (b), (d), (e), and (f) of section 14001 of division A of Public Law 111–5 and subparagraph (B) of this paragraph, except that the amount reserved under such subsection (b) shall not exceed $4,000,000 and such subsection (f) shall be applied by substituting one year for two years. (B) Prior to allocating funds to States under section 14001(d) of division A of Public Law 111–5, the Secretary shall allocate 0.5 percent to the Secretary of the Interior for schools operated or funded by the Bureau of Indian Affairs on the basis of the schools’ respective needs for activities consistent with this section under such terms and conditions as the Secretary of the Interior may determine. (2) Reservation A State that receives an allocation of funds appropriated under this section may reserve not more than 1 percent for the administrative costs of carrying out its responsibilities with respect to those funds. (3) Awards to local educational agencies (A) Except as specified in paragraph (2), an allocation of funds to a State shall be used only for awards to local educational agencies for the support of elementary and secondary education in accordance with paragraph (5) for the 2013–2014 and 2014–2015 school years. (B) Funds used to support elementary and secondary education shall be distributed through a State’s primary elementary and secondary funding formulae or based on local educational agencies’ relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the most recent fiscal year for which data are available. (C) Subsections (a) and (b) of section 14002 of division A of Public Law 111–5 shall not apply to funds appropriated under this section. (4) Compliance with education reform assurances For purposes of awarding funds appropriated under this section, any State that has an approved application for Phase II of the State Fiscal Stabilization Fund that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142) shall be deemed to be in compliance with subsection (b) and paragraphs (2) through (5) of subsection (d) of section 14005 of division A of Public Law 111–5 . (5) Requirement to use funds to retain or create education jobs Notwithstanding section 14003(a) of division A of Public Law 111–5 , funds awarded to local educational agencies under paragraph (3)— (A) may be used only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services; and (B) may not use more than 1 percent of such grant funds for administrative costs. (6) Prohibition on use of funds for rainy-day funds or debt retirement A State that receives an allocation may not use such funds, directly or indirectly, to— (A) establish, restore, or supplement a rainy-day fund; (B) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; (C) reduce or retire debt obligations incurred by the State; or (D) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State. (7) Supplement, not supplant Funds made available under this section shall be used to supplement, not supplant, the amount of funds that would, in the absence of the Federal funds made available under this section, be made available from local, State, and Federal sources to provide compensation and other expenses such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational and related services. (8) Deadline for award The Secretary shall award funds appropriated under this section not later than 45 days after the date of the enactment of this Act to States that have submitted applications meeting the requirements applicable to funds under this section. The Secretary shall not require information in applications beyond what is necessary to determine compliance with applicable provisions of law. (9) Alternate distribution of funds If, within 30 days after the date of the enactment of this Act, a Governor has not submitted an approvable application, the Secretary shall provide for funds allocated to that State to be distributed to another entity or other entities in the State (notwithstanding section 14001(e) of division A of Public Law 111–5 ) for support of elementary and secondary education, under such terms and conditions as the Secretary may establish, provided that all terms and conditions that apply to funds appropriated under this section shall apply to such funds distributed to such entity or entities. No distribution shall be made to a State under this paragraph, however, unless the Secretary has determined (on the basis of such information as may be available) that the requirements of paragraph (11) are likely to be met, notwithstanding the lack of an application from the Governor of that State. (10) Local educational agency application Section 442 of the General Education Provisions Act shall not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of Public Law 111–5 . The assurances provided under that application shall continue to apply to funds awarded under this section. (11) Maintenance of effort (A) In general Subject to subparagraph (B), a local educational agency may receive a grant under this title for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year. (B) Waiver The Secretary shall waive the requirements of this section if the Secretary determines that a waiver would be equitable due to— (i) exceptional or uncontrollable circumstances, such as a natural disaster; or (ii) a precipitous decline in the financial resources of the local educational agency. (C) ARRA provision not applicable Section 14005(d)(1) and subsections (a) through (c) of section 14012 of division A of Public Law 111–5 shall not apply to funds appropriated under this section. 402. Appropriation of additional funds for Community Oriented Policing Services (a) Purpose It is the purpose of this section to provide for the hiring and rehiring of an additional 40,000 State, local, and tribal career law enforcement officers through the Community Oriented Policing Services program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. ). (b) Authorization and appropriation of additional amounts There are authorized to be appropriated, and there are hereby appropriated, out of amounts in the Treasury not otherwise appropriated, to the Attorney General $5,000,000,000 for each of the fiscal years 2014 and 2015 for grants under section 1701(b)(1) and (2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(b)(1) and (2)) for hiring and rehiring of additional career law enforcement officers under part Q of such title, notwithstanding subsection (i) of such section. (c) Relation to other funds for COPS Amounts appropriated by subsection (b) are in addition to amounts appropriated pursuant to the authorization of appropriations in section 1001(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) and amounts otherwise made available for grants under section 1701 of such Act ( 42 U.S.C. 3796dd ) by any other Act. (d) Expedited obligation of funds Not later than 90 days after the date of the enactment of this Act, the Attorney General shall commence obligation of the funds appropriated by subsection (b) for fiscal year 2014 by utilizing the pool of applicants who submitted applications for fiscal year 2013 grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. ) but did not receive funding under such part for such fiscal year for hiring and rehiring of additional career law enforcement officers. If the number of such fiscal year 2013 applicants is insufficient to use the entire amount of the additional funds appropriated for fiscal year 2014, the Attorney General shall announce an open solicitation process for new applications for grants, to be submitted in accordance with the requirements of section 1702 of such Act (42 U.S.C. 3796dd–1). (e) Waiver of certain requirements Notwithstanding any other provision of law, subsection (g) of section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(g) ) and subsection (c) of section 1704 of such Act ( 42 U.S.C. 3796dd–3(c) ) shall not apply with respect to grants awarded using any funds made available under this section. 403. Firefighters Corps (a) Purpose It is the purpose of this section to provide for the hiring and rehiring of an additional 12,000 firefighters through section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a). (b) Amendment authorizing funds Section 34(i) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a(i)) is amended— (1) in paragraph (6) by striking and ; (2) in paragraph (7) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (8) $1,200,000,000 for fiscal year 2014; and (9) $1,200,000,000 for fiscal year 2015. . (c) Appropriation (1) In general There is hereby appropriated out of any money in the Treasury not otherwise appropriated $1,200,000,000 for each of the fiscal years 2013 and 2015 to carry out section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ). (2) Limitation None of the funds made available under paragraph (1) of this Act may be used to enforce the requirements of subparagraphs (A), (B), or (E) of subsection (a)(1) or paragraphs (1), (2), or (4)(A) of subsection (c) of such section 34. (d) Expedited obligation of funds Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall commence obligation of the funds appropriated by subsection (c) for fiscal year 2014 by utilizing the pool of applicants who submitted applications for fiscal year 2013 grants under section 34 of the Federal Fire Prevention and Control Act of 1974 but did not receive funding under such section for such fiscal year for hiring and rehiring of additional firefighters. If the number of such fiscal year 2013 applicants is insufficient to use the entire amount of the additional funds appropriated for fiscal year 2014, the Secretary of Homeland Security shall announce an open solicitation process for new applications for grants, to be submitted in accordance with the requirements of such section 34. V Health Care Corps 501. Purpose It is the purpose of this title to provide for the creation of a grant to hire at least 40,000 health care and long-term care professionals to expand access to care. 502. Health care and long-term care providers Part D of title III of the Public Health Service Act is amended by inserting after subpart III ( 42 U.S.C. 254l et seq. ) the following: IV Hiring and retaining additional health care and long-Term care professionals 338N. Hiring and retaining additional health care and long-term care professionals (a) In general The Secretary may provide financial assistance to health care or long-term care providers to pay all or part of the costs of hiring and retaining health care or long-term care professionals in addition to the professionals who, but for such assistance, would be hired and retained. (b) Eligible assistance recipients Health care and long-term care providers eligible for assistance under subsection (a) include the following: (1) A health care or long-term care provider serving a health professional shortage area designated under section 332. (2) A Federally qualified health center (as defined in section 1861(aa) of the Social Security Act). (3) A rural health clinic. (4) A health care or long-term care provider that receives payment under title XVIII of the Social Security Act or under a State plan or State child health plan under title XIX or XXI, respectively, of such Act. (5) A public hospital. (6) A public health agency. (7) A nursing home or long-term care facility. (8) An intermediate care or developmentally disabled facility. (9) A critical access hospital. (10) A school-based health center. (11) A university or college mental health facility. (12) An Indian health program or facility operated by an Indian tribe or tribal organization. (13) A correctional facility. (c) Eligible health professionals Health care and long-term care professionals who may be hired or retained using assistance provided under this section include the following: (1) Dentists. (2) Certified nurse midwives. (3) Psychologists. (4) Licensed clinical social workers. (5) Licensed professional counselors. (6) Marriage and family therapists. (7) Nurse practitioners, including those specializing in psychiatry. (8) Nurses, including advanced practice nurses. (9) Physicians, including osteopathic physicians. (10) Physician assistants, including those specializing in psychiatry. (11) Psychiatric nurse specialists. (12) Registered dental hygienists. (13) Community health workers. (14) Occupational and physical therapists. (15) Optometrists. (16) Certified nursing assistants. (17) Direct care workers. (d) Application process (1) In general The Secretary shall— (A) not later than 60 days after the date of the enactment of this section, solicit applications for financial assistance under this section; (B) require that any such application be submitted— (i) not later than 90 days after the date of the enactment of this section; and (ii) in such manner and containing such information as the Secretary may require; and (C) not later than 120 days after the date of the enactment of this section, determine which such applications will be approved and provide notice of such determination to the applicants. (2) Compliance with labor and workplace laws As a condition on eligibility for financial assistance under this section, an application under paragraph (1) shall demonstrate to the Secretary’s satisfaction that the applicant has a record of compliance, and is currently in compliance, with Federal, State, and local labor and workplace laws, including Federal, State, and local laws— (A) relevant to hiring and retaining health care or long-term care professionals, such as laws— (i) requiring background checks in connection with hiring; (ii) requiring such professionals to be licensed or certified; or (iii) limiting the scope of practice; (B) concerning wage and hour, labor relations, family and medical leave, occupational safety and health, or living wage standards; or (C) concerning other terms and conditions of employment such as the availability of sick, vacation, and retirement benefits and the existence of grievance procedures and labor-management committees. (e) Authorization and appropriation of additional amounts To carry out this section, there are authorized to be appropriated, and there are hereby appropriated to the Department of Health and Human Services, out of amounts in the Treasury not otherwise appropriated, $4,000,000,000 for each of fiscal years 2013 and 2015. . 503. Supplement, not supplant A health care or long-term care provider receiving a grant under this title shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for hiring and retaining health care or long-term care professionals. VI Community Corps 601. Purpose It is the purpose of this title to provide for the creation of an additional 750,000 jobs through funding to States and units of general local government to establish and administer a Community Corps. 602. Community Corps (a) Funding There are authorized to be appropriated and there are appropriated out of any money in the Treasury not otherwise obligated for necessary expenses to the Secretary of Labor, in consultation with the Secretary of Housing and Urban Development, to provide to States and units of general local government to establish and administer a Community Corps, $30,000,000,000 for each of fiscal years 2013 and 2015. (b) Allotment Formula (1) Reservations by the Secretary Of the amount appropriated under subsection (a) for each fiscal year, the Secretary may reserve— (A) not more than 1 percent to administer this title; and (B) not more than 0.5 percent to award grants, on a competitive basis, to Indian tribes for purposes of this title. (2) Making Funds Available for Allotment by the Secretary Of the amounts appropriated under subsection (a) and not reserved under paragraph (1) of this subsection, the Secretary shall allot the amounts for each fiscal year as follows: (A) Seventy percent to entitlement communities, of which the Secretary shall allot— (i) 25 percent by allotting to each entitlement community an amount which bears the same ratio to the total amount to be allotted under this clause as the population of the entitlement community bears to the total population of all entitlement communities; (ii) 25 percent by allotting each entitlement community an amount which bears the same ratio to the total amount to be allotted under this clause as the extent of poverty in the entitlement community bears to the extent of poverty in all entitlement communities; and (iii) 50 percent by allotting to each entitlement community in an amount which bears the same ratio to the total to be allotted under this clause as the number of unemployed individuals in the entitlement community bears to the total number of unemployed individuals in all entitlement communities. (B) Thirty percent to States, of which the Secretary shall allot— (i) 25 percent by allotting to each State an amount which bears the same ratio to the total amount to be allotted under this clause as the population of the State bears to the total population of all States; (ii) 25 percent by allotting to each State an amount which bears the same ratio to the total amount to be allotted under this clause as the extent of poverty in the State bears to the extent of poverty in all States; and (iii) 50 percent by allotting to each State an amount which bears the same ratio to the total amount to be allotted under this clause as the number of unemployed individuals in the State bears to the total number of unemployed individuals in all States. (3) Reservation and Allotments by States (A) Reservation Of the amount of funds allotted to a State under paragraph (2)(B) for each fiscal year, a State may reserve not more than 50 percent to carry out a State-wide Community Corps. (B) Allotments by States A State shall provide all of the funds allotted to the State under paragraph (2)(B) that are not reserved under subparagraph (A) to units of general local government located in nonentitlement areas of the State to employ individuals under the Community Corps program, of which the State shall allot— (i) 25 percent to each such unit in an amount which bears the same ratio to the total amount made available under this clause as the population of the unit bears to the total population of all such units; (ii) 25 percent to each such unit in an amount which bears the same ratio to the total amount made available under this clause as the extent of poverty in the unit bears to the extent of poverty in such units; and (iii) 50 percent to each such unit in an amount which bears the same ratio to the total amount made available under this clause as the number of unemployed individuals in the unit bears to the total number of unemployed individuals in all such units. (4) Reallocation If a State or entitlement community does not apply for an allotment under this section for any fiscal year, or if a State’s or entitlement community’s application is not approved, the Secretary shall reallot such amount to the remaining States or entitlement in accordance with paragraph (2) . 603. Application (a) In general Each State or entitlement community desiring to establish a Community Corps under this title shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Fiscal year 2014 requirements For fiscal year 2014— (1) application requirements shall be released by the Secretary within 30 days of enactment of this Act; (2) States and entitlement communities desiring to receive funds under this title for such fiscal year shall submit to the Secretary an application within 60 days of the date of enactment of this Act; and (3) the first allotments under this title shall be awarded by the Secretary not later than 90 days after the date of enactment of this Act. 604. Activities of the Community Corps (a) Consultation A chief executive officer of a unit of general local government shall consult with the local community and labor organizations representing employees of such unit in determining the Community Corps positions that should be funded under this title for such unit for each fiscal year. (b) Activities Each Community Corps funded under this title shall employee individuals to carry out one or more of the following activities: (1) Energy audits and Conservation Upgrades Perform energy audits of private homes and offer to weatherize them and install attic and crawl-space insulation, low-flow plumbing fixtures, and low-energy lighting fixtures. Provide homeowners with objective information concerning the cost and benefits of more complicated conservation upgrades the homeowners could contract with private firms to install. (2) Recycling and demanufacturing Collect categories of recyclables that currently are under-collected (such as electronic components and household paints and chemicals) and perform initial demanufacturing work to reclaim reusable materials. (3) Urban Land Reclamation and Addressing Blight Address the needs of distressed, foreclosure-affected, and natural-disaster affected areas. For vacant or foreclosed buildings, conduct maintenance, board up, or tear down, where appropriate. Salvage materials for recycling. Reclaim vacant land in urban areas for use as neighborhood parks and gardens. Test for the presence of hazardous materials, undertake necessary clean-up work, construct park and/or garden facilities, and establish maintenance programs involving the local community. For community gardens, operate model plantings to promote the project, involve local residents in the work, and provide instruction in urban gardening and farming. (4) Rural Conservation Work In collaboration with activities under the Park Improvement Corps under title III, perform conservation work. Repair and upgrade trail systems in parklands. Construct shelters, bathrooms and recreational facilities. Undertake watercourse cleaning and reclamation projects. With proper training, conduct emergency work in cases of floods or wildfires, or other natural disasters. (5) Public Property Maintenance and Beautification Under the direction of public entities that own public property (including building interiors and exteriors and landscapes, and including community centers, playgrounds, and libraries), conduct maintenance, beautification, and other improvement projects. Where appropriate, collaborate with projects funded under title I of this Act (School Improvement Corps). (6) Housing Rehabilitation (A) In general Make improvements in privately owned rental housing units necessary to improve such units so that they comply with the housing quality standards applicable to units assisted under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), but only if the owner of the unit enters into an agreement sufficient to ensure that the owner— (i) pays the cost of materials used in the renovation work; and (ii) charges rent for the unit, during the 5-year period beginning upon completion of the rehabilitation pursuant to this paragraph, in an amount not exceeding the fair market rental established under section 8(c) of such Act for a dwelling unit of the same size located in the same market area. (B) Free of charge The Community Corps shall provide all labor required for any rehabilitation pursuant to this paragraph free of charge, except in the case of any major repairs that the Corps lacks the capacity to perform. (7) New Housing Construction Construct new homes on abandoned land in poorer communities or the rehabilitate abandoned properties for use as residences, using the self-help homeowner participation model employed by Habitat for Humanity International under which prospective homeowners contribute a significant amount of sweat equity in the construction or rehabilitation of the home. Participating homeowners shall be selected on the basis of inability to otherwise purchase a home in the regular housing market and willingness and capability to assume the responsibilities of homeownership. Construction materials shall be included in the cost of homeownership, but all construction labor shall be furnished free of charge by the Community Corps. (8) Other community improvement activities Other community improvement activities as authorized by the Secretary. 605. Hiring and preferences (a) In general In hiring individuals for a Community Corps position under this title, a State or unit of general local may only employ unemployed individuals, except in a case of a position (including a managerial position) for which no qualified unemployed individual has applied. (b) Priorities in Recruitment and Hiring In recruiting and hiring unemployed individuals for positions funded under this title, States and units of general local government shall target recruitment efforts and prioritize hiring with respect to individuals who are— (1) unemployed individuals who have exhausted their entitlement to unemployment compensation; (2) unemployed veterans of the Armed Forces and unemployed members of the reserve components of the Armed Forces; (3) unemployed individuals, who immediately before employment in the Community Corps, are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws; (4) unemployed individuals who are not eligible to receive unemployment compensation because they do not have sufficient wages to meet the minimum qualifications for such compensation; or (5) unemployed young people, including those who have not previously been employed. (c) State employment agencies In hiring for Community Corps positions under this title, a State or unit of general local government shall utilize, among other methods, a State or local employment agencies, such as a one-stop career center or one-stop partner. (d) Notice Each listing for a position for a Community Corps shall be posted on a State or local employment Web site. 606. Additional requirements for States and units of general local government (a) Administrative expenses Each State or unit of general local government receiving an allotment under section 602 may not use more than 5 percent of the allotment for administrative purposes. (b) Compliance With Local Laws and Contracts In hiring individuals for positions funded under this title, or using administrative funds under this title to continue to provide employee compensation for existing employees, a State or unit of general local government shall comply with all applicable Federal, State, and local laws, personnel policies and regulations, and collective bargaining agreements, as if such individual were hired, or such employee compensation was provided, without assistance under this title. (c) Coordination To the maximum extent practicable, each State or unit of general local government receiving an allotment under section 602, shall— (1) integrate education and job skills training, including basic skills instruction and secondary education services; (2) coordinate to the maximum extent feasible with pre-apprenticeship and apprenticeship programs; and (3) provide jobs in sectors where job growth is most likely, as determined by the Secretary, and in which career advancement opportunities exist to maximize long-term, sustainable employment for individuals after employment funded under this Act ends. (d) Supplement, not supplant A State or unit of general local government receiving funding under this title shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available to pay the cost of employing individuals to perform the types of work authorized under this title. 607. Employment status and compensation (a) Employee Status (1) In general An individual hired for a position funded under this title shall— (A) be considered an employee of the State or unit of general local government by which such individual was hired; (B) receive the same employee compensation, have the same rights (including health insurance benefits and paid holidays and vacations) and responsibilities and job classifications, and be subject to the same job standards, employer policies, and collective bargaining agreements as if such individual was hired without assistance under this title; and (C) fill a position that offers full-time, full-year employment. (2) Definitions For purposes of this subsection— (A) the term full-time when used in relation to employment has the meaning already established or, if the meaning has not been established, determined to be appropriate for purposes of this title, by the State or unit of general local government hiring an individual under this title; and (B) the term full-year when used in relation to employment means a position that provides employment for a 12-month period, except that in the case of a position that provides a service required by a State or unit of general local government for only the duration of a school year, the term means a position that provides employment for such duration. (b) Limit on Number of Executive, Administrative, or Professional Positions (1) Units Of the total number of positions funded under this title for a fiscal year for each State or unit of general local government— (A) not more than 20 percent shall be in a bona fide executive, administrative, or professional capacity; and (B) at least 80 percent shall not be in a bona fide executive, administrative, or professional capacity. (2) Definitions For purposes of this subsection, the terms bona fide executive , bona fide administrative , and bona fide professional when used in relation to capacity shall have the meanings given such terms under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)). (c) Total Amount of Compensation For each fiscal year for which funds are appropriated to carry out this title, each State or unit of general local government that receives funds under this title for any such fiscal year shall use such funds to provide an amount equal to the total amount of employee compensation for individuals hired under this title. (d) Limit on Period of Employment Notwithstanding any agreement or other provision of law (other than those provisions of law pertaining to civil rights in employment), a State or unit of general local government shall not be obligated to employ the individuals hired under this title or retain the positions filled by such individuals beyond the period for which the State or unit receives funding under this title. 608. Nondisplacement of existing employees (a) In general A State or unit of general local government may not employ an individual for a position funded under this title, if— (1) employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employee benefits) of an existing employee of the unit; or (2) such individual will perform the same or substantially similar work that had previously been performed by an employee of the unit who— (A) has been laid off or partially displaced (as such term is described in paragraph (1) ); and (B) has not been offered by the unit, to be restored to the position the employee had immediately prior to being laid off or partially displaced. (b) Elimination of position For the purposes of this subsection, a position shall be considered to have been eliminated by a State or unit of general local government if the position has remained unfilled and the unit has not sought to fill such position for at least a period of one month. (c) Promotional opportunities An individual may not be hired for a position funded under this title in a manner that infringes upon the promotional opportunities of an existing employee (as of the date of such hiring) of a unit receiving funding under this title. 609. Dispute resolutions, whistleblower hotline, and enforcement by the Secretary (a) Establishment of Arbitration Procedure (1) In general Each unit of general local government that is an entitlement community and each State that receives funding under this title shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections (b) and (c). (2) Written grievances (A) In general If an employee (or an employee representative) wishes to use the arbitration procedure described in this subsection, such party shall file a written grievance within the time period required under subsection (b) or (c), as applicable, simultaneously with the chief executive officer of a unit or State involved in the dispute and the Secretary. (B) In-person meeting Not later than 10 days after the date of the filing of the grievance, the chief executive officer (or the designee of the chief executive officer) shall have an in-person meeting with the party to resolve the grievance. (3) Arbitration (A) Submission If the grievance is not resolved within the time period described in paragraph (2)(B), a party, by written notice to the other party involved, may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties. (B) Appointment by secretary If the parties cannot agree on an arbitrator within 5 days of submitting the grievance to binding arbitration under subparagraph (A), one of the parties may submit a request to the Secretary to appoint a qualified and independent arbitrator. The Secretary shall appoint a qualified and independent arbitrator within 15 days after receiving the request. (C) Hearing Unless the parties mutually agree otherwise, the arbitrator shall conduct a hearing on the grievance and issue a decision not later than 30 days after the date such arbitrator is selected or appointed. (D) Costs (i) In general Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration. (ii) Exception If a grievant prevails under an arbitration proceeding, the unit of general local government or State involved in the dispute shall pay the cost of such proceeding, including attorneys’ fees. (b) Disputes Concerning the Allotment of Funds In the case where a dispute arises as to whether a unit of general local government that is an entitlement community or State has improperly requested funds for services, an employee or employee representative of the unit or State may file a grievance under subsection (a) not later than 15 days after public notice of an intent to submit an application under section 603 is published in accordance with paragraph (1)(C) of such section. Upon receiving a copy of the grievance, the Secretary shall withhold the funds subject to such grievance, unless and until the grievance is resolved under subsection (a), by the parties or an arbitrator in favor of providing such funding. (c) All Other Disputes (1) In general In the case of a dispute not covered under subsection (b) concerning compliance with the requirements of this title by a unit of general local government that is an entitlement community or State receiving funds under this title, an employee or employee representative of the unit or State may file a grievance under subsection (a) not later than 90 days after the dispute arises. In such cases, an arbitrator may award such remedies as are necessary to make the grievant whole, including the reinstatement of a displaced employee or the payment of back wages, and may submit recommendations to the Secretary to ensure further compliance with the requirements of this title, including recommendations to suspend or terminate funding, or to require the repayment of funds received under this title during any period of noncompliance. (2) Existing grievance procedures A party to a dispute described in paragraph (1) may use the existing grievance procedure of a unit or State involved in such dispute, or the arbitration procedure described in this subsection, to resolve such dispute. (d) Party Defined For purposes of subsections (a), (b), and (c), the term party means an employee, employee representative, unit of general local government, or State, involved in a dispute described in subsection (b) or (c). (e) Whistleblower Hotline; Enforcement by the Secretary (1) Whistleblower hotline The Secretary shall post on a publicly accessible Internet Web site of the Department of Labor the contact information for reporting noncompliance with this title by a State or unit of general local government or individual receiving funding under this title. (2) Enforcement by the Secretary (A) In general If the Secretary receives a complaint alleging noncompliance with this title, the Secretary may conduct an investigation and after notice and an opportunity for a hearing, may order such remedies as the Secretary determines appropriate, including— (i) withholding further funds under this title to a noncompliant entity; (ii) requiring the entity to make an injured party whole; or (iii) requiring the entity to repay to the Secretary any funds received under this title during any period of noncompliance. (B) Definition For purposes of this paragraph, the term entity means State, unit of general local government, or individual. (C) Recommendation by an arbitrator A remedy described in subparagraph (A) may also be ordered by the Secretary upon recommendation by an arbitrator appointed or selected under this section. 610. Definitions In this title: (1) In general The terms city ; extent of poverty ; metropolitan city ; urban county ; nonentitlement area ; population ; and State have the meanings given the terms in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 ). (2) Benefits The term benefits has the meaning given the term employment benefits in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). (3) Employee compensation The term employee compensation includes wages and benefits. (4) Entitlement communities The term entitlement communities includes metropolitan cities and urban counties. (5) Indian tribe The term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ). (6) Secretary The term Secretary means the Secretary of Labor. (7) Unemployed individual The term unemployed individual has the meaning given such term in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ). (8) Unit of general local government The term unit of general local government means any city, county, town, township, parish, village, or other general purpose political subdivision of a State; Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions that is recognized by the Secretary; and the District of Columbia. (9) Veteran The term veteran has the meaning given such term in section 101 of the Workforce Investment Act ( 29 U.S.C. 2801 ). (10) Wage The term wage has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). VII Child Development Corps 701. Purpose It is the purpose of this title to provide for the creation of an additional 100,000 jobs through the Head Start Act. 702. Child Development Corps (a) Amendments to the Head Start Act The Head Start Act ( 42 U.S.C. 9831 et seq. ) is amended— (1) by inserting after section 639 the following: 639A. Authorization of appropriations for employing Early Head Start professional employees There is authorized to be appropriated $3,000,000,000 for each of the fiscal years 2014 and 2015 to carry out section 640A. ; and (2) by inserting after section 640 the following: 640A. Employment of additional infant and toddler specialists (a) Employment of additional full-Time infant and toddler specialists Not later than 90 days after the date of the enactment of this Act, the Secretary shall provide funds appropriated under section 639A to Early Head Start programs to pay the cost of employing additional full-time infant and toddler specialists. (b) Funds To supplement not supplant An Early Head Start program that receives funds under subsection (a) shall use such funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available to pay the cost of employing additional full-time infant and toddler specialists. . (b) Appropriation There is hereby appropriated out of any money in the Treasury not otherwise appropriated $3,000,000,000 for each of the fiscal years 2014 and 2015 to carry out section 640A of the Head Start Act. VIII General Provisions 801. General requirements for entities receiving funding under this Act (a) Compliance with existing laws and contracts In hiring individuals for positions funded under this Act, or using funds under this Act to continue to provide employee compensation for existing employees, a State, unit of general local government, community-based organization, or business shall comply with all applicable Federal, State, and local laws relating to health, safety, civil rights, personnel policies and regulations, labor, and collective bargaining agreements, as if such individual were hired, or such employee compensation was provided, without assistance under this Act. (b) Compliance with federal civil rights laws Federal civil rights laws described in subsection (a) shall include the following: (1) Title VI of the Civil Rights Act of 1964. (2) Title IX of the Education Amendments of 1972. (3) Sections 503 and 504 of the Rehabilitation Act of 1973. (4) The Age Discrimination Act of 1975. 802. Reporting (a) Reports to Secretaries At the end of fiscal year 2013 and 2015, each State, unit of general local government, community-based organization, or business, or other entity that receives assistance under this Act shall submit to the Secretary that provided such assistance a report on the number of jobs created and, if applicable, the projects completed with funding under this Act. (b) Reports to Congress Each Secretary that receives a report under subsection (a) shall provide such reports to Congress not later than July 1, 2016. 803. Hiring and preferences (a) In general In hiring individuals for positions funded under title I, title V, and title VII, an entity described in section 802 receiving funding under this Act may only employ unemployed individuals, except in a case of a position (including a managerial position) for which no qualified unemployed individual has applied. (b) Priorities in recruitment and hiring In recruiting and hiring unemployed individuals for positions described in subsection, the entity shall target recruitment efforts and prioritize hiring with respect to individuals who are— (1) unemployed individuals who have exhausted their entitlement to unemployment compensation; (2) unemployed veterans of the Armed Forces and unemployed members of the reserve components of the Armed Forces; (3) unemployed individuals, who immediately before employment in the programs described in subparagraph (a), are eligible for unemployment compensation payable under any State law or Federal unemployment compensation law, including any additional compensation or extended compensation under such laws; (4) unemployed individuals who are not eligible to receive unemployment compensation because they do not have sufficient wages to meet the minimum qualifications for such compensation; or (5) in the case of employment under subtitle B of title I, unemployed young people, including those who have not previously been employed. (c) Rule of construction Nothing in this section shall supersede the qualification requirements under titles I through VII or existing law, such as medical licensure where applicable for health corps or certification for early childhood development workers. 804. Flexibility on hiring Funding under this Act shall be tied to the job created with the funding rather than to the individual awarded the job, and entities receiving funding under this Act are authorized to hire new employees to replace an individual that was hired with such funds, but who has left the position. 805. Nondisplacement (a) Nondisplacement of Existing Employees (1) In general An entity described in section 802 that receives funding under this Act may not employ an individual for a position funded under this Act, if— (A) employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employee benefits) of an existing employee of the unit or organization; or (B) such individual will perform the same or substantially similar work that had previously been performed by an employee of the unit or organization who— (i) has been laid off or partially displaced (as such term is described in subparagraph (A)); and (ii) has not been offered by the unit or organization, to be restored to the position the employee had immediately prior to being laid off or partially displaced. (2) Elimination of position For the purposes of this subsection, a position shall be considered to have been eliminated by an entity receiving funding under this Act if the position has remained unfilled and the unit or organization has not sought to fill such position for at least a period of one month. (3) Promotional opportunities An individual may not be hired for a position funded under this title in a manner that infringes upon the promotional opportunities of an existing employee (as of the date of such hiring) of an entity receiving funding under this Act. (b) Nondisplacement of Local Government Services A business or community-based organization receiving funds under this title may not use such funds to provide services or functions that are customarily provided by a unit of general local government where such services or functions are provided by the organization. (c) Nondisplacement of local business Where appropriate, any unit of government or community-based organizations receiving funds under this Act cannot use those funds to provide services or functions that are currently provided by a local business. 806. Employment status and compensation in new programs (a) Employee Status An individual hired for a position funded under title I, title V, or title VI, or section 401 of title IV shall— (1) be considered an employee of the unit of general local government, business, or community-based organization, by which such individual was hired; and (2) receive the same employee compensation, have the same rights and responsibilities and job classifications, and be subject to the same job standards, employer policies, and collective bargaining agreements as if such individual was hired without assistance under this Act. (b) Total Amount of Compensation For each fiscal year for which funds are appropriated to carry out this Act, each unit of general local government, each business, and each community-based organization that receives funds under the provisions described in subsection (a) for any such fiscal year shall use such funds to provide an amount equal to the total amount of employee compensation for the individuals such the entity hired under this Act. (c) Limit on Period of Employment Notwithstanding any agreement or other provision of law (other than those provisions of law pertaining to civil rights in employment), a unit of general local government, business, or community-based organization shall not be obligated to employ the individuals hired under this Act or retain the positions filled by such individuals beyond the period for which the unit or organization receives funding under the provisions described in subsection (a). 807. Dispute resolutions, whistleblower hotline, and enforcement by the Secretary (a) Establishment of Arbitration Procedure (1) In general Each entity that receives funding under this Act shall agree to the arbitration procedure described in this subsection to resolve disputes described in subsections (b) and (c). (2) Written grievances (A) In general If an employee (or an employee representative) wishes to use the arbitration procedure described in this subsection, such party shall file a written grievance within the time period required under subsection (b) or (c), as applicable, simultaneously with the chief executive officer of an entity involved in the dispute and the Secretary of Labor. (B) In-person meeting Not later than 10 days after the date of the filing of the grievance, the chief executive officer (or the designee of the chief executive officer) shall have an in-person meeting with the party to resolve the grievance. (3) Arbitration (A) Submission If the grievance is not resolved within the time period described in paragraph (2)(B), a party, by written notice to the other party involved, may submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the parties. (B) Appointment by secretary If the parties cannot agree on an arbitrator within 5 days of submitting the grievance to binding arbitration under subparagraph (A), one of the parties may submit a request to the Secretary of Labor to appoint a qualified and independent arbitrator. The Secretary of Labor shall appoint a qualified and independent arbitrator within 15 days after receiving the request. (C) Hearing Unless the parties mutually agree otherwise, the arbitrator shall conduct a hearing on the grievance and issue a decision not later than 30 days after the date such arbitrator is selected or appointed. (D) Costs (i) In general Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration. (ii) Exception If a grievant prevails under an arbitration proceeding, the entity involved in the dispute shall pay the cost of such proceeding, including attorneys’ fees. (b) Disputes concerning the allotment of funds In the case where a dispute arises as to whether an entity has improperly requested funds for services, an employee or employee representative of entity may file a grievance under subsection (a) not later than 15 days after public notice of an intent to request funds for services. Upon receiving a copy of the grievance, the Secretary of Labor shall withhold the funds subject to such grievance, unless and until the grievance is resolved under subsection (a), by the parties or an arbitrator in favor of providing such funding. (c) All Other Disputes (1) In general In the case of a dispute not covered under subsection (b) concerning compliance with the requirements of this Act by an entity receiving funds under this title, an employee or employee representative of an entity may file a grievance under subsection (a) not later than 90 days after the dispute arises. In such cases, an arbitrator may award such remedies as are necessary to make the grievant whole, including the reinstatement of a displaced employee or the payment of back wages, and may submit recommendations to the Secretary of Labor to ensure further compliance with the requirements of this Act, including recommendations to suspend or terminate funding, or to require the repayment of funds received under this title during any period of noncompliance. (2) Existing grievance procedures A party to a dispute described in paragraph (1) may use the existing grievance procedure of an entity involved in such dispute, or the arbitration procedure described in this subsection, to resolve such dispute. (d) Party Defined For purposes of subsections (a), (b), and (c), the term party means an employee, employee representative, or entity involved in a dispute described in subsection (b) or (c). (e) Whistleblower Hotline; Enforcement by the Secretary (1) Whistleblower hotline The Secretary of Labor shall post on a publicly accessible Internet Web site of the Department of Labor the contact information for reporting noncompliance with this title by a State, unit of general local government, community-based organization, business, or individual receiving funding under this title. (2) Enforcement by the secretary (A) In general If the Secretary of Labor receives a complaint alleging noncompliance with this Act, the Secretary may conduct an investigation and after notice and an opportunity for a hearing, may order such remedies as the Secretary of Labor determines appropriate, including— (i) withholding further funds under this title to a noncompliant entity; (ii) requiring the entity to make an injured party whole; or (iii) requiring the entity to repay to the Secretary of Labor any funds received under this title during any period of noncompliance. (B) Recommendation by an arbitrator A remedy described in subparagraph (A) may also be ordered by the Secretary of Labor upon recommendation by an arbitrator appointed or selected under this section. 808. Termination Programs and funding authorized under this Act shall be phased-out over a 90-day period if national unemployment, as measured by the Bureau of Labor Statistics, falls under 5 percent. Such phase-out shall ensure that— (1) an individual hired under this Act shall not be fired prematurely; (2) projects funded under this Act shall be continued until completion; and (3) an individual hired under this Act may be replaced when such individual leaves the position for which the individual was hired.

