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113-hr-1655

I 113th CONGRESS 1st Session H. R. 1655 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Roe of Tennessee introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Uniformed and Overseas Citizens Absentee Voting Act to require States to delay certifying the results of regularly scheduled general elections for Federal office in order to ensure the counting of any marked absentee ballots of absent overseas uniformed services voters that are collected by the Presidential designee under such Act for delivery to State election officials. 1. Short title This Act may be cited as the Military Overseas Ballot Protection Act . 2. Delay in certification of results of general elections for Federal office in order to count absentee ballots of absent overseas uniformed services voters Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 ) is amended by adding at the end the following new subsection: (j) Delay in certification of results of certain elections in order To count absentee ballots of absent overseas uniformed services voters (1) In general A State may not certify the results of a regularly scheduled general election for Federal office until the State has counted all of the valid marked absentee ballots of absent uniformed services voters cast in the election which are collected by the Presidential designee and delivered to the appropriate election officials in the State under section 103A. (2) Permitting certification at certain time after election Notwithstanding paragraph (1), a State may certify the results of a regularly scheduled general election for Federal office on the later of— (A) the expiration of the 10-day period which begins on the date of the election; or (B) the date provided under State law. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1655ih/xml/BILLS-113hr1655ih.xml

113-hr-1656

I 113th CONGRESS 1st Session H. R. 1656 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Sablan introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Wagner-Peyser Act to include the Commonwealth of the Northern Mariana Islands in the employment services provided under that Act. 1. Inclusion of the Commonwealth of the Northern Mariana Islands in the Wagner-Peyser Act The Wagner-Peyser Act is amended— (1) in section 2(5) ( 29 U.S.C. 49a(5) ), by inserting the Commonwealth of the Northern Mariana Islands, after Guam, ; (2) in section 5(b)(1) ( 29 U.S.C. 49d(b)(1) ), by inserting and the Commonwealth of the Northern Mariana Islands after Guam ; and (3) in section 6(a) ( 29 U.S.C. 49e(a) )— (A) by striking allot to Guam and inserting allot to— (1) Guam ; (B) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (2) the Commonwealth of the Northern Mariana Islands an amount which, in relation to the total amount available for the fiscal year, is equal to the allotment percentage that Guam received of amounts available under this Act in fiscal year 1983. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1656ih/xml/BILLS-113hr1656ih.xml

113-hr-1657

I 113th CONGRESS 1st Session H. R. 1657 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Stutzman introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to improve the supplemental nutrition assistance program. 1. Categorical eligibility limitations Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) by striking the section designation and heading and all that follows through (a) Participation and inserting the following: 5. Eligible households (a) Requirements (1) In general Participation ; (2) in subsection (a)— (A) by striking the second sentence and inserting the following: (2) Recipients of other Federal benefits Except as provided in section 3(n)(4) and subsections (b), (d)(2), and (g) of section 6, a household shall be eligible to participate in the supplemental nutrition assistance program if each member of the household receives— (A) cash assistance in the form of ongoing basic needs benefit payments for financially needy families under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); (B) cash assistance under the supplemental security income program established under title XVI of that Act ( 42 U.S.C. 1381 et seq. ); or (C) aid to the aged, blind, or disabled under title I, X, XIV, or XVI of that Act (42 U.S.C. 301 et seq.). ; (B) in the third sentence, by striking Except for sections 6, 16(e)(1), and section 3(n)(4), households and inserting the following: (3) General assistance Except as provided in sections 3(n)(4), 6, and 16(d), a household ; and (C) in the fourth sentence, by striking Assistance and inserting the following: (4) Applications Assistance ; and (3) in subsection (j)— (A) by inserting cash assistance in the form of before supplemental security income benefits ; and (B) by striking or who receives benefits and inserting or who receives cash assistance . 2. Requirements for re-enrollment Paragraph (4) of section 5(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(a) ) (as designated by section 1(2)(C)) is amended— (1) by striking Assistance and inserting the following: (A) In general Assistance ; and (2) by adding at the end the following: (B) Reenrollment Any eligible household that previously received benefits under the supplemental nutrition assistance program and applies for reenrollment in the program shall be required— (i) to complete in full a new application; and (ii) to verify that the income and assets of the household are in compliance with the requirements of the program. . 3. Standard utility allowances based on the receipt of energy assistance payments (a) Standard utility allowance Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— (1) in subsection (e)(6)(C), by striking clause (iv); and (2) in subsection (k), by striking paragraph (4) and inserting the following: (4) Third party energy assistance payments For purposes of subsection (d)(1), a payment made under a State law (other than a law referred to in paragraph (2)(G)) to provide energy assistance to a household shall be considered money payable directly to the household. . (b) Conforming amendments Section 2605(f)(2) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(f)(2) ) is amended— (1) by striking and for purposes of determining any excess shelter expense deduction under section 5(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)) , and (2) in subparagraph (A), by inserting before the semicolon the following: , except that such payments or allowances shall not be deemed to be expended for purposes of determining any excess shelter expense deduction under section 5(e)(6) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6) ) . 4. Repeal of funding for employment and training programs (a) In general Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended— (1) by striking (A) In general .— ; and all that follows through the following components in the matter preceding clause (i) in subparagraph (B) and inserting the following: (A) Definition of employment and training program In this Act, the term employment and training program means a Federal, State, or private program not administered by the Secretary or funded through the Food and Nutrition Service that contains 1 or more of the following components ; (2) by striking clause (viii) in subparagraph (A) (as designated in paragraph (1)) and inserting the following: (viii) As approved by the State, other employment and training programs, educational programs, projects, and experiments, such as a supported work program, aimed at accomplishing the purpose of the employment and training program. ; (3) in subparagraph (E), by striking subparagraph (D) and inserting subparagraph (C) ; (4) by striking subparagraphs (H) through (K); and (5) by redesignating subparagraphs (C) through (G) and (L) and (M) as subparagraphs (B) through (F) and (G) and (H), respectively. (b) Repeal of funding Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended by striking subsection (h). (c) Conforming amendments (1) Section 5(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d) ) is amended— (A) by striking paragraph (14); and (B) by redesignating paragraphs (15) through (19) as paragraphs (14) through (18), respectively. (2) Section 17(b)(1)(B)(iv)(III) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(iv)(III)) is amended— (A) in item (dd), by striking , (4)(F)(i), or (4)(K) and inserting or (4)(E) ; and (B) in item (hh), by striking (g), (h)(2), or (h)(3) of section 16 and inserting or (f) of section 16 . 5. Work Requirement Section 6(o)(4)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(o)(4)(A) ) is amended by striking reside— and all that follows through the end of clause (ii) and inserting reside has an unemployment rate of over 10 percent. . 6. Centralized database for cross-compliance Section 11(o) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(o) ) is amended by adding at the end the following: (6) Centralized database for cross-compliance (A) In general Not later than 1 year after the date of enactment of this paragraph, the Secretary shall develop a centralized database to facilitate cooperation between the Secretary and State agencies so as to ensure that an individual does not enroll to receive benefits in more than 1 State. (B) Use of existing databases To the maximum extent practicable to reduce development and implementation costs, in developing the centralized database the Secretary shall use Federal databases in existence as of the date of enactment of this paragraph. . 7. Quality control (a) In general Section 16(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)) is amended— (1) in paragraph (1)— (A) in subparagraph (D)(i)(II), by inserting except as provided in subparagraph (H), before require ; and (B) by adding at the end the following: (H) States in liability status for a third consecutive fiscal year (i) In general If a liability amount has been established for a State agency under subparagraph (C) for 3 or more consecutive fiscal years, the Secretary shall require the State to pay the entire liability amount for those fiscal years. (ii) Alternatives to full payment not available Subparagraph (D) shall not apply to a State agency described in clause (i). ; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: (9) Penalty for negative error rate (A) Definitions In this paragraph: (i) Affected State agency The term affected State agency means a State agency that maintains, for 2 or more consecutive fiscal years, a negative error rate that is more than 50 percent higher than the national average negative error rate, as determined by the Secretary. (ii) Average negative error rate The term average negative error rate means the product obtained by multiplying— (I) the negative error rate of a State agency; and (II) the proportion of the total negative caseload of that State agency for the fiscal year, as calculated under the quality control sample at the time of the notifications issued under subparagraph (C), as determined by the Secretary. (iii) Negative error rate (I) In general The term negative error rate means, for a State agency, the proportion that— (aa) the total number of actions erroneously taken by the State agency to deny applications or suspend or terminate benefits of a household participating in the supplemental nutrition assistance program established under this Act, as determined by the Secretary, in that fiscal year; bears to (bb) the total number of actions taken by the State agency to deny applications or suspend or terminate benefits of households participating in the supplemental nutrition assistance program established under this Act in that fiscal year. (II) Exclusions The term negative error rate does not include— (aa) an error resulting from the application of regulations promulgated under this Act during the period— (AA) beginning on the date of enactment of this clause; and (BB) ending on the date that is 121 days after the date on which the regulation is implemented; and (bb) an error resulting from— (AA) the use by a State agency of correctly processed information concerning households or individuals received under a Federal program; or (BB) an action that is based on policy information that is approved or disseminated, in writing, by the Secretary or a designee of the Secretary. (B) Penalty amount For fiscal year 2012 and each subsequent fiscal year, the amount of the penalty for an affected State agency shall be equal to 5 percent of the amount otherwise payable under subsection (a). (C) Information reporting by States (i) In general For each fiscal year, each State agency shall expeditiously submit to the Secretary data concerning the operations of the State agency sufficient for the Secretary to establish the negative error rate and penalty amount of the State agency. (ii) Relevant information The Secretary may require a State agency to report any factors necessary to determine the negative error rate of the State agency. (iii) Information not reported If a State agency fails to report information required by the Secretary, the Secretary may use any information, as the Secretary considers appropriate, to establish the negative error rate of the State agency for the applicable year. (iv) National average error rate If a State agency fails to report information required by the Secretary, the Secretary may use the national average negative error rate to establish the negative error rate for the State agency. (D) Announcement of error rates (i) Case review Not later than May 31 of each fiscal year, the case review and all arbitration of State-Federal differences on negative error rates for the previous fiscal year shall be completed. (ii) Determination and announcement Not later than June 30 of each fiscal year, the Secretary shall, for the previous fiscal year— (I) determine— (aa) final negative error rates; (bb) the national average negative error rate; and (cc) penalty amounts; (II) notify affected State agencies of the penalty amounts; (III) provide a copy of the notification under subclause (II) to the chief executive officer and the legislature of the affected State; and (IV) establish a claim against the State agency for the monetary penalty amount assessed against the State agency. (E) Review (i) In general For any fiscal year, if the Secretary imposes a penalty amount against a State agency under subparagraph (D)(ii), the following determinations of the Secretary shall be subject to administrative and judicial review: (I) The final negative error rate of the State agency. (II) A determination of the Secretary that the negative error rate of the State agency exceeds 50 percent of the national average negative error rate. (III) The monetary penalty amount assessed against the State agency. (ii) Determination not reviewable The national average negative error rate under this paragraph shall not be subject to administrative or judicial review. (F) Payment of penalty amount (i) In general On completion of administrative and judicial review under subparagraph (E), an affected State agency shall pay to the Secretary the penalty amount designated under subparagraph (D)(ii), subject to the findings of the administrative or judicial review, not later than September 30 of the fiscal year for which the claim has been issued to the State agency. (ii) Alternative method of collection (I) In general If a State agency fails to make a payment under clause (i) by September 30 of the fiscal year for which the claim has been issued to the State agency, the Secretary may reduce any amount due to the State agency under any other provision of this Act by the amount of the monetary penalty established under subparagraph (D)(ii). (II) Accrual of interest Interest on the amount owed shall not accrue until after September 30 of the applicable fiscal year. . 8. Repeal of incentive payments to States with low SNAP benefit allocation error rates (a) In general Section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended by striking subsection (d). (b) Conforming amendments (1) Section 7(h)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(4) ) is amended by striking 16(g) and inserting 16(f) . (2) Section 11(e)(3) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(3) ) is amended by striking section 16(e) of this Act and inserting section 16(d) . (3) Section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) (as amended by subsection (a) of this section and section 4(b)) is amended— (A) in subsection (a)— (i) by striking subsection (k) and inserting subsection (i) ; and (ii) by striking subsection (g) and inserting subsection (f) ; (B) in subsection (c)— (i) in paragraph (1)(B)(i), by striking subsection (g) and inserting subsection (f) ; and (ii) by striking , or performance under the performance measures under subsection (d) each place it appears in paragraphs (4) and (5); (C) in subsection (i)(1), by striking as defined in subsection (d)(1)) and inserting as defined in guidance issued by the Secretary ; and (D) by redesignating subsections (e) through (g) and (i) through (k) as subsections (d) through (f) and (g) through (i), respectively. (4) Section 22(d)(1)(B)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(d)(1)(B)(ii)) is amended— (A) by striking (g), (h)(2), and (h)(3) and inserting and (f) ; and (B) in the proviso, by striking subsection (g) of section 16 and inserting section 16(f) . (5) Section 23(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2032(a)(1) ) is amended— (A) in subparagraph (C), by striking either section 16(a) or 16(g) and inserting subsection (a) or (f) of section 16 ; and (B) in subparagraph (E), by striking 16(g) and inserting 16(f) . 9. Nutrition education and obesity prevention grant program Section 28 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036a ) is amended by striking subsection (d) and inserting the following: (d) Funding (1) In general Of funds made available each fiscal year under section 18(a)(1), the Secretary shall make available to each State agency to carry out the nutrition education and obesity prevention grant program under this section— (A) for fiscal year 2013, an amount equal to $5 per household in the State enrolled in the supplemental nutrition assistance program; and (B) for fiscal year 2014 and each subsequent fiscal year, the applicable amount during the preceding fiscal year, as adjusted to reflect any increases for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor, per household in the State enrolled in the supplemental nutrition assistance program. (2) Timing of determination At the end of each fiscal year, the Secretary shall determine the total number of households in each State enrolled in the supplemental nutrition assistance program so as to determine appropriate funding levels for the coming fiscal year. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1657ih/xml/BILLS-113hr1657ih.xml

113-hr-1658

I 113th CONGRESS 1st Session H. R. 1658 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Tipton (for himself, Mr. Cole , Mr. Young of Alaska , Mr. Gardner , Ms. DeGette , Mr. Perlmutter , Mr. Coffman , Mr. Ben Ray Luján of New Mexico , Mr. Polis , Ms. McCollum , Mr. Moran , Mrs. Kirkpatrick , Mr. Honda , Mr. Jones , Ms. Moore , Mr. Grijalva , Mr. Hinojosa , Mrs. Negrete McLeod , Mr. Faleomavaega , Mr. Cárdenas , Mr. Rangel , Ms. Sinema , Mr. Pocan , Mr. Ruiz , Mr. Takano , Mr. Lamborn , Mr. Gosar , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on 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 help fulfill the Federal mandate to provide higher educational opportunities for Native American Indians. 1. Short title This Act may be cited as the Native American Indian Education Act . 2. Purpose It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students they admit to an undergraduate college program, including the waiver of tuition charges for Indian students who are not residents of the State in which the college is located. 3. Findings Congress finds the following: (1) Native American-serving nontribal college institutions have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students. (2) Some four-year Native American-serving nontribal college institutions provide tuition-free education, with the support of the State in which they are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for such colleges to a State or college. (3) The value of the Native student tuition waiver benefits contributed by these colleges and the States which support them today far exceeds the value of the original grant of land and facilities. (4) The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Indian students is no longer equitably shared among the States and colleges because it does not distinguish between Indian students who are residents of the State or of another State. (5) Native student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them. 4. State relief from Federal mandate (a) Amount of payment (1) In general Subject to paragraphs (2) and (3), for fiscal year 2014 and each succeeding fiscal year, the Secretary of Education shall pay to any eligible college an amount equal to the charges for tuition for all Indian students who are not residents of the State in which the college is located and who are enrolled in the college for the academic year ending before the beginning of such fiscal year. (2) Eligible colleges For purposes of this section, an eligible college is any four-year Native American-serving nontribal institution of higher education which provides tuition-free education as mandated by Federal statute, with the support of the State in which it is located, to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States. (3) Limitation The amount paid to any college for each fiscal year under paragraph (1) may not exceed the amount equal to the charges for tuition for all Indian students of that college who were not residents of the State in which the college is located and who were enrolled in the college for academic year 2012–2013. (b) Treatment of payment Any amounts received by a college under this section shall be treated as a reimbursement from the State in which the college is located, and shall be considered as provided in fulfillment of any Federal mandate upon the State to admit Indian students free of charge of tuition. (c) Rule of construction Nothing in this Act shall be construed to relieve any State from any mandate it may have under Federal law to reimburse a college for each academic year— (1) with respect to Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition for such students that exceeds the amount received under this section for such academic year; and (2) with respect to Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition for such students for such academic year. (d) Definitions In this section, the term Indian students includes reference to the term Indian pupils as that term has been utilized in Federal statutes imposing a mandate upon any college or State to provide tuition-free education to Native American Indian students in fulfillment of a condition under which it received its original grant of land and facilities from the United States. (e) Funding There are authorized to be appropriated such sums as may be necessary to carry out this section. 5. Offset (a) In general Notwithstanding any other provision of law, of all available unobligated funds, $15,000,000 in appropriated discretionary funds are hereby rescinded. (b) Implementation The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence. (c) Exception This section shall not apply to the unobligated funds of— (1) the Department of the Interior for the postsecondary education of Native American Indian students; (2) the Department of Defense; (3) the Department of Veterans Affairs; or (4) the Department of Education.

https://www.govinfo.gov/content/pkg/BILLS-113hr1658ih/xml/BILLS-113hr1658ih.xml

113-hr-1659

I 113th CONGRESS 1st Session H. R. 1659 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Welch (for himself and Mr. Gardner ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for utilizing energy savings performance contracts and utility energy service contracts. 1. Short title This Act may be cited as the Federal Buildings Energy Savings Act of 2013 . 2. Utilizing energy savings performance contracts and utility energy service contracts (a) Implementation of energy management requirements Section 543(f)(10) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(10) ) is amended— (1) in subparagraph (B)(i), by striking To carry and inserting To the extent consistent with subparagraph (C), to carry ; (2) in subparagraph (B)(ii), by striking A Federal and inserting To the extent consistent with subparagraph (C), a Federal ; and (3) by amending subparagraph (C) to read as follows: (C) Implementation (i) General rule Except as provided in clause (i) or (ii) of this subparagraph, each Federal agency shall implement the requirements under this subsection through private financing described in subparagraph (B)(i)(II). (ii) Exception A Federal agency may implement the requirements under this subsection using appropriated funds described in subparagraph (B)(i)(I) if implementation pursuant to clause (i) of this subparagraph conflicts with the primary mission of the agency or facility, or if greater cost savings can be generated under a different program. A Federal agency shall provide a written justification for any decision to implement such requirements under this clause, including an analysis of the impact of such decision on the taxpayer. (iii) Federal administrative costs A Federal agency may implement the requirements under this subsection using appropriated funds described in subparagraph (B)(i)(I) to the extent necessary to cover Federal administrative costs with respect to implementation pursuant to clause (i) of this subparagraph. . (b) Termination clauses Section 801(b)(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287(b)(2) ) is amended— (1) by striking and at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C)(iv) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (D) require each agency to include in contracts appropriate termination clauses for facilities that will or may close before the end of the term of the contract. . (c) ESPCs for electric vehicles and fueling infrastructure Section 804 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) a measure to support the use of electric vehicles or the fueling or charging infrastructure necessary for electric vehicles. . (d) UESCs for Electric Vehicles and Fueling Infrastructure Section 546 of the National Energy Conservation Policy Act ( 42 U.S.C. 8256 ) is amended in subsection (c)(1) by inserting , including measures taken to finance the acquisition or use of electric-powered vehicles or their fueling infrastructure, after demand .

https://www.govinfo.gov/content/pkg/BILLS-113hr1659ih/xml/BILLS-113hr1659ih.xml

113-hr-1660

I 113th CONGRESS 1st Session H. R. 1660 IN THE HOUSE OF REPRESENTATIVES April 19, 2013 Mr. Cuellar (for himself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require the establishment of Federal customer service standards and to improve the service provided by Federal agencies. 1. Short title This Act may be cited as the Government Customer Service Improvement Act of 2013 . 2. Definitions In this Act: (1) Agency The term agency — (A) means an Executive agency (as defined under section 105 of title 5, United States Code) that provides significant services directly to the public or other entity; and (B) does not include an Executive agency if the President determines that this Act should not apply to the Executive agency for national security reasons. (2) Customer The term customer , with respect to an agency, means any individual or entity that is directly served by an agency. 3. Development of customer service standards (a) Government-Wide standards (1) In general The Director of the Office of Management and Budget shall develop Government-wide standards for customer service delivery, which shall be included in the Federal Government Performance Plan required under section 1115 of title 31, United States Code. (2) Requirements The standards developed under paragraph (1) shall include— (A) Government-wide goals for continuous service improvements and efforts to modernize service delivery; and (B) where appropriate, Government-wide target response times for telephone calls, electronic mail, mail, benefit processing, and payments. (b) Agency standards (1) In general The Chief Performance Officer for each agency shall establish customer service standards in accordance with the Government-wide standards established under subsection (a), which shall be included in the Agency Performance Plans required under section 1115 of title 31, United States Code. (2) Requirements Agency standards established under paragraph (1) shall include, if appropriate— (A) target call wait times during peak and non-peak hours; (B) target response times for correspondence, both by mail and electronic mail; (C) procedures for ensuring all applicable metrics are incorporated into service agreements with nongovernmental individuals and entities; (D) target response times for processing benefits and making payments; and (E) recommendations for effective publication of customer service contact information, including a mailing address, telephone number, and email address. (c) Customer service input The Performance Improvement Officer for each agency shall collect information from customers of the agency regarding the quality of customer service provided by the agency. Each agency shall include the information collected under this subsection in the performance report made available by the agency under section 1116 of title 31, United States Code. (d) Annual performance update The Director of the Office of Management and Budget shall include achievements by agencies in meeting the customer service performance measures and standards developed under subsection (a) in each update on agency performance required under section 1116 of title 31, United States Code. 4. Service improvement unit pilot program (a) Established The Director of the Office of Management and Budget shall establish a pilot program, to be known as the Service Improvement Unit Pilot Program (in this section referred to as the pilot program ), to provide assistance to agencies that do not meet the Government-wide standards established under section 3. (b) Personnel The heads of agencies with expertise in change management, process improvement, and information technology innovation shall detail employees to the Office of Management and Budget to work on the pilot program, based on the expertise and skills required to address service improvement goals. (c) Responsibilities Under the pilot program, the Office of Management and Budget shall work with agencies that are not meeting the customer service standards and performance measures established under section 3 to improve and modernize service delivery to develop solutions, including— (1) evaluating the efforts of the agency to improve service delivery; (2) developing a plan to improve within existing resources and by drawing on expertise and assistance from other agencies (including the Office of Management and Budget) where necessary; (3) monitoring implementation by the agency of the plan developed under paragraph (2) until the customer service standards and performance measures are met; and (4) submitting to the Director of the Office of Management and Budget monthly reports on the progress being made to improve service at the agency until the customer service standards are met. (d) Report Not later than 2 years after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the accomplishments and outcomes of the pilot program and any recommendations relating to achieving the customer service standards and performance measures established under section 3. (e) Support The Administrator of General Services shall provide administrative and other support in order to implement the pilot program under this section. The heads of agencies shall, as appropriate and to the extent permitted by law, provide at the request of the Director of the Office of Management and Budget up to 2 personnel authorizations who have expertise in change management, process improvement, and information technology innovation to support the pilot program. (f) Termination The authority to carry out the pilot program shall terminate 2 years after the date of enactment of this Act. 5. Retirement reporting (a) Definition In this section, the term agency has the meaning given that term in section 551 of title 5, United States Code. (b) Reports (1) In general Except as provided in paragraph (2) and not later than 30 days after the date of enactment of this Act, and every month thereafter, the Director of the Office of Personnel Management shall submit to Congress and the Comptroller General of the United States, and issue publicly (including on the website of the Office of Personnel Management), a report that— (A) for each agency, evaluates the timeliness, completeness, and accuracy of information submitted by the agency relating to employees of the agency who are retiring; and (B) indicates— (i) the total number of applications for retirement benefits, lump sum death benefits, court ordered benefits, phased retirement, and disability retirement that are pending action by the Office of Personnel Management; and (ii) the number of months each such application has been pending. (2) Suspension of reporting requirement Paragraph (1) shall not apply to the Director of the Office of Personnel Management for any month immediately following a 3-year period in which there are no applications described in paragraph (1)(B) that have been pending for more than 60 days. (c) Modernization timeline The Director of the Office of Personnel Management shall establish— (1) a timetable for the completion of each component of the retirement systems modernization project of the Office of Personnel Management, including all data elements required for accurate completion of adjudication; and (2) the date by which all Federal payroll processing entities will electronically transmit all personnel data to the Office of Personnel Management. (d) Budget request The Office of Personnel Management shall include a detailed statement regarding the progress of the Office of Personnel Management in completing the retirement systems modernization project of the Office of Personnel Management and recommendations to Congress regarding the additional resources needed to fully implement the retirement systems modernization project of the Office of Personnel Management in each budget request of the Office of Personnel Management submitted as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. 6. No increase in expenditures No additional funds are authorized to carry out this Act. This Act shall be carried out using amounts otherwise authorized or appropriated.

https://www.govinfo.gov/content/pkg/BILLS-113hr1660ih/xml/BILLS-113hr1660ih.xml

113-hr-1661

I 113th CONGRESS 1st Session H. R. 1661 IN THE HOUSE OF REPRESENTATIVES April 19, 2013 Mr. Israel (for himself and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide comprehensive cancer patient treatment education under the Medicare program and to provide for research to improve cancer symptom management. 1. Short title; table of contents (a) Short title This Act may be cited as the Improving Cancer Treatment Education Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—Comprehensive Cancer Patient Treatment Education Under the Medicare Program Sec. 101. Medicare coverage of comprehensive cancer patient treatment education services. Title II—Research on Cancer Symptom Management Improvement Sec. 201. Sense of Congress. Sec. 202. NIH Research on cancer symptom management improvement. 2. Findings The Congress makes the following findings: (1) Many people with cancer experience side effects, symptoms, and late complications associated with their disease and their treatment, which can have a serious adverse impact on their health, well-being, and quality of life. (2) Many side effects and symptoms associated with cancer and its treatment can be reduced or controlled by the provision of timely symptom management and services and also by educating people with cancer and their caregivers about the potential effects before treatment begins. (3) Studies have found that individualized educational intervention for cancer pain management from a registered nurse was effective for patients with cancer being treated in outpatient and home-based settings. Similarly, the number of caregivers who said they were well informed and confident about caregiving after attending a family caregiver cancer education program increased after program attendance. (4) People with cancer benefit from having an educational session with oncology nurses in advance of the initiation of treatment to learn how to reduce the risk of and manage adverse effects and maximize well-being. Helping patients to manage their side effects reduces adverse events and the need for urgent or inpatient care. (5) The Oncology Nursing Society has received reports from its members that, because the Medicare program and other payers do not cover the provision of patient treatment education, patients and their caregivers often do not receive adequate education before the onset of such patients’ treatment for cancer regarding the course of such treatment and the possible side effects and symptoms such patients may experience. The Oncology Nursing Society recommends that all patients being treated for cancer have a one-on-one educational session with a nurse in advance of the onset of such treatment so that such patients and their caregivers receive the information they need to help minimize adverse events related to such treatment and maximize the well-being of such patients. (6) Insufficient or non-existent Medicare payments coupled with poor investment in symptom management research contribute to the inadequate education of patients, poor management and monitoring of cancer symptoms, and inadequate handling of late effects of cancer and its treatment. (7) People with cancer often do not have the symptoms associated with their disease and the associated treatment managed in a comprehensive or appropriate manner. (8) People with cancer deserve to have access to comprehensive care that includes appropriate treatment and symptom management. (9) Patients who receive infused chemotherapy likely obtain some treatment education during the course of the administration of their treatment; yet, many do not, and individuals who may receive a different type of cancer care, such as radiation or surgical interventions or oral chemotherapy taken at home, likely do not receive treatment education during their treatment. (10) Comprehensive cancer care must include access to services and management associated with nausea, vomiting, fatigue, depression, pain, and other symptoms. (11) The Institute of Medicine report, Ensuring Quality Cancer Care asserts that much can be done to relieve the symptoms, ease distress, provide comfort, and in other ways improve the quality of life of someone with cancer. For a person with cancer, maintenance of quality of life requires, at a minimum, relief from pain and other distressing symptoms, relief from anxiety and depressions, including the fear of pain, and a sense of security that assistance will be readily available if needed. . (12) The Institute of Medicine report, Cancer Care for the Whole Patient: Meeting Psychosocial Health Needs recognizes that cancer patients’ psychosocial needs include information about their therapies and the potential side effects. (13) As more than half of all cancer diagnoses occur among individuals age 65 and older, the challenges of managing cancer symptoms are growing for patients enrolled in the Medicare program. (14) Provision of Medicare payment for comprehensive cancer patient treatment education, coupled with expanded cancer symptom management research, will help improve care and quality of life for people with cancer from the time of diagnosis through survivorship or end of life. I Comprehensive Cancer Patient Treatment Education Under the Medicare Program 101. Medicare coverage of comprehensive cancer patient treatment education services (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (EE); (B) by adding and at the end of subparagraph (FF); and (C) by adding at the end the following new subparagraph: (GG) comprehensive cancer patient treatment education services (as defined in subsection (iii)(1)); ; and (2) by adding at the end the following new subsection: (iii) Comprehensive cancer patient treatment education services (1) The term comprehensive cancer patient treatment education services means— (A) in the case of an individual who is diagnosed with cancer, the provision of a one-hour patient treatment education session delivered by a registered nurse that— (i) is furnished to the individual and the caregiver (or caregivers) of the individual in advance of the onset of treatment and to the extent practicable, is not furnished on the day of diagnosis or on the first day of treatment; (ii) educates the individual and such caregiver (or caregivers) to the greatest extent practicable, about all aspects of the care to be furnished to the individual, informs the individual regarding any potential symptoms, side-effects, or adverse events, and explains ways in which side effects and adverse events can be minimized and health and well-being maximized, and provides guidance regarding those side effects to be reported and to which health care provider the side effects should be reported; (iii) includes the provision, in written form, of information about the course of treatment, any responsibilities of the individual with respect to self-dosing, and ways in which to address symptoms and side-effects; and (iv) is furnished, to the greatest extent practicable, in an oral, written, or electronic form that appropriately takes into account cultural and linguistic needs of the individual in order to make the information comprehensible to the individual and such caregiver (or caregivers); and (B) with respect to an individual for whom a course of cancer treatment or therapy is materially modified, a one-hour patient treatment education session described in subparagraph (A), including updated information on the matters described in such subparagraph should the individual’s oncologic health care professional deem it appropriate and necessary. (2) In establishing standards to carry out paragraph (1), the Secretary shall consult with appropriate organizations representing providers of oncology patient treatment education services and organizations representing people with cancer. . (b) Payment Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended— (1) by striking and before (Z) ; and (2) by inserting before the semicolon at the end the following: , and (AA) with respect to comprehensive cancer patient treatment education services (as defined in section 1861(iii)(1)), 150 percent of the payment rate established under section 1848 for diabetes outpatient self-management training services (as defined in section 1861(qq)), determined and applied without regard to any coinsurance . (c) Coverage Section 1862(a)(1) of such Act ( 42 U.S.C. 1395y(a)(1) ) is amended— (1) in subparagraph (O), by striking and at the end; (2) in subparagraph (P), by striking the semicolon at the end and inserting , and ; and (3) by adding at the end the following new subparagraph: (Q) in the case of comprehensive cancer patient treatment education services (as defined in subsection (iii)(1)) which are performed more frequently than is covered under such section; . (d) No impact on payment for other services Nothing in this section shall be construed to affect or otherwise authorize any reduction or modification, in the Medicare payment amounts otherwise established for chemotherapy infusion or injection codes with respect to the calculation and payment of minutes for chemotherapy teaching or related services. (e) Effective date The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act. II Research on Cancer Symptom Management Improvement 201. Sense of Congress It is the sense of Congress that— (1) many people with cancer experience side effects, symptoms, and late side effects associated with their disease and their treatment, and such effects can have a serious adverse impact on the effectiveness of their treatment, their health, well-being, and quality of life; (2) with the number of cancer survivors continuing to grow, addressing the effects of their symptoms and side effects is becoming increasingly critical in reducing the burden of cancer and its treatments; (3) although research is producing new insights into the causes of and cures for cancer, efforts to manage the symptoms and side effects of the disease and its treatments have not kept pace; and (4) the National Institutes of Health should continue to support research in the area of symptom management and the role that nurses play in providing those interventions. 202. NIH Research on cancer symptom management improvement (a) In general The Director of the National Institutes of Health shall expand, intensify, and coordinate programs for the conduct and support of research with respect to— (1) improving the treatment and management of symptoms and side effects associated with cancer and cancer treatment; and (2) evaluating the role of nursing interventions in the amelioration of such symptoms and side effects. (b) Administration The Director of the National Institutes of Health is encouraged to carry out this section through the Director of the National Cancer Institute, in collaboration with at least the directors of the National Institute of Nursing Research, the National Institute of Neurological Disorders and Stroke, the National Institute of Mental Health, the National Center on Minority Health and Health Disparities, the National Center for Complementary and Alternative Medicine, and the Agency for Healthcare Research and Quality.

https://www.govinfo.gov/content/pkg/BILLS-113hr1661ih/xml/BILLS-113hr1661ih.xml

113-hr-1662

I 113th CONGRESS 1st Session H. R. 1662 IN THE HOUSE OF REPRESENTATIVES April 19, 2013 Mr. Richmond (for himself and Mr. Boustany ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend chapter 171 of title 28, United States Code, and the Federal Flood Control Act of 1928 to provide for liability for the United States Army Corps of Engineers in cases of damage caused by the gross negligence of an officer or employee of the Corps. 1. Short title This Act may be cited as the Army Corps Accountability Act of 2013 . 2. United States Army Corps of Engineers not exempt from liability (a) Liability for gross negligence generally Section 2680(a) of title 28, United States Code, is amended by inserting , except in the case of the United States Army Corps of Engineers, which shall be liable in the case of a claim arising out of damage caused by the gross negligence of an officer or employee of the Corps before the period. (b) Liability for damage from flood waters Section 3 of the Federal Flood Control Act of 1928 ( 33 U.S.C. 702c ) is amended in the second paragraph, by striking : Provided, however, That if and inserting , except in the case of the United States Army Corps of Engineers, which shall be liable under chapter 171 of title 28, United States Code, for any such damage caused by the gross negligence of an officer or employee of the Corps. If . 3. Effective date The amendments made by this Act shall apply in the case of damage that occurred on or after August 29, 2005.

https://www.govinfo.gov/content/pkg/BILLS-113hr1662ih/xml/BILLS-113hr1662ih.xml

113-hr-1663

I 113th CONGRESS 1st Session H. R. 1663 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Issa (for himself and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, to provide for an exception from infringement for certain component parts of motor vehicles. 1. Short title This Act may be cited as the Promoting Automotive Repair, Trade, and Sales Act of 2013 or the PARTS Act . 2. Exception from infringement for certain component parts of motor vehicles Section 271 of title 35, United States Code, is amended by adding at the end the following new subsection: (j) (1) With respect to a design patent that claims a component part of a motor vehicle as originally manufactured— (A) it shall not be an act of infringement of such design patent to make or offer to sell within the United States, or import into the United States, any article of manufacture that is similar or the same in appearance to the component part that is claimed in such design patent if the purpose of such article of manufacture is for the repair of a motor vehicle so as to restore such vehicle to its appearance as originally manufactured; and (B) after the expiration of a period of 30 months beginning on the first day on which any such component part is first offered to the public for sale as part of a motor vehicle in any country, it shall not be an act of infringement of such design patent to use or sell within the United States any article of manufacture that is similar or the same in appearance to the component part that is claimed in such design patent if the purpose of such article of manufacture is for the repair of a motor vehicle so as to restore such vehicle to its appearance as originally manufactured. (2) For purposes of this subsection— (A) the term component part — (i) means a component part of the exterior of a motor vehicle only, such as a hood, fender, tail light, side mirror, or quarter panel; and (ii) does not include an inflatable restraint system or other component part located in the interior of a motor vehicle; (B) the term motor vehicle has the meaning given that term in section 32101(7) of title 49; (C) the term make includes any testing of an article of manufacture; and (D) the term offer to sell includes any marketing of an article of manufacture to prospective purchasers or users and any pre-sale distribution of the article of manufacture. . 3. Conforming amendment Section 289 of title 35, United States Code, is amended— (1) in the first paragraph, by striking Whoever and inserting the following: (a) In general Whoever ; (2) in the second paragraph, by striking Nothing and inserting the following: (c) Relationship to other remedies Nothing ; and (3) by inserting after subsection (a), as designated by paragraph (1), the following: (b) Inapplicability This section shall not apply to an act described in paragraph (1) or (2) of subsection (a) if that act would not be considered an act of infringement under section 271(j) . 4. Effective date The amendments made by this Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act and shall apply to any patent issued, or application for patent filed, before, on, or after that effective date.

https://www.govinfo.gov/content/pkg/BILLS-113hr1663ih/xml/BILLS-113hr1663ih.xml

113-hr-1664

I 113th CONGRESS 1st Session H. R. 1664 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Engel introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 23, United States Code, to reduce injuries and deaths caused by cell phone use and texting while driving, and for other purposes. 1. Short title; table of contents (a) Short Title This Act may be cited as the Distracted Driving Prevention 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. Distracted driving prevention. Sec. 3. Research program. Sec. 4. FCC report on distracted driving technology. 2. Distracted driving prevention (a) In General Chapter 4 of title 23, United States Code, is amended by adding at the end the following: 413. Distracted driving prevention (a) Withholding of funds for States without distracted driving laws (1) Fiscal year 2016 On October 1, 2015, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) for fiscal year 2016 if the State has not enacted or is not enforcing a law that meets the requirements of subsections (b) and (c). (2) Fiscal year 2017 On October 1, 2016, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) for fiscal year 2017 if the State has not enacted or is not enforcing a law that meets the requirements of subsections (b) and (c). (3) Fiscal year 2018 and thereafter On October 1, 2017, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) for the applicable fiscal year if the State has not enacted or is not enforcing a law that meets the requirements of subsections (b) and (c). (b) Prohibition on Texting While Driving A State law meets the requirements of this subsection if the law— (1) prohibits the use of a personal wireless communications device by a driver for texting while driving; (2) makes violation of the law a primary offense; (3) establishes— (A) a minimum fine for a first violation of the law; and (B) increased fines for repeat violations; and (4) provides increased civil and criminal penalties, as compared to those that would otherwise apply, if a vehicle accident is caused by a driver who is using such a device in violation of the law. (c) Prohibition on Handheld Cell Phone Use While Driving A State law meets the requirements of this subsection if the law— (1) prohibits a driver from holding a personal wireless communications device to conduct a telephone call while driving; (2) allows the use of a hands-free device by a driver, other than a driver who has not attained the age of 18 years, for initiating, conducting, or receiving a telephone call; (3) makes violation of the law a primary offense; (4) requires distracted driving issues to be tested as part of the driver’s license examination of the State; (5) establishes— (A) a minimum fine for a first violation of the law; and (B) increased fines for repeat violations; and (6) provides increased civil and criminal penalties, as compared to those that would otherwise apply, if a vehicle accident is caused by a driver who is using a personal wireless communications device in violation of the law. (d) Permitted Exceptions A State law meets the requirements of subsections (b) and (c) without regard to whether the law provides exceptions for— (1) use of a personal wireless communications device by a driver to contact emergency services; (2) manipulation of a personal wireless communications device by a driver to activate, deactivate, or initialize the hands-free functionality of the device; and (3) use of a personal wireless communications device by emergency services personnel while operating an emergency services vehicle and engaged in the performance of the duties of emergency services personnel. (e) Period of availability of withheld funds; effect of compliance and noncompliance (1) Period of availability of withheld funds Any funds withheld under subsection (a) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. (2) Apportionment of withheld funds after compliance If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State enacts and begins enforcement of a law that meets the requirements of subsections (b) and (c), the Secretary shall, on the first day on which the State has enacted and begins enforcement of such a law, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. (3) Period of availability of subsequently apportioned funds Any funds apportioned pursuant to paragraph (2)— (A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and (B) if not apportioned at the end of that period, shall lapse. (4) Effect of noncompliance If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State has not enacted or has not begun enforcement of a law that meets the requirements of subsections (b) and (c), the funds shall lapse. (f) Definitions In this section, the following definitions apply: (1) Driving The term driving means operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light, a stop sign, or another reason. The term does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary. (2) Hands-free device The term hands-free device means a device that allows a driver to use a personal wireless communications device to initiate, conduct, or receive a telephone call without holding the personal wireless communications device. (3) Personal wireless communications device The term personal wireless communications device means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted. The term does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. (4) Primary offense The term primary offense means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense. (5) Public road The term public road has the meaning given that term in section 402(c). (6) Texting The term texting means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, e-mailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication. . (b) Clerical Amendment The analysis for chapter 4 of title 23, United States Code, is amended by adding at the end the following: 413. Distracted driving prevention. . 3. Research program (a) In General Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a research program to study distracted driving by passenger and commercial vehicle drivers. (b) Scope The program shall include studies of— (1) driver behavior; (2) vehicle technology; and (3) portable electronic devices that are commonly brought into passenger or commercial vehicles. (c) Research Agreements (1) In general In carrying out this section the Secretary may grant research contracts to non-governmental entities to study distracted driving. (2) Limitations The Secretary may not grant a research contract under this section to any person that produces or sells— (A) electronic equipment that is used in vehicles; (B) portable electronic equipment commonly brought into passenger or commercial vehicles; or (C) passenger or commercial vehicles. (d) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the research program under this section. 4. FCC report on distracted driving technology Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that identifies— (1) data the Commission can collect and analyze that will assist in understanding and reducing the problem of distracted driving involving the use of personal wireless communications devices; (2) existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving; and (3) existing authority that the Commission may use to assist in reducing those problems.

https://www.govinfo.gov/content/pkg/BILLS-113hr1664ih/xml/BILLS-113hr1664ih.xml

113-hr-1665

I 113th CONGRESS 1st Session H. R. 1665 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Engel introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to withhold highway funds from States that do not have in effect laws requiring the use of ignition interlock devices to prevent repeat intoxicated driving, and for other purposes. 1. Short title This Act may be cited as the Drunk Driving Repeat Offender Prevention Act of 2013 . 2. Use of ignition interlock devices to prevent repeat intoxicated driving (a) In general Chapter 1 of title 23, United States Code, is amended by inserting after section 159 the following: 160. Use of ignition interlock devices to prevent repeat intoxicated driving (a) Definitions In this section: (1) Alcohol concentration The term alcohol concentration means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (2) Driving while intoxicated; driving under the influence The terms driving while intoxicated and driving under the influence mean driving or being in actual physical control of a motor vehicle in a State while having a blood alcohol concentration of 0.08 percent or greater. (3) Ignition interlock device The term ignition interlock device means an in-vehicle device that requires a driver to provide a breath sample prior to the motor vehicle starting, and that prevents a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. (4) Motor vehicle (A) In general The term motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. (B) Exclusions The term motor vehicle does not include— (i) a vehicle operated solely on a rail line; or (ii) a commercial vehicle. (b) Laws requiring ignition interlock devices (1) In general Subject to paragraph (2), a State meets the requirements of this subsection if the State has enacted and is enforcing a law that requires throughout the State the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual who is convicted of driving while intoxicated or driving under the influence. (2) Exception The 180-day period referred to in paragraph (1) for the installation of an ignition interlock device may be reduced to period of not fewer than 90 days, if— (A) the driver’s licence of the individual is suspended for a minimum of 180 days as a result of the conviction; and (B) the period for the installation of an ignition interlock device begins after the last day of the suspension. (c) Withholding of funds for noncompliance (1) Fiscal year 2016 On October 1, 2015, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). (2) Fiscal year 2017 On October 1, 2016, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). (3) Fiscal year 2018 and thereafter On October 1, 2017, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). (d) Period of availability of withheld funds; effect of compliance and noncompliance (1) Period of availability of withheld funds Any funds withheld under subsection (c) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. (2) Apportionment of withheld funds after compliance If, before the last day of the period for which funds withheld under subsection (c) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (c) that remain available for apportionment to the State. (3) Period of availability of subsequently apportioned funds Any funds apportioned pursuant to paragraph (2)— (A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and (B) if not apportioned at the end of that period, shall lapse. (4) Effect of noncompliance If, at the end of the period for which funds withheld under subsection (c) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse. . (b) Conforming amendment The analysis for such chapter is amended by inserting after the item relating to section 159 the following: Sec. 160. Use of ignition interlock devices to prevent repeat intoxicated driving. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1665ih/xml/BILLS-113hr1665ih.xml

113-hr-1666

I 113th CONGRESS 1st Session H. R. 1666 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Cleaver (for himself and Mr. Bachus ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To create a patient-centered quality of care initiative for seriously ill patients through the establishment of a stakeholder strategic summit, quality of life education and awareness initiative, health care workforce training, an advisory committee, and palliative care focused research, and for other purposes. 1. Short title This Act may be cited as the Patient Centered Quality Care for Life Act . 2. Findings Congress finds the following: (1) Studies demonstrate that, despite very high health expenditures, seriously ill patients are not satisfied with the quality of their medical care, characterized by untreated symptoms, unmet psychosocial and personal care needs, high caregiver burden, and low patient and family satisfaction. (2) Health care delivery systems in the United States are not set up to address the complex chronic care needs that are increasingly becoming the norm for more patients and survivors (and family caregivers of such patients and survivors) facing serious illness like cancer; heart, renal and liver failure; lung disease; Alzheimer’s disease and related dementias, which are care needs that can span over many years or even decades and impose significant burdens on family caregivers. (3) Public outreach and education for seriously ill patients, survivors, and their families to improve awareness of and demand for the benefits of integrating symptom management alongside disease-directed treatment is essential to improving the quality of life of patients, survivors, and their families, which should be an integral element of quality health care. (4) Palliative care is specialized medical care for seriously ill patients. This type of care is focused on providing patients with relief from the symptoms, pain, and stresses of a serious illness—whatever the diagnosis. The goal is to improve quality of life for both the patient and the family. Palliative care is provided by a team of doctors, nurses, and other specialists who work with a patient’s other doctors to provide an extra layer of support. Palliative care is appropriate at any age and at any stage in a serious illness, and can be provided together with curative treatment. (5) Medical teams that help patients manage pain and stress during, alongside, and after treatment provide patients with better quality of life. Evidence-based research shows that such care may also lead to increased survival. These teams also reduce preventable suffering and caregiver breakdown. (6) Patients receiving palliative or coordinated care feel better and are more likely to keep their doctor’s appointments, complete their treatment, and take their medications. If patient disease-related and treatment-related symptoms such as pain, nausea, depression, fatigue, and breathlessness are managed, patients are more likely to eat well, exercise, socialize, and take pleasure in things that can help them feel better emotionally and physically and help them fight chronic illness. (7) A 2010 Harris Interactive poll commissioned by the American Cancer Society Cancer Action Network (ACSCAN) among cancer patients, survivors, and their family caregivers found that fewer than one-third of the patients and survivors were asked by their doctor about what is important to such patients and survivors in terms of quality of life. In that same poll, fewer than one-third of the patients and survivors were asked if they were having stress, depression, anxiety, or other emotional concerns related to the cancer or discussed ways to help with those emotional effects, though more than one-third of such patients and survivors said they had these emotional concerns. (8) A report commissioned by the Health Resources Service Administration (HRSA) in 2002 projected significant shortfalls in the number of palliative medicine specialists in the United States and called for increased education and training in symptom assessment and management and other palliative care core competencies across all clinical specialties serving seriously ill patients. Several Institute of Medicine cancer reports, including on palliative care in 2001, survivorship in 2006, psychosocial care in 2007, and pain in 2011 have also consistently signaled the need for skills training to improve health professional communication with patients and families regarding symptoms, establishing goals of care, tailoring treatments to those goals, and other quality of life concerns. 3. National patient-centered health care and quality of life stakeholder strategic summit (a) Summit Not later than one year after the date of the enactment of this section, the Secretary of Health and Human Services shall convene a Patient-Centered Health Care and Quality of Life Stakeholder Strategic Summit (in this Act to be referred to as the Summit ) to be composed of individuals with appropriate expertise to— (1) analyze key health system barriers to providing patient-centered health care that integrates symptom management and other aspects of coordinated or palliative care; and (2) identify strategic solutions for collectively addressing quality of life concerns for the rapidly expanding population of patients and survivors facing serious, complex, and chronic illness in the United States and for the families of such patients and survivors. (b) Participants The Summit shall include representatives from at least the following: (1) Federal agencies, including— (A) the Department of Health and Human Services, including from the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, the Centers for Medicare & Medicaid Services, and the National Institutes of Health; (B) the Department of Veterans Affairs; and (C) the Department of Defense. (2) Private organizations, including— (A) health professional organizations that represent physicians, nurses, pharmacists, and social workers; (B) patient non-profit organizations (as defined in section 4(g)); (C) private health insurance organizations; (D) faith community representatives; and (E) other professionals as deemed appropriate by the Secretary. (c) Steering Committee (1) In general The Secretary shall establish a Summit Steering Committee to plan the Summit, coordinate participants of the Summit, develop an agenda for the Summit that is in accordance with subsection (d), and draft a summary report detailing recommendations made by the participants of the Summit for a national strategic action agenda to improve patient-centered care and quality of life (in this Act to be referred to as the National Action Agenda ) in accordance with subsection (d)(4). The Secretary shall appoint the representatives described in paragraph (2)(A) and shall seek nominations from relevant stakeholders and, from such nominations, appoint representatives described in paragraph (2)(B). (2) Composition The Summit Steering Committee shall consist of at least the following members: (A) Members from Federal agencies (i) The Secretary, who will serve as chair of the Committee. (ii) Four representatives from Federal agencies described in subsection (b) (or any other Federal agency deemed appropriate by the Secretary), to be appointed by the Secretary. (B) Members representing stakeholder entities (i) Six representatives of health professionals (with each of such 6 representatives having research, clinical, and teaching or mentoring expertise); (ii) Three representatives of patient advocacy organizations. (iii) One representative of a private health insurance organization. (iv) One representative of faith communities. (v) Two physicians. (vi) Two nurses. (vii) One social worker. (d) Agenda The agenda for the Summit shall focus on specific areas that include at least the following: (1) Improving communication and coordination of health care among primary care providers, medical specialists, and other health professionals and seriously ill patients and families of such patients to ensure that symptoms are managed and other quality of life needs are met to support the continued functioning and well-being of such patients. (2) Examining the appropriate roles of both physician and non-physician professionals (such as nurse practitioners, clinical social workers, physician assistants, and other patient or survivor navigators or case coordinators) in strengthening access to integrated, coordinated, or palliative care across care settings for all seriously ill patients and families of such patients. (3) Examining the role of health information technology in promoting delivery of integrated care to such patients. (4) Developing recommendations for a National Action Agenda, which shall specify research, surveillance, health information technology, workforce training, delivery of care, and communication activities required to collectively address barriers to achieving integrated palliative care for seriously ill patients in all care settings. Such agenda shall include strategies for reducing disparities among medically underserved populations. (e) Report Not later than one year after the last day of the Summit, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the recommendations made by the participants of the Summit and shall make such recommendations available to the public. (f) Seriously ill patient defined For purposes of this Act, the term seriously ill patient means an individual who has a serious health condition (as defined in section 101(11) of the Family and Medical Leave Act of 1993 ( 26 U.S.C. 2911(11) ). (g) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary for each of the fiscal years 2014 through 2018. 4. Quality of life patient and professional awareness grants program initiative Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following new part: W Programs Relating to Palliative Care 399OO. Quality of life patient and professional awareness grants program initiative (a) In general Not later than 6 months after the date of the submission of the report by the Patient-Centered Health Care and Quality of Life Stakeholder Strategic Summit under section 3(e) of the Patient Centered Quality Care for Life Act , the Secretary, through the Director of the Centers for Disease Control and Prevention, shall establish a national quality of life education and awareness grants program initiative for seriously ill patients, families of such patients, and health professionals who treat such patients for the purposes of encouraging an increased demand for and delivery of integrated and patient-centered care for managing pain and symptoms of such patients and improving the quality of life of such patients. Under the initiative, the Secretary shall, subject to subsection (h), award competitive grants to eligible entities described in subsection (b) to develop new and expand existing information, resources, and communication materials about symptom management and other aspects of patient-centered care as an integral part of quality care for serious illnesses such as cancer; heart, renal and liver failure; lung disease; and Alzheimer’s disease and related dementias. Such materials shall be presented in a variety of formats (such as online, print, and public service announcement). (b) Eligible entities For purposes of this section, an eligible entity includes only a State health department, community health center, State or territory program supported by the National Comprehensive Cancer Control Program of the Centers for Disease Control and Prevention, health profession school, chronic disease or cancer center, academic medical center, physician practice, home health care agency, palliative care or psychosocial care team (as defined in subsection (g)), hospice program, patient non-profit organization (as defined in subsection (g)), clinical pastoral education program, long-term care facility, faith community organization, or other public or private entity or organization addressing patient-centered care and quality of life concerns of seriously ill patients. (c) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Director may require, including assurances that the entity will— (1) evaluate programs carried out by the entity through a grant provided under this section; (2) submit to the Secretary a report on the findings of such evaluations; and (3) coordinate the dissemination of such findings with the Secretary. (d) Use of funds An entity awarded a grant under this section shall use such grant to carry out programs described in subsection (e), for patients and families of such patients that further the purposes described in subsection (a). (e) Programs Programs described in this subsection, for which a grant awarded under this section may be used, include programs to— (1) navigate the health system, including assistance to patients with finding health professionals to support quality of life needs, care decision-making and coordination, and transitions across care settings; (2) provide general advocacy on behalf of patients and survivors to provide patients information to help them effectively communicate with health care providers about pain, physical and psychosocial symptoms, and barriers they are facing in adhering to curative or disease-directed treatments; (3) encourage health professionals to request coordinated patient-centered care consults for patients that are integrated alongside disease directed treatment in various care settings; and (4) collect and analyze data related to the effectiveness of the initiative under subsection (a). (f) Priority In carrying out the grant program under this section, the Secretary shall give priority to applications that include an emphasis on addressing outreach efforts for seriously ill patients who are among medically underserved populations (as defined in section 1302(7)) and families of such patients or health professionals serving medically underserved populations. Such populations would include pediatric patients, young adult and adolescent patients, racial and ethnic minority populations, and other priority populations specified by the Secretary. (g) Definitions For purposes of this section: (1) Psychosocial care team The term psychosocial care team means health professionals focused on addressing social and emotional concerns of serious illness, and may include professionals such as social workers, psychiatrists, psychologists, nurses, child life specialists, teachers, chaplains, spiritual counselors, physical and occupational therapists, nutritionists, integrative medicine specialists, patient service coordinators, patient navigators, and patient representatives. (2) Patient non-profit organization The term patient non-profit organization means a nonprofit entity primarily engaged in raising funds for health-related research, such as disease prevention, health education, and patient services. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary. . 5. Professional workforce training grants program initiative Part W of title III of the Public Health Service Act, as added by section 4, is amended by adding at the end the following new section: 399OO–1. Professional workforce training grants program initiative (a) Initiative (1) In general Not later than 6 months after the date of the submission of the report by the Patient-Centered Health Care and Quality of Life Stakeholder Strategic Summit under section 3(e) of the Patient Centered Quality Care for Life Act, the Secretary, through the Administrator of the Health Resources and Services Administration, shall establish a health care professional workforce training grants program initiative for the purposes of promoting and enhancing symptom assessment and management, communications skills, coordinated patient-centered care, and other quality of life focused clinical core competencies (as described in paragraph (2)) across all clinical specialties that serve seriously ill patients and patients with multiple or complex chronic diseases, such as patients with cancer; heart, renal, and liver failure; lung disease; and Alzheimer’s disease and related dementias. Under such initiative, the Secretary shall, subject to subsection (i), award competitive grants to eligible entities to provide evidence-based training and develop new training for health professionals, including physicians, nurses, social workers, and professional chaplains for the purposes described in the previous sentence. (2) Quality of life focused clinical core competencies described For purposes of paragraph (1), quality of life focused clinical core competencies include, at a minimum, the assessment and management of physical, psychological, and spiritual symptoms; establishment of patient-centered goals of care; support to patient and family caregivers; and management of transitions across care sites. (b) Eligible entities For purposes of subsection (a), an eligible entity is an entity described in section 399OO(b). (c) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including assurances that the entity will— (1) evaluate programs carried out by the entity through the grant provided under this section; (2) submit to the Secretary a report on the findings of such evaluations; and (3) coordinate the dissemination of such findings with the Secretary. (d) Use of funds An entity awarded a grant under this section shall use such grant to carry out programs described in subsection (e) to train health care professionals described in subsection (a)(1) for the purposes described in such subsection. (e) Programs Programs described in this subsection, for which a grant awarded under this section may be used, include programs to— (1) enhance health professional communication skills in caring for seriously ill patients and survivors, establishing goals of care, and tailoring treatments; (2) improve health profession identification of patient populations that benefit from coordinated palliative care and appropriate referral of patients for consultations with specialized interdisciplinary palliative care teams; (3) improve health professional skills in symptoms assessment and management, developing comprehensive care coordination and discharge plans to support transitions across care settings, managing patients with complex or multiple chronic conditions, and preparing survivorship care plans; (4) promote quality of life focused clinical core competencies (as described in subsection (a)(2)) across all clinical specialties serving seriously ill patients; (5) provide technical assistance to hospitals and other care settings to establish coordinated palliative care teams; (6) create and expand coordinated palliative care leadership centers (as defined in subsection (h)); (7) provide mentoring and training to health professionals; (8) improve cultural sensitivity communication and patient care for minority and medically underserved populations, including by addressing the particular needs of children, adolescents, and families of such children and adolescents; racial and ethnic groups; and other medically underserved patient and survivor populations; and (9) collect and analyze data related to the effectiveness of health professional education and training efforts carried out pursuant to this section. (f) Priority In carrying out the grant program under this section, the Secretary shall give priority to applications that include an emphasis on addressing outreach efforts for seriously ill patients who are among medically underserved populations (as defined in section 1302(7)) and families of such patients or health professionals serving medically underserved populations. Such populations would include pediatric patients, young adult and adolescent patients, racial and ethnic minority populations, and other priority populations specified by the Secretary. (g) Study Not later than one year after the date of the enactment of the Patient Centered Quality Care for Life Act , the Secretary shall update and expand the September 2002 report of the Health Resources and Services Administration, titled The Supply, Demand and Use of Palliative Care Physicians in the United States . Such update and expansion shall be based on an examination of workforce trends, workforce capacity, and training needs for palliative medicine physicians, physician assistants, nurse practitioners, and other palliative care team members in all care settings in the United States, as well as training needs for other medical specialists and non-physician clinicians. (h) Palliative care leadership center defined For purposes of this section, the term palliative care leadership center means a center— (1) that trains hospital palliative care programs; (2) that provides intensive operational training and mentoring for palliative care programs at every stage of development and growth; and (3) that provides training oriented to teams rather than individuals, and involves participation by teams of hospital and hospice health care professionals involved in starting or running a palliative care program, including physicians, nurses, social workers, administrators and financial managers. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary for each of the fiscal years 2014 through 2019. . 6. Quality of life cross-agency advisory committee Part W of title III of the Public Health Service Act, as added by section 4 and amended by section 5, is further amended by adding at the end the following new section: 399OO–2. Quality of life cross-agency advisory committee (a) Establishment Not later than 90 days after the date of the enactment of this section and subject to subsection (e), the Secretary shall establish a Quality of Life Cross-Agency Advisory Committee (in this section to be referred to as the Advisory Committee ) to advise, coordinate, and assist the Centers for Disease Control and Prevention and the Health Resources and Services Administration in creating and conducting the national quality of life education and awareness initiative under section 399OO and the health care professional workforce training initiative under section 399OO–1 and disseminate findings that have been identified from such initiatives for cross agency implementation of best practices. (b) Membership The Advisory Committee shall be composed of members who shall be appointed by the Secretary and shall include representatives of— (1) the Department of Health and Human Services, including from the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, the Centers for Medicare & Medicaid Services, and the National Institutes of Health; (2) the Department of Veterans Affairs; (3) the Department of Defense; (4) public and private organizations with expertise in patient-centered care, palliative care, psychosocial care, and symptom management and survivorship; and (5) such other representatives as the Secretary deems necessary. (c) Duties The Advisory Committee shall— (1) evaluate the results of the programs funded by the grants awarded under section 399OO(b) and under section 399OO–1(b); (2) coordinate and implement a cross-agency strategic plan, with respect to the agencies specified in subsection (b), to disseminate findings from such programs; (3) advise the Secretary of Health and Human Services on strategies for disseminating across agencies specified in subsection (b) recommendations from the National Action Agenda described in section 3(c)(1) of the Patient Centered Quality Care for Life Act ; (4) consider and summarize recent advances achieved in symptom management and survivorship research relevant to the goals of this part and make recommendations to the Director of the National Institutes of Health on gaps in basic, clinical, behavioral, or other research required to achieve further improvements in care to support quality of life and survivorship; (5) develop a strategy for developing new and enhancing health surveillance tools used to track symptoms, late effects, and quality care trends over time, including national surveys of the overall population of the United States, such as the National Health Interview Survey and the Behavioral Risk Factor Surveillance System conducted by the Centers for Disease Control and Prevention and the Health Information National Trends Survey conducted by the National Institutes of Health, as well as administrative databases and disease registries such as databases of the Centers for Medicare & Medicaid Services, the Surveillance Epidemiology and End Results (SEER) cancer registries program of the National Cancer Institute, the SEER–Medicare Linked Database of the National Cancer Institute, and the National Program of Cancer Registries of the Centers for Disease Control and Prevention; and (6) make appropriate updates and addendums annually to the National Action Agenda. (d) Meetings The Advisory Committee shall meet at least once a year. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary for each of the fiscal years 2014 through 2019. . 7. Enhancing research in support of patient quality of life (a) In general Part W of title III of the Public Health Service Act, as added by section 4 and amended by sections 5 and 6, is further amended by adding at the end the following new section: 399OO–3. Enhancing research in support of patient quality of life (a) In general The Secretary, acting through the Director of the National Institutes of Health, shall develop and implement a strategy to be applied across the institutes and centers of the National Institutes of Health that is in accordance with recommendations of the Advisory Committee established under section 399OO–2 to expand national research programs in symptom management, palliative, psychosocial, and survivorship care. (b) Research programs The Director of the National Institutes of Health shall expand and intensify research programs in symptom management and palliative, psychosocial, and survivorship care and research programs that address the quality of life needs for the rapidly growing population in the United States of seriously ill patient (with illnesses such as cancer; heart, renal and live failure; lung disease; and Alzheimer’s disease and related dementias). . (b) Expanding Trans-NIH research reporting to include quality of life and survivorship research (1) In general Section 402A(c)(2)(B)(i) of the Public Health Service Act ( 42 U.S.C. 282a(c)(2)(B)(i) ) is amended by inserting and for conducting or supporting research with respect to quality of life and survivorship after or national centers . (2) Effective date The amendment made by paragraph (1) shall apply with respect to reports required on or after January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr1666ih/xml/BILLS-113hr1666ih.xml

113-hr-1667

I 113th CONGRESS 1st Session H. R. 1667 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Young of Alaska (for himself, Mr. Thompson of California , and Mr. Huffman ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prevent the escapement of genetically altered salmon in the United States, and for other purposes. 1. Short title This Act may be cited as the Prevention of Escapement of Genetically Altered Salmon in the United States Act . 2. Prohibition on sale of genetically altered salmon (a) Prohibition It shall be unlawful for a person— (1) to ship, transport, offer for sale, sell, or purchase a covered fish, or a product containing covered fish, in interstate or foreign commerce; (2) to have custody, control, or possession of, with the intent to ship, transport, offer for sale, sell, or purchase a covered fish, or a product containing covered fish, in interstate commerce; (3) to engage in net-pen aquaculture of covered fish; (4) to release a covered fish into a natural environment; or (5) to have custody, control, or possession of a covered fish with the intent to release it into a natural environment. (b) Exception Subsection (a) shall not apply to a fish, fish part, or product— (1) under confined use, or intended for confined use, for scientific research; (2) collected for the purpose of enforcing this Act; or (3) if the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Director of the United States Fish and Wildlife Service and any other Federal, State, or tribal entity the Under Secretary considers appropriate, reviews any application requesting an action by a department or agency of the Federal government to permit an act prohibited under subsection (a), including any environmental assessment prepared as part of that application, and— (A) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (B) finds the application to be consistent with an environmental impact statement prepared by the Under Secretary in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) that includes— (i) an environmental risk analysis that assesses the potential direct and indirect impacts from escapement of covered fish on wild and cultured fish stocks and environments that may be exposed to such covered fish; (ii) a failure mode and effects analysis that quantitatively assesses the best- and worst-case probabilities of failure of each applicable confinement technique; (iii) an assessment of the costs of control or eradication of escaped covered fish; and (iv) an assessment of the potential economic damage in terms of loss of production or sales to relevant wild and cultured fish stocks and environments from the escapement of covered fish. (c) Environmental impact considerations (1) Notice Each agency, department, or other unit of the Federal Government shall promptly notify the Under Secretary of Commerce for Oceans and Atmosphere when an action involving covered fish, or a product containing covered fish is first identified by such unit. (2) Ensuring compliance The Under Secretary of Commerce for Oceans and Atmosphere, in cooperation with each Federal, State, or tribal entity that the Under Secretary considers appropriate, may monitor any mitigation measures proposed under subsection (b)(3) to ensure implementation and compliance therewith. (3) Provisions as complementary The provisions of this Act are in addition to, and shall not affect the operation of, other Federal, State, or local laws regulating a covered fish, or a product containing covered fish. (d) Rules and regulations The Secretary shall prescribe such rules and regulations as the Secretary considers necessary to carry out the provisions of this Act. 3. Enforcement and penalties (a) Enforcement The Secretary of Commerce may enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties provided under sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861). (b) Penalties A person who violates section 2 shall be subject to the penalties, and entitled to the privileges and immunities, under sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 , 1859, 1860, and 1861). 4. Report on risks to wild fish stocks Not later than 180 days after the date of enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives the report under section 1007 of the Food and Drug Administration Amendments Act of 2007 ( 21 U.S.C. 2106 ). 5. Definitions In this Act: (1) Confined use The term confined use means any operation, undertaken within a secured, land-based facility, that involves a covered fish controlled by specific measures that effectively prevent the covered fish from having contact with and impact on the external environment, including biological and physical confinement measures. (2) Covered fish The term covered fish means any finfish, live or dead, including the gametes, fertilized eggs, offspring, and descendants thereof, that is modified or produced through the application of recombinant deoxyribonucleic acid (DNA) technologies, using DNA from an organism’s own genome or that of another species, that overcome natural physiological reproductive barriers and that are not techniques used in traditional breeding and selection. (3) Finding of no significant impact The term finding of no significant impact has the meaning given the term in section 1508.13 of title 40, Code of Federal Regulations. (4) Product The term product means an item manufactured or produced for sale or use as food.

https://www.govinfo.gov/content/pkg/BILLS-113hr1667ih/xml/BILLS-113hr1667ih.xml

113-hr-1668

I 113th CONGRESS 1st Session H. R. 1668 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Ms. Velázquez (for herself, Mr. Rangel , Mr. Serrano , and Mr. Jeffries ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committees on Appropriations 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 increase the number of tenant-based rental assistance vouchers made available for low-income families displaced by Hurricane Sandy. 1. Short title This Act may be cited as the Safely Sheltering Disaster Victims Act of 2013 . 2. Transfer of amounts to provide tenant-based rental assistance for low-income families displaced by Hurricane Sandy (a) Transfer Of the amounts made available for Department of Housing and Urban Development—Community Planning and Development—Community Development Fund in title VIII of the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113–2 ; 127 Stat. 15), $50,000,000, to remain available until expended, is hereby transferred to Department of Housing and Urban Development—Public and Indian Housing—Tenant-Based Rental Assistance for an additional amount for the activities and assistance provided in this section. (b) Use for disaster assistance The amounts transferred by subsection (a) shall be used only for activities and assistance for the provision of tenant-based rental assistance, including related administrative expenses, authorized under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ) to areas impacted by Hurricane Sandy, subject to the following requirements: (1) Expedited availability The amounts transferred by subsection (a) shall be made available for such tenant-based rental assistance not later than the expiration of the 60-day period that begins on the date of the enactment of this Act. (2) Waiver of PHA project-based limitation In carrying out the activities authorized under this heading, the Secretary shall waive section 8(o)(13)(B) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(13)(B) ). (3) Local admissions preference Amounts transferred by subsection (a) may be provided only to public housing agencies that agree to provide a preference, pursuant to section 8(o)(6)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(6)(A)), for making tenant-based assistance under such section 8(o) available to eligible families displaced by Hurricane Sandy. (4) Eligible families Amounts transferred by subsection (a) may be used only for tenant-based rental assistance for families that are otherwise eligible for such assistance under the terms of the program for such assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)). (5) Continuation of assistance An eligible family that is provided tenant-based rental assistance with amounts transferred by subsection (a) may continue to receive such assistance after the transferred amounts are no longer available for such assistance, subject to the eligibility of such family and the availability of amounts for such assistance made available in appropriation Acts. (c) Emergency designation Amounts transferred under subsection (a) shall retain their designation as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

https://www.govinfo.gov/content/pkg/BILLS-113hr1668ih/xml/BILLS-113hr1668ih.xml

113-hr-1669

I 113th CONGRESS 1st Session H. R. 1669 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Ms. Velázquez (for herself, Mr. Rangel , Mr. Serrano , and Mr. Jeffries ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require large public housing agencies to develop disaster response and relief plans to guide and prepare staff and residents of such agencies, the local community, and Federal, State, and local governments for disasters affecting public housing projects. 1. Short title This Act may be cited as the Public Housing Disaster Preparedness Act of 2013 . 2. Disaster Response and Relief Plan The United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ) is amended by adding at the end the following new title: V Disaster Preparedness 501. Definitions In this title: (1) Covered public housing agency The term covered public housing agency means a public housing agency that owns, operates, or assists no less than 500 dwelling units in public housing projects. (2) Disaster The term disaster has the same meaning given the term major disaster in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) and includes any natural catastrophe (including any hurricane, tornado, storm, high water, wind driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, which in the determination of a relevant State or local official causes damage of sufficient severity and magnitude to warrant disaster assistance in alleviating the damage, loss, hardship, or suffering caused thereby. (3) Secretary The term Secretary means the Secretary of Housing and Urban Development. 502. Requirement of disaster response and relief plan (a) In general The Secretary shall require each covered public housing agency to develop a disaster response and relief plan in accordance with the provisions of this title to provide— (1) guidance for— (A) public housing agencies and staff; (B) residents of dwelling units in public housing; (C) relevant Federal, State, and local agencies and officials; and (D) community-based organizations; and (2) comprehensive information regarding pre-disaster, disaster impact, and post-disaster policies, standards, procedures, and protocols. (b) Submission with annual and 5-year plans A disaster response and relief plan developed under this title shall be included in the annual and 5-year plans required to be submitted under section 5A of this Act. (c) HUD approval (1) In general A disaster response and relief plan developed under this title shall be submitted to the Secretary for approval before implementation of such plan. (2) Response The Secretary shall have 60 days to respond to each submission made pursuant to paragraph (1). (d) Feedback A covered public housing agency shall seek input from resident or tenant associations and advocacy groups during the development of the disaster relief plan described in subsection (a). (e) Rule of construction Nothing in this title prohibits a covered public housing agency from developing and submitting to the Secretary multiple plans tailored to address specific disasters. 503. Establishing communication and support (a) In general A covered public housing agency shall include in the disaster response and relief plan developed under this title protocols for receiving, analyzing, and disseminating information regarding disasters before, during, and after such disaster. (b) Coordination and dissemination of information A covered public housing agency shall— (1) provide structure and organization within such agency by establishing a clearly defined chain of command with set responsibilities for each individual or group of individuals involved; and (2) identify 1 or more individuals or groups of individuals at each agency and each building that is owned, operated, or assisted by each agency that are responsible for— (A) coordinating disaster relief efforts; and (B) disseminating information regarding emergency protocols under the disaster response and relief plan developed under this title to each resident of a dwelling unit in public housing owned, operated, or assisted by such agency and other stakeholder groups, including community-based organizations that may provide assistance to such resident following a disaster. 504. Resident preparedness (a) In general A covered public housing agency shall disseminate information about the emergency protocols established under the disaster response and relief plan developed under this title to each resident of a dwelling unit in public housing owned, operated, or assisted by such agency— (1) prior to such resident moving into their dwelling unit; (2) annually; and (3) if possible, prior to an impending disaster. (b) Information Such information disseminated under subsection (a) shall include— (1) information on how to prepare for a disaster; (2) if necessary, mandatory evacuation protocols; (3) a list of covered public housing agency and resident rights and responsibilities, as applicable under Federal, State, and local law and regulations, and covered public housing agency rules and emergency protocols before, during, and after a disaster as they relate to— (A) disaster preparedness; (B) evacuations; (C) disaster relief; (D) basic human needs assistance; (E) utility restoration; (F) resident relocation; (G) supportive services; (H) payment of rent and eligible rent exemptions; and (I) assessing and repairing physical damage to public housing buildings; and (4) any other items that the Secretary may require through regulations prescribed pursuant to this title. (c) Method of dissemination The information described under subsection (b)— (1) shall be disseminated by— (A) giving notices and flyers to each resident of a dwelling unit in public housing and posted in high-traffic areas; (B) having an automated system to contact residents; (C) posting on the official Web site of the covered public housing agency with links to the appropriate Web pages regarding the impending disaster; and (D) any other means the Secretary may require through regulations prescribed pursuant to this title; and (2) may be disseminated by— (A) visiting door-to-door to each dwelling unit and providing such information to each resident; (B) phone trees; and (C) toll-free numbers for residents to call. (d) Accessibility of information The information described under this section shall be accessible to individuals with limited English proficiency. (e) Inclusion of residents A covered public housing agency is strongly encouraged to include residents of public housing owned, operated, or assisted by such agency in the execution of the disaster response and relief plan developed under this title. 505. Immediate disaster response A disaster response and relief plan developed under this title shall include detailed information on how the authorities plan to allocate and station staff before, during, and after a disaster. The plan should reflect reasonable emergency work hours and ensure staff is on call and prepared for a disaster. 506. Protecting special needs of residents (a) List A covered public housing agency shall maintain a list, updated annually, of the members of each family residing in a dwelling unit in public housing owned, operated, or assisted by such agency, and identify the following (as such information is provided by residents): (1) The special needs of certain residents because of a disability, physical or mobility impairment, or medical condition. (2) The units in which residents who are elderly reside. (3) The units in which residents who have limited English proficiency reside and the primary languages of such residents. (b) Dissemination of list The list described in subsection (a) shall be provided to the individual or individuals identified under section 503(b) and other relevant staff of the covered public housing agency. (c) Special populations (1) In general A covered public housing agency shall analyze the challenges of providing disaster relief assistance with respect to the health and medical needs to certain populations of residents of a dwelling unit in public housing owned, operated, or assisted by such agency and include such analysis in the disaster response and relief plan developed under this title. (2) Populations The populations analyzed under paragraph (1) include— (A) residents of a dwelling unit in public housing who— (i) are disabled; (ii) require life-support equipment or have other severe medical conditions; (iii) are elderly; or (iv) have a physical or mobility impairment; and (B) other populations of residents identified by the Secretary through regulations prescribed pursuant to this title. 507. Safe evacuation of residents and staff (a) In general A covered public housing agency shall include in the disaster response and relief plan developed under this title information on evacuating residents of a dwelling unit in public housing owned, operated, or assisted by, and staff of, such agency. (b) Required information The information required under subsection (a) shall include the following: (1) Detailed protocols regarding evacuating residents and staff of a covered public housing agency safely and orderly. (2) Transportation options, in addition to public transportation which may be out of service or delayed, for transporting residents and staff to safe locations. (3) A list of pre-approved public housing agency safe locations for residents and staff. (4) A list of pre-approved public housing agency fall-back locations for staff to monitor a disaster safely and launch response efforts following the conclusion of such a disaster. (5) Options for oral and written translation services for residents with limited English proficiency. (6) Any other information the Secretary may require through regulations prescribed pursuant to this title. 508. Supporting short- and long-term relocation of residents (a) In general A covered public housing agency shall include in the disaster response and relief plan developed under this title protocols for relocating residents in the event that the unit in which such resident resides becomes uninhabitable. (b) Required information The protocols described in subsection (a) shall include short-term, long-term, and permanent relocation possibilities. 509. Providing relief to other victims A covered public housing agency shall include in the disaster response and relief plan developed under this title protocols for temporarily renting vacant units of public housing to local victims of a disaster who are not residents of public housing. 510. Protecting tenants from eviction (a) In general No covered public housing agency shall begin, continue, or complete an eviction of a resident of a dwelling unit in public housing owned, operated, or assisted by such agency during the moratorium period defined in subsection (c). (b) Exception Subsection (a) shall not apply if an eviction of a resident is for— (1) a drug-related or violent criminal activity; (2) a felony charge; or (3) a sex crime or any violation of Federal or State law related to such resident’s status as a sex offender. (c) Moratorium period The term moratorium period means the time period beginning on the date that a disaster is declared by applicable Federal, State, or local officials and ending on the date that the Secretary determines that a covered public housing agency’s disaster relief efforts have concluded. 511. Rental payment fairness A covered public housing agency shall prorate, for each month, the rental amount, and, if applicable, the tenant-paid utility amount of a dwelling unit assisted under this Act for each family residing in a dwelling unit in public housing owned, assisted, or operated by such agency in accordance with the rent abatement policies under the agency’s rules, the property lease executed between the resident and the agency, or any relevant Federal, State, or local laws or regulations. 512. Ensuring residents receive basic human needs and assistance (a) In general Not later than 24 hours after the conclusion of a disaster, in such manner as the Secretary may require, a covered public housing agency shall provide to each resident of a dwelling unit in public housing owned, operated, or assisted by such agency the following: (1) Contact information for Federal, State, local agencies, or other local organizations that can provide supportive services and disaster relief support and assistance, including— (A) potable water; (B) food; (C) shelter; (D) first aid; and (E) any other support and assistance that the Secretary may identify through regulations prescribed pursuant to this title. (2) Specific information about household and individual assistance available from— (A) the Federal Emergency Management Agency; (B) any other Federal, State, and local emergency relief agencies; and (C) local organizations and public housing agency partners. (3) Information regarding the personal property damage claims process of a covered public housing agency, including— (A) how to file a claim; (B) eligibility guidelines for filing a claim; (C) coverage of the policy; and (D) the time period to file and process claims. (b) Creating partnerships (1) In general A covered public housing agency shall create partnerships to provide basic human needs, additional supportive services, and security before, during, and after the conclusion of a disaster for each resident of a dwelling unit in public housing owned, assisted, or operated by such agency. (2) Potential partners A covered public housing agency may establish partnerships with— (A) the Federal Emergency Management Agency; (B) State and local governments; (C) local law enforcement; (D) community-based organizations; (E) resident or tenant associations; (F) health care professionals; (G) other individuals or organizations that provide volunteer services; or (H) any other entity that the Secretary may include through regulations prescribed pursuant to this title. (c) Rule of construction Nothing in this section shall be construed as to prohibit or restrict any entity from providing disaster relief to any resident of a dwelling unit in public housing. 513. Protection and restoration of public housing buildings (a) In general The disaster response and relief plan developed under this title shall include protocols for inspecting, evaluating, and repairing damage to physical assets of a covered public housing agency. (b) Protocols for protection and restoration of public housing Such protocols shall include the following: (1) Maintaining a list of licensed contractors to assess damage to physical assets and provide short-term repair and restoration efforts. (2) If possible, executing supportive services contracts in advance of disasters to obtain faster response times. (3) Deploying contractors immediately following the conclusion of a disaster to assess and repair immediate priorities, including— (A) restoring electric, gas, water, VAC., sewage, and elevator service as soon as possible; (B) remediating exigent health and safety hazards, such as mold and mildew removal and pest control; and (C) other items as described by the Secretary through regulations prescribed pursuant to this title. (4) Not later than 14 days after the conclusion of a disaster, conducting follow-up inspections to determine short- and long-term repair and restoration priorities. (5) Establishing short-term priorities for the repair and restoration of public housing projects, including— (A) air quality testing to address disaster related health and safety hazards; (B) continuing to maintain building systems and utilities; and (C) other items as described by the Secretary through regulations prescribed pursuant to this title. (6) Establishing long-term priorities for the repair and restoration of public housing projects, including— (A) developing a revised physical capital needs assessment to determine necessary repairs and rehabilitation of a public housing project; (B) rehabilitating building structures; (C) repairing and rehabilitating superficial damages to building structures and dwelling units; (D) mitigating the impact of a disaster that may occur in the future by upgrading or replacing building systems or strengthening the structure of the building; and (E) other items as described by the Secretary through regulations prescribed pursuant to this title. 514. Emergency supplies and equipment (a) In general The disaster response and relief plan developed under this title shall include a detailed list describing the condition and location of emergency supplies and equipment, including— (1) electrical generators and the types of public housing building systems they are compatible with; (2) mobile boilers and the types of public housing building systems they are compatible with; (3) heaters and fans; (4) water pumps; (5) phones, radios, cameras, and televisions (and power sources, if necessary, for these items); (6) potable water, food, and emergency supply kits; (7) property vehicles; (8) backed-up critical computer files (such as contact information for residents and staff, rent and income calculations, and other information); (9) first aid kits; and (10) any other supplies and equipment that the Secretary may describe through regulations prescribed pursuant to this title. (b) Annual review A covered public housing agency shall check annually to ensure that the supplies and equipment described in subsection (a), or through regulations prescribed pursuant to such subsection, are in working order. Such agency shall immediately replace or repair such supplies and equipment that are not in working order and update the list described in subsection (a). (c) Contracts A public housing agency shall enter into standby contracts for critical equipment, such as pumps, boilers, and generators, in order to expedite the restoration of necessary utilities. 515. Sources of assistance The disaster response and relief plan developed under this title shall include— (1) information regarding Federal, State, and local grant and loan programs and other resources related to disaster relief available to a covered public housing agency; (2) how to apply for such resources; and (3) information regarding the insurance policy of the covered public housing agency and how to file a claim. 516. Proper implementation of plan The disaster response and relief plan developed under this title shall include, and a covered public housing agency shall have available on-site at each public housing project, a step-by-step checklist to implement such plan to be utilized by relevant staff of the agency. Such checklist shall emphasize disaster relief on the property level. 517. Emergency disaster training (a) In general The disaster response and relief plan developed under this title shall include training requirements such as— (1) hosting annual workshops to train employees of public housing agencies on the disaster response and relief plans of such agencies and the proper implementation of such plans; (2) offering no less than 3 events, such as workshops, seminars (held-in person or over the Internet), or conference calls, to provide information to residents on— (A) what to do during a disaster; (B) covered public housing agency and resident rights and responsibilities during a disaster; and (C) basic first aid and CPR training; and (3) conducting annual evacuation and emergency drills for disasters at public housing projects. (b) Staff training A covered public housing agency shall provide leadership, basic first aid, and CPR training to staff of such agency to prepare such staff to coordinate and assist residents of dwelling units in public housing owned, assisted, or operated by such agency and other individuals in carrying out the pre-disaster, disaster impact, and post-disaster polices and procedures developed pursuant to this title. (c) Resident training A covered public housing agency may provide leadership, basic first aid, and CPR training to residents of dwelling units in public housing owned, assisted, or operated by such agency, in addition to training required to be provided to staff of such agency under subsection (b), to prepare such residents to coordinate and assist other residents in carrying out the pre-disaster, disaster impact, and post-disaster polices and procedures developed pursuant to this title. 518. Improving disaster relief oversight Following a disaster in which a covered public housing agency implemented its disaster response and relief plan developed under this title, the Inspector General of the Department of Housing and Urban Development shall evaluate such plan and, if necessary, make recommendations for improving such plan not later than 180 days after the conclusion of such disaster. . 3. Amendments to Housing Act (a) Inclusion in 5-Year plan Section 5A(a)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437c–1(a)(1) ) is amended— (1) by adding at the end the following new subparagraph: (C) if applicable, a disaster response and relief plan developed in accordance with title V. ; (2) in subparagraph (A), by striking and ; and (3) in subparagraph (B), by striking the period and inserting ; and . (b) Inclusion in annual plan Section 5A(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437c–1(d) ) is amended— (1) by redesignating paragraph (19) as paragraph (20); and (2) by inserting after paragraph (18) the following: (19) Disaster response and relief plan If, applicable, a plan developed by the public housing agency in accordance with title V that provides comprehensive information regarding pre-disaster, disaster impact, and post-disaster policies, standards, procedures, and protocols. . 4. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to the Secretary to carry out this Act. (b) Availability Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended. 5. Effective date A covered public housing agency (as such term is defined in the amendments made under section 2 of this Act) shall submit the initial disaster plan developed in accordance with the amendments made under section 2 of this Act on the date that occurs on the later of— (1) 270 days after the date of the enactment of this Act; or (2) the date that the annual plan under section 5A(b) of the United States Housing Act of 1937 (42 U.S.C. 1437c–1(b)) is required to be submitted to the Secretary of Housing and Urban Development.

https://www.govinfo.gov/content/pkg/BILLS-113hr1669ih/xml/BILLS-113hr1669ih.xml

113-hr-1670

I 113th CONGRESS 1st Session H. R. 1670 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Ms. Velázquez (for herself, Mr. Rangel , Mr. Serrano , and Mr. Jeffries ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To improve the implementation and oversight for the program under section 3 of the Housing and Urban Development Act of 1968 for training and hiring requirements for public housing, Indian housing assistance, and housing and community development programs. 1. Short title This Act may be cited as the Raising Employment in Affordable Communities and Homes Act of 2013 or the REACH Act of 2013 . 2. Section 3 action plans Section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ) is amended— (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection: (e) Action plans (1) Public housing and Indian housing assistance (A) Public housing agencies (i) In general Except as provided in clause (ii), a public housing agency may not be provided any development assistance pursuant to section 5 of the United States Housing Act of 1937 (42 U.S.C. 1437c), or assistance from the Operating Fund or Capital Fund under section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ), for any fiscal year unless the agency prepares an action plan under this subsection that describes activities to be carried out in accordance subsections (c) and (d) of this section during such fiscal year. (ii) Inapplicability to qualified public housing agencies Clause (i) shall not apply to any qualified public housing agency, as such term is defined in section 5A(b)(3)(C) of the United States Housing Act of 1937 ( 42 U.S.C. 1437c–1(b)(3)(C) ). (B) Indian tribes (i) In general Except as provided in clause (ii), an Indian tribe or tribally designated housing entity (as such terms are defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )) may not be provided any grant amounts under such Act for any program year unless the tribe or entity prepares an action plan under this subsection that describes activities to be carried out in accordance subsections (c) and (d) of this section during such fiscal year. (ii) Inapplicability Clause (i) shall not apply to any recipient of grant amounts under the Native American Housing Assistance and Self-Determination Act of 1996 for which the sum of— (I) the number of affordable housing dwelling units administered by such recipient and assisted with such grant amounts, and (II) the number of households provided tenant-based rental assistance with such grant amounts by such recipient, is 550 or fewer. (C) Incorporation in annual plan Such an action plan for a year shall be incorporated— (i) in the case of a public housing agency, in the annual plan under section 5A of such Act ( 42 U.S.C. 1437c–1 ) for the agency for such fiscal year; and (ii) in the case of an Indian tribe or tribally designated housing entity, the Indian housing plan under section 102 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4112) for the tribe for the program year. (D) Retroactive funding Funds may be provided to any public housing agency, and to any Indian tribe or tribally designated housing entity, retroactively upon the development and inclusion of an action plan under this subsection in an agency’s annual plan, or the tribe’s or tribally designated housing entity’s Indian housing plan, respectively. (2) Other programs The Secretary shall require that each application for housing and community development assistance in an amount exceeding $200,000 shall include an action plan under this subsection that describes activities to be carried out in accordance subsections (c) and (d) of this section. (3) Content An action plan under this subsection for a public housing agency, for an Indian tribe or tribally designated housing entity, or for a recipient of housing and community development assistance, shall specify the agency’s, tribe’s or entity’s, or recipient’s— (A) intended outreach efforts under this section within the community; (B) planned training programs; (C) relevant employment opportunities under this section; and (D) timeline for planned implementation under this section. (4) Oversight The Secretary shall take such actions as may be necessary to review the implementation of annual action plans under this subsection. (5) Penalties The Secretary may establish and impose penalties for public housing agencies, Indian tribes and tribally designated housing entities, recipients of housing and community development assistance that do not comply with their action plans to the satisfaction of the Secretary. Such penalties may include— (A) in the case of a public housing agency, or tribe or tribally designated housing entity, withholding of assistance from the Department until compliance is achieved; and (B) in the case of recipients of housing and community development assistance— (i) enforcement actions through the Departmental Enforcement Center of the Department of Housing and Urban Development; (ii) withholding future assistance payments; (iii) a flag in the Active Partners Performance System; and (iv) rejection of any further applications for assistance from the Department until compliance is achieved. (6) Authorization of appropriation There are authorized to be appropriated such sums as may be necessary to carry out this subsection. . 3. Effective date The amendment under section 2 shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1670ih/xml/BILLS-113hr1670ih.xml

113-hr-1671

I 113th CONGRESS 1st Session H. R. 1671 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Swalwell of California (for himself, Ms. Bass , Mr. Becerra , Mr. Bera of California , Ms. Brownley of California , Mr. Calvert , Mr. Campbell , Mrs. Capps , Mr. Cárdenas , Ms. Chu , Mr. Cook , Mr. Costa , Mrs. Davis of California , Mr. Denham , Ms. Eshoo , Mr. Farr , Mr. Garamendi , Ms. Hahn , Mr. Honda , Mr. Huffman , Mr. Hunter , Mr. Issa , Mr. LaMalfa , Ms. Lee of California , Ms. Lofgren , Mr. Lowenthal , Ms. Matsui , Mr. McCarthy of California , Mr. McClintock , Mr. McKeon , Mrs. Negrete McLeod , Mr. McNerney , Mr. George Miller of California , Mr. Gary G. Miller of California , Mrs. Napolitano , Mr. Nunes , Ms. Pelosi , Mr. Peters of California , Mr. Rohrabacher , Ms. Roybal-Allard , Mr. Royce , Mr. Ruiz , Ms. Linda T. Sánchez of California , Ms. Loretta Sanchez of California , Mr. Schiff , Mr. Sherman , Ms. Speier , Mr. Takano , Mr. Thompson of California , Mr. Valadao , Mr. Vargas , Ms. Waters , and Mr. Waxman ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 6937 Village Parkway in Dublin, California, as the James Jim Kohnen Post Office . 1. James Jim Kohnen Post Office (a) Designation The facility of the United States Postal Service located at 6937 Village Parkway in Dublin, California, shall be known and designated as the James Jim Kohnen Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the James Jim Kohnen Post Office .

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113-hr-1672

I 113th CONGRESS 1st Session H. R. 1672 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Daines (for himself and Mr. Bishop of Utah ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To withdraw and reserve certain public lands administered by the Bureau of Land Management for exclusive military use as part of the Limestone Hills Training Area, Montana, and for other purposes. 1. Short title This Act may be cited as the Limestone Hills Training Area Withdrawal Act . 2. Withdrawal and reservation of public lands for Limestone Hills Training Area, Montana (a) Withdrawal The public lands and interests in lands described in subsection (c), and all other areas within the boundaries of such lands as depicted on the map provided for by subsection (d) that may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation; purpose Subject to the limitations and restrictions contained in section 4, the public lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes: (1) The conduct of training for regular and reserve components of the Armed Forces. (2) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. (3) The conduct of training by the Montana Department of Military Affairs, except that any such use may not interfere with purposes specified in paragraphs (1) and (2). (4) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, except that any such use may not interfere with military training activities. (5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (c) Land Description The public lands and interests in lands withdrawn and reserved by this section comprise approximately 18,644 acres in Broadwater County, Montana, as generally depicted as Proposed Land Withdrawal on the map titled Limestone Hills Training Area Land Withdrawal , dated April 10, 2013. (d) Legal description and map (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall publish in the Federal Register a legal description of the public land withdrawn under subsection (a) and a copy of a map depicting the legal description of the withdrawn land. (2) Force of law The legal description and map published under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description. (3) Reimbursement of costs The Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior in implementing this subsection. (e) Valid existing rights The withdrawal and reservation of public land under subsection (a) shall be subject to valid existing rights. (f) Indian tribes Nothing in this Act shall be construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal by treaty or Federal law. The Secretary of the Army shall consult with any Indian tribes in the vicinity of the military land withdrawal before taking action within the military land withdrawal affecting tribal rights or cultural resources protected by treaty or Federal law. 3. Management of withdrawn and reserved lands During the period of the withdrawal and reservation specified in section 6, the Secretary of the Army shall manage the public lands withdrawn by section 2 for the purposes specified in subsection (b) of such section, subject to the limitations and restrictions contained in section 4. 4. Special rules governing minerals management (a) Indian Creek Mine (1) In general Locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. The land area subject to the approved plan of operations shall permanently remain open to the amendment or relocation of mining claims (or both) under the Act of May 10, 1872 (commonly known as the General Mining Act of 1872; 30 U.S.C. 22 et seq. ) to the extent necessary to preserve the mining operations described in the approved plan of operations. (2) Restrictions on Secretary of the Army The Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the defense-related uses of the lands covered by the military land withdrawal. The coordination of such disposition of and exploration for minerals with defense-related uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (c). (b) Removal of unexploded ordnance on lands To be mined (1) Removal activities The Secretary of the Army shall request funding for and, subject to the availability of such funds, shall remove unexploded ordnance on lands withdrawn by section 2 that are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a). (2) Report on removal activities The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to this subsection. The report shall include— (A) the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section 2; and (B) the identification of the lands cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior. (c) Implementation agreement for mining activities The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The agreement shall provide the following: (1) That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, is invited to be a party to the agreement. (2) Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area, which shall include the following limitations and restrictions: (A) Military and other authorized uses of the withdrawn lands shall only occur between the second Monday in April and November 30 unless otherwise authorized by the Secretary of the Interior. (B) Military use for mortar target practice or training with respect to other weapons systems containing explosive material shall be limited to the area described on the map referred to in section 2(c) as the high explosive active impact area and shall not include any lands within the approved Indian Creek Mine plan of operations. Immediately after any exercise during which live rounds are fired the military unit or other organization utilizing the area will take all reasonable action to locate and remove or destroy any undetonated rounds impacting any of the withdrawn land (other than withdrawn land in the high explosive active impact area ). (C) Training activities conducted within the withdrawn area that restrict mining activities will be scheduled for no more than 16 weeks in any year and for no longer than three successive weeks without a recess of two weeks. In order to schedule annual mining operations prior to February 1st each year the Secretary of the Army shall provide the Secretary of the Interior and Graymont Western US, Inc. with an annual schedule of training activities to take place within the withdrawn area during the year. The annual schedule shall specify the weapons systems to be used and the surface danger zone applicable to the weapon system identified in the schedule. Any proposed changes to the schedule shall be provided to Graymont Western US, Inc. at least 90 days prior to the anticipated change and shall be subject to the approval of Graymont Western US, Inc. if the proposed change could impact mining operations. (D) The military unit or other organization utilizing lands within the approved Indian Creek Mine plan of operations for training activities will bear full liability to the extent of the law for any injury caused to employees and guests of Graymont Western US, Inc., or a member of the public or for damage to any mining equipment or facility of Graymont Western US, Inc., it successors and assigns, caused by the training activity. (3) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. (4) Procedures for scheduling of the removal of unexploded ordnance. 5. Grazing (a) Issuance and administration of permits and leases The issuance and administration of grazing permits and leases, including their renewal, on the public lands withdrawn by section 2 shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases. (b) Safety requirements With respect to any grazing permit or lease issued after the date of the enactment of this Act for lands withdrawn by section 2, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands. (c) Assignment The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn by section 2. 6. Duration of withdrawal and reservation The military land withdrawal made by section 2 shall terminate on March 31, 2039.