https://www.govinfo.gov/content/pkg/BILLS-113hr1617ih/xml/BILLS-113hr1617ih.xml

113-hr-1618

I 113th CONGRESS 1st Session H. R. 1618 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Burgess 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 dollar limitation on employer-provided group term life insurance that can be excluded from the gross income of the employee. 1. Increase in limitation on exclusion for employer-provided group term life insurance purchased for employees (a) In general Paragraph (1) of section 79(a) of the Internal Revenue Code of 1986 is amended by striking $50,000 and inserting $375,000 . (b) Inflation adjustment Section 79 of such Code is amended by adding at the end the following new subsection: (g) Inflation adjustment (1) In general In the case of any taxable year beginning after 2013, the $375,000 amount under subsection (a)(1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2012 for 1992 in subparagraph (B) thereof. (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr1618ih/xml/BILLS-113hr1618ih.xml

113-hr-1619

I 113th CONGRESS 1st Session H. R. 1619 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Burgess (for himself, Mr. Markey , Mr. Smith of New Jersey , Ms. Norton , Mr. Roskam , Mr. King of New York , and Mr. Carter ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the issuance of United States bonds to fund Alzheimer’s research. 1. Short title This Act may be cited as the Making Investments Now for Dementia Act of 2013 . 2. Authorization for the issuance of United States bonds to fund Alzheimer’s research (a) Issuance of bonds Section 3102 of title 31, United States Code, is amended by adding at the end the following: (f) Issuance of United States Alzheimer’s Bonds (1) In general The Secretary may issue bonds under this section to aid in the funding of Alzheimer’s research. The Secretary shall carry out this paragraph in consultation with the Secretary of Health and Human Services and the Director of the National Institutes of Health. (2) Form The bonds authorized by paragraph (1) shall be in such form and denominations, and shall be subject to such terms and conditions of issue, conversion, redemption, maturation, payment, and rate of interest as the Secretary may prescribe. (3) Annual report The Secretary, in consultation with the Secretary of Health and Human Services and the Director of the National Institutes of Health, shall submit an annual report to the Congress describing the actions taken by the Secretaries under this subsection during the year covered by the report. The first such report shall describe the implementation of the program under this subsection, and each such report shall describe the use of funds and the status of the program. . (b) Use of proceeds Amounts equal to the amounts received by the Secretary of the Treasury from the sale of bonds under section 3102(f) of title 31, United States Code, less amounts determined by the Secretary to be necessary for administration of such sales, are authorized to be appropriated to the Director of the National Institutes of Health for research under title IV of the Public Health Service Act and shall be used solely for Alzheimer’s research. (c) Sense of Congress It is the sense of Congress that any funds collected pursuant to section 3102(f) of title 31, United States Code (as added by this Act) are in addition to yearly appropriated funds and not to be used to supplement current funding.

https://www.govinfo.gov/content/pkg/BILLS-113hr1619ih/xml/BILLS-113hr1619ih.xml

113-hr-1620

I 113th CONGRESS 1st Session H. R. 1620 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Cartwright (for himself, Mr. Wittman , Mr. Andrews , Mrs. Beatty , Mr. Bishop of Georgia , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Ms. Brown of Florida , Mr. Butterfield , Mr. Calvert , Mrs. Capps , Mr. Capuano , Mr. Castro of Texas , Mr. Cárdenas , Mr. Carney , Mr. Connolly , Mr. Courtney , Mr. Cramer , Mrs. Davis of California , Mr. DeFazio , Ms. DeGette , Mr. McGovern , Ms. Moore , Mr. Moran , Mr. Nolan , Ms. Norton , Mr. Owens , Mr. Pallone , Mr. Payne , Mr. Perlmutter , Mr. Peters of California , Mr. Rahall , Mr. Rush , Mr. Ryan of Ohio , Ms. Schakowsky , Mr. Schiff , Mr. Doggett , Mr. Doyle , Mr. Enyart , Mr. Farr , Ms. Gabbard , Mr. Gallego , Mr. Garamendi , Ms. Hahn , Mr. Hinojosa , Mr. Holt , Mr. Honda , Mr. Huffman , Ms. Jackson Lee , Mr. Kildee , Mr. Kilmer , Mr. Lewis , Mr. Loebsack , Mr. Lowenthal , Mr. Markey , Mrs. McCarthy of New York , Mr. Shuster , Ms. Sinema , Ms. Slaughter , Mr. Takano , Ms. Titus , Mr. Van Hollen , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a credit against income tax for amounts paid by a spouse of a member of the Armed Forces for a new State license or certification required by reason of a permanent change in the duty station of such member to another State. 1. Short title This Act may be cited as the Military Spouse Job Continuity Act of 2013 . 2. Credit for State licensure and certification costs of military spouses arising by reason of a permanent change in the duty station of the member of the Armed Forces to another State (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. State licensure and certification costs of military spouse arising from transfer of member of Armed Forces to another State (a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified relicensing costs of such individual which are paid or incurred by the taxpayer during the taxable year. (b) Maximum credit The credit allowed by this section with respect to each change of duty station shall not exceed $500. (c) Definitions For purposes of this section— (1) Eligible individual The term eligible individual means any individual— (A) who is married to a member of the Armed Forces of the United States at the time that the member moves to another State under a permanent change of station order, and (B) who moves to such other State with such member. (2) Qualified relicensing costs The term qualified relicensing costs costs— (A) which are for a license or certification required by the State referred to in paragraph (1) to engage in the profession that such individual engaged in while within the State from which the individual moved, and (B) which are paid or incurred during the period beginning on the date that the orders referred to in paragraph (1)(A) are issued and ending on the date which is 1 year after the reporting date specified in such orders. . (b) Clerical amendment The table of sections for such subpart B is amended by inserting after the item relating to section 30D the following new item: Sec. 30E. State licensure and certification costs of military spouse arising from transfer of member of Armed Forces to another State. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr1620ih/xml/BILLS-113hr1620ih.xml

113-hr-1621

I 113th CONGRESS 1st Session H. R. 1621 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Johnson of Georgia (for himself, Ms. Norton , Mr. Conyers , Mr. Lewis , Mr. Moran , Mr. Grijalva , Mr. Clay , Mr. Ellison , Ms. Titus , Mr. McDermott , Ms. Brown of Florida , Mr. Van Hollen , Mr. Peters of Michigan , Mr. Cicilline , Mr. Serrano , Mr. Rangel , Mr. Connolly , Mr. Ryan of Ohio , Ms. Lee of California , Mr. Honda , Ms. Wasserman Schultz , Mr. Hastings of Florida , Mr. Chabot , Ms. Schwartz , Ms. Meng , Mr. Rush , Mr. Bentivolio , Ms. Wilson of Florida , Ms. Fudge , Ms. Sewell of Alabama , Mr. Murphy of Florida , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the 2010 increase in the deduction for start-up expenditures. 1. Short title This Act may be cited as the Help Entrepreneurs Create American Jobs Act of 2013 . 2. Increase in deduction for start-up expenses made permanent (a) In general Clause (ii) of section 195(b)(1)(A) of the Internal Revenue Code of 1986 is amended— (1) by striking $5,000 and inserting $10,000 , and (2) by striking $50,000 and inserting $60,000 . (b) Conforming amendment Subsection (b) of section 195 of such Code is amended by striking paragraph (3). (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1621ih/xml/BILLS-113hr1621ih.xml

113-hr-1622

I 113th CONGRESS 1st Session H. R. 1622 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Johnson of Georgia (for himself, Ms. Norton , Mr. Rush , Mr. Conyers , Ms. Wilson of Florida , Mr. Grijalva , Ms. Chu , Mr. Clay , Ms. Bordallo , Ms. Kaptur , Ms. Brown of Florida , Mr. Thompson of Mississippi , Mr. Danny K. Davis of Illinois , and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Small Business , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Small Business Act to ensure fairness and transparency in contracting with small business concerns. 1. Short title This Act may be cited as the Fairness and Transparency in Contracting Act of 2013 . 2. Definitions In this Act— (1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; (2) the term parent company , relating to a business concern, means a person other than an individual that owns not less than 51 percent of that business concern; (3) the terms small business concern , small business concern owned and controlled by veterans , small business concern owned and controlled by service-disabled veterans , and small business concern owned and controlled by women have the meanings given those terms in section 3 of the Small Business Act ( 15 U.S.C. 632 ), as amended by this Act; and (4) the term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given that term in section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) ). 3. Purpose The purpose of this Act is to modify the definitions relating to whether a business concern qualifies as a small business concern to establish additional requirements that ensure that no publically traded business concern, subsidiary of a publically traded business concern, foreign-owned business concern, or subsidiary of a foreign-owned business concern is considered a small business concern for the purpose of Federal Government contracting and subcontracting, including for procurement goals. 4. Definition of small business concern and status review Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following: (9) Independently owned and operated (A) In general In this subsection, the term independently owned and operated does not include a business concern— (i) that is— (I) an issuer of a class of securities registered or that is required to be registered pursuant to section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports pursuant to section 15(d) of that Act ( 15 U.S.C. 78o(d) ); or (II) owned by an issuer of a class of securities registered or that is required to be registered pursuant to section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports pursuant to section 15(d) of that Act ( 15 U.S.C. 78o(d) ); or (ii) more than 50 percent of which is owned, directly or indirectly, by one or more individuals that are not United States citizens. (B) Entities In determining ownership of a business concern, any interest in the business concern that is owned by a person that is not an individual (including a corporation, partnership, estate, or trust) shall be considered owned proportionately by or for the individuals that own that person. . 5. Notification (a) In general Not later than 6 months after the date of enactment of this Act, the Administrator shall notify the head of each Federal department or agency regarding this Act and the amendments made by this Act. (b) To contractors Not later than 6 months after receiving notice under subsection (a), the head of a Federal department or agency shall notify any contractor of that department or agency regarding this Act and the amendments made by this Act. 6. Reporting (a) In general Not later than 6 months after the end of each fiscal year, the Administrator shall publish a report regarding prime contracts with the Federal Government awarded to business concerns that were identified as small business concerns for the purposes of achieving the small business contracting goals of the Federal Government during the previous fiscal year. (b) Contents (1) In general Each report under subsection (a) shall, for the fiscal year before the year in which that report is published, include— (A) the name of each small business concern, small business concern owned and controlled by socially and economically disadvantaged individuals, small business concern owned and controlled by women, small business concern owned and controlled by veterans, and small business concern owned and controlled by service-disabled veterans that was awarded a prime contract with the Federal Government; and (B) for each small business concern described in subparagraph (A), the total dollar amount of prime contracts with the Federal Government awarded to that small business concern in descending order. (2) Parent companies If a small business concern described in paragraph (1)(A) has a parent company, the Administrator shall report information relating to any prime contract with the Federal government of that small business concern under the name of that parent company. (c) Availability The Administrator shall make each report under subsection (a) available on the website of the Administration in a manner that is easily accessible by members of the public. 7. List of contractors (a) In general Each Federal department and agency shall publish on the website of that department or agency a list of each business concern that received a contract award because that business concern was identified as a small business concern. (b) List contents A list published under subsection (a) shall— (1) list business concerns in the order of the total amount in dollars of contracts between the Federal Government and that business concern, beginning with the largest total value; (2) include the total amount in dollars of contracts between the Federal Government and each business concern on such list; and (3) include the name of any parent company of a business concern on such list. 8. Contracting databases The Administrator shall, by regulation, establish procedures to ensure that the Central Contractor Registration database and any successor database provide an adequate warning regarding criminal penalties established under section 16(d) of the Small Business Act ( 15 U.S.C. 645(d) ) for misrepresenting the status of a business concern or person in order to obtain certain contracts with the Federal Government. 9. Enforcement (a) Complaints (1) In general Any person may file a complaint with the Administrator and the head of the affected department or agency about the classification of a business concern as a small business concern and the Administrator and the head of the affected department or agency shall resolve any complaint filed under this paragraph in a timely manner. (2) Reports The Administrator shall annually submit to Congress a report describing any complaints described in paragraph (1) that were filed during the relevant year and the resolution of any such complaint. (b) Debarment The head of each Federal department or agency shall issue or amend the contracting rules and regulations for that department or agency to ensure that a business concern shall be debarred from receiving a Federal contract for a period of not less than 5 years if that business concern— (1) fraudulently represents that it is a small business concern as part of a bid for a small business contract with that department or agency; or (2) violates this Act or an amendment made by this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1622ih/xml/BILLS-113hr1622ih.xml

113-hr-1623

I 113th CONGRESS 1st Session H. R. 1623 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mrs. Negrete McLeod (for herself, Mr. Cook , Mr. Ruiz , and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to make publicly available certain information about pending and completed claims for compensation under the laws administered by the Secretary, and for other purposes. 1. Short title This Act may be cited as the VA Claims Efficiency Through Information Act of 2013 . 2. Public availability of certain information about pending and completed claims for compensation under the laws administered by the Secretary of Veterans Affairs (a) In general Subchapter I of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: 5109C. Information about pending and completed claims (a) Availability of information The Secretary shall maintain on the Internet website of the Department publicly accessible information about pending and completed claims for compensation under chapter 11 of this title. Such information shall include each of the following: (1) For each regional office— (A) the average number of days between the date of the submittal of a claim and the date of the decision with respect to the claim for each of the preceding 3-month and one-year period; (B) the average number of days such a claim is pending during the preceding 3-month and one-year periods; (C) the quality and accuracy rating of the claims adjudication process during the preceding 3-month and one-year periods; (D) the number of claims pending; (E) the number of pending claims that have been pending for more than 125 days; and (F) the number of claims completed during— (i) the current month, to date; (ii) the month preceding current month; (iii) the current calendar year, to date; and (iv) the calendar year preceding the current calendar year; and (2) For each medical condition for which a claim for compensation is submitted— (A) the average number of days between the date of the submittal of a claim relating to such medical condition and the date of the decision with respect to the claim for each of the preceding 3-month and one-year period; (B) the average number of days such a claim is pending during the preceding 3-month and one-year periods; (C) the quality and accuracy rating of the claims adjudication process as applied to claims relating to such medical condition during the preceding 3-month and one-year periods; (D) the number of pending claims relating to such condition; (E) the number of such pending claims that have been pending for more than 125 days; and (F) the number of claims relating to such medical condition completed during— (i) the current month, to date; (ii) the month preceding current month; (iii) the current calendar year, to date; and (iv) the calendar year preceding the current calendar year. (b) Updates The Secretary shall update the information on the website under subsection (a) not less frequently than once every seven days. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: 5109C. Information about pending and completed claims. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1623ih/xml/BILLS-113hr1623ih.xml

113-hr-1624

I 113th CONGRESS 1st Session H. R. 1624 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Poe of Texas (for himself and Mr. Costa ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Rules and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To safeguard the Crime Victims Fund. 1. Short title This Act may be cited as the Crime Victims Fund Preservation Act of 2013 . 2. Exclusion of crime victims fund from all budgets Notwithstanding any other provision of law, the receipts and disbursements of the Crime Victims Fund (established under section 1402 of the Victims of Crime Act of 1984 ( 42 U.S.C. 10601 )) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of— (1) the budget of the United States Government, as submitted by the President; or (2) the congressional budget. 3. Lock-box protection (a) In general Notwithstanding any other provision of law, it shall not be in order in the House of Representatives or the Senate to consider any measure that would authorize the use of, or appropriate, amounts in the Crime Victims Fund, established under section 1402 of the Victims of Crime Act of 1984 ( 42 U.S.C. 10601 ), including amounts in such Fund that are designated to remain in the Fund for obligation in future fiscal years, for any purpose other than a purpose authorized under such Act. (b) 60-Vote waiver required in the Senate (1) In general Subsection (a) may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (2) Appeals (A) Procedure Appeals in the Senate from the decisions of the Chair relating to paragraph (1) shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the measure that would authorize the payment or use of amounts in the Crime Victims Fund for a purpose other than a purpose authorized under the Victims of Crime Act of 1984 ( 42 U.S.C. 10601 ). (B) 60 votes required An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised in relation to paragraph (1). (c) Exercise of rulemaking powers This section is enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

https://www.govinfo.gov/content/pkg/BILLS-113hr1624ih/xml/BILLS-113hr1624ih.xml

113-hr-1625

I 113th CONGRESS 1st Session H. R. 1625 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Doggett (for himself, Mr. Ellison , Mr. Quigley , Mr. Keating , Mr. Huffman , and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Toxic Substances Control Act to prohibit the manufacture, processing, distribution in commerce, and use of coal tar sealants, and for other purposes. 1. Short title This Act may be cited as the Coal Tar Sealants Reduction Act of 2013 . 2. Findings Congress finds that— (1) polycyclic aromatic hydrocarbons are a group of organic compounds, some of which are— (A) probable human carcinogens, having been identified as such by the Environmental Protection Agency; (B) toxic to aquatic life; and (C) present in exceptionally high con­cen­tra­tions (relative to other possible sources of environmental contamination) in pavement seal­ants, also known as sealcoats, made from coal tar; (2) coal tar sealants are widely used on playgrounds, parking lot surfaces, airport runways, and driveways; (3) research conducted by the United States Geological Survey indicates that elevated levels of polycyclic aromatic hydrocarbons in waterways, where they are toxic to aquatic life and enter the food chain, are associated with use of these coal tar sealants; (4) research conducted by the United States Geological Survey indicates that elevated levels of polycyclic aromatic hydrocarbons on parking lots, where the dust may be tracked into homes and increase health risks, are associated with use of these coal tar sealants; (5) alternative, coal tar-free sealants are available in the marketplace, and nationwide retailers Lowe’s and Home Depot have voluntarily committed to cease carrying coal tar sealants; (6) Austin, TX, was the first municipality to enact a ban on the use of coal tar sealants, which went into effect in 2006, and other local governments have successfully instated similar restrictions; and (7) in 2011, Washington State became the first State to enact such a ban. 3. Coal tar sealants Section 6 of the Toxic Substances Control Act ( 15 U.S.C. 2605 ) is amended by adding at the end the following new subsection: (g) Coal tar sealants (1) Prohibition No person may— (A) manufacture any coal tar sealant after the date that is one year after the date of enactment of this subsection; (B) process or distribute in commerce any coal tar sealant after the date that is one and one-half years after such date of enactment; or (C) use any coal tar sealant after the date that is two and one-half years after such date of enactment. (2) Rules (A) Authority of Administrator The Administrator may promulgate rules to prescribe methods for the transportation, storage, and disposal of coal tar sealants. (B) Promulgation Any rule under subparagraph (A) shall be promulgated in accordance with paragraphs (2), (3), and (4) of subsection (c). (3) Relationship to other Federal laws This subsection does not limit the authority of the Administrator, under any other provision of this Act or any other Federal law, to take action respecting any coal tar sealant. (4) Definition In this subsection, the term coal tar sealant means any product intended for use on a paved surface that contains any substance identified by the Chemical Abstracts Service number 65996–93–2, including ingredients listed as coal tar , refined coal tar , refined tar , or refined coal tar pitch . .

https://www.govinfo.gov/content/pkg/BILLS-113hr1625ih/xml/BILLS-113hr1625ih.xml

113-hr-1626

I 113th CONGRESS 1st Session H. R. 1626 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mrs. Wagner (for herself and Mr. Garrett ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to prohibit the Securities and Exchange Commission from issuing rules requiring the disclosure of an issuer’s expenditures for political activities. 1. Short title This Act may be cited as the Focusing the SEC on Its Mission Act . 2. Prohibition on requiring disclosure of political expenditures Section 13 of the Securities Exchange Act of 1934 (78m) is amended by adding at the end the following: (s) Prohibition on requiring disclosure of political expenditures (1) In general The Commission shall not require the disclosure by an issuer of any political expenditure. (2) Definition The term political expenditure means— (A) an independent expenditure, as such term is defined in section 301(17) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431(17) ); (B) an electioneering communication, as such term is defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3)) and any other public communication (as such term is defined in section 301(22) of such Act ( 2 U.S.C. 431(22) )) that would be an electioneering communication if it were a broadcast, cable, or satellite communication; or (C) dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for the purposes described in clauses (i) or (ii). .

https://www.govinfo.gov/content/pkg/BILLS-113hr1626ih/xml/BILLS-113hr1626ih.xml

113-hr-1627

I 113th CONGRESS 1st Session H. R. 1627 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Ms. Waters (for herself and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Investment Advisers Act of 1940 to require certain investment advisers to pay fees to help cover the costs of inspecting and examining investment advisers under such Act. 1. Short title This Act may be cited as the Investment Adviser Examination Improvement Act of 2013 . 2. Sense of Congress It is the sense of the Congress that the Securities and Exchange Commission should increase the number and frequency of examinations of investment advisers. 3. Inspection and examination fees Section 204 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–4 ) is amended by adding at the end the following new subsection (e) Inspection and examination fees (1) In general The Commission shall collect an annual fee from investment advisers that are subject to inspection or examination by the Commission under this title to defray the cost of such inspections and examinations. (2) Exemptions for certain State-regulated investment advisers No fees shall be collected under this subsection from any investment adviser that is prohibited from registering with the Commission under section 203 by reason of section 203A. (3) Fee amounts (A) Amount to be collected (i) In general The Commission shall seek to ensure that the aggregate amount of fees collected under this subsection with respect to a specific fiscal year are equal to the estimated cost of the Commission in carrying out additional inspections and examinations for such fiscal year. (ii) Additional inspections and examinations defined For purposes of this subparagraph and with respect to a fiscal year, the term additional inspections and examinations means those inspections and examinations of investment advisers under this title for such fiscal year that exceed the number of inspections and examinations of investment advisers under this title conducted during fiscal year 2012. (B) Fee calculation formula The Commission shall establish by rulemaking a formula for determining the fee amount to be assessed against individual investment advisers, which shall take into account the following factors: (i) The anticipated costs of conducting inspections and examinations of investment advisers under this title, including the anticipated frequency of such inspections and examinations. (ii) The investment adviser’s size, including the assets under management of the investment adviser. (iii) The number and type of clients of the investment adviser, and the extent to which the adviser’s clients pay other fees established by the Commission, including registration and transaction fees. (iv) Such other objective factors, such as risk characteristics, as the Commission determines to be appropriate. (C) Adjustment of formula Prior to the end of each fiscal year, the Commission shall review the fee calculation formula and, if, after allowing for a period of public comment, the Commission determines that the formula needs to be revised, the Commission shall revise such formula before fees are assessed for the following fiscal year. (4) Public disclosures The Commission shall make the following information publicly available, including on the Web site of the Commission: (A) The formula used to determine the fee amount to be assessed against individual investment advisers, and any adjustment made to such formula. (B) The factors used to determine such formula, including any additional objective factors used by the Commission pursuant to paragraph (3)(B)(iv). (5) Audit (A) In general The Comptroller General of the United States shall, every 2 years, conduct an audit of the use of the fees collected by the Commission under this subsection, the reviews of the formula used to calculate such fees, and any adjustments made by the Commission to such formula. (B) Report After conducting each audit required under subparagraph (A), the Comptroller General shall issue a report on such audit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (6) Treatment of fees (A) In general Funds derived from fees assessed under this subsection shall be available to the Commission, without further appropriation or fiscal year limitation, to pay any costs associated with inspecting and examining investment advisers that are subject to inspection and examination under this title. (B) Funds not public funds Funds derived from fees assessed under this subsection shall not be construed to be Government or public funds or appropriated money. Notwithstanding any other provision of law, funds derived from fees assessed under this subsection shall not be subject to apportionment for the purpose of chapter 15 of title 31, United States Code, or under any other authority. (C) Funds supplemental to other amounts Funds derived from fees assessed under this subsection shall supplement, and be in addition to, any other amounts available to the Commission, under a regular appropriation or otherwise, for the purpose described in subparagraph (A). .

https://www.govinfo.gov/content/pkg/BILLS-113hr1627ih/xml/BILLS-113hr1627ih.xml

113-hr-1628

I 113th CONGRESS 1st Session H. R. 1628 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Nunes (for himself, Mr. Ryan of Wisconsin , and Mr. Issa ) 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 reporting and disclosure by State and local public employee retirement pension plans. 1. Short title This Act may be cited as the Public Employee Pension Transparency Act . 2. Findings The Congress finds the following: (1) Pursuant to clauses 1 and 3 of section 8 of article I of the Constitution of the United States, the Congress has the authority to condition the continuation of certain specified Federal tax benefits upon State or local government employee pension benefit plans on the provision of meaningful disclosure under section 4980J of the Internal Revenue Code of 1986, as added by this Act. (2) State and local government employee pension benefit plans have promised pension benefits to approximately 20,000,000 Americans who are active employees of these entities. An additional 7,000,000 retirees and their dependents currently receive benefits from State or local government employee pension benefit plans. The interests of participants in many of such plans are in the nature of property rights under State law. (3) State and local government employee pension benefit plans are substantially facilitated by the favorable tax treatment of participants and beneficiaries, investment earnings, and employee contributions with respect to such plans provided by the Federal Government under the Internal Revenue Code of 1986. (4) The investment of State or local government employee pension benefit plan assets, the distribution of benefits under such plans, and other related financial activities are facilitated through the use of instrumentalities of, and substantially affect, interstate commerce. These activities, which are interstate in nature and have a substantial impact on the national economy, affect capital formation, regional growth and decline, the national markets for insurance, and the markets for securities and the trading of securities of State and local governments. (5) The financial status of State or local government employee pension benefit plans also has a direct impact on the national markets for insurance and trading of securities of State and local governments. (6) State or local government employee pension benefit plans additionally have a substantial impact on interstate commerce as a consequence of the interstate movement of participants. (7) State or local government employee pension benefit plans are becoming a large financial burden on certain State and local governments and have already resulted in tax increases and the reduction of services. (8) In fact, a recent study published in the Journal of Economic Perspectives found that the present value of the already promised pension liabilities of the 50 States amount to $5,170,000,000,000 and that these pension plans are unfunded by $3,230,000,000,000. Another study determined that the total unfunded liability for all municipal plans in the United States is $574,000,000,000. (9) Some economists and observers have stated that the extent to which State or local government employee pension benefit plans are underfunded is obscured by governmental accounting rules and practices, particularly as they relate to the valuation of plan assets and liabilities. This results in a misstatement of the value of plan assets and an understatement of plan liabilities, a situation that poses a significant threat to the soundness of State and local budgets. (10) There currently is a lack of meaningful disclosure regarding the value of State or local government employee pension benefit plan assets and liabilities. This lack of meaningful disclosure poses a direct and serious threat to the financial stability of such plans and their sponsoring governments, impairs the ability of State and local government taxpayers and officials to understand the financial obligations of their government, and reduces the likelihood that State and local government processes will be effective in assuring the prudent management of their plans. The status quo also constitutes a serious threat to the future economic health of the Nation and places an undue burden upon State and local government taxpayers, who will be called upon to fully fund existing, and future, pension promises. (11) State or local government employee pension benefit plans affect the national public interest and meaningful disclosure of the value of their assets and liabilities is necessary and desirable in order to adequately protect plan participants and their beneficiaries and the general public. Meaningful disclosure would also further efforts to provide for the general welfare and the free flow of commerce. 3. Reporting of information with respect to State or local government employee pension benefit plans treated as a tax exemption, etc., requirement for State and local bonds (a) In general Subpart B of part IV of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 149A. Reporting with respect to State or local government employee pension benefit plans (a) In general In the case of a failure to satisfy any requirement of subsection (a) or (b) of section 4980J with respect to any plan maintained with respect to employees of one or more States or political subdivisions of one or more States, no specified Federal tax benefit shall be allowed or made with respect to any specified bond issued by any such State or political subdivision (or by any bonding authority acting on behalf, or for the benefit, of such State or political subdivision) during the noncompliance period. (b) Noncompliance period For purposes of this section, the term noncompliance period means, with respect to any State or political subdivision in connection with any failure described in subsection (a), the period beginning on the date that the Secretary notifies such State or political subdivision of such failure and ending on the date that such failure is cured (as determined by the Secretary). (c) Specified bond For purposes of this section, the term specified bond means— (1) any State or local bond within the meaning of section 103, (2) any qualified tax credit bond within the meaning of section 54A, and (3) any build America bond within the meaning of section 54AA. (d) Specified federal tax benefit For purposes of this section, the term specified Federal tax benefit means— (1) any exemption from gross income allowed under section 103 (relating to interest on State and local bonds), (2) any credit allowed under section 54A (relating to credit to holders of qualified tax credit bonds), (3) any credit allowed under section 54AA (relating to build America bonds), and (4) any credit or payment allowed or made under section 6431 (relating to credit for qualified bonds allowed to issuer). . (b) Reporting requirements Chapter 43 of such Code is amended by adding at the end the following new section: 4980J. Failure of State or local government employee pension benefit plans to meet reporting requirements (a) Annual report For purposes of section 149A, the requirements of this subsection are as follows: (1) In general The plan sponsor of a State or local government employee pension benefit plan shall file with the Secretary, in such form and manner as shall be prescribed by the Secretary, a report for each plan year beginning on or after January 1, 2014, setting forth the following information with respect to the plan, as determined by the plan sponsor as of the end of such plan year: (A) A schedule of funding status, which shall include a statement as to the current liability of the plan, the amount of plan assets available to meet that liability, the amount of the net unfunded liability (if any), and the funding percentage of the plan. (B) A schedule of contributions by the plan sponsor for the plan year, indicating which are or are not taken into account under subparagraph (A). (C) Alternative projections which shall be specified in regulations of the Secretary for each of the next 60 plan years following the plan year of the cash flows associated with the current liability, together with a statement of the assumptions used in connection with such projections. The Secretary shall specify in such regulations the projection assumptions to be used as necessary to achieve comparability across plans. (D) A statement of the actuarial assumptions used for the plan year, including the rate of return on investment of plan assets and assumptions as to such other matters as the Secretary may prescribe by regulation. (E) A statement of the number of participants who are each of the following— (i) those who are retired or separated from service and are receiving benefits, (ii) those who are retired or separated and are entitled to future benefits, and (iii) those who are active under the plan. (F) A statement of the plan’s investment returns, including the rate of return, for the plan year and the 5 preceding plan years. (G) A statement of the degree to which, and manner in which, the plan sponsor expects to eliminate any unfunded current liability that may exist for the plan year and the extent to which the plan sponsor has followed the plan’s funding policy for each of the preceding 5 plan years. The Secretary shall prescribe by regulation the specific criteria to be used for meeting the requirements of this paragraph. (H) A statement of the amount of pension obligation bonds outstanding. (I) A statement of the current cost of the plan for the plan year. (2) Timing of report The plan sponsor of a State or local government employee pension benefit plan shall make the filing required under paragraph (1) for each plan year not later than 210 days after the end of such plan year (or within such time as may be required by regulations prescribed by the Secretary in order to reduce duplicative filing). (b) Additional reporting requirements For purposes of section 149A, the requirements of this subsection are as follows: (1) Supplementary reports In any case in which, in determining the information filed in the annual report for a plan year under subsection (a)— (A) the value of plan assets is determined using a standard other than fair market value, or (B) the interest rate or rates used to determine the value of liabilities or as the discount value for liabilities are not the interest rates described in paragraph (3), the plan sponsor shall include in the annual report filed for such plan year pursuant to subsection (a) the supplementary report for such plan year described in paragraph (2) of this subsection. (2) Use of prescribed valuation method and interest rates A supplementary report for a plan year filed for a plan year pursuant to this subsection shall include the information specified as required in the annual report under subparagraphs (A), (F), (G) and (I) of subsection (a)(1), determined as of the end of such plan year by valuing plan assets at fair market value and by using the interest rates described in paragraph (3) to value liabilities and as the discount value for liabilities. (3) Interest rates based on U.S. Treasury obligation yield curve rate (A) In general The interest rates described in this subsection are, with respect to any day, the rates of interest which shall be determined by the Secretary for such day on the basis of the U.S. Treasury obligation yield curve for such day. (B) U.S. treasury obligation yield curve For purposes of this subsection, the term U.S. Treasury obligation yield curve means, with respect to any day, a yield curve which shall be prescribed by the Secretary for such day on interest-bearing obligations of the United States. (c) Definitions and special rules For purposes of this section— (1) State or local government employee pension benefit plan The terms State or local government employee pension benefit plan and plan mean any plan, fund, or program, other than a defined contribution plan (within the meaning of section 414(i)), which was heretofore or is hereafter established or maintained, in whole or in part, by a State, a political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program— (A) provides retirement income to employees, or (B) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond, regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan, or the method of distributing benefits from the plan. (2) Funding percentage The term funding percentage for a plan year means the ratio (expressed as a percentage) which— (A) the value of plan assets as of the end of the plan year bears to (B) the current liability of the plan for the plan year. (3) Current liability The term current liability of a plan for a plan year means the present value of all benefits accrued or earned under the plan as of the end of the plan year. (4) Present value (A) In general The present value of an accrued benefit shall be determined by discounting its future cash flows in accordance with subsection (b)(3). The present value of all benefits accrued for a participant shall be calculated as the sum of the present value of the accrued benefit for each exit event multiplied by the probability of the associated exit event. (B) Exit event An exit event occurs when the employment of a plan participant terminates. For each currently employed plan participant as of the measurement date, there are one or more potential future exit events. Each exit event is associated with a termination date, a cause of termination (e.g., retirement, death, disability, quit, etc.), a contractual benefit, and a probability that the participant will exit employment via the particular event. (5) Accrued benefit (A) In general An accrued benefit is determined for each exit event as the projected benefit multiplied by service earned as of the measurement date divided by service projected to be earned by the event date. For participants retired or separated from service as of the measurement date, the accrued benefit equals the projected benefit. (B) Projected benefit As of the measurement date, a projected benefit (consisting of future cash flows) is calculated for each possible exit event using service projected to be earned to the event date and salary as of the measurement date. Such projected benefit shall reflect any cost-of-living adjustments payable in the future based on the law in effect as of the measurement date. (6) Measurement date The term measurement date means the date as of which the value of the pension obligation is determined (sometimes referred to as the valuation date ). (7) Current cost The term current cost of a plan for a plan year means the present value as of the end of the plan year of all benefits accrued or earned under the plan during the plan year. (8) Plan sponsor The term plan sponsor means, in connection with a State or local government employee pension benefit plan, the State, political subdivision of a State, or agency or instrumentality of a State or a political subdivision of a State which establishes or maintains the plan. (9) Participant (A) In general The term participant means, in connection with a State or local government employee pension benefit plan, an individual— (i) who is an employee or former employee of a State, political subdivision of a State, or agency or instrumentality of a State or a political subdivision of a State which is the plan sponsor of such plan, and (ii) who is or may become eligible to receive a benefit of any type from such plan or whose beneficiaries may be eligible to receive any such benefit. (B) Beneficiary The term beneficiary means a person designated by a participant, or by the terms of the plan, who is or may become entitled to a benefit thereunder. (10) Plan year The term plan year means, in connection with a plan, the calendar or fiscal year on which the records of the plan are kept. (11) State The term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. (12) Fair market value The term fair market value has the meaning of such term under section 430(g)(3)(A) (without regard to section 430(g)(3)(B)). (d) Model reporting statement The Secretary shall develop model reporting statements for purposes of subsections (a) and (b). Plan sponsors of State or local government employee pension plans may elect, in such form and manner as shall be prescribed by the Secretary, to utilize the applicable model reporting statement for purposes of complying with requirements of such subsections. (e) Transparency of information filed The Secretary shall create and maintain a public Web site, with searchable capabilities, for purposes of posting the information received by the Secretary pursuant to subsections (a) and (b). Any such information received by the Secretary (including any updates to such information received by the Secretary) shall be posted on the Web site not later than 60 days after receipt and shall not be treated as return information for purposes of this title. . (c) Clerical amendments (1) The table of sections for subpart B of part IV of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 149A. Reporting with respect to State or local government employee pension benefit plans. . (2) The table of sections for chapter 43 of such Code is amended by adding at the end the following new item: Sec. 4980J. Failure of State or local government employee pension benefit plans to meet reporting requirements. . 4. General provisions and rules of construction (a) Limitations on Federal responsibilities relating to plan obligations and liabilities The United States shall not be liable for any obligation related to any current or future shortfall in any State or local government employee pension plan. Nothing in this Act (or any amendment made by this Act) or any other provision of law shall be construed to provide Federal Government funds to diminish or meet any current or future shortfall in, or obligation of, any State or local government employee pension plan. The preceding sentence shall also apply to the Federal Reserve. (b) No Federal funding standards Nothing in this Act (or any amendment made by this Act) shall be construed to alter existing funding standards for State or local government employee pension plans or to require Federal funding standards for such plans. (c) Definitions Terms used in this section which are also used in section 4980J of the Internal Revenue Code of 1986 shall have the same meaning as when used in such section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1628ih/xml/BILLS-113hr1628ih.xml

113-hr-1629

I 113th CONGRESS 1st Session H. R. 1629 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Rangel introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code to make permanent qualified school construction bonds and qualified zone academy bonds, to treat qualified zone academy bonds as specified tax credit bonds, and to modify the private business contribution requirement for qualified zone academy bonds. 1. Short title This Act may be cited as the Rebuilding America’s Schools Act . 2. Qualified school construction bonds (a) In general Subsection (c) of section 54F of the Internal Revenue Code of 1986 is amended to read as follows: (c) National limitation on amount of bonds designated There is a national qualified school construction bond limitation for each calendar year after 2013 in the amount of $11,000,000,000. . (b) Effective date The amendment made by this section shall apply to obligations issued after December 31, 2013. 3. Modifications relating to qualified zone academy bonds (a) Limitation made permanent Paragraph (1) of section 54E(c) of the Internal Revenue Code of 1986 is amended to read as follows: (1) National limitation There is a national zone academy bond limitation for each calendar year after 2013 in the amount of $1,400,000,000. . (b) Bond proceeds available for construction Paragraph (3) of section 54E(d) of such Code is amended by striking rehabilitating or repairing and inserting constructing, rehabilitating, or repairing . (c) Modification of private business contribution requirement Subsection (b) of section 54E of such Code is amended— (1) by striking if the eligible local education agency and inserting if— (1) the eligible local education agency , and (2) by striking the period at the end and inserting , or (2) the issue will be pooled with other such issues through the acquisition by, or the sponsorship or assistance of, a private, nonprofit corporation established in the District of Columbia and specifically recognized by Congress for the purpose of leveraging resources and stimulating private investment in education technology infrastructure. . (d) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1629ih/xml/BILLS-113hr1629ih.xml

113-hr-1630

I 113th CONGRESS 1st Session H. R. 1630 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Holt (for himself, Ms. Moore , Mr. Grijalva , Mr. Moran , Ms. Slaughter , Mr. Deutch , Mr. Cummings , Ms. Tsongas , Mr. Tonko , Mr. Schiff , Ms. McCollum , Mr. Hastings of Florida , Mr. Quigley , Mrs. Carolyn B. Maloney of New York , Mr. Himes , Mr. DeFazio , Ms. DeLauro , Mr. Walz , Mr. Price of North Carolina , Ms. Norton , Mr. Yarmuth , Mr. Markey , Ms. Pingree of Maine , Mr. Tierney , Mr. Van Hollen , Mrs. Capps , Mr. Waxman , Mr. David Scott of Georgia , Mr. Levin , Ms. Edwards , Mr. Honda , Mr. Smith of Washington , Mr. Israel , Mr. Peters of Michigan , Ms. Meng , Mr. Cohen , Mr. Blumenauer , Mr. Huffman , Mrs. McCarthy of New York , Ms. Chu , Mr. Johnson of Georgia , Mr. Ellison , Mr. Keating , Ms. Schwartz , Mr. Pocan , Ms. Matsui , Mr. Connolly , Mr. Peterson , Ms. Linda T. Sánchez of California , Ms. Shea-Porter , Mr. Langevin , Mr. Lynch , Ms. DelBene , Mr. Nadler , Mr. Grayson , Mr. Lewis , Mr. O’Rourke , Mr. George Miller of California , Mr. Polis , Mr. Capuano , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate as wilderness certain Federal portions of the red rock canyons of the Colorado Plateau and the Great Basin Deserts in the State of Utah for the benefit of present and future generations of people in the United States. 1. Short title; table of contents (a) Short title This Act may be cited as the America’s Red Rock Wilderness Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Designation of wilderness areas Sec. 101. Great Basin Wilderness Areas. Sec. 102. Grand Staircase-Escalante Wilderness Areas. Sec. 103. Moab-La Sal Canyons Wilderness Areas. Sec. 104. Henry Mountains Wilderness Areas. Sec. 105. Glen Canyon Wilderness Areas. Sec. 106. San Juan-Anasazi Wilderness Areas. Sec. 107. Canyonlands Basin Wilderness Areas. Sec. 108. San Rafael Swell Wilderness Areas. Sec. 109. Book Cliffs and Uinta Basin Wilderness Areas. TITLE II—Administrative provisions Sec. 201. General provisions. Sec. 202. Administration. Sec. 203. State school trust land within wilderness areas. Sec. 204. Water. Sec. 205. Roads. Sec. 206. Livestock. Sec. 207. Fish and wildlife. Sec. 208. Management of newly acquired land. Sec. 209. Withdrawal. 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. (2) State The term State means the State of Utah. I Designation of wilderness areas 101. Great Basin Wilderness Areas (a) Findings Congress finds that— (1) the Great Basin region of western Utah is comprised of starkly beautiful mountain ranges that rise as islands from the desert floor; (2) the Wah Wah Mountains in the Great Basin region are arid and austere, with massive cliff faces and leathery slopes speckled with piñon and juniper; (3) the Pilot Range and Stansbury Mountains in the Great Basin region are high enough to draw moisture from passing clouds and support ecosystems found nowhere else on earth; (4) from bristlecone pine, the world’s oldest living organism, to newly flowered mountain meadows, mountains of the Great Basin region are islands of nature that— (A) support remarkable biological diversity; and (B) provide opportunities to experience the colossal silence of the Great Basin; and (5) the Great Basin region of western Utah should be protected and managed to ensure the preservation of the natural conditions of the region. (b) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Antelope Range (approximately 17,000 acres). (2) Barn Hills (approximately 20,000 acres). (3) Black Hills (approximately 9,000 acres). (4) Bullgrass Knoll (approximately 15,000 acres). (5) Burbank Hills/Tunnel Spring (approximately 92,000 acres). (6) Conger Mountains (approximately 21,000 acres). (7) Crater Bench (approximately 35,000 acres). (8) Crater and Silver Island Mountains (approximately 121,000 acres). (9) Cricket Mountains Cluster (approximately 62,000 acres). (10) Deep Creek Mountains (approximately 126,000 acres). (11) Drum Mountains (approximately 39,000 acres). (12) Dugway Mountains (approximately 24,000 acres). (13) Essex Canyon (approximately 1,300 acres). (14) Fish Springs Range (approximately 64,000 acres). (15) Granite Peak (approximately 19,000 acres). (16) Grassy Mountains (approximately 23,000 acres). (17) Grouse Creek Mountains (approximately 15,000 acres). (18) House Range (approximately 201,000 acres). (19) Keg Mountains (approximately 38,000 acres). (20) Kern Mountains (approximately 15,000 acres). (21) King Top (approximately 110,000 acres). (22) Ledger Canyon (approximately 9,000 acres). (23) Little Goose Creek (approximately 1,200 acres). (24) Middle/Granite Mountains (approximately 80,000 acres). (25) Mount Escalante (approximately 18,000 acres). (26) Mountain Home Range (approximately 90,000 acres). (27) Newfoundland Mountains (approximately 22,000 acres). (28) Ochre Mountain (approximately 13,000 acres). (29) Oquirrh Mountains (approximately 9,000 acres). (30) Painted Rock Mountain (approximately 26,000 acres). (31) Paradise/Steamboat Mountains (approximately 144,000 acres). (32) Pilot Range (approximately 45,000 acres). (33) Red Tops (approximately 28,000 acres). (34) Rockwell-Little Sahara (approximately 21,000 acres). (35) San Francisco Mountains (approximately 39,000 acres). (36) Sand Ridge (approximately 73,000 acres). (37) Simpson Mountains (approximately 42,000 acres). (38) Snake Valley (approximately 100,000 acres). (39) Spring Creek Canyon (approximately 4,000 acres). (40) Stansbury Island (approximately 10,000 acres). (41) Stansbury Mountains (approximately 24,000 acres). (42) Thomas Range (approximately 36,000 acres). (43) Tule Valley (approximately 159,000 acres). (44) Wah Wah Mountains (approximately 167,000 acres). (45) Wasatch/Sevier Plateaus (approximately 29,000 acres). (46) White Rock Range (approximately 5,200 acres). 102. Grand Staircase-Escalante Wilderness Areas (a) Grand Staircase area (1) Findings Congress finds that— (A) the area known as the Grand Staircase rises more than 6,000 feet in a series of great cliffs and plateaus from the depths of the Grand Canyon to the forested rim of Bryce Canyon; (B) the Grand Staircase— (i) spans 6 major life zones, from the lower Sonoran Desert to the alpine forest; and (ii) encompasses geologic formations that display 3,000,000,000 years of Earth’s history; (C) land managed by the Secretary lines the intricate canyon system of the Paria River and forms a vital natural corridor connection to the deserts and forests of those national parks; (D) land described in paragraph (2) (other than East of Bryce, Upper Kanab Creek, Moquith Mountain, Bunting Point, and Vermillion Cliffs) is located within the Grand Staircase-Escalante National Monument; and (E) the Grand Staircase in Utah should be protected and managed as a wilderness area. (2) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Bryce View (approximately 4,500 acres). (B) Bunting Point (approximately 11,000 acres). (C) Canaan Mountain (approximately 16,000 acres in Kane County). (D) Canaan Peak Slopes (approximately 2,300 acres). (E) East of Bryce (approximately 750 acres). (F) Glass Eye Canyon (approximately 24,000 acres). (G) Ladder Canyon (approximately 14,000 acres). (H) Moquith Mountain (approximately 16,000 acres). (I) Nephi Point (approximately 14,000 acres). (J) Orderville Canyon (approximately 9,200 acres). (K) Paria-Hackberry (approximately 188,000 acres). (L) Paria Wilderness Expansion (approximately 3,300 acres). (M) Parunuweap Canyon (approximately 43,000 acres). (N) Pine Hollow (approximately 11,000 acres). (O) Slopes of Bryce (approximately 2,600 acres). (P) Timber Mountain (approximately 51,000 acres). (Q) Upper Kanab Creek (approximately 49,000 acres). (R) Vermillion Cliffs (approximately 26,000 acres). (S) Willis Creek (approximately 21,000 acres). (b) Kaiparowits Plateau (1) Findings Congress finds that— (A) the Kaiparowits Plateau east of the Paria River is one of the most rugged and isolated wilderness regions in the United States; (B) the Kaiparowits Plateau, a windswept land of harsh beauty, contains distant vistas and a remarkable variety of plant and animal species; (C) ancient forests, an abundance of big game animals, and 22 species of raptors thrive undisturbed on the grassland mesa tops of the Kaiparowits Plateau; (D) each of the areas described in paragraph (2) (other than Heaps Canyon, Little Valley, and Wide Hollow) is located within the Grand Staircase-Escalante National Monument; and (E) the Kaiparowits Plateau should be protected and managed as a wilderness area. (2) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Andalex Not (approximately 18,000 acres). (B) The Blues (approximately 21,000 acres). (C) Box Canyon (approximately 2,800 acres). (D) Burning Hills (approximately 80,000 acres). (E) Carcass Canyon (approximately 83,000 acres). (F) The Cockscomb (approximately 11,000 acres). (G) Fiftymile Bench (approximately 12,000 acres). (H) Fiftymile Mountain (approximately 203,000 acres). (I) Heaps Canyon (approximately 4,000 acres). (J) Horse Spring Canyon (approximately 31,000 acres). (K) Kodachrome Headlands (approximately 10,000 acres). (L) Little Valley Canyon (approximately 4,000 acres). (M) Mud Spring Canyon (approximately 65,000 acres). (N) Nipple Bench (approximately 32,000 acres). (O) Paradise Canyon-Wahweap (approximately 262,000 acres). (P) Rock Cove (approximately 16,000 acres). (Q) Warm Creek (approximately 23,000 acres). (R) Wide Hollow (approximately 6,800 acres). (c) Escalante canyons (1) Findings Congress finds that— (A) glens and coves carved in massive sandstone cliffs, spring-watered hanging gardens, and the silence of ancient Anasazi ruins are examples of the unique features that entice hikers, campers, and sightseers from around the world to Escalante Canyon; (B) Escalante Canyon links the spruce fir forests of the 11,000-foot Aquarius Plateau with winding slickrock canyons that flow into Glen Canyon; (C) Escalante Canyon, one of Utah’s most popular natural areas, contains critical habitat for deer, elk, and wild bighorn sheep that also enhances the scenic integrity of the area; (D) each of the areas described in paragraph (2) is located within the Grand Staircase-Escalante National Monument; and (E) Escalante Canyon should be protected and managed as a wilderness area. (2) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Brinkerhof Flats (approximately 3,000 acres). (B) Colt Mesa (approximately 28,000 acres). (C) Death Hollow (approximately 49,000 acres). (D) Forty Mile Gulch (approximately 6,600 acres). (E) Hurricane Wash (approximately 9,000 acres). (F) Lampstand (approximately 7,900 acres). (G) Muley Twist Flank (approximately 3,600 acres). (H) North Escalante Canyons (approximately 176,000 acres). (I) Pioneer Mesa (approximately 11,000 acres). (J) Scorpion (approximately 53,000 acres). (K) Sooner Bench (approximately 390 acres). (L) Steep Creek (approximately 35,000 acres). (M) Studhorse Peaks (approximately 24,000 acres). 103. Moab-La Sal Canyons Wilderness Areas (a) Findings Congress finds that— (1) the canyons surrounding the La Sal Mountains and the town of Moab offer a variety of extraordinary landscapes; (2) outstanding examples of natural formations and landscapes in the Moab-La Sal area include the huge sandstone fins of Behind the Rocks, the mysterious Fisher Towers, and the whitewater rapids of Westwater Canyon; and (3) the Moab-La Sal area should be protected and managed as a wilderness area. (b) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Arches Adjacent (approximately 12,000 acres). (2) Beaver Creek (approximately 41,000 acres). (3) Behind the Rocks and Hunters Canyon (approximately 22,000 acres). (4) Big Triangle (approximately 20,000 acres). (5) Coyote Wash (approximately 28,000 acres). (6) Dome Plateau-Professor Valley (approximately 35,000 acres). (7) Fisher Towers (approximately 18,000 acres). (8) Goldbar Canyon (approximately 9,000 acres). (9) Granite Creek (approximately 5,000 acres). (10) Mary Jane Canyon (approximately 25,000 acres). (11) Mill Creek (approximately 14,000 acres). (12) Porcupine Rim and Morning Glory (approximately 20,000 acres). (13) Renegade Point (approximately 6,600 acres). (14) Westwater Canyon (approximately 37,000 acres). (15) Yellow Bird (approximately 4,200 acres). 104. Henry Mountains Wilderness Areas (a) Findings Congress finds that— (1) the Henry Mountain Range, the last mountain range to be discovered and named by early explorers in the contiguous United States, still retains a wild and undiscovered quality; (2) fluted badlands that surround the flanks of 11,000-foot Mounts Ellen and Pennell contain areas of critical habitat for mule deer and for the largest herd of free-roaming buffalo in the United States; (3) despite their relative accessibility, the Henry Mountain Range remains one of the wildest, least-known ranges in the United States; and (4) the Henry Mountain range should be protected and managed to ensure the preservation of the range as a wilderness area. (b) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bull Mountain (approximately 16,000 acres). (2) Bullfrog Creek (approximately 35,000 acres). (3) Dogwater Creek (approximately 3,400 acres). (4) Fremont Gorge (approximately 20,000 acres). (5) Long Canyon (approximately 16,000 acres). (6) Mount Ellen-Blue Hills (approximately 140,000 acres). (7) Mount Hillers (approximately 21,000 acres). (8) Mount Pennell (approximately 147,000 acres). (9) Notom Bench (approximately 6,200 acres). (10) Oak Creek (approximately 1,700 acres). (11) Ragged Mountain (approximately 28,000 acres). 105. Glen Canyon Wilderness Areas (a) Findings Congress finds that— (1) the side canyons of Glen Canyon, including the Dirty Devil River and the Red, White and Blue Canyons, contain some of the most remote and outstanding landscapes in southern Utah; (2) the Dirty Devil River, once the fortress hideout of outlaw Butch Cassidy’s Wild Bunch, has sculpted a maze of slickrock canyons through an imposing landscape of monoliths and inaccessible mesas; (3) the Red and Blue Canyons contain colorful Chinle/Moenkopi badlands found nowhere else in the region; and (4) the canyons of Glen Canyon in the State should be protected and managed as wilderness areas. (b) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Cane Spring Desert (approximately 18,000 acres). (2) Dark Canyon (approximately 134,000 acres). (3) Dirty Devil (approximately 242,000 acres). (4) Fiddler Butte (approximately 92,000 acres). (5) Flat Tops (approximately 30,000 acres). (6) Little Rockies (approximately 64,000 acres). (7) The Needle (approximately 11,000 acres). (8) Red Rock Plateau (approximately 213,000 acres). (9) White Canyon (approximately 98,000 acres). 106. San Juan-Anasazi Wilderness Areas (a) Findings Congress finds that— (1) more than 1,000 years ago, the Anasazi Indian culture flourished in the slickrock canyons and on the piñon-covered mesas of southeastern Utah; (2) evidence of the ancient presence of the Anasazi pervades the Cedar Mesa area of the San Juan-Anasazi area where cliff dwellings, rock art, and ceremonial kivas embellish sandstone overhangs and isolated benchlands; (3) the Cedar Mesa area is in need of protection from the vandalism and theft of its unique cultural resources; (4) the Cedar Mesa wilderness areas should be created to protect both the archaeological heritage and the extraordinary wilderness, scenic, and ecological values of the United States; and (5) the San Juan-Anasazi area should be protected and managed as a wilderness area to ensure the preservation of the unique and valuable resources of that area. (b) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Allen Canyon (approximately 5,900 acres). (2) Arch Canyon (approximately 30,000 acres). (3) Comb Ridge (approximately 15,000 acres). (4) East Montezuma (approximately 45,000 acres). (5) Fish and Owl Creek Canyons (approximately 73,000 acres). (6) Grand Gulch (approximately 159,000 acres). (7) Hammond Canyon (approximately 4,400 acres). (8) Nokai Dome (approximately 93,000 acres). (9) Road Canyon (approximately 63,000 acres). (10) San Juan River (Sugarloaf) (approximately 15,000 acres). (11) The Tabernacle (approximately 7,000 acres). (12) Valley of the Gods (approximately 21,000 acres). 107. Canyonlands Basin Wilderness Areas (a) Findings Congress finds that— (1) Canyonlands National Park safeguards only a small portion of the extraordinary red-hued, cliff-walled canyonland region of the Colorado Plateau; (2) areas near Arches National Park and Canyonlands National Park contain canyons with rushing perennial streams, natural arches, bridges, and towers; (3) the gorges of the Green and Colorado Rivers lie on adjacent land managed by the Secretary; (4) popular overlooks in Canyonlands Nations Park and Dead Horse Point State Park have views directly into adjacent areas, including Lockhart Basin and Indian Creek; and (5) designation of those areas as wilderness would ensure the protection of this erosional masterpiece of nature and of the rich pockets of wildlife found within its expanded boundaries. (b) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bridger Jack Mesa (approximately 33,000 acres). (2) Butler Wash (approximately 27,000 acres). (3) Dead Horse Cliffs (approximately 5,300 acres). (4) Demon’s Playground (approximately 3,700 acres). (5) Duma Point (approximately 14,000 acres). (6) Gooseneck (approximately 9,000 acres). (7) Hatch Point Canyons/Lockhart Basin (approximately 149,000 acres). (8) Horsethief Point (approximately 15,000 acres). (9) Indian Creek (approximately 28,000 acres). (10) Labyrinth Canyon (approximately 150,000 acres). (11) San Rafael River (approximately 101,000 acres). (12) Shay Mountain (approximately 14,000 acres). (13) Sweetwater Reef (approximately 69,000 acres). (14) Upper Horseshoe Canyon (approximately 60,000 acres). 108. San Rafael Swell Wilderness Areas (a) Findings Congress finds that— (1) the San Rafael Swell towers above the desert like a castle, ringed by 1,000-foot ramparts of Navajo Sandstone; (2) the highlands of the San Rafael Swell have been fractured by uplift and rendered hollow by erosion over countless millennia, leaving a tremendous basin punctuated by mesas, buttes, and canyons and traversed by sediment-laden desert streams; (3) among other places, the San Rafael wilderness offers exceptional back country opportunities in the colorful Wild Horse Badlands, the monoliths of North Caineville Mesa, the rock towers of Cliff Wash, and colorful cliffs of Humbug Canyon; (4) the mountains within these areas are among Utah’s most valuable habitat for desert bighorn sheep; and (5) the San Rafael Swell area should be protected and managed to ensure its preservation as a wilderness area. (b) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Cedar Mountain (approximately 15,000 acres). (2) Devils Canyon (approximately 23,000 acres). (3) Eagle Canyon (approximately 38,000 acres). (4) Factory Butte (approximately 22,000 acres). (5) Hondu Country (approximately 20,000 acres). (6) Jones Bench (approximately 2,800 acres). (7) Limestone Cliffs (approximately 25,000 acres). (8) Lost Spring Wash (approximately 37,000 acres). (9) Mexican Mountain (approximately 100,000 acres). (10) Molen Reef (approximately 33,000 acres). (11) Muddy Creek (approximately 240,000 acres). (12) Mussentuchit Badlands (approximately 25,000 acres). (13) Pleasant Creek Bench (approximately 1,100 acres). (14) Price River-Humbug (approximately 120,000 acres). (15) Red Desert (approximately 40,000 acres). (16) Rock Canyon (approximately 18,000 acres). (17) San Rafael Knob (approximately 15,000 acres). (18) San Rafael Reef (approximately 114,000 acres). (19) Sids Mountain (approximately 107,000 acres). (20) Upper Muddy Creek (approximately 19,000 acres). (21) Wild Horse Mesa (approximately 92,000 acres). 109. Book Cliffs and Uinta Basin Wilderness Areas (a) Findings Congress finds that— (1) the Book Cliffs and Uinta Basin wilderness areas offer— (A) unique big game hunting opportunities in verdant high-plateau forests; (B) the opportunity for float trips of several days duration down the Green River in Desolation Canyon; and (C) the opportunity for calm water canoe weekends on the White River; (2) the long rampart of the Book Cliffs bounds the area on the south, while seldom-visited uplands, dissected by the rivers and streams, slope away to the north into the Uinta Basin; (3) bears, Bighorn sheep, cougars, elk, and mule deer flourish in the back country of the Book Cliffs; and (4) the Book Cliffs and Uinta Basin areas should be protected and managed to ensure the protection of the areas as wilderness. (b) Designation In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System. (1) Bourdette Draw (approximately 15,000 acres). (2) Bull Canyon (approximately 2,800 acres). (3) Chipeta (approximately 95,000 acres). (4) Dead Horse Pass (approximately 8,000 acres). (5) Desbrough Canyon (approximately 13,000 acres). (6) Desolation Canyon (approximately 555,000 acres). (7) Diamond Breaks (approximately 9,000 acres). (8) Diamond Canyon (approximately 166,000 acres). (9) Diamond Mountain (also known as Wild Mountain ) (approximately 27,000 acres). (10) Dinosaur Adjacent (approximately 10,000 acres). (11) Goslin Mountain (approximately 4,900 acres). (12) Hideout Canyon (approximately 12,000 acres). (13) Lower Bitter Creek (approximately 14,000 acres). (14) Lower Flaming Gorge (approximately 21,000 acres). (15) Mexico Point (approximately 15,000 acres). (16) Moonshine Draw (also known as Daniels Canyon ) (approximately 10,000 acres). (17) Mountain Home (approximately 9,000 acres). (18) O-Wi-Yu-Kuts (approximately 13,000 acres). (19) Red Creek Badlands (approximately 3,600 acres). (20) Seep Canyon (approximately 21,000 acres). (21) Sunday School Canyon (approximately 18,000 acres). (22) Survey Point (approximately 8,000 acres). (23) Turtle Canyon (approximately 39,000 acres). (24) White River (approximately 23,000 acres). (25) Winter Ridge (approximately 38,000 acres). (26) Wolf Point (approximately 15,000 acres). II Administrative provisions 201. General provisions (a) Names of wilderness areas Each wilderness area named in title I shall— (1) consist of the quantity of land referenced with respect to that named area, as generally depicted on the map entitled Utah BLM Wilderness Proposed by H.R. ___ , 113th Congress ; and (2) be known by the name given to it in title I. (b) Map and description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by this Act with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the Office of the Director of the Bureau of Land Management. 202. Administration Subject to valid rights in existence on the date of enactment of this Act, each wilderness area designated under this Act shall be administered by the Secretary in accordance with— (1) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (2) the Wilderness Act (16 U.S.C. 1131 et seq.). 203. State school trust land within wilderness areas (a) In general Subject to subsection (b), if State-owned land is included in an area designated by this Act as a wilderness area, the Secretary shall offer to exchange land owned by the United States in the State of approximately equal value in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ) and section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ). (b) Mineral interests The Secretary shall not transfer any mineral interests under subsection (a) unless the State transfers to the Secretary any mineral interests in land designated by this Act as a wilderness area. 204. Water (a) Reservation (1) Water for wilderness areas (A) In general With respect to each wilderness area designated by this Act, Congress reserves a quantity of water determined by the Secretary to be sufficient for the wilderness area. (B) Priority date The priority date of a right reserved under subparagraph (A) shall be the date of enactment of this Act. (2) Protection of rights The Secretary and other officers and employees of the United States shall take any steps necessary to protect the rights reserved by paragraph (1)(A), including the filing of a claim for the quantification of the rights in any present or future appropriate stream adjudication in the courts of the State— (A) in which the United States is or may be joined; and (B) that is conducted in accordance with section 208 of the Department of Justice Appropriation Act, 1953 (66 Stat. 560, chapter 651). (b) Prior rights not affected Nothing in this Act relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act. (c) Administration (1) Specification of rights The Federal water rights reserved by this Act are specific to the wilderness areas designated by this Act. (2) No precedent established Nothing in this Act related to reserved Federal water rights— (A) shall establish a precedent with regard to any future designation of water rights; or (B) shall affect the interpretation of any other Act or any designation made under any other Act. 205. Roads (a) Setbacks (1) Measurement in general A setback under this section shall be measured from the center line of the road. (2) Wilderness on one side of roads Except as provided in subsection (b), a setback for a road with wilderness on only one side shall be set at— (A) 300 feet from a paved Federal or State highway; (B) 100 feet from any other paved road or high standard dirt or gravel road; and (C) 30 feet from any other road. (3) Wilderness on both sides of roads Except as provided in subsection (b), a setback for a road with wilderness on both sides (including cherry-stems or roads separating 2 wilderness units) shall be set at— (A) 200 feet from a paved Federal or State highway; (B) 40 feet from any other paved road or high standard dirt or gravel road; and (C) 10 feet from any other roads. (b) Setback exceptions (1) Well-defined topographical barriers If, between the road and the boundary of a setback area described in paragraph (2) or (3) of subsection (a), there is a well-defined cliff edge, stream bank, or other topographical barrier, the Secretary shall use the barrier as the wilderness boundary. (2) Fences If, between the road and the boundary of a setback area specified in paragraph (2) or (3) of subsection (a), there is a fence running parallel to a road, the Secretary shall use the fence as the wilderness boundary if, in the opinion of the Secretary, doing so would result in a more manageable boundary. (3) Deviations from setback areas (A) Exclusion of disturbances from wilderness boundaries In cases where there is an existing livestock development, dispersed camping area, borrow pit, or similar disturbance within 100 feet of a road that forms part of a wilderness boundary, the Secretary may delineate the boundary so as to exclude the disturbance from the wilderness area. (B) Limitation on exclusion of disturbances The Secretary shall make a boundary adjustment under subparagraph (A) only if the Secretary determines that doing so is consistent with wilderness management goals. (C) Deviations restricted to minimum necessary Any deviation under this paragraph from the setbacks required under in paragraph (2) or (3) of subsection (a) shall be the minimum necessary to exclude the disturbance. (c) Delineation within setback area The Secretary may delineate a wilderness boundary at a location within a setback under paragraph (2) or (3) of subsection (a) if, as determined by the Secretary, the delineation would enhance wilderness management goals. 206. Livestock Within the wilderness areas designated under title I, the grazing of livestock authorized on the date of enactment of this Act shall be permitted to continue subject to such reasonable regulations and procedures as the Secretary considers necessary, as long as the regulations and procedures are consistent with— (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and (2) section 101(f) of the Arizona Desert Wilderness Act of 1990 ( Public Law 101–628 ; 104 Stat. 4469). 207. Fish and wildlife Nothing in this Act affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State. 208. Management of newly acquired land Any land within the boundaries of a wilderness area designated under this Act that is acquired by the Federal Government shall— (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this Act and other laws applicable to wilderness areas. 209. Withdrawal Subject to valid rights existing on the date of enactment of this Act, the Federal land referred to in title I is withdrawn from all forms of— (1) entry, appropriation, or disposal under public law; (2) location, entry, and patent under mining law; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