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113-hr-1673

I 113th CONGRESS 1st Session H. R. 1673 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. McCarthy of California introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the transfer of certain public land currently administered by the Bureau of Land Management to the administrative jurisdiction of the Secretary of the Navy for inclusion in Naval Air Weapons Station China Lake, California, and for other purposes. 1. Short title This Act may be cited as the Naval Air Weapons Station China Lake Security Enhancement Act . 2. Transfer of administrative jurisdiction, Naval Air Weapons Station China Lake, California (a) Transfer required Not later than September 30, 2014, the Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management in Inyo, Kern, and San Bernardino Counties, California, consisting of approximately 1,045,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on the map titled Naval Air Weapons Station China Lake Withdrawal - Renewal and dated 2012. (b) Use of transferred land Upon the receipt of the land under subsection (a), the Secretary of the Navy shall include the land as part of the Naval Air Weapons Station China Lake, California, and authorize use of the land for military purposes. (c) Legal description (1) Preparation and publication The Secretary of the Interior shall publish in the Federal Register a legal description of the public land to be transferred under subsection (a). (2) Force of law The legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description. (d) Reimbursement of costs The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description under subsection (c).

https://www.govinfo.gov/content/pkg/BILLS-113hr1673ih/xml/BILLS-113hr1673ih.xml

113-hr-1674

I 113th CONGRESS 1st Session H. R. 1674 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Bilirakis 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 deny the refundable portion of the child tax credit to individuals who are not authorized to be employed in the United States and to terminate the use of certifying acceptance agents to facilitate the application process for ITINs. 1. Short title This Act may be cited as the Stop Handouts to Unauthorized Taxpayers Act of 2013 or the SHUT Act of 2013 . 2. Denial of refundable portion of child tax credit to individuals not authorized to be employed in the united states (a) In general Subsection (d) of section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Identification requirement with respect to taxpayer (A) In general Paragraph (1) shall not apply to any taxpayer for any taxable year unless the taxpayer includes the taxpayer’s social security number on the return of tax for such taxable year or otherwise demonstrates on the return that the taxpayer is authorized to be employed in the United States. (B) Joint returns In the case of a joint return, the requirement of subparagraph (A) shall be treated as met if either spouse meets such requirement. (C) Omission treated as mathematical or clerical error Any failure to meet the requirement of subparagraph (A) shall be treated as a mathematical or clerical error and assessed according to section 6213(b)(1). . (b) Conforming amendment Subsection (e) of section 24 of such Code is amended by inserting with respect to qualifying children after Identification requirement in the heading thereof. (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Termination of certifying agent program Effective on the date of the enactment of this Act, no Individual Taxpayer Identification Number may be issued by the Secretary of the Treasury (or any delegate of such Secretary) unless the supporting documentary evidence is submitted to such Secretary or any delegate of such Secretary who is an employee within the Department of the Treasury.

https://www.govinfo.gov/content/pkg/BILLS-113hr1674ih/xml/BILLS-113hr1674ih.xml

113-hr-1675

I 113th CONGRESS 1st Session H. R. 1675 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Cassidy (for himself, Mrs. Blackburn , Mr. Heck of Nevada , Mr. Harris , Mrs. Black , Mr. Burgess , Mr. Terry , Mr. Westmoreland , Mr. Broun of Georgia , Mr. Lance , and Mr. DesJarlais ) 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 permit health plans without a deductible for prenatal, labor and delivery, and postpartum care to be treated as high deductible plans with respect to health savings accounts. 1. Short title This Act may be cited as the Ensuring Women’s Access to Free-Market Healthcare Act of 2013 . 2. HSA high deductible plan safe harbor for absence of prenatal, labor and delivery, and postpartum care deductible (a) In general Paragraph (2) of section 223(c) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: (D) Safe harbor for absence of prenatal, labor and delivery, and postpartum care deductible (i) In general A plan shall not fail to be treated as a high deductible health plan by reason of failing to have a deductible for prenatal, labor and delivery, and postpartum care. (ii) Prenatal, labor and delivery, and postpartum The Secretary, in consultation with the American Academy of Pediatrics and American College of Obstetricians and Gynecologists, shall by regulation define prenatal, labor and delivery, and postpartum care for purposes of this subparagraph. . (b) Effective date The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1675ih/xml/BILLS-113hr1675ih.xml

113-hr-1676

I 113th CONGRESS 1st Session H. R. 1676 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Cook (for himself and Mr. McKeon ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To designate the Johnson Valley National Off-Highway Vehicle Recreation Area in San Bernardino County, California, to authorize limited military use of the area, to provide for the transfer of the Southern Study Area to the administrative jurisdiction of the Secretary of the Navy for inclusion in the Marine Corps Air Ground Combat Center Twentynine Palms, and by recreational users, and for other purposes. 1. Short title This Act may be cited as the Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act . 2. Designation of Johnson Valley National Off-Highway Vehicle Recreation Area (a) Designation The approximately 188,000 acres of public land and interests in land administered by the Secretary of the Interior through the Bureau of Land Management in San Bernardino County, California, as generally depicted as the Johnson Valley Off-Highway Vehicle Recreation Area on the map titled Johnson Valley National Off-Highway Vehicle Recreation Area and Transfer of the Southern Study Area and dated April 11, 2013, are hereby designated as the Johnson Valley National Off-Highway Vehicle Recreation Area . (b) Recreational and conservation use The Johnson Valley National Off-Highway Vehicle Recreation Area is designated for the following purposes: (1) Public recreation (including off-highway vehicle use, camping, and hiking) when the lands are not used for military training as authorized by section 3. (2) Natural resources conservation. (c) Withdrawal The public land and interests in land included in the Johnson Valley National Off-Highway Vehicle Recreation Area are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (d) Treatment of existing rights The designation of the Johnson Valley National Off-Highway Vehicle Recreation Area and the withdrawal of the public land and interests in land included in the Recreation Area are subject to valid existing rights. 3. Limited biannual Marine Corps Air Ground Combat Center Twentynine Palms use of Johnson Valley National Off-Highway Vehicle Recreation Area (a) Use for military purposes authorized Subject to subsection (b), the Secretary of the Interior shall authorize the Secretary of the Navy to utilize portions of Johnson Valley National Off-Highway Vehicle Recreation Area twice in each calendar year for up to a total of 42 days per year for the following purposes: (1) Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces. (2) Individual and unit live-fire training ranges. (3) Equipment and tactics development. (4) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (b) Conditions on military use (1) Consultation and public participation requirements Before the Secretary of the Navy requests the two time periods for military use of the Johnson Valley National Off-Highway Vehicle Recreation Area in a calendar year, the Secretary of the Navy shall— (A) consult with the Secretary of the Interior regarding the best times for military use to reduce interference with or interruption of nonmilitary activities authorized by section 2(b); and (B) provide for public awareness of and participation in the selection process. (2) Public notice The Secretary of the Navy shall provide advance, wide-spread notice before any closure of public lands for military use under this section. (3) Public safety Military use of the Johnson Valley National Off-Highway Vehicle Recreation Area during the biannual periods authorized by subsection (a) shall be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians. (4) Certain types of ordnance prohibited The Secretary of the Navy shall prohibit the use of dud-producing ordnance in any military training conducted under subsection (a). (c) Implementing agreement (1) Agreement required; required terms The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement this section. The agreement shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (2) Additional terms The agreement may provide for— (A) the integration of the management plans of the Secretary of the Interior and the Secretary of the Navy; (B) delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and (C) the sharing of resources in order to most efficiently and effectively manage the lands. (d) Duration Any agreement for the military use of the Johnson Valley National Off-Highway Vehicle Recreation Area shall terminate not later than March 31, 2039. 4. Transfer of administrative jurisdiction, Southern Study Area, Marine Corps Air Ground Combat Center Twentynine Palms, California (a) Transfer required Not later than September 30, 2014, the Secretary of the Interior shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management consisting of approximately 20,000 acres in San Bernardino County, California, as generally depicted as the Southern Study Area on the map referred to in section 2. (b) Use of transferred land Upon the receipt of the land under subsection (a), the Secretary of the Navy shall include the land as part of the Marine Corps Air Ground Combat Center Twentynine Palms, California, and authorize use of the land for military purposes. (c) Legal description (1) Preparation and publication The Secretary of the Interior shall publish in the Federal Register a legal description of the public land to be transferred under subsection (a). (2) Force of law The legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description. (d) Reimbursement of costs The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to carry out this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1676ih/xml/BILLS-113hr1676ih.xml

113-hr-1677

I 113th CONGRESS 1st Session H. R. 1677 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Costa (for himself, Mr. Honda , Ms. Lee of California , Ms. Chu , Mr. Schiff , Mr. Cárdenas , Mr. Huffman , Mr. Lowenthal , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To modify the boundary of Yosemite National Park, and for other purposes. 1. Short title This Act may be cited as the Yosemite National Park Boundary Expansion Act of 2013 . 2. Purpose The purpose of this Act is to modify the boundary of Yosemite National Park to protect from potential development the scenic and biological value of property adjacent to the Park. 3. Definitions In this Act: (1) Map The term map means the map entitled Yosemite National Park Location Map for Boundary Line Adjustment (BLA) Areas . (2) Park The term Park means the Yosemite National Park in the State of California. (3) Secretary The term Secretary means the Secretary of the Interior. 4. Yosemite national park (a) Acquisition of land (1) In general The Secretary may acquire the land or an interest in the land described in subsections (b) and (c) for addition to the Park. (2) Means An acquisition of land under paragraph (1) may be made by donation, purchase from a willing seller with donated or appropriated funds, or exchange. (b) Description of land The land referred to in subsection (a)(1) is the approximately 1,575 acres of land adjacent to the Park, as generally depicted on the map. (c) Availability of map The map shall be on file and available for inspection in the appropriate offices of the National Park Service. (d) Boundary modification The boundary of the Park shall be revised to reflect the acquisition of the land under subsection (a). (e) Administration The Secretary shall administer any land or interest in land acquired under subsection (a)(1) as part of the Park in accordance with the laws (including regulations) applicable to the Park.

https://www.govinfo.gov/content/pkg/BILLS-113hr1677ih/xml/BILLS-113hr1677ih.xml

113-hr-1678

I 113th CONGRESS 1st Session H. R. 1678 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Cummings (for himself, Mr. Rigell , Mr. Rahall , Mr. Garamendi , Mr. Larsen of Washington , Ms. Pingree of Maine , Mr. LaMalfa , Mr. Pocan , Mr. Grimm , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 46, United States Code, to reinstate provisions requiring that a percentage of aid provided by the Secretary of Agriculture or the Commodity Credit Corporation in the form of certain agricultural commodities or their products must be transported on commercial vessels of the United States, and for other purposes. 1. Short title This Act may be cited as the Saving Essential American Sailors Act or the SEAS Act . 2. Reinstatement of requirement to transport agricultural-commodity aid on commercial vessels of the United States Section 100124 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141) is repealed, and the provisions of law that were repealed or amended by that section are revived and amended, respectively, to read as if such section were not enacted.

https://www.govinfo.gov/content/pkg/BILLS-113hr1678ih/xml/BILLS-113hr1678ih.xml

113-hr-1679

I 113th CONGRESS 1st Session H. R. 1679 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Faleomavaega introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Expedited Funds Availability Act to clarify the application of that Act to American Samoa. 1. Application of the Expedited Funds Availability Act The Expedited Funds Availability Act ( 12 U.S.C. 4001 et seq. ) is amended— (1) in section 602(20) ( 12 U.S.C. 4001(20) ) by inserting , located in the United States, after ATM ; (2) in section 602(21) ( 12 U.S.C. 4001(21) ) by inserting American Samoa, after Puerto Rico, ; (3) in section 602(23) ( 12 U.S.C. 4001(23) ) by inserting American Samoa, after Puerto Rico, ; and (4) by adding at the end of section 603(d) ( 12 U.S.C. 4002(d) ) the following new paragraph: (3) Extension for certain deposits in American Samoa Notwithstanding any other provision of law, any time period established under subsection (b), (c), or (e) shall be extended by 2 business days in the case of any deposit which is both— (A) deposited in an account at a depository institution which is located in American Samoa; and (B) deposited by a check drawn on an originating depository institution which is not located in the same State as the receiving depository institution. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1679ih/xml/BILLS-113hr1679ih.xml

113-hr-1680

I 113th CONGRESS 1st Session H. R. 1680 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on the Judiciary A BILL To render all enrolled members of the Tohono O’odham Nation citizens of the United States as of the date of their enrollment and to recognize the valid membership credential of the Tohono O’odham Nation as the legal equivalent of a certificate of citizenship or a State-issued birth certificate for all Federal purposes. 1. Short title This Act may be cited as the Tohono O’odham Citizenship Act of 2013 . 2. Naturalization for Tohono O’odham (a) In general Chapter 2 of title III of the Immigration and Nationality Act ( 8 U.S.C. 1421 et seq. ) is amended by inserting after section 322 the following: 323. Enrolled members of Tohono O’odham nation (a) Granting of citizenship A person who is listed on the official membership roll of the Tohono O’odham Nation, a federally recognized American Indian nation located in Arizona, is a citizen of the United States as of the date on which such listing occurs. (b) No derivative benefits to relatives Nothing in this section shall be construed as providing for any benefit under this Act for any spouse, son, daughter, or other relative of a person granted citizenship under this section. . (b) Clerical amendment The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 322 the following new item: Sec. 323. Enrolled members of Tohono O’odham Nation. . 3. Treatment of tribal membership credential Notwithstanding any other provision of law, the valid membership credential issued to a person who is listed on the official membership roll of the Tohono O’odham Nation pursuant to the laws of the Tohono O’odham Nation shall be considered, for all purposes subject to Federal law, equivalent to— (1) a certificate of citizenship issued under section 341(a) of the Immigration and Nationality Act ( 8 U.S.C. 1452(a) ) to persons who satisfy the requirements of such section; and (2) a State-issued birth certificate.

https://www.govinfo.gov/content/pkg/BILLS-113hr1680ih/xml/BILLS-113hr1680ih.xml

113-hr-1681

I 113th CONGRESS 1st Session H. R. 1681 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Higgins 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 provide for limitations on expenditures in elections for the House of Representatives. 1. Short Title; Findings (a) Short Title This Act may be cited as the Restoring Confidence Through Smarter Campaigns Act . (b) Findings Congress finds the following: (1) The Supreme Court decision in Buckley v. Valeo failed to recognize that unlimited spending on elections has a corrosive effect on the electoral process and on public confidence in the integrity of the electoral process. (2) Restoring Congress’s regulatory power over campaign expenditures will level the playing field by creating a realistic opportunity for more Americans to seek Federal office and by encouraging elections that are more competitive. (3) Limiting the need for incessant fundraising by Members of Congress may restore the public’s confidence in both the electoral process and in the accountability of Members to the constituents who elect them. 2. Expenditure Limitations in House Elections (a) Establishment of Limitations Section 315 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a ) is amended by adding at the end the following new subsection: (k) Expenditure Limitations in House Elections (1) Limitations (A) In general A candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and the authorized committees of the candidate may not make expenditures which in the aggregate exceed $500,000 during the election cycle, of which— (i) not more than $250,000 may be attributable to expenditures made with respect to a primary election; and (ii) not more than $250,000 may be attributable to expenditures made with respect to a general election. (B) Increase in limitations for runoff elections In the case of a candidate in a runoff election, the candidate and the authorized committees of the candidate may make an additional amount of expenditures which in the aggregate do not exceed $250,000, of which— (i) not more than $125,000 may be attributable to expenditures made with respect to a primary runoff election; and (ii) not more than $125,000 may be attributable to expenditures made with respect to a general runoff election. (2) Exclusion of expenditures for legal services In determining the amount of expenditures made for purposes of this subsection, there shall be excluded any expenditures made for legal services in connection with the campaign. (3) Penalties Any candidate who makes expenditures in an election in excess of the limit applicable to the election under paragraph (1) shall pay to the Commission a civil money penalty in an amount determined as follows: (A) If the amount of expenditures in excess of the limit is equal to or less than 2.5 percent of the amount of the limit, the penalty shall be equal to the amount of the excess expenditures. (B) If the amount of expenditures in excess of the limit is greater than 2.5 percent but equal to or less than 5 percent of the amount of the limit, the penalty shall be equal to 300 percent of the amount of the excess expenditures. (C) If the amount of expenditures in excess of the limit is greater than 5 percent of the amount of the limit, the penalty shall be equal to the sum of 300 percent of the amount of the excess expenditures plus an additional penalty determined by the Commission. . (b) Indexing of Amounts (1) Application of indexing Section 315(c)(1) of such Act ( 2 U.S.C. 441a(c)(1) ) is amended— (A) in subparagraph (B)(i), by striking or (h) and inserting (h), or (k) ; and (B) in subparagraph (C), by striking and (h) and inserting (h), and (k) . (2) Determination of base year Section 315(c)(2)(B) of such Act (2 U.S.C. 441a(c)(2)(B)) is amended— (A) by striking and at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting ; and ; and (C) by adding at the end the following new clause: (iii) for purposes of subsection (k), calendar year 2015. . (c) Effective Date The amendments made by this section shall apply with respect to elections held on or after January 1, 2015.

https://www.govinfo.gov/content/pkg/BILLS-113hr1681ih/xml/BILLS-113hr1681ih.xml

113-hr-1682

I 113th CONGRESS 1st Session H. R. 1682 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Ms. Lofgren (for herself, Mr. Connolly , Mrs. Davis of California , Mr. Wolf , Ms. Loretta Sanchez of California , and Mr. Sherman ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the designation of Vietnam under title V of the Trade Act of 1974. 1. Short title This Act may be cited as the Fostering Rights through Economic Engagement in Vietnam Act or FREE Vietnam Act . 2. Prohibition on designation of Vietnam under title V of the Trade Act of 1974 (a) In general Section 502(b) of the Trade Act of 1974 ( 19 U.S.C. 2462(b) ) is amended by adding at the end the following: (3) Vietnam (A) In general In addition to the countries listed in paragraph (1), Vietnam may not be designated as a beneficiary developing country for purposes of this title unless the President submits to Congress a certification described in subparagraph (B). (B) Certification A certification referred to in subparagraph (A) is a certification that contains a determination of the President that— (i) Vietnam is not on the special watch list under section 110(b)(3)(A) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b)(3)(A) ); (ii) the Government of Vietnam does not engage in pervasive violations of internationally recognized human rights, including freedom of speech and freedom of religion; and (iii) Vietnam otherwise meets the requirements of this title. (C) Waiver The President may waive the application of subparagraph (A) if the President determines and certifies to Congress that it is in the national interest of the United States to do so. . (b) Effective date The amendment made by this section applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1682ih/xml/BILLS-113hr1682ih.xml

113-hr-1683

I 113th CONGRESS 1st Session H. R. 1683 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Ben Ray Luján of New Mexico introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Columbine-Hondo Wilderness in the State of New Mexico, to provide for the conveyance of certain parcels of National Forest System land in the State, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Columbine-Hondo Wilderness Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Addition to the National Wilderness Preservation System Sec. 101. Designation of the Columbine-Hondo Wilderness. Sec. 102. Wheeler Peak Wilderness boundary modification. Sec. 103. Authorization of appropriations. TITLE II—Land conveyances and sales Sec. 201. Town of Red River land conveyance. Sec. 202. Village of Taos Ski Valley land conveyance. Sec. 203. Authorization of sale of certain National Forest System land. 2. Definitions In this Act: (1) Red River Conveyance Map The term Red River Conveyance Map means the map entitled Town of Red River Town Site Act Proposal and dated April 19, 2012. (2) Secretary The term Secretary means the Secretary of Agriculture. (3) State The term State means the State of New Mexico. (4) Town The term Town means the town of Red River, New Mexico. (5) Village The term Village means the village of Taos Ski Valley, New Mexico. (6) Wilderness The term Wilderness means the Columbine-Hondo Wilderness designated by section 101(a). (7) Wilderness map The term Wilderness Map means the map entitled Columbine-Hondo, Wheeler Peak Wilderness and dated April 25, 2012. I Addition to the National Wilderness Preservation System 101. Designation of the Columbine-Hondo Wilderness (a) In general In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 45,000 acres of land in the Carson National Forest in the State, as generally depicted on the Wilderness Map, is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the Columbine-Hondo Wilderness . (b) Management Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with this Act and the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (c) Incorporation of acquired land and interests in land Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall— (1) become part of the Wilderness; and (2) be managed in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); (B) this section; and (C) any other applicable laws. (d) Grazing Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be administered in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617). (e) Columbine-Hondo wilderness study area (1) Finding Congress finds that, for purposes of section 103(a)(2) of Public Law 96–550 (16 U.S.C. 1132 note; 94 Stat. 3223), any Federal land in the Columbine-Hondo Wilderness Study Area administered by the Forest Service that is not designated as wilderness by subsection (a) has been adequately reviewed for wilderness designation. (2) Applicability The Federal land described in paragraph (1) is no longer subject to subsections (a)(2) and (b) of section 103 of Public Law 96–550 ( 16 U.S.C. 1132 note; 94 Stat. 3223). (f) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Wilderness. (2) Force of law The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the maps and legal descriptions. (3) Public availability The maps and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (g) Fish and wildlife Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones in which, and establish periods during which, hunting or fishing shall not be allowed for reasons of public safety, administration, the protection for nongame species and associated habitats, or public use and enjoyment. (h) Withdrawals Subject to valid existing rights, the Federal land described in subsections (a) and (e)(1) and any land or interest in land that is acquired by the United States in the Wilderness after the date of enactment of this Act is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 102. Wheeler Peak Wilderness boundary modification (a) In general The boundary of the Wheeler Peak Wilderness in the State is modified as generally depicted in the Wilderness Map. (b) Withdrawal Subject to valid existing rights, any Federal land added to or excluded from the boundary of the Wheeler Peak Wilderness under subsection (a) is withdrawn from— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 103. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title. II Land conveyances and sales 201. Town of Red River land conveyance (a) In general Subject to the provisions of this section, the Secretary shall convey to the Town, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the one or more parcels of Federal land described in subsection (b) for which the Town submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. (b) Description of land The parcels of Federal land referred to in subsection (a) are the parcels of National Forest System land (including any improvements to the land) in Taos County, New Mexico, that are identified as Parcel 1 , Parcel 2 , Parcel 3 , and Parcel 4 on the Red River Conveyance Map. (c) Conditions The conveyance under subsection (a) shall be subject to— (1) valid existing rights; (2) public rights-of-way through Parcel 1 , Parcel 3 , and Parcel 4 ; (3) an administrative right-of-way through Parcel 2 reserved to the United States; and (4) such additional terms and conditions as the Secretary may require. (d) Use of land As a condition of the conveyance under subsection (a), the Town shall use— (1) Parcel 1 for a wastewater treatment plant; (2) Parcel 2 for a cemetery; (3) Parcel 3 for a public park; and (4) Parcel 4 for a public road. (e) Reversion In the quitclaim deed to the Town under subsection (a), the Secretary shall provide that any parcel of Federal land conveyed to the Town under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as required under subsection (d). (f) Survey; Administrative costs (1) Survey The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The Town shall pay the reasonable survey and other administrative costs associated with the conveyance. 202. Village of Taos Ski Valley land conveyance (a) In general Subject to the provisions of this section, the Secretary shall convey to the Village, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the parcel of Federal land described in subsection (b) for which the Village submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. (b) Description of land The parcel of Federal land referred to in subsection (a) is the parcel comprising approximately 4.6 acres of National Forest System land (including any improvements to the land) in Taos County generally depicted as Parcel 1 on the map entitled Village of Taos Ski Valley Town Site Act Proposal and dated April 19, 2012. (c) Conditions The conveyance under subsection (a) shall be subject to— (1) valid existing rights; (2) an administrative right-of-way through the parcel of Federal land described in subsection (b) reserved to the United States; and (3) such additional terms and conditions as the Secretary may require. (d) Use of land As a condition of the conveyance under subsection (a), the Village shall use the parcel of Federal land described in subsection (b) for a wastewater treatment plant. (e) Reversion In the quitclaim deed to the Village, the Secretary shall provide that the parcel of Federal land conveyed to the Village under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as described in subsection (d). (f) Survey; administrative costs (1) Survey The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The Village shall pay the reasonable survey and other administrative costs associated with the conveyance. 203. Authorization of sale of certain National Forest System land (a) In general Subject to the provisions of this section and in exchange for consideration in an amount that is equal to the fair market value of the applicable parcel of National Forest System land, the Secretary may convey— (1) to the holder of the permit numbered QUE302101 for use of the parcel, the parcel of National Forest System land comprising approximately 0.2 acres that is generally depicted as Parcel 5 on the Red River Conveyance Map; and (2) to the owner of the private property adjacent to the parcel, the parcel of National Forest System land comprising approximately 0.1 acres that is generally depicted as Parcel 6 on the Red River Conveyance Map. (b) Disposition of proceeds Any amounts received by the Secretary as consideration for a conveyance under subsection (a) shall be— (1) deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act ) ( 16 U.S.C. 484a ); and (2) available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land in the Carson National Forest. (c) Conditions The conveyance under subsection (a) shall be subject to— (1) valid existing rights; and (2) such additional terms and conditions as the Secretary may require. (d) Survey; administrative costs (1) Survey The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary. (2) Costs The reasonable survey and other administrative costs associated with the conveyance shall be paid by the holder of the permit or the owner of the private property, as applicable.

https://www.govinfo.gov/content/pkg/BILLS-113hr1683ih/xml/BILLS-113hr1683ih.xml

113-hr-1684

I 113th CONGRESS 1st Session H. R. 1684 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mrs. Lummis introduced the following bill; which was referred to the Committee on Natural Resources A BILL To convey certain property to the State of Wyoming to consolidate the historic Ranch A, and for other purposes. 1. Short title This Act may be cited as the Ranch A Consolidation and Management Improvement Act . 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (2) State The term State means the State of Wyoming. 3. Conveyance (a) In general Upon the request of the State submitted to the Secretary not later than 180 days after the date of enactment of this Act, the Secretary shall convey to the State, without consideration and by quitclaim deed, all right, title and interest of the United States in and to the parcel of National Forest System land described in subsection (b). (b) Description of land The parcel of land referred to in subsection (a) is approximately 10 acres of National Forest System land located on the Black Hills National Forest, in Crook County, State of Wyoming more specifically described as the E½ NE¼ NW¼ SE¼ less the south 50 feet, W½ NW¼ NE¼ SE¼ less the south 50 feet, Section 24, Township 52 North, Range 61 West Sixth P.M. (c) Terms and conditions The conveyance under subsection (a) shall be— (1) subject to valid existing rights; and (2) made notwithstanding the requirements of subsection (a) of section 1 of Public Law 104–276. (d) Survey If determined by the Secretary to be necessary, the exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey that is approved by the Secretary and paid for by the State. 4. Amendments Section 1 of the Act of October 9, 1996 ( Public Law 104–276 ) is amended— (1) by striking subsection (b); and (2) by designating subsection (c) as subsection (b).

https://www.govinfo.gov/content/pkg/BILLS-113hr1684ih/xml/BILLS-113hr1684ih.xml

113-hr-1685

I 113th CONGRESS 1st Session H. R. 1685 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Ms. Matsui (for herself, Mr. Waxman , Ms. Eshoo , Ms. DeGette , Ms. Lofgren , Mr. Doyle , Mr. Ben Ray Luján of New Mexico , Ms. Schakowsky , and Mr. Butterfield ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to reform and modernize the Universal Service Fund Lifeline Assistance Program. 1. Short title This Act may be cited as the Broadband Adoption Act of 2013 . 2. Broadband Lifeline Assistance Program Section 254(j) of the Communications Act of 1934 ( 47 U.S.C. 254(j) ) is amended— (1) by striking (j) Lifeline Assistance.— Nothing in this and inserting the following: (j) Lifeline Assistance (1) In general Nothing in this ; and (2) by adding at the end the following: (2) Broadband Lifeline Assistance Program (A) Purpose The purpose of this paragraph is to promote the adoption of broadband service by all people of the United States while recognizing that the price of broadband service is one of the barriers to adoption for low income households. (B) Establishment (i) In general Not later than 270 days after the date of enactment of the Broadband Adoption Act of 2013 , the Commission shall adopt a final rule establishing Lifeline program support for broadband that enables qualifying low-income customers residing in urban and rural areas to purchase broadband service at reduced charges by reimbursing providers who elect to participate in the program for each such customer served. The Commission shall consider the results of the Low-Income Broadband Pilot Program when establishing such final rule. (ii) Model Such program shall be similar in structure to the Lifeline program for basic telephone service under subpart E of part 54 of title 47, Code of Federal Regulations. Qualifying individuals may elect to apply support from the Lifeline program to basic telephone service, voice telephony service, or broadband service, whether each service is purchased stand-alone or in a bundle. (iii) Digital literacy program The Commission shall consider providing a preference to participating broadband service providers that include components involving digital literacy programs as part of their offerings. (C) State matching funds The Commission may determine, in consultation with the Federal-State Joint Board instituted under subsection (a)(1), whether State matching funds may be provided as a condition of eligibility for low-income households within such State. (D) Amount of support (i) In general The Commission, in calculating the amount of Lifeline support to be provided to each low-income household, shall routinely study the prevailing market price for broadband service and the prevailing speed of broadband service adopted by households. (ii) Information To fulfill the requirement under clause (i), the Commission shall rely on information that it routinely collects or that is publicly available. (E) Technology neutral (i) In general The Commission shall ensure that the program established under subparagraph (B)(i) is neutral as to the types of technology used to provide voice telephony or broadband service under the Lifeline program to promote competition from service providers to qualify under such program. (ii) Authorization A participating broadband service provider need not be an eligible telecommunications carrier to receive support under such program, but such provider shall obtain authorization from the Commission in order to participate in the program. (F) Accountability (i) Nonduplication In establishing the program under subparagraph (B)(i), the Commission shall adopt regulations to prevent duplicative Lifeline subsidies from being awarded to an individual eligible household. Only one Lifeline program support amount per eligible household shall be available to qualifying individuals. (ii) Preventing waste, fraud, or abuse In adopting rules to implement this paragraph, the Commission shall consider any appropriate measures to prevent any waste, fraud, or abuse of this program. (iii) Eligibility The Commission, in consultation with other relevant Federal agencies, shall establish a national database which can be used to determine consumer eligibility for Lifeline program subsidies. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1685ih/xml/BILLS-113hr1685ih.xml

113-hr-1686

I 113th CONGRESS 1st Session H. R. 1686 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Moran (for himself, Ms. Norton , Mr. Blumenauer , and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to impose a retail tax on disposable carryout bags, and for other purposes. 1. Short title This Act may be cited as the Trash Reduction Act of 2013 . 2. Imposition of tax on disposable carryout bags (a) General rule Chapter 31 of the Internal Revenue Code of 1986 (relating to retail excise taxes) is amended by inserting after subchapter C the following new subchapter: D Disposable Carryout Bags Sec. 4056. Imposition of tax. 4056. Imposition of tax (a) General rule There is hereby imposed on any retail sale a tax on each disposable carryout bag. (b) Amount of tax The amount of tax imposed by subsection (a) shall be $0.05 per disposable carryout bag. (c) Liability for tax The retailer shall be liable for the tax imposed by this section. (d) Definitions For purposes of this section— (1) Disposable carryout bag (A) In general The term disposable carryout bag means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or other items. (B) Exceptions Such term does not include— (i) any reusable bag, (ii) any bag manufactured for use by a customer inside a store to package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts, (iii) any bag that contains or wraps frozen foods, prepared foods, or baked goods when not prepackaged, (iv) any bag manufactured for use by a pharmacist to contain prescription drugs, and (v) any bag manufactured to be sold at retail in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags. (2) Reusable bag The term reusable bag means a bag that is— (A) (i) made of cloth or other machine washable fabric, or (ii) made of a durable plastic that is at least 2.25 millimeters thick, and (B) is specifically designed and manufactured for multiple use. (e) Special rules (1) Pass through of tax The tax imposed by subsection (a) shall be passed through to the customer and shall be separately stated on the receipt of sale provided to the customer. (2) 1st retail sale; use treated as sale For purposes of this section, rules similar to the rules of subsections (a) and (b) of section 4002 shall apply. . (b) Carryout bag recycling program Subchapter B of chapter 65 of such Code is amended by adding at the end the following new section: 6433. Qualified disposable carryout bag recycling program (a) Allowance of credit If— (1) tax has been imposed under section 4056 on any disposable carryout bag, (2) a retailer provides such bag to a customer in a point of sale transaction, (3) such retailer has in effect at the time of such transaction a qualified carryout bag recycling program, and (4) such retailer has kept and can produce records for purposes of this section and section 4056 that include the total number of disposable carryout bags purchased and the amounts passed through to the customer for such bags pursuant to section 4056(e), the Secretary shall pay (without interest) to such retailer an amount equal to the applicable amount for each such bag used by the retailer in connection with a point of sale transaction. (b) Applicable amount For purposes of subsection (a), the applicable amount is $0.01. (c) Qualified disposable carryout bag recycling program For purposes of this section— (1) In general The term qualified carryout bag recycling program means a recycling program under which the retailer— (A) to the extent the retailer provides disposable carryout bags (as defined in section 4056) to customers— (i) passes through the tax imposed by section 4056 and tracks the total number of bags purchased and amount of tax passed through pursuant to section 6433(a), (ii) has printed or displayed on each such bag, in a manner clearly visible to a customer, the words PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING , (iii) uses bags that are 100 percent recyclable, (iv) uses bags that are made of high-density polyethylene film marked with the SPI resin identification code 2 or low-density polyethylene film marked with the SPI resin identification code 4, and (v) uses bags that contain a minimum of 40 percent post-consumer recycled content, (B) places at each place of business at which retail operations are conducted one or more carryout bag collection bins which are visible, easily accessible to the customer, and clearly marked as being for the purpose of collecting and recycling disposable carryout bags, (C) recycles the disposable carryout bags collected pursuant to subparagraph (B), (D) maintains for not less than 3 years records (which shall be available to the Secretary) describing the collection, transport, and recycling of disposable carryout bags collected, (E) makes available to customers within the retail establishment reusable bags (as defined in section 4056(c)(2)) which may be purchased and used in lieu of using a disposable carryout bag, and (F) meets the definition of 4056(d)(3). (2) Recycling program The term recycling program means a program that processes used materials or waste materials into new products to prevent waste of potentially useful materials; reduce raw materials consumption; reduce energy usage; reduce air, water, or other pollution; or reduce the need for disposal. . (c) Establishment of trust fund Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: 9512. Disposable carryout bag trust fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Disposable carryout bag Trust Fund (referred to in this section as the Trust Fund ), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). (b) Transfers to trust fund There is hereby appropriated to the Trust Fund an amount equivalent to the amounts received in the Treasury pursuant to section 4056. (c) Expenditures from trust fund Amounts in the Trust Fund shall be available, as provided by appropriation Acts, for making payments under section 6433. (d) Transfer to land and water conservation fund (1) In general The Secretary shall pay from time to time from the Trust Fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts (as determined by the Secretary) equivalent to the aggregate of the transactions on which tax is imposed under section 4056 aggregate amounts determined on the basis of $0.04. (2) Special rule regarding amounts transferred Amounts transferred to the land and water conservation fund under paragraph (1) shall not be taken into account for purposes of determining amounts to be appropriated or credited to the fund under section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5(c)). . (d) Study Not later than December 31, 2015, the Comptroller General of the United States shall conduct a study on the effectiveness of the provisions of this Act at reducing the use of disposable carryout bags and encouraging recycling of such bags. The report shall— (1) address measures that the Comptroller General determines may increase the effectiveness of such provisions, including the amount of tax imposed on each disposable carryout bag, and (2) any effects, both positive and negative, on any United States businesses. The Comptroller General shall submit a report of such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (e) Clerical amendments (1) The table of subchapters for chapter 31 of such Code is amended by inserting after the item relating to adding at the end thereof the following new item: Subchapter D. Disposable carryout bags. . (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6433. Qualified disposable carryout bag recycling program. . (3) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Disposable carryout bag trust fund. . (f) Effective date The amendments made by this section shall take effect on January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr1686ih/xml/BILLS-113hr1686ih.xml

113-hr-1687

I 113th CONGRESS 1st Session H. R. 1687 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Ms. Ros-Lehtinen (for herself and Mr. Sires ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Financial Services , Ways and Means , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the imposition of sanctions with respect to foreign persons responsible for or complicit in ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of ALBA countries, and for other purposes. 1. Short title This Act may be cited as the Countering ALBA Act of 2013 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the Senate. (2) ALBA countries The term ALBA countries means Venezuela, Nicaragua, Bolivia, and Ecuador. (3) ALBA Governments The term ALBA Governments means the Governments of Venezuela, Nicaragua, Bolivia, and Ecuador. (4) Human rights The term human rights has the meaning given such term in the Inter-American Democratic Charter. (5) Sensitive technology (A) In general The term sensitive technology means hardware, software, telecommunications equipment, or any other technology that the President determines is to be used specifically to— (i) restrict the free flow of unbiased information; or (ii) disrupt, monitor, or otherwise restrict freedom of speech. (B) Exception The term sensitive technology does not include information or informational materials the exportation of which the President does not have the authority to regulate. 3. Findings Congress finds the following: (1) The 2004 Venezuelan Law on Social Responsibility of Radio and Television gives the government the authority to control radio and television content. (2) According to the Department of State’s annual Country Reports on Human Rights Practices for 2012 for Venezuela, The following human rights problems were reported by nongovernmental organizations (NGOs), the media, and in some cases the government itself: unlawful killings, including summary killings by rogue police elements; torture and other cruel, inhuman, or degrading treatment; inadequate juvenile detention centers; arbitrary arrests and detentions; corruption and impunity in police forces; political prisoners; interference with privacy rights; corruption at all levels of government; threats against domestic NGOs; violence against women; anti-Semitism in the official media; trafficking in persons; violence based on sexual orientation and gender identity; and restrictions on workers’ right of association. . (3) In December 2010, the Venezuelan Congress passed the Law on Political Sovereignty and National Self-Determination, which threatens sanctions against any political organization that receives foreign funding or hosts foreign visitors who criticize the government. (4) According to Freedom House’s Freedom in the World Report of 2012 on Venezuela, Politicization of the judicial branch has increased under Chávez, and high courts generally do not rule against the government. . (5) According to the Department of State’s Country Reports on Human Rights Practices for 2012 for Venezuela, The principal human rights abuses reported during the year included corruption, inefficiency, and politicization in the judicial system; government actions to impede freedom of expression; and harsh and life-threatening prison conditions. The government harassed and intimidated privately owned television stations, other media outlets, and journalists throughout the year, using threats, fines, property seizures, targeted regulations, and criminal investigations and prosecutions. The government did not respect judicial independence or permit judges to act according to the law without fear of retaliation. The government used the judiciary to intimidate and selectively prosecute political, union, business, and civil society leaders who were critical of government policies or actions. Failure to provide for due process rights, physical safety, and humane conditions for inmates contributed to widespread violence, riots, injuries, and deaths in prisons. . (6) According to Freedom House’s Freedom in the World Report of 2012 on Nicaragua, The press has faced increased political and judicial harassment since 2007, as the Ortega administration engages in systematic efforts to obstruct and discredit media critics. Journalists have received death threats, and some have been killed in recent years, with a number of attacks attributed to FSLN sympathizers. . (7) According to Freedom House’s Freedom in the World Report of 2012 on Nicaragua, Nicaragua’s political rights rating declined from 4 to 5 due to shortcomings regarding the constitutionality of Daniel Ortega’s presidential candidacy, reported irregularities, and the absence of transparency throughout the electoral process, and the Supreme electoral Tribunal’s apparent lack of neutrality. . (8) According to the Department of State’s annual Country Reports on Human Rights Practices for 2012 for Nicaragua, The principal human rights abuses were restrictions on citizens’ right to vote, including significantly biased policies to promote single party dominance, and withholding of accreditation from election-monitoring nongovernmental organizations (NGOs); widespread corruption, including in the police, CSE, Supreme Court of Justice (CSJ), and other government organs; and societal violence, particularly against women and lesbian, gay, bisexual, and transgender (LGBT) persons. Additional significant human rights abuses included police abuse of suspects during arrest and detention; harsh and life-threatening prison conditions; arbitrary and lengthy pretrial detention; erosion of freedom of speech and press, including government intimidation and harassment of journalists and independent media; government harassment and intimidation of NGOs; trafficking in persons; discrimination against ethnic minorities and indigenous persons and communities; societal discrimination against persons with disabilities; discrimination against persons with HIV/AIDS; and violations of trade union rights. . (9) According to Freedom House’s Freedom in the World Report of 2012 on Ecuador, In February 2011, Guayaquil’s leading newspaper, El Universo, published an opinion column suggesting that Correa could be held accountable in the future for the use of lethal force during the rescue operation. In response, Correa lodged a lawsuit against the author and the owners of the newspaper. All four defendants were found guilty of aggravated defamation and sentenced in July to three-year prison sentences and an unprecedented fine of $40 million. International human rights and press freedom organizations, along with the Organization of American States (OAS) and the United Nations, denounced the court decision as a clear effort to intimidate the press. . (10) Freedom House gave Ecuador a downward trend arrow in 2012 due to the government’s intensified campaign against opposition leaders and intimidation of journalists, its excessive use of public resources to influence a national referendum, and the unconstitutional restructuring of the judiciary. . (11) According to the Department of State’s annual Country Reports on Human Rights Practices for 2012 for Ecuador, The main human rights abuses were the use of excessive force by public security forces, restrictions on freedom of speech, press, and association; and corruption by officials. President Correa and his administration continued verbal and legal attacks against the media and used legal mechanisms such as libel laws and administrative regulations to suppress freedom of the press. Corruption was widespread, and questions continued regarding transparency within the judicial sector, despite attempts at procedural reform. The following human rights problems continued: isolated unlawful killings, poor prison conditions, arbitrary arrest and detention, abuses by security forces, a high number of pretrial detainees, and delays and denial of due process within the judicial system. Societal problems continued, including physical aggression against journalists; violence against women; discrimination against women, indigenous persons, Afro-Ecuadorians, and persons based on their sexual orientation; trafficking in persons and exploitation of minors; and child labor. . (12) According to the Department of State’s annual Country Reports on Human Rights Practices for 2012 for Bolivia, The most serious human rights problems included arbitrary arrest or detention, denial of a fair and timely public trial, and violence against women. Additional human rights problems included harsh prison conditions, restrictions on freedom of speech and press, official corruption in the judiciary and elsewhere, lack of government transparency, trafficking in persons, and vigilante justice. Societal discrimination continued against women; members of racial and ethnic minority groups; indigenous persons; individuals with disabilities; lesbian, gay, bisexual and transgender (LGBT) persons; and those with HIV/AIDS. . (13) According to Freedom House’s Freedom in the World Report of 2012 on Bolivia, Corruption remains a major problem in Bolivia, affecting a range of government entities and economic sectors, including extractive industries. . (14) According to Freedom House’s Freedom in the World Report of 2012 on Bolivia, In July 2011, Morales signed a new telecommunications law requiring that state-run media control 33 percent of all broadcast licenses. Press freedom advocates welcomed the idea of expanding media access to new groups, but expressed fears that local and indigenous outlets would lack the financial resources to operate independently and could fall under government control. The law also allows the government to access any private communication, including e-mail and telephone calls, for reasons of national security or any other emergency. . (15) Mr. Jacob Ostreicher, who has been detained in the notorious Palmasola prison in Santa Cruz de la Sierra, Bolivia, since June 4, 2011, is one of the United States citizens who currently is enduring multiple, egregious, and continuous violations of his fundamental due process and human rights under both local and international law. 4. Actions at the Organization of American States The Secretary of State shall direct the United States Permanent Representative to the Organization of American States to use the voice, vote, and influence of the United States at the Organization of American States to defend, protect, and strengthen the independent Inter-American Commission on Human Rights to advance the protection of human rights throughout the Western Hemisphere. 5. Imposition of sanctions on certain persons who are responsible for or complicit in human rights abuses committed against citizens of ALBA countries or their family members after February 2, 1999 (a) In general The President shall impose sanctions described in subsection (c) with respect to each person on the list required by subsection (b). (b) List of persons who are responsible for or complicit in certain human rights abuses (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of persons who are officials of ALBA Governments or persons acting on behalf of ALBA Governments, who the President determines, based on credible evidence, are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of ALBA countries or their family members on or after February 2, 1999. (2) Updates of list The President shall transmit to the appropriate congressional committees an updated list under paragraph (1)— (A) not later than 180 days after the date of the enactment of this Act; and (B) as new information becomes available. (3) Public availability The list required under paragraph (1) shall be made available to the public and posted on the Web sites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations In preparing the list required under paragraph (1), the President may consider credible data already obtained by other countries and nongovernmental organizations, including organizations in ALBA countries, that monitor the human rights abuses of ALBA Governments. (c) Sanctions described The sanctions described in this subsection are ineligibility for a visa to enter the United States and sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property, subject to such regulations as the President may prescribe, including regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations. (d) Termination of sanctions The provisions of this section shall terminate on the date on which the President determines and certifies to the appropriate congressional committees that the ALBA Governments have— (1) unconditionally released all political prisoners; (2) ceased violence, unlawful detention, torture, and abuse of its citizens; (3) conducted a transparent investigation into the killings, arrests, and abuse of peaceful political activists and prosecuted the individuals responsible for such killings, arrests, and abuse; and (4) made public commitments to, and is making demonstrable progress toward— (A) establishing an independent judiciary; and (B) respecting the human rights and basic freedoms recognized in the Universal Declaration of Human Rights. 6. Imposition of sanctions with respect to the transfer of goods or technologies to ALBA countries that are likely to be used to commit human rights abuses (a) In general The President shall impose sanctions described in section 5(c) with respect to each person on the list required under subsection (b) of this section. (b) List (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of persons who the President determines have knowingly engaged in an activity described in paragraph (2) on or after such date of enactment. (2) Activity described (A) In general A person engages in an activity described in this paragraph if the person— (i) transfers, or facilitates the transfer of, goods or technologies described in subparagraph (C) to ALBA countries, any entity organized under the laws of ALBA countries, or any national of ALBA countries, for use in or with respect to ALBA countries; or (ii) provides services (including services relating to hardware, software, and specialized information, and professional consulting, engineering, and support services) with respect to goods or technologies described in subparagraph (C) after such goods or technologies are transferred to ALBA countries. (B) Applicability to contracts and other agreements A person engages in an activity described in subparagraph (A) without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before, on, or after the date of the enactment of this Act. (C) Goods or technologies described Goods or technologies described in this subparagraph are goods or technologies that the President determines are likely to be used by ALBA Governments or any of the agencies or instrumentalities of ALBA Governments (or by any other person on behalf of ALBA Governments or any of such agencies or instrumentalities) to commit serious human rights abuses against the people of ALBA countries, including— (i) firearms or ammunition (as such terms are defined in section 921 of title 18, United States Code), rubber bullets, police batons, pepper or chemical sprays, stun grenades, electroshock weapons, tear gas, water cannons, or surveillance technology; or (ii) sensitive technology. (3) Special rule to allow for termination of sanctionable activity The President shall not be required to include a person on the list required under paragraph (1) if the President certifies in writing to the appropriate congressional committees that— (A) the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and (B) the President has received reliable assurances that such person will not knowingly engage in any activity described in such paragraph (2) in the future. (4) Updates of list The President shall transmit to the appropriate congressional committees an updated list under paragraph (1)— (A) not later than 180 days after the date of the enactment of this Act; and (B) as new information becomes available. (5) Form of list; Public availability (A) Form The list required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability The unclassified portion of the list required under paragraph (1) shall be made available to the public and posted on the Web sites of the Department of the Treasury and the Department of State. 7. Imposition of sanctions with respect to persons who engage in censorship or other related activities against citizens of ALBA countries (a) In general The President shall impose sanctions described in section 5(c) with respect to each person on the list required under subsection (b) of this section. (b) List of persons who engage in censorship (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of persons who the President determines have, on or after February 2, 1999, engaged in censorship or other activities with respect to ALBA countries that— (A) prohibit, limit, or penalize the exercise of freedom of expression or assembly by citizens of ALBA countries; or (B) limit access to print or broadcast media, including the facilitation or support of intentional frequency manipulation by the ALBA Governments or an entity owned or controlled by ALBA Governments that would jam or restrict an international signal. (2) Updates of list The President shall transmit to the appropriate congressional committees an updated list under paragraph (1)— (A) not later than 180 days after the date of the enactment of this Act; and (B) as new information becomes available. (3) Form of list; Public availability (A) Form The list required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability The unclassified portion of the list required under paragraph (1) shall be made available to the public and posted on the Web sites of the Department of the Treasury and the Department of State. 8. Comprehensive strategy to promote Internet freedom and access to information Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury and the heads of other Federal departments and agencies, as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy to— (1) assist the people of ALBA countries to produce, access, and share information freely and safely via the Internet; (2) increase the capabilities and availability of secure mobile and other communications through connective technology among human rights and democracy activists in ALBA countries; (3) provide resources for digital safety training for media and academic and civil society organizations in ALBA countries; (4) increase emergency resources for the most vulnerable human rights advocates seeking to organize, share information, and support human rights in ALBA countries; (5) expand surrogate radio, television, live stream, and social network communications inside ALBA countries; (6) expand activities to safely assist and train human rights, civil society, and democracy activists in ALBA countries to operate effectively and securely; (7) expand access to proxy servers for democracy activists in ALBA countries; and (8) discourage telecommunications and software companies from facilitating Internet censorship by ALBA Governments. 9. Comprehensive strategy to ensure that ALBA Governments are democratic governments Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a comprehensive strategy to ensure that ALBA Governments are democratic governments that— (1) result from free and fair elections— (A) conducted under the supervision of internationally recognized observers; and (B) in which— (i) opposition parties were permitted ample time to organize and campaign for such elections; and (ii) all candidates were permitted full access to the media; (2) are showing respect for the basic civil liberties and human rights of the citizens of ALBA countries; (3) are substantially moving toward a market-oriented economic systems based on the right to own and enjoy property; (4) are committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and human rights by the citizens of ALBA countries; and (5) have made demonstrable progress in establishing independent judiciaries and electoral councils. 10. Statement of policy on political prisoners It shall be the policy of the United States— (1) to support efforts to research and identify prisoners of conscience and cases of human rights abuses in ALBA countries; (2) to offer refugee status or political asylum in the United States to political dissidents in ALBA countries if requested and consistent with the laws and national security interests of the United States; (3) to offer to assist, through the United Nations High Commissioner for Refugees, with the relocation of such political prisoners to other countries if requested, as appropriate and with appropriate consideration for the national security interests of the United States; and (4) to publicly call for the release of ALBA country dissidents by name and raise awareness with respect to individual cases of ALBA country dissidents and prisoners of conscience, as appropriate and if requested by the dissidents or prisoners themselves or their families.