https://www.govinfo.gov/content/pkg/BILLS-113hr1630ih/xml/BILLS-113hr1630ih.xml

113-hr-1631

I 113th CONGRESS 1st Session H. R. 1631 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Markey introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 37, United States Code, to require the Secretary of Defense to ensure that members of the Armed Forces serving in a combat zone automatically receive the education benefits to which they are entitled. 1. Short title This Act may be cited as the Accessing Military Education Benefits Act . 2. Department of Defense efforts to ensure operation of current prohibition on accrual of interest on direct student loans of members of the Armed Forces receiving imminent danger pay or hazardous duty pay (a) Members receiving imminent danger pay Section 310 of title 37, United States Code, is amended by adding at the end the following new subsection: (f) No accrual of student loan interest for members serving in areas of hostilities When a member is assigned to duty in an area for which special pay is available under subsection (a), the Secretary of Defense shall ensure that, if the member has any direct student loans, the member automatically obtains the benefits provided under section 455(o) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(o) ). The Secretary may waive application of this subsection if the Secretary certifies that such application may adversely impact the national security interests of the United States. . (b) Members receiving hazardous duty pay Section 351 of such title is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): (h) No accrual of student loan interest for members serving in areas of hostilities When a member is assigned to duty in an area for which special pay is available under paragraph (1) or (3) of subsection (a), the Secretary of Defense shall ensure that, if the member has any direct student loans, the member automatically obtains the benefits provided under section 455(o) of the Higher Education Act of 1965 (20 U.S.C. 1087e(o)). The Secretary may waive application of this subsection if the Secretary certifies that such application may adversely impact the national security interests of the United States. . (c) Implementation Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a plan describing how the Secretary will implement the amendments made by this section to ensure that members of the Armed Forces automatically obtain the benefits provided under section 455(o) of the Higher Education Act of 1965 (20 U.S.C. 1087e(o)). Implementation of the plan shall commence not later than 180 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1631ih/xml/BILLS-113hr1631ih.xml

113-hr-1632

I 113th CONGRESS 1st Session H. R. 1632 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Southerland (for himself, Mr. McIntyre , Mr. Enyart , Mr. Young of Alaska , Mrs. Hartzler , Mr. Roe of Tennessee , Mr. Stockman , Mr. Ribble , and Mr. Duncan of South Carolina ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To ensure that the Federal government is able to receive the maximum return on its investment in the rural essential community facilities loan and grant programs and effective services to rural communities. 1. Short title This Act may be cited as the Building Rural Communities Act . 2. Essential community facilities technical assistance and traning 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: (D) Essential community facilities technical assistance and training (i) In general The Secretary may make grants to public bodies and private nonprofit corporations, such as States, counties, cities, townships, and incorporated towns and villages, boroughs, authorities, districts and Indian tribes on Federal and State reservations which will serve rural areas for the purpose of enabling them to provide to associations described in paragraph (1) technical assistance and training to— (I) assist communities in identifying and planning for community facility needs; (II) identify public and private resources to finance community facilities needs; (III) prepare reports and surveys necessary to request financial assistance to develop community facilities; (IV) prepare applications for financial assistance; (V) improve the management, including financial management, related to the operation of community facilities; or (VI) assist with other areas of need identified by the Secretary. (ii) Selection priority In selecting recipients of grants under this subparagraph, the Secretary shall give priority to private, nonprofit organizations that have experience in providing technical assistance and training to rural entities. (iii) Funding Not less than 3 nor more than 5 percent of any funds appropriated to carry out each of the essential community facilities loan program authorized in paragraph (1) and the essential community facilities grant program authorized in subparagraph (A) for any fiscal year shall be reserved for grants under this subparagraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1632ih/xml/BILLS-113hr1632ih.xml

113-hr-1633

I 113th CONGRESS 1st Session H. R. 1633 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the conveyance of small parcels of National Forest System land and small parcels of public lands administered by the Bureau of Land Management to private landowners, State, county, and local governments, or Indian tribes whose lands share a boundary with the National Forest System land or public lands, and for other purposes. 1. Short title This Act may be cited as the Small Lands Tracts Conveyance Act . 2. Special conveyance authority regarding small parcels of National Forest System land and public lands (a) Definitions In this section: (1) Adjacent landholder The term adjacent landholder means any holder of non-Federal land (including a holder that is a State, county, or local government or any agency thereof, or an Indian tribe) that shares one or more boundaries with an eligible Federal lands parcel and who makes a request to purchase an eligible Federal lands parcel. (2) Director concerned The term Director concerned means the Director of the Bureau of Land Management for a State. (3) Eligible Federal lands parcel The term eligible Federal lands parcel means a parcel of National Forest System land or the public lands that— (A) shares one or more boundaries with non-Federal land; (B) is located within the boundaries of an incorporated or unincorporated area with a population of at least 500 residents; (C) is not subject to existing rights held by a non-Federal entity; (D) does not contain an exceptional resource; and (E) is not habitat for an endangered species or a threatened species determined under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ). (4) Exceptional resource The term exceptional resource means a resource of scientific, historic, cultural, or recreational value on a parcel of public lands that the Director concerned or Regional Forester concerned determines, on the record and after an opportunity for a hearing— (A) is documented by a Federal, State, or local governmental authority; and (B) requires extraordinary conservation and protection to maintain the resource for the benefit of the public. (5) Indian tribe The term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ). (6) National forest system land (A) In general The term National Forest System land means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ), including the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 ( 7 U.S.C. 1010–1012 ). (B) Exclusions The term does not include any land managed by the Forest Service that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, the national system of trails, or land held in trust by the United States for the benefit of any Indian tribe. (7) Public lands (A) In general The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ). (B) Exclusions The term does not include any land managed by the Bureau of Land Management that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, the national system of trails, or land held in trust by the United States for the benefit of any Indian tribe. (8) Regional Forester concerned The term Regional Forester concerned means the Regional Forester with jurisdiction over the National Forest System land of a specific Forest Service Region. (b) Selection of parcels for conveyance (1) Two selection methods The Director concerned or the Regional Forester concerned shall select an eligible Federal lands parcel for conveyance under this section— (A) in response to a request submitted by an adjacent landholder; or (B) upon the recommendation of the District Office of the Bureau of Land Management or unit of the National Forest System exercising administration over the parcel. (2) Adjacent landholder request (A) Process required The Secretary of Agriculture and the Secretary of the Interior each shall create a process by which an adjacent landholder may request to purchase an eligible Federal lands parcel. (B) Guidelines To the maximum extent practicable, the process shall be consistent with other public purchase request processes used by the Forest Service and the Bureau of Land Management to convey Federal land under their respective statutory and regulatory authority. (C) Public accessibility The process shall be open to the public and available on the internet. (D) Deadline The process shall be available to the public within 90 days of the date of the enactment of this Act. (3) Review of adjacent landholder request When an adjacent landholder submits a request under paragraph (1)(A) for conveyance of a parcel of National Forest System land or public lands, the Director concerned or the Regional Forester concerned shall review the parcel and determine, within 30 days after receipt of the request, whether the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (4) Rejection of adjacent landholder request If the Director concerned or the Regional Forester concerned determines under paragraph (2) that all or a portion of the parcel of National Forest System land or public lands covered by an adjacent landholder request under paragraph (1)(A) fails to satisfy the definition of eligible Federal lands parcel, the Director concerned or the Regional Forester concerned shall give the landowner— (A) a written explanation of the reasons for the rejection, which specifies— (i) which of the elements of the definition of eligible Federal lands parcel the parcel fails to satisfy and how and why the parcel fails to satisfy that element; (ii) how the continued administration of the parcel by the Bureau of Land Management or the Forest Service would impact the parcel and surrounding economy; and (iii) why the Federal Government needs to maintain ownership of the parcel and would be the best land ownership steward of the parcel; and (B) an opportunity to appeal the rejection under subsection (e). (c) Parcel and acreage limitations (1) Acreage An eligible Federal lands parcel conveyed under this section may not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (2) Number of parcels An adjacent landholder may only acquire one eligible Federal lands parcel under this section per year, except that, if the parcel is less than 160 acres in size, the adjacent landholder may acquire additional eligible Federal lands parcels during that year so long as the total acreage acquired does not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (d) Conveyance process (1) Public notice The Director concerned or the Regional Forester concerned shall provide public notice of the availability of an eligible Federal lands parcel, even in cases in which the parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same adjacent landholder. The notice shall state that the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (2) Single adjacent landholder If the eligible Federal lands parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same adjacent landholder, the Director concerned or the Regional Forester concerned shall carry out a negotiated sale of the eligible Federal lands parcel with the adjacent landholder. (3) Multiple adjacent landholders If multiple parcels of non-Federal land, owned by different adjacent landholders, share a boundary with an eligible public lands parcel, the sale of the eligible public lands parcel under this section shall be conducted using competitive bidding procedures established under section 203(f) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713(f) ). (4) Rejection of offers The Director concerned or the Regional Forester concerned may reject any offer made under this subsection that does not offer the minimum consideration required by subsection (f). The adjacent landholder shall be given an opportunity to appeal the rejection under subsection (e). (5) Compliance with local planning and zoning As a condition of the conveyance of an eligible public lands parcel under this section, the Director concerned or the Regional Forester concerned shall require the purchaser of the parcel to agree to comply with all local land use ordinances and any master zoning plan applicable to the parcel or the adjacent non-Federal land of the purchaser. (6) Form of conveyance When an eligible Federal lands parcel is to be sold under this section, the Director concerned or the Regional Forester concerned shall convey, by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to the parcel. (e) Appeals process (1) Availability of appeal If the Director concerned or the Regional Forester concerned rejects an adjacent landholder request under subsection (b)(1)(A) for selection of a parcel of National Forest System land or public lands for conveyance under this section or rejects an adjacent landholder offer for purchase of an eligible Federal lands parcel under subsection (d), the Director concerned or the Regional Forester concerned shall provide an appeals process for reconsideration of the rejection using the expedited Forest Service appeals process available under section 322(d) of Public Law 102–381 ( 16 U.S.C. 1612 note). (2) Administering official For purposes of applying section 322(d) of Public Law 102–381 ( 16 U.S.C. 1612 note), references to the Chief of the Forest Service or the Secretary of Agriculture shall be deemed to mean the Director concerned or the Regional Forester concerned. (f) Consideration (1) Fair market value As consideration for the sale of an eligible Federal lands parcel under this section, the Director concerned or the Regional Forester concerned shall require a cash payment in an amount that is equal to not less than the fair market value of the parcel, including the mineral estate, being conveyed by the Director concerned or the Regional Forester concerned. (2) Establishment The fair market value of an eligible Federal lands parcel shall be established by an appraisal submitted by the adjacent landholder seeking to purchase the parcel, unless the Director concerned or the Regional Forester concerned rejects such appraisal within 45 days after submission. In the case of the rejection of the appraisal, the Director concerned or the Regional Forester concerned shall cause another appraisal to be conducted, within 30 days, in accordance with the regulations regarding appraisals issued under section 206(f) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(f) ). (g) Treatment of proceeds (1) Establishment of fund The Secretary of the Treasury shall establish in the Treasury of the United States a special fund to provide for the collection and distribution of funds under this subsection. (2) Collection Funds collected from the conveyance of an eligible Federal lands parcel under this section shall be deposited into the Treasury fund created under paragraph (1). (3) Distribution Funds collected under this subsection shall be distributed annually to those States in which the Federal Government owns more than 33 percent of the land area of that State according to the calculation provided in paragraph (4). (4) Calculation of distribution From amounts collected and deposited under this section— (A) 50 percent of the amount collected from a conveyance shall be distributed to the State in which the conveyance took place; and (B) the remaining 50 percent shall be distributed equally between the remaining States identified under paragraph (3). (5) Limitation of use As a condition of receipt of funds under this subsection, a State receiving such funds shall agree to use the funds only for the following purposes: (A) Purchase To purchase additional eligible Federal lands parcels, that are consistent with land use management under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 ). (B) Compliance To comply with a Federal requirement under— (i) Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); or (iii) National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (h) Payment of costs of conveyance (1) Payment of costs required The Director concerned or the Regional Forester concerned shall require the purchaser to cover the costs to be incurred, or to reimburse the Director concerned or the Regional Forester concerned for costs incurred, to carry out the conveyance, including survey and appraisal costs, costs for environmental documentation, and any other administrative costs related to the conveyance. (2) Refund of excess If amounts are collected from the purchaser in advance of the Director concerned or the Regional Forester concerned incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Director concerned or the Regional Forester concerned to carry out the conveyance, the Director concerned or the Regional Forester concerned shall refund the excess amount to the purchaser. (3) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (i) Time for conveyance It is the intent of the Congress that the conveyance of an eligible Federal lands parcel under this section, from selection of the parcel for conveyance through completion of the sale, should take no more than 18 months. (j) Categorical exclusion Because the scope of a conveyance is limited and excluded from any exceptional resource, a conveyance of an eligible Federal lands parcel under this section is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (k) Additional authority The conveyance authority provided by this section is in addition to the sale authority provided by section 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 ) or any other provision of law.

https://www.govinfo.gov/content/pkg/BILLS-113hr1633ih/xml/BILLS-113hr1633ih.xml

113-hr-1634

I 113th CONGRESS 1st Session H. R. 1634 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Boustany (for himself, Mr. Larson of Connecticut , Mr. Rodney Davis of Illinois , and Mr. Schock ) 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 participation in medical flexible spending arrangements. 1. Short title This Act may be cited as the Medical FSA Improvement Act of 2013 . 2. Addition of taxable distributions (a) Treatment of Amounts Expended for Medical Care Section 105 of the Internal Revenue Code of 1986 (relating to amounts received under accident and health plans) is amended by inserting at the end the following new subsection: (k) Amounts Paid Under Medical Flexible Spending Arrangements (1) Application of subsection (b) and section 106 For purposes of subsection (b) and section 106, a plan shall not fail to be treated as flexible spending arrangement solely because such plan, in addition to reimbursing expenses incurred for medical care (as defined in subsection (b)) during the plan year, distributes for the plan year all or a portion of the employee’s balance. (2) Limitation Paragraph (1) shall apply only in the case that the balance under such arrangement for a plan year is distributed after the close of the plan year to which the balance relates and not later than the end of the 7th month following the close of such plan year. (3) Tax treatment of distribution Any distribution to which paragraph (1) applies shall be treated as remuneration of the employee for employment for the taxable year in which it is distributed. (4) Flexible spending arrangement The term flexible spending arrangement means a benefit program within the meaning of section 106(c)(2) (relating to long-term care benefits). . (b) Additional Deferred Compensation Exception Paragraph (2) of section 125(d) of such Code (relating to deferred compensation under a cafeteria plan) is amended by inserting at the end the following new subparagraph: (E) Exception for certain flexible spending arrangements Subparagraph (A) shall not apply to a flexible spending arrangement (within the meaning of section 106(c)(2)) as a result of amounts being distributed to the covered employee in accordance with section 105(k). . (c) Conforming Amendment Section 409A(d)(1) of such Code is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by adding at the end the following: (C) a flexible spending arrangement which is subject to section 105(k). . (d) Effective Date The amendments made by this section shall apply to plan years beginning after December 31, 2014. (e) Transition Rules In the case of plan years that begin before the date of the enactment of this Act, in implementing the amendments made by this section a flexible spending arrangement may allow an individual to make a new election or to revise an existing election under such arrangement so long as such new or revised election is made within 90 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1634ih/xml/BILLS-113hr1634ih.xml

113-hr-1635

I 113th CONGRESS 1st Session H. R. 1635 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Cohen (for himself, Mr. Polis , Mr. Blumenauer , Mr. Farr , and Mr. Moran ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Energy and Commerce , Ways and Means , Financial Services , and Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the National Commission on Federal Marijuana Policy. 1. Short title This Act may be cited as the National Commission on Federal Marijuana Policy Act of 2013 . 2. Findings Congress finds the following: (1) In 1971, Congress created the National Commission on Marihuana and Drug Abuse, led by Governor Raymond P. Shafer, known as the Shafer Commission. (2) The Shafer Commission undertook a comprehensive review of the nature and scope of marijuana use, its effects, the relationship of marijuana use to other behavior, and the efficacy of existing law. (3) The final report of the Shafer Commission recommended that marijuana be decriminalized. (4) Since the Shafer Commission, the Federal Government has expanded its War on Drugs and continued to prohibit the use of marijuana. (5) The District of Columbia and 18 States have legalized and regulated the use of marijuana for medicinal purposes. (6) Since 1973, 15 States have decriminalized marijuana for personal use, in some cases based on the Shafer Commission recommendations. (7) Since 1973, 2 States have legalized and regulated marijuana for personal use. (8) Since the Shafer Commission, the Federal Government has not undertaken a similar review of its policy toward marijuana. (9) The Federal Government must reconcile its prohibition of marijuana with the laws of the States where marijuana is legal for some purposes and the likelihood that more States will follow in this path. 3. Establishment There is established a commission to be known as the National Commission on Federal Marijuana Policy (in this Act referred to as the Commission ). 4. Duties The Commission shall undertake a comprehensive review of the state and efficacy of current policies of the Federal Government toward marijuana in light of the growing number of States in which marijuana is legal for medicinal or personal use, including— (1) how Federal policy should interact with State laws that make marijuana legal for medicinal or personal use; (2) the cost of marijuana prohibition and potential State and Federal regulation of marijuana, as well as the potential revenue generated by taxation of marijuana; (3) the impact of Federal banking and tax laws on businesses operating in compliance with State laws related to marijuana; (4) the health impacts, both benefits and risks, related to marijuana use, and in comparison to alcohol and tobacco use; (5) the domestic and international public safety effects of marijuana prohibition and the impact that regulation and control of marijuana has on public safety; (6) the impact of marijuana prohibition on criminal justice, including any racial disparities, and the collateral consequences of prosecution for marijuana possession, including lack of access to housing, education, and employment; (7) recommending the appropriate placement of marijuana in the schedule of the Controlled Substances Act (21 U.S.C. 801 et seq.); and (8) the effects of marijuana prohibition or future regulation and control of marijuana on international relationships and treaty obligations. 5. Membership (a) Number and appointment The Commission shall be composed of 13 members appointed as follows: (1) Five individuals appointed by the President, one of whom the President shall designate as a co-chair of the Commission. (2) Two individuals appointed by the Speaker of the House of Representatives, one of whom the Speaker shall designate as a co-chair of the Commission only if the Speaker is not of the same political party of the President. (3) Two individuals appointed by the minority leader of the House of Representatives, one of whom the minority leader shall designate as a co-chair of the Commission only if the minority leader is not of the same political party of the President. (4) Two individuals appointed by the majority leader of the Senate. (5) Two individuals appointed by the minority leader of the Senate. (b) Qualifications The members of the Commission shall be individuals with distinguished reputations for integrity and nonpartisanship who are nationally recognized for expertise, knowledge, or experience in one or more of the following areas: (1) Criminal justice. (2) Public health. (3) Social policy. (4) Economics. (5) International law. (c) Disqualification An individual may not be appointed as a member of the Commission if— (1) the individual possesses a personal financial interest in the discharge of the duties of the Commission; or (2) the individual holds public office, serves as an employee of a political party, is a public official or candidate for office, or has filed and is running as a candidate for election for public office. (d) Terms Members shall be appointed for the life of the Commission. (e) Appointment Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. (f) Vacancies Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. If vacancies in the Commission occur on any day after 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission. (g) Basic pay (1) In general Members shall each be entitled to receive the daily equivalent of level V of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. 6. Powers (a) Meetings (1) In general The Commission shall meet at the call of either of the co-chairs or a majority of its members. (2) First meeting The Commission shall hold its first meeting on the date that is 60 days after the date of enactment of this Act, or not later than 30 days after the date on which funds are made available for the Commission, whichever is later. (3) Quorum Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (4) Open to the public Meetings of the Commission shall be open to the public. Interested persons shall be permitted to appear at meetings and present oral or written statements on the subject matter of the meeting. The Commission may administer oaths or affirmations to any person appearing before it. (5) Notice Meetings of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (b) Public hearings The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission shall hold hearings in— (1) at least 2 States in which marijuana is legal for medicinal purposes; (2) at least 2 States in which marijuana is legal for personal use; and (3) at least 2 States in which marijuana is not legal for any purpose. (c) Commission panels The Commission may establish panels composed of less than the full membership of the Commission, but any findings or determinations of such panels are not considered findings and determinations of the Commission unless approved by the Commission. (d) Delegation Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this Act. (e) Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. 7. Administration (a) Director The Commission may appoint a Director to be paid the rate of basic pay for level V of the Executive Schedule. (b) Staff appointment and compensation With the approval of the Commission, the Director may appoint and fix the pay of additional personnel as the Director considers appropriate. Such personnel may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of level V of the Executive Schedule. (c) Experts and consultants With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Detail of government employees Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (e) Obtaining official data The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon the request of a co-chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (f) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (g) Contracts The Commission is authorized to enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of the termination of the Commission. (h) Gifts Subject to existing law, the Commission may accept, use, and dispose of gifts or donations of services or property. (i) Administrative assistance The Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administrative services may include human resource management, budget, leasing, accounting, and payroll services. 8. Report Not later than 1 year after the date on which funds first become available to carry out this Act, the Commission shall submit to the President and Congress, and make available to the public, a report containing the findings, conclusions, and recommendations of the Commission. 9. Termination The Commission shall terminate 60 days after the date of the submission of the report required under section 8. 10. Authorization of appropriations (a) In general There are authorized to be appropriated $10,000,000 to carry out the purposes of this Act. (b) Limitation on use Funds appropriated under this Act may not be used for international travel.

https://www.govinfo.gov/content/pkg/BILLS-113hr1635ih/xml/BILLS-113hr1635ih.xml

113-hr-1636

I 113th CONGRESS 1st Session H. R. 1636 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mrs. Davis of California (for herself, Mr. Hastings of Florida , Mr. Moran , Mr. Larson of Connecticut , and Mr. Brady of Pennsylvania ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to prohibit certain State election administration officials from actively participating in electoral campaigns. 1. Short Title This Act may be cited as the Federal Election Integrity Act of 2013 . 2. Findings Congress finds that— (1) chief State election administration officials have served on political campaigns for Federal candidates whose elections those officials will supervise; (2) such partisan activity by the chief State election administration official, an individual charged with certifying the validity of an election, represents a fundamental conflict of interest that may prevent the official from ensuring a fair and accurate election; (3) this conflict impedes the legal duty of chief State election administration officials to supervise Federal elections, undermines the integrity of Federal elections, and diminishes the people’s confidence in our electoral system by casting doubt on the results of Federal elections; (4) the Supreme Court has long recognized that Congress’s power to regulate Congressional elections under Article I, Section 4, Clause 1 of the Constitution is both plenary and powerful; and (5) the Supreme Court and numerous appellate courts have recognized that the broad power given to Congress over Congressional elections extends to Presidential elections. 3. Prohibition on campaign activities by chief State election administration officials (a) In General Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319 the following new section: 319A. Campaign activities by chief State election administration officials (a) Prohibition It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. (b) Chief State election administration official The term chief State election administration official means the highest State official with responsibility for the administration of Federal elections under State law. (c) Active part in political management or in a political campaign The term active part in political management or in a political campaign means— (1) serving as a member of an authorized committee of a candidate for Federal office; (2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; (3) the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and (4) any other act which would be prohibited under paragraph (2) or (3) of section 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph applies (other than any prohibition on running for public office). (d) Exception for Campaigns of Official or Immediate Family Members (1) In general This section does not apply to a chief State election administration official with respect to an election for Federal office in which the official or an immediate family member of the official is a candidate. (2) Immediate family member defined In paragraph (1), the term immediate family member means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law. . (b) Effective Date The amendments made by subsection (a) shall apply with respect to elections for Federal office held after December 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1636ih/xml/BILLS-113hr1636ih.xml

113-hr-1637

I 113th CONGRESS 1st Session H. R. 1637 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Duncan of South Carolina (for himself, Mr. Barton , Mrs. Blackburn , Mr. Chabot , Mr. Flores , Mr. Franks of Arizona , Mr. King of Iowa , Mr. Pompeo , Mr. Yoder , Ms. Jenkins , and Mr. Amash ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the provisions of title 40, United States Code, commonly known as the Davis-Bacon Act, to raise the threshold dollar amount of contracts subject to the prevailing wage requirements of such provisions. 1. Short title This Act may be cited as the Adjusting Davis-Bacon for Inflation Act . 2. Threshold of contracts subject to Davis-Bacon Section 3142(a) of chapter 31 of title 40, United States Code is amended by striking $2,000 and inserting $50,000 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1637ih/xml/BILLS-113hr1637ih.xml