https://www.govinfo.gov/content/pkg/BILLS-113hr1687ih/xml/BILLS-113hr1687ih.xml

113-hr-1688

I 113th CONGRESS 1st Session H. R. 1688 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit contracting with the enemy. 1. Short title This Act may be cited as the Never Contract With the Enemy Act . 2. Prohibition on contracting with the enemy (a) Statement of policy It shall be the policy of the United States that executive agencies shall not contract with the enemy or with a person or entity that has been identified as providing funds received under a contract, grant, or cooperative agreement directly or indirectly to an enemy of the United States or otherwise supporting those who are actively opposing the United States or coalition forces in a contingency operation. (b) Authority To terminate or void contracts, grants, and cooperative agreements and To restrict future award (1) In general Not later than 30 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to provide that, upon notice from a Senior Procurement Executive or the commander of a geographic combatant command under subsection (e)(3), the head of contracting activity of an executive agency may do the following: (A) If the notice is that a person or entity has been identified as providing funds received under a contract, grant, or cooperative agreement of the executive agency directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation— (i) either— (I) terminate for default the contract, grant, or cooperative agreement; or (II) void the contract, grant, or cooperative agreement in whole or in part; and (ii) restrict the future award to the person or entity so identified of contracts, grants, or cooperative agreements of the executive agency. (B) If the notice is that the person or entity has failed to exercise due diligence to ensure that none of the funds received under a contract, grant, or cooperative agreement of the executive entity are provided directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation, terminate for default the contract, grant, or cooperative agreement. (2) Treatment as void For purposes of this section: (A) A contract, grant, or cooperative agreement that is void is unenforceable as contrary to public policy. (B) A contract, grant, or cooperative agreement that is void in part is unenforceable as contrary to public policy with regard to a segregable task or effort under the contract, grant, or cooperative agreement. (c) Contract clause (1) In general Not later than 30 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require that— (A) the clause described in paragraph (2) shall be included in each covered contract, grant, and cooperative agreement of an executive agency that is awarded on or after the date of the enactment of this Act; and (B) to the maximum extent practicable, each covered contract, grant, and cooperative agreement of an executive agency that is awarded before the date of the enactment of this Act shall be modified to include the clause described in paragraph (2), other than the matter provided for in subparagraph (A) of that paragraph. (2) Clause described The clause described in this paragraph is a clause that— (A) requires the contractor, or the recipient of the grant or cooperative agreement, to certify in connection with entry into the contract, grant, or cooperative agreement that the contractor or recipient, as the case may be, has never knowingly provided funds directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise knowingly supported those who are actively opposing United States or coalition forces in a contingency operation; (B) requires the contractor, or the recipient of the grant or cooperative agreement, to exercise due diligence to ensure that none of the funds received under the contract, grant, or cooperative agreement are provided directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation; and (C) notifies the contractor, or the recipient of the grant or cooperative agreement, of the authority of the head of the contracting activity to terminate or void the contract, grant, or cooperative agreement, in whole or in part, as provided in subsection (b). (3) Covered contract, grant, or cooperative agreement In this subsection, the term covered contract, grant, or cooperative agreement means a contract, grant, or cooperative agreement with an estimated value in excess of $20,000. (d) Requirements following contract actions Not later than 30 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised as follows: (1) To require that any head of contracting activity taking an action under subsection (b) to terminate, void, or restrict a contract, grant, or cooperative agreement notify in writing the contractor or recipient of the grant or cooperative agreement, as applicable, of the action. (2) To permit, in such manner as the Federal Acquisition Regulation as so revised shall provide, the contractor or recipient of a grant or cooperative agreement subject to an action taken under subsection (b) to terminate or void the contract, grant, or cooperative agreement, as the case may be, an opportunity to contest the action within 30 days of receipt of notice of the action. (e) Identification of supporters of the enemy (1) Identification Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense and each Senior Procurement Executive shall carry out a program to use available intelligence (including information made available pursuant to subsection (g)(1)) to— (A) either— (i) in the case of the geographic combatant commands, review persons and entities who receive United States funds through contracts, grants, and cooperative agreements performed for such commands in their areas of responsibility; or (ii) in the case of the Senior Procurement Executives, review persons and entities who receive United States funds through contracts, grants, and cooperative agreements performed for their agencies; and (B) identify any such persons and entities who are providing funds received under a contract, grant, or cooperative agreement of an executive agency directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation. (2) Discharge by DoD through commanders of combatant commands The Secretary of Defense shall carry out the program required by paragraph (1) through the commanders of the geographic combatant commands. (3) Notification of contracting activities If a Senior Procurement Executive or the commander of a geographic combatant command, acting pursuant to a program required by paragraph (1), identifies a person or entity as actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation, the Senior Procurement Executive or commander, as the case may be, shall notify the heads of contracting activities of the executive agencies in writing of such identification. Any written notification pursuant to this paragraph shall be made in accordance with procedures established to implement the revisions to the Federal Acquisition Regulation required by this section. (4) Annual review As part of the programs required by paragraph (1), the Senior Procurement Executives and the commanders of the geographic combatant commands shall, on an annual basis, review the lists of persons and entities previously covered by a notice under paragraph (3) as having been identified pursuant to paragraph (1)(B) in order to determine whether or not such persons and entities continue to warrant identification pursuant to paragraph (1)(B). If a Senior Procurement Executive or commander determines pursuant to such a review that a person or entity no longer warrants identification pursuant to paragraph (1)(B), the Senior Procurement Executive or commander, as the case may be, shall notify the heads of contracting activities of the executive agencies in writing of such determination. (5) Protection of classified information Classified information relied upon to make an identification in accordance with this subsection may not be disclosed to a contractor or a recipient of a grant or cooperative agreement with respect to which an action is taken pursuant to the authority provided in subsection (b), or to their representatives, in the absence of a protective order issued by a court of competent jurisdiction established under Article I or Article III of the Constitution of the United States that specifically addresses the conditions upon which such classified information may be so disclosed. (f) Delegation of certain responsibilities (1) Responsibility to identify and provide notice A Senior Procurement Executive may delegate the responsibilities in paragraphs (1), (3), and (4) of subsection (e) to the designated deputy of such Executive. The commander of a geographic combatant command may delegate the responsibilities in such paragraphs to the deputy commander of that combatant command. Any delegation of responsibilities under this paragraph shall be made in writing. (2) Nondelegation of responsibility for contract actions The authority provided by subsection (b) to terminate, void, or restrict contracts, grants, and cooperative agreements may not be delegated below the level of head of contracting activity. (g) Additional responsibilities of executive agencies (1) Dissemination of information on supporters of the enemy The Secretary of Defense and the Administrator for Federal Procurement Policy shall jointly carry out a program through which the contracting activities of the executive agencies may provide information to Senior Procurement Executives and the commanders of the geographic combatant commands relating to persons or entities who may be providing funds received under contracts, grants, or cooperative agreements of the executive agencies directly or indirectly to an enemy of the United States or a person or entity who is actively supporting an enemy of the United States or otherwise supporting those who are actively opposing United States or coalition forces in a contingency operation. The program shall be designed to facilitate and encourage the sharing of information between executive agencies and the geographic combatant commands. (2) Inclusion of information on contract actions in FAPIIS Upon the termination, voiding, or restriction of a contract, grant, or cooperative agreement of an executive agency under subsection (b), the head of contracting activity of the executive agency shall provide for the inclusion in the Federal Awardee Performance and Integrity Information System (FAPIIS), or other formal system of records on contractors or entities, of appropriate information on the termination, voiding, or restriction, as the case may be, of the contract, grant, or cooperative agreement. (3) Reports The head of contracting activity that receives a notice pursuant to subsection (e)(3) shall submit to the Senior Procurement Executives and the commanders of the geographic combatant commands a report on the action, if any, taken by the head of contracting activity pursuant to subsection (b), including a determination not to terminate, void, or restrict the contract, grant, or cooperative agreement as otherwise authorized by subsection (b). (h) Reports (1) In general Not later than March 1 each year, the Secretary of Defense shall, in consultation with the heads of other executive agencies, submit to the appropriate committees of Congress a report on the use of the authorities in this section in the preceding calendar year, including the following: (A) For each instance in which an executive agency exercised the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (b), the following: (i) The executive agency taking such action. (ii) An explanation of the basis for the action taken. (iii) The value of the contract, grant, or cooperative agreement voided or terminated. (iv) The value of all contracts, grants, or cooperative agreements of the executive agency in force with the person or entity concerned at the time the contract, grant, or cooperative agreement was terminated or voided. (B) For each instance in which an executive agency did not exercise the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (b) as requested pursuant to subsection (e)(3), the following: (i) The executive agency concerned. (ii) An explanation why the action was not taken. (2) Form Any report under this subsection may be submitted in classified form. (i) Other definitions In this section: (1) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Oversight and Government Reform, and the Committee on Appropriations of the House of Representatives. (2) The term combatant command means a command established pursuant to chapter 6 of title 10, United States Code. (3) The term contingency operation has the meaning given that term in section 101(a)(13) of title 10, United States Code. (4) The term enemy of the United States means any of the following: (A) Any person or organization determined by the Secretary of Defense or the Secretary of State to be hostile to United States forces or interests or providing support to any person or organization hostile to United States forces or interests during the time of a declared war, peacekeeping operation, or other military or contingency operation. (B) Any organization designated as a terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (5) The term executive agency has the meaning given that term in section 133 of title 41, United States Code. (6) The term head of contracting activity has the meaning given that term in subpart 601 of part 1 of the Federal Acquisition Regulation. (7) The term Senior Procurement Executive has the meaning given that term in section 1702 of title 41, United States Code. (j) Coordination with current authorities applicable to CENTCOM (1) Repeal of superseded authority Effective 30 days after the date of the enactment of this Act, section 841 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1510; 10 U.S.C. 2302 note) is repealed. (2) Use of superseded authorities in discharge of requirements In providing for the discharge of the requirements of this section by the Department of Defense, the Secretary of Defense may use and modify for that purpose requirements and procedures established by the Secretary for purposes of the discharge of the requirements of section 841 of the National Defense Authorization Act for Fiscal Year 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr1688ih/xml/BILLS-113hr1688ih.xml

113-hr-1689

I 113th CONGRESS 1st Session H. R. 1689 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Turner introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To prohibit certain real property from being named after a sitting Member of Congress. 1. Short title This Act may be cited as the Prohibiting Taxpayer-Funded Monuments to Members of Congress Act . 2. Prohibition on naming certain real property after Member of Congress (a) Prohibition Real property under the jurisdiction of the Federal Government, or constructed using Federal funds, shall not be named after, or otherwise officially identified by the name of, any individual who is a Member of Congress at the time the property is so named or identified. (b) Definitions In this section: (1) The term Member of Congress includes a Delegate or Resident Commissioner to the Congress. (2) The term real property includes structures, buildings, or other infrastructure. (c) Application of section The prohibition in this section shall apply only with respect to real property named after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1689ih/xml/BILLS-113hr1689ih.xml

113-hr-1690

I 113th CONGRESS 1st Session H. R. 1690 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Vargas (for himself, Mr. LaMalfa , Mrs. Napolitano , Mr. Enyart , Ms. Bass , Mr. Lowenthal , Mr. Rush , Mr. Cárdenas , Mrs. Davis of California , Mr. Honda , Ms. Jackson Lee , Mrs. Negrete McLeod , Mr. Gutierrez , Mr. Poe of Texas , Mr. Takano , and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to remove knowledge of age as an element of the offense for the sex trafficking of children or by force, fraud, or coercion. 1. Short title This Act may be cited as the Child Protection Act of 2013 or as Hazel’s Law . 2. Knowledge of age not required for sex trafficking of children or by force, fraud, or coercion Section 1591(c) of title 18, United States Code, is amended— (1) by striking in which the defendant had a reasonable opportunity to observe the person so recruited, enticed, harbored, transported, provided, obtained or maintained ; and (2) by inserting so recruited, enticed, harbored, transported, provided, obtained or maintained after the Government need not prove that the defendant knew that the person .

https://www.govinfo.gov/content/pkg/BILLS-113hr1690ih/xml/BILLS-113hr1690ih.xml

113-hr-1691

I 113th CONGRESS 1st Session H. R. 1691 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Vargas introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the transfer of certain public land currently administered by the Bureau of Land Management to the administrative jurisdiction of the Secretary of the Navy for inclusion in the Chocolate Mountain Aerial Gunnery Range, California, and for other purposes. 1. Short title This Act may be cited as the Chocolate Mountain Aerial Gunnery Range Transfer Act of 2013 . 2. Transfer of administrative jurisdiction, Chocolate Mountain Aerial Gunnery Range, California (a) Transfer required The Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of the Navy the surface estate in certain public land administered by the Bureau of Land Management in Imperial and Riverside Counties, California, consisting of approximately 226,711 acres, as generally depicted on the map titled Chocolate Mountain Aerial Gunnery Range Proposed–Withdrawal dated 1987 (revised July 1993), and identified as WESTDIV Drawing No. C–102370, which was prepared by the Naval Facilities Engineering Command of the Department of the Navy and is on file with the California State Office of the Bureau of Land Management. (b) Valid existing rights The transfer of administrative jurisdiction under subsection (a) shall be subject to any valid existing rights, including any property, easements, or improvements held by the Bureau of Reclamation and appurtenant to the Coachella Canal. The Secretary of the Navy shall provide for reasonable access by the Bureau of Reclamation for inspection and maintenance purposes not inconsistent with military training. (c) Time for conveyance The transfer of administrative jurisdiction under subsection (a) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy, but in no case later than the date of the completion of the boundary realignment required by section 4. (d) Map and legal description (1) Preparation and publication The Secretary of the Interior shall publish in the Federal Register a legal description of the public land to be transferred under subsection (a). (2) Submission to congress The Secretary of the Interior shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives— (A) a copy of the legal description prepared under paragraph (1); and (B) a map depicting the legal description of the transferred public land. (3) Availability for public inspection Copies of the legal description and map filed under paragraph (2) shall be available for public inspection in the appropriate offices of— (A) the Bureau of Land Management; (B) the Office of the Commanding Officer, Marine Corps Air Station Yuma, Arizona; (C) the Office of the Commander, Navy Region Southwest; and (D) the Office of the Secretary of the Navy. (4) Force of law The legal description and map filed under paragraph (2) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description or map. (5) Reimbursement of costs The transfer required by subsection (a) shall be made without reimbursement, except that the Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to prepare the legal description and map under this subsection. 3. Management and use of transferred land (a) Use of transferred land Upon the receipt of the land under section 2, the Secretary of the Navy shall administer the land as the Chocolate Mountain Aerial Gunnery Range, California, and continue to authorize use of the land for military purposes. (b) Protection of desert tortoise Nothing in the transfer required by section 2 shall affect the prior designation of certain lands within the Chocolate Mountain Aerial Gunnery Range as critical habitat for the desert tortoise (Gopherus Agassizii). (c) Withdrawal of Mineral Estate Subject to valid existing rights, the mineral estate of the land to be transferred under section 2 are withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws. (d) Integrated natural resources management plan Not later than one year after the transfer of the land under section 2, the Secretary of the Navy, in cooperation with the Secretary of the Interior, shall prepare an integrated natural resources management plan pursuant to the Sikes Act ( 16 U.S.C. 670a et seq. ) for the transferred land and for land that, as of the date of the enactment of this Act, is under the jurisdiction of the Secretary of the Navy underlying the Chocolate Mountain Aerial Gunnery Range. 4. Realignment of range boundary and related transfer of title (a) Realignment; purpose The Secretary of the Interior and the Secretary of the Navy shall realign the boundary of the Chocolate Mountain Aerial Gunnery Range, as in effect on the date of the enactment of this Act, to improve public safety and management of the Range, consistent with the following: (1) The northwestern boundary of the Chocolate Mountain Aerial Gunnery Range shall be realigned to the edge of the Bradshaw Trail so that the Trail is entirely on public land under the jurisdiction of the Department of the Interior. (2) The centerline of the Bradshaw Trail shall be delineated by the Secretary of the Interior in consultation with the Secretary of the Navy, beginning at its western terminus at Township 8 South, Range 12 East, Section 6 eastward to Township 8 South, Range 17 East, Section 32 where it leaves the Chocolate Mountain Aerial Gunnery Range. (b) Transfers related to realignment The Secretary of the Interior and the Secretary of the Navy shall make such transfers of administrative jurisdiction as may be necessary to reflect the results of the boundary realignment carried out pursuant to subsection (a). (c) Applicability of national environmental policy act of 1969 The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall not apply to any transfer of land made under subsection (b) or any decontamination actions undertaken in connection with such a transfer. (d) Decontamination The Secretary of the Navy shall maintain, to the extent funds are available for such purpose and consistent with applicable Federal and State law, a program of decontamination of any contamination caused by defense-related uses on land transferred under subsection (b). The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 2711 of title 10, United States Code. (e) Timeline The delineation of the Bradshaw Trail under subsection (a) and any transfer of land under subsection (b) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy, but in no case later than two years after the date of the enactment of this Act. 5. Effect of termination of military use (a) Notice and effect Upon a determination by the Secretary of the Navy that there is no longer a military need for all or portions of the land transferred under section 2, the Secretary of the Navy shall notify the Secretary of the Interior of such determination. Subject to subsections (b), (c), and (d), the Secretary of the Navy shall transfer the land subject to such a notice back to the administrative jurisdiction of the Secretary of the Interior. (b) Contamination Before transmitting a notice under subsection (a), the Secretary of the Navy shall prepare a written determination concerning whether and to what extent the land to be transferred are contaminated with explosive, toxic, or other hazardous materials. A copy of the determination shall be transmitted with the notice. Copies of the notice and the determination shall be published in the Federal Register. (c) Decontamination The Secretary of the Navy shall decontaminate any contaminated land that is the subject of a notice under subsection (a) if— (1) the Secretary of the Interior, in consultation with the Secretary of the Navy, determines that— (A) decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land); and (B) upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws; and (2) funds are appropriated for such decontamination. (d) Alternative The Secretary of the Interior is not required to accept land proposed for transfer under subsection (a) if the Secretary of the Interior is unable to make the determinations under subsection (c)(1) or if Congress does not appropriate a sufficient amount of funds for the decontamination of the land. 6. Temporary extension of existing withdrawal period Subsection (a) of section 806 of the California Military Lands Withdrawal and Overflights Act of 1994 (title VIII of Public Law 103–433 ; 108 Stat. 4505) is amended to read as follows: (a) Duration The withdrawal and reservation established by subsection (a) of section 803 shall terminate on October 31, 2014. The withdrawal and reservation established by subsection (b) of such section shall not terminate until the date on which the land transfer required by section 2 of the Chocolate Mountain Aerial Gunnery Range Transfer Act of 2013 is executed. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1691ih/xml/BILLS-113hr1691ih.xml

113-hr-1692

I 113th CONGRESS 1st Session H. R. 1692 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. McGovern (for himself, Mr. Wolf , Mr. Capuano , Mr. McCaul , Ms. Lee of California , Mr. Schock , Ms. Bass , Ms. Schakowsky , Mr. Van Hollen , Mr. Sherman , Mr. Grijalva , Ms. Edwards , Mr. Clay , Ms. Moore , Mrs. Carolyn B. Maloney of New York , Mr. Conyers , Mr. DeFazio , Mr. Carson of Indiana , Mr. Cicilline , Mr. Johnson of Georgia , Ms. McCollum , Mr. Michaud , Mr. Rush , Mr. Moran , Mr. Markey , Mr. McIntyre , Mr. Polis , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Financial Services , Oversight and Government Reform , 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 require the development of a comprehensive strategy to end serious human rights violations in Sudan, to create incentives for governments and persons to end support of and assistance to the Government of Sudan, to reinvigorate genuinely comprehensive peace efforts in Sudan, and for other purposes. 1. Short title; table of contents (a) Short title The Act may be cited as the Sudan Peace, Security, and Accountability Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Statement of policy. Sec. 5. Requirement of a comprehensive strategy to end serious human rights violations, promote democratic transformation, and create peace throughout Sudan. Sec. 6. Sanctionable acts. Sec. 7. Description of sanctions. Sec. 8. Ineligibility for visas and admission to the United States. Sec. 9. Prohibition on all transactions in property, goods, and technology. Sec. 10. Expanding sanctions and other authorities in support of peace in Sudan. Sec. 11. Report. Sec. 12. Termination of sanctions. 2. Definitions (1) Admitted; alien The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. (3) Financial institution The term financial institution has the meaning given that term under section 5312(a)(2) of title 31, United States Code. (4) Government of Sudan The term Government of Sudan means— (A) the government in Khartoum, Sudan, which is led by the National Congress Party; or (B) any successor government formed on or after the date of the enactment of this Act. (5) Military equipment The term military equipment means— (A) weapons, arms, supplies, or parts that readily may be used for military purposes, including radar systems, aerial weapons, or military-grade transport vehicles; or (B) supplies or services sold or provided directly or indirectly to any person or government participating, supporting, or assisting in armed conflict in Sudan. (6) Person The term person has the meaning given such term in section 2(9) of the Sudan Accountability and Divestment Act of 2007 ( 50 U.S.C. 1701 note; Public Law 110–174 ), including any board of directors or executives of such a person. (7) Support The term support or supported means— (A) any type of material, financial, or logistical assistance; or (B) in the case of the Government of Sudan, failure to prevent or punish serious human rights violations by a person in Sudan that is committing or assisting in the commission of serious human rights violations. (8) Serious violations of human rights The term serious violations of human rights includes the following: (A) Genocide, as described in section 1091 of title 18, United States Code. (B) Torture, as such term is defined in section 2340 of title 18, United States Code. (C) War crimes, as such term is defined in subsections (c) and (d) of section 2441 of title 18, United States Code. (D) Consistent patterns of gross violations of internationally recognized human rights as described in section 502b(a) of the Foreign Assistance Act of 1961. (E) Persecution, as interpreted by judicial and administrative case law in the application of section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(42)). (F) Acts or omissions described in the President’s Proclamation 8697—Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Participate in Serious Human Rights and Humanitarian Law Violations and Other Abuses (Aug. 4, 2011). 3. Findings (a) Findings Congress makes the following findings: (1) On October 21, 2002, the Sudan Peace Act was enacted into law as Public Law 107–245 . (2) 2013 marks ten years from the start of crimes in Darfur that were later found to constitute genocide, and 2014 marks ten years from when the House of Representatives, the Senate, and the United States concluded that crimes in Darfur committed by the Government of Sudan constituted genocide. (3) On July 22, 2004— (A) the House of Representatives adopted House Concurrent Resolution 467 by a vote of 422–0, concluding that crimes in Darfur constituted genocide; and (B) the Senate adopted Senate Concurrent Resolution 1330 by unanimous consent and declared, [T]he atrocities unfolding in Darfur, Sudan, are genocide. . (4) On September 9, 2004, then-Secretary of State Colin Powell testified before the Committee on Foreign Relations of the Senate that genocide has occurred and may still be occurring in Darfur and the Government of Sudan and the Janjaweed bear responsibility . (5) On December 23, 2004, the Comprehensive Peace in Sudan Act of 2004 was enacted into law as Public Law 108–497 . (6) On October 13, 2006, the Darfur Peace and Accountability Act of 2006 was enacted into law as Public Law 109–344 . (7) On April 27, 2007, the International Criminal Court (ICC) issued arrest warrants for— (A) former Sudanese Minister of the Interior Ahmad Muhammad Harun, who currently serves as Governor of the Sudanese state of South Kordofan, on 20 counts of crimes against humanity and 22 counts of war crimes in Darfur; and (B) Janjaweed Commander Ali Muhammad Ali Abd-Al-Rahman ( Ali Kushayb ) on 22 counts of crimes against humanity and 28 counts of war crimes. (8) On December 31, 2007, the Sudan Accountability and Divestment Act of 2007 was enacted into law as Public Law 110–174 . (9) In May 2008, the Government of Sudan invaded Abyei and has since forcibly removed the Ngok Dinka population, which subsequently led to the conclusion of the Abyei Roadmap agreement that called for an arbitration to resolve the dispute over the area’s boundaries. (10) On March 4, 2009, the ICC issued an arrest warrant for Omar al-Bashir, the sitting President of Sudan, on two counts of war crimes and five counts of crimes against humanity related to Darfur. (11) On July 10, 2010, the ICC issued a second arrest warrant for Omar al-Bashir, the sitting President of Sudan, on three counts of genocide related to Darfur. (12) On May 21, 2011, the Government of Sudan invaded the disputed Abyei region which resulted in the displacement of more than 113,000 civilians, almost all of whom were Ngok Dinka, and has not withdrawn its forces despite entering into an agreement to do so. (13) A United Nations report, dated May 29, 2011, stated that the invasion of the Abyei region by the Sudanese Armed Forces (SAF) could lead to ethnic cleansing . (14) On June 5, 2011, fighting erupted in South Kordofan, which included the aerial bombardment of civilian areas by the Sudanese Air Force, resulting in the displacement of more than 200,000 civilians. On September 1, 2011, similar fighting broke out in Blue Nile. (15) In July 2011, the Government of Sudan signed the Doha Document for Peace in Darfur with one rebel group, but the agreement did not include other significant groups. (16) Aerial bombardments in civilian areas of South Kordofan and Blue Nile have severely impeded the ability of the population to engage in normal agricultural activities, leading to the potential for a massive famine affecting hundreds of thousands of people, and has caused widespread displacement of civilians. Moreover, the Government of Sudan has continually blocked humanitarian relief to vulnerable populations devastated by its aerial bombardments. (17) On August 15, 2011, the United Nations Office of the High Commissioner for Human Rights released a preliminary report stating that alleged violations of international law by Sudanese forces in the South Kordofan region may constitute war crimes and crimes against humanity . Reported violations included extrajudicial killings, arbitrary arrests and illegal detention, forced disappearances, aerial bombardments and attacks against civilians, looting and destruction of civilian homes and villages, massive displacement, attacks on churches, interference with medical and humanitarian assistance, and allegations of targeted attacks against ethnic and racial groups and the existence of mass graves. Subsequent reports by the United Nations and other independent monitors document the continuation of theses violations throughout 2012 and the beginning of 2013. (18) On March 1, 2012, the ICC issued an arrest warrant against the current Sudanese Defense Minister Abdel Raheem Muhammad Hussein for crimes against humanity and war crimes committed in Darfur from August 2003 to March 2004. (19) Recent offensive operations in South Kordofan and Blue Nile by Sudanese Armed Forces have led to significant and increasing flows of refugees to Ethiopia and South Sudan, and on November 10, 2011, reports by the United Nations indicated that aerial bombardment by the Sudanese Armed Forces was used against a refugee camp in South Sudan. On January 24, 2012, UNHCR again condemned an air raid carried out at a refugee transit site located within South Sudan. (20) Reports of cross border ground attacks by Sudan into South Sudan, aerial bombardment inside South Sudan and the increasing presence of Sudanese military forces close to the border between Sudan and South Sudan are provocative acts that raise tensions between the two countries, increasing the risk of a military conflict and the aggravation of the humanitarian crisis. (21) In January 2013, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) stated that some 900,000 Sudanese people are in need of humanitarian aid in South Kordofan and Blue Nile provinces and in neighboring countries where they have sought refuge, describing their situation as bleak and urgent. OCHA further reported that there is a deficit of political will by both sides of the conflict to do what is necessary to provide access to international humanitarian agencies to help the people where they so urgently and desperately need aid. (22) In February 2013, the United Nations documented that over 1.5 million people have been displaced or severely affected as a result of violence in Darfur, Abyei, South Kordofan, and Blue Nile provinces, including some 90,000–100,000 Darfuris newly displaced in 2012. In addition, over 40,000 people of South Sudanese origin remain stranded in Khartoum State and are living in dire conditions awaiting repatriation to South Sudan. (23) There is sufficient evidence to conclude that the Government of Sudan and persons controlled or supported by the Government of Sudan are using military equipment to commit or assist in committing serious human rights violations. (24) In May 2012, the United Nations Security Council passed Resolution 2046, calling on the Governments of Sudan and South Sudan to address several remaining unresolved issues, including humanitarian access to South Kordofan and Blue Nile, or face consequences under Chapter VII of the United Nations Charter, including possible sanctions. (25) In July 2012, the Government of Sudan signed a Tripartite Agreement with the African Union, the League of Arab States, and the United Nations to allow international humanitarian access to South Kordofan and Blue Nile, but as of the beginning of March 2013, such access continues to be blocked by the Government of Sudan. (26) In September 2012, the Governments of Sudan and South Sudan signed a series of security and economic framework agreements. In March 2013, the two sides agreed to an implementation matrix and modalities for the demilitarized buffer zone along their shared borders, but the slow pace of implementation of those agreements and the lack of an agreement over the final status of Abyei and the demarcation of the north-south border threaten peace and stability in the region, and in particular peace and stability along the north-south borders of these countries. 4. Statement of policy (a) Statement of policy It shall be the policy of the United States to take urgent action to— (1) promote a genuinely comprehensive approach to resolving all issues related to serious human rights violations and political instability in Sudan, with the goal of encouraging a single, comprehensive agreement that provides a framework for democratic reform and lasting peace throughout all of Sudan, as well as a transparent, fair, and all-inclusive constitutional process; (2) ensure that work on a single, comprehensive solution to Sudan’s multiple conflicts runs parallel to negotiations between the Governments of Sudan and South Sudan but such comprehensive solution is not conditioned on the status of Sudan-South Sudan negotiations, and is coordinated effectively so as to prevent obstacles that may arise in Sudan-South Sudan from delaying or derailing work on such comprehensive solution; (3) identify actions to provide immediate protection to noncombatants throughout Sudan who have been victims of serious human rights violations or are vulnerable to becoming victims of serious human rights violations, including— (A) demanding that the Government of Sudan permit free and unfettered access for international humanitarian aid throughout Sudan, including throughout Darfur, South Kordofan, Blue Nile, and Abyei, and absent such agreement, the United States should seek other mechanisms to mitigate the effects of the lack of such humanitarian aid; (B) considering options, including in consultation with key international and regional actors described in paragraph (6), in which the United States could enforce the existing United Nations-imposed ban on offensive military flights over Darfur, as well as an extension of that ban to include South Kordofan, Blue Nile, and Abyei; (C) calling upon all persons and governments to immediately cease all selling, leasing, loaning, exporting, or otherwise transferring of military equipment to the Government of Sudan or to any person controlled or supported by the Government of Sudan; (D) engaging United States allies to adopt and impose sanctions against the Government of Sudan similar to the sanctions already enacted by the United States and the sanctions described in this Act so as to strengthen multilateral coordination and action to achieve a comprehensive resolution to Sudan’s multiple conflicts and unfettered access for international humanitarian aid for Sudan’s vulnerable populations; and (E) urging the United Nations Security Council to— (i) ban all sales, leases, loans, exports, or transfers of military equipment to the Government of Sudan or any person controlled or supported by the Government of Sudan; (ii) expand the existing ban on all military flights over Darfur provided for under paragraph 6 of United Nations Security Council Resolution 1591 (2005) to other areas of Sudan where there are currently serious human rights violations occurring, including in South Kordofan, Blue Nile, and Abyei; and (iii) authorize a peacekeeping force that contains a human rights monitoring component and the appropriate mandate and resources necessary to protect civilians to any area of Sudan not currently served by such a force and for which there is credible evidence of serious human rights violations; (4) promote free and transparent democratic reform in Sudan, including exploring methods through which the United States can provide technical support, training, capacity building, and funding to promote and strengthen democratic institutions, nongovernmental organizations, civil society, and representative political participation in Sudan, including those institutions and organizations that can represent and articulate the demands of marginalized constituencies, such as the peripheries, youth, women, nomads, and urban and rural poor; (5) hold persons and governments accountable for committing or assisting in the commission of serious human rights violations, or for supporting or assisting those persons and governments that commit or assist in the commission of human rights violations, including— (A) ensuring that all sanctions in effect against the Government of Sudan are exercised against all applicable Government of Sudan-controlled or supported persons and property, bearing in mind that the Government of Sudan may have nominally transferred certain state-controlled or supported persons and property to leaders within the National Congress Party (NCP) while preserving Government of Sudan control over or support of those persons and financial interests; (B) expanding sanctions to target the Government of Sudan and persons controlled or supported by the Government of Sudan in the commission or assistance of serious human rights violations throughout Sudan, including in Darfur, South Kordofan, Blue Nile, or Abyei; (C) formulating and enforcing sanctions against persons or governments outside of Sudan that support or assist the Government of Sudan or persons controlled or supported by the Government of Sudan in the commission or assistance of serious human rights violations in Sudan; (D) formulating and enforcing sanctions against persons or governments that fail to execute an International Criminal Court arrest warrant against any Government of Sudan official as described under section 6(d); (E) urging the United Nations Security Council to— (i) create a more comprehensive, international set of sanctions against the Government of Sudan and persons controlled or supported by the Government of Sudan that commit, assist in, or otherwise support serious human rights violations in Sudan; (ii) expand the ICC’s mandate beyond only Darfur to cover all of Sudan, including South Kordofan, Blue Nile, and Abyei; and (iii) adopt the broadest authority possible, including the application of the United Nations’ Charter Chapter 7 powers, to execute any ICC arrest warrants issued against any person in Sudan; (F) encouraging countries to cooperate in executing ICC arrest warrants related to allegations of genocide, war crimes, and crimes against humanity in Sudan; and (G) determining the extent of serious human rights violations throughout Sudan, including in Darfur, South Kordofan, Blue Nile, and Abyei, which may include sending an assessment team to interview refugees in Ethiopia and South Sudan; (6) ensure the resolution of all outstanding issues between the Governments of Sudan and South Sudan, including— (A) enhancing diplomacy with the African Union High Level Implementation Panel, the United Nations, and other key international and regional actors described in paragraph (6) that have significant influence or interests related to the region to assist the Governments of Sudan and South Sudan to continue high level engagement to resolve outstanding issues, address points of conflict, and ensure a peaceful relationship between the two countries, including— (i) reaching agreement on the final status of Abyei and the disputed border areas; and (ii) implementing fully the framework and cooperation agreements signed in September 2012 on security, oil, financial matters, nationality, trade, and other critical issues; and (B) insisting that the Governments of Sudan and South Sudan respect the political independence and territorial integrity of neighboring countries; and (7) engage with key international and regional actors, including the African Union, the United Nations, the European Union, the League of Arab States, China, Russia, Ethiopia, Qatar, Turkey, and other governments and persons that have significant influence or interests related to Sudan, in order to achieve the policies of this section and the overall goals of this Act. 5. Requirement of a comprehensive strategy to end serious human rights violations, promote democratic transformation, and create peace throughout Sudan (a) Requirement for development and submission of comprehensive strategy Not later than 180 days after the date of the enactment of this Act, the President shall develop and transmit to the appropriate congressional committees a comprehensive strategy in accordance with the statement of policy specified in section 4. (b) Contents of strategy The strategy required under subsection (a) shall include the following: (1) The development of an interagency plan and the commitment of resources to end serious human rights violations in Sudan, create a nationwide, comprehensive peace, and promote democratic reform. Such interagency plan shall describe— (A) the diplomatic, economic, intelligence, and military activities to be undertaken to address and end human rights violations, strengthen democratic institutions, and expand democratic participation and governance, including capacity building of Sudanese civil society, political parties, and nongovernmental organizations seeking peaceful democratic change; (B) the resources required to carry out the activities described in subparagraph (A), and the additional diplomatic personnel required in Sudan for such activities and outreach to civil society; (C) options for expanding United States diplomatic engagement with countries with close political or economic relations with Sudan, including China, Russia, Qatar, Egypt, and other traditional allies of Sudan, and with multilateral organizations, in order to promote and achieve a comprehensive peace process within Sudan; and (D) how sanctions against the Government of Sudan or Sudanese individuals shall be more effectively enforced, including by providing adequate resources and personnel to the Office of Foreign Assets Control (OFAC) within the Department of the Treasury, prioritizing the enforcement of sanctions against Sudan within OFAC, and mandating increased collection of intelligence information on Sudanese targets of sanctions. (2) A description of the United States diplomatic, economic, intelligence, and military actions and capabilities engaged, as of the date of the enactment of this Act, with Sudan, including multilateral efforts. (3) A review of governments and persons outside of Sudan that provide diplomatic, economic, intelligence, and military support or assistance to the Government of Sudan, including governments and persons that facilitate the export of military equipment to Sudan. (4) A list of governments and persons identified in paragraph 3 that may be committing sanctionable acts (as defined in section 6). (5) A process for providing timely and regular information to the President for the purpose of determining whether a government or person may be committing sanctionable acts (as defined in section 6). (6) An assessment of the United States diplomatic, economic, intelligence, and military actions and capabilities that reasonably may be utilized, strengthened, or improved to further the objective of ending serious human rights violations in Sudan and of promoting a nationwide, comprehensive peace and democratic reform strategy. This assessment should include multilateral and bilateral efforts through the United Nations, other governments and persons that have significant influence or interests in Sudan, and humanitarian NGOs. (c) Agencies specified The agencies involved in the development of the interagency plan required under subsection (b)(1) are the following: (1) The Department of State and the United States Agency for International Development (USAID), including the Special Envoy for Sudan and South Sudan, the Bureau of Democracy, Human Rights, and Labor (DRL), the Bureau of Conflict and Stabilization Operations, and USAID’s Bureau of Democracy, Conflict, and Humanitarian Assistance. (2) The Department of the Treasury, including the Office of Foreign Assets Control (OFAC). (3) The Department of Homeland Security. (4) The Department of Commerce, including the Bureau of Industry and Security (BIS). (5) The Department of Defense. (6) The National Security Council. (7) The Office of the Director of National Intelligence and the Central Intelligence Agency. (8) The Department of Justice. (d) Form The strategy required under this section shall be submitted in unclassified form, but may include a classified annex. 6. Sanctionable acts (a) Providing support or assistance in the commission of serious human rights violations in Sudan The President shall impose on any person or government at least two of the sanctions specified in section 7 if the President determines and certifies to the appropriate congressional committees that such person or government has supported or assisted the Government of Sudan or any person controlled or supported by the Government of Sudan in the commission, or assistance in the commission, of serious human rights violations in Sudan, including by— (1) selling, leasing, loaning, exporting, or otherwise transferring military equipment to the Government of Sudan or any person controlled or supported by the Government of Sudan; or (2) providing in any 12-month period any property, goods, technology, services, or other support in the amount of $500,000 or more, or any combination of such items or support the aggregate of which exceeds $500,000 in any such period, that directly and significantly contributes to the Government of Sudan or any person controlled or supported by the Government of Sudan to commit or assist in the commission of serious human rights violations. (b) Interfering with humanitarian aid The President shall impose on any person or government at least two of the sanctions specified in section 7 if the President determines and certifies to the appropriate congressional committees that such person or government is interfering or has interfered with the delivery of humanitarian aid to Sudan. (c) Impeding or threatening peace and stability in Sudan The President shall impose on any person or government at least two of the sanctions specified in section 7 if the President determines and certifies to the appropriate congressional committees that such person or government is impeding the peace process or threatening the stability of any part of Sudan or the region. (d) Failure To execute ICC arrest warrants against government of Sudan officials The President shall impose on any person or government at least two of the sanctions specified in section 7 if the President determines and certifies to the appropriate congressional committees that such person or government has failed to execute an International Criminal Court arrest warrant against any Government of Sudan official if such person or government— (1) had the jurisdictional authority to execute the warrant; (2) had the opportunity to execute the warrant; and (3) failed to do so without reasonable justification. (e) Exception for South Sudan No sanctions or other prohibitions described in this Act shall be imposed on any government or person that is acting on behalf of the Government of South Sudan in connection with— (1) the shipment or payment for oil from South Sudan; or (2) the advancement of peace between Sudan and South Sudan. (f) Exception for sales of humanitarian aid, including food, medicine, and medical devices No sanctions or other prohibitions described in this Act shall be imposed on any government or person that is or has conducted or facilitated the provision or sale of humanitarian aid, including food, medicine, or medical devices, to the Government of Sudan or any person controlled or supported by the Government of Sudan. 7. Description of sanctions (a) Sanctions The sanctions referred to in section 6 are the following: (1) The withdrawal, limitation, or suspension of United States development assistance under part I of the Foreign Assistance Act of 1961. (2) Directing the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency to not approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participation in an extension of credit with respect to the person or government identified by the President under section 6 of this Act. (3) The withdrawal, limitation, or suspension of United States security assistance under part II of the Foreign Assistance Act of 1961. (4) In accordance with section 701 of the International Financial Institutions Act, directing the United States executive director at international financial institutions referred to in such section to oppose and vote against loans primarily benefitting the person or government identified by the President under section 6 of this Act. (5) Ordering the heads of the appropriate United States departments and agencies not to issue any (or a specified number of) specific licenses, and not to grant any other specific authority (or a specified number of authorities), to export any goods or technology to the person or government identified by the President under section 6 of this Act, under— (A) the Export Administration Act of 1979 (as continued in effect by the International Emergency Economic Powers Act); (B) the Arms Export Control Act; (C) the Atomic Energy Act of 1954; or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the export or re-export of goods or services. (6) Prohibiting any United States financial institution or person from making loans or providing credits totaling more than $500,000 in any 12-month period to the person or government identified by the President under section 6 of this Act. (7) Prohibiting the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the person or government identified by the President under section 6 of this Act. (8) Downgrading, suspending, or canceling at least one official, economic, cultural, or scientific visit, meeting, or contact between any person or government within the jurisdiction of the United States and the government identified by the President under section 6 of this Act. (b) Presidential authority for additional sanctions The President may impose additional sanctions not specified in subsection (a) pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) with respect to any person or government identified by the President under section 6 of this Act. (c) Waiver The President may waive the application of section 6 of this Act with respect to any person or government identified by the President under such section if the President determines that such a waiver is in the national interests of the United States. At least 30 days before granting such a waiver, the President shall provide the appropriate congressional committees notice of, and a justification for, such waiver. 8. Ineligibility for visas and admission to the United States (a) In general An alien is ineligible to receive any visa to enter the United States if the President has made a determination regarding the alien under section 6. (b) Revocation The Secretary of State shall revoke, including retroactively revoke if the alien has been admitted to the United States, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), the visa or other documentation of any alien if the President has made a determination regarding the alien under section 6 of this Act. (c) Inadmissibility and removability (1) Inadmissibility An arriving alien may be charged under any applicable provision of section 212 of the Immigration and Nationality Act if the President has made a determination regarding the alien under section 6. (2) Removability An alien admitted to the United States may be charged under any applicable provision of section 237 of the Immigration and Nationality Act if the President has made a determination regarding the alien under section 6. (d) Certain family members also ineligible for visas and admission The following persons, if they are aliens, are subject to subsections (a) through (c) if the President has made a determination under section 6 with respect to an alien: (1) The spouse of the alien identified by the President under section 6. (2) The natural, adopted, or step- son or daughter of the alien so identified. (3) The natural or legal parents, step-parents, or guardians of the alien so identified. (4) The natural or legal grandparents or step-grandparents of the alien so identified. (e) Visa waiver The Secretary of State may waive the application of subsections (a), (b), and (d) if the Secretary determines that such a waiver is in the national interests of the United States. At least 30 days before granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. (f) Inadmissibility and removal waiver The Secretary of Homeland Security may waive the application of subsections (c) and (d) if the Secretary determines that such a waiver is in the national interests of the United States. At least 30 days before granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. 9. Prohibition on all transactions in property, goods, and technology (a) Prohibition of property transactions The Secretary of the Treasury shall block and prohibit all transactions in all property and interests in property, including any goods or technology, of any person or government in the United States, that come within the United States, or that are or come within the possession or control of a person within the jurisdiction of the United States, if a person or government— (1) is designated by the President under section 6; or (2) acts as an agent of or on behalf of a person or government designated by the President under section 6 in a matter relating to the activity for which the person or government was added to that list. (b) Waiver for national interests The Secretary of the Treasury may waive the application of subsection (a) if the Secretary determines that such a waiver is in the national interests of the United States. At least 30 days before granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, the waiver. (c) Enforcement (1) Penalties A person or government that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties specified in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (2) Requirements for financial institutions (A) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to require each financial institution in the United States— (i) to perform an audit of the assets within the possession or control of the financial institution to determine whether any of such assets are required to be frozen pursuant to subsection (a); and (ii) to submit to the Secretary— (I) a report containing the results of the audit; and (II) a certification that, to the best of the knowledge of the financial institution, the financial institution has frozen all assets within the possession or control of the financial institution that are required to be so frozen. (B) Penalties The penalties provided for in sections 5321(a) and 5322 of title 31, United States Code, shall apply to a financial institution that violates a regulation prescribed under subparagraph (A) in the same manner and to the same extent as such penalties would apply to any person that is otherwise subject to such sections 5321(a) or 5322. (d) Regulatory authority The Secretary of the Treasury shall issue such regulations, licenses, or orders as are necessary to carry out this section. 10. Expanding sanctions and other authorities in support of peace in Sudan (a) Blocking of assets and restriction on visas of certain individuals identified by the President Section 6(c) of the Comprehensive Peace in Sudan Act of 2004 ( Public Law 108–497 ; 50 U.S.C. 1701 note) is amended— (1) by striking Darfur Peace and Accountability Act of 2006 each place it appears and inserting Sudan Peace, Security, and Accountability Act of 2013 ; and (2) by striking in Darfur each place it appears and inserting in Sudan . (b) Sanctions against Janjaweed commanders and coordinators or other individuals Section 5(c) of the Darfur Peace and Accountability Act of 2006 ( Public Law 109–344 ; 50 U.S.C. 1701 note) is amended— (1) by inserting and as amended by section 10(a) of the Sudan Peace, Security, and Accountability Act of 2013, after as added by subsection (a) ; and (2) by striking in Darfur and inserting in Sudan . (c) Additional authorities To deter and suppress genocide in Sudan (1) In general Section 6 of the Darfur Peace and Accountability Act of 2006 ( Public Law 109–344 ; 50 U.S.C. 1701 note) is amended— (A) in the section heading, by striking genocide in Darfur and inserting human rights violations in Sudan ; (B) by striking subsections (a) through (d); and (C) by redesignating subsections (e) and (f) as subsections (a) and (b), respectively. (2) Clerical amendment The table of contents for such Act is amended by striking the item relating to section 6 and inserting the following: Sec. 6. Additional authorities to deter and suppress human rights violations in Sudan. . (d) Continuation of restrictions Section 7(a) of the Darfur Peace and Accountability Act of 2006 ( Public Law 109–344 ; 50 U.S.C. 1701 note) is amended by striking the Government of Sudan is acting in good faith to and all that follows through the period at the end and inserting the Government of Sudan has met the requirements described in paragraphs (1) through (10) of section 12 of the Sudan Peace, Security, and Accountability Act of 2013. . (e) Rule of construction The amendments made to section 6 of the Comprehensive Peace in Sudan Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note) and section 7(a) of the Darfur Peace and Accountability Act of 2006 ( Public Law 109–344 ; 50 U.S.C. 1701 note) by this section may not be construed to affect in any manner any sanctions that were imposed pursuant to such section 6 or any restrictions imposed in accordance with such section 7(a), as the case may be, on or before the date of the enactment of this Act. (f) Reporting requirements The Sudan Peace Act ( Public Law 107–245 ; 50 U.S.C. 1701 note) is amended by striking section 8. 11. Report (a) Report required Not later than one year after the transmission of the strategy required under section 5 and every 180 days thereafter, the President shall prepare and transmit to the appropriate congressional committees a report on the progress made toward the implementation of the strategy. (b) Contents The report required under subsection (a) shall include— (1) a description and evaluation of actions taken toward the implementation of the comprehensive strategy required under section 5; (2) a description of efforts to address and end human rights violations and to strengthen and expand the capacity of civil society in the areas of governance and democratic reform; (3) a description of efforts to ensure, and the degree of success in ensuring, free and unfettered access and delivery of humanitarian aid to those individuals who need it, protect civilians from attack, and the cessation of attacks on noncombatants; (4) a description of efforts to identify any person or government that has engaged in any action under section 6 that would trigger the imposition of sanctions under section 7; (5) a description of efforts to renew engagement with key regional and international actors, including the African Union, the United Nations, the European Union, the League of Arab States, China, Russia, Ethiopia, Qatar, Turkey, and other governments and persons that have significant influence or interests related to Sudan on the issue of sanctions with respect to Sudan; (6) a description of efforts taken and progress made to update and expand the sanctions regime to target and include Government of Sudan and persons who have committed serious human rights violations in Sudan; and (7) a description of efforts to work with the African Union, the United Nations, the European Union, the League of Arab States, China, Russia, Ethiopia, Qatar, Turkey, and other governments and persons that have significant influence or interests related to Sudan to develop a comprehensive approach to Sudan’s many conflicts and engage the Government of Sudan in achieving a comprehensive agreement for democratic reform. (c) Form The report under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 12. Termination of sanctions The imposition of sanctions under sections 6 and 7 and the restrictions under sections 8 and 9 shall terminate on the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that the Government of Sudan has— (1) abided by all United Nations Security Council Resolutions related to peace and humanitarian issues in Sudan; (2) permanently ceased all attacks on noncombatants throughout Sudan; (3) demobilized and demilitarized any person controlled or supported by the Government of Sudan which has committed or assisted in serious human rights violations; (4) cooperated with efforts to disarm, demobilize, and deny safe haven in Sudan to members of the Lord’s Resistance Army; (5) granted free and unfettered access for delivery of humanitarian assistance; (6) allowed for the safe and voluntary return of refugees and internally displaced persons; (7) provided genuine accountability for persons who have committed or assisted in serious human rights violations, including those persons with political or military command authority; (8) permitted free, transparent, and all-inclusive democratic reform in Sudan, with a constitutional process leading to free and fair elections having occurred or scheduled to occur in a reasonable amount of time; (9) complied in substance and spirit with all peace agreements signed since 2005, including the Darfur Peace Agreement (Abuja), the Doha Document for Peace in Darfur, all existing agreements with South Sudan, and any future agreements that may be reached to achieve the goals of this Act; and (10) negotiated in good faith for a resolution of all conflicts in Sudan.

https://www.govinfo.gov/content/pkg/BILLS-113hr1692ih/xml/BILLS-113hr1692ih.xml

113-hr-1693

I 113th CONGRESS 1st Session H. R. 1693 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Griffin of Arkansas (for himself, Mr. Crawford , and Mr. Womack ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide an exemption for community banks from the application of Basel III capital standards. 1. Exemption for community banks (a) Exemption The Federal banking regulators shall exempt community banks from any Basel III regulations. (b) Definitions For purposes of this section: (1) Community bank The term community bank means a depository institution, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ), with consolidated assets of $50,000,000,000 or less. (2) Basel III regulations The term Basel III regulations means the following: (A) The proposed regulation entitled Regulatory Capital Rules: Regulatory Capital, Implementation of Basel III, Minimum Regulatory Capital Ratios, Capital Adequacy, Transition Provisions, and Prompt Corrective Action , published on August 30, 2012. (B) The proposed regulation entitled Regulatory Capital Rules: Standardized Approach for Risk-Weighted Assets; Market Discipline and Disclosure Requirements; Proposed Rule , published on August 30, 2012. (C) The proposed regulation entitled Regulatory Capital Rules: Advanced Approaches Risk-Based Capital Rule; Market Risk Capital Rule; Proposed Rule , published on August 30, 2012. (D) Any other regulation issued by the Federal banking regulators, the purpose of which is to implement capital standards based on the agreement reached by the Basel Committee on Banking Supervision entitled Basel III: A Global Regulatory Framework for More Resilient Banks and Banking Systems . (3) Federal banking regulators The term Federal banking regulators means the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation.

https://www.govinfo.gov/content/pkg/BILLS-113hr1693ih/xml/BILLS-113hr1693ih.xml

113-hr-1694

I 113th CONGRESS 1st Session H. R. 1694 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Ellison (for himself, Mr. Paulsen , and Mr. Duffy ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To allow the Secretary of the Treasury to rely on State examinations for certain financial institutions, and for other purposes. 1. Short title This Act may be cited as the Money Remittances Improvement Act of 2013 . 2. Compliance authority for certain reporting requirements (a) Compliance with reporting requirements on monetary instrument transactions Section 5318(a) of title 31, United States Code, is amended— (1) in paragraph (5), by striking and at the end; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: (6) rely on examinations conducted by a State supervisory agency of a category of financial institution, if the Secretary determines that, under the laws of the State— (A) the category of financial institution is required to comply with this subchapter and regulations prescribed under this subchapter; or (B) the State supervisory agency is authorized to ensure that the category of financial institution complies with this subchapter and regulations prescribed under this subchapter; and . (b) Compliance with reporting requirements of other financial institutions Section 128 of Public Law 91–508 ( 12 U.S.C. 1958 ) is amended— (1) by striking this title and inserting this chapter and section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ) ; and (2) by inserting at the end the following: The Secretary may rely on examinations conducted by a State supervisory agency of a category of financial institution, if the Secretary determines that under the laws of the State, the category of financial institution is required to comply with this chapter and section 21 of the Federal Deposit Insurance Act (and regulations prescribed under this chapter and section 21 of the Federal Deposit Insurance Act), or the State supervisory agency is authorized to ensure that the category of financial institution complies with this chapter and section 21 of the Federal Deposit Insurance Act (and regulations prescribed under this chapter and section 21 of the Federal Deposit Insurance Act). . (c) Consultation with State agencies In issuing rules to carry out section 5318(a)(6) of title 31, United States Code, and section 128 of Public Law 91–508 ( 12 U.S.C. 1958 ), the Secretary of the Treasury shall consult with State supervisory agencies. (d) Information sharing Section 310(b)(2)(E) of title 31, United States Code, is amended by striking Federal regulatory agencies and inserting Federal and foreign regulatory agencies .

https://www.govinfo.gov/content/pkg/BILLS-113hr1694ih/xml/BILLS-113hr1694ih.xml

113-hr-1695

I 113th CONGRESS 1st Session H. R. 1695 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Scott of Virginia (for himself, Mr. Massie , Mr. Conyers , Ms. Bass , Mr. Cohen , Mr. Richmond , and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prevent unjust and irrational criminal punishments. 1. Short title This Act may be cited as the Justice Safety Valve Act of 2013 . 2. Authority to impose a sentence below a statutory minimum Section 3553 of title 18, United States Code, is amended by adding at the end the following: (g) Authority To impose a sentence below a statutory minimum To prevent an unjust sentence (1) General rule Notwithstanding any provision of law other than this subsection, the court may impose a sentence below a statutory minimum if the court finds that it is necessary to do so in order to avoid violating the requirements of subsection (a). (2) Court to give parties notice Before imposing a sentence under paragraph (1), the court shall give the parties reasonable notice of the court’s intent to do so and an opportunity to respond. (3) Statement in writing of factors The court shall state, in the written statement of reasons, the factors under subsection (a) that require imposition of a sentence below the statutory minimum. (4) Appeal rights not limited This subsection does not limit any right to appeal that would otherwise exist in its absence. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1695ih/xml/BILLS-113hr1695ih.xml

113-hr-1696

I 113th CONGRESS 1st Session H. R. 1696 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Poe of Texas (for himself, Mr. Welch , Mr. Thompson of California , Mr. Gibson , Mr. Gardner , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the publicly traded partnership ownership structure to energy power generation projects and transportation fuels, and for other purposes. 1. Short title This Act may be cited as the Master Limited Partnerships Parity Act . 2. Extension of publicly traded partnership ownership structure to energy power generation projects, transportation fuels, and related energy activities (a) In general Subparagraph (E) of section 7704(d)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking income and gains derived from the exploration and inserting income and gains derived from the following: (i) Minerals, natural resources, etc The exploration , (2) by inserting or before industrial source , (3) by inserting a period after carbon dioxide , and (4) by striking , or the transportation or storage and all that follows and inserting the following: (ii) Renewable energy The generation of electric power exclusively utilizing any resource described in section 45(c)(1) or energy property described in section 48 (determined without regard to any termination date), or in the case of a facility described in paragraph (3) or (7) of section 45(d) (determined without regard to any placed in service date or date by which construction of the facility is required to begin), the accepting or processing of such resource. (iii) Electricity storage devices The receipt and sale of electric power that has been stored in a device directly connected to the grid. (iv) Combined heat and power The generation, storage, or distribution of thermal energy exclusively utilizing property described in section 48(c)(3) (determined without regard to subparagraphs (B) and (D) thereof and without regard to any placed in service date). (v) Renewable thermal energy The generation, storage, or distribution of thermal energy exclusively using any resource described in section 45(c)(1) or energy property described in clause (i) or (iii) of section 48(a)(3)(A). (vi) Waste heat to power The use of recoverable waste energy, as defined in section 371(5) of the Energy Policy and Conservation Act ( 42 U.S.C. 6341(5) ) (as in effect on the date of the enactment of the Master Limited Partnerships Parity Act ). (vii) Renewable fuel infrastructure The storage or transportation of any fuel described in subsection (b), (c), (d), or (e) of section 6426. (viii) Renewable fuels The production, storage, or transportation of any renewable fuel described in section 211(o)(1)(J) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(J) ) (as in effect on the date of the enactment of the Master Limited Partnerships Parity Act ) or section 40A(d)(1). (ix) Renewable chemicals The production, storage, or transportation of any renewable chemical (as defined in paragraph (6)). (x) Energy efficient buildings The audit and installation through contract or other agreement of any energy efficient building property described in section 179D(c)(1). (xi) Gasification with sequestration The production of any product from a project that meets the requirements of subparagraphs (A) and (B) of section 48B(c)(1) and that separates and sequesters in secure geological storage (as determined under section 45Q(d)(2)) at least 75 percent of such project's total qualified carbon dioxide (as defined in section 45Q(b)). (xii) Carbon capture and sequestration The generation or storage of electric power produced from any facility which is a qualified facility described in section 45Q(c) and which disposes of any captured qualified carbon dioxide (as defined in section 45Q(b)) in secure geological storage (as determined under section 45Q(d)(2)). . (b) Renewable chemical Section 7704(d) of such Code is amended by adding at the end the following new paragraph: (6) Renewable chemical The term renewable chemical means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass (as defined in section 9001(12) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101(12) , as in effect on the date of the enactment of the Master Limited Partnerships Parity Act ). . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, in taxable years ending after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr1696ih/xml/BILLS-113hr1696ih.xml

113-hr-1697

I 113th CONGRESS 1st Session H. R. 1697 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Luetkemeyer (for himself and Mrs. Kirkpatrick ) 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 refunds of Federal motor fuel excise taxes on fuels used in mobile mammography vehicles. 1. Short title This Act may be cited as the Mobile Mammography Promotion Act of 2013 . 2. Refunds of federal motor fuel excise taxes for fuel used in mobile mammography vehicles (a) Refunds Section 6427 of the Internal Revenue Code of 1986 (relating to fuels not used for taxable purposes) is amended by inserting after subsection (f) the following new subsection: (g) Fuels used in mobile mammography vehicles Except as provided in subsection (k), if any fuel on which tax was imposed by section 4041 or 4081 is used in any highway vehicle designed exclusively to provide mobile mammography services to patients within such vehicle, the Secretary shall pay (without interest) to the ultimate purchaser of such fuel an amount equal to the aggregate amount of the tax imposed on such fuel. . (b) Exemption from retail tax Section 4041 of such Code is amended by adding at the end the following new subsection: (n) Fuels used in mobile mammography vehicles No tax shall be imposed under this section on any liquid sold for use in, or used in, any highway vehicle designed exclusively to provide mobile mammography services to patients within such vehicle. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1697ih/xml/BILLS-113hr1697ih.xml

113-hr-1698

I 113th CONGRESS 1st Session H. R. 1698 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Gene Green of Texas (for himself and Mr. Barton ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend titles XIX and XXI of the Social Security Act to provide for 12-month continuous enrollment of individuals under the Medicaid program and Children’s Health Insurance Program, and for other purposes. 1. Short title This Act may be cited as the Stabilize Medicaid and CHIP Coverage Act . 2. Findings Congress finds the following: (1) Every year millions of people are enrolled in Medicaid and the Children’s Health Insurance Program (in this section referred to as CHIP ), but subsequently lose their coverage, despite still being eligible, because of inefficient and cumbersome paperwork and logistical requirements. (2) Data show that the typical enrollee receives Medicaid coverage for about three-quarters of a year. Coverage periods are lower for non-elderly, non-disabled adults than for those with disabilities, seniors, and children. (3) Medicaid enrollees with coverage disruptions are more likely to be hospitalized for illnesses like asthma, diabetes, or cardiovascular disease that can be effectively managed through ongoing primary medical care and medication, are less likely to be screened for breast cancer, and may have poorer cancer outcomes. (4) Children enrolled in CHIP also experience disruptions in health coverage and care. For example, during just a one-year period, over one-third of CHIP enrollees were also enrolled in a State’s Medicaid program. Transitions between Medicaid and CHIP can cause disruptions in care because the health care coverage and participating providers vary between the two programs. (5) Interruptions in coverage can impair the receipt of effective primary care and lead to expensive hospitalizations or emergency room visits. Unnecessary enrollment, disenrollment, and reenrollment in Medicaid and CHIP result in higher administrative expenses for re-enrollment and result in more people uninsured at any given time. (6) Stable coverage under Medicaid and CHIP lowers average monthly medical costs. (7) Continuous enrollment also permits better prevention and disease management, leading to fewer serious illnesses and hospitalizations. (8) Children with stable coverage are less likely to have unmet medical needs, allowing children to receive the preventive care that is necessary to help them grow into healthy adults. 3. 12-month continuous enrollment (a) Requirement of 12-Month continuous enrollment under Medicaid Section 1902(e)(12) of the Social Security Act ( 42 U.S.C. 1396a(e)(12) ) is amended to read as follows: (12) 12-month continuous enrollment Notwithstanding any other provision of this title, a State plan approved under this title (or under any waiver of such plan approved pursuant to section 1115 or section 1915), shall provide that an individual who is determined to be eligible for benefits under such plan (or waiver) shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends. . (b) Requirement of 12-Month continuous enrollment under CHIP (1) In general Section 2102(b) of the Social Security Act (42 U.S.C. 1397bb(b)) is amended by adding at the end the following new paragraph: (6) Requirement for 12-month continuous enrollment Notwithstanding any other provision of this title, a State child health plan that provides child health assistance under this title through a means other than described in section 2101(a)(2), shall provide that an individual who is determined to be eligible for benefits under such plan shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends. . (2) Conforming amendment Section 2105(a)(4)(A) of the Social Security Act ( 42 U.S.C. 1397ee(a)(4)(A) ) is amended— (A) by striking has elected the option of and inserting is in compliance with the requirement for ; and (B) by striking applying such policy under its State child health plan under this title and inserting in compliance with section 2102(b) . (c) Effective date (1) In general Except as provided in paragraph (2) or (3), the amendments made by subsections (a) and (b) shall apply to determinations (and redeterminations) of eligibility made on or after the date that is 18 months after the date of the enactment of this Act. (2) Extension of effective date for State law amendment In the case of a State plan under title XIX or State child health plan under title XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. , 42 U.S.C. 1397aa et seq. ) which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the respective plan to meet the additional requirement imposed by the amendment made by subsection (a) or (b), respectively, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such applicable additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. (3) Option to implement 12-month continuous eligibility prior to effective date A State may elect through a State plan amendment under title XIX or XXI of the Social Security Act (42 U.S.C. 1396 et seq., 42 U.S.C. 1397aa et seq. ) to apply the amendment made by subsection (a) or (b), respectively, on any date prior to the 18-month date specified in paragraph (1), but not sooner than the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1698ih/xml/BILLS-113hr1698ih.xml

113-hr-1699

I 113th CONGRESS 1st Session H. R. 1699 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. DeFazio (for himself, Mr. Polis , Ms. Gabbard , Ms. Pingree of Maine , Mr. Welch , Mr. Young of Alaska , Mr. George Miller of California , Ms. Slaughter , Mrs. Christensen , Ms. Schakowsky , Mr. Moran , Mr. Cicilline , Mr. McDermott , Mr. Grijalva , Mr. Blumenauer , Mr. Huffman , Ms. Lee of California , Ms. Speier , Mrs. Napolitano , Mr. Nadler , Mr. Connolly , Ms. Norton , and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to require that genetically engineered food and foods that contains genetically engineered ingredients be labeled accordingly. 1. Short title This Act may be cited as the Genetically Engineered Food Right-to-Know Act . 2. Purpose and findings (a) Purpose The purpose of this Act is to establish a consistent and enforceable standard for labeling of foods produced using genetic engineering, including fish, thereby providing consumers with knowledge of how their food is produced. (b) Findings Congress finds that— (1) the process of genetically engineering food organisms results in material changes to food derived from those organisms; (2) the Food and Drug Administration requires the labeling of more than 3,000 ingredients, additives, and processes; (3) individuals in the United States have a right to know if their food was produced with genetic engineering for a variety of reasons, including health, economic, environmental, religious, and ethical; (4) more than 60 countries, including the United Kingdom and all other countries of the European Union, South Korea, Japan, Brazil, Australia, India, China, and other key United States trading partners have laws or regulations mandating disclosure of genetically engineered food on food labels; (5) in 2011, Codex Alimentarius, the food standards organization of the United Nations, adopted a text that indicates that governments can decide on whether and how to label foods produced with genetic engineering; and (6) mandatory identification of food produced with genetic engineering can be a critical method of preserving the economic value of exports or domestically sensitive markets with labeling requirements for genetically engineered foods. 3. Amendments to the Federal Food, Drug, and Cosmetic Act (a) In general Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) (1) If it is a food that has been genetically engineered or contains 1 or more genetically engineered ingredients, unless such information is clearly disclosed, as determined by the Secretary. (2) This paragraph does not apply to food that— (A) is served in restaurants or other similar eating establishments, such as cafeterias and carryouts; (B) is a medical food (as defined in section 5(b) of the Orphan Drug Act); (C) is a food that would be subject to this paragraph solely because it was produced using a genetically engineered vaccine; or (D) is a food or processed food that would be subject to this paragraph solely because it includes the use of a genetically engineered processing aid (including yeast) or enzyme. (3) In this paragraph: (A) The term genetic engineering means a process involving the application of— (i) in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles; or (ii) fusion of cells beyond the taxonomic family that— (I) overcome natural physiological reproductive or recombinant barriers; and (II) are not techniques used in traditional breeding and selection. (B) The term genetically engineered , used with respect to a food, means a material intended for human consumption that is— (i) an organism that is produced through the intentional use of genetic engineering; or (ii) the progeny of intended sexual or asexual reproduction (or both) of 1 or more organisms that is the product of genetic engineering. (C) The term genetically engineered ingredient means a material that is an ingredient in a food that is derived from any part of an organism that has been genetically engineered, without regard to whether— (i) the altered molecular or cellular characteristics of the organism are detectable in the material; and (ii) the organism is capable for use as human food. . (b) Guaranty (1) In general Section 303(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(d) ) is amended— (A) by striking (d) and inserting (d)(1) ; and (B) by adding at the end the following: (2) (A) No person shall be subject to the penalties of subsection (a)(1) for a violation of subsection (a), (b), or (c) of section 301 involving food that is misbranded within the meaning of section 403(z) if such person (referred to in this paragraph as the recipient ) establishes a guaranty or undertaking that— (i) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received in good faith the food (including the receipt of seeds to grow raw agricultural commodities); and (ii) contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient. (B) In the case of a recipient who, with respect to a food, establishes a guaranty or undertaking in accordance with subparagraph (A), the exclusion under such subparagraph from being subject to penalties applies to the recipient without regard to the manner in which the recipient uses the food, including whether the recipient is— (i) processing the food; (ii) using the food as an ingredient in a food product; (iii) repacking the food; or (iv) growing, raising, or otherwise producing the food. (C) No person may avoid responsibility or liability for a violation of subsection (a), (b), or (c) of section 301 involving food that is misbranded within the meaning of section 403(z) by entering into a contract or other agreement that specifies that another person shall bear such responsibility or liability, except that a recipient may require a guaranty or undertaking as described in this subsection. (D) In this subsection, the terms genetically engineered and genetically engineered ingredient have the meanings given the terms in section 403(z). . (2) False guaranty Section 301(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331(h) ) is amended by inserting or 303(d)(2) after section 303(c)(2) . (c) Unintended contamination Section 303(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333(d) ), as amended by subsection (b), is further amended by adding at the end the following: (3) (A) No person shall be subject to the penalties of subsection (a)(1) for a violation of subsection (a), (b), or (c) of section 301 involving food that is misbranded within the meaning of section 403(z) if— (i) such person is an agricultural producer and the violation occurs because food that is grown, raised, or otherwise produced by such producer, which food does not contain a genetically engineered material and was not produced with a genetically engineered material, is contaminated with a food that contains a genetically engineered material or was produced with a genetically engineered material; and (ii) such contamination is not intended by the agricultural producer. (B) Subparagraph (A) does not apply to an agricultural producer to the extent that the contamination occurs as a result of the negligence of the producer. . (d) Promulgation of regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate proposed regulations establishing labeling requirements for compliance in accordance with section 403(z) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr1699ih/xml/BILLS-113hr1699ih.xml

113-hr-1700

I 113th CONGRESS 1st Session H. R. 1700 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Engel (for himself, Mrs. Lowey , and Mr. Payne ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the President to issue guidance on Federal response to a large-scale nuclear disaster. 1. Short title This Act may be cited as the Nuclear Disaster Preparedness Act . 2. Guidance for response to a nuclear disaster (a) Issuance Not later than 180 days after the date of enactment of this Act, the President, in consultation with the Secretary of Energy, the Secretary of Defense, the Administrator of the Environmental Protection Agency, the Nuclear Regulatory Commission, the Secretary of Homeland Security, and the Administrator of the Federal Emergency Management Agency, shall issue guidance on Federal response to nuclear disasters described in subsection (b). (b) Nuclear disasters described The guidance issued pursuant to subsection (a) shall be with respect to any nuclear disaster that— (1) may be caused by a natural catastrophe, an accident, or a terrorist or other attack; (2) occurs initially at a nuclear power plant; and (3) disperses radiation off the reactor site and into the surrounding area. (c) Guidance The guidance issued pursuant to subsection (a) shall— (1) designate the single Federal agency that is responsible for coordinating the Federal Government’s efforts in response to a nuclear disaster (in this Act referred to as the Coordinating Agency ), including making a formal declaration that a nuclear disaster exists; (2) identify the circumstances under which a formal declaration described in paragraph (1) will occur; (3) designate the single Federal agency that, in response to a nuclear disaster, is responsible for recommending to the Coordinating Agency— (A) the evacuation of the area within a 10-mile radius from the nuclear power plant; or (B) the evacuation of the area within a larger radius from the nuclear power plant, but not more than a radius of 50 miles; (4) identify the circumstances under which a recommendation described in paragraph (3) will be made; (5) designate the single Federal agency that is responsible for developing plans for an evacuation described in subparagraph (A) or (B) of paragraph (3), educating the public regarding such an evacuation, and conducting such an evacuation when directed to do so by the Coordinating Agency; (6) designate the single Federal agency that is responsible for recommending to the Coordinating Agency that evacuees may return following a nuclear disaster; (7) identify the circumstances under which a recommendation described in paragraph (6) will be made; (8) identify what cleanup standards will apply for a nuclear disaster; (9) designate the single Federal agency that is responsible for conducting cleanup of a nuclear disaster when directed to do so by the Coordinating Agency; and (10) identify any other roles and responsibilities of any Federal agency involved in the response effort to a nuclear disaster.

https://www.govinfo.gov/content/pkg/BILLS-113hr1700ih/xml/BILLS-113hr1700ih.xml

113-hr-1701

I 113th CONGRESS 1st Session H. R. 1701 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Poe of Texas 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 prohibit the Secretary of Health and Human Services replacing ICD–9 with ICD–10 in implementing the HIPAA code set standards. 1. Short title This Act may be cited as the Cutting Costly Codes Act of 2013 . 2. Prohibiting replacement of ICD–9 with ICD–10 in implementing HIPAA code set standards (a) In general The Secretary of Health and Human Services may not implement, administer, or enforce the regulations issued on January 16, 2009 (74 Federal Register 3328), the regulation issued on September 5, 2012 (77 Federal Register 54664), or any similar regulation, insofar as any such regulation provides for the replacement of ICD–9 with ICD–10 as a standard for code sets under section 1173(c) of the Social Security Act ( 42 U.S.C. 1320d–2(c) ) and section 162.1002 of title 45, Code of Federal Regulations. (b) GAO report on ICD–9 replacement (1) Study The Comptroller General of the United States, in consultation with stakeholders in the medical community, shall conduct a study to identify steps that can be taken to mitigate the disruption on health care providers resulting from a replacement of ICD–9 as such a standard. (2) Report Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to each House of Congress a report on such study. Such report shall include such recommendations respecting such replacement and such legislative and administrative steps as may be appropriate to mitigate the disruption resulting from such replacement as the Comptroller General determines appropriate.

https://www.govinfo.gov/content/pkg/BILLS-113hr1701ih/xml/BILLS-113hr1701ih.xml

113-hr-1702

I 113th CONGRESS 1st Session H. R. 1702 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Barber (for himself and Mr. Thornberry ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to make permanent the authority of the Secretary of Veterans Affairs to transport individuals to and from facilities of the Department of Veterans Affairs in connection with rehabilitation, counseling, examination, treatment, and care. 1. Short title This Act may be cited as the Veterans Transportation Service Act . 2. Transportation of individuals to and from facilities of Department of Veterans Affairs Section 111A(a) of title 38, United States Code, is amended— (1) by striking (1) The Secretary and inserting The Secretary ; and (2) by striking paragraph (2).

https://www.govinfo.gov/content/pkg/BILLS-113hr1702ih/xml/BILLS-113hr1702ih.xml

113-hr-1703

I 113th CONGRESS 1st Session H. R. 1703 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Boustany (for himself, Mrs. Blackburn , Mr. Gingrey of Georgia , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to permit States to reduce the amount of home equity that is exempted for purposes of determining eligibility for long-term care assistance under Medicaid and to eliminate the State Medicaid maintenance of effort requirement established under Public Law 111–148 with respect to eligibility standards to obtain Medicaid assistance for long-term care services. 1. Short title This Act may be cited as the Medicaid Program Integrity Act of 2013 . 2. State option to reduce Medicaid home equity exemption amount (a) In general Section 1917(f)(1) of the Social Security Act ( 42 U.S.C. 1396p(f)(1) ) is amended— (1) in subparagraph (B), by striking $500,000 , an amount that exceeds such amount, but does not exceed $750,000 and by inserting the following: $500,000— (i) an amount that exceeds such amount, but does not exceed $750,000; or (ii) an amount that is less than such amount, but is not less than $50,000. ; and (2) in subparagraph (C)— (A) by inserting (or beginning in 2014 in the case of subparagraph (B)(ii)) after beginning with 2011 ; and (B) by inserting (or nearest $100 in the case of subparagraph (B)(ii)) after nearest $1,000 . (b) Effective date The amendment made by subsection (a) shall apply to individuals who are determined eligible for medical assistance with respect to nursing facility services or other long-term care services based on an application filed on or after the date of the enactment of this Act. 3. Elimination of ACA maintenance of effort requirements with respect to Medicaid eligibility for long-term care services (a) In general Section 1902(gg) of the Social Security Act ( 42 U.S.C. 1396a(gg) ) is amended by adding at the end the following new paragraph: (5) Nonapplication in case of eligibility for medical assistance for long-term care services The requirement under paragraph (1) shall not apply to changes in standards (such as counting the value of life estates as a resource, counting the value of savings bonds in the year of their purchase, and not excluding the unpaid balance of an annuity as a resource) established for eligibility for medical assistance for long-term care services described in section 1917(c)(1)(C) so long as such changes would have been permitted under the law as in effect before the date of the enactment of Public Law 111–148. . (b) Effective date The amendment made by subsection (a) shall apply to standards for eligibility determinations made on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1703ih/xml/BILLS-113hr1703ih.xml

113-hr-1704

I 113th CONGRESS 1st Session H. R. 1704 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Braley of Iowa 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 deduction for start-up expenditures for business for 2013 and 2014. 1. Short title This Act may be cited as the Support Our Startups Act of 2013 . 2. Increase in deduction for start-up expenditures for 2013 and 2014 (a) In general Paragraph (3) of section 195(b) of the Internal Revenue Code of 1986 is amended— (1) by striking 2010 in the matter preceding subparagraph (A) and inserting 2010, 2013, or 2014 , and (2) by striking 2010 in the heading and inserting 2010, 2013, or 2014 . (b) Effective date The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr1704ih/xml/BILLS-113hr1704ih.xml

113-hr-1705

I 113th CONGRESS 1st Session H. R. 1705 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Burgess (for himself and Mr. Cotton ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide for certain forms of physical therapy under the TRICARE program. 1. Short title This Act may be cited as the Rehabilitative Therapy Parity for Military Beneficiaries Act . 2. Inclusion of certain forms of physical therapy under TRICARE Section 1077 of title 10, United States Code, is amended— (1) in subsection (a)(17), by inserting In accordance with subsection (g), before Any ; and (2) by adding at the end the following new subsection: (g) Rehabilitative therapy provided pursuant to subsection (a)(17) may include additional therapeutic exercises or therapeutic activities if such exercises or activities are included in the authorized individual plan of care of the individual receiving such therapy. Such exercises or activities may include, in addition to other therapeutic exercises or therapeutic activities, therapies provided on a horse, balance board, ball, bolster, and bench. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1705ih/xml/BILLS-113hr1705ih.xml

113-hr-1706

I 113th CONGRESS 1st Session H. R. 1706 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Cummings (for himself, Ms. Waters , Mr. George Miller of California , Mr. Conyers , Mr. Waxman , Mr. Tierney , Ms. Lofgren , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish an Independent Monitor to maintain oversight of the settlement by mortgage servicing companies that were subject to enforcement actions for unsafe and unsound practices related to residential mortgage loan servicing and foreclosure processing, and for other purposes. 1. Short title This Act may be cited as the Mortgage Settlement Monitoring Act of 2013 . 2. Findings The Congress finds the following: (1) In April 2011, the Federal Reserve System, the Office of the Comptroller of the Currency, and the then-Office of Thrift Supervision issued a joint report titled Interagency Review of Foreclosure Policies and Practices summarizing the results of horizontal reviews of the Nation’s 14 largest mortgage servicers finding critical weaknesses in servicers’ foreclosures governance practices, foreclosure document preparation processes, and oversight and monitoring of third-party vendors, including foreclosure attorneys, resulting in unsafe and unsound practices and violations of applicable Federal and State law requirements . (2) As part of federal enforcement actions addressing these unsafe and unsound practices related to residential mortgage loan servicing and foreclosure processing, fourteen mortgage servicing companies entered into consent orders with the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency beginning on April 13, 2011. (3) The consent orders required these mortgage servicers to undertake an Independent Foreclosure Review in order to ascertain individual harms and provide appropriate monetary relief to homeowners as a result of these business practice failures. Mortgage servicers contracted with third-party consultants approved by the federal agencies to conduct these reviews. (4) During the tenure of the Independent Foreclosure Review process, questions persisted concerning the nature and adequacy of the reviews and expected remediation as well as the independence of the third-party reviewers. (5) On February 28, 2013, the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency finalized amendments to the April 2011 consent orders with 11 of the 14 mortgage servicers. Under the terms of these orders, mortgage servicers are to provide cash payments and other assistance to borrowers—including more than $3,000,000,000 in direct cash payments to borrowers who had homes in foreclosure in 2009 or 2010—and the Independent Foreclosure Review process will cease for the mortgage servicers who agreed to enter into the amended consent orders. (6) On April 4, 2013, the Government Accountability Office (GAO) issued a report titled Foreclosure Review: Lessons Learned Could Enhance Continuing Reviews and Activities Under Amended Consent Orders which examined the Independent Foreclosure Review process. It found that the [c]omplexity of the reviews, overly broad guidance, and limited monitoring for consistency impeded the ability of the Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve System (Federal Reserve) to achieve the goals of the foreclosure review . The report also stated that limited communication with borrowers and the public adversely impacted transparency and public confidence, and the GAO recommended that the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency identify and apply lessons from the foreclosure review process, such as enhancing planning, and monitoring activities to achieve goals, as they develop and implement the activities under the amended consent orders . (7) In light of the significant harm caused by mortgage servicers’ unsafe and unsound business practices, and the lack of transparency surrounding the Independent Foreclosure Review process and the amended consent orders that replace this process, it is essential that thorough oversight be conducted over these new orders to ensure that all terms are fully enforced. Creation of an Office of the Independent Monitor, which will provide reports directly to Congress, will aid in meeting this objective. 3. Settlement defined For purposes of this Act, the term settlement means— (1) the amended consent orders finalized on February 28, 2013, between the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency and 11 mortgage servicing companies that were subject to enforcement actions for unsafe and unsound practices related to residential mortgage loan servicing and foreclosure processing; and (2) any future agreement between the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency and a mortgage servicing company, the terms of which are similar to the agreement described in paragraph (1). 4. Independent monitor (a) Establishment (1) In general There is hereby established the Office of the Independent Monitor, to be headed by the Independent Monitor. The purpose of the Independent Monitor shall be to determine the compliance of all parties to the settlement with the terms of the settlement and to provide expanded transparency over the implementation of the amended consent orders to rebuild the confidence of the general public. (2) Appointment (A) In general The President shall appoint, not later than the end of the 45-day period beginning on the date of the enactment of this Act, the Independent Monitor from among individuals with extensive experience in consumer protection laws and practices, particularly in such areas as mortgage lending. (B) Vacancy If at any point the position of Independent Monitor becomes vacant, the President shall appoint, not later than the end of the 60-day period beginning on the date such vacancy occurs, a new Independent Monitor from among individuals described under subparagraph (A). (3) Staff Upon request of the Independent Monitor, any executive agency, including the Board of Governors of the Federal Reserve System or the Comptroller of the Currency shall detail, on a reimbursable basis, any employee to the Office of the Independent Monitor to assist it in carrying out its duties under this Act, but under no circumstances may the Office of the Independent Monitor have more than 16 employees, not including the Independent Monitor. (4) Funding The costs of the Office of the Independent Monitor shall be paid out of the funds paid by mortgage servicing companies under the settlement, other than any funds designated for direct cash payments to borrowers who held loans during 2009 or 2010. (b) Duties The Independent Monitor shall— (1) issue a quarterly report covering all actions taken to date, with the first such report detailing actions taken from the date of the execution of the settlement, to the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Congress containing— (A) a detailed description of— (i) the eligibility criteria used to determine who will receive direct and indirect aid provided under the settlement, including information detailing instances in which the criteria are not transparent, certain, objective, or equitably applied; (ii) the methodologies used to calculate and allocate direct and indirect aid provided under the settlement, including information detailing instances in which the methodologies are not transparent, certain, objective, or equitably applied; (iii) the proof requirements applied to recipients of direct and indirect aid provided under the settlement, including information detailing instances in which the requirements are not transparent, certain, objective, or equitably applied; and (iv) the extent to which those receiving direct and indirect aid under the settlement receive procedural due process, including information detailing instances in which such due process has been denied; (B) information on the total number of borrowers who held loans in 2009 or 2010 who receive direct compensation under the settlement, disaggregated by each mortgage servicer subject to the settlement, including— (i) demographic and other data related to such borrowers, including race, gender, geography, and the property value of the property securing such loans; (ii) the level of direct compensation provided to similarly situated borrowers, including a review of the methods used to determine the level of direct compensation provided and the adequacy of such direct compensation; and (iii) total direct compensation provided to date; (C) information on the total number of borrowers with mortgage loans who receive loan modifications or other types of assistance, such as the forgiveness of a deficiency judgment, short sale, deed in lieu, or forbearance agreement, under the settlement, disaggregated by each mortgage servicer subject to the settlement, including— (i) demographic and other data related to such borrowers, including race, gender, geography, and the property value of the property securing such loans; and (ii) the number of each type of loan modification or other assistance provided to borrowers, including the amount of principal reduction provided under modifications that include a principal reduction element, the level of interest reductions provided to borrowers who receive an interest reduction, and the total amount of deficiencies forgiven for each of the first, second, or any subsequent loans, and the number of borrowers receiving each type of relief who were already in a trial modification when offered assistance under the settlement and the number who were not in a trial modification, and whether there has been disparate treatment of those borrowers; (D) the credit that parties to the settlement have been given through the provision of loan modifications and other types of assistance to borrowers, including principal reduction modifications, disaggregated by each mortgage servicer subject to the settlement, and a determination by the Independent Monitor of whether such credit reflects the real dollar value of the modifications and has not been provided for modifications that have little or no economic value and that do not result in sustainable modifications; (E) a list of any instances in which the Independent Monitor has determined that a party to the settlement has substantially failed to comply with the terms of the settlement, including a description of the nature of each instance of noncompliance; (F) a list of any actions taken by the Board of Governors of the Federal Reserve System or the Comptroller of the Currency to compel compliance with the terms of the settlement; (G) a review of the efforts undertaken by parties to the settlement to locate borrowers who held loans in 2009 or 2010, including the adequacy of outreach methods used to contact such borrowers and the response rate of such borrowers; (H) information on the extent to which any assistance provided to borrowers under the settlement receives credit under both the settlement and also another settlement; (I) a detailed description of— (i) the dispute resolution procedures established by the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, if any, to enable borrowers to seek either a formal review of the direct or indirect relief provided to them under the terms of the settlement, or a formal review of a determination that they are not entitled to direct or indirect relief under the terms of the settlement, including a review of the adequacy of these procedures in responding to borrowers’ concerns and complaints and in fairly and equitably resolving these requests for review; and (ii) if such procedures have been established, the total number of borrowers who have requested a review under the dispute resolution procedures, the number of outstanding requests awaiting adjudication and the number of fully adjudicated claims, the average time required to adjudicate claims under the dispute resolution procedures, the number of cases in which the arbiter recommended changing the initial determination of relief offered to a borrower, and the number of cases in which the recommendations issued by the arbiter were affirmed and implemented by the Board of Governors of the Federal Reserve System and the Comptroller of the Currency; (J) the number of in-scope borrowers whose foreclosures are completed during the reporting period; and (K) any other information that the Independent Monitor deems necessary to discharge the duties of the Independent Monitor and to determine compliance with the settlement; (2) make each report described under paragraph (1) available to the public, including on a publicly accessible website; and (3) hold, at a minimum, five public meetings in which members of the public may give testimony regarding the administration of the settlement, and where such meetings— (A) being announced at least two weeks in advance; and (B) held in five different States. (c) Power To require production Not withstanding any other provision of law, the Independent Monitor may require the production from any party to the settlement of any documents, information, and data related to the settlement that the Independent Monitor determines necessary to carry out the duties of the Independent Monitor. (d) Confidentiality of information In carrying out the requirements under this Act, including the report requirement under subsection (b)(1), the Independent Monitor shall ensure that all personally identifiable information is kept confidential. (e) Enforcement (1) In general If the Independent Monitor determines that a party to the settlement substantially failed to comply with the terms of the settlement or otherwise violates any provision of this Act, the Independent Monitor shall refer a finding of noncompliance to— (A) the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, for noncompliance involving conduct of mortgage servicers subject to the settlement; (B) the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, for noncompliance involving conduct of the Board of Governors of the Federal Reserve System; or (C) the Inspector General of the Department of the Treasury, for noncompliance involving conduct of the Office of the Comptroller of the Currency. (2) Handling of referral Upon receipt of a referral of noncompliance made under paragraph (1)(A), the Board of Governors of the Federal Reserve System and the Comptroller of the Currency shall, jointly— (A) within the 30-day period beginning on the date of receipt of the referral, issue a report to the Congress containing a plan of action to cure the noncompliance; and (B) within the 60-day period beginning on the date of receipt of the referral, take such action to cure the noncompliance. (3) Backup authority If the Board of Governors of the Federal Reserve System and the Comptroller of the Currency fail to take the action required under subparagraph (A) or (B) of paragraph (2), the Independent Monitor may take any action available to the Board of Governors of the Federal Reserve System or the Comptroller of the Currency in order to cure the noncompliance. (4) Referral of criminal violations If the Independent Monitor determines that evidence exists to suggest that a party to the settlement may have committed a violation of any Federal or State criminal statute, the Independent Monitor shall refer such determination to the appropriate law enforcement agency. 5. Savings clause Nothing in this Act shall be construed as— (1) limiting the ability of any Federal or State entity to examine or bring action pertaining to any aspect of the settlement; or (2) limiting the ability of any borrower to take any action arising under State or Federal law. 6. Sunset (a) In general This Act shall cease to have any force or effect on and after the date that is the day after the end of the 90-day period beginning on the date that all parties fully satisfy the terms of the settlement. (b) Final report Within the 90-day period described under paragraph (1), the Independent Monitor shall submit a final report to the Congress containing the information described under subsection (b)(1) and any other information the Independent Monitor feels is appropriate.

https://www.govinfo.gov/content/pkg/BILLS-113hr1706ih/xml/BILLS-113hr1706ih.xml

113-hr-1707

I 113th CONGRESS 1st Session H. R. 1707 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Rodney Davis of Illinois (for himself, Mr. Shimkus , Mr. Enyart , Mr. Kinzinger of Illinois , Mr. Schock , Mr. Danny K. Davis of Illinois , Mr. Foster , Mrs. Bustos , Mr. Schneider , Mr. Gutierrez , Mr. Hultgren , Mr. Quigley , Ms. Schakowsky , Mr. Rush , Mr. Lipinski , Ms. Kelly of Illinois , Ms. Duckworth , and Mr. Roskam ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 302 East Green Street in Champaign, Illinois, as the James R. Burgess Jr. Post Office Building . 1. James R. Burgess Jr. Post Office Building (a) Designation The facility of the United States Postal Service located at 302 East Green Street in Champaign, Illinois, shall be known and designated as the James R. Burgess Jr. Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the James R. Burgess Jr. Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr1707ih/xml/BILLS-113hr1707ih.xml