113-hr-1638

I 113th CONGRESS 1st Session H. R. 1638 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Duncan of South Carolina (for himself, Mr. Chaffetz , Mr. Harris , Mr. Jones , Mr. Pearce , Mr. Ribble , and Mr. Southerland ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Agriculture and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the authority to conduct certain censuses, and for other purposes. 1. Short title This Act may be cited as the Census Reform Act of 2013 . 2. Repeal and cancellation of certain census activities under title 13, United States Code (a) Repeal of census relating to agriculture Chapter 3 of title 13, United States Code, is repealed. (b) Repeal of economic census Subchapter I of chapter 5 of such title is repealed. (c) Repeal of mid-Decade census Section 141 of such title is amended— (1) by striking subsection (d); (2) by striking subsection (e) and inserting the following: (e) If in the administration of any program established by or under Federal law which provides benefits to State or local governments or to other recipients, eligibility for or the amount of such benefits would (without regard to this subsection) be determined by taking into account data obtained in the most recent decennial census then in the determination of such eligibility or amount of benefits the most recent data available from either the mid-decade or decennial census shall be used. ; and (3) in subsection (f), by striking and mid-decade and or (d) . (d) Repeal of census of governments Subchapter III of chapter 5 of title 13, United States Code, is repealed. (e) Effect on census activities Beginning on the date of the enactment of this Act, the Secretary of Commerce and the Bureau of the Census— (1) are not authorized to carry out any activities with respect to— (A) a census conducted under chapter 3, subchapter I or subchapter III of chapter 5, or section 141(d) of such title, as in effect on the day before the date of the enactment of this Act; or (B) a survey (including the survey, conducted by the Secretary of Commerce, which is commonly referred to as the American Community Survey ), sampling, or other questionnaire conducted under such title; (2) shall terminate any activities being carried out with respect to any such census, survey, sampling, or questionnaire; and (3) may only conduct the decennial census of population, as authorized under section 141 of title 13, United States Code. (f) Rescission of unobligated amounts Any unobligated amounts available to carry out the American Community Survey or the following provisions of title 13, United States Code, are rescinded: (1) Section 141(d). (2) Chapter 3. (3) Subchapter I and subchapter III of chapter 5. 3. Prohibition on surveys or questionnaires; limitations on statistics collected in a decennial census (a) In general Subchapter I of chapter 1 of title 13, United States Code, is amended by inserting after section 5 the following: 5a. Prohibition on surveys or questionnaires; limitation on statistics (a) Notwithstanding any other provision of law— (1) the Secretary may not conduct any survey, sampling, or other questionnaire, and may only conduct a decennial census of population as authorized under section 141; and (2) any form used by the Secretary in such a decennial census may only collect information necessary for the tabulation of total population by States. . (b) Repeal of survey, questionnaire, or sampling authority Sections 182, 193, and 195 of title 13, United States Code, are repealed. (c) Conforming amendments Section 141 of such title is amended— (1) in subsection (a), by striking The Secretary and inserting Consistent with the limitations set forth in section 5a, the Secretary ; and (2) in subsection (g), by striking , housing, and matters relating to population and housing . 4. Repeal of Census of Agriculture Act of 1997 (a) In general The Census of Agriculture Act of 1997 ( 7 U.S.C. 2201 note; Public Law 105–113 ) is repealed. (b) Effect on 2013 census Beginning on the date of the enactment of this Act, the Secretary of Agriculture— (1) is not authorized to carry out any activities with respect to the census required to be conducted in 2013 under the Census of Agriculture Act of 1997 ( 7 U.S.C. 2201 note; Public Law 105–113 ), as in effect on the day before the date of the enactment of this Act; and (2) shall terminate any activities being carried out with respect to such census. (c) Rescission of unobligated funds Any unobligated amounts available to carry out the Census of Agriculture Act ( 7 U.S.C. 2201 note; Public Law 105–113 ) are rescinded.

https://www.govinfo.gov/content/pkg/BILLS-113hr1638ih/xml/BILLS-113hr1638ih.xml

113-hr-1639

I 113th CONGRESS 1st Session H. R. 1639 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Gibson (for himself and Mr. Schrader ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Rural Electrification Act of 1936, and for other purposes. 1. Amendments to the Rural Electrification Act of 1936 Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ) is amended— (1) in subsection (a), by striking loans and loan guarantees and inserting loans, loan guarantees, and grants ; (2) in subsection (c)— (A) in paragraph (1), by inserting , and may make grants, after loans ; and (B) in paragraph (2), by inserting , and in making grants, before under paragraph (1) ; (3) in subsection (d), by adding at the end the following: (8) Additional process The Secretary shall establish a process under which an incumbent service provider which, as of the date of the publication of notice under paragraph (5) with respect to an application submitted by the provider, is providing broadband service to a remote rural area, may (but shall not be required to) submit to the Secretary, not less than 15 and not more than 30 days after that date, information regarding the broadband services that the provider offers in the proposed service territory, so that the Secretary may assess whether the application meets the requirements of this section with respect to eligible projects. ; (4) in subsection (e), by adding at the end the following: (3) Requirement In considering the technology needs of customers in a proposed service territory, the Secretary shall take into consideration the upgrade or replacement cost for the construction or acquisition of facilities and equipment in the territory. ; (5) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and inserting after subsection (j) the following: (k) Matching grants (1) In general The Secretary may make a grant to an entity for a project with respect to which a loan or loan guarantee is made under this section. (2) Amount (A) In general The amount of the grant shall not exceed 10 percent of the cost of the project. (B) Match requirement The Secretary may not make a grant to an entity for a project unless the entity has made a binding commitment to the Secretary that the entity will provide for the project, from non-Federal sources, an amount equal to the amount of the grant. ; (6) in subsection (l) (as so redesignated)— (A) by striking paragraph (1) and inserting the following: (1) Limitations on authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section such sums as may be necessary for each of fiscal years 2013 through 2017, to remain available until expended. Of the sums made available to carry out this section for a fiscal year— (A) 70 percent shall be available for the cost of loans and loan guarantees under this section; and (B) 30 percent shall be available for grants under this section. ; and (B) in paragraph (2)— (i) in the paragraph heading, insert loan and loan guarantee before funds ; and (ii) in subparagraph (A), by inserting for loans and loan guarantees before under this subsection ; and (7) in subsection (m) (as so redesignated), by striking 2013 and inserting 2017 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1639ih/xml/BILLS-113hr1639ih.xml

113-hr-1640

I 113th CONGRESS 1st Session H. R. 1640 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Israel (for himself, Mr. Hanna , Ms. Schwartz , Mr. Enyart , and Mr. Palazzo ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend titles 10 and 32, United States Code, to enhance capabilities to prepare for and respond to cyber emergencies, and for other purposes. 1. Short title This Act may be cited as the Cyber Warrior Act of 2013 . 2. Findings Congress makes the following findings: (1) The report of the Department of Defense Science Board Task Force on Resilient Military Systems and the Advanced Cyber Threat finds that [i]t is not clear that high-end cyber practitioners can be found in sufficient numbers within typical recruitments pools . (2) The report recommends that [t]he Department must scale up its efforts to recruit, provided facilities and training, and use effectively these critical people . (3) The National Guard has the authority to operate on active duty under title 10, United States Code, and in National Guard status under title 32, United States Code. (4) The National Guard can leverage the expertise of private sector information technology (IT) specialists and help retain the capability of retiring military personnel trained in cybersecurity matters. (5) The National Guard in its status under title 32, United States Code, supports the Department of Homeland Security and the Governors of the States in responding to natural disasters. 3. Enhancement of preparation for and response to cyber emergencies (a) Establishment of Cyber and Computer Network Incident Response Teams (1) In general The Secretary of Defense shall establish in each of the several States and the District of Columbia a separate team of members of the National Guard under section 12310(d) of title 10, United States Code (as amended by subsection (b)), and section 510 of title 32, United States Code (as added by subsection (c)), to perform duties relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. (2) Designation Each team established under paragraph (1) shall be known as a Cyber and Computer Network Incident Response Team . (b) Use of active National Guard personnel Section 12310 of title 10, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): (d) Operations relating to protection of public and private cyber infrastructure (1) Notwithstanding subsection (b), a member of the National Guard on active duty as described in subsection (a), or a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32 in connection with functions referred to in subsection (a), may perform duties relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. (2) The duties of members under this subsection may include duties to assist the combatant commands in developing and expanding their capacity relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. (3) The duties performed by members under this subsection may be performed for or in support of cyber and computer network incident response teams established pursuant to section 3(a) of the Cyber Warrior Act of 2013. (4) Notwithstanding section 502(f) of title 32, the costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for a member of the National Guard performing duties under this subsection shall be paid from the appropriation that is available to pay such costs for members of the regular component of the armed force of that member. (5) Members of the National Guard on active duty who are performing duty described in this subsection shall be counted against the annual end strength authorizations required by section 115(a)(1) of this title. The justification materials for the defense budget request for a fiscal year shall identify the number and component of members of the National Guard programmed to be performing duties described in this subsection during that fiscal year. (6) Members may not perform duties under this subsection unless the Secretary of Defense has certified to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the members possess the requisite skills, training, and equipment to be proficient in all mission requirements. . (c) Use of National Guard personnel performing training or drill (1) In general Chapter 5 of title 32, United States Code, is amended by adding at the end the following new section: 510. Preparation for and response to cyber emergencies Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, members of the National Guard performing training or drill required by this chapter may perform duties relating to analysis and protection in support of programs to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network, including in connection with cyber and computer network incident response teams established pursuant to section 3(a) of the Cyber Warrior Act of 2013. . (2) Clerical amendment The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new item: 510. Preparation for and response to cyber emergencies. . (d) Homeland defense activities (1) In general Chapter 9 of title 32, United States Code, is amended by inserting after section 902 the following new section: 902a. Homeland defense activities: activities relating to preparation for and response to cyber emergencies (a) In general The homeland defense activities for which funds may be provided under this chapter shall include the following: (1) The provision by units or members of the National Guard of education and training for State and local law enforcement and governmental personnel on analysis and protection to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network. (2) Upon the order of the Governor of the State, the performance by units or members of the National Guard of activities being undertaken by the State government and local governments in the State on analysis and protection to prepare for and respond to emergencies described in paragraph (1). (b) Members authorized To perform activities The members of the National Guard who may perform activities authorized by this section are members on full-time National Guard duty under section 502(f) of this title. (c) Performance in connection with cyber and computer network incident response teams The activities performed by members under this section may be performed for or in support of cyber and computer network incident response teams established pursuant to section 3(a) of the Cyber Warrior Act of 2013. (d) Inapplicability of certain requirements and limitations The performance of activities under this section by members of the National Guard shall not be subject to the requirements and limitations in subsections (b), (c), and (d) of section 904 of this title. (e) Definitions In this section: (1) The term Governor , in the case of the District of Columbia, means the commanding general of the District of Columbia National Guard. (2) The term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Territories of the United States. . (2) Clerical amendment The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 902 the following new item: 902a. Homeland defense activities: activities relating to preparation for and response to cyber emergencies. . (e) Training on cyber duties (1) In general The Secretary of the Army and the Secretary of the Air Force shall ensure that the training provided to members of the Army National Guard and the Air National Guard, respectively, on analysis and protection to prepare for and respond to emergencies involving an attack or natural disaster impacting a computer, electronic, or cyber network shall, to the extent practicable, be equivalent to the training provided members of the regular component of the Army and the Air Force on such matters. (2) Reports Not later than one year after the date of the enactment of this Act, and annually thereafter for four years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the training provided to members of the Army National Guard and the Air National Guard pursuant to paragraph (1) on the matters described in that paragraph. Each report shall include a description of the training currently provided to members of the Army National Guard and the Air National Guard on such matters, and such recommendations as the Secretary considers appropriate for improvements to such training in order to better align such training for members of the Army National Guard and the Air National Guard, on the one hand, and members of the regular component of the Army and the Air Force, on the other. (f) Additional report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth the following: (1) A description and assessment of various mechanisms to recruit and retain members of the regular components and reserve components of the Armed Forces with expertise in computer network defense and operations, including modifications of the curricula for the Reserve Officers' Training Corps programs, enhanced opportunities for individuals to select their preferred Armed Force of accession, payment of recruitment and retention bonuses, the provision of educational scholarships and stipends, and enhanced funding of training and certification programs. (2) An assessment of the circumstances (including short-term deployment, virtual deployment, or both) under which members of the reserve components with computer network defense duties can be managed without the geographic relocation of such members. (3) A description of the training requirements and physical demands, if any, for military occupational specialties relating to computer network defense.

https://www.govinfo.gov/content/pkg/BILLS-113hr1640ih/xml/BILLS-113hr1640ih.xml

113-hr-1641

I 113th CONGRESS 1st Session H. R. 1641 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Israel (for himself, Mr. Larson of Connecticut , Mr. Dingell , Ms. Slaughter , and Mr. Clyburn ) introduced the following bill; which was referred to the Committee on House Administration A BILL To change the date for regularly scheduled Federal elections and establish polling place hours. 1. Short title This Act may be cited as the Weekend Voting Act . 2. Change in congressional election day to Saturday and Sunday Section 25 of the Revised Statutes of the United States ( 2 U.S.C. 7 ) is amended to read as follows: 25. The first Saturday and Sunday after the first Friday in November, in every even numbered year, are established as the days for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January thereafter. . 3. Change in Presidential election day to Saturday and Sunday Section 1 of title 3, United States Code, is amended by striking Tuesday next after the first Monday and inserting first Saturday and Sunday after the first Friday . 4. Polling place hours (a) In general (1) Presidential general election Chapter 1 of title 3, United States Code, is amended— (A) by redesignating section 1 as section 1A; and (B) by inserting before section 1A the following: 1. Polling place hours (a) Definitions In this section: (1) Continental United States The term continental United States means a State (other than Alaska and Hawaii) and the District of Columbia. (2) Presidential general election The term Presidential general election means the election for electors of President and Vice President. (b) Polling place hours (1) Polling places in the continental United States Each polling place in the continental United States shall be open, with respect to a Presidential general election, beginning on Saturday at 10:00 a.m. eastern standard time and ending on Sunday at 6:00 p.m. eastern standard time. (2) Polling places outside the continental United States Each polling place not located in the continental United States shall be open, with respect to a Presidential general election, beginning on Saturday at 10:00 a.m. local time and ending on Sunday at 6:00 p.m. local time. (3) Early closing A polling place may close between the hours of 10:00 p.m. local time on Saturday and 6:00 a.m. local time on Sunday as provided by the law of the State in which the polling place is located. . (2) Congressional general election Section 25 of the Revised Statutes of the United States ( 2 U.S.C. 7 ) is amended— (A) by redesignating section 25 as section 25A; and (B) by inserting before section 25A the following: 25. Polling place hours (a) Definitions In this section: (1) Continental United States The term continental United States means a State (other than Alaska and Hawaii) and the District of Columbia. (2) Congressional general election The term congressional general election means the regularly scheduled general election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (b) Polling place hours (1) Polling places inside the continental United States Each polling place in the continental United States shall be open, with respect to a congressional general election, beginning on Saturday at 10:00 a.m. eastern standard time and ending on Sunday at 6:00 p.m. eastern standard time. (2) Polling places outside the continental United States Each polling place not located in the continental United States shall be open, with respect to a congressional general election, beginning on Saturday at 10:00 a.m. local time and ending on Sunday at 6:00 p.m. local time. (3) Early closing A polling place may close between the hours of 10:00 p.m. local time on Saturday and 6:00 a.m. local time on Sunday as provided by the law of the State in which the polling place is located. . (b) Conforming amendments (1) The table of sections for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 1 and inserting the following: 1. Polling place hours. 1A. Time of appointing electors. . (2) Sections 871(b) and 1751(f) of title 18, United States Code, are each amended by striking title 3, United States Code, sections 1 and 2 and inserting sections 1A and 2 of title 3 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1641ih/xml/BILLS-113hr1641ih.xml

113-hr-1642

I 113th CONGRESS 1st Session H. R. 1642 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Kilmer (for himself, Ms. Hanabusa , and Mr. Heck of Washington ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To protect the eligibility for Federal employment and access to classified information for Department of Defense civilian employees who may incur financial hardships as a result of furloughs dictated by sequestration. 1. Short title This Act may be cited as the Security Clearance Protection Act of 2013 . 2. Findings Congress finds the following: (1) On March 1, 2013, pursuant to the Budget Control Act of 2011, across-the-board spending cuts went into effect, triggering a massive cut in Federal discretionary spending across each Federal department and agency until $1.2 trillion in savings is achieved. (2) The impact of the cuts from sequestration will be significant and will affect many civilian employees who work for the Federal Government, some of whom handle classified materials to protect national security. (3) To absorb such budget cuts, Federal department and agencies will furlough many civilian employees for up to 22 days a year. (4) Some civilian employees will incur financial hardships and may not be able to meet their financial obligations due to loss of pay. (5) Sequestration and employee furloughs are a result of circumstances outside of the control of Federal employees and no fault of their own. 3. No effect on access to classified information due to sequestration The Secretary of Defense shall ensure that, if any financial hardship is incurred by a civilian employee of the Department of Defense due to a furlough as a result of sequestration under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, that financial hardship will not affect the employee’s— (1) eligibility for continued suitability for employment by the Department; (2) access to classified information; or (3) suitability to hold a position critical to national security.

https://www.govinfo.gov/content/pkg/BILLS-113hr1642ih/xml/BILLS-113hr1642ih.xml

113-hr-1643

I 113th CONGRESS 1st Session H. R. 1643 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Kilmer (for himself and Ms. Hanabusa ) 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 penalty-free withdrawals from the Federal Thrift Savings Fund to employees who are furloughed as a result of the Federal budget sequester. 1. Short title This Act may be cited as the Employee Hardship Financial Relief Act of 2013 . 2. Penalty-free withdrawals from Thrift Savings fund to Federal employees furloughed as a result of sequester (a) In general Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to subsection not to apply to certain distributions) is amended by adding at the end the following new subparagraph: (H) Distributions from thrift savings fund to furloughed Federal employees Distributions to an individual from the Thrift Savings Fund during the period— (i) beginning on the date that the individual is furloughed (as defined in section 7811(a)(5) of title 5, United States Code) because of lack of funds, and (ii) ending on the date which is 30 days after such furlough ceases for such individual, but only to the extent that the aggregate such distributions with respect to any furlough does not exceed the aggregate reduction in such individual’s compensation on account of such furlough. . (b) Effective date The amendment made by this section shall apply to distributions after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1643ih/xml/BILLS-113hr1643ih.xml

113-hr-1644

I 113th CONGRESS 1st Session H. R. 1644 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Kind (for himself and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To impose a limitation on the maximum amount of crop insurance premiums paid by the Federal Crop Insurance Corporation, to repeal the authority to provide direct payments for producers of certain major agricultural commodities and peanuts, to prohibit the Secretary of Agriculture from making payments to the Brazilian Cotton Institute, and for other purposes. 1. Percentage limitation on maximum amount of crop insurance premiums paid by Federal Crop Insurance Corporation Section 508(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e) ) is amended by adding at the end the following new paragraph: (7) Additional limitation on portion of premiums paid by Corporation Notwithstanding any provision of this title to the contrary, the Corporation shall not pay, under any circumstances, more than 70 percent of the premium for any coverage or policy or plan of insurance under this title. . 2. Repeal of direct payments for producers of certain major agricultural commodities and peanuts (a) Repeal Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8713 , 8753) are repealed. (b) Continued application for 2013 crop year Consistent with section 701 of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ; 126 Stat. 2362; 7 U.S.C. 8701 note), sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8713 , 8753), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2013 crop year with respect to all covered commodities (as defined in section 1001 of that Act (7 U.S.C. 8702)) and peanuts on a farm. 3. Prohibition on payments to Brazilian Cotton Institute The Secretary of Agriculture may not directly, or through the Commodity Credit Corporation, make payments to the Brazilian Cotton Institute.

https://www.govinfo.gov/content/pkg/BILLS-113hr1644ih/xml/BILLS-113hr1644ih.xml

113-hr-1645

I 113th CONGRESS 1st Session H. R. 1645 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Ben Ray Luján of New Mexico introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Education and the Workforce and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes. 1. Short title This Act may be cited as the Radiation Exposure Compensation Act Amendments of 2013 . 2. References Except as otherwise specifically 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 of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note). 3. Extension of fund Section 3(d) is amended— (1) by striking the first sentence and inserting The Fund shall terminate 19 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2013 . ; and (2) by striking 22-year and inserting 19-year . 4. Claims relating to atmospheric testing (a) Leukemia claims relating to Trinity Test in New Mexico and tests in the Pacific Section 4(a)(1)(A) is amended— (1) in clause (i)— (A) in subclause (II)— (i) by striking in the affected area and inserting in an affected area ; and (ii) by striking or after the semicolon; (B) by redesignating subclause (III) as subclause (V); and (C) by inserting after subclause (II) the following: (III) was physically present in an affected area for the period beginning on June 30, 1945, and ending on July 31, 1945; or (IV) was physically present in an affected area— (aa) for a period of at least 1 year during the period beginning on June 30, 1946, and ending on August 19, 1958; or (bb) for the period beginning on April 25, 1962, and ending on November 5, 1962; or ; and (2) in clause (ii)(I), by striking physical presence described in subclause (I) or (II) of clause (i) or onsite participation described in clause (i)(III) and inserting physical presence described in subclause (I), (II), (III), or (IV) of clause (i) or onsite participation described in clause (i)(V) . (b) Amounts for claims related to leukemia Section 4(a)(1) is amended— (1) in subparagraph (A) by striking an amount and inserting the amount ; and (2) by striking subparagraph (B) and inserting the following: (B) Amount If the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A)(i) shall receive $150,000. . (c) Specified diseases claims relating to Trinity Test in New Mexico and tests in the Pacific Section 4(a)(2) is amended— (1) in subparagraph (A), by striking in the affected area and inserting in an affected area ; (2) in subparagraph (B)— (A) by striking in the affected area and inserting in an affected area ; and (B) by striking or at the end; (3) by redesignating subparagraph (C) as subparagraph (E); and (4) by inserting after subparagraph (B) the following: (C) was physically present in an affected area for the period beginning on June 30, 1945, and ending on July 31, 1945; (D) was physically present in an affected area— (i) for a period of at least 2 years during the period beginning on June 30, 1946, and ending on August 19, 1958; or (ii) for the period beginning on April 25, 1962, and ending on November 5, 1962; or . (d) Amounts for claims related to specified diseases Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (c) of this section) by striking $50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)), and inserting $150,000 . (e) Medical Benefits Section 4(a) is amended by adding at the end the following: (5) Medical Benefits An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act (as enacted into law by Public Law 106–398; 114 Stat. 165A–507). . (f) Downwind States Section 4(b)(1) is amended to read as follows: (1) affected area means— (A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, and Utah; (B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or (2)(C), only New Mexico; and (C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or (2)(D), only Guam. . 5. Claims relating to uranium mining (a) Employees of mines and mills Section 5(a)(1)(A)(i) is amended— (1) by inserting (I) after (i) ; (2) by striking December 31, 1971; and and inserting December 31, 1990; or ; and (3) by adding at the end the following: (II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and . (b) Miners Section 5(a)(1)(A)(ii)(I) is amended by inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after nonmalignant respiratory disease . (c) Millers, core drillers, and ore transporters Section 5(a)(1)(A)(ii)(II) is amended— (1) by inserting , core driller, after was a miller ; (2) by inserting (I) after clause (i) ; and (3) by striking all that follows nonmalignant respiratory disease and inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or . (d) Combined work histories Section 5(a)(1)(A)(ii) is further amended— (1) by striking or at the end of subclause (I); and (2) by adding at the end the following: (III) (aa) does not meet the conditions of subclause (I) or (II); (bb) worked, during the period described in clause (i)(I), in two or more of the following positions: miner, miller, core driller, and ore transporter; (cc) meets the requirements of paragraph (4) or (5), or both; and (dd) submits written medical documentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after exposure to radiation through work in one or more of the positions referred to in item (aa); . (e) Dates of operation of uranium mine Section 5(a)(2)(A) is amended by striking December 31, 1971 and inserting December 31, 1990 . (f) Special rules relating to combined work histories Section 5(a) is amended by adding at the end the following: (4) Special rule relating to combined work histories for individuals with at least one year of experience An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). (5) Special rule relating to combined work histories for miners An individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months that the Attorney General determines, when combined with the exposure of such individual to radiation through work as a miller, core driller, or ore transporter during the period described in paragraph (1)(A)(i)(I), results in such individual being exposed to a total level of radiation that is greater or equal to the level of exposure of an individual described in paragraph (4) . . (g) Definition of Core driller Section 5(b) is amended— (1) by striking and at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ; and ; and (3) by adding at the end the following: (9) the term core driller means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium. . 6. Expansion of use of affidavits in determination of claims; regulations (a) Affidavits Section 6(b) is amended by adding at the end the following: (3) Affidavits (A) Employment History For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit— (i) is provided in addition to other material that may be used to substantiate the employment history of the individual; (ii) attests to the employment history of the individual; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (B) Physical Presence in Affected Area For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s presence in an affected area during that time period; (ii) attests to the individual’s presence in an affected area during that period; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (C) Participation at Testing Site For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (ii) attests to the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. . (b) Technical and conforming amendments Section 6 is amended— (1) in subsection (b)(2)(C), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(E) ; (2) in subsection (c)(2)— (A) in subparagraph (A)— (i) in the first sentence, by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 ; and (ii) in clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 ; and (B) in subparagraph (B), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(E) ; and (3) in subsection (e), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of section 4 . (c) Regulations Section 6(k) is amended by adding at the end the following: Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2013 , the Attorney General shall issue revised regulations to carry out this Act. . 7. Limitation on claims (a) Extension of filing time Section 8(a) is amended— (1) by striking 22 years and inserting 19 years ; and (2) by striking 2000 and inserting 2013 . (b) Resubmittal of claims Section 8(b) is amended to read as follows: (b) Resubmittal of claims (1) Denied claims After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2013 , any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. Any resubmittal made before the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2013 shall not be applied to the limitation under the preceding sentence. (2) Previously successful claims (A) In general After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2013 , any claimant who received compensation under this Act may submit a request to the Attorney General for additional compensation and benefits. Such request shall contain— (i) the claimant’s name, social security number, and date of birth; (ii) the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2013 ; (iii) any additional benefits and compensation sought through such request; and (iv) any additional information required by the Attorney General. (B) Additional Compensation If the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2013 and submits a request under subparagraph (A) , the Attorney General shall— (i) pay the claimant the amount that is equal to any excess of— (I) the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2013 ); minus (II) the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2013 ; and (ii) in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5). . 8. Attorney Fees Section 9(b)(1) is amended by striking 2 percent and inserting 10 percent . 9. Grant program on epidemiological impacts of uranium mining and milling (a) Definitions In this section— (1) the term institution of higher education has the meaning given under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); (2) the term program means the grant program established under subsection (b); and (3) the term Secretary means the Secretary of Health and Human Services. (b) Establishment The Secretary shall establish a grant program relating to the epidemiological impacts of uranium mining and milling. Grants awarded under the program shall be used for the study of the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals, including family members of uranium miners and millers. (c) Administration The Secretary shall administer the program through the National Institute of Environmental Health Sciences. (d) Eligibility and application Any institution of higher education or nonprofit private entity shall be eligible to apply for a grant. To apply for a grant an eligible institution or entity shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2015 through 2019. 10. Energy Employees Occupational Illness Compensation Program (a) Covered employees with cancer Section 3621(9) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(9) ) is amended by striking subparagraph (A) and inserting the following: (A) An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if— (i) that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee); or (ii) that individual— (I) contracted that specified cancer after beginning employment in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act; and (II) was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990. . (b) Members of Special Exposure Cohort Section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384q ) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees— (A) at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received; and (B) employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990 who likely were exposed to radiation at that mine or mill but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received. ; and (2) by striking subsection (b) and inserting the following: (b) Designation of additional members (1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that— (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. (2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990 may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that— (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. .

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113-hr-1646

I 113th CONGRESS 1st Session H. R. 1646 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Grimm , and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Credit Union Act to provide an exception from the member business loan cap for loans made to aid in the recovery from a disaster. 1. Exception for disaster area loans (a) In general Section 107A(b) of the Federal Credit Union Act ( 12 U.S.C. 1757a(b) ) is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2), by striking the period and inserting ; or ; and (3) by adding at the end the following: (3) a member business loan, the proceeds of which will be used to aid in the recovery from a disaster, if— (A) such disaster was the basis for the declaration of a major disaster area under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); and (B) the extension of credit is being made before the end of the 5-year period beginning on the date of such declaration. . (b) Rulemaking Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the National Credit Union Administration Board shall issue regulations to define when an extension of credit aids in the recovery from a disaster for purposes of section 107A(b)(3) of the Federal Credit Union Act ( 12 U.S.C. 1757a(b)(3) ).

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113-hr-1647

I 113th CONGRESS 1st Session H. R. 1647 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mrs. Miller of Michigan introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food Security Act of 1985 to require the Secretary of Agriculture to establish a Great Lakes basin initiative for agricultural nonpoint source pollution prevention. 1. Short title This Act may be cited as the Great Lakes Assurance Program Verification Act of 2013 . 2. Great Lakes basin initiative for agricultural nonpoint source pollution prevention (a) In general The Food Security Act of 1985 is amended by inserting after section 1240I the following new section: 1240J. Great Lakes basin initiative for agricultural nonpoint source pollution prevention (a) Establishment The Secretary, in consultation with the Great Lakes States, shall establish a Great Lakes basin initiative for agricultural nonpoint source pollution prevention in accordance with this section. (b) Initiative elements (1) Grants to States In implementing the initiative, the Secretary shall provide grants to Great Lakes States to fund the following: (A) Education and outreach, for producers in the Great Lakes basin, regarding— (i) nonpoint pollution of ground and surface water from agricultural activities; (ii) State verification programs; and (iii) the initiative. (B) Technical assistance, including training, to producers in the Great Lakes basin for the implementation of activities that reduce or prevent nonpoint pollution of ground and surface water from agricultural activities. (C) Development and implementation of voluntary State verification programs, with a funding priority for voluntary State verification programs that incorporate Department of Agriculture conservation planning and practice standards. (2) Funding priority for certain producers In implementing the initiative, the Secretary shall establish a funding priority within the Great Lakes basin for payments to producers under this chapter for producers that participate in the initiative with the purpose of achieving verification through a State verification program. (c) Use of existing data In establishing the initiative, the Secretary shall, where available, use existing plans, models, and assessments. (d) Definitions In this section: (1) Great Lakes State The term Great Lakes State means any one of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin. (2) Initiative The term initiative means the Great Lakes basin initiative for agricultural nonpoint source pollution prevention established under subsection (a). (3) Nonpoint source pollution The term nonpoint source pollution is used within the meaning of that term under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (4) State verification program The term State verification program means a program established by a Great Lakes State to verify producer implementation of practices approved by the State to reduce nonpoint pollution of ground and surface water from agricultural activities, which may include verification by a third party approved by the State or the Secretary. (e) Funding Of the funds made available to carry out this chapter, the Secretary shall carry out this section using— (1) $5,000,000 for fiscal year 2014; (2) $8,000,000 for fiscal year 2015; (3) $10,000,000 for fiscal year 2016; and (4) $7,000,000 for fiscal year 2017. . (b) Conforming amendment Section 1240C of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–3 ) is amended by adding at the end the following new subsection: (d) Special rule for Great Lakes basin In evaluating applications of producers in the Great Lakes basin under this chapter, the Secretary shall prioritize applications in accordance with section 1240J(b)(2). .