113-hr-1708

I 113th CONGRESS 1st Session H. R. 1708 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Ms. Jenkins (for herself, Mr. Crowley , Mr. Cleaver , Mr. Roskam , Mr. Franks of Arizona , Mr. Mulvaney , Mr. Smith of Nebraska , Mr. Conaway , Mr. Gibbs , Mr. Polis , Mr. Chabot , Mr. Westmoreland , Mr. Meeks , Mr. Turner , Mr. Cramer , Mr. Moran , Ms. Brown of Florida , Mr. Huizenga of Michigan , Mr. Matheson , Mr. Walberg , Mr. Schrader , Ms. Bonamici , Ms. DelBene , Mr. Schock , Mr. Blumenauer , Mr. Paulsen , Mr. Austin Scott of Georgia , Mr. Griffin of Arkansas , and Mr. Long ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on certain footwear, and for other purposes. 1. Short title This Act may be cited as the Affordable Footwear Act of 2013 . 2. Findings Congress finds the following: (1) Average collected duties on imported footwear are among the highest of any product sector, totaling approximately $2,300,000,000 in 2011 and approximately $2,500,000,000 in 2012. (2) Duty rates on imported footwear are among the highest imposed by the United States Government, with some as high as the equivalent of 67.5 percent ad valorem. (3) The duties currently imposed by the United States were set in an era during which high rates of duty were intended to protect production of footwear in the United States. (4) Footwear produced in the United States supplies only about 1 percent of the total United States market for footwear. This production is concentrated in distinct product groupings, which are not affected by the provisions of this Act. (5) Footwear duties, which are higher on lower-price footwear, serve no purpose and are a hidden, regressive tax on those people in the United States least able to pay. (6) Low- and moderate-income families spend a larger share of their disposable income on footwear than higher-income families. (7) The outdoor industry develops innovative and high performance footwear that promotes healthy and active lifestyles through outdoor recreation. 3. Sense of Congress It is the sense of Congress that— (1) there is no production in the United States of many footwear articles; (2) the reduction or elimination of duties on such articles will not negatively affect manufacturing or employment in the United States; and (3) the reduction or elimination of duties on such articles will result in reduced retail prices for a wide range of consumers. 4. Temporary elimination or reduction of duties on certain footwear (a) Definitions The U.S. Notes to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States are amended by adding at the end the following: (20) For the purposes of headings 9902.64.25 through 9902.64.59: (a) The term footwear for men means footwear of American men’s size 6 and larger for males, and does not include footwear commonly worn by both sexes. (b) The term footwear for women means footwear of American women’s size 4 and larger, whether for females or of types commonly worn by both sexes. (c) (i) The term work footwear means, in addition to footwear for men or footwear for women having a metal toe-cap, footwear for men or for women that— (A) has outer soles of rubber or plastics; (B) is of a kind designed for use by persons employed in occupations, such as those related to the agricultural, construction, industrial, public safety or transportation sectors, that are not conducive to the use of casual, dress, or similar lightweight footwear; and (C) has special features to protect against hazards in the workplace (such as resistance to chemicals, compression, grease, oil, penetration, slippage, or static build-up). (ii) The term work footwear does not include— (A) sports footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like; (B) footwear designed to be worn over other footwear; (C) footwear with open toes or open heels; or (D) footwear (except footwear covered by heading 6401) of the slip-on type or other footwear that is held to the foot without the use of laces or a combination of laces and hooks or other fasteners. (d) The term house slippers means footwear of the slip-on type designed solely for casual indoor use. The term house slippers includes— (i) footwear with outer soles not over 3.5 mm in thickness, consisting of cellular rubber, non-grain leather, or textile material; (ii) footwear with outer soles not over 2 mm in thickness consisting of polyvinyl chloride, whether or not backed; and (iii) footwear which, when measured at the ball of the foot, has sole components (including any inner and mid-soles) with a combined thickness not over 8 mm as measured from the outer surface of the uppermost sole component to the bottom surface of the outer sole and which, when measured in the same manner at the area of the heel, has a thickness equal to or less than that at the ball of the foot. (e) For purposes of subheadings 9902.64.27, 9902.64.31 and 9902.64.52, the dollar amount specified as the value of a good shall be as follows: (i) In calendar year 2013, $22/pair. (ii) In calendar years 2014 and 2015, $24/pair. (f) The term waterproof footwear means footwear designed to protect against penetration by water or other liquids, whether or not such footwear is primarily designed for such purposes. . (b) Amendments to HTS Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: 9902.64.25 Sports footwear with outer soles and uppers of rubber or plastics, having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics (except footwear having foxing or a foxing-like band applied or molded at the sole and overlapping the upper); the foregoing not including footwear for women (provided for in subheading 6402.19.15) Free No change No change On or before 12/31/2015 9902.64.26 Footwear (other than work footwear or footwear designed to be worn over or in lieu of other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather) with outer soles and uppers of rubber or plastics, covering the ankle, not incorporating a protective metal toe-cap, having uppers of which over 90 percent of the external surface area is rubber or plastics (provided for in subheading 6402.91.40) Free No change No change On or before 12/31/2015 9902.64.27 Footwear (other than vulcanized footwear and footwear with waterproof molded bottoms, including bottoms comprising an outer sole and all or part of the upper) with outer soles and uppers of rubber or plastics, valued over the dollar amount specified in U.S. note 20(e) to this subchapter, whose height from the bottom of the outer sole to the top of the upper does not exceed 20.32 cm if for men or women, or does not exceed 17.78 cm if for persons other than men or women, designed to be used in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather, and where protection against water is imparted by the use of a coated or laminated fabric (provided for in subheading 6402.91.50) Free No change No change On or before 12/31/2015 9902.64.28 Footwear (other than work footwear) with outer soles and uppers of rubber or plastics, covering the ankle, for men or women, such footwear which from the bottom of the outer sole to the top of the upper does not exceed 13 cm or which exceeds 21 cm, or regardless of height is slip-on footwear (provided for in subheading 6402.91.90) Free No change No change On or before 12/31/2015 9902.64.29 Tennis shoes, basketball shoes, gym shoes, training shoes and the like (provided for in subheading 6402.91.90) Free No change No change On or before 12/31/2015 9902.64.30 Footwear with outer soles and uppers of rubber or plastic, not covering the ankle, other than work footwear or house slippers (provided for in subheading 6402.99.31) Free No change No change On or before 12/31/2015 9902.64.31 Footwear (other than vulcanized footwear and footwear with waterproof molded bottoms, including bottoms comprising an outer sole and all or part of the upper), with outer soles and uppers of rubber or plastics, valued over the dollar amount specified in U.S. note 20(e) of this subchapter, designed to be used in lieu of, but not over, other footwear, and where protection against water is imparted by the use of a coated or laminated textile fabric (provided for in subheading 6402.99.33) Free No change No change On or before 12/31/2015 9902.64.32 Footwear with uppers and outer soles of rubber or plastics, other than house slippers (provided for in subheading 6402.99.41 or 6402.99.49) Free No change No change On or before 12/31/2015 9902.64.33 Footwear with outer soles and uppers of rubber or plastics, other than house slippers (provided for in subheading 6402.99.71 or 6402.99.79) Free No change No change On or before 12/31/2015 9902.64.34 Footwear with outer soles and uppers of leather, covering the ankle, other than footwear for women (provided for in subheading 6403.51.90) Free No change No change On or before 12/31/2015 9902.64.35 Footwear for men, and footwear for youths and boys, covering the ankle, valued not over $12/pair, such footwear which from the bottom of the outer sole to the top of the upper does not exceed 13 cm or which exceeds 21 cm, or regardless of height is waterproof footwear, other than work footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like, slip-on footwear, and other than footwear with waterproof bottoms, including bottoms comprising an outer sole and all or part of the upper (provided for in subheading 6403.91.60) Free No change No change On or before 12/31/2015 9902.64.36 Slip-on footwear for men and footwear for youths and boys, covering the ankle and incorporating waterproof footwear bottoms including bottoms comprising an outer sole and part of the upper; such footwear with sole components, including any mid-soles but excluding any inner soles, which when measured at the ball of the foot have a combined thickness less than 13.5 mm, the foregoing valued not over $20/pair (provided for in subheading 6403.91.60) Free No change No change On or before 12/31/2015 9902.64.37 Footwear for men, other than slip-on footwear, work footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like, valued not over $12/pair (provided for in subheading 6403.91.60) Free No change No change On or before 12/31/2015 9902.64.38 Footwear for youth and boys, incorporating a waterproof footwear bottom including bottoms comprising an outer sole and part of the upper, other than tennis shoes, basketball shoes, gym shoes, training shoes and the like, and other than slip-on footwear (provided for in subheading 6403.91.60) Free No change No change On or before 12/31/2015 9902.64.39 Footwear (other than footwear for men or footwear for youths and boys) covering the ankle, valued over $12/pair, such footwear of a height which from the bottom of the outer sole to the top of the upper does not exceed 13 cm, or which exceeds 21 cm, or regardless of height, is waterproof footwear, or footwear where the difference in height between the bottom of the sole at the ball of the foot to the top of the midsole and from the bottom of the heel to the top of the midsole is over 30 mm, other than work footwear and other than slip-on footwear (provided for in subheading 6403.91.90) Free No change No change On or before 12/31/2015 9902.64.40 Slip-on footwear (other than footwear for men or footwear for youths or boys) covering the ankle; such footwear with a heel over 15 mm in height as measured from the bottom of the sole, or sole components (including any mid-soles but excluding any inner soles) which when measured at the ball of the foot have a combined thickness less than 13.5 mm, the foregoing valued not over $20/pair (provided for in subheading 6403.91.90) Free No change No change On or before 12/31/2015 9902.64.41 Footwear for women, covering the ankle, valued not over $12/pair, such footwear which from the bottom of the outer sole to the top of the upper does not exceed 13 cm or which exceeds 21 cm, or regardless of height is waterproof footwear, other than work footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like, slip-on footwear, and other than footwear with only waterproof bottoms, including bottoms comprising an outer sole and all or part of the upper (provided for in subheading 6403.91.90) Free No change No change On or before 12/31/2015 9902.64.42 Footwear for persons other than women, other than slip-on footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like and other than footwear incorporating waterproof footwear bottoms comprising an outer sole and part of the upper (provided for in subheading 6403.91.90) Free No change No change On or before 12/31/2015 9902.64.43 Footwear for men, valued not over $20/pair, having uppers of leather other than pigskin, and other than house slippers, work footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like, and other than footwear with uppers having a toe part or thong (provided for in subheading 6403.99.60) Free No change No change On or before 12/31/2015 9902.64.44 Footwear for men, having uppers of pigskin, other than house slippers, work footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like (provided for in subheading 6403.99.60) Free No change No change On or before 12/31/2015 9902.64.45 Tennis shoes, basketball shoes, gym shoes, training shoes and the like for youths and boys (provided for in subheading 6403.99.60) Free No change No change On or before 12/31/2015 9902.64.46 Footwear valued over $2.50/pair (other than footwear for women; house slippers; and tennis shoes, basketball shoes, gym shoes, training shoes and the like) (provided for in subheading 6403.99.90) Free No change No change On or before 12/31/2015 9902.64.47 Sports footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like with outer soles of rubber or plastics and uppers of textile materials (provided for in subheading 6404.11.51, 6404.11.59, 6404.11.61, 6404.11.69, 6404.11.71, 6404.11.79, 6404.11.81 or 6404.11.89) Free No change No change On or before 12/31/2015 9902.64.48 Sports footwear (other than ski boots, cross country ski footwear and snowboard boots) for persons other than men or women (provided for in subheading 6404.11.90) Free No change No change On or before 12/31/2015 9902.64.49 Ski boots, cross country ski footwear and snowboard boots for men or women (provided for in subheading 6404.11.90) Free No change No change On or before 12/31/2015 9902.64.50 Tennis shoes, basketball shoes, gym shoes, training shoes and the like, covering the ankle, for men and women (provided for in subheading 6404.11.90) Free No change No change On or before 12/31/2015 9902.64.51 Footwear with outer soles of rubber or plastics and uppers of textile materials, having uppers of which over 50 percent of the external surface area is leather (provided for in subheading 6404.19.15) Free No change No change On or before 12/31/2015 9902.64.52 Footwear (except vulcanized footwear and footwear with waterproof molded bottoms, including bottoms comprising an outer sole and all or part of the upper) with outer soles of rubber or plastics and uppers of textile materials, valued over the dollar amount specified in U.S. note 20(e) to this subchapter, whose height from the bottom of the outer sole to the top of the upper does not exceed 20.32 cm if for men or women or does not exceed 17.78 cm for persons other than men or women, designed to be used in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather, and where protection against water is imparted by the use of a coated or laminated textile fabric (provided for in subheading 6404.19.20) Free No change No change On or before 12/31/2015 9902.64.53 Footwear for men, with outer soles of rubber or plastics and uppers of vegetable fibers, other than house slippers (provided for in subheading 6404.19.25) Free No change No change On or before 12/31/2015 9902.64.54 Footwear with outer soles of rubber or plastics and uppers of textile materials (except footwear with uppers having a toe part or thong) (provided for in subheading 6404.19.36, 6404.19.37 or 6404.19.39) Free No change No change On or before 12/31/2015 9902.64.55 Footwear for women, with outer soles of rubber or plastics and uppers of textile materials, other than house slippers (provided for in subheading 6404.19.52, 6404.19.57 or 6404.19.59) Free No change No change On or before 12/31/2015 9902.64.56 Footwear with outer soles of rubber or plastics and uppers of textile materials (provided for in subheading 6404.19.61, 6404.19.69, 6404.19.72, 6404.19.77, 6404.19.79, 6404.19.82, 6404.19.87, 6404.19.89 or 6404.19.90) Free No change No change On or before 12/31/2015 9902.64.57 Footwear with uppers of leather or composition leather, for men (provided for in subheading 6405.10.00) Free No change No change On or before 12/31/2015 9902.64.58 Footwear with uppers of textile materials, other than with soles and uppers of wool felt (provided for in subheading 6405.20.90) Free No change No change On or before 12/31/2015 9902.64.59 Footwear not elsewhere provided for in chapter 64 (provided for in subheading 6405.90.90) Free No change No change On or before 12/31/2015 . 5. Effective date This Act and the amendments made by this Act shall— (1) take effect on the 15th day after the date of the enactment of this Act; and (2) apply to articles entered, or withdrawn from warehouse for consumption, on or after such 15th day.

https://www.govinfo.gov/content/pkg/BILLS-113hr1708ih/xml/BILLS-113hr1708ih.xml

113-hr-1709

I 113th CONGRESS 1st Session H. R. 1709 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Lewis introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Attorney General to award grants to eligible entities to prevent or alleviate community violence by providing education, mentoring, and counseling services to children, adolescents, teachers, families, and community leaders on the principles and practice of nonviolence. 1. Short title This Act may be cited as the Securing American Families by Educating and Training Youth (SAFETY) Through Nonviolence Act of 2013 . 2. Grants to educate Americans about the principles of nonviolence (a) Grants The Attorney General may make grants to eligible entities to prevent or alleviate the effects of community violence by providing education, mentoring, and counseling to youth regarding the principles and application of nonviolence in conflict resolution. (b) Priority In awarding grants under this section, the Attorney General shall give priority to applicants that agree to use the grant in 1 or more eligible urban, rural, Tribal, and suburban communities that can certify— (1) an increase in community, especially youth violence; and (2) lack the monetary or other resources to address violence prevention. (c) Limitation The Attorney General may not make a grant to an eligible entity under this section unless the entity agrees to use not more than 40 percent of such grant for nonviolence-prevention education and program development. (d) Definitions In this section, the term eligible entity means a State or local government entity, educational institution, nonprofit, or faith-based organization. (e) Authorization of Appropriations To carry out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years from 2014 through 2019.

https://www.govinfo.gov/content/pkg/BILLS-113hr1709ih/xml/BILLS-113hr1709ih.xml

113-hr-1710

I 113th CONGRESS 1st Session H. R. 1710 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Lewis introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize the Gandhi-King Scholarly Exchange Initiative focusing on peace and nonviolence in global conflict resolution, and for other purposes. 1. Short Title This Act may be cited as the Gandhi-King Scholarly Exchange Initiative Act of 2013 . 2. Findings Congress finds the following: (1) Mohandas (Mahatma) Karamchand Gandhi and Martin Luther King, Jr., were dedicated leaders of peace, civil rights, social justice, and social change in their respective communities and countries and in the world. (2) Mahatma Gandhi, who was born on October 2, 1869, was murdered on January 30, 1948, after dedicating his life to the peaceful empowerment of the people of India and to their liberation from British occupation. (3) Martin Luther King, Jr., who was born on January 15, 1929, was murdered on April 4, 1968, after a life dedicated to peaceful movements against segregation, discrimination, racial injustice, and poverty. (4) On August 22, 2011, the Dr. Martin Luther King, Jr. National Memorial opened to the public in Washington, DC. This newest memorial on the National Mall pays tribute to Dr. King’s national and international contributions to world peace through non-violent social change. (5) Mahatma Gandhi, who employed the principle of satyagraha, or non-violent resistance, has come to represent the moral force inspiring many civil and social rights movements around the world. (6) King’s effective use of Gandhian principles was instrumental to the American civil rights movement. (7) In February 2009, a congressional delegation traveled to India to commemorate the 50th anniversary of the pilgrimage of Martin Luther King, Jr., and his wife, Coretta Scott King, to that country in 1959, and to study Gandhi’s life and work, highlighting the need for further progress in peaceful conflict resolution and combating poverty. (8) In February 2009, United States Special Envoy for Pakistan and Afghanistan Richard Holbrooke visited India to determine how the international community can better contribute to peace and stability in Afghanistan and South Asia. (9) According to the 2011 Global Peace Index prepared by the Institute for Economics and Peace, a 25 percent reduction in violence would result in a $2 trillion economic benefit, enough to offset the reconstruction costs of the 2011 Japanese earthquake and tsunami and eliminate the public debt of Greece, Portugal, and Ireland. 3. Gandhi-King Scholarly Exchange Initiative (a) Initiative established The Secretary of State is authorized to carry out, in cooperation with the appropriate representatives of the Government of India, an initiative to be known as the Gandhi-King Scholarly Exchange Initiative . The initiative shall be comprised of educational, scholarly, and professional exchange programs, including the following: (1) An annual public diplomacy forum for scholars from the United States and India that focuses on the legacies of Mahatma Gandhi and Martin Luther King, Jr., which shall— (A) be held alternately in the United States and in India; (B) include representatives from governments, non-governmental organizations, educational institutions, cultural organizations, and civic organizations; and (C) focus on studying the work of Gandhi and King, and applying their philosophies to current issues, including the status of poverty, conflict, human rights, civil rights, peace, nonviolence, and democracy in the United States and India. (2) A professional development training initiative for government employees to develop international conflict solutions based on the principles of nonviolence developed in consultation with the president and chief executive officer of the United States Institute of Peace, the Under Secretary for Public Diplomacy and Public Affairs of the Department of State, and United States cooperating partners, which shall— (A) target Federal, State, and local government employees in countries with ongoing political, social, ethnic, or violent conflict; (B) include a specific focus on the success of nonviolent movements in conflict resolution; (C) develop a curriculum for teaching conflict resolution and make such curriculum available to participating government employees; and (D) be made publically available through a variety of media. (3) An undergraduate, graduate, and post-graduate student exchange for students to— (A) study the history and legacies of Martin Luther King, Jr., and Mahatma Gandhi; (B) visit historic sites in India and the United States that were integral to the American civil rights movement and the Indian independence movement; and (C) research and develop papers on the importance of peace, nonviolence, and reconciliation in current conflict regions. (b) United States Cooperating Partners Defined The term United States cooperating partners means— (1) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )), including, to the maximum extent practicable, an historically Black college or university that is a part B institution (as such term is defined in section 322(2) of such Act ( 20 U.S.C. 1061(2) )) or an Hispanic-serving institution (as such term is defined in section 502(a)(5) of such Act ( 20 U.S.C. 1101a(a)(5) )); (2) a combination of institutions of higher education (as such term is defined in section 103(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1003(2) )); (3) a nongovernmental organization incorporated in the United States; or (4) a consortium consisting of two or more such institutions of higher education, higher education associations, or nongovernmental organizations. 4. Reporting requirements (a) Initial report Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report on the Secretary’s plan to carry out the initiative authorized under section 3. (b) Periodic updates Upon the request of the committees referred to in subsection (a), the Secretary shall submit to such committees an update on the Secretary’s progress in implementing the plan referred to in subsection (a). 5. Authorization of appropriations To carry out this Act, there are authorized to be appropriated to the Secretary of State such sums as may be necessary for each of fiscal years 2014 through 2019. Amounts appropriated pursuant to the authorization of appropriations under this section are in addition to amounts otherwise available for such purpose.

https://www.govinfo.gov/content/pkg/BILLS-113hr1710ih/xml/BILLS-113hr1710ih.xml

113-hr-1711

I 113th CONGRESS 1st Session H. R. 1711 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Ben Ray Luján of New Mexico introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To make funds available to the Department of Energy National Laboratories for the Federal share of cooperative research and development agreements that support maturing Laboratory technology and transferring it to the private sector, and for other purposes. 1. Short title This Act may be cited as the Cooperative Research and Development Fund Authorization Act of 2013 . 2. Cooperative research and development fund (a) In general The Secretary of Energy shall make funds available to Department of Energy National Laboratories for the Federal share of cooperative research and development agreements that support maturing Laboratory technology and transferring it to the private sector. (b) Apportionment (1) In general The Secretary of Energy shall determine the apportionment of such funds to each Department of Energy National Laboratory and shall ensure that special consideration is given to small business firms and consortia involving small business firms in the selection process for which cooperative research and development agreements will receive such funds. (2) Definition In this section, the term small business firm has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 ). (c) Performance evaluation metrics The Secretary of Energy shall ensure that the performance evaluation metrics of each National Laboratory operating contractor provide incentives for, and measure the effectiveness of, the contractor’s cooperative research and development agreement program at maturing Laboratory technology and transferring it to the private sector. (d) Reporting (1) Requirement The Secretary of Energy shall annually transmit to Congress a report that describes how funds were expended under this section, including a description of— (A) the types and sizes of non-Federal entities that participated in cooperative research and development agreements receiving funds under this section; and (B) the economic benefits resulting from cooperative research and development agreements that received funds under this section in previous years. (2) Consolidation of reports Reports required under this subsection may be consolidated with other related reports required from the Secretary. (e) Savings provision Nothing in this section shall be construed to preclude or limit the use of funding provided under other authority of law for entering into or increasing the Federal share of cooperative research and development agreements, either in combination with funding provided under this section or separately. (f) Authorization of appropriations There are authorized to be appropriated to the Secretary of Energy to carry out this section $20,000,000 for each of the fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr1711ih/xml/BILLS-113hr1711ih.xml

113-hr-1712

I 113th CONGRESS 1st Session H. R. 1712 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. McNerney (for himself, Ms. Matsui , Mr. Costa , Mr. Honda , and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To prevent foreclosure of home mortgages and provide for the affordable refinancing of mortgages held by Fannie Mae and Freddie Mac. 1. Short title This Act may be cited as the Housing Opportunity and Mortgage Equity Act of 2013 . 2. Affordable refinancing of mortgages owned or guaranteed by Fannie Mae and Freddie Mac (a) Authority The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise through a refinancing mortgage, and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require such refinancing of a qualified mortgage upon the request of the mortgagor made to the applicable enterprise and a determination by the enterprise that the mortgage is a qualified mortgage. (b) Qualified mortgage For purposes of this section, the term qualified mortgage means a mortgage, without regard to whether the mortgagor is current on or in default on payments due under the mortgage, that— (1) is an existing first mortgage that was made for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as the principal residence of the mortgagor; (2) is owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (3) was originated on or before the date of the enactment of this Act. (c) Refinancing mortgage For purposes of this section, the term refinancing mortgage means a mortgage that meets the following requirements: (1) Refinancing of qualified mortgage The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing qualified mortgage. (2) Single-family housing The property that is subject to the mortgage shall be the same property that is subject to the qualified mortgage being refinanced. (3) Interest rate The mortgage shall bear interest at a single rate that is fixed for the entire term of the mortgage, which shall be equivalent to the premium received by the enterprise on the qualified mortgage being refinanced plus the cost of selling a newly issued mortgage having comparable risk and term to maturity in a mortgage-backed security, as such rate may be increased to the extent necessary to cover, over the term to maturity of the mortgage, any fee paid to the servicer pursuant to subsection (d), the cost of any title insurance coverage issued in connection with the mortgage, and, as determined by the Director, a portion of any administrative costs of the program under this section as may be attributable to the mortgage. (4) Waiver of prepayment penalties All penalties for prepayment or refinancing of the qualified mortgage that is refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (5) Term to maturity The mortgage shall have a term to maturity of not more than 40 years from the date of the beginning of the amortization of the mortgage. (6) Prohibition on borrower fees The servicer conducting the refinancing shall not charge the mortgagor any fee for the refinancing of the qualified mortgage through the refinancing mortgage. (7) Title insurance The fee for title insurance coverage issued in connection with the mortgage shall be reasonable in comparison with fees for such coverage available in the market for mortgages having similar terms. (d) Fee to servicer The Director may, in the Director’s sole discretion, require each enterprise to pay to the servicer of a qualified mortgage a fee, in such amount as the Director considers appropriate, for each qualified mortgage of an enterprise that the servicer refinances through a refinancing mortgage pursuant to this section. (e) No appraisal The enterprises may not require an appraisal of the property subject to a refinancing mortgage to be conducted in connection with such refinancing. (f) Termination The requirement under subsection (a) for the enterprises to refinance qualified mortgages shall not apply to any request for refinancing made after the expiration of the one-year period beginning on the date of the enactment of this Act, except that the Director may, by notice published before the expiration of such period, extend such period for such additional time as the Director considers appropriate. (g) Definitions For purposes of this section, the following definitions shall apply: (1) Director The term Director means the Director of the Federal Housing Finance Agency. (2) Enterprise The term enterprise means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (h) Regulations The Director shall issue any regulations or guidance necessary to carry out the program under this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1712ih/xml/BILLS-113hr1712ih.xml

113-hr-1713

I 113th CONGRESS 1st Session H. R. 1713 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Murphy of Pennsylvania (for himself, Mr. Heck of Nevada , Mr. Meehan , and Mr. Gerlach ) introduced the following bill; which was referred to the Committee on Rules , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a procedure to safeguard the surpluses of the Social Security and Medicare hospital insurance trust funds. 1. Short title This Act may be cited as the Social Security and Medicare Protection Act . 2. Findings and purpose (a) Findings The Congress finds that— (1) fiscal pressures will mount as an aging population increases the Government’s obligations to provide retirement income and health services; (2) Social Security and Medicare surpluses should be reserved for strengthening and preserving the Social Security trust funds; and (3) preserving Social Security and Medicare surpluses would restore confidence in the long-term financial integrity of Social Security and Medicare. (b) Purpose It is the purpose of this Act to prevent the Social Security and Medicare hospital insurance trust funds from being used for any purpose other than providing retirement and health security. 3. Protection of Social Security and Medicare surpluses (a) Protection of Social Security and Medicare surpluses Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: 316. Protection for Social Security and hospital insurance surpluses (a) Protection for Social Security and hospital insurance Surpluses (1) Concurrent resolutions on the budget It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or an amendment thereto or conference report thereon, that would set forth a surplus for any fiscal year that is less than the combined surpluses of the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund for that fiscal year. (2) Spending and tax legislation It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if— (A) the enactment of that bill or resolution, as reported; (B) the adoption and enactment of that amendment; or (C) the enactment of that bill or resolution in the form recommended in that conference report, would cause the surplus for any fiscal year covered by the most recently agreed to concurrent resolution on the budget to be less than the combined surpluses of the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund for that fiscal year. (b) Enforcement (1) Budgetary levels with respect to concurrent resolutions on the budget For purposes of enforcing any point of order under subsection (a)(1), the surplus for any fiscal year shall be— (A) the levels set forth in the later of the concurrent resolution on the budget, as reported, or in the conference report on the concurrent resolution on the budget; and (B) adjusted to the maximum extent allowable under all procedures that allow budgetary aggregates to be adjusted for legislation that would cause a decrease in the surplus for any fiscal year covered by the concurrent resolution on the budget (other than procedures described in paragraph (2)(B)). (2) Current levels with respect to spending and tax legislation For purposes of enforcing subsection (a)(2), the current levels of the surplus for any fiscal year shall be— (A) calculated using the following assumptions— (i) direct spending and revenue levels at the baseline levels underlying the most recently agreed to concurrent resolution on the budget; and (ii) for the budget year, discretionary spending levels at current law levels and, for outyears, discretionary spending levels at the baseline levels underlying the most recently agreed to concurrent resolution on the budget; and (B) adjusted for changes in the surplus levels set forth in the most recently agreed to concurrent resolution on the budget pursuant to procedures in such resolution that authorize adjustments in budgetary aggregates for updated economic and technical assumptions in the mid-session report of the Director of the Congressional Budget Office. Such revisions shall be included in the first current level report on the congressional budget submitted for publication in the Congressional Record after the release of such mid-session report. (3) Disclosure of HI and Social Security surpluses For purposes of enforcing any point of order under subsection (a), the combined surpluses of the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund for a fiscal year shall be the levels set forth in the later of the report accompanying the concurrent resolution on the budget (or, in the absence of such a report, placed in the Congressional Record prior to the consideration of such resolution) or in the joint explanatory statement of managers accompanying such resolution. (c) Additional Content of reports accompanying budget resolutions and of joint explanatory statements The report accompanying any concurrent resolution on the budget and the joint explanatory statement accompanying the conference report on each such resolution shall include the levels of the surplus in the budget for each fiscal year set forth in such resolution and of the surplus or deficit in the Federal Hospital Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund, and the Federal Disability Insurance Trust Fund, calculated using the assumptions set forth in subsection (b)(2). (d) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, 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 under this section. . (b) Conforming amendment The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: Sec. 316. Protection for Social Security and hospital insurance surpluses. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1713ih/xml/BILLS-113hr1713ih.xml

113-hr-1714

I 113th CONGRESS 1st Session H. R. 1714 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Peters of California (for himself, Ms. Wilson of Florida , Mr. Cárdenas , Ms. Linda T. Sánchez of California , Mr. Lowenthal , Ms. Meng , Mr. Deutch , Mr. Vargas , Mr. Rangel , Mrs. Davis of California , Mr. Conyers , Mrs. Napolitano , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Veterans Affairs and the Secretary of Housing and Urban Development to establish a grant pilot program to provide housing to elderly homeless veterans. 1. Short title This Act may be cited as the Shelter Our Servicemembers Act . 2. Elderly homeless veterans housing grant pilot program (a) Establishment The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall jointly establish a pilot program to award grants to nonprofit organizations to provide elderly homeless veterans with non-transitional housing. (b) Eligible organization (1) Nonprofit organization The Secretaries may award two grants under this section to nonprofit organizations that provide housing to homeless veterans or assist homeless veterans to find housing. (2) Locations In selecting the nonprofit organizations under paragraph (1), the Secretaries shall ensure that such organizations operate in separate geographical locations. (3) Application To be eligible for a grant under this section, a nonprofit organization shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries may require. (c) Number and amount of grant (1) Number The Secretaries— (A) may award two grants under this section; and (B) may not award more than one grant to a single nonprofit organization. (2) Amount A grant awarded under this section may not exceed $25,000,000. (d) Use of grant (1) In general A nonprofit organization may use a grant awarded under this section to— (A) purchase real property within a single geographical area to be used to provide up to 200 eligible homeless veterans with non-transitional housing; and (B) refurbish or renovate such property. (2) Eligible homeless veterans A homeless veteran is eligible for housing provided pursuant to this section if the Secretary of Veterans Affairs determines that the homeless veteran— (A) has attained the age of 55; (B) has— (i) been continuously homeless for a year or more; or (ii) during the last three years, had at least four separate, distinct, and sustained periods during which the veteran lived or resided on the streets, in an emergency shelter for homeless persons, or a combination of both; and (C) has a condition that limits the veteran’s ability to work or perform activities of daily living, including conditions related to— (i) a diagnosable substance abuse disorder; (ii) a serious mental illness; (iii) a developmental disability; or (iv) a chronic physical illness or disability. (e) Case management (1) In general The Secretary of Veterans Affairs shall provide case management for elderly homeless veterans who receive housing assistance pursuant to this section. The Secretary shall maintain a sufficient number of caseworkers to ensure that the ratio of such homeless veterans to caseworkers does not exceed 25 to 1. (2) Provision In carrying out paragraph (1), the Secretary shall allow the non-profit organization awarded a grant under this section to provide the case management under paragraph (1) if the non-profit organization elects to provide such case management. (f) Report Not later than 180 days after the date on which the pilot grant program terminates pursuant to subsection (i), the Secretaries shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the pilot grant program that includes— (1) the number of veterans served under the program; (2) the types of services offered under the program to such veterans; (3) the amount of money spent under the program on each such veteran; (4) a recommendation as to the feasibility and advisability of continuing the program; and (5) any other information the Secretaries consider appropriate. (g) Authorization of appropriations There is authorized to be appropriated to the Secretaries to carry out this section $50,000,000. (h) Homeless veteran defined In this section, the term homeless veteran means a veteran who— (1) has attained the age of 55; and (2) is homeless (as that term is defined in section 103(a) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302(a) )). (i) Termination The pilot grant program established under subsection (a) shall terminate on the date that is two years after the date on which the Secretaries award a grant under such subsection.

https://www.govinfo.gov/content/pkg/BILLS-113hr1714ih/xml/BILLS-113hr1714ih.xml

113-hr-1715

I 113th CONGRESS 1st Session H. R. 1715 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Peters of Michigan (for himself, Mr. Gardner , Mr. Carney , and Mr. Polis ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish procedures for the expedited consideration by Congress of the recommendations set forth in the Cuts, Consolidations, and Savings report prepared by the Office of Management and Budget. 1. Short title This Act may be cited as the Expedited Consideration of Cuts, Consolidations, and Savings Act of 2013 . 2. Expedited consideration of Cuts, Consolidations, and Savings prepared by the Office of Management and Budget (a) In General Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 681 et seq. ) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: 1013. Cuts, Consolidations, and Savings prepared by the Office of Management and Budget (a) In general The President may propose, at the time and in the manner provided in subsection (b), the carrying out of all or part of the recommendations contained in the most recent Cuts, Consolidations, and Savings prepared by the Office of Management and Budget. (b) Transmittal of Special Message Not later than 120 days after the publication of any Cuts, Consolidations, and Savings prepared by the Office of Management and Budget, the President may transmit to Congress a special message to carry out all or part of the recommendations contained in that Cuts, Consolidations, and Savings. The President shall include with that special message a draft bill or joint resolution that would carry out his recommendations. (c) Procedures for Expedited Consideration (1) (A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Congress in which the Act involved originated shall introduce (by request) the draft bill or joint resolution accompanying that special message. If the bill or joint resolution is not introduced as provided in the preceding sentence, then, on the third day of continuous session of that House after the date of receipt of that special message, any Member of that House may introduce the bill or joint resolution. (B) The bill or joint resolution shall be referred to the committee or committees with subject matter jurisdiction over that measure. The committee or committees shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If a committee fails to report the bill or joint resolution within that period, that committee shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. (C) A vote on final passage of the bill or joint resolution shall be taken in that House on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill or joint resolution in that House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the bill or joint resolution is agreed to. (2) (A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to paragraph (1)(C) shall be referred to the committee or committees of jurisdiction of that House. The committee or committees shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after it receives the bill or joint resolution. A committee failing to report the bill or joint resolution within such period shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. (B) A vote on final passage of a bill or joint resolution transmitted to that House shall be taken on or before the close of the 10th calendar day of continuous session of that House after the date on which the bill or joint resolution is transmitted. If the bill or joint resolution is agreed to in that House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated. (3) (A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate in the House of Representatives on a bill or joint resolution under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. (C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. (D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives. (4) (A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. (d) Amendments Prohibited No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. (e) Definitions For purposes of this section continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period. . (b) Exercise of Rulemaking Powers Section 904 of such Act ( 2 U.S.C. 621 note) is amended— (1) by striking and 1017 in subsection (a) and inserting 1013, and 1018 ; and (2) by striking section 1017 in subsection (d) and inserting sections 1013 and 1018 . (c) Conforming Amendments (1) Section 1011 of such Act ( 2 U.S.C. 682(5) ) is amended— (A) in paragraph (4), by striking 1013 and inserting 1014 ; and (B) in paragraph (5)— (i) by striking 1016 and inserting 1017 ; and (ii) by striking 1017(b)(1) and inserting 1018(b)(1) . (2) Section 1015 of such Act ( 2 U.S.C. 685 ) (as redesignated by subsection (a)) is amended— (A) by striking 1012 or 1013 each place it appears and inserting 1012, 1013, or 1014 ; (B) in subsection (b)(1), by striking 1012 and inserting 1012 or 1013 ; (C) in subsection (b)(2), by striking 1013 and inserting 1014 ; and (D) in subsection (e)(2)— (i) by striking and at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking 1013 in subparagraph (C) (as so redesignated) and inserting 1014 ; and (iv) by inserting after subparagraph (A) the following new subparagraph: (B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and . (d) Clerical Amendments The table of sections for subpart B of title X of such Act is amended— (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: Sec. 1013. Expedited consideration of certain proposed rescissions. . 3. Termination The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date in 2018 on which the Congress adjourns sine die.

https://www.govinfo.gov/content/pkg/BILLS-113hr1715ih/xml/BILLS-113hr1715ih.xml

113-hr-1716

I 113th CONGRESS 1st Session H. R. 1716 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Petri (for himself and Mr. Polis ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To simplify and improve the Federal student loan program through income-contingent repayment to provide stronger protections for borrowers, encourage responsible borrowing, and save money for taxpayers. 1. Short title This Act may be cited as the Earnings Contingent Education Loans Act of 2013 or the ExCEL Act of 2013 . 2. Termination of authority to make Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS Loans to students under the William D. Ford Federal Direct Loan Program Section 455(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(a) ) is amended by adding at the end the following: (4) Termination of authority to make Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS Loans to students under this part (A) In general Notwithstanding any provision of this part or part B, for any period of instruction beginning on or after July 1, 2014— (i) a student shall not be eligible to receive a Federal Direct Stafford Loan under this part; and (ii) a student shall not be eligible to receive a Federal Direct Unsubsidized Stafford Loan or Federal Direct PLUS Loan under this part, except as provided in subparagraph (B) . (B) Exceptions Subparagraph (A)(ii) shall not be applicable with respect to the following: (i) Existing student borrowers A student who, as of July 1, 2014, has an outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under part B or this part may continue to be eligible to borrow a loan under this part, except for a Federal Direct Stafford Loan, in accordance with subparagraph (C) until June 30, 2019. (ii) Parent PLUS Loans An excepted PLUS loan or excepted consolidation loan (as such terms are defined in section 493C(a)) under this part that is made to a parent on behalf of an undergraduate dependent student. (iii) Federal Direct Consolidation Loans A Federal Direct Consolidation Loan under this part. (C) Maximum annual amounts of Federal Direct Unsubsidized Stafford Loans The maximum annual amount of Federal Direct Unsubsidized Stafford Loans a student described in subparagraph (B)(i) may borrow in an academic year (as defined in section 481(a)(2)) or its equivalent shall be the maximum annual amount for such student determined under section 428H, plus an amount equal to the amount of Federal Direct Stafford Loans the student would have received in the absence of subparagraph (A)(i) . . 3. Establishment of the Income Dependent Education Assistance Loan Program and the IDEA Loan Repayment Program Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ) is amended by adding at the end the following new part: J Income Dependent Education Assistance Loans 1 IDEA Loans 499A. Program authority and agreements (a) Program authority (1) In general There are hereby made available, in accordance with the provisions of this part, such sums as may be necessary to make loans to all eligible students in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 2014. Loans made under this part shall be made by participating institutions, or consortia thereof, that have agreements with the Secretary to originate loans, or by alternative originators designated by the Secretary to make loans for students in attendance at participating institutions. (2) Designation The program established under this subpart shall be referred to as the Income Dependent Education Assistance Loan Program , or the IDEA Loan Program . (b) Funds for the origination of IDEA Loans The Secretary shall provide funds for student loans under this part in the same manner as the Secretary provides funds for the origination of Federal Direct Student Loans under part D in accordance with section 452. The requirements, rights, and limitations under section 452 with respect to the Secretary and institutions for funds provided for loans under part D shall apply with respect to the Secretary and institutions for funds provided for loans under this part, except that funds under this part shall not be provided for parent loans. (c) Selection of institutions for participation and origination, and agreements with institutions (1) Selection of institutions for participation and origination The Secretary shall enter into agreements with institutions of higher education to participate in the IDEA Loan Program under this part and agreements with institutions of higher education, or consortia thereof, to originate loans in such program for academic years beginning on or after July 1, 2014. The provisions of section 453 shall apply with respect to agreements under this section. The Secretary shall provide alternative origination services for loans under this part, as appropriate, in a manner consistent with the provisions of sections 453 and 456 related to alternative origination services for loans under part D. (2) Participation and origination agreements with institutions An agreement with any institution of higher education for participation in the IDEA Loan Program under this part, and an agreement with any institution of higher education, or consortia thereof, to originate loans in such program, shall have the same terms as the terms required under section 454 for agreements with an institution for participation or origination, respectively, in the student loan program under part D, except that agreements for participation or origination under this part shall not apply to parent loans. (3) Withdrawal and Termination Procedures The Secretary shall establish procedures by which institutions or consortia may withdraw or be terminated from the program under this part. 499B. Terms and conditions of IDEA Loans (a) Parallel terms, conditions, benefits, and amounts Unless otherwise specified in this part, Income Dependent Education Assistance Loans (hereinafter referred to as IDEA Loans ) made to borrowers under this part shall have the same terms, conditions, and benefits, and be available in the same amounts, as Federal Direct Unsubsidized Stafford Loans made to borrowers under part D, and first disbursed on the day before the date of enactment of the Earnings Contingent Education Loans Act of 2013 . (b) Eligible borrowers (1) In general In addition to the requirements of section 484, to be eligible to receive a loan (other than an IDEA Consolidation Loan) under this part, a borrower— (A) shall be an individual who, on the date of application for such loan, has no outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a)); or (B) in the case of an individual with an outstanding balance of principal or interest owing on any loan described in subparagraph (A) , shall consolidate all such existing loans into an IDEA Consolidation Loan under section 499C. (2) Only student borrowers eligible For purposes of this part, the term borrower shall not include a parent borrower. (c) Annual and Aggregate Limits (1) In general Subject to paragraph (2) , the maximum annual amount of IDEA Loans in any academic year (as defined in section 481(a)(2)) or its equivalent, and the maximum aggregate amount of IDEA Loans that a student may borrow, shall be the maximum annual amounts and maximum aggregate amounts, respectively, of Federal Direct Unsubsidized Stafford Loans under part D that such student would have been eligible to borrow in the absence of section 455(a)(4), as added by Earnings Contingent Education Loans Act of 2013 . (2) Graduate and professional students In the case of a graduate or professional student who would have been eligible to borrow a Federal Direct PLUS Loan under part D in the absence of section 455(a)(4), as added by Earnings Contingent Education Loans Act of 2013 , the maximum annual amounts and maximum aggregate amounts, respectively, of IDEA Loans that the student may borrow as determined under paragraph (1) for any academic year (as defined in section 481(a)(2)) or its equivalent, may be increased to an amount equal to the maximum annual amounts and maximum aggregate amounts, respectively, of Federal Direct PLUS Loans that such student would have been eligible to borrow in the absence of such section 455(a)(4). (d) Loan Fee The Secretary shall charge the borrower of a loan (other than an IDEA Consolidation Loan) made under this part an origination fee. Such fee shall be the sum of— (1) for the portion of the principal amount of the loan that is equal to (or less than) the maximum annual amount a student may borrow under subsection (c)(1) , 1.0 percent of such portion of the principal amount of the loan; plus (2) for the portion of the principal amount of the loan that exceeds the maximum annual amount a student may borrow under subsection (c)(1) , as authorized by subsection (c)(2) , 4.0 percent of such portion of the principal amount of the loan. (e) Interest rates (1) In general Except as provided in paragraph (2) , for IDEA Loans for which the first disbursement is made on or after July 1, 2014, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to— (A) the bond equivalent rate of 10-year Treasury bills auctioned at the final auction held prior to such June 1; plus (B) 3.0 percent. (2) Certain graduate and professional students Notwithstanding paragraph (1) , with respect to graduate or professional students who have increased maximum annual and aggregate loan limits under subsection (c)(2) , for IDEA Loans for which the first disbursement is made on or after July 1, 2014, the applicable rate of interest shall be the weighted average of— (A) the rate determined under paragraph (1) for the portion of the principal amount of the loan that is equal to (or less than) the maximum annual amount a student may borrow under subsection (c)(1) ; and (B) the rate determined under paragraph (1) , except that 4.1 percent shall be substituted for 3.0 percent in such determination, for the portion of the principal amount of the loan that exceeds the maximum annual amount a student may borrow under subsection (c)(1) , as authorized by subsection (c)(2) . (3) Consultation The Secretary shall determine the applicable rate of interest under paragraph (1) after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination. (4) Application of interest rate during the life of the loan (A) Fixed rate until cap The applicable rate of interest determined under paragraph (1) or (2) for an IDEA Loan shall be fixed for the life of the loan, except that interest shall cease to accrue when the total amount of interest (both paid and unpaid) that has accrued during the borrower’s grace and repayment periods equals 50 percent of the total amount of the loan (equal to the sum of the unpaid principal, interest, penalties, and fees due on the loan) as of first day of the borrower’s grace period. (B) In-school deferment period Interest shall accrue and be capitalized or paid by the borrower (but periodic installments of principal need not be paid) during the in-school deferment period with respect to an IDEA Loan. For the purposes of this part, the in-school deferment period with respect to an IDEA Loan is the first period during which the borrower is pursuing at least one-half the normal full-time academic workload (as determined by the institution) in the course of study for which the borrower received such loan and ending on the first day of the first month that begins after the borrower ceases to carry at least one-half the normal full-time academic workload (as determined by the institution) in the course of study. (C) Grace and repayment periods Interest that accrues during the borrower’s grace period (for the purposes of this title, defined as the period between the borrower’s in-school deferment period and the borrower’s repayment period) and during the borrower’s repayment period shall not be capitalized. (f) Armed Forces Student Loan Interest Payment Program Using funds received by transfer to the Secretary under section 2174 of title 10, United States Code, for the payment of interest on a loan made under this part to a member of the Armed Forces, the Secretary shall pay the interest on the loan as due for a period not in excess of 36 consecutive months. The Secretary may not pay interest on such a loan out of any funds other than funds that have been so transferred. (g) No Accrual of Interest for Active Duty Service Members (1) In general Notwithstanding any other provision of this part and in accordance with paragraphs (2) and (4), interest shall not accrue for an eligible military borrower on a loan made under this part for which the first disbursement is made on or after July 1, 2014. (2) IDEA Consolidation loans In the case of any IDEA Consolidation loan made under this part that is disbursed on or after July 1, 2014, interest shall not accrue pursuant to this subsection only on such portion of such loan as was used to repay a loan made under part D for which the first disbursement is made on or after October 1, 2008. (3) Eligible military borrower In this subsection, the term eligible military borrower means an individual who— (A) (i) is serving on active duty during a war or other military operation or national emergency; or (ii) is performing qualifying National Guard duty during a war or other military operation or national emergency; and (B) is serving in an area of hostilities in which service qualifies for special pay under section 310 of title 37, United States Code. (4) Limitation An individual who qualifies as an eligible military borrower under this subsection may receive the benefit of this subsection for not more than 60 months. (h) Loan cancellation and discharge The Secretary shall discharge a borrower's liability on a loan made under this part in accordance with subsections (a) and (c) of section 437. (i) No public service loan forgiveness A loan made under this part shall not be eligible for the public service loan forgiveness program under section 455(m). 499C. IDEA Consolidation Loans (a) IDEA Consolidation Loans (1) In general Except as provided in this section, an IDEA Consolidation Loan under this section shall have the same terms, conditions, and benefits, as IDEA Loans under this part. (2) Borrower and loan eligibility To be eligible to receive an IDEA Consolidation Loan under this section, a borrower— (A) shall— (i) meet the criteria described in section 428C(a)(3)(A); and (ii) in the case of a borrower described in section 499B(b)(1)(B), agree to consolidate into an IDEA Consolidation Loan all loans made to the borrower that are described in subparagraphs (A) and (C) of section 428C(a)(4) (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a)); (B) may consolidate the loans described in subparagraphs (B), (D), and (E) of section 428C(a)(4) into such IDEA Consolidation Loan; and (C) may not consolidate an IDEA Loan under section 499B into such IDEA Consolidation Loan. (3) Requirements for the Secretary In making IDEA Consolidation Loans under this section, the Secretary— (A) shall ensure that— (i) each IDEA Consolidation Loan will be made, notwithstanding any other provision of this title limiting the annual or aggregate principal amount for all loans made to the borrower, in an amount which is equal to the sum of the unpaid principal, interest, penalties, and fees of all loans received by the borrower which are selected by the borrower for consolidation under this section; and (ii) the proceeds of each IDEA Consolidation Loan will be paid by the Secretary to the holder or holders of the loans being consolidated to discharge the liability on such loans; (B) shall not discriminate against any borrower seeking such an IDEA Consolidation Loan— (i) based on the number or type of loans the borrower seeks to consolidate; (ii) based on the interest rate to be charged to the borrower with respect to the consolidation loan; or (iii) based on the type or category of institution of higher education that the borrower attends or attended; and (C) shall disclose to a prospective borrower, in simple and understandable terms, at the time the Secretary provides an application for an IDEA Consolidation Loan— (i) whether consolidation would result in a loss of loan benefits under part B or part D, including loan forgiveness, cancellation, and deferment; (ii) with respect to Federal Perkins Loans under part E— (I) that if a borrower includes a Federal Perkins Loan under part E in the consolidation loan, the borrower will lose all interest-free periods that would have been available for the Federal Perkins Loan, including— (aa) the periods during which no interest accrues on such loan while the borrower is enrolled in school at least half-time; (bb) the grace period under section 464(c)(1)(A); and (cc) the periods during which the borrower’s student loan repayments are deferred under section 464(c)(2); (II) that if a borrower includes a Federal Perkins Loan in the consolidation loan, the borrower will no longer be eligible for cancellation of part or all of the Federal Perkins Loan under section 465(a); and (III) the occupations listed in section 465 that qualify for Federal Perkins Loan cancellation under section 465(a); (iii) the options of the borrower to prepay the IDEA Consolidation Loan; (iv) the consequences of default on the IDEA Consolidation Loan; and (v) that by applying for an IDEA Consolidation Loan, the borrower is not obligated to agree to take the consolidation loan. (b) Interest rate (1) In general Notwithstanding section 499B(e), an IDEA Consolidation Loan for which the application is received on or after July 1, 2014, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent. Interest that accrues on such an IDEA Consolidation Loan shall not be capitalized. (2) Application of interest rate during the life of the loan The applicable rate of interest determined under paragraph (1) shall be fixed for the life of the IDEA Consolidation Loan, except that interest shall cease to accrue when the total amount of interest (both paid and unpaid) that has accrued on such Loan equals 50 percent of the total amount of the loans consolidated (as calculated on the date such Consolidation Loan is made, and equal to the sum of the unpaid principal, interest, penalties, and fees of all loans received by the borrower which are selected by the borrower for consolidation under this section). 2 IDEA Loan Repayment Program 1 Establishment of the IDEA Loan Repayment Program 499D. Duties of the Secretary of the Treasury (a) In general The Secretary of the Treasury, in consultation with the Secretary of Education, shall establish a program (hereinafter referred to as the IDEA Loan Repayment Program ) that provides for— (1) repaying loans under this part through voluntary wage withholding and quarterly estimated payments as provided in subsection (b) ); and (2) transmitting to the Secretary of Education— (A) an account of the amounts collected under subsection (b) with respect to each individual for whom a loan made under this part is in repayment status; and (B) such tax return information of each such individual as is necessary to determine the individual’s income-based repayment obligation as provided in subsection (c) . (b) Wage withholding and estimated payments (1) In general The Secretary of the Treasury shall, under rules similar to the rules of chapter 24 of the Internal Revenue Code of 1986, provide for employers making payment of wages to deduct and withhold upon such wages amounts determined in accordance with tables or computational procedures prescribed by the Secretary with respect to an employee who elects withholding under this subsection with respect to a loan made under this part that is in repayment status and, if so elected, with respect to any such loans of the employee’s spouse. (2) Withholding requirements The tables, procedures, and guidance prescribed under paragraph (1) shall provide— (A) for the election to have amounts withheld as provided under this subsection, (B) procedures and forms for an employee to indicate— (i) whether the employee (and, in the case of a married individual, whether the employee’s spouse) has a loan made under this part that is in repayment status; (ii) in the case of a married individual, whether the employee anticipates filing jointly (and accompanying guidance explaining that if filing status for the taxable year is uncertain the employee should indicate filing jointly to avoid underwithholding); (iii) whether the exemption amount to which the employee is entitled under this section should be taken into account in determining withholding (and accompanying guidance explaining that, in order to avoid underwithholding, the employee should only take into account the exemption in the case of the employee’s primary employer, unless total wages from more than one place of employment will not exceed the exemption amount); (iv) in the case of a married individual, whether the exemption amount to which the employee’s spouse is entitled under this section should be taken into account in determining withholding from the wages of the employee (and accompanying guidance explaining that, in order to avoid underwithholding, the employee should only take into account such exemption if such spouse is not employed, or if the total wages from the employee’s job and the spouse’s employment will not exceed the exemption amount; (v) the number of dependents of the employee with respect to whom the employee is entitled to a deduction under section 151(c) of the Internal Revenue Code of 1986, and, if a different number, in the case of a married employee, the number of dependents of the employee’s spouse with respect to whom such spouse is entitled to such deduction; and (vi) an election to have additional amounts withheld; and (C) for withholding with respect to any employee in an amount equal to the sum of— (i) in the case of an employee who has a loan made under this part in repayment status, the percentage of so much of the employee’s wages that would count towards the employee’s income-based repayment obligation provided in subsection (c) as exceeds any exemption amount taken into account with respect to the employee under subparagraph (A)(iii) (prorated to the payroll period), plus (ii) in the case of an employee who indicates that the employee’s spouse has a loan made under this part in repayment status, the percentage of so much of the employee’s wages that would count towards the employee’s spouse’s income-based repayment obligation (as provided in subsection (c)) as exceeds any exemption amount taken into account with respect to the employee’s spouse under subparagraph (A)(iv) (prorated to the payroll period). (3) Quarterly estimated tax payments In the case of taxpayers who make quarterly estimated tax return payments under section 6654 of the Internal Revenue Code of 1986 and who have a loan made under this part in repayment status, the Secretary shall provide similar tables and procedures for making voluntary repayments of loans made under this part concurrently with such quarterly payments. (4) Collection and payment The amounts required to be deducted and withheld under paragraph (1), and amounts required to be paid under paragraph (3), shall be collected by the Secretary of the Treasury and shall be paid into the general fund of the Treasury of the United States. (c) Determination of income-based repayment obligation (1) In general As soon as practicable after an individual for whom a loan made under this part is in repayment status during the taxable year files an income tax return for such taxable year, the Secretary of the Treasury shall transmit to the Secretary of Education such tax information as is necessary to determine— (A) the amount deducted and withheld under subsection (b)(1), and the amount paid under subsection (b)(3), for the taxable year with respect to such individual, and (B) the income-based repayment obligation for the taxable year for such individual. (2) Income-based repayment obligation For purposes of this section: (A) In general The income-based repayment obligation with respect to an individual for any taxable year is an amount equal to 15 percent of the excess of— (i) the sum of— (I) the wages, salaries, tips, and other employee compensation of the taxpayer, but only if such amounts are includible in gross income for the taxable year (determined without regard to section 911, 931, 933), (II) the amount of the taxpayer’s net earnings from self-employment for the taxable year (within the meaning of section 1402(a)), determined with regard to the deduction allowed to the taxpayer by section 164(f), plus (III) any other amount included in total income of the taxpayer for the taxable year but not described in subclause (I) or (II), over (ii) the sum of— (I) the exemption amount with respect to such individual, plus (II) the lesser of the amount determined with respect to the taxpayer under subclauses (II) and (III) of clause (i), or $3,000. (B) Special rules for married individuals (i) Each spouse with loan Except as provided in clause (ii), in the case of a joint return of two individuals who each have a loan made under this part in repayment status, the income-based repayment obligation with respect to each spouse shall be an amount determined under subparagraph (A) by apportioning ½ of the total income on such return to each spouse. (ii) Special rule for first year of marriage In the case of the first taxable year for which any two individuals make a joint return, the income-based repayment obligation with respect to such an individual shall be an amount equal to the lesser of— (I) the amount determined with respect to such individual under this paragraph (determined without regard to this clause), or (II) the amount determined with respect to such individual under this paragraph (determined by allocating to each spouse the amounts described in subclause (I) and (II) of subparagraph (A)(i) in proportion to the amounts attributable to each spouse, by allocating ½ of the amount described in subparagraph (A)(i)(III) to each spouse, and without regard to clause (i)). (C) Exclusion of certain amounts paid on behalf of individual Any amount paid on the borrower’s behalf under section 499E(5) shall not be taken into account in determining such borrower’s income-based repayment obligation. (3) Exemption amount For purposes of this section: (A) In general Except as provided in subparagraph (B), the exemption amount with respect to an individual shall be an amount equal to 150 percent of the poverty line for the individual’s household size (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) for the calendar year in which the taxable year ends. (B) Special rule for married individuals who both have loans made under this part If for any taxable year an individual is married, files a joint return, and has a spouse with a loan made under this part in repayment status, then the exemption amount with respect to such individual shall be an amount equal to the sum of— (i) 150 percent of the poverty line for a household size of one (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) for the calendar year in which the taxable year ends, and (ii) ½ of the excess of— (I) 150 percent of the poverty line for the individual’s household size minus 1 (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) for the calendar year in which the taxable year ends, over (II) the amount determined under clause (i). (C) Household size For purposes of this paragraph, an individual’s household size shall be determined by reference to the individual, the number of dependents of the taxpayer with respect to whom the taxpayer is entitled to a deduction under section 151(c) of the Internal Revenue Code of 1986, and, if married and filing jointly, such individual’s spouse. (4) Individuals not filing a return (A) Individuals not required to file The income-based repayment obligation with respect to an individual not required to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 shall be treated as zero. (B) Failure to file In the case of an individual who makes an election under subsection (b) with respect to a loan made under this part in repayment status and fails to file a return under section 6012(a)(1), the Secretary of the Treasury shall transmit to the Secretary of Education any such tax information of the individual as may be necessary to determine whether such individual is in default under the terms of such loan. (5) Subsequent transmission of employer information reporting As soon as practicable after receiving from an employer information reporting with respect to withholding under subsection (b)(1) of an individual, the Secretary of the Treasury shall transmit to the Secretary of Education such information as may be useful in verifying the information with respect to withholding transmitted under paragraph (1). (d) Additional program requirements The Secretary of the Treasury shall establish such other policies, procedures, and guidance as may be necessary to carry out the purposes of this section, including measures to prevent underwithholding, under-reporting, and evasion of repayment or filing. Amounts shall be deducted and withheld under this section as the Secretary determines to be most appropriate to carry out the purposes of the IDEA Loan Repayment Program and to reflect, as accurately as is practicable, an individual’s income-based repayment obligation. 499E. Duties of the Secretary of Education The Secretary shall carry out the following activities as part of the IDEA Loan Repayment Program established under this chapter: (1) Calculation of annual repayment amounts The Secretary shall calculate the annual repayment amounts under 499F(b) for borrowers with 1 or more loans made under this part in repayment status, including the income-based repayment obligations of such borrowers in accordance with section 499D(c)(2). (2) Communication with the Secretary of the Treasury The Secretary shall transmit to the Secretary of the Treasury such information as is necessary for the Secretary of the Treasury to carry out section 499D. (3) Annual statements Upon calculating the annual repayment amounts under paragraph (1) for a taxable year, the Secretary shall provide a statement, on an annual basis, to each borrower with a loan made under this part, which lists the following: (A) Total payments made on the borrower’s annual repayment amount for such taxable year. (B) The borrower’s annual repayment amount for such taxable year. (C) In the case of a borrower who, according to section 499F(f), has underpaid such annual repayment amount, the amount of such underpayment and the process for paying such underpayment under section 499F(f)(2). (D) In the case of a borrower with an overpayment on such annual repayment amount, the amount of such overpayment and the process for requesting a refund of such amount under section 499F(g), if applicable. (E) The outstanding balances on all the loans made to the borrower under this part. (F) A description of how the borrower’s annual repayment amount was calculated under paragraph (1) or (2) of section 499F(b). (4) Direct payment The Secretary shall enable a borrower to make direct payments on the borrower’s annual repayment amount for the taxable year to the Secretary throughout the year, including by providing a process for the borrower to make such payments automatically, on a periodic basis, and in an amount specified by the borrower. (5) Payments on a taxpayer’s behalf The Secretary shall— (A) provide a mechanism for other individuals or entities to make payments on the annual repayment amount of a borrower for a taxable year; and (B) notify the borrower that any payments made under subparagraph (A) for the taxable year that exceed the annual repayment amount for the year shall not be refunded to the borrower. (6) Calculating interest accrued The Secretary shall calculate the interest accrued for the taxable year as if the borrower’s payments under wage withholding or quarterly estimated payments under section 499D(b) for the taxable year were made in 12 equal increments throughout the year. (7) Managing loans The Secretary shall provide, through the Internet, a tool that has an interface that is consistent for all borrowers with a loan under this part, which enables each such borrower to— (A) view the outstanding balances on the borrower’s loans made under this part; (B) make a direct payment on the borrower’s annual repayment amount or indicate that any overpayment should be refunded or applied to such loans as a prepayment amount; (C) view prior annual statements for such loans provided under paragraph (3) ; (D) view a history of payments made on such loans (including the method and source of each payment, such as tax withholding, estimated taxes, direct payment, or payments made on the borrower’s behalf); (E) view the borrower’s annual repayment amount for that year, the amount already paid on such annual repayment amount, and any amount owed by the borrower or due to be refunded to the borrower; (F) view the borrower’s loans made under this part that have been paid off; (G) enable the borrower to initiate an appeal process under paragraph (8) ; and (H) easily determine whether benefits under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), if applicable, have been applied to the borrower’s loans made under this part. (8) Appeals process The Secretary shall make available a process through which a borrower can appeal the calculation of the borrower’s annual repayment amount, including a worksheet that enables a borrower to calculate the borrower’s annual repayment amount. (9) Default for failure to file a return In a case in which the Secretary receives information from the Secretary of the Treasury under section 499D(c)(4) that a borrower with a loan made under this part in repayment status has failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and such borrower was required to file such a return, the Secretary shall— (A) notify the borrower of the borrower’s failure to file such a return; and (B) if the borrower fails to file such a return within 90 days of receipt of the notice described in subparagraph (A), consider the borrower’s loans made under this part in repayment status to be in default. (10) National Directory of New Hires The Secretary shall send notices to borrowers under paragraph (5) of section 435(i) of the Social Security Act ( 42 U.S.C. 653(i) ), as added by section 5 of the Earnings Contingent Education Loans Act of 2013 . 2 Borrower repayment of IDEA Loans and IDEA Consolidation Loans 499F. Borrower repayment (a) Repayment period The repayment period of a loan made under this part shall— (1) begin on the first day of the first taxable year that begins after the borrower’s in-school deferment period, or in the case of an IDEA Consolidation Loan, on the first day of the first taxable year that begins after such Consolidation Loan is disbursed; and (2) continue until the loan is paid in full, except that the Secretary may grant a borrower forbearance of the borrower’s annual repayment amount— (A) for a period not to exceed 60 days, due to administrative or technical reasons; (B) for a period not to exceed 3 months, due to unusual circumstances that disrupt the borrower’s ability to make timely payments on the loan; or (C) renewable at 12-month intervals for a period not to exceed 3 years, due to documented extreme economic hardship on the part of a borrower. (b) Annual repayment amount The annual repayment amount under this part for a taxable year for a borrower with 1 or more loans made under this part in repayment status shall be equal to the lesser of— (1) the income-based repayment obligation for such borrower for such year, as calculated under section 499E(1); or (2) an amount equal to the sum of the outstanding balances (equal to the sum of the unpaid principal, interest, penalties, and fees) that the borrower owes on such loans. (c) Methods of repayment In repaying an annual repayment amount owed by a borrower for a taxable year, a borrower may— (1) with respect to any wages earned by the borrower that are subject to Federal income tax withholding, have amounts withheld upon such wages under section 499D(b)(2); (2) in the case of a borrower who makes quarterly estimated tax return payments under section 6654 of the Internal Revenue Code of 1986 for the year, pay such annual repayment amount concurrently with such quarterly payments under section 499D(b)(3); (3) make direct payments under section 499E(4) on such amount to the Secretary throughout the year; or (4) have other individuals or entities make payments under section 499E(5) on the borrower’s annual repayment amount for the year. (d) Order of crediting Payments on loans made under this part shall be applied, without regard to the method of such payments, first toward penalties due on the loans, next toward any fees due on the loans, then toward any interest due on the loans, and finally toward the principal due on the loan with the highest applicable rate of interest among such loans. (e) Prepayment authorized A borrower shall have the right to prepay all or part of such loan, at any time and without penalty. Any such prepayment amount will be applied to loans made under this part in the same order as described in subsection (d) . (f) Underpayments (1) Penalties for underpayments (A) In general Subject to subparagraph (C) , if, as of the last day of a taxable year, a borrower has not paid at least 90 percent of the borrower’s annual repayment amount for such year, the borrower shall be charged a penalty in an amount equal to 10 percent of the difference between— (i) an amount equal to 90 percent of the borrower’s annual repayment amount for such year; and (ii) the amount paid on such annual repayment amount as of such day. (B) Increase of annual repayment amount A borrower’s annual repayment amount calculated under subsection (b) for such year shall be increased by the amount of such penalty, but such penalty shall not be treated as a principal or interest amount for a loan made under this part. (C) Exception A borrower who has paid 100 percent of the borrower’s annual repayment amount for the taxable year preceding the taxable year described in subparagraph (A) shall not be subject to the penalty under this paragraph for the taxable year described in subparagraph (A) . (2) Reconciling underpayments (A) In general If, as of the last day of a taxable year, the sum of the payments made on a borrower’s annual repayment amount for such year is less than the total amount of the borrower’s annual repayment amount for such year, the borrower— (i) in the case of the first year that the borrower has a difference between such amounts— (I) may request, in such manner as the Secretary shall require, that the Secretary reduce the borrower’s annual repayment amount for such year to the sum of— (aa) the payments made, as of such day, on the borrower’s annual repayment amount for such year; and (bb) any penalties calculated under paragraph (1) resulting from such underpayment; and (II) if the borrower qualifies for the reduction requested under subclause (I), shall pay the sum calculated under such subclause at such time and in such manner as required by the Secretary; (ii) if the borrower does not qualify for a reduction under clause (i) or does not request such a reduction, shall pay to the Secretary an amount equal to the difference between such amounts within the 30-day period beginning on the date of receipt by the borrower of the borrower’s annual statement described in section 499E(3) for such year; or (iii) if the borrower fails to pay the amount owed by the borrower as calculated under clause (ii) within the 30-day period, shall be charged a penalty equal to 2 percent of such amount for each month (prorated based on the percentage of a month such penalty is charged) that such amount is owed or until the borrower defaults on the loan for which such amount is owed, whichever occurs first. (B) Default A loan for which an amount is owed under subparagraph (A) and that is not paid within 360 days after the date of receipt by the borrower of the borrower’s annual statement described in subparagraph (A) shall be considered to be default. (g) Overpayments If, as of the last day of a taxable year, the sum of the payments made on a borrower’s annual repayment amount for such year is greater than the total amount of the borrower’s annual repayment amount for such year, the Secretary shall— (1) refund the overpayment amount, if the borrower notifies the Secretary, within the 90-day period beginning on the date of receipt of the borrower’s annual statement described in section 499E(3) for such year and in a manner prescribed by the Secretary, that the borrower desires to have the overpayment amount refunded; or (2) if a borrower fails to notify the Secretary of the borrower’s desire for a refund of such amount within such 90-day period, apply such amount as a prepayment to the borrower’s loans made under this part in the same manner as a prepayment authorized under subsection (e) . (h) Employer failure To withhold payments In the case of a borrower whose employer fails to withhold amounts under section 499D(b)(2) upon any wages earned by the borrower that are subject to Federal income tax withholding and with respect to which the borrower made an election to have amounts withheld under section 499(b)(2), the Secretary shall— (1) reduce the borrower’s annual repayment to an amount equal to the borrower’s annual repayment amount had wages from such employer been excluded when calculating the borrower's annual repayment amount; and (2) reduce any penalties for underpayments calculated under subsection (f)(1) and refund any overpayments on such annual repayment amount, accordingly. . 4. Conforming changes to the Higher Education Act of 1965 (a) Loan forgiveness and cancellation for teachers (1) Loan forgiveness for teachers Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078–10) is amended— (A) in subsection (b), by inserting or for an IDEA loan made under part J, after or 428H, ; and (B) in subsection (c)— (i) in paragraph (1), by inserting or an IDEA loan made under part J after or 428H ; or (ii) in paragraph (2)— (I) by striking A loan and inserting the following: (A) Loans made under section 428C A loan ; and (II) by adding at the end the following new subparagraph: (B) IDEA Consolidation Loan A loan amount for an IDEA Consolidation Loan may be a qualified loan amount for purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Consolidation Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428, 428C, or 428H. . (2) Loan cancellation for teachers Section 460 of such Act (20 U.S.C. 1087j) is amended— (A) in subsection (b), by inserting or for an IDEA loan made under part J after under this part ; (B) in subsection (c)— (i) in paragraph (1), by striking or a Federal Direct Unsubsidized Stafford Loan and inserting , a Federal Direct Unsubsidized Stafford Loan, or an IDEA loan made under part J ; and (ii) in paragraph (2)— (I) by striking A loan and inserting the following: (A) Federal Direct Consolidation Loan A loan ; and (II) by adding at the end the following new subparagraph: (B) IDEA Consolidation Loan A loan amount for an IDEA Consolidation Loan may be a qualified loan amount for purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Consolidation Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428, 428C, or 428H. . (b) Loan forgiveness for service in areas of national need Section 428K(a)(2) of such Act (20 U.S.C. 1078–11(a)(2)) is amended— (1) by striking and at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (C) to cancel the qualified loan amount for a loan made under part J of this title. . (c) Loan repayment for civil legal assistance attorneys Section 428L(b)(2)(A) of such Act (20 U.S.C. 1078–12(b)(2)(A)) is amended— (1) in clause (1), by striking or part E and inserting , part E, or part J ; and (2) in clause (ii)— (A) in the matter preceding subclause (I), by striking or 455(g) and inserting , 455(g), or 499C ; (B) by striking or at the end of subclause (II); (C) by redesignating subclause (III) as subclause (IV); and (D) by inserting after subclause (II) the following: (III) a Federal Direct Consolidation loan or a loan made under section 428C, in the case of a loan made under section 499C; or . (d) Master promissory note Section 432(m)(1)(D) of such Act ( 20 U.S.C. 1082(m)(1)(D) ) is amended— (1) by striking this part and part D each place it appears and by inserting this part, part D, and part J ; and (2) by striking this part or part D each place it appears and by inserting this part, part D, or part J . (e) Contracts Section 456 of such Act ( 20 U.S.C. 1087f ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking this part each place it appears and inserting this part or part J ; and (B) in paragraph (4), by inserting or part J after this part ; and (2) in subsection (b)— (A) in paragraph (1), by inserting or the program under part J after (or their parents) ; (B) in paragraph (2), by inserting or part J after this part ; (C) in paragraph (3), by inserting or part J after this part ; and (D) in paragraph (4), by inserting or the IDEA Loan Program after loan program . (f) Funds for administrative expenses Section 458(a)(3) of such Act (20 U.S.C. 1087h(a)(3)) is amended— (1) by striking this part and part B and inserting this part, part B, and part J ; and (2) by inserting before the period at the end the following: and part J . (g) Student eligibility Section 484 of such Act ( 20 U.S.C. 1091 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by striking or D and inserting , D, or E ; and (B) in paragraph (4)(B), by striking or E and inserting E, or J ; (2) in subsection (d), by striking and E and inserting E, and J ; (3) in subsection (f), by striking or part E each place it appears and inserting part E, or part J ; and (4) in subsection (m), by striking and E and inserting E, and J . (h) Institutional and financial assistance information for students Section 485 of such Act ( 20 U.S.C. 1092 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(M), by striking and E and inserting E, and J ; and (B) in paragraph (7)(A)(i), by striking Loan) each place it appears and inserting Loan) or part J ; (2) in subsection (b)— (A) in paragraph (1)(A)— (i) in the matter preceding clause (i), by inserting or made under part J after part E ; and (ii) in clause (vii)— (I) by inserting or an IDEA Consolidation Loan after Federal Direct Consolidation Loan ; and (II) by striking and E and inserting E, and J ; and (B) in paragraph (2)(A), by striking or E and inserting E, or J ; and (3) in subsection (l)(1)— (A) in subparagraph (A), in the matter preceding clause (i), by inserting or made under part J after student) ; and (B) in subparagraph (B), by striking or D and inserting , D, or J . 5. National Directory of New Hires Section 435(i) of the Social Security Act ( 42 U.S.C. 653(i) ) is amended by adding at the end the following new paragraph: (5) Sending notice to borrowers of certain student loans The Secretary of Education shall have access to the information in the National Directory of New Hires for purposes of, on at least a monthly basis— (A) determining when individuals with an IDEA Loan or IDEA Consolidation loan made under part J of title IV of the Higher Education Act of 1965 in repayment status are hired by employers who are making payments of wages to such individuals; and (B) sending a notice to each such individual to remind such individual that— (i) the individual has 1 or more loan described in subparagraph (A) in repayment status; (ii) the individual is responsible for providing accurate information to the individual’s employer to ensure that the employer will deduct and withhold upon such wages amounts to repay such loans in accordance with section 499D(b) of the Earnings Contingent Education Loans Act of 2013 ; and (iii) failure to provide such accurate information will likely result in significant penalties, default, or collections proceedings. 6. Withheld amounts included on W–2 (a) In general Subsection (a) of section 6051 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting , and , and by inserting after paragraph (14) the following new paragraph: (15) the total amount deducted and withheld under the IDEA Loan Repayment Program established under chapter 1 of subpart 2 of part J of title IV of the Higher Education Act of 1965. . (b) Effective date The amendments made by this section shall apply to amounts deducted and withheld after the date of the enactment of this Act. 7. Disclosure of return information for purposes of IDEA Loan Repayment Program (a) In general Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information to Department of Education for purposes of administering IDEA Loan Repayment Program (A) In general The Secretary shall, upon written request, disclose to the Department of Education such return information as is necessary for purposes of carrying out the IDEA Loan Repayment Program established under subpart 2 of part J of the Higher Education Act of 1965. (B) Restriction on disclosure Return information disclosed under subparagraph (A) may be used by officers, employees, and contractors of the Department of Education only for purposes of, and to the extent necessary in— (i) determining income-based repayment obligations under the IDEA Loan Repayment Program, and (ii) determining amounts deducted and withheld, and amounts paid concurrently with quarterly estimated taxes, under the IDEA Loan Repayment Program. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 8. Sense of Congress It is the sense of Congress that any loan repayment or forgiveness program available under a Federal law outside of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) to students with loans made under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) should be available to students with loans made under part J of such title of such Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1716ih/xml/BILLS-113hr1716ih.xml

113-hr-1717

I 113th CONGRESS 1st Session H. R. 1717 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Price of Georgia (for himself, Mr. Larson of Connecticut , Mr. Thompson of Pennsylvania , Mr. Braley of Iowa , Mr. Roe of Tennessee , Mr. Ryan of Ohio , Mr. Tiberi , Mr. Loebsack , Mr. Joyce , Mr. McKinley , Mrs. Capito , Mr. DesJarlais , Mrs. Blackburn , Mr. Barletta , Mr. Grimm , Mr. Austin Scott of Georgia , Mr. Harper , Mr. Marino , Mr. Crenshaw , Mr. King of New York , Mr. Johnson of Ohio , Mr. Fortenberry , Mr. Chabot , Mr. Posey , Mr. Lankford , and Mr. Nunnelee ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and 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 amend title XVIII of the Social Security Act to establish a market pricing program for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) under part B of the Medicare program. 1. Short title This Act may be cited as the Medicare DMEPOS Market Pricing Program Act of 2013 . 2. Termination of competitive acquisition program Section 1847(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(1) ) is amended— (1) in subparagraph (B), by striking The programs and inserting Subject to subparagraph (G), the programs ; (2) in subparagraph (D), by striking clauses (ii) and (iii); and (3) by adding at the end the following new subparagraph: (G) Termination of program; transition (i) No additional competition rounds Notwithstanding subparagraph (B), the competition under this section shall end on December 31, 2013, with round 1. The Secretary shall take no further action to implement round 2 of the competitive acquisition program, the national mail order competitive acquisition program, or any subsequent round of the competitive acquisition program under this section. (ii) Contract termination The contracts awarded under this section before the date of the enactment of this subparagraph shall terminate on July 1, 2013, and no payment shall be made under this title after such date based on such a contract. To the extent that any damages may be applicable as a result of the termination of such contracts, such damages shall be payable from the Federal Supplementary Medical Insurance Trust Fund under section 1841. Nothing in this clause shall be construed to provide an independent cause of action or right to administrative or judicial review with regard to the termination provided under this clause. . 3. Transitional payment after termination of DMEPOS competitive bidding program (a) Transitional payment rules (1) Payment for durable medical equipment (A) In general Section 1834(a)(1) of the Social Security Act (42 U.S.C. 1395m(a)(1)) is amended— (i) in subparagraph (F)(i)— (I) by inserting and before July 1, 2013, after January 1, 2011, ; (II) by striking , subject to subparagraphs (G) and (H), ; and (III) by adding and at the end; (ii) in subparagraph (F)(ii)— (I) by striking (and, in the case of covered items and all that follows through subject to clause (iii) shall) ; and (II) by striking ; and at the end and inserting a period; (iii) by striking clause (iii) of subparagraph (F); (iv) by striking subparagraphs (G) and (H); and (v) by adding at the end the following new subparagraph: (G) Payment rates in round 1 areas during transition (i) In general In the case of covered items and services that are furnished in an area that had been designated by the Secretary as a competitive acquisition program under section 1847(a)(1)(B)(i)(I) on or after the date on which contracts for the furnishing of such covered items and services expire, the payment basis under this subsection for such items and services furnished in such area shall be the amount described in clause (ii) or (iii), as the case may be. (ii) Payment rates in round 2 for items and services that are not diabetic testing supplies (I) In general In the case of covered items that were selected to be furnished in the competitive acquisition program (excluding diabetic supplies) in a competitive acquisition area selected pursuant to section 1847(a)(1)(B)(i)(II) on or after July 1, 2013, and before the date on which the Secretary implements the market pricing program under section 1847C, subject to subclause (II), the payment basis under this subsection for such items and services furnished in such areas shall be 95 percent of the amount established under this subsection. (II) Further reductions in 2014 and 2015 In the case of covered items described in subclause (I) that are furnished during 2014, the payment basis under this subsection for such items furnished in such areas shall be reduced by 10 percent from the amount described in such subclause. In the case of such items and services that are furnished in such areas on or after January 1, 2015, and before the date on which the Secretary implements the market pricing program under section 1847C, the payment basis under this subsection for such items and services shall be further reduced by 10 percent after taking into account the reduction effected under the preceding sentence. (iii) Payment rates for diabetic supplies (I) In general In the case of all diabetic testing supplies, mail order and non-mail order (HCPCS Codes A4233, A4234, A4235, A4236, A4253, A4256, A4258, and A4259, including the KL modifier), effective July 1, 2013, and before the date on which the Secretary implements the market pricing program under section 1847C and subject to subclause (II), the payment basis under this subsection for such supplies shall be 90 percent of the amount otherwise established under this subsection. (II) Further reductions in 2014 and 2015 In the case of supplies described in subclause (I) that are furnished during 2014, the payment basis under this subsection for such items furnished in such areas shall be reduced by 15 percent from the amount described in such subclause. In the case of such supplies that are furnished in such areas on or after January 1, 2015, and before the date on which the Secretary implements the market pricing program under section 1847C, the payment basis under this subsection for such supplies shall be further reduced by 15 percent after taking into account the reduction effected under the preceding sentence. . (B) Conforming amendments Section 1842(s) of the Social Security Act (42 U.S.C. 1395u(s)) is amended— (i) in paragraph (3), in the matter preceding subparagraph (A), by inserting and that are furnished in such an area on or before July 1, 2013 after section 1847(a) ; and (ii) by adding at the end the following new paragraph: (4) (A) (i) In the case of items and services described in paragraph (2)(D) that are furnished in an area that had been designated by the Secretary as a competitive acquisition area under section 1847(a)(1)(B)(i)(I) on or after the date on which contracts for the furnishing of such covered items and services expire, the payment basis under this subsection for such items and services furnished in such area shall be the amounts described in clause (ii). (ii) (I) In the case of items and services described in paragraph (2)(D) that were selected to be furnished in the competitive acquisition program in a competitive acquisition area selected pursuant to section 1847(a)(1)(B)(i)(II) on or after July 1, 2013, and before the date on which the Secretary implements the market pricing program under section 1847C, subject to subclause (II), the payment basis under this subsection for such items and services furnished in such areas shall be 95 percent of the amount otherwise established under this subsection. (II) In the case of covered items and services described in subclause (I) that are furnished during 2014, the payment basis under this subsection for such items and services furnished in such areas shall be reduced by 10 percent from the amount described in such subclause. In the case of such items and services that are furnished in such areas on or after January 1, 2015, and before the date on which the Secretary implements the market pricing program under section 1847C, the payment basis under this subsection for such supplies shall be further reduced by 10 percent after taking into account the reduction effected under the preceding sentence. (B) (i) In the case of items and services described in paragraph (2)(D) that are included in the market pricing program under section 1847C, the payment basis under this subsection for such items and services furnished in such area shall be the payment basis determined under such competitive acquisition program. (ii) The Secretary may use information on the payment determined under such market pricing program to adjust the payment amount otherwise applicable under clause (i) for an area that is not a market pricing area under section 1847C, and in the case of such adjustment, paragraphs (8) and (9) of subsection (b) shall not be applied. . (2) Treatment of suppliers in competitive acquisition program areas Section 1847(b)(4) of the Social Security Act ( 42 U.S.C. 1395w–3(b)(4) ) is amended— (A) in subparagraph (A)— (i) in the first sentence, by striking The Secretary may limit and inserting Until December 31, 2013, the Secretary may limit ; and (ii) by inserting after the first sentence the following: The preceding sentence shall not apply to items and services furnished in an eligible auction area (within the meaning of subsection (a)(4) of section 1847C) on or after the date of the implementation of the market pricing program under such section. ; and (B) by adding at the end the following new subparagraph: (C) Non-contracted suppliers in market pricing program The Secretary also shall award contracts to any supplier that meets eligibility requirements under this title for the furnishing of such items and services so long as the supplier accepts the price established under such program as payment in full for such items and services. . (3) Payment for off-the-shelf orthotics Section 1834(h)(1) of the Social Security Act ( 42 U.S.C. 1395m(h)(1) ) is amended by adding at the end the following new subparagraph: (I) Application of market pricing program; limitation of inherent reasonableness authority In the case of orthotics described in subsection (b)(1)(K) of section 1847C furnished on or after January 1, 2014, in an eligible auction area, that are included in a market pricing program under such section— (i) the payment basis under this subsection for such orthotics furnished in such area shall be the payment basis determined under such market pricing program; and (ii) the Secretary may use information on the payment determined under such market pricing program to adjust the payment amount otherwise recognized under subparagraph (B)(ii) for an area that is not an eligible auction area under section 1847C, and in the case of such adjustment, paragraphs (8) and (9) of section 1842(b) shall not be applied. . (b) Policy after implementation of the market pricing program (1) In general Section 1834(a)(1) of the Social Security Act (42 U.S.C. 1395m(a)(1)), as amended by subsection (a)(1)(B), is amended by adding at the end the following new subparagraph: (H) Application of market pricing program; limitation of inherent reasonableness authority (i) In general In the case of market priced items and services described in section 1847C(b)(1) furnished on or after the date of implementation of a market pricing program for which a price has been established under the program conducted in an eligible auction area under section 1847C, the payment basis under this subsection— (I) in the eligible auction area shall be the amount determined under the auction conducted in such eligible auction area for such items and services; or (II) in another eligible auction area shall be the amount determined under subclause (I) adjusted by the appropriate factor described in section 1847C(d)(7)(B)(iv). (ii) No adjustment in payment amount during initial two-year period of pricing program During the term of any contract awarded pursuant to section 1847C(d)(6) for an item and service described in clause (i), the Secretary may not adjust the payment basis established under such clause to take into account the effects of a later-conducted auction during that two-year contract period. The Secretary may, at the termination of a contract awarded under section 1847C(d)(6) for such an item or service, adjust such payment basis to take into account the effects of a later-conducted auction. (iii) Market pricing in rural and non-competitive areas The Secretary, after consultation with the auction expert under section 1847C, may (and, in the case of covered items furnished on or after January 1, 2016, shall) use information on the payment determined under such market pricing program to adjust the payment amount otherwise recognized under subparagraph (B)(ii) for an area in which an auction has not been conducted pursuant to section 1847C(a). (iv) Continued use of additional information In the case of covered items furnished on or after January 1, 2016, the Secretary shall continue to make such adjustments described in clause (ii) as, under such market pricing program, additional covered items are phased in or information is updated as contracts are renewed under such program. . (2) Regulatory authority Section 1834(a)(1)(G) of the Social Security Act (42 U.S.C. 1395w–3(a)(1)(G)) is amended— (A) in the subparagraph heading, by inserting or market pricing before rates ; (B) by striking subparagraph (F)(ii) and inserting subparagraph (F)(ii), subparagraph (H)(iii), ; and (C) by inserting or eligible auction areas in which an auction has been conducted, after June 30, 2013, after competitive acquisition areas . 4. Establishment of DMEPOS market pricing program (a) In general Part B of title XVIII of the Social Security Act is amended by inserting after section 1847B (42 U.S.C. 1395w–3b) the following new section: 1847C. DMEPOS market pricing program (a) Establishment (1) In general The Secretary shall establish and implement a market pricing program (in this section referred to as market pricing program ) under which auctions are conducted in eligible auction areas (as defined in paragraph (4)) throughout the United States for the furnishing of market priced items and services (as defined in subsection (b)) for which payment is made under this part. (2) Roles of auction expert and market monitor The elements of the market pricing program, including eligible auction areas, auction design, establishing of clearing prices, and conduct of auctions, shall be established and operated in consultation with, and after input and review by, the auction expert and the market monitor under subsection (g). In this section, the terms auction expert and market monitor refer to the respective auction expert and market monitor contracted with under subsection (g)(1). (3) Implementation The market pricing program shall be implemented in all eligible auction areas so that market pricing occurs nationwide in the first year of implementation consistent with the following: (A) First year of implementation In the first year of implementation— (i) auctions under the program shall be held in at least 20 percent of eligible auction areas; (ii) prices in these areas will be set by such auctions; (iii) in each eligible auction area 2 categories of items shall be selected for auction; (iv) prices for categories not selected for auction in the area shall be set by reference to auctions held for those categories in econometrically similar areas; and (v) in those areas in which no auctions are held, prices for all categories will be set by reference to auctions held for those categories in econometrically similar areas. (B) Second year of implementation In the second year of implementation— (i) auctions shall be held in other eligible auction areas that include 10 percent of eligible auction areas; and (ii) prices in those areas in which no auctions are held or for categories in which an auction is not held, shall be set in the same manner as under subparagraph (A). (C) Subsequent years In each subsequent year of implementation— (i) auctions shall be held in an additional 10 percent of eligible auction areas, selected by the Secretary annually on an ongoing and rotating basis, until all eligible auction areas have been covered; and (ii) prices in those areas in which no auctions are held or for categories in which an auction is not held, shall be set in the same manner as under subparagraph (A). (D) Once the market pricing program is applied throughout the United States under subparagraph (C), the Secretary shall conduct auctions for different eligible auction areas throughout the United States on an ongoing and rotating basis covering 10 percent of eligible auction areas no later than March for each subsequent year. (E) The requirements of this section shall apply to each subsequent round of market-priced auctions in the same manner that such requirements apply to the initial market-priced auction. (4) Eligible auction areas (A) In general In this section and section 1834, the term eligible auction areas means counties, aggregations of counties, or parts of counties, not excluded under subparagraph (D), as established by the Secretary. (B) Market areas must reflect economic interdependency In determining and selecting eligible auction areas, the Secretary shall choose, from among counties, aggregations of counties, or parts of counties, auction areas that form an economically interdependent area reflecting standard econometric market models. Nothing in this subparagraph shall preclude the Secretary from subdividing a large county to take into account population and geographic size in establishing auction areas in order to comply with this subparagraph. (C) Selection of auction areas In selecting auction areas in which an auction will be conducted under this section, the Secretary shall ensure that several auction areas of each econometric model are chosen. (D) Exclusion of certain auction areas The Secretary shall not subject areas described in clause (iii) of section 1847(a)(1)(D) to market program reimbursement rates before the year specified in such clause. (5) Application of certain policies applicable to competitive acquisition programs The following provisions of subsection (a)(1) of section 1847 shall apply to the market pricing program in the same manner as they apply to competitive acquisition programs under such section except as otherwise provided: (A) Subparagraph (C) (relating to waiver of certain provisions). (B) Subparagraph (E) (relating to verification by OIG), except that the assessment shall be of market pricing and subsequent pricing determinations that are the basis for auction prices and single payment amounts for items and services in eligible auction areas and shall be conducted in the first two years of the market pricing program and may continue in subsequent years of the program. (C) Subparagraph (F) (relating to feedback on missing financial documentation), except that any reference to a round of a program is deemed a reference to a year of the market pricing program. (b) Market priced items and services defined (1) In general In this section, subject to paragraph (2), the term market priced items and services means the following: (A) Oxygen supplies and equipment. (B) Standard power wheelchairs, power scooters, and related accessories. (C) Manual wheelchairs. (D) Enteral nutrients, equipment, and supplies. (E) Continuous positive airway pressure devices, respiratory assistive devices, and related supplies. (F) Hospital beds and related accessories. (G) Walkers and related accessories. (H) Support services (Group 2 mattresses and overlays). (I) Negative pressure wound therapy pumps and related supplies and accessories. (J) Diabetic supplies. (K) Off-the-shelf orthotics described in section 1847(a)(2)(C) furnished on or after July 1, 2013. (L) External infusion pumps and supplies. (M) Other items and services (other than those items and services specified in paragraph (2)) that could have been subject to participation in competitive acquisition programs under section 1847(a)(1). (2) Excluded items Such term does not include the following: (A) An adjustable skin protection cushion used in connection with a wheelchair. (B) A complex rehabilitative power wheelchair and related accessories. (C) A manual wheelchair billed using current HCPCS Codes K0005 or E1161, and related accessories for such a wheelchair. (D) A medical device classified in class III under the Federal Food, Drug, and Cosmetic Act. (c) Market pricing program requirements (1) In general The Secretary shall establish an auction design through the process described in paragraph (2), that meets the requirements of paragraph (3), and shall ensure that the first auction will be conducted for all eligible auction areas no later than 14 months after the date of entering into the contract with the auction expert under subsection (g)(1). (2) Auction process; input of stakeholders; design (A) Transparent process required (i) In general In establishing such auction design, the Secretary shall utilize an open and transparent process that involves all relevant stakeholders (as defined in clause (ii)) in the market, including through the auction plan conference and other outreach efforts. (ii) Relevant stakeholders For purposes of clause (i), the term relevant stakeholders means suppliers and manufacturers of market priced items and services (and trade associations representing such suppliers and manufacturers), physicians, and individuals entitled to benefits under this title (and representatives of such individuals). (B) Draft auction design Not later than 2 months after the date the auction expert first begins service under subsection (g)(1), the auction expert shall develop a draft auction design that shall propose auction areas nationwide, lead products for each product category, and the price index associated with each lead product, and proposed rules for the conduct of auctions. (C) Design conference (i) In general Not later than 4 months after the date the auction expert first begins service under subsection (g)(1), the Secretary shall convene a design conference (in this paragraph referred to as the design conference ) for the auction process under this section. The auction expert shall chair the conference. (ii) Participants The participants at the design conference shall include at least the following: (I) Manufacturers and suppliers of DMEPOS Representatives of market priced items and services. (II) Beneficiaries Representatives of individuals entitled to benefits under this part. (III) CMS The Administrator of the Centers for Medicare & Medicaid Services and other appropriate Federal personnel. (IV) Program advisory and oversight committee The members of the committee referred to in paragraph (3). (iii) Purpose of conference The purpose of the design conference shall be to review the auction design developed by the auction expert under subparagraph (B) for the establishment of an efficient auction consistent with best practices and actuarial science. (iv) Elements of conference With respect to the design conference— (I) the auction expert shall provide a demonstration of the preliminary auction design; (II) the auction expert shall lead a mock auction based upon such design in which the attendees will participate and offer comments and suggestions for improvement; (III) the auction expert may establish working committees on major issues; and (IV) the design conference shall be recorded and made available over the Internet through simultaneous Web cast or otherwise. (D) Recommendations (i) Working committees Not later than 2 months after the last day of the design conference, each working committee established under subparagraph (C)(iv)(III) shall submit to the auction expert the committee’s recommendations on the final design for auctions under this section. (ii) Final design recommendation Not later than 3 months after the last day of the design conference, the auction expert shall submit to the Secretary final recommendations on the auction design for approval for expedited rulemaking. In this clause, the term expedited rulemaking process means a process of publication of the proposed auction design and solicitation of public comments on such design. The provisions of section 1871(b)(1) shall not apply to such process. (3) Requirements In establishing the auction design, the Secretary shall ensure that rates of payment developed through the auction process— (A) are market-based and based on binding bids and clearing prices; and (B) do not result in a diminution of access to or quality of items of market priced items and services in the applicable market areas. (d) Conduct of auction (1) Initial auction No later than 14 months after the date a contract is first entered into with an auction expert under subsection (g), the Secretary shall conduct auctions (each in this section referred to as a market-priced auction ) among entities supplying market priced items and services in eligible auction areas that are selected in the auction design and consistent with subsection (a)(3). Each auction shall conclude no later than 2 months after its commencement. Market-based auctions shall be conducted in accordance with an auction design developed under subsection (c). (2) Items and services subject to auction (A) In general In each eligible auction area in which a market-priced auction is conducted, the Secretary shall select to be subject to auction a combination of 2 categories of items and services from among the market priced items and services. (B) All listed items and services to be subject to auction The Secretary shall ensure in the market-priced auction that each lead product that is identified under paragraph (4) from among each market priced item and service is subject to auction among all eligible auction areas. The Secretary shall ensure that each product category is auctioned in at least a sufficient number of eligible auction areas to produce a sample of bids based on the percentages set forth in subsection (a)(3). (3) Requirements to submit bid in auction (A) Submission of bids Any supplier that complies with the requirements of subparagraph (B) and that is identified by the Secretary pursuant to paragraph (5)(C) as a supplier of a market priced item or service that is the subject of a market-priced auction in an eligible auction area may submit a bid at such auction. (B) Financial assurances (i) In general In order to be eligible to participate in a market-priced auction, a supplier must submit a cash deposit in an amount determined by the Secretary. (ii) Letter of credit in lieu of cash deposit The Secretary may, in the Secretary’s sole discretion, accept a letter of credit from a financial institution acceptable to the Secretary instead of the cash deposit otherwise required under clause (i). (C) Treatment of deposits submitted by suppliers (i) Successful bidders The Secretary shall retain as a performance guarantee the deposit submitted under subparagraph (B)(i) of a supplier that has submitted a winning bid at a market-priced auction. (ii) Unsuccessful bids If a supplier submits a bid that is not accepted at the auction, any such deposit shall be returned to the supplier. (iii) Deposit return requirements for partially successful suppliers If a supplier submits a bid that is accepted at the auction, but the supplier is not awarded a contract for the full amount of the bid, the Secretary shall provide for a proportionate return of any such deposit. (4) Lead product selection for establishing clearing prices (A) In general For each product category of items and services specified in subsection (b)(1) that is the subject of a market-priced auction, the Secretary shall establish a lead product. Such lead product shall be selected based upon the price and utilization of the product under this part. (B) Lead product clearing price establishes clearing price for other products (i) Lead product as reference point for other products The lead product selected under subparagraph (A) shall be used as a reference point for all other products (categorized by the healthcare common procedure coding system code) in the same category as the lead product. Such lead product shall be assigned a weight of 100 percent. (ii) Additional products in each product category Every other product in the same product category as the lead product identified under subparagraph (A) shall be assigned based upon each auction a weight expressed as a percentage of the lead product, which percentage of the clearing price, established by the auction expert in the plan design and adjusted after input from providers at the design plan conference, establishes the price of each item and service in the category. (iii) Establishing clearing price for items and services The Secretary shall establish the clearing price for each market priced item and service that is subject to the auction based upon the data submitted under this subparagraph. Such clearing price shall be equal to the highest cost bid that will meet capacity targets in the eligible auction area for such item and service. (5) Conduct of auction (A) In general The Secretary shall conduct the market-priced auctions consistent with the provisions of this paragraph. (B) 3 months before auction date Approximately 3 months before the scheduled auction date, the Secretary shall detail auction rules that are consistent with the auction plan developed under this section. These rules shall include the following: (i) Financial and other qualification requirements for bidders. (ii) Algorithms for determining winners and prices as a function of bids. (iii) Performance obligations of contract suppliers, guarantees, and penalties for non-conformance. (iv) The product categories to be selected (and their related healthcare common procedure coding system codes) from within the market priced items and services. (v) The lead product for each product category selected under paragraph (4)(A) and the price grid for such category. (vi) The eligible auction areas nationwide (and areas identified as having the same econometric model) and those eligible auction areas in which a market-priced auction will be conducted each year. (C) 30 days before auction date Thirty days before a scheduled auction date, the Secretary shall review all applicants and identify the qualified suppliers eligible to submit bids. In carrying out this subparagraph, the Secretary shall specify the following: (i) The historic capacity for each eligible bidder for each category that will be subject to the auction. (ii) Bidder eligibility by eligible auction area. (iii) For each auction area, the lead product established under paragraph (4)(A). (iv) The price index (described in subsection (c)(2)(B)) in each auction area. (D) Bidders conference Prior to conducting each such auction, the auction expert shall conduct a conference of prospective bidders in eligible auction areas in which an auction will be conducted. (E) During auction During the conduct of the auction, the Secretary shall announce the following: (i) The time of the end of the round of auctioning. (ii) The history of prior rounds including the aggregate supply at the end of the round price for each product category by round. (F) Immediately after each auction round Not later than 15 minutes after the end of each auction, the Secretary shall announce the following: (i) The aggregate supply for each item and service that is the subject of the auction at the price established during the auction. (ii) For each supplier that has participated in the auction, its own supply for all prices (from the initial starting price to the end of round price) for each item and service that is the subject of the auction. (iii) Revised schedule of rounds for the next bidding day. (G) At conclusion of final auction round Not later than 15 minutes after the end of the final auction round, the Secretary shall announce the following: (i) A list of winning suppliers. (ii) The market clearing price for each item and service that is the subject of the auction. (H) Final actions Not later than 30 days after the end of the final auction round, the Secretary shall adjust the performance guarantees received from each bidder to reflect the outcome of the auction in accordance with paragraph (3)(B). (6) Conditions of awarding contract (A) In general The Secretary shall award a contract to any entity in an eligible auction area in which an auction is conducted and whose bid submitted pursuant to paragraph (3)(A) is at or below the clearing price established pursuant to paragraph (4)(G)(ii). (B) Terms of contract (i) Mandatory acceptance of contract A supplier that submits a bid at or below such clearing price shall be treated as having agreed to and accept the contract awarded pursuant to subparagraph (A). (ii) Contract terms A contract awarded pursuant to subparagraph (A) shall be valid for 2 years. (iii) No requirement to supply up to bid amount Nothing in this subsection shall require a supplier that is awarded a contract pursuant to subparagraph (A) to supply a marked priced item or service that is the subject of an auction in the eligible auction area beyond the level of demand for such item or service in the eligible auction area, even if such level is below the level that the supplier assumed in its bid. (C) Ensuring adequate selection of contractors The Secretary may not award a contract to any entity under the auction to furnish such items or services unless the Secretary finds that the conditions described in section 1847(b)(2)(A) apply with respect to an entity receiving a contract under this paragraph. (D) Sufficient capacity (i) In general The Secretary shall identify the capacity of each supplier that applies to participate in an auction under this section. A supplier’s capacity shall be based upon the capacity of the supplier in the preceding year in the auction area. (ii) New suppliers Each bidding supplier that has no historic capacity in the auction area shall be assigned a base capacity for each produce category made available under the auction of 1 percent of the total dollar value of that item or service made available in the eligible auction area. (7) Payment amount shall equal auction clearing price (A) In general With respect to market priced items or services that are provided in an eligible auction area in which— (i) a market-priced auction is conducted, the auction price determined at such auction for such item in such eligible auction area; or (ii) such an auction is not conducted, the auction price determined at an auction for those items that is conducted in another eligible auction area, as adjusted by the factor described in subparagraph (B)(iv), if appropriate, shall constitute the payment amount under section 1834(a)(1)(H)(i)(I) or section 1842(s), as the case may be. (B) Supplying items or services (i) In general No entity other than a supplier of a market priced item or service that is the subject of a market-priced auction in an eligible auction area and that is a winning bidder in that eligible auction area shall be eligible to receive a contract under paragraph (6)(A) in such auction area. (ii) Supplying items in economically equivalent markets A supplier of a market priced item or service that is not a winning bidder in the eligible auction area described in clause (i) shall, subject to clauses (iii) and (iv), be eligible to supply any other market priced item or service that was not the subject of an auction in that eligible auction area but that was the subject of a market-priced auction in another econometrically similar eligible auction area (as determined by the Secretary). (iii) Supplier must accept auction price Clause (ii) shall only apply to a supplier that agrees to accept the price determined at an auction in another eligible auction area for a market priced item or service. (iv) Appropriate adjustments The Secretary shall develop an adjustment factor to reflect economic differences between the auction area that was the subject of the market-priced auction for the item or service and the auction area in which the supplier is located. The Secretary shall use such adjustment factor to adjust the payment amount made to a supplier pursuant to clause (iii). The Secretary, auction expert, and market monitor shall consult with relevant stakeholders in developing such factors. (8) Monitor access and quality (A) In general The Secretary shall monitor the performance of suppliers that are awarded a contract pursuant to paragraph (6) to ensure compliance with the requirements of this subsection, including the requirements and obligations established by the auction expert under paragraph (5)(B). (B) Enforcement If the Secretary, after consultation with the market monitor, determines that there has been a material failure of a supplier that has been awarded a contract pursuant to paragraph (6) to comply with such requirements, the Secretary, after consultation with the market monitor, shall implement enforcement measures. Such enforcement measures may include the following: (i) A formal warning letter. (ii) Forfeiture of amounts submitted as a performance deposit pursuant to subsection (d)(3)(B). (iii) Termination of a contract awarded under paragraph (6). (iv) Termination of the supplier’s agreement to participate in the program under this title for up to 2 years. (e) Application of competitive acquisition program provisions In implementing the market pricing program under this section, the provisions of section 1847(b) shall be applied as follows: (1) Paragraph (3) shall apply, except that, for purposes of contracts awarded under the market pricing program, subparagraph (B) of such paragraph shall be applied by substituting 2 years for 3 years . (2) Subject to subsection (d)(7)(B), paragraph (4) shall apply. (3) Paragraph (5) shall apply, except that— (A) the reference in subparagraph (A) of such paragraph to subsection (a)(2) is deemed a reference to subsection (b)(1) of this section; and (B) the reference in subparagraph (B)(i) of such paragraph to subparagraph (A) is deemed a reference to subsection (d)(4) of this section. (4) Paragraph (7) shall not apply. (5) Paragraph (8) shall apply. (6) Paragraph (9) shall apply, except that such paragraph shall be applied as if a reference to a bidding program includes a reference to the market pricing program. (7) Paragraph (10) shall apply, except that such paragraph shall be applied as if a reference to a competitive acquisition program includes a reference to the market pricing program. (8) Paragraph (11) shall not apply, except that— (A) the pendency of any claim for review under this section shall not delay any auction round conducted pursuant to subsection (a)(3) or (d)(1); and (B) there shall be no administrative or judicial review of any claim to enjoin the operation of a market-priced auction conducted. (f) Transparency requirements for market pricing program In implementing the market pricing program, the Secretary shall provide for publication, on an Internet Web site operated by the Secretary, of the following information: (1) The qualifications necessary to submit a bid pursuant to subsection (d)(3). (2) The financial requirements that are applicable for purposes of subsection (d)(3)(B). (3) The quality standards and the performance standards developed pursuant to subsection (c)(3)(B). (4) The calculation of the total market capacity of an eligible auction area for purposes of subsection (d)(5)(C)(i). (5) The methodology developed for an adjustment factor applied pursuant to subsection (d)(7)(B)(iv). (6) The process for soliciting and accepting bids for purposes of paragraphs (3) and (5) of subsection (d). (7) For purposes of subsection (d)(5)— (A) the number of bidders at the auction; (B) the number of winning and losing bidders at the auction; and (C) with respect to rejected bidders, the specific reasons for rejections of any bid, and, with respect to any such rejection, a means of ensuring the availability of the process of review or appeal to a rejected bidder. (8) The calculation of and compliance with the requirement of section 1847(b)(6)(D), as made applicable to the market pricing program by subsection (e). (g) Reliance on auction expert and market monitor in establishing and operating market pricing program; advisory committee report and monitoring (1) Auction expert and market monitor (A) In general The Secretary shall, not later than 3 months after the date of the enactment of this section, through the Office of the Assistant Secretary for Planning and Evaluation, enter into a contract with an individual to serve as the auction expert and such a contract to serve as a market monitor to assist in the design, development, implementation and functioning of the auction to be conducted pursuant to subsection (b). The auction expert and market monitor shall report and be accountable to the Secretary. (B) Selection of auction expert and market monitor; term; access to information (i) Competitive process The selection of the individual to serve as the auction expert and as a market monitor under subparagraph (A) shall be undertaken through a competitive process. (ii) Disqualifications An individual may not be selected as the auction expert if such individual— (I) is a current or former employee of the Centers for Medicare & Medicaid Services; (II) is a current or former contractor for the Centers for Medicare & Medicaid Services that participated in the implementation of the competitive acquisition program under section 1847(a); (III) does not have significant experience in implementing auctions of similar complexity in government programs; and (IV) does not have appropriate educational credentials. (iii) Access to information The Secretary shall make available to the auction expert and the market monitor all applicable information (including confidential information) on the relevant markets throughout the duration of the market pricing program. (iv) Term of contract The contract for the auction expert and for the market monitor under this paragraph shall be for a period of 4 years. (2) Functions of auction expert The auction expert shall conduct the activities as described in this section, including— (A) development of a draft auction design and design conference under subparagraphs (B) and (C) of subsection (c)(2); (B) conducting bidders conferences under subsection (d)(5)(D); and (C) lead the auction, contracting, and other aspects of implementing the market pricing program with the advice of the market monitor. (3) Functions of market monitor (A) Participate in design conference The market monitor shall participate in the design conference under subsection (c)(2)(C) and, at the conference, provide a presentation on the responsibilities of the market monitor throughout the year and common on key aspects of the design and their purpose. (B) Review of final design The market monitor shall review the final auction design recommendations submitted under subsection (c)(2)(D) and, within one month of the release of such recommendations, provide public comment on them. (C) Monitoring (i) In general The market monitor shall provide ongoing monitoring of the performance of suppliers and the effects of the market pricing program to guard against the occurrence of any negative effects specified in subsection (d)(8). (ii) Provide transparency of information The monitoring under clause (i) shall include public availability of the number of suppliers providing market priced items and services in an eligible auction area during each year of the operation of the market pricing program. (D) Biannual reports to Secretary The market monitor shall provide biannual reports to the Secretary in the initial two years and annually thereafter on the development and operations of the market pricing program. In each report, the monitor shall— (i) identify potential problems with the program; and (ii) recommend solutions to problems so identified. (E) Annual report The market monitor shall provide an annual report to Congress on the operation and functioning of the market pricing program. Each such report shall include information on— (i) potential problems with the program; (ii) recommended solutions to problems identified pursuant to subclause (I); (iii) the appropriateness of HCPCS codes selected for auctions; (iv) an evaluation on the ability of individuals eligible for benefits under this part to obtain items and services subject to the market pricing program; (v) any adverse health effects resulting from implementation of the program; (vi) any material deterioration in the quality of items and services provided under the program; (vii) the costs of any preventable or prolonged hospitalizations due to lack of timely access to market priced items and services; and (viii) any negative business consequences to the supplier of any market priced items and services occurring as a result of errors made in the conduct of the program. . 5. Application of existing provisions (a) Revisions to Program Advisory and Oversight Committee Section 1847(c) of the Social Security Act ( 42 U.S.C. 1395w–3(c) ) is amended— (1) in paragraph (1), by adding at the end the following: The Secretary shall reconstitute the Committee and extend the terms of its members. ; (2) in paragraph (3), by adding at the end the following new subparagraph: (C) Additional report to Congress Not later than 1 year after the date of the appointment of the auction expert under section 1847C(g)(1), the Committee shall submit to the Congress a report on the market pricing program established under section 1847C. The report shall include information on the design of the market pricing program, access to and quality of market priced items and services by beneficiaries under the program. ; (3) by striking paragraph (4) (relating to FACA); and (4) in paragraph (5), by inserting before the period at the end the following: , except that the reconstituted Committee shall terminate 2 years after the date of the appointment of the auction expert and the market monitor under section 1847C(g)(1) . (b) Negative pressure wound therapy standards The Secretary of Health and Human Services, in consultation with relevant stakeholders (as defined in section 1847C(c)(2)(A)(ii) of the Social Security Act, as added by section 4), shall develop standards for coverage and quality of negative pressure wound therapy items and services (within the meaning of section 1847(a)(1)(D)(i)(IV) of such Act, 42 U.S.C. 1395w–3(a)(1)(D)(i)(IV) ). 6. Additional budgetary offset (a) In general In addition to the payment reductions specified in the amendments made by section 3(a)(1), unobligated balances of all discretionary appropriations for each fiscal year (beginning with fiscal year 2013) are hereby rescinded in an amount equal to the amount necessary to make this Act budget neutral for such fiscal year. (b) Implementation The Director of the Office of Management and Budget shall determine and identify each account, program, project, and activity to which the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account, program, project and activity. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and to Congress of the accounts, programs, projects, activities, and amounts determined and identified for rescission under the preceding sentence. (c) Exception This section shall not apply to accounts, programs, projects and activities operated by the Department of Defense or the Department of Veteran’s Affairs.