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113-hr-1648

I 113th CONGRESS 1st Session H. R. 1648 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. George Miller of California (for himself, Mr. Courtney , Ms. Titus , Mr. Holt , Mr. Nadler , Mr. Gene Green of Texas , Ms. DeLauro , and Mr. Payne ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Occupational Safety and Health Act of 1970 to expand coverage under the Act, to increase protections for whistleblowers, to increase penalties for high gravity violations, to adjust penalties for inflation, to provide rights for victims or their family members, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Protecting America’s Workers Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Coverage of public employees and application of act Sec. 101. Coverage of public employees. Sec. 102. Application of Act. Title II—Increasing Whistleblower Protections Sec. 201. Enhanced protections from retaliation. Title III—Improving Reporting, Inspection, and Enforcement Sec. 301. General duty of employers. Sec. 302. Posting of employee rights. Sec. 303. Employer reporting of work-related injuries, illnesses, deaths and hospitalizations; prohibition on discouraging employee reporting. Sec. 304. No loss of employee pay for inspections. Sec. 305. Investigations of fatalities and significant incidents. Sec. 306. Prohibition on unclassified citations. Sec. 307. Victims’ rights. Sec. 308. Right to contest citations and penalties. Sec. 309. Correction of serious, willful, or repeated violations pending contest and procedures for a stay. Sec. 310. Conforming amendments. Sec. 311. Civil penalties. Sec. 312. Criminal penalties. Sec. 313. Prejudgment interest. Title IV—State Plans Sec. 401. Concurrent enforcement authority and review of State occupational safety and health plans. Sec. 402. Evaluation of Repeated Violations in State Plans. Title V—National Institute for Occupational Safety and Health Sec. 501. Health Hazard Evaluations by the National Institute for Occupational Safety and Health. Title VI—Effective date Sec. 601. Effective date. I Coverage of public employees and application of act 101. Coverage of public employees (a) In General Section 3(5) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(5) ) is amended by striking but does not include and all that follows through the period at the end and inserting including the United States, a State, or a political subdivision of a State. . (b) Construction Nothing in this Act shall be construed to affect the application of section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ). 102. Application of Act Section 4(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 653(b)(1) ) is amended— (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; and (2) by striking paragraph (1) and inserting the following: (1) If a Federal agency has promulgated and is enforcing a standard or regulation affecting occupational safety or health of some or all of the employees within that agency’s regulatory jurisdiction, and the Secretary determines that such a standard or regulation as promulgated and the manner in which the standard or regulation is being enforced provides protection to those employees that is at least as effective as the protection provided to those employees by this Act and the Secretary’s enforcement of this Act, the Secretary may publish a certification notice in the Federal Register. The notice shall set forth that determination and the reasons for the determination and certify that the Secretary has ceded jurisdiction to that Federal agency with respect to the specified standard or regulation affecting occupational safety or health. In determining whether to cede jurisdiction to a Federal agency, the Secretary shall seek to avoid duplication of, and conflicts between, health and safety requirements. Such certification shall remain in effect unless and until rescinded by the Secretary. (2) The Secretary shall, by regulation, establish procedures by which any person who may be adversely affected by a decision of the Secretary certifying that the Secretary has ceded jurisdiction to another Federal agency pursuant to paragraph (1) may petition the Secretary to rescind a certification notice under paragraph (1). Upon receipt of such a petition, the Secretary shall investigate the matter involved and shall, within 90 days after receipt of the petition, publish a decision with respect to the petition in the Federal Register. (3) Any person who may be adversely affected by— (A) a decision of the Secretary certifying that the Secretary has ceded jurisdiction to another Federal agency pursuant to paragraph (1); or (B) a decision of the Secretary denying a petition to rescind such a certification notice under paragraph (1), may, not later than 60 days after such decision is published in the Federal Register, file a petition challenging such decision with the United States court of appeals for the circuit in which such person resides or such person has a principal place of business, for judicial review of such decision. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary’s decision shall be set aside if found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. (4) Nothing in this Act shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.). . II Increasing Whistleblower Protections 201. Enhanced protections from retaliation (a) Employee actions Section 11(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(c)(1) ) is amended— (1) by striking discharge and all that follows through because such and inserting the following: discharge or cause to be discharged, or in any manner discriminate against or cause to be discriminated against, any employee because— (A) such ; (2) by striking this Act or has and inserting the following: this Act; (B) such employee has ; (3) by striking in any such proceeding or because of the exercise and inserting the following: before Congress or in any Federal or State proceeding related to safety or health; (C) such employee has refused to violate any provision of this Act; or (D) of the exercise ; and (4) by inserting before the period at the end the following: , including the reporting of any injury, illness, or unsafe condition to the employer, agent of the employer, safety and health committee involved, or employee safety and health representative involved . (b) Prohibition of retaliation Section 11(c) of such Act ( 29 U.S.C. 660(c) ) is amended by striking paragraph (2) and inserting the following: (2) Prohibition of retaliation (A) No person shall discharge, or cause to be discharged, or in any manner discriminate against, or cause to be discriminated against, an employee for refusing to perform the employee’s duties if the employee has a reasonable apprehension that performing such duties would result in serious injury to, or serious impairment of the health of, the employee or other employees. (B) For purposes of subparagraph (A), the circumstances causing the 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 employee, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the employee, when practicable, shall have communicated or attempted to communicate the safety or health concern to the employer and have not received from the employer a response reasonably calculated to allay such concern. . (c) Procedure Section 11(c) of such Act ( 29 U.S.C. 660(c) ) is amended by striking paragraph (3) and inserting the following: (3) Complaint Any employee who believes that the employee has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) or (2) may seek relief for such violation by filing a complaint with the Secretary under paragraph (5). (4) Statute of limitations (A) In general An employee may take the action permitted by paragraph (3)(A) not later than 180 days after the later of— (i) the date on which an alleged violation of paragraph (1) or (2) occurs; or (ii) the date on which the employee knows or should reasonably have known that such alleged violation occurred. (B) Repeat violation Except in cases when the employee has been discharged, a violation of paragraph (1) or (2) shall be considered to have occurred on the last date an alleged repeat violation occurred. (5) Investigation (A) In general An employee may, within the time period required under paragraph (4)(B) , file a complaint with the Secretary alleging a violation of paragraph (1) or (2). If the complaint alleges a prima facie case, the Secretary shall conduct an investigation of the allegations in the complaint, which— (i) shall include— (I) interviewing the complainant; (II) providing the respondent an opportunity to— (aa) submit to the Secretary a written response to the complaint; and (bb) meet with the Secretary to present statements from witnesses or provide evidence; and (III) providing the complainant an opportunity to— (aa) receive any statements or evidence provided to the Secretary; (bb) meet with the Secretary; and (cc) rebut any statements or evidence; and (ii) may include issuing subpoenas for the purposes of such investigation. (B) Decision Not later than 90 days after the filing of the complaint, the Secretary shall— (i) determine whether reasonable cause exists to believe that a violation of paragraph (1) or (2) has occurred; and (ii) issue a decision granting or denying relief. (6) Preliminary order following investigation If, after completion of an investigation under paragraph (5)(A) , the Secretary finds reasonable cause to believe that a violation of paragraph (1) or (2) has occurred, the Secretary shall issue a preliminary order providing relief authorized under paragraph (14) at the same time the Secretary issues a decision under paragraph (5)(B) . If a de novo hearing is not requested within the time period required under paragraph (7)(A)(i) , such preliminary order shall be deemed a final order of the Secretary and is not subject to judicial review. (7) Hearing (A) Request for hearing (i) In general A de novo hearing on the record before an administrative law judge may be requested— (I) by the complainant or respondent within 30 days after receiving notification of a decision granting or denying relief issued under paragraph (5) (B) or paragraph (6) respectively; (II) by the complainant within 30 days after the date the complaint is dismissed without investigation by the Secretary under paragraph (5) (A); or (III) by the complainant within 120 days after the date of filing the complaint, if the Secretary has not issued a decision under paragraph (5) (B). (ii) Reinstatement order The request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph (6) . (B) Procedures (i) In general A hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the Secretary for hearings conducted by administrative law judges. (ii) Subpoenas; production of evidence In conducting any such hearing, the administrative law judge may issue subpoenas. The respondent or complainant may request the issuance of subpoenas that require the deposition of, or the attendance and testimony of, witnesses and the production of any evidence (including any books, papers, documents, or recordings) relating to the matter under consideration. (iii) Decision The administrative law judge shall issue a decision not later than 90 days after the date on which a hearing was requested under this paragraph and promptly notify, in writing, the parties and the Secretary of such decision, including the findings of fact and conclusions of law. If the administrative law judge finds that a violation of paragraph (1) or (2) has occurred, the judge shall issue an order for relief under paragraph (14) . If review under paragraph (8) is not timely requested, such order shall be deemed a final order of the Secretary that is not subject to judicial review. (8) Administrative appeal (A) In general Not later than 30 days after the date of notification of a decision and order issued by an administrative law judge under paragraph (7) , the complainant or respondent may file, with objections, an administrative appeal with an administrative review body designated by the Secretary (referred to in this paragraph as the review board ). (B) Standard of Review In reviewing the decision and order of the administrative law judge, the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. (C) Decisions If the review board grants an administrative appeal, the review board shall issue a final decision and order affirming or reversing, in whole or in part, the decision under review by not later than 90 days after receipt of the administrative appeal. If it is determined that a violation of paragraph (1) or (2) has occurred, the review board shall issue a final decision and order providing relief authorized under paragraph (14). Such decision and order shall constitute final agency action with respect to the matter appealed. (9) Settlement in the Administrative Process (A) In general At any time before issuance of a final order, an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties. (B) Public policy considerations Neither the Secretary, an administrative law judge, nor the review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this Act or that are contrary to public policy, including a restriction on a complainant’s right to future employment with employers other than the specific employers named in a complaint. (10) Inaction by the review board or administrative law judge (A) In general The complainant may bring a de novo action described in subparagraph (B) if— (i) an administrative law judge has not issued a decision and order within the 90-day time period required under paragraph (7) (B)(iii); or (ii) the review board has not issued a decision and order within the 90-day time period required under paragraph (8) (C). (B) De novo action Such de novo action may be brought at law or equity in the United States district court for the district where a violation of paragraph (1) or (2) allegedly occurred or where the complainant resided on the date of such alleged violation. The court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph (14). Such action shall, at the request of either party to such action, be tried by the court with a jury. (11) Judicial review (A) Timely Appeal to the court of appeals Any party adversely affected or aggrieved by a final decision and order issued under this subsection may obtain review of such decision and order in the United States Court of Appeals for the circuit where the violation, with respect to which such final decision and order was issued, allegedly occurred or where the complainant resided on the date of such alleged violation. To obtain such review, a party shall file a petition for review not later than 60 days after the final decision and order was issued. Such review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the final decision and order. (B) Limitation on collateral attack An order and decision with respect to which review may be obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. (12) Enforcement of order If a respondent fails to comply with an order issued under this subsection, the Secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the United States district court for the district in which the violation was found to occur to enforce such order. If both the Secretary and the complainant file such action, the action of the Secretary shall take precedence. The district court shall have jurisdiction to grant all appropriate relief described in paragraph (14). (13) Burdens of proof (A) Criteria for determination In making a determination or adjudicating a complaint pursuant to this subsection, the Secretary, administrative law judge, review board, or a court may determine that a violation of paragraph (1) or (2) has occurred only if the complainant demonstrates that any conduct described in paragraph (1) or (2) with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. (B) Prohibition Notwithstanding subparagraph (A), a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action 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. (14) Relief (A) Order for relief If the Secretary, administrative law judge, review board, or a court determines that a violation of paragraph (1) or (2) has occurred, the Secretary, administrative law judge, review board, or court, respectively, shall have jurisdiction to order all appropriate relief, including injunctive relief, compensatory and exemplary damages, including— (i) affirmative action to abate the violation; (ii) reinstatement without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment, including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified; (iii) compensatory and consequential damages sufficient to make the complainant whole, (including back pay, prejudgment interest, and other damages); and (iv) 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. (B) Attorneys’ fees and costs If the Secretary or an administrative law judge, review board, or court grants an order for relief under subparagraph (A), the Secretary, administrative law judge, review board, or court, respectively, shall assess, at the request of the employee against the employer— (i) reasonable attorneys’ fees; and (ii) costs (including expert witness fees) reasonably incurred, as determined by the Secretary, administrative law judge, review board, or court, respectively, in connection with bringing the complaint upon which the order was issued. (15) 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. (16) Savings Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. (17) Election of venue (A) In general An employee of an employer who is located in a State that has a State plan approved under section 18 may file a complaint alleging a violation of paragraph (1) or (2) by such employer with— (i) the Secretary under paragraph (5) ; or (ii) a State plan administrator in such State. (B) Referrals If— (i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or (ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution. . (d) Relation to enforcement Section 17(j) of such Act ( 29 U.S.C. 666(j) ) is amended by inserting before the period the following: , including the history of violations under section 11(c) . III Improving Reporting, Inspection, and Enforcement 301. General duty of employers Section 5 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 654(a)(1) ) is amended— (1) in subsection (a), by amending paragraph (1) to read as follows: (1) shall furnish employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm and that the employer creates or controls or to which the employer exposes any employee of the employer or any other person performing work at the place of employment; and ; and (2) by adding at the end the following new subsection: (c) Each employee or other person exposed to a hazard in violation of subsection (a) may constitute a separate violation. . 302. Posting of employee rights Section 8(c)(1) of such Act ( 29 U.S.C. 657(c)(1) ) is amended by adding at the end the following new sentence: Such regulations shall include provisions requiring employers to post for employees information on the protections afforded under section 11(c). . 303. Employer reporting of work-related injuries, illnesses, deaths and hospitalizations; prohibition on discouraging employee reporting Section 8(c)(2) of such Act (29 U.S.C. 657(c)(2)) is amended by adding at the end the following new sentences: Such regulations shall require site-controlling employers to keep a site log for all recordable injuries and illnesses occurring among all employees on the particular site, including employees of the site-controlling employer or others who are performing work at the particular site (including independent contractors). Such regulations shall require employers to promptly notify the Secretary of any work-related death or work-related injury or illness that results in the in-patient hospitalization of an employee for medical treatment, and shall prohibit the employer from adopting or implementing policies or practices by the employer that have the effect of discouraging accurate recordkeeping and the reporting of work-related injuries or illnesses by any employee or in any manner discriminates or provides for adverse action against any employee for reporting a work-related injury or illness. For purposes of this paragraph, the term site-controlling employer means the employer that has primary control over a work site at which employees of more than one employer work, such as by hiring or coordinating the work of other employers working at the site. . 304. No loss of employee pay for inspections Section 8(e) ( 29 U.S.C. 657(e) ) is amended by inserting after the first sentence the following: Time spent by an employee participating in or aiding any such inspection shall be deemed to be hours worked and no employee shall suffer any loss of wages, benefits, or other terms and conditions of employment for having participated in or aided any such inspection. . 305. Investigations of fatalities and significant incidents Section 8 ( 29 U.S.C. 657 ) is amended by adding at the end the following new subsection: (i) Investigation of fatalities and serious incidents (1) In general The Secretary shall investigate any significant incident or an incident resulting in death that occurs in a place of employment. (2) Evidence preservation If a significant incident or an incident resulting in death occurs in a place of employment, the employer shall promptly notify the Secretary of the incident involved and shall take appropriate measures to prevent the destruction or alteration of any evidence that would assist in investigating the incident. The appropriate measures required by this paragraph do not prevent an employer from taking action on a worksite to prevent injury to employees or substantial damage to property or to avoid disruption of essential services necessary to public safety, provided that if an employer takes such action, the employer shall notify the Secretary of the action in a timely fashion. (3) Definitions In this subsection: (A) Incident resulting in death The term incident resulting in death means an incident that results in the death of an employee. (B) Significant incident The term significant incident means an incident that results in the in-patient hospitalization of 2 or more employees for medical treatment. . 306. Prohibition on unclassified citations Section 9 ( 29 U.S.C. 658 ) is amended by adding at the end the following: (d) No citation for a violation of this Act may be issued, modified, or settled under this section without a designation enumerated in section 17 with respect to such violation. . 307. Victims’ rights The Occupational Safety and Health Act of 1970 is amended by inserting after section 9 ( 29 U.S.C. 658 ) the following: 9A. Victims' rights (a) Rights before the Secretary A victim or the representative of a victim, shall be afforded the right, with respect to an inspection or investigation conducted under section 8 to— (1) meet with the Secretary regarding the inspection or investigation conducted under such section before the Secretary’s decision to issue a citation or take no action; (2) receive, at no cost, a copy of any citation or report, issued as a result of such inspection or investigation, at the same time as the employer receives such citation or report; (3) be informed of any notice of contest or addition of parties to the proceedings filed under section 10(c); and (4) be provided notification of the date and time or any proceedings, service of pleadings, and other relevant documents, and an explanation of the rights of the employer, employee and employee representative, and victim to participate in proceedings conducted under section 10(c). (b) Rights before the Commission Upon request, a victim or representative of a victim shall be afforded the right with respect to a work-related bodily injury or death to— (1) be notified of the time and date of any proceeding before the Commission; (2) receive pleadings and any decisions relating to the proceedings; and (3) be provided an opportunity to appear and make a statement in accordance with the rules prescribed by the Commission. (c) Modification of Citation Before entering into an agreement to withdraw or modify a citation issued as a result of an inspection or investigation of an incident under section 8, the Secretary shall notify a victim or representative of a victim and provide the victim or representative of a victim with an opportunity to appear and make a statement before the parties conducting settlement negotiations. In lieu of an appearance, the victim or representative of the victim may elect to submit a letter to the Secretary and the parties. (d) Secretary Procedures The Secretary shall establish procedures— (1) to inform victims of their rights under this section; and (2) for the informal review of any claim of a denial of such a right. (e) Commission procedures and considerations The Commission shall— (1) establish procedures relating to the rights of victims to be heard in proceedings before the Commission; and (2) in rendering any decision, provide due consideration to any statement or information provided by any victim before the Commission. (f) Family liaisons The Secretary shall designate at least 1 employee at each area office of the Occupational Safety and Health Administration to serve as a family liaison to— (1) keep victims informed of the status of investigations, enforcement actions, and settlement negotiations; and (2) assist victims in asserting their rights under this section. (g) Definition In this section, the term victim means— (1) an employee, including a former employee, who has sustained a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8; or (2) a family member (as further defined by the Secretary) of a victim described in paragraph (1), if— (A) the victim dies as a result of a incident that is the subject of an inspection or investigation conducted under section 8; or (B) the victim sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8, and the victim because of incapacity cannot reasonably exercise the rights under this section. . 308. Right to contest citations and penalties Section 10(c) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 659(c) ) is amended— (1) in the first sentence— (A) by inserting after that he intends to contest a citation issued under section (9) the following: (or a modification of a citation issued under this section) ; (B) by inserting after the issuance of a citation under section 9 the following: (including a modification of a citation issued under such section) ; and (C) by inserting after files a notice with the Secretary alleging the following: that the citation fails properly to designate the violation as serious, willful, or repeated, that the proposed penalty is not adequate, or ; (2) by inserting after the first sentence, the following: The pendency of a contest before the Commission shall not bar the Secretary from inspecting a place of employment or from issuing a citation under section 9. ; and (3) by amending the last sentence— (A) by inserting employers and after Commission shall provide ; and (B) by inserting before the period at the end , and notification of any modification of a citation . 309. Correction of serious, willful, or repeated violations pending contest and procedures for a stay Section 10 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 659 ) is amended by adding at the end the following: (d) Correction of serious, willful, or repeated violations pending contest and procedures for a stay (1) Period permitted for correction of serious, willful, or repeated violations For each violation which the Secretary designates as serious, willful, or repeated, the period permitted for the correction of the violation shall begin to run upon receipt of the citation. (2) Filing of a motion of contest The filing of a notice of contest by an employer— (A) shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated; and (B) may operate as a stay of the period for correction of a violation not designated by the Secretary as serious, willful, or repeated. (3) Criteria and rules of procedure for stays (A) Motion for a stay An employer that receives a citation alleging a violation designated as serious, willful, or repeated and that files a notice of contest to the citation asserting that the time set for abatement of the alleged violation is unreasonable or challenging the existence of the alleged violation may file with the Commission a motion to stay the period for the abatement of the violation. (B) Criteria In determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission may grant a stay only if the employer has demonstrated— (i) a substantial likelihood of success on the areas contested under subparagraph (A); and (ii) that a stay will not adversely affect the health and safety of workers. (C) Rules of Procedure The Commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph (A) on an expedited basis. At a minimum, such rules shall provide: (i) That a hearing before an administrative law judge shall occur not later than 15 days following the filing of the motion for a stay (unless extended at the request of the employer), and shall provide for a decision on the motion not later than 15 days following the hearing (unless extended at the request of the employer). (ii) That a decision of an administrative law judge on a motion for stay is rendered on a timely basis. (iii) That if a party is aggrieved by a decision issued by an administrative law judge regarding the stay, such party has the right to file an objection with the Commission not later than 5 days after receipt of the administrative law judge’s decision. Within 10 days after receipt of the objection, a Commissioner, if a quorum is seated pursuant to section 12(f), shall decide whether to grant review of the objection. If, within 10 days after receipt of the objection, no decision is made on whether to review the decision of the administrative law judge, the Commission declines to review such decision, or no quorum is seated, the decision of the administrative law judge shall become a final order of the Commission. If the Commission grants review of the objection, the Commission shall issue a decision regarding the stay not later than 30 days after receipt of the objection. If the Commission fails to issue such decision within 30 days, the decision of the administrative law judge shall become a final order of the Commission. (iv) For notification to employees or representatives of affected employees of requests for such hearings and shall provide affected employees or representatives of affected employees an opportunity to participate as parties to such hearings. . 310. Conforming amendments (a) Violations designated as serious, willful, or repeated The first sentence of section 10(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 659(b) ) is amended by inserting , with the exception of violations designated as serious, willful, or repeated, after (which period shall not begin to run . (b) Judicial review The first sentence of section 11(a) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(a) ) is amended— (1) by inserting (or the failure of the Commission, including an administrative law judge, to make a timely decision on a request for a stay under section 10(d)) after an order ; (2) by striking subsection (c) and inserting subsections (c) and (d) ; and (3) by inserting (or in the case of a petition from a final Commission order regarding a stay under section 10(d), 15 days) after sixty days . (c) Failure To correct violations Section 17(d) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(d) ) is amended to read as follows: (d) Any employer who fails to correct a violation designated by the Secretary as serious, willful, or repeated and for which a citation has been issued under section 9(a) within the period permitted for its correction (and a stay has not been issued by the Commission under section 10(d)) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. Any employer who fails to correct any other violation for which a citation has been issued under section 9(a) of this title within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review proceeding under section 10 initiated by the employer in good faith and not solely for delay of avoidance of penalties) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. . 311. Civil penalties (a) In General Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) is amended— (1) in subsection (a)— (A) by striking $70,000 and inserting $120,000 ; (B) by striking $5,000 and inserting $8,000 ; and (C) by adding at the end the following: In determining whether a violation is repeated, the Secretary or the Commission shall consider the employer’s history of violations under this Act and under State occupational safety and health plans established under section 18. If such a willful or repeated violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $250,000 for each such violation, but not less than $50,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $25,000 for each such violation. ; (2) in subsection (b)— (A) by striking $7,000 and inserting $12,000 ; and (B) by adding at the end the following: If such a violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $50,000 for each such violation, but not less than $20,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $10,000 for each such violation. ; (3) in subsection (c), by striking $7,000 and inserting $12,000 ; (4) in subsection (d), as amended, by striking $7,000 each place it occurs and inserting $12,000 ; (5) by redesignating subsections (e) through (i) as subsections (f) through (j), and subsections (j) through (l) as subsections (l) through (n) respectively; and (6) in subsection (j) (as so redesignated) by striking $7,000 and inserting $12,000 . (b) Inflation Adjustment Section 17 is further amended by inserting after subsection (d) the following: (e) Amounts provided under this section for civil penalties shall be adjusted by the Secretary at least once during each 4-year period beginning January 1, 2015, to account for the percentage increase or decrease in the Consumer Price Index for all urban consumers during such period. . 312. Criminal penalties (a) In General Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) (as amended by section 310) is further amended— (1) by amending subsection (f) (as redesignated by section 310) to read as follows: (f) (1) Any employer who knowingly violates any standard, rule, or order promulgated under section 6 of this Act, or of any regulation prescribed under this Act, and that violation caused or significantly contributed to the death of any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, or by imprisonment for not more than 10 years, or both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (i), punishment shall be by a fine in accordance title 18, United States Code, or by imprisonment for not more than 20 years, or by both. (2) For the purpose of this subsection, the term employer means, in addition to the definition contained in section 3 of this Act, any officer or director. ; (2) by amending subsection (g) (as redesignated by section 310) to read as follows: (g) Unless otherwise authorized by this Act, any person that knowingly gives, causes to give, or attempts to give or cause to give, advance notice of any inspection conducted under this Act with the intention of impeding, interfering with, or adversely affecting the results of such inspection, shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. ; (3) in subsection (h) (as redesignated by section 310), by striking fine of not more than $10,000, or by imprisonment for not more than six months, and inserting fine in accordance with title 18, United States Code, or by imprisonment for not more than 5 years, ; and (4) by inserting after subsection (j) (as redesignated by section 310) the following: (k) (1) Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or any regulation prescribed under this Act, and that violation caused or significantly contributed to serious bodily harm to any employee but does not cause death to any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, or by imprisonment for not more than 5 years, or by both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (e), punishment shall be by a fine in accordance with title 18, United States Code, or by imprisonment for not more than 10 years, or by both. (2) For the purpose of this subsection, the term employer means, in addition to the definition contained in section 3 of this Act, any officer or director. (3) For purposes of this subsection, the term serious bodily harm means bodily injury or illness that involves— (A) a substantial risk of death; (B) protracted unconsciousness; (C) protracted and obvious physical disfigurement; or (D) protracted loss or impairment, either temporary or permanent, of the function of a bodily member, organ, or mental faculty. . (b) Jurisdiction for Prosecution Under State and Local Criminal Laws Such section is further amended by adding at the end the following: (o) Nothing in this Act shall preclude a State or local law enforcement agency from conducting criminal prosecutions in accordance with the laws of such State or locality. . 313. Prejudgment interest Section 17(n) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(n) ) (as redesignated by section 310) is amended by adding at the end the following: Pre-final order interest on such penalties shall begin to accrue on the date the party contests a citation issued 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 year. . IV State Plans 401. Concurrent enforcement authority and review of State occupational safety and health plans Section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 668 ) is amended— (1) by amending subsection (f) to read as follows: (f) (1) The Secretary shall, on the basis of reports submitted by the State agency and the Secretary’s own inspections, make a continuing evaluation of the manner in which each State that has a plan approved under this section is carrying out such plan. Such evaluation shall include an assessment of whether the State continues to meet the requirements of subsection (c) of this section and any other criteria or indices of effectiveness specified by the Secretary in regulations. Whenever the Secretary finds, on the basis of such evaluation, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan (or any assurance contained therein), the Secretary shall make an initial determination of whether the failure is of such a nature that the plan should be withdrawn or whether the failure is of such a nature that the State should be given the opportunity to remedy the deficiencies, and provide notice of the Secretary’s findings and initial determination. (2) If the Secretary makes an initial determination to reassert and exercise concurrent enforcement authority while the State is given an opportunity to remedy the deficiencies, the Secretary shall afford the State an opportunity for a public hearing within 15 days of such request, provided that such request is made not later than 10 days after Secretary’s notice to the State. The Secretary shall review and consider the testimony, evidence, or written comments, and not later than 30 days following such hearing, make a determination to affirm, reverse, or modify the Secretary’s initial determination to reassert and exercise concurrent enforcement authority under sections 8, 9, 10, 13, and 17 with respect to standards promulgated under section 6 and obligations under section 5(a). Following such a determination by the Secretary, or in the event that the State does not request a hearing within the timeframe set forth in this paragraph, the Secretary may reassert and exercise such concurrent enforcement authority, while a final determination is pending under paragraph (3) or until the Secretary has determined that the State has remedied the deficiencies as provided under paragraph (4). Such determination shall be published in the Federal Register. The procedures set forth in section 18(g) shall not apply to a determination by the Secretary to reassert and exercise such concurrent enforcement authority. (3) If the Secretary makes an initial determination that the plan should be withdrawn, the Secretary shall provide due notice and the opportunity for a hearing. If based on the evaluation, comments, and evidence, the Secretary makes a final determination that there is a failure to comply substantially with any provision of the State plan (or any assurance contained therein), he shall notify the State agency of the withdrawal of approval of such plan and upon receipt of such notice such plan shall cease to be in effect, but the State may retain jurisdiction in any case commenced before the withdrawal of the plan in order to enforce standards under the plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan. (4) If the Secretary makes a determination that the State should be provided the opportunity to remedy the deficiencies, the Secretary shall provide the State an opportunity to respond to the Secretary’s findings and the opportunity to remedy such deficiencies within a time period established by the Secretary, not to exceed 1 year. The Secretary may extend and revise the time period to remedy such deficiencies, if the State’s legislature is not in session during this 1-year time period, or if the State demonstrates that it is not feasible to correct the deficiencies in the time period set by the Secretary, and the State has a plan to correct the deficiencies within a reasonable time period. If the Secretary finds that the State agency has failed to remedy such deficiencies within the time period specified by the Secretary and that the State plan continues to fail to comply substantially with a provision of the State plan, the Secretary shall withdraw the State plan as provided for in paragraph (3). ; and (2) by adding at the end the following new subsection: (i) Not later than 18 months after the date of enactment of this subsection, and again 5 years thereafter, the Comptroller General shall complete and issue a review of the effectiveness of State plans to develop and enforce safety and health standards to determine if they are at least as effective as the Federal program and to evaluate whether the Secretary’s oversight of State plans is effective. The Comptroller General’s evaluation shall assess— (1) the effectiveness of the Secretary’s oversight of State plans, including the indices of effectiveness used by the Secretary; (2) whether the Secretary’s investigations in response to Complaints About State Plan Administration (CASPA) are adequate, whether significant policy issues have been identified by headquarters and corrective actions are fully implemented by each State; (3) whether the formula for the distribution of funds described in section 23(g) to State programs is fair and adequate; and (4) whether State plans are as effective as the Federal program in preventing occupational injuries, illnesses and deaths, and investigating discrimination complaints, through an evaluation of at least 20 percent of approved State plans, and which shall cover— (A) enforcement effectiveness, including handling of fatalities, serious incidents and complaints, compliance with inspection procedures, hazard recognition, verification of abatement, violation classification, citation and penalty issuance, including appropriate use of willful and repeat citations, and employee involvement; (B) inspections, the number of programmed health and safety inspections at private and public sector establishments, and whether the State targets the highest hazard private sector work sites and facilities in that State; (C) budget and staffing, including whether the State is providing adequate budget resources to hire, train and retain sufficient numbers of qualified staff, including timely filling of vacancies; (D) administrative review, including the quality of decisions, consistency with Federal precedence, transparency of proceedings, decisions and records are available to the public, adequacy of State defense, and whether the State appropriately appeals adverse decisions; (E) anti-discrimination, including whether discrimination complaints are processed in a timely manner, whether supervisors and investigators are properly trained to investigate discrimination complaints, whether a case file review indicates merit cases are properly identified consistent with Federal policy and procedure, whether employees are notified of their rights, and whether there is an effective process for employees to appeal the dismissal of a complaint; (F) program administration, including whether the State’s standards and policies are at least as effective as the Federal program and are updated in a timely manner, and whether National Emphasis Programs that are applicable in such States are adopted and implemented in a manner that is at least as effective as the Federal program; (G) whether the State plan satisfies the requirements for approval set forth in this section and its implementing regulations; and (H) other such factors identified by the Comptroller General, or as requested by the Committee on Education and the Workforce of the House of Representatives or the Committee on Health, Education, Labor, and Pensions of the Senate. . 402. Evaluation of Repeated Violations in State Plans Section 18(c) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 668(c) ) is amended— (1) in paragraph (7), by striking , and and inserting a comma; (2) in paragraph (8), by striking the period at the end and inserting , and ; and (3) by adding after paragraph 8 the following new paragraph: (9) provides that in determining whether a violation is repeated, the State shall consider the employer’s violations within the State, in conjunction with the employer’s history of violations under other States’ occupational safety and health plans approved by the Secretary and the employer’s history of violations in those States where the Secretary has jurisdiction under this Act, in a manner that is at least as effective as provided under section 17. . V National Institute for Occupational Safety and Health 501. Health Hazard Evaluations by the National Institute for Occupational Safety and Health Section 20(a)(6) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 669(a)(6) ) is amended by striking the second sentence and inserting the following: The Secretary shall determine following a written request by any employer, authorized representative of current or former employees, physician, other Federal agency, or State or local health department, specifying with reasonable particularity the grounds on which the request is made, whether any substance normally found in the place of employment has potentially toxic effects in such concentrations as used or found or whether any physical agents, equipment, or working condition found or used has potentially hazardous effects; and shall submit such determination both to employers and affected employees as soon as possible. . VI Effective date 601. Effective date (a) General Rule Except as provided for in subsection (b), this Act and the amendments made by this Act shall take effect not later than 90 days after the date of the enactment of this Act. (b) Exception for States and political subdivisions The following are exceptions to the effective date described in subsection (a): (1) A State that has a State plan approved under section 18 ( 29 U.S.C. 667 ) shall amend its State plan to conform with the requirements of this Act and the amendments made by this Act not later than 12 months after the date of the enactment of this Act. The Secretary of Labor may extend the period for a State to make such amendments to its State plan by not more than 12 months, if the State’s legislature is not in session during the 12-month period beginning with the date of the enactment of this Act. Such amendments to the State plan shall take effect not later than 90 days after the adoption of such amendments by such State. (2) This Act and the amendments made by this Act shall take effect not later than 36 months after the date of the enactment of this Act with respect to a workplace of a State, or a political subdivision of a State, that does not have a State plan approved under section 18 (29 U.S.C. 667).

https://www.govinfo.gov/content/pkg/BILLS-113hr1648ih/xml/BILLS-113hr1648ih.xml

113-hr-1649

I 113th CONGRESS 1st Session H. R. 1649 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. George Miller of California (for himself, Mr. Markey , Mr. Courtney , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide whistleblower protections to certain workers in the offshore oil and gas industry. 1. Short title This Act may be cited as the Offshore Oil and Gas Worker Whistleblower Protection Act of 2013 . 2. Whistleblower protections; employee protection from other retaliation (a) Prohibition Against Retaliation (1) In general No employer may discharge or otherwise discriminate against a covered employee because the covered employee, whether at the covered employee’s initiative or in the ordinary course of the covered employee’s duties— (A) provided, caused to be provided, or is about to provide or cause to be provided to the employer or to a Federal or State Government official, information relating to any violation of, or any act or omission the covered employee reasonably believes to be a violation of, any provision of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1301 et seq. ), or any order, rule, regulation, standard, or prohibition under that Act, or exercised any rights provided to employees under that Act; (B) testified or is about to testify in a proceeding concerning such violation; (C) assisted or participated or is about to assist or participate in such a proceeding; (D) testified or is about to testify before Congress on any matter covered by such Act; (E) objected to, or refused to participate in any activity, policy, practice, or assigned task that the covered employee reasonably believed to be in violation of any provision of such Act, or any order, rule, regulation, standard, or ban under such Act; (F) reported to the employer or a State or Federal Government official any of the following related to the employer’s activities described in section 3(1): an illness, injury, unsafe condition, or information regarding the adequacy of any oil spill response plan required by law; or (G) refused to perform the covered employee’s duties, or exercised stop work authority, related to the employer’s activities described in section 3(1) if the covered employee had a good faith belief that performing such duties could result in injury to or impairment of the health of the covered employee or other employees, or cause an oil spill to the environment. (2) Good faith belief For purposes of paragraph (1)(E), the circumstances causing the covered employee’s good faith belief that performing such duties would pose a health and safety hazard shall be of such a nature that a reasonable person under circumstances confronting the covered employee would conclude there is such a hazard. (b) Process (1) In general A covered employee who believes that he or she has been discharged or otherwise discriminated against (hereafter referred to as the complainant ) by any employer in violation of subsection (a)(1) may, not later than 180 days after the date on which such alleged violation occurs or the date on which the covered employee knows or should reasonably have known that such alleged violation occurred, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor (referred to in this section as the Secretary ) alleging such discharge or discrimination and identifying employer or employers responsible for such act. Upon receipt of such a complaint, the Secretary shall notify, in writing, the employer or employers named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2). (2) Investigation (A) In general Not later than 90 days after the date of receipt of a complaint filed under paragraph (1) the Secretary shall initiate an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the employer or employers alleged to have committed a violation of subsection (a)(1) of the Secretary’s findings. The Secretary shall, during such investigation afford the complainant and the employer or employers named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses. The complainant shall be provided with an opportunity to review the information and evidence provided by employer or employers to the Secretary, and to review any response or rebuttal by such the complaint, as part of such investigation. (B) Reasonable cause found; preliminary order If the Secretary concludes that there is reasonable cause to believe that a violation of subsection (a)(1) has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, the employer or employers alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record before an administrative law judge of the Department of Labor. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Any such hearing shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. The Secretary of Labor is authorized to enforce preliminary reinstatement orders in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia. (C) Dismissal of complaint (i) Standard for complainant The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in subparagraphs (A) through (G) of subsection (a)(1) was a contributing factor in the adverse action alleged in the complaint. (ii) Standard for employer Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same adverse action in the absence of that behavior. (iii) Violation standard The Secretary may determine that a violation of subsection (a)(1) has occurred only if the complainant demonstrates that any behavior described in subparagraphs (A) through (G) of such subsection was a contributing factor in the adverse action alleged in the complaint. (iv) Relief standard Relief may not be ordered under subparagraph (A) if the employer demonstrates by clear and convincing evidence that the employer would have taken the same adverse action in the absence of that behavior. (3) Orders (A) In general Not later than 90 days after the receipt of a request for a hearing under subsection (b)(2)(B), the administrative law judge shall issue findings of fact and order the relief provided under this paragraph or deny the complaint. At any time before issuance of an order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. Such a settlement may not be agreed by such parties if it contains conditions which conflict with rights protected under this Act, are contrary to public policy, or include a restriction on a complainant’s right to future employment with employers other than the specific employers named in the complaint. (B) Content of order If, in response to a complaint filed under paragraph (1), the administrative law judge determines that a violation of subsection (a)(1) has occurred, the administrative law judge shall order the employer or employers who committed such violation to— (i) take affirmative action to abate the violation; (ii) reinstate the complainant to his or her former position together with compensation (including back pay and prejudgment interest) and restore the terms, conditions, and privileges associated with his or her employment; (iii) expunge 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, transmit a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information; and (iv) provide compensatory and consequential damages, and, as appropriate, exemplary damages to the complainant. (C) Attorney fees If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the employer or employers a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued at the conclusion of any stage of the proceeding. (D) Bad faith claim If the Secretary finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer reasonable attorneys’ fees, not exceeding $1,000, to be paid by the complainant. (E) Administrative appeal Not later than 30 days after the receipt of findings of fact or an order under subparagraph (B), the employer or employers alleged to have committed the violation or the complainant may file, with objections, an administrative appeal with the Secretary, who may designate such appeal to a review board. In reviewing a decision and order of the administrative law judge, the Secretary shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. The Secretary shall issue a final decision and order affirming, or reversing, in whole or in part, the decision under review within 90 days after receipt of the administrative appeal under this subparagraph. If it is determined that a violation of subsection (a)(1) has occurred, the Secretary shall order relief provided under subparagraphs (B) and (C). Such decision shall constitute a final agency action with respect to the matter appealed. (4) Action in court (A) In general If the Secretary has not issued a final decision within 330 days after the filing of the complaint, the complainant may bring an action at law or equity for de novo review in the appropriate district court of the United States, which action shall, at the request of either party to such action, be tried by the court with a jury. The proceedings shall be governed by the same legal burdens of proof specified in paragraph (2)(C). (B) Relief The court may award all appropriate relief including injunctive relief, compensatory and consequential damages, including— (i) reinstatement with the same seniority status that the covered employee would have had, but for the discharge or discrimination; (ii) the amount of back pay sufficient to make the covered employee whole, with prejudgment interest; (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; (iv) exemplary damages, as appropriate; and (v) litigation costs, including reasonable attorney fees and expert witness fees. (5) Review (A) In general Any person aggrieved by a final order issued under paragraph (3) or a judgment or order under paragraph (4) may obtain review of the order in the appropriate United States Court of Appeals. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall be in accordance with chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order. (B) No other judicial review An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any other proceeding. (6) Failure to comply with order Whenever any employer has failed to comply with an order issued under paragraph (3), the Secretary may obtain in a civil action in the United States district court for the district in which the violation was found to occur, or in the United States district court for the District of Columbia, all appropriate relief including, but not limited to, injunctive relief and compensatory damages. (7) Civil action to require compliance (A) In general Whenever an employer has failed to comply with an order issued under paragraph (3), the complainant on whose behalf the order was issued may obtain in a civil action in an appropriate United States district court against the employer to whom the order was issued, all appropriate relief. (B) Award The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys’ and expert witness fees) to any party whenever the court determines such award is appropriate. (c) Construction (1) Effect on other laws Nothing in this section preempts or diminishes any other safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination provided by Federal or State law. (2) Rights of employees Nothing in this section shall be construed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment. (d) Enforcement of Nondiscretionary Duties Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. (e) Posting of Notice and Training All employers shall post a notice which has been approved as to form and content by the Secretary of Labor in a conspicuous location in the place of employment where covered employees frequent which explains employee rights and remedies under this section. Each employer shall provide training to covered employees of their rights under this section within 30 days of employment, and at not less than once every 12 months thereafter, and provide covered employees with a card which contains a toll free telephone number at the Department of Labor which covered employees can call to get information or file a complaint under this section. (f) Designation by the Secretary The Secretary of Labor shall, within 30 days of the date of enactment of this Act, designate by order the appropriate agency officials to receive, investigate, and adjudicate complaints of violations of subsection (a)(1). 3. Definitions As used in this Act the following definitions apply: (1) The term covered employee — (A) means an individual performing services on behalf of an employer that is engaged in activities on or in waters above the Outer Continental Shelf related to— (i) supporting, or carrying out exploration, development, production, processing, or transportation of oil or gas; or (ii) oil spill cleanup, emergency response, environmental surveillance, protection, or restoration, or other oil spill activities related to occupational safety and health; and (B) includes an applicant for such employment. (2) The term employer means one or more individuals, partnerships, associations, corporations, trusts, unincorporated organizations, nongovernmental organizations, or trustees, and includes any agent, contractor, subcontractor, grantee or consultant of such employer. (3) The term Outer Continental Shelf has the meaning that the term outer Continental Shelf has in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

https://www.govinfo.gov/content/pkg/BILLS-113hr1649ih/xml/BILLS-113hr1649ih.xml

113-hr-1650

I 113th CONGRESS 1st Session H. R. 1650 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for nuclear weapons abolition and economic conversion in accordance with District of Columbia Initiative Measure Number 37 of 1992, while ensuring environmental restoration and clean-energy conversion. 1. Short title This Act may be cited as the Nuclear Weapons Abolition and Economic and Energy Conversion Act of 2013 . 2. Requirement for nuclear weapons abolition and economic and energy conversion (a) In general The United States Government shall— (1) provide leadership to negotiate and enter into a multilateral treaty or other international agreement by the date that is three years after the date of the enactment of this Act that provides for— (A) the dismantlement and elimination of all nuclear weapons in every country by not later than 2020; and (B) strict and effective international control of such dismantlement and elimination; (2) redirect resources that are being used for nuclear weapons programs to use— (A) in converting all nuclear weapons industry employees, processes, plants, and programs smoothly to constructive, ecologically beneficial peacetime activities, including strict control of all fissile material and radioactive waste, during the period in which nuclear weapons must be dismantled and eliminated pursuant to the treaty or other international agreement described in paragraph (1); and (B) in addressing human and infrastructure needs, including development and deployment of sustainable carbon-free and nuclear-free energy sources, health care, housing, education, agriculture, and environmental restoration, including long-term radioactive waste monitoring; (3) undertake vigorous, good-faith efforts to eliminate war, armed conflict, and all military operations; and (4) actively promote policies to induce all other countries to join in the commitments described in this subsection to create a more peaceful and secure world. (b) Effective date Subsection (a)(2) shall take effect on the date on which the President certifies to Congress that all countries possessing nuclear weapons have— (1) eliminated such weapons; or (2) begun such elimination under established legal requirements comparable to those described in subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr1650ih/xml/BILLS-113hr1650ih.xml

113-hr-1651

I 113th CONGRESS 1st Session H. R. 1651 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Pearce introduced the following bill; which was referred to the Committee on Natural Resources A BILL To transfer certain facilities, easements, and rights-of-way to Fort Sumner Irrigation District, New Mexico. 1. Short title This Act may be cited as the Fort Sumner Project Title Conveyance Act . 2. Definitions In this Act: (1) District The term District means the Fort Sumner Irrigation District, located in De Baca County, New Mexico. (2) Forbearance agreement The term Forbearance Agreement means the contract between the United States and the District for the forbearance of exercising priority water rights numbered 08–WC–40–292 and dated August 21, 2009 (including any amendments to that contract). (3) Project The term Project means the Fort Sumner reclamation project. (4) Repayment contract The term Repayment Contract means the contract between the United States and the District numbered Ilr–1524 and dated November 5, 1948 (including any supplements and amendments to that contract). (5) Secretary The term Secretary means the Secretary of the Interior. (6) Memorandum of agreement The term Memorandum of Agreement means the agreement entitled Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities and numbered 11–WC–40–406 (including any amendments to that agreement). (7) Transfer agreement The term Transfer Agreement means the agreement between the United States and the Fort Sumner Irrigation District that identifies the specific terms and conditions of the title transfer. This document will be completed after the requirements described in section 3(d) are satisfied. 3. Conveyance (a) In general The Secretary is authorized to convey to the District all right and title of the United States in and to all works, land, and facilities of the Project, in accordance with the terms and conditions established in the Transfer Agreement. (b) Valid existing rights The conveyance under this section shall be subject to all valid existing leases, permits, rights-of-way, easements, and other rights appurtenant to the property conveyed. (c) Costs of conveyance The costs of the conveyance under this section, including the costs of environmental compliance, may be shared between the United States and the District, in accordance with the Memorandum of Agreement. (d) Compliance with environmental laws (1) In general Before carrying out the conveyance under subsection (a), the Secretary shall assure compliance with all applicable requirements under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) any other law applicable to the property conveyed. (2) Effect Nothing in this Act modifies or alters any obligation under— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (e) Failure To convey If the Secretary fails to complete the conveyance under this section by the date that is 2 years after the date of completion of the requirements described in subsection (d), the Secretary shall submit to Congress a report that— (1) explains the reasons why the conveyance has not been completed; and (2) states the date by which the conveyance will be completed. 4. Liability (a) In general Effective on the date of the conveyance under section 3, the United States— (1) shall have no further interest in, and shall have no responsibility for operating or maintaining, the Project; and (2) shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts committed by the United States or employees, agents, or contractors of the United States before the date of the conveyance. (b) Effect of section Nothing in this section increases the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). 5. Termination of repayment contract Effective beginning on the date of the conveyance under section 3— (1) the Repayment Contract shall terminate; and (2) the United States and the District shall have no obligations under the Repayment Contract. 6. Forbearance agreement (a) Payment Obligation In accordance with paragraph (4)(A) of the Forbearance Agreement, effective beginning on the date of termination of the Repayment Contract under section 5. The United States shall have no payment obligation under paragraph (4)(A) of the Forbearance Agreement. (b) Other terms and conditions All other terms and conditions of the Forbearance Agreement shall remain in full force and effect on termination of the Repayment Contract under section 5. (c) Term The term of the Forbearance Agreement shall be not less than 10 years after the date of enactment of this Act, as set forth in the Memorandum of Agreement. 7. Future benefits After conveyance of title under this Act— (1) the conveyed property shall not be considered to be a part of a Federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including Federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project.

https://www.govinfo.gov/content/pkg/BILLS-113hr1651ih/xml/BILLS-113hr1651ih.xml

113-hr-1652

I 113th CONGRESS 1st Session H. R. 1652 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Polis (for himself, Mr. Schiff , Mr. Carson of Indiana , Ms. Hahn , Mr. McDermott , Mr. Moran , Mrs. Napolitano , Ms. Pingree of Maine , Mr. Holt , Ms. Kuster , Ms. Wasserman Schultz , Mr. Cicilline , Mr. Sarbanes , Mr. Israel , Ms. Fudge , Mr. Van Hollen , Ms. Esty , Mrs. Capps , Mr. Blumenauer , Mr. Brady of Pennsylvania , Mr. Himes , Mr. Sires , Mrs. Davis of California , Mr. Capuano , Mr. Braley of Iowa , Ms. Slaughter , Mr. Swalwell of California , Ms. Chu , Mr. Waxman , Mr. Pocan , Mrs. Carolyn B. Maloney of New York , Mr. Price of North Carolina , Mr. Clay , Mr. Langevin , Mr. Engel , Mr. Higgins , Mr. Hastings of Florida , Mr. Lowenthal , Ms. Norton , Mr. George Miller of California , Mr. Farr , Mr. Tonko , Mr. Connolly , Mr. Conyers , Ms. Roybal-Allard , Mr. Lynch , Mr. Hinojosa , Ms. Tsongas , Mr. Sean Patrick Maloney of New York , Mr. Serrano , Ms. McCollum , Mr. Deutch , Ms. DeLauro , Ms. Linda T. Sánchez of California , Mr. Pascrell , Ms. Lofgren , Mr. Quigley , Ms. Lee of California , Mr. Schneider , Ms. Matsui , Mr. McGovern , Mr. Keating , Mr. Ellison , Mr. Cummings , Mr. Michaud , Mr. Markey , Ms. Bonamici , Mr. Welch , Ms. Schwartz , Mr. Cartwright , Mr. Sherman , Mr. Loebsack , Ms. DeGette , Mr. Smith of Washington , Mr. Doggett , Ms. Schakowsky , Mr. Lewis , Mrs. McCarthy of New York , Mr. Grijalva , Mr. Kildee , Mr. Watt , Ms. Wilson of Florida , Ms. DelBene , Ms. Castor of Florida , Mr. Larsen of Washington , Mr. Rangel , Ms. Edwards , Mr. Andrews , Mr. Ben Ray Luján of New Mexico , Ms. Kaptur , Mrs. Negrete McLeod , Ms. Jackson Lee , Mr. Meeks , Mr. Levin , Mr. Al Green of Texas , Mr. Rush , Mr. Pallone , Mr. Takano , Ms. Speier , Ms. Moore , Mr. Payne , Mr. Walz , Mr. Kind , Ms. Frankel of Florida , Ms. Sinema , Ms. Titus , Mr. Crowley , Ms. Michelle Lujan Grisham of New Mexico , Mr. Huffman , Mr. Peters of California , Mr. Garcia , Ms. Waters , Mr. Nadler , Ms. Eddie Bernice Johnson of Texas , Mr. Gutierrez , Mr. Bishop of New York , Ms. Ros-Lehtinen , Mr. Vargas , Ms. Pelosi , Mr. Peters of Michigan , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To end discrimination based on actual or perceived sexual orientation or gender identity in public schools, and for other purposes. 1. Short title This Act may be cited as the Student Non-Discrimination Act of 2013 . 2. Findings and purposes (a) Findings The Congress finds the following: (1) Public school students who are lesbian, gay, bisexual or transgender (LGBT), or are perceived to be LGBT, or who associate with LGBT people, have been and are subjected to pervasive discrimination, including harassment, bullying, intimidation and violence, and have been deprived of equal educational opportunities, in schools in every part of our Nation. (2) While discrimination, including harassment, bullying, intimidation and violence, of any kind is harmful to students and to our education system, actions that target students based on sexual orientation or gender identity represent a distinct and especially severe problem. (3) Numerous social science studies demonstrate that discrimination, including harassment, bullying, intimidation and violence, at school has contributed to high rates of absenteeism, dropout, adverse health consequences, and academic underachievement among LGBT youth. (4) When left unchecked, discrimination, including harassment, bullying, intimidation and violence, in schools based on sexual orientation or gender identity can lead, and has led to, life-threatening violence and to suicide. (5) Public school students enjoy a variety of constitutional rights, including rights to equal protection, privacy, and free expression, which are infringed when school officials engage in discriminatory treatment or are indifferent to discrimination, including harassment, bullying, intimidation and violence, on the basis of sexual orientation or gender identity. (6) While Federal statutory protections expressly address discrimination on the basis of race, color, sex, religion, disability, and national origin, Federal civil rights statutes do not expressly include sexual orientation or gender identity . As a result, students and parents have often had limited legal recourse to redress for discrimination on the basis of sexual orientation or gender identity. (b) Purposes The purposes of this Act are— (1) to ensure that all students have access to public education in a safe environment free from discrimination, including harassment, bullying, intimidation and violence, on the basis of sexual orientation or gender identity; (2) to provide a comprehensive Federal prohibition of discrimination in public schools based on actual or perceived sexual orientation or gender identity; (3) to provide meaningful and effective remedies for discrimination in public schools based on actual or perceived sexual orientation or gender identity; (4) to invoke congressional powers, including but not limited to the power to enforce the 14th Amendment to the Constitution and to provide for the general welfare pursuant to section 8 of article I of the Constitution and the power to enact all laws necessary and proper for the execution of the foregoing powers pursuant to section 8 of article I of the Constitution, in order to prohibit discrimination in public schools on the basis of sexual orientation or gender identity; and (5) to allow the Department of Education to effectively combat discrimination based on sexual orientation or gender identity in public schools through regulation and enforcement, as the Department has issued regulations under and enforced title IX of the Education Amendments of 1972 and other nondiscrimination laws in a manner that effectively addresses discrimination. 3. Definitions For purposes of this Act: (1) Program or activity The terms program or activity and program have same meanings given such terms as applied under section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ) to the operations of public entities under paragraph (2)(B) of such section. (2) Gender Identity The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth. (3) Harassment The term harassment means conduct that is sufficiently severe, persistent, or pervasive to limit a student's ability to participate in or benefit from a public school education program or activity, or to create a hostile or abusive educational environment at a public school, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility, if such conduct is based on— (A) a student’s actual or perceived sexual orientation or gender identity; or (B) the actual or perceived sexual orientation or gender identity of a person or persons with whom a student associates or has associated. (4) Public Schools The term public schools means public elementary and secondary schools, including local educational agencies, educational service agencies, and State educational agencies, as defined in section 9101 of the Elementary and Secondary Education Act of 1965. (5) Sexual Orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. (6) Student The term student means an individual who is enrolled in a public school or who, regardless of official enrollment status, attends classes or participates in a public school’s programs or educational activities. 4. Prohibition against discrimination; exceptions (a) In general No student shall, on the basis of actual or perceived sexual orientation or gender identity of such individual or of a person with whom the student associates or has associated, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (b) Harassment For purposes of this Act, discrimination includes, but is not limited to, harassment of a student on the basis of actual or perceived sexual orientation or gender identity of such student or of a person with whom the student associates or has associated. (c) Retaliation prohibited (1) Prohibition No person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination, retaliation, or reprisal under any program or activity receiving Federal financial assistance based on his or her opposition to conduct made unlawful by this Act. (2) Definition For purposes of this subsection, opposition to conduct made unlawful by this Act includes, but is not limited to— (A) opposition to conduct reasonably believed to be made unlawful by this Act, (B) any formal or informal report, whether oral or written, to any governmental entity, including public schools and employees thereof, regarding conduct made unlawful by this Act or reasonably believed to be made unlawful by this Act, (C) participation in any investigation, proceeding, or hearing related to conduct made unlawful by this Act or reasonably believed to be made unlawful by this Act, and (D) assistance or encouragement provided to any other person in the exercise or enjoyment of any right granted or protected by this Act, if in the course of that expression, the person involved does not purposefully provide information known to be false to any public school or other governmental entity regarding a violation, or alleged violation, of this Act. 5. Federal administrative enforcement; report to congressional committees Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 4 of this Act with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the Act authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected— (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law, except that no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until 30 days have elapsed after the filing of such report. 6. Cause of action (a) Cause of action Subject to subsection (c) of this section, an aggrieved individual may assert a violation of this Act in a judicial proceeding. Aggrieved persons may be awarded all appropriate relief, including but not limited to equitable relief, compensatory damages, cost of the action, and remedial action. (b) Rule of construction This section shall not be construed to preclude an aggrieved individual from obtaining other remedies under any other provision of law or to require such individual to exhaust any administrative complaint process or notice-of-claim requirement before seeking redress under this section. (c) Statute of limitations For actions brought pursuant to this section, the statute of limitations period shall be determined in accordance with section 1658(a) of title 28 of the United States Code. The tolling of any such limitations period shall be determined in accordance with the law governing actions under section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ) in the forum State. 7. State immunity (a) State immunity A State shall not be immune under the 11th Amendment to the Constitution of the United States from suit in Federal court for a violation of this Act. (b) Waiver A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an aggrieved individual for a violation of section 4 of this Act. (c) Remedies In a suit against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. 8. Attorney’s fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended by inserting the Student Nondiscrimination Act of 2013, after Religious Land Use and Institutionalized Persons Act of 2000, . 9. Effect on other laws (a) Federal and State nondiscrimination laws Nothing in this Act shall be construed to preempt, invalidate, or limit rights, remedies, procedures, or legal standards available to victims of discrimination or retaliation under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), or section 1979 of the Revised Statutes (42 U.S.C. 1983). The obligations imposed by this Act are in addition to those imposed by title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (b) Free speech and expression laws and religious student groups Nothing in this Act shall be construed to alter legal standards regarding, or affect the rights available to individuals or groups under, other Federal laws that establish protections for freedom of speech and expression, such as legal standards and rights available to religious and other student groups under the 1st Amendment to the Constitution and the Equal Access Act ( 20 U.S.C. 4071 et seq. ). 10. Severability If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance shall not be affected. 11. Effective date This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before the effective date of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1652ih/xml/BILLS-113hr1652ih.xml

113-hr-1653

I 113th CONGRESS 1st Session H. R. 1653 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Renacci (for himself, Mr. Gibbs , Mr. Turner , Mr. Joyce , Mrs. Beatty , Mr. Ryan of Ohio , Mr. Chabot , Ms. Fudge , Mr. Stivers , Mr. Jordan , Mr. Tiberi , Mr. Johnson of Ohio , Mr. Latta , and Mr. Wenstrup ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Secretary of the Treasury to mint coins in recognition and celebration of the Pro Football Hall of Fame. 1. Short title This Act may be cited as the Pro Football Hall of Fame Commemorative Coin Act . 2. Findings The Congress finds the following: (1) The Pro Football Hall of Fame's mission is— (A) to honor individuals who have made outstanding contributions to professional football; (B) to preserve professional football's historic documents and artifacts; (C) to educate the public regarding the origin, development, and growth of professional football as an important part of American culture; and (D) to promote the positive values of the sport. (2) The Pro Football Hall of Fame opened its doors on September 7, 1963. On that day, a charter class of 17 players, coaches, and contributors were enshrined. Among the group were such legends as Sammy Baugh, Red Grange, George Halas, Don Hutson, Bronko Nagurski, and Jim Thorpe. Through 2012, 273 members had been elected to the Pro Football Hall of Fame. Three distinct iconic symbols represent an individual's membership in the Hall of Fame: a bronze bust, a Hall of Fame gold jacket, and a Hall of Fame ring. (3) The Pro Football Hall of Fame has welcomed nearly 9,000,000 visitors from around the world since opening in 1963. The museum has grown from its original 19,000-square-foot building to a 118,000-square-foot, state-of-the-art facility, as a result of expansions in 1971, 1978, 1995, and most recently in 2011–2013. In addition, major exhibit renovations were completed in 2003, 2008, and 2009. (4) The Pro Football Hall of Fame houses the world's largest collection on professional football. Included in the museum's vast collection are more than 20,000 three-dimensional artifacts and more than 20,000,000 pages of documents, including nearly 3,000,000 photographic images. (5) The Pro Football Hall of Fame reaches a worldwide audience of nearly 15,000,000 people annually through visitors to the museum, participants in the annual Pro Football Hall of Fame Enshrinement Festival, three nationally televised events, the Hall of Fame's Web site, social media outlets, special events across the country, and through the museum's Educational Outreach video conferencing programs. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 gold coins Not more than 50,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins Not more than 400,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the game of professional football. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2017 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts and the Pro Football Hall of Fame; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Pro Football Hall of Fame, to help finance the construction of a new building and renovation of existing Pro Football Hall of Fame facilities. (c) Audits The Pro Football Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr1653ih/xml/BILLS-113hr1653ih.xml

113-hr-1654

I 113th CONGRESS 1st Session H. R. 1654 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Renacci (for himself, Mr. Quigley , Mr. Carney , Mr. Welch , Mr. Heck of Nevada , Mr. Bucshon , Mr. Barber , Mr. Webster of Florida , Mr. Delaney , Mr. Owens , and Mr. Meehan ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on Rules , Oversight and Government Reform , and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve the accuracy and transparency of the Federal budget process. 1. Short title; table of contents (a) Short title This Act may be cited as the Budget Process Improvement Act of 2013 . (b) Table of contents Sec. 1. Short title; table of contents. Title I—Improved accuracy and transparency of the Federal budget process Sec. 101. CBO and JCT descriptive analyses for second decade budget impact. Sec. 102. OMB reports on unbudgeted fiscal exposures. Sec. 103. Tax expenditure performance reviews and reports. Sec. 104. Accrual accounting report. Sec. 105. Annual revenue stability projection report. Title II—Biennial budgeting Sec. 201. Revision of timetable. Sec. 202. Amendments to the Congressional Budget and Impoundment Control Act of 1974. Sec. 203. Amendments to rules of House of Representatives. Sec. 204. Amendments to title 31 , United States Code. Sec. 205. Two-year appropriations; title and style of appropriations Acts. Sec. 206. Multiyear authorizations. Sec. 207. Government strategic and performance plans on a biennial basis. Sec. 208. Biennial appropriation bills. Sec. 209. Assistance by Federal agencies to standing committees of the Senate and the House of Representatives. Sec. 210. Report on two-year fiscal period. Sec. 211. Special transition period for the 114th Congress. Sec. 212. Effective date. I Improved accuracy and transparency of the Federal budget process 101. CBO and JCT descriptive analyses for second decade budget impact (a) CBO Section 402 of the Congressional Budget Act of 1974 is amended by inserting (a) after 402. , by striking the last sentence, and by adding at the end the following new subsections: (b) Whenever the Director of the Congressional Budget Office submits a cost estimate under subsection (a) of a bill or resolution, the Director shall also provide a descriptive analysis for the second decade budget impact of such bill or resolution. (c) The estimates, comparison, and description so submitted shall be included in the report accompanying such bill or resolution if timely submitted to such committee before such report is filed. . (b) JCT Section 202(f) of the Congressional Budget Act of 1974 is amended by inserting (1) after Revenue Estimates .— and by adding at the end the following new paragraph: (2) Whenever the Joint Committee on Taxation provides revenue estimates to the Congressional Budget Office under paragraph (1), the Joint Committee on Taxation shall also provide a descriptive analysis for the second decade budget impact. . 102. OMB reports on unbudgeted fiscal exposures Not later than July 1 of each year, the Director of the Office of Management and Budget, in conjunction with the Secretary of the Treasury, shall publish a report on the size, scope, risk, and cost of the contingent liabilities of the Government, including the implicit guarantees to Government-sponsored enterprises such as the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. 103. Tax expenditure performance reviews and reports (a) Performance review schedule and reports (1) The Secretary of the Treasury (hereinafter in this section referred to as the Secretary ), in conjunction with the Director of the Office of Management and Budget (hereinafter in this section referred to as the Director ), shall conduct performance reviews of tax expenditures, as identified by the Joint Committee on Taxation, on an ongoing basis. The Secretary shall develop the schedule for these reviews, such that each tax expenditure is reviewed at least once in every four-year period. A four-year schedule shall be submitted by the Secretary to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate during January of each calendar year. (2) Within three months after the enactment of any new tax expenditure, the Secretary shall revise the most recent four-year schedule of tax expenditure performance reviews and submit them to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (3) Not later than one year after the enactment of this Act, the Secretary shall have submitted to Congress and to the Director the first four-year schedule and begin the first performance reviews under paragraph (1). (4) The Secretary shall endeavor to develop a four-year schedule that provides for the simultaneous review of tax expenditures that have similar policy objectives. (b) Reports (1) The Secretary shall report each of its performance reviews of tax expenditures to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate in quarterly reports and containing all of the performance reviews conducted since the preceding report. (2) The Secretary may conduct expedited performance reviews for any tax expenditure that has an estimated annual fiscal impact of less than $1 billion, annually adjusted for inflation, unless the chairs and ranking minority members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate jointly request, in writing, a full review. (3) Each performance review, except for expedited performance reviews, shall include the following explanations, descriptions, estimates, analyses, and recommendations: (A) An explanation of the tax expenditure and any relevant economic, social, or other context under which it was first enacted. (B) A description of the intended purpose of the tax expenditure. (C) An analysis of the overall success of the tax expenditure in achieving such purpose, and evidence supporting such analysis. (D) An analysis of the extent to which further extending the tax expenditure, or making it permanent, would contribute to achieving such purpose. (E) A description of the direct and indirect beneficiaries of the tax expenditure, also specifying— (i) any unintended beneficiaries of the tax expenditure; (ii) the classes of individuals, types of organizations, or types of industries whose Federal tax liabilities are directly affected by the tax expenditure; (iii) the extent to which terminating the tax expenditure may have negative effects on the category of taxpayers that currently benefit from the tax preference and on the economy; and (iv) the extent to which the termination of the tax expenditure would affect the distribution of liability for payments of Federal taxes. (F) An analysis of whether the tax expenditure is the most cost-effective method for achieving the purpose for which it was intended, and a description of any more cost-effective methods through which such purpose could be accomplished, and in particular the extent to which a direct spending program might be preferable to a tax expenditure, including— (i) whether an outlay program might achieve the same policy objectives as a tax expenditure; (ii) whether an outlay program might reduce deadweight losses and improve economic efficiency in the national economy; and (iii) whether a direct spending program might be more or less expense to administer. (G) A description of any unintended effects of the tax expenditure that is useful in understanding the tax expenditure’s overall value. (H) A description of any interactions (actual or potential) with other tax expenditures or direct spending programs in the same or related budget function that should be studied further. (I) An estimate of the annual cost in forgone revenues of the tax expenditure, as well as a projection of the cost in foregone revenues for the ensuing ten fiscal years. (J) A description of any further information needed to complete a more thorough examination and analysis of the tax expenditure, and what is necessary to make such information available. (K) A specific recommendation, based on analysis conducted in the performance review, as to whether the tax expenditure should be continued without modification, modified (including converted fully or partly into a direct spending program), scheduled for sunset, reviewed at a later date, or terminated immediately. The Secretary may decline to provide a specific recommendation, but in each such case shall provide an explanation of why a recommendation has not been given. (4) An expedited performance review shall include at least the explanations, descriptions, estimates, analyses, and recommendations as listed in subparagraphs (A), (B), (C), (D), (I), (J), and (K) of paragraph (3). (c) Committee hearings After the submission of any performance review report under subsection (b), the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate shall hold public hearings to consider the performance review recommendations contained in that report. The Committees on the Budget of the House of Representatives and the Senate may also hold hearings on such performance review recommendations. 104. Accrual accounting report (a) Accrual-Based accounting system The Director of the Office of Management and Budget shall develop a proposal for the implementation of an accrual-based accounting system for certain portions of the budget, excluding— (1) insurance; (2) environmental liabilities; (3) Federal employee pensions; (4) retiree health benefits; and (5) other budget items where accrual-based accounting would feasibly capture significant future cash resource requirements that are not reflected in the cash-based budget; where appropriate and reasonable. (b) Report Within one year of the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to Congress setting forth the legislation necessary for the implementation of an accrual-based accounting system for part of the budget, along with any recommendations regarding its proposed legislation. 105. Annual revenue stability projection report Not later than July 1 of each year, the Joint Committee on Taxation, shall publish a report that projects annual Federal revenues by source over the next 10 fiscal years and includes a discussion of the assumptions used to project such revenues. The Joint Committee on Taxation shall transmit to the Committee on Ways and Means of the House of Representatives. II Biennial budgeting 201. Revision of timetable Section 300 of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 ) is amended to read as follows: 300. Timetable (a) In General Except as provided by subsection (b), the timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Fifteenth Congress) is as follows: First Session On or before: Action to be completed: First Monday in February President submits budget recommendations. February 15 Congressional Budget Office submits report to Budget Committees. Not later than 6 weeks after budget submission Committees submit views and estimates to Budget Committees. April 1 Budget Committees report concurrent resolution on the biennial budget. May 15 Congress completes action on concurrent resolution on the biennial budget. May 15 Biennial appropriation bills may be considered in the House. June 10 House Appropriations Committee reports last biennial appropriation bill. June 30 House completes action on biennial appropriation bills. October 1 Biennium begins. Second Session On or before: Action to be completed: February 15 President submits budget review. Not later than 6 weeks after President submits budget review Congressional Budget Office submits report to Budget Committees. The last day of the session Congress completes action on bills and resolutions authorizing new budget authority for the succeeding biennium. (b) Special Rule In the case of any first session of Congress that begins in any year during which the term of a President (except a President who succeeds himself) begins, the following dates shall supersede those set forth in subsection (a): First Session On or before: Action to be completed: First Monday in April President submits budget recommendations. April 20 Committees submit views and estimates to Budget Committees. May 15 Budget Committees report concurrent resolution on the biennial budget. June 1 Congress completes action on concurrent resolution on the biennial budget. June 1 Biennial appropriation bills may be considered in the House. July 1 House Appropriations Committee reports last biennial appropriation bill. July 20 House completes action on biennial appropriation bills. October 1 Biennium begins. . 202. Amendments to the Congressional Budget and Impoundment Control Act of 1974 (a) Declaration of Purpose Section 2(2) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621(2) ) is amended by striking each year and inserting biennially . (b) Definitions (1) Budget resolution Section 3(4) of such Act ( 2 U.S.C. 622(4) ) is amended by striking fiscal year each place it appears and inserting biennium . (2) Biennium Section 3 of such Act ( 2 U.S.C. 622 ) is amended by adding at the end the following new paragraph: (12) The term biennium means the period of 2 consecutive fiscal years beginning on October 1 of any odd-numbered year. . (c) Biennial Concurrent Resolution on the Budget (1) Contents of resolution Section 301(a) of such Act ( 2 U.S.C. 632(a) ) is amended— (A) in the matter preceding paragraph (1) by— (i) striking April 15 of each year and inserting May 15 of each odd-numbered year ; (ii) striking the fiscal year beginning on October 1 of such year the first place it appears and inserting the biennium beginning on October 1 of such year ; and (iii) striking the fiscal year beginning on October 1 of such year the second place it appears and inserting each fiscal year in such period ; (B) in paragraph (6), by striking for the fiscal year and inserting for each fiscal year in the biennium ; and (C) in paragraph (7), by striking for the fiscal year and inserting for each fiscal year in the biennium . (2) Additional matters Section 301(b) of such Act ( 2 U.S.C. 632(b) ) is amended— (A) in paragraph (3), by striking for such fiscal year and inserting for either fiscal year in such biennium ; and (B) in paragraph (7), by striking for the first fiscal year and inserting for each fiscal year in the biennium . (3) Views of other committees Section 301(d) of such Act ( 2 U.S.C. 632(d) ) is amended by inserting (or, if applicable, as provided by section 300(b)) after United States Code . (4) Hearings Section 301(e)(1) of such Act ( 2 U.S.C. 632(e) ) is amended by— (A) striking fiscal year and inserting biennium ; and (B) inserting after the second sentence the following: On or before April 1 of each odd-numbered year (or, if applicable, as provided by section 300(b)), the Committee on the Budget of each House shall report to its House the concurrent resolution on the budget referred to in subsection (a) for the biennium beginning on October 1 of that year. . (5) Goals for reducing unemployment Section 301(f) of such Act (2 U.S.C. 632(f)) is amended by striking fiscal year each place it appears and inserting biennium . (6) Economic assumptions Section 301(g)(1) of such Act ( 2 U.S.C. 632(g)(1) ) is amended by striking for a fiscal year and inserting for a biennium . (7) Section heading The section heading of section 301 of such Act is amended by striking annual and inserting biennial . (8) Table of contents The item relating to section 301 in the table of contents set forth in section 1(b) of such Act is amended by striking Annual and inserting Biennial . (d) Committee Allocations Section 302 of such Act ( 2 U.S.C. 633 ) is amended— (1) in subsection (a)(1) by— (A) striking for the first fiscal year of the resolution, and inserting for each fiscal year in the biennium, ; (B) striking for that period of fiscal years and inserting for all fiscal years covered by the resolution ; and (C) striking for the fiscal year of that resolution and inserting for each fiscal year in the biennium ; (2) in subsection (a)(5), by striking April 15 and inserting May 15 ; (3) in subsection (f)(1), by striking for a fiscal year and inserting for a biennium ; (4) in subsection (f)(1), by striking first fiscal year and inserting either fiscal year of the biennium ; (5) in subsection (f)(2)(A), by— (A) striking first fiscal year and inserting each fiscal year of the biennium ; and (B) striking the total of fiscal years and inserting the total of all fiscal years covered by the resolution ; and (6) in subsection (g)(1)(A), by striking April and inserting May . (e) Section 303 Point of Order (1) In general Section 303(a) of such Act ( 2 U.S.C. 634(a) ) is amended by striking for a fiscal year and inserting for a biennium and by striking the first fiscal year and inserting each fiscal year of the biennium . (2) Exceptions in the house Section 303(b) of such Act ( 2 U.S.C. 634(b) ) is amended— (A) in paragraph (1)(A), by striking the budget year and inserting the biennium ; (B) in paragraph (1)(B), by striking the fiscal year and inserting the biennium ; and (C) in paragraph (2), by inserting (or June 1 whenever section 300(b) is applicable) . (3) Application to the senate Section 303(c)(1) of such Act ( 2 U.S.C. 634(c) ) is amended by— (A) striking fiscal year and inserting biennium ; and (B) striking that year and inserting each fiscal year of that biennium . (f) Permissible Revisions of Concurrent Resolutions on the Budget Section 304 of such Act ( 2 U.S.C. 635 ) is amended— (1) by striking fiscal year the first two places it appears and inserting biennium ; (2) by striking for such fiscal year ; and (3) by inserting before the period for such biennium . (g) Procedures for Consideration of Budget Resolutions Section 305(a)(3) of such Act ( 2 U.S.C. 636(b)(3) ) is amended by striking fiscal year and inserting biennium . (h) Completion of House Committee Action on Appropriation Bills Section 307 of such Act ( 2 U.S.C. 638 ) is amended— (1) by striking each year and inserting each odd-numbered year (or, if applicable, as provided by section 300(b), July 1) ; (2) by striking annual and inserting biennial ; (3) by striking fiscal year and inserting biennium ; and (4) by striking that year and inserting each odd-numbered year . (i) Quarterly Budget Reports Section 308 of such Act ( 2 U.S.C. 639 ) is amended by adding at the end the following new subsection: (d) Quarterly Budget Reports The Director of the Congressional Budget Office shall, as soon as practicable after the completion of each quarter of the fiscal year, prepare an analysis comparing revenues, spending, and the deficit or surplus for the current fiscal year to assumptions included in the congressional budget resolution. In preparing this report, the Director of the Congressional Budget Office shall combine actual budget figures to date with projected revenue and spending for the balance of the fiscal year. The Director of the Congressional Budget Office shall include any other information in this report that it deems useful for a full understanding of the current fiscal position of the Federal Government. The reports mandated by this subsection shall be transmitted by the Director to the Senate and House Committees on the Budget, and the Congressional Budget Office shall make such reports available to any interested party upon request. . (j) Completion of House Action on Regular Appropriation Bills Section 309 of such Act ( 2 U.S.C. 640 ) is amended— (1) by striking It and inserting Except whenever section 300(b) is applicable, it ; (2) by inserting of any odd-numbered calendar year after July ; (3) by striking annual and inserting biennial ; and (4) by striking fiscal year and inserting biennium . (k) Reconciliation Process Section 310 of such Act ( 2 U.S.C. 641 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking any fiscal year and inserting any biennium ; (2) in subsection (a)(1), by striking such fiscal year each place it appears and inserting any fiscal year covered by such resolution ; and (3) by striking subsection (f) and redesignating subsection (g) as subsection (f). (l) Section 311 Point of Order (1) In the house Section 311(a)(1) of such Act ( 2 U.S.C. 642(a) ) is amended— (A) by striking for a fiscal year and inserting for a biennium ; (B) by striking the first fiscal year each place it appears and inserting either fiscal year of the biennium ; and (C) by striking that first fiscal year and inserting each fiscal year in the biennium . (2) In the senate Section 311(a)(2) of such Act is amended— (A) in subparagraph (A), by striking for the first fiscal year and inserting for either fiscal year of the biennium ; and (B) in subparagraph (B)— (i) by striking that first fiscal year the first place it appears and inserting each fiscal year in the biennium ; and (ii) by striking that first fiscal year and the ensuing fiscal years and inserting all fiscal years . (3) Social security levels Section 311(a)(3) of such Act is amended by— (A) striking for the first fiscal year and inserting each fiscal year in the biennium ; and (B) striking that fiscal year and the ensuing fiscal years and inserting all fiscal years . (m) Maximum Deficit Amount Point of Order Section 312(c) of the Congressional Budget Act of 1974 ( 2 U.S.C. 643 ) is amended— (1) by striking for a fiscal year and inserting for a biennium ; (2) in paragraph (1), by striking first fiscal year and inserting either fiscal year in the biennium ; (3) in paragraph (2), by striking that fiscal year and inserting either fiscal year in the biennium ; and (4) in the matter following paragraph (2), by striking that fiscal year and inserting the applicable fiscal year . 203. Amendments to rules of House of Representatives (a) Clause 4(a)(1)(A) of rule X of the Rules of the House of Representatives is amended by inserting odd-numbered after each . (b) Clause 4(a)(4) of rule X of the Rules of the House of Representatives is amended by striking fiscal year and inserting biennium . (c) Clause 4(b)(2) of rule X of the Rules of the House of Representatives is amended by striking each fiscal year and inserting the biennium . (d) Clause 4(b) of rule X of the Rules of the House of Representatives is amended by striking and at the end of subparagraph (5), by striking the period and inserting ; and at the end of subparagraph (6), and by adding at the end the following new subparagraph: (7) use the second session of each Congress to study issues with long-term budgetary and economic implications, which would include— (A) hold hearings to receive testimony from committees of jurisdiction to identify problem areas and to report on the results of oversight; and (B) by January 1 of each odd-numbered year, issuing a report to the Speaker which identifies the key issues facing the Congress in the next biennium. . (e) Clause 11(i) of rule X of the Rules of the House of Representatives is amended by striking during the same or preceding fiscal year . (f) Clause 4(e) of rule X of the Rules of the House of Representatives is amended by striking annually each place it appears and inserting biennially and by striking annual and inserting biennial . (g) Clause 4(f) of rule X of the Rules of the House of Representatives is amended— (1) by inserting during each odd-numbered year after the submission of budget by the President ; (2) by striking fiscal year the first place it appears and inserting biennium ; and (3) by striking that fiscal year and inserting each fiscal year in such ensuing biennium . (h) Clause 3(d)(2)(A) of rule XIII of the Rules of the House of Representatives is amended by striking five both places it appears and inserting six . (i) Clause 5(a)(1) of rule XIII of the Rules of the House of Representatives is amended by striking fiscal year after September 15 in the preceding fiscal year and inserting biennium after September 15 of the year in which such biennium begins . 204. Amendments to title 31 , United States Code (a) Definition Section 1101 of title 31, United States Code, is amended by adding at the end thereof the following new paragraph: (3) biennium has the meaning given to such term in paragraph (12) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(11)). . (b) Budget Contents and Submission to the Congress (1) Schedule The matter preceding paragraph (1) in section 1105(a) of title 31, United States Code, is amended to read as follows: (a) On or before the first Monday in February of each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974), beginning with the One Hundred Fifteenth Congress, the President shall transmit to the Congress, the budget for the biennium beginning on October 1 of such calendar year. The budget transmitted under this subsection shall include a budget message and summary and supporting information. The President shall include in each budget the following: . (2) Expenditures Section 1105(a)(5) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years . (3) Receipts Section 1105(a)(6) of title 31, United States Code, is amended by striking the fiscal year for which the budget is submitted and the 4 fiscal years after that year and inserting each fiscal year in the biennium for which the budget is submitted and in the succeeding 4 years . (4) Balance statements Section 1105(a)(9)(C) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (5) Government functions and activities Section 1105(a)(12) of title 31, United States Code, is amended in subparagraph (A), by striking the fiscal year and inserting each fiscal year in the biennium . (6) Allowances Section 1105(a)(13) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (7) Allowances for unanticipated and uncontrollable expenditures Section 1105(a)(14) of title 31, United States Code, is amended by striking that year and inserting each fiscal year in the biennium for which the budget is submitted . (8) Tax expenditures Section 1105(a)(16) of title 31, United States Code, is amended by striking the fiscal year and inserting each fiscal year in the biennium . (9) Estimates for future years Section 1105(a)(17) of title 31, United States Code, is amended— (A) by striking the fiscal year following the fiscal year and inserting each fiscal year in the biennium following the biennium ; (B) by striking that following fiscal year and inserting each such fiscal year ; and (C) by striking fiscal year before the fiscal year and inserting biennium before the biennium . (10) Prior year outlays Section 1105(a)(18) of title 31, United States Code, is amended— (A) by striking the prior fiscal year and inserting each of the 2 most recently completed fiscal years, ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year and inserting in those fiscal years . (11) Prior year receipts Section 1105(a)(19) of title 31, United States Code, is amended— (A) by striking the prior fiscal year and inserting each of the 2 most recently completed fiscal years ; (B) by striking for that year and inserting with respect to those fiscal years ; and (C) by striking in that year each place it appears and inserting in those fiscal years . (c) Estimated Expenditures of Legislative and Judicial Branches Section 1105(b) of title 31, United States Code, is amended by striking each year and inserting each even numbered year . (d) Recommendations To Meet Estimated Deficiencies Section 1105(c) of title 31, United States Code, is amended— (1) by striking the fiscal year for the first place it appears and inserting each fiscal year in the biennium for ; (2) by striking the fiscal year for the second place it appears and inserting each fiscal year of the biennium, as the case may be, ; and (3) by striking that year and inserting for each year of the biennium . (e) Capital Investment Analysis Section 1105(e)(1) of title 31, United States Code, is amended by striking ensuing fiscal year and inserting biennium to which such budget relates . (f) Supplemental Budget Estimates and Changes (1) In general Section 1106(a) of title 31, United States Code, is amended— (A) in the matter preceding paragraph (1), by— (i) inserting and before February 15 of each even numbered year after Before July 16 of each year ; and (ii) striking fiscal year and inserting biennium ; (B) in paragraph (1), by striking that fiscal year and inserting each fiscal year in such biennium ; (C) in paragraph (2), by striking 4 fiscal years following the fiscal year and inserting 4 fiscal years following the biennium ; and (D) in paragraph (3), by striking fiscal year and inserting biennium . (2) Changes Section 1106(b) of title 31, United States Code, is amended by— (A) striking the fiscal year and inserting each fiscal year in the biennium ; and (B) inserting and before February 15 of each even numbered year after Before July 16 of each year . (g) Current Programs and Activities Estimates (1) The president Section 1109(a) of title 31, United States Code, is amended— (A) by striking On or before the first Monday after January 3 of each year (on or before February 5 in 1986) and inserting At the same time the budget required by section 1105 is submitted for a biennium ; and (B) by striking the following fiscal year and inserting each fiscal year of such period . (2) Joint economic committee Section 1109(b) of title 31, United States Code, is amended by striking March 1 of each year and inserting within 6 weeks of the President’s budget submission for each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974) . (h) Year-Ahead Requests for Authorizing Legislation Section 1110 of title 31, United States Code, is amended by— (1) striking May 16 and inserting March 31 ; and (2) striking year before the year in which the fiscal year begins and inserting calendar year preceding the calendar year in which the biennium begins . 205. Two-year appropriations; title and style of appropriations Acts Section 105 of title 1, United States Code, is amended to read as follows: 105. Title and style of appropriations Acts (a) The style and title of all Acts making appropriations for the support of the Government shall be as follows: An Act making appropriations (here insert the object) for each fiscal year in the biennium of fiscal years (here insert the fiscal years of the biennium). . (b) All Acts making regular appropriations for the support of the Government shall be enacted for a biennium and shall specify the amount of appropriations provided for each fiscal year in such period. (c) For purposes of this section, the term biennium has the same meaning as in section 3(12) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622(12)). . 206. Multiyear authorizations (a) In General Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 316. Multiyear authorizations of appropriations (a) Point of Order (1) (A) It shall not be in order in the House of Representatives or the Senate to consider any measure that contains a specific authorization of appropriations for any purpose unless the measure includes such a specific authorization of appropriations for that purpose for not less than each fiscal year in one or more bienniums. (B) For purposes of this paragraph, a specific authorization of appropriations is an authorization for the enactment of an amount of appropriations or amounts not to exceed an amount of appropriations (whether stated as a sum certain, as a limit, or as such sums as may be necessary) for any purpose for a fiscal year. (2) Paragraph (1) does not apply with respect to an authorization of appropriations for a single fiscal year for any program, project, or activity if the measure containing that authorization includes a provision expressly stating the following: Congress finds that no authorization of appropriation will be required for [Insert name of applicable program, project, or activity] for any subsequent fiscal year. . (3) For purposes of this subsection, the term measure means a bill, joint resolution, amendment, motion, or conference report. . (b) Amendment to Table of Contents The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 315 the following new item: Sec. 316. Multiyear authorizations of appropriations. . 207. Government strategic and performance plans on a biennial basis (a) Strategic Plans Section 306 of title 5, United States Code, is amended— (1) in subsection (a), by striking September 30, 1997 and inserting September 30, 2016 ; (2) in subsection (b)— (A) by striking at least every three years and inserting at least every 4 years ; and (B) by striking five years forward and inserting six years forward ; and (3) in subsection (c), by inserting a comma after section the second place it appears and adding including a strategic plan submitted by September 30, 2016, meeting the requirements of subsection (a) . (b) Budget Contents and Submission to Congress Paragraph (28) of section 1105(a) of title 31, United States Code, is amended by striking beginning with fiscal year 1999, a and inserting beginning with fiscal year 2018, a biennial . (c) Performance Plans Section 1115 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in the matter before paragraph (1) by striking an annual and inserting a biennial ; (B) in paragraph (1) by inserting after program activity the following: for both years 1 and 2 of the biennial plan ; (C) in paragraph (5) by striking and after the semicolon; (D) in paragraph (6) by striking the period and inserting a semicolon; and inserting and after the inserted semicolon; and (E) by adding after paragraph (6) the following: (7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle. ; (2) in subsection (d) by striking annual and inserting biennial ; and (3) in paragraph (6) of subsection (f) by striking annual and inserting biennial . (d) Managerial Accountability and Flexibility Section 9703 of title 31, United States Code, relating to managerial accountability, is amended— (1) in subsection (a)— (A) in the first sentence by striking Beginning with fiscal year 1999, the and inserting Beginning with fiscal year 2018, the biennial and by striking annual ; and (B) by striking section 1105(a)(29) and inserting section 1105(a)(28) ; and (2) in subsection (e)— (A) in the first sentence by striking one or before years ; (B) in the second sentence by striking a subsequent year and inserting for a subsequent 2-year period ; and (C) in the third sentence by striking three and inserting four . (e) Pilot Projects for Performance Budgeting Section 1119 of title 31, United States Code, is amended— (1) in paragraph (1) of subsection (d), by striking annual and inserting biennial ; and (2) in subsection (e), by striking annual and inserting biennial . (f) Strategic Plans Section 2802 of title 39, United States Code, is amended— (1) in subsection (a), by striking September 30, 1997 and inserting September 30, 2016 ; (2) in subsection (b), by striking at least every three years and inserting at least every 4 years ; (3) by striking five years forward and inserting six years forward ; and (4) in subsection (c), by inserting a comma after section the second place it appears and inserting including a strategic plan submitted by September 30, 2016, meeting the requirements of subsection (a) . (g) Performance Plans Section 2803(a) of title 39, United States Code, is amended— (1) in the matter before paragraph (1), by striking an annual and inserting a biennial ; (2) in paragraph (1), by inserting after program activity the following: for both years 1 and 2 of the biennial plan ; (3) in paragraph (5), by striking and after the semicolon; (4) in paragraph (6), by striking the period and inserting ; and ; and (5) by adding after paragraph (6) the following: (7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle. . (h) Committee Views of Plans and Reports Section 301(d) of the Congressional Budget Act ( 2 U.S.C. 632(d) ) is amended by adding at the end Each committee of the Senate or the House of Representatives shall review the strategic plans, performance plans, and performance reports, required under section 306 of title 5, United States Code, and sections 1115 and 1116 of title 31, United States Code, of all agencies under the jurisdiction of the committee. Each committee may provide its views on such plans or reports to the Committee on the Budget of the applicable House. . (i) Effective Date (1) In general The amendments made by this section shall take effect on September 30, 2016. (2) Agency actions Effective on and after the date of enactment of this Act, each agency shall take such actions as necessary to prepare and submit any plan or report in accordance with the amendments made by it. 208. Biennial appropriation bills (a) In the House of Representatives (1) Clause 2(a) of rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph: (3) (A) Except as provided by subdivision (B), an appropriation may not be reported in a general appropriation bill (other than a supplemental appropriation bill), and may not be in order as an amendment thereto, unless it provides new budget authority or establishes a level of obligations under contract authority for each fiscal year of a biennium. (B) Subdivision (A) does not apply with respect to an appropriation for a single fiscal year for any program, project, or activity if the bill or amendment thereto containing that appropriation includes a provision expressly stating the following: Congress finds that no additional funding beyond one fiscal year will be required and the [Insert name of applicable program, project, or activity] will be completed or terminated after the amount provided has been expended. . (C) For purposes of paragraph (b), the statement set forth in subdivision (B) with respect to an appropriation for a single fiscal year for any program, project, or activity may be included in a general appropriation bill or amendment thereto. . (2) Clause 5(b)(1) of rule XXII of the Rules of the House of Representatives is amended by striking or (c) and inserting or (3) or 2(c) . (b) In the Senate (1) Title III of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 et seq. ) (as amended by section 206) is further amended by adding at the end the following: 317. Consideration of biennial appropriation bills It shall not be in order in the Senate in any odd-numbered year to consider any regular appropriation bill providing new budget authority or a limitation on obligations under the jurisdiction of the Committee on Appropriations for only the first fiscal year of a biennium, unless the program, project, or activity for which the new budget authority or obligation limitation is provided will require no additional authority beyond one year and will be completed or terminated after the amount provided has been expended. . (2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 316 the following new item: Sec. 317. Consideration of biennial appropriation bills. . 209. Assistance by Federal agencies to standing committees of the Senate and the House of Representatives (a) Information Regarding Agency Appropriations Requests To assist each standing committee of the House of Representatives and the Senate in carrying out its responsibilities, the head of each Federal agency which administers the laws or parts of laws under the jurisdiction of such committee shall provide to such committee such studies, information, analyses, reports, and assistance as may be requested by the chairman and ranking minority member of the committee. (b) Information Regarding Agency Program Administration To assist each standing committee of the House of Representatives and the Senate in carrying out its responsibilities, the head of any agency shall furnish to such committee documentation, containing information received, compiled, or maintained by the agency as part of the operation or administration of a program, or specifically compiled pursuant to a request in support of a review of a program, as may be requested by the chairman and ranking minority member of such committee. (c) Summaries by Comptroller General Within thirty days after the receipt of a request from a chairman and ranking minority member of a standing committee having jurisdiction over a program being reviewed and studied by such committee under this section, the Comptroller General of the United States shall furnish to such committee summaries of any audits or reviews of such program which the Comptroller General has completed during the preceding six years. (d) Congressional Assistance Consistent with their duties and functions under law, the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Director of the Congressional Research Service shall continue to furnish (consistent with established protocols) to each standing committee of the House of Representatives or the Senate such information, studies, analyses, and reports as the chairman and ranking minority member may request to assist the committee in conducting reviews and studies of programs under this section. 210. Report on two-year fiscal period Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; and (2) report the findings of the study to the Committees on the Budget of the House of Representatives and the Senate and the Committee on Rules of the House of Representatives. 211. Special transition period for the 114th Congress (a) President’s Budget Submission for Fiscal Year 2016 The budget submission of the President pursuant to section 1105(a) of title 31, United States Code, for fiscal year 2016 shall include the following: (1) An identification of the budget accounts for which an appropriation should be made for each fiscal year of the fiscal year 2016–2017 biennium. (2) Budget authority that should be provided for each such fiscal year for the budget accounts identified under paragraph (1). (b) Review and Recommendations of the Committees on Appropriations The Committee on Appropriations of the House of Representatives and the Senate shall review the items included pursuant to subsection (a) in the budget submission of the President for fiscal year 2016 and include its recommendations thereon in its views and estimates made under section 301(d) of the Congressional Budget Act of 1974 within 6 weeks of that budget submission. (c) Actions by the Committees on the Budget (1) The Committee on the Budget of the House of Representatives and the Senate shall review the items included pursuant to subsection (a) in the budget submission of the President for fiscal year 2016 and the recommendations submitted by the Committee on Appropriations of its House pursuant to subsection (b) included in its views and estimates made under section 301(d) of the Congressional Budget Act of 1974. (2) The report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget for fiscal year 2016 and the joint explanatory statement of managers accompanying such resolution shall also include allocations to the Committee on Appropriations of its House of total new budget authority and total outlays (which shall be deemed to be made pursuant to section 302(a) of the Congressional Budget Act of 1974 for purposes of budget enforcement under section 302(f)) for fiscal year 2017 from which the Committee on Appropriations may report regular appropriation bills for fiscal year 2014 that include funding for certain accounts for each of fiscal years 2016 and 2017. (3) The report of the Committee on the Budget of each House accompanying the concurrent resolution on the budget for fiscal year 2016 and the joint explanatory statement of managers accompanying such resolution shall also include the assumptions upon which such allocations referred to in paragraph (2) are based. (d) GAO Programmatic Oversight Assistance (1) During the first session of the 114th Congress the committees of the House of Representatives and the Senate are directed to work with the Comptroller General of the United States to develop plans to transition program authorizations to a multi-year schedule. (2) During the 114th Congress, the Comptroller General of the United States will continue to provide assistance to the Congress with respect to programmatic oversight and in particular will assist the committees of Congress in designing and conforming programmatic oversight procedures for the fiscal year 2016–2017 biennium. (e) CBO Authorization Report On or before January 15, 2016, the Director of the Congressional Budget Office, after consultation with the appropriate committees of the House of Representatives and Senate, shall submit to the Congress a report listing (A) all programs and activities funded during fiscal year 2016 for which authorizations for appropriations have not been enacted for that fiscal year and (B) all programs and activities funded during fiscal year 2016 for which authorizations for appropriations will expire during that fiscal year, fiscal year 2017, or fiscal year 2018. (f) President’s Budget Submission for Fiscal Year 2017 The budget submission of the President pursuant to section 1105(a) of title 31, United States Code, for fiscal year 2017 shall include an evaluation of, and recommendations regarding, the transitional biennial budget process for the fiscal year 2016–2017 biennium that was carried out pursuant to this section. (g) CBO Transitional Report On or before March 31, 2016, the Director of the Congressional Budget Office shall submit to Congress an evaluation of, and recommendations regarding, the transitional biennial budget process for the fiscal year 2016–2017 biennium that was carried out pursuant to this section. 212. Effective date Except as provided by sections 207, 209, 210, and 211, this Act and the amendments made by it shall take effect on January 1, 2017, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2018.

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