https://www.govinfo.gov/content/pkg/BILLS-113hr1717ih/xml/BILLS-113hr1717ih.xml

113-hr-1718

I 113th CONGRESS 1st Session H. R. 1718 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Ms. Speier introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, and title 39, United States Code, to provide the United States Postal Service the authority to mail wine and beer, and for other purposes. 1. Short title This Act may be cited as the United States Postal Service Shipping Equity Act. 2. Wine and beer shipping (a) Mailability (1) Nonmailable articles Section 1716(f) of title 18, United States Code, is amended by striking mails and inserting mails, except to the extent that the mailing is allowable under section 3001(p) of title 39 . (2) Intoxicants Section 1154(a) of title 18, United States Code, is amended, by inserting or, with respect to the mailing of wine or malt beverages, to the extent allowed under section 3001(p) of title 39 after mechanical purposes . (b) Regulations Section 3001 of title 39, United States Code, is amended by adding at the end the following: (p) (1) Wine or malt beverages shall be considered mailable if mailed— (A) by a licensed winery or brewery, in accordance with applicable regulations under paragraph (2); and (B) in accordance with the law of the State, territory, or district of the United States where the addressee or duly authorized agent takes delivery. (2) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that— (A) the mailing shall be by a means established by the Postal Service to ensure direct delivery to the addressee or a duly authorized agent at a postal facility; (B) the addressee (and any duly authorized agent) shall be an individual at least 21 years of age, and shall present a valid, government-issued photo identification at the time of delivery; (C) the wine or malt beverages may not be for resale or other commercial purpose; and (D) the winery or brewery involved shall— (i) certify in writing to the satisfaction of the Postal Service, through a registration process administered by the Postal Service, that the mailing is not in violation of any provision of this subsection or regulation prescribed under this subsection; and (ii) provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcohol beverage taxes. (3) For purposes of this subsection— (A) a winery shall be considered to be licensed if that winery holds an appropriate basic permit issued— (i) under the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ); and (ii) under the law of the State in which the winery is located; and (B) a brewery shall be considered to be licensed if that brewery— (i) possesses a notice of registration and bond approved by the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury; and (ii) is licensed to manufacture and sell beer in the State in which the brewery is located. . (c) Effective date The amendments made by this section shall take effect on the earlier of— (1) the date on which the Postal Service issues regulations under section 3001(p) of title 39, United States Code, as amended by this section; or (2) 120 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1718ih/xml/BILLS-113hr1718ih.xml

113-hr-1719

I 113th CONGRESS 1st Session H. R. 1719 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Stivers (for himself, Mr. Ryan of Ohio , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend title 31, United States Code, to save the American taxpayers money by immediately altering the metallic composition of the one-cent, five-cent, dime, and quarter dollar coins, and for other purposes. 1. Short title This Act may be cited as the Cents and Sensibility Act . 2. Composition of circulating coins (a) Steel coins required Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection: (w) Composition of circulating coins (1) In general Notwithstanding any other provision of law, the one-cent, five-cent, dime, and quarter dollar coins shall— (A) be produced primarily of steel; and (B) meet such other specifications as the Secretary may determine to be appropriate. (2) Treatment The one-cent, five-cent, dime, and quarter dollar coins shall be treated in such a manner that the appearance of the coins, both when new and after they have been in circulation, is similar to the one-cent, five-cent, dime, and quarter dollar coins, respectively, produced before the date of the enactment of this subsection. (3) Buy American steel requirement (A) In general Notwithstanding any other provision of law, the Secretary shall, in minting one-cent, five-cent, dime, and quarter dollar coins, only use steel produced in the United States. (B) Exception Subparagraph (A) shall not apply if the Secretary finds, and publishes in the Federal Register the basis of such finding, that— (i) applying subparagraph (A) would be inconsistent with the public interest; or (ii) an adequate supply of an appropriate grade of steel is not produced in the United States in sufficient and reasonably available quantities. . (b) Conversion to new coin specifications In setting specifications under section 5112(w) of title 31, United States Code, as added by subsection (a), the Secretary of the Treasury shall not set specifications that would— (1) require more than 1 change to coin-accepting and coin-handling equipment to accommodate all coins produced pursuant to such subsection; (2) facilitate or allow the use of a coin with a lesser value produced by another country, or the use of any token or other easily or regularly produced metal device of minimal value, in the place of a circulating coin produced by the Secretary; or (3) require non-trivial changes to coin-accepting or coin handling equipment to easily accommodate continued co-circulation of both coins produced with the new specifications under such subsection and coins produced on or before the date that is the end of the 90-day period beginning on the date of the enactment of this Act. (c) Effective date (1) In general The amendment made by subsection (a) shall apply to all one-cent, five-cent, dime, and quarter dollar coins issued after the end of the 90-day period beginning on the date of the enactment of this Act. (2) Exception The Secretary of the Treasury may produce numismatic versions of the one-cent, five-cent, dime, and quarter dollar coins either in the composition specified in section 5112(w) of title 31, United States Code, as added by subsection (a), or in forms and materials similar to those the Secretary produced before the date of the enactment of this Act. 3. Technical and conforming amendments Section 5112 of title 31, United States Code, is amended— (1) in subsection (b), by striking the first, second, third, fourth, sixth, seventh, eighth, and tenth sentences; and (2) by amending subsection (c) to read as follows: (c) Weight of the one-Cent coin The Secretary may prescribe the weight of the one-cent coin that the Secretary determines is necessary to ensure an adequate supply of one-cent coins to meet the needs of the United States. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1719ih/xml/BILLS-113hr1719ih.xml

113-hr-1720

I 113th CONGRESS 1st Session H. R. 1720 IN THE HOUSE OF REPRESENTATIVES April 24, 2013 Mr. Welch (for himself, Mr. Gibson , Ms. Pingree of Maine , and Mr. DesJarlais ) introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 conduct a pilot program in support of efforts to increase the amount of purchases of local fresh fruits and vegetables for schools and service institutions by giving certain States the option of receiving a grant from the Secretary of Agriculture for that purpose instead of obtaining commodities under Department of Agriculture programs. 1. Short title This Act may be cited as the Local School Foods Act of 2013 . 2. Additional authority for purchase of fresh fruits, vegetables, and other specialty food crops Section 10603 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 612c–4 ) is amended— (1) in subsection (b), by striking 2012 and inserting 2017 ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection: (c) Pilot grant program for purchase of fresh fruits and vegetables (1) In general Using amounts made available to carry out subsection (b), the Secretary of Agriculture shall conduct a pilot program under which the Secretary will give not more than five participating States the option of receiving a grant in an amount equal to the value of the commodities that the participating State would otherwise receive under this section for each of fiscal years 2014 through 2018. (2) Use of grant funds A participating State receiving a grant under this subsection may use the grant funds solely to purchase fresh fruits and vegetables for distribution to schools and service institutions in the State that participate in the food service programs under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). To the maximum extent practicable, the fruits and vegetables shall be locally grown, as determined by the State. (3) Selection of participating States The Secretary shall select participating States from applications submitted by the States. (4) Reporting requirements (A) School and service institution requirement Schools and service institutions in a participating State shall keep records of purchases of fresh fruits and vegetables made using the grant funds and report such records to the State. (B) State requirement Each participating State shall submit to the Secretary a report on the success of the pilot program in the State, including information on— (i) the amount and value of each type of fresh fruit and vegetable purchased by the State; and (ii) the benefit provided by such purchases in conducting the school food service in the State, including meeting school meal requirements. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1720ih/xml/BILLS-113hr1720ih.xml

113-hr-1721

I 113th CONGRESS 1st Session H. R. 1721 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. LoBiondo (for himself, Mr. Brady of Pennsylvania , and Mr. Jones ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to prohibit the performance of Department of Defense flight demonstration teams outside the United States. 1. Short title This Act may be cited as the Aviation Teams Helping Our Municipalities’ Economies Act of 2013 or the AT HOME Act of 2013 . 2. Prohibition on performance of Department of Defense flight demonstration teams outside the United States (a) Prohibition None of the funds authorized to be appropriated or otherwise available to the Secretary of Defense for fiscal year 2014 or 2015 may be used for the performance of flight demonstration teams under the jurisdiction of the Secretary at any location outside the United States. (b) United States In this section, the term United States means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr1721ih/xml/BILLS-113hr1721ih.xml

113-hr-1722

I 113th CONGRESS 1st Session H. R. 1722 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. McKinley (for himself, Mr. Enyart , Mr. Griffith of Virginia , and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Labor to conduct a review of the forms related to obtaining workers’ compensation benefits under the Federal Black Lung Benefits Program. 1. Short title This Act may be cited as the Burdensome Paperwork Reduction for Our Miners Act . 2. Review of black lung forms (a) Review Not later than 120 days after the date of the enactment of this Act, the Secretary of Labor, acting through the Director of the Division of Coal Mine Workers’ Compensation and the Chief Information Officer of the Department of Labor, and in consultation with the Director of the Office of Management and Budget, shall conduct a review of the forms related to obtaining workers’ compensation benefits under the Federal Black Lung Benefits Program to determine whether it is feasible to combine or reduce such forms in order to further the purposes of the Paperwork Reduction Act of 1995 ( Public Law 104–13 ). (b) Implementation Not later than 1 year after the date of the enactment of this Act, the Secretary shall implement any feasible combination or reduction of the forms related to obtaining workers’ compensation benefits under the Federal Black Lung Benefits Program identified in the review conducted under subsection (a). (c) Reports (1) Initial report of review Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress that describes the findings of the review conducted under subsection (a). (2) Report of implementation Not later than 1 year after the Secretary implements any combination or reduction of the forms related to obtaining workers’ compensation benefits under the Federal Black Lung Benefits Program under subsection (b), the Secretary shall submit a report to Congress that describes such implementation.

https://www.govinfo.gov/content/pkg/BILLS-113hr1722ih/xml/BILLS-113hr1722ih.xml

113-hr-1723

I 113th CONGRESS 1st Session H. R. 1723 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Ms. Schakowsky (for herself, Mr. Conyers , Ms. Edwards , Ms. McCollum , Mr. Yarmuth , Ms. Lee of California , and Mr. Gutierrez ) 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 impose increased rates of tax with respect to taxpayers with more than $1,000,000 taxable income, and for other purposes. 1. Short title This Act may be cited as the Fairness in Taxation Act of 2013 . 2. Increased tax rates for taxpayers with more than $1,000,000 taxable income (a) In general (1) Married individuals filing joint returns and surviving spouses The table contained in subsection (a) of section 1 of the Internal Revenue Code of 1986 is amended to read as follows: If taxable income is: The tax is: Not over $17,850 10% of taxable income Over $17,850 but not over $72,500 $1,785, plus 15% of the excess over $17,850. Over $72,500 but not over $146,400 $9,982.50, plus 25% of the excess over $72,500. Over $146,400 but not over $223,050 $28,457.50, plus 28% of the excess over $146,400. Over $223,050 but not over $398,350 $49,919.50, plus 33% of the excess over $223,050. Over $398,350 but not over $450,000 $107,768.50, plus 35% of the excess over $398,350. Over $450,000 but not over $1,000,000 $125,846, plus 39.6% of the excess over $450,000. Over $1,000,000 but not over $10,000,000 $343,646, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000 $4,393,646, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000 $8,993,646, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000 $46,593,646, plus 48% of the excess over $100,000,000. Over $1,000,000,000 $478,593,646, plus 49% over the excess over $1,000,000,000. (2) Heads of household The table contained in subsection (b) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $12,750 10% of taxable income. Over $12,750 but not over $48,600 $1,275, plus 15% of the excess over $12,750. Over $48,600 but not over $125,450 $6,652.50, plus 25% of the excess over $48,600. Over $125,450 but not over $203,150 $25,865, plus 28% of the excess over $125,450. Over $203,150 but not over $398,350 $47,621, plus 33% of the excess over $203,150. Over $398,350 but not over $425,000 $112,037, plus 35% of the excess over $398,350. Over $425,000 but not over $1,000,000 $121,364.50, plus 39.6% of the excess over $425,000. Over $1,000,000 but not over $10,000,000 $349,064.50, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000 $4,399,064.50, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000 $8,999,064.50, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000 $46,599,064.50, plus 48% of the excess over $100,000,000. Over $1,000,000,000 $478,599,064.50, plus 49% of the excess over $1,000,000,000. (3) Unmarried individuals (other than surviving spouses and heads of households) The table contained in subsection (c) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $8,925 10% of taxable income Over $8,925 but not over $36,250 $892.50, plus 15% of the excess over $8,925. Over $36,250 but not over $87,850 $4,991.25, plus 25% of the excess over $36,250. Over $87,850 but not over $183,250 $17,891.25, plus 28% of the excess over $87,850. Over $183,250 but not over $398,350 $44,603.25, plus 33% of the excess over $183,250. Over $398,350 but not over $400,000 $115,586.25, plus 35% of the excess over $398,350. Over $400,000 but not over $1,000,000 $116,163.75, plus 39.6% of the excess over $400,000. Over $1,000,000 but not over $10,000,000 $353,763.75, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000 $4,403,763.75, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000 $9,003,763.75, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000 $46,603,763.75, plus 48% of the excess over $100,000,000. Over $1,000,000,000 $478,603,763.75, plus 49% of the excess over $1,000,000,000. (4) Married individuals filing separate returns The table contained in subsection (d) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $8,925 10% of taxable income Over $8,925 but not over $36,250 $892.50, plus 15% of the excess over $8,925. Over $36,250 but not over $73,200 $4,991.25, plus 25% of the excess over $36,250. Over $73,200 but not over $111,525 $14,228.75, plus 28% of the excess over $73,200. Over $111,525 but not over $199,175 $24,959.75, plus 33% of the excess over $111,525. Over $199,175 but not over $225,000 $53,884.25, plus 35% of the excess over $199,175 Over $225,000 but not over $500,000 $62,923, plus 39.6% of the excess over $225,000. Over $500,000 but not over $5,000,000 $171,823, plus 45% of the excess over $500,000. Over $5,000,000 but not over $10,000,000 $2,196,823, plus 46% of the excess over $5,000,000. Over $10,000,000 but not over $50,000,000 $4,496,823, plus 47% of the excess over $10,000,000. Over $50,000,000 but not over $500,000,000 $23,296,823, plus 48% of the excess over $50,000,000. Over $500,000,000 $239,296,823, plus 49% of the excess over $500,000,000. (5) Inflation adjustment Subsection (f) of section 1 of such Code is amended by adding at the end the following new paragraph: (9) Special rule for taxable years beginning after 2013 In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in a calendar year after 2013, the cost-of-living adjustment under paragraph (3) shall be determined by substituting 2012 for 1992 in subparagraph (B) thereof. . (6) Conforming amendment Section 1 of such Code is amended by striking subsection (i). (b) Recapture of lower capital gains rates for individuals subject to added rate brackets (1) In general Section 1 of such Code is amended by adding at the end the following new subsection: (j) Special rule for capital gains in case of taxable income subject to at least 45-Percent rate bracket If for the taxable year a taxpayer has taxable income in excess of the minimum dollar amount for the 45-percent rate bracket and has a net capital gain, then— (1) the tax imposed by this section for the taxable year with respect to such excess shall be determined without regard to subsection (h), and (2) the amount of net capital gain of the taxpayer taken into account for the taxable year under subsection (h) shall be reduced by the lesser of— (A) such excess, or (B) the net capital gain for the taxable year. Any reduction in net capital gain under the preceding sentence shall be allocated between adjusted net capital gain, unrecaptured 1250 gain, and section 1202 gain in amounts proportionate to the amounts of each such gain. Any term used in this subsection which is also used in subsection (h) shall have the meaning given such term in subsection (h). . (2) Conforming amendment Paragraph (1) of section 1(h) of such Code is amended by striking If a taxpayer has and inserting Except to the extent provided in subsection (j), if a taxpayer has . (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-113hr1723ih/xml/BILLS-113hr1723ih.xml

113-hr-1724

I 113th CONGRESS 1st Session H. R. 1724 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Harper (for himself, Mr. Cole , Mr. Barletta , Mr. Hultgren , Ms. Jenkins , Mr. Meehan , and Mrs. Walorski ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on House Administration 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 eliminate taxpayer financing of presidential campaigns and party conventions and reprogram savings to provide for a 10-year pediatric research initiative through the Common Fund administered by the National Institutes of Health, and for other purposes. 1. Short title This Act may be cited as the Kids First Research Act of 2013 . 2. Termination of taxpayer financing of presidential election campaigns (a) Termination of designation of income tax payments Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Termination This section shall not apply to taxable years ending on or after the date of the enactment of this subsection. . (b) Termination of fund and account (1) Termination of presidential election campaign fund (A) In general Chapter 95 of such Code is amended by adding at the end the following new section: 9014. Termination The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election. . (B) Conversion of fund to 10-Year pediatric research initiative fund Section 9006 of such Code is amended by adding at the end the following new subsection: (d) Conversion to 10-Year pediatric research initiative fund (1) Conversion Effective on the date of the enactment of the Kids First Research Act of 2013 — (A) the special fund established under this section shall be known and designated as the 10-Year Pediatric Research Initiative Fund ; and (B) all amounts in the fund as of such date shall be available only for the purpose provided in section 402A(a)(2) of the Public Health Service Act, and only to the extent and in such amounts as are provided in advance in appropriation Acts. (2) Termination Any amounts in the fund that remain unobligated on October 1, 2024, shall be deposited into the general fund of the Treasury. . (2) Termination of account Chapter 96 of such Code is amended by adding at the end the following new section: 9043. Termination The provisions of this chapter shall not apply to any candidate with respect to any presidential election after the date of the enactment of this section. . (c) Clerical amendments (1) The table of sections for chapter 95 of such Code is amended by adding at the end the following new item: Sec. 9014. Termination. . (2) The table of sections for chapter 96 of such Code is amended by adding at the end the following new item: Sec. 9043. Termination. . 3. 10–Year Pediatric Research Initiative (a) Allocation of NIH funds in Common Fund for pediatric research Paragraph (7) of section 402(b) of the Public Health Service Act ( 42 U.S.C. 282(b) ) is amended to read as follows: (7) (A) shall, through the Division of Program Coordination, Planning, and Strategic Initiatives— (i) identify research that represents important areas of emerging scientific opportunities, rising public health challenges, or knowledge gaps that deserve special emphasis and would benefit from conducting or supporting additional research that involves collaboration between 2 or more national research institutes or national centers, or would otherwise benefit from strategic coordination and planning; (ii) include information on such research in reports under section 403; and (iii) in the case of such research supported with funds referred to in subparagraph (B)— (I) require as appropriate that proposals include milestones and goals for the research; (II) require that the proposals include timeframes for funding of the research; and (III) ensure appropriate consideration of proposals for which the principal investigator is an individual who has not previously served as the principal investigator of research conducted or supported by the National Institutes of Health; (B) (i) may, with respect to funds reserved under section 402A(c)(1) for the Common Fund, allocate such funds to the national research institutes and national centers for conducting and supporting research that is identified under subparagraph (A); and (ii) shall, with respect to funds appropriated to the Common Fund under section 402A(a)(2), allocate such funds to the national research institutes and national centers for making grants for pediatric research that is identified under subparagraph (A); and (C) may assign additional functions to the Division in support of responsibilities identified in subparagraph (A), as determined appropriate by the Director; . (b) Funding for 10-Year pediatric research initiative Section 402A of the Public Health Service Act ( 42 U.S.C. 282a ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving the indentation of each such subparagraph 2 ems to the right; (B) by striking For purposes of carrying out this title and inserting the following: (1) This title For purposes of carrying out this title ; and (C) by adding at the end the following: (2) Funding for 10-year pediatric research initiative through common fund For carrying out section 402(b)(7)(B)(ii), there is authorized to be appropriated, out of funds in the 10–Year Pediatric Research Initiative Fund established by section 9006 of the Internal Revenue Code of 1986, and in addition to amounts otherwise made available under paragraph (1) of this subsection and reserved under subsection (c)(1)(B)(i) of this section, $13,000,000 for each of fiscal years 2014 through 2023. ; and (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking subsection (a) each place it appears and inserting subsection (a)(1) . (c) Supplement, not supplant; prohibition against transfer Funds appropriated under section 402A(a)(2) of the Public Health Service Act, as added by subsection (b)— (1) shall be used to supplement, not supplant, the funds otherwise allocated by the National Institutes of Health for pediatric research; and (2) notwithstanding any transfer authority in any appropriation Act, shall not be used for any purpose other than making grants as described in section 402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a). 4. Prohibition against NIH research on health economics Section 402A of the Public Health Service Act ( 42 U.S.C. 282a ) is amended by adding at the end the following: (f) Health economics research (1) Ongoing research Before continuing any health economics research grant, project, or activity that is ongoing as of the date of the enactment of this subsection, the Director of NIH shall submit to the Congress a report that outlines the justification for such ongoing grant, project, or activity, including the reason for giving priority to such ongoing grant, project, or activity over research on pediatric diseases and disorders, such as autism, cancer, and other pediatric genetic disorders without cures. (2) New research The Director of NIH may not initiate any health economics research grant, project, or activity until— (A) the Director has submitted the report described in paragraph (1); and (B) a Federal law has been enacted authorizing the National Institutes of Health to use funding specifically for health economics research. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1724ih/xml/BILLS-113hr1724ih.xml

113-hr-1725

I 113th CONGRESS 1st Session H. R. 1725 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Cartwright (for himself, Mrs. Beatty , Mr. Brady of Pennsylvania , Mr. Butterfield , Mrs. Capps , Mr. Cárdenas , Mr. Carson of Indiana , Mrs. Christensen , Ms. Chu , Mr. Conyers , Mr. DeFazio , Mr. Deutch , Mr. Doggett , Mr. Enyart , Ms. Esty , Mr. Fattah , Ms. Frankel of Florida , Ms. Gabbard , Mr. Grijalva , Ms. Hahn , Mr. Higgins , Mr. Hinojosa , Mr. Holt , Mr. Honda , Mr. Horsford , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Jones , Mr. Kildee , Ms. Kuster , Ms. Lee of California , Mrs. Lowey , Mrs. McCarthy of New York , Mr. McGovern , Mrs. Napolitano , Mr. Neal , Mr. Nolan , Ms. Norton , Mr. Pascrell , Mr. Pastor of Arizona , Mr. Peters of Michigan , Mr. Rangel , Mr. Rush , Mr. Ryan of Ohio , Ms. Shea-Porter , Ms. Speier , Mr. Tonko , Ms. Waters , Ms. DeLauro , Mr. Larsen of Washington , Ms. Kaptur , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for unlimited eligibility for health care for mental illnesses for veterans of combat service during certain periods of hostilities and war. 1. Short title This Act may be cited as the Veterans Mental Health Accessibility Act . 2. Unlimited eligibility for health care for mental illnesses for veterans of combat service during certain periods of hostilities and war (a) Eligibility Section 1710(e)(1) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (G) Notwithstanding paragraphs (2) and (3), a veteran who served on active duty in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during World War II, the Korean conflict, the Vietnam Era, the Persian Gulf War, Operation Iraqi Freedom, Operation Enduring Freedom, or any other period of war after the Persian Gulf War, or in combat against a hostile force during a period of hostilities (as defined in section 1712A(a)(2)(B) of this title), is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any mental illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such service. . (b) Effective date Subparagraph (G) of section 1710(e)(1) of title 38, United States Code, as added by subsection (a), shall apply with respect to hospital care, medical services, and nursing home care provided on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1725ih/xml/BILLS-113hr1725ih.xml

113-hr-1726

I 113th CONGRESS 1st Session H. R. 1726 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Posey (for himself and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To award a Congressional Gold Medal to the 65th Infantry Regiment, known as the Borinqueneers. 1. Findings The Congress finds the following: (1) In 1898, the United States acquired Puerto Rico in the Treaty of Paris that ended the Spanish-American War and, by the following year, Congress had authorized raising a unit of volunteer soldiers in the newly acquired territory. (2) In May 1917, two months after legislation granting United States citizenship to individuals born in Puerto Rico was signed into law, and one month after the United States entered World War I, the unit was transferred to the Panama Canal Zone because United States Army policy at the time restricted most segregated units to noncombat roles, although the regiment could have contributed to the fighting effort. (3) In June 1920, the unit was re-designated as the 65th Infantry Regiment, United States Army , and it would serve as the United States military’s last segregated unit composed of Hispanic soldiers. (4) In January 1943, 13 months after the attack on Pearl Harbor that marked the entry of the United States into World War II, the Regiment again deployed to the Panama Canal Zone, before deploying overseas in the spring of 1944. (5) Despite the Regiment’s relatively limited combat service in World War II, the unit suffered casualties in the course of defending against enemy attacks, with individual soldiers earning one Distinguished Service Cross, two Silver Stars, two Bronze Stars and 90 Purple Hearts, and the unit receiving campaign participation credit for Rome-Arno, Rhineland, Ardennes-Alsace, and Central Europe. (6) Although an executive order issued by President Harry S. Truman in July 1948 declared it to be United States policy to ensure equality of treatment and opportunity for all persons in the armed services without respect to race or color, implementation of this policy had yet to be fully realized when armed conflict broke out on the Korean peninsula in June 1950, and both African-American soldiers and Puerto Rican soldiers served in segregated units. (7) Brigadier General William W. Harris, who served as the Regiment’s commander during the early stages of the Korean War, later recalled that he had initially been reluctant to take the position because of prejudice within the military and the feeling of the officers and even the brass of the Pentagon . . . that the Puerto Rican wouldn’t make a good combat soldier. . . . I know my contemporaries felt that way and, in all honesty, I must admit that at the time I had the same feeling . . . that the Puerto Rican was a rum and Coca-Cola soldier. . (8) One of the first opportunities the regiment had to prove its combat worthiness arose on the eve of the Korean War during PORTREX, one of the largest military exercises that had been conducted up until that point, where the Regiment distinguished itself by repelling an offensive consisting of over 32,000 troops from the 82nd Airborne Division and the United States Marine Corps, supported by the Navy and Air Force, thereby demonstrating that Puerto Rican soldiers could hold their own against some of the best-trained soldiers in the United States military. (9) In August 1950, as the United States Army’s situation in Korea deteriorated, the commander of the 3rd Infantry Division requested another infantry regiment to be added to his organization and, owing in large part to the 65th Infantry Regiment’s outstanding performance during PORT­REX, it was selected for the assignment. (10) As the Regiment sailed to Asia in September 1950, members of the unit informally decided to call themselves the Borinqueneers , a term derived from the Taino word for Puerto Rico meaning land of the brave lord . (11) The story of the 65th Infantry Regiment during the Korean War has been aptly described as one of pride, courage, heartbreak, and redemption . (12) Fighting as a segregated unit from 1950 to 1952, the Regiment participated in some of the fiercest battles of the war, and its toughness, courage and loyalty earned the admiration of many who had previously harbored reservations about Puerto Rican soldiers based on negative stereotypes, including Brigadier General William W. Harris, whose experience eventually led him to regard the Regiment as the best damn soldiers that I had ever seen . (13) Arriving in Pusan, South Korea in September 1950, the regiment was assigned the mission of destroying or capturing small groups of North Korean soldiers, and its success led General Douglas MacArthur, Commander-in-Chief of the United Nations Command in Korea, to observe that the Regiment was showing magnificent ability and courage in field operations . (14) In December 1950, following China’s intervention in the war, the Regiment engaged in a series of fierce battles with the enemy to cover the rear guard of the 1st Marine Division as it executed one of the greatest withdrawals in modern military history during the fighting retreat from the Chosin Reservoir. (15) The Regiment was instrumental in helping to secure the final foothold for the Marine evacuation at Hungham, and was among the last units to leave the beachhead on Christmas Eve, suffering tremendous casualties in the process. (16) The winter conditions in Korea presented significant hardships for the Regiment, which suffered hundreds of casualties because its soldiers lacked appropriate gear to fight in sub-zero temperatures. (17) Between January and March 1951, the Regiment participated in numerous operations to recover and retain South Korean territory lost to the enemy, assaulting heavily fortified enemy positions and conducting the last recorded battalion-sized bayonet assault in United States Army history. (18) On January 31, 1951, the commander of Eighth Army, Lieutenant General Matthew B. Ridgway wrote to the Regiment’s commander: What I saw and heard of your regiment reflects great credit on you, your regiment, and the people of Puerto Rico, who can be proud of their valiant sons. I am confident that their battle records and training levels will win them high honors. . . . Their conduct in battle has served only to increase the high regard in which I hold these fine troops. (19) On February 3, 1951, General MacArthur wrote: The Puerto Ricans forming the ranks of the gallant 65th Infantry on the battlefields of Korea by valor, determination, and a resolute will to victory give daily testament to their invincible loyalty to the United States and the fervor of their devotion to those immutable standards of human relations to which the Americans and Puerto Ricans are in common dedicated. They are writing a brilliant record of achievement in battle and I am proud indeed to have them in this command. I wish that we might have many more like them. (20) The Regiment played a critical role in the United States counteroffensive responding to a major push by the Chinese Communist Forces (CFF) in 1951, winning praise for its superb performance in multiple battles, including Operations KILLER and RIPPER. (21) By 1952, in light of the Regiment’s proven fighting abilities, senior United States commanders ordered that replacement soldiers from Puerto Rico should no longer be limited to service in the Regiment, but could be made available to fill personnel shortages in non-segregated units both inside and outside the 3rd Infantry Division, a major milestone that, paradoxically, harmed the Regiment by depriving it of some of Puerto Rico’s most able soldiers. (22) Beyond the many hardships endured by most American soldiers in Korea, the Regiment faced unique challenges due to discrimination and prejudice, including— (A) the humiliation of being ordered to shave their moustaches until such a time as they gave proof of their manhood ; (B) being forced to use separate showering facilities from their non-Hispanic Continental officers; (C) being ordered not to speak Spanish under penalty of court-martial; (D) flawed personnel-rotation policies based on ethnic and organizational prejudices; and (E) a catastrophic shortage of trained noncommissioned officers. (23) In 1953, the now fully integrated Regiment earned admiration for its relentless defense of Outpost Harry, during which it confronted multiple company-size probes, full-scale regimental attacks, and heavy artillery and mortar fire from Chinese forces, earning 14 Silver Stars, 23 Bronze Stars, and 67 Purple Hearts, in operations that Major General Eugene W. Ridings described as highly successful in that the enemy was denied the use of one of his best routes of approach into the friendly position. . (24) For its extraordinary service during the Korean War, the Regiment received two Presidential Unit Citations (Army and Navy), two Republic of Korea Presidential Unit Citations, a Meritorious Unit Commendation (Army), a Navy Unit Commendation, the Bravery Gold Medal of Greece, and campaign participation credits for United Nations Offensive, CCF Intervention, First United Nations Counteroffensive, CCF Spring Offensive, United Nations Summer-Fall Offensive, Second Korean Winter, Korea Summer-Fall 1952, Third Korean Winter, and Korea Summer 1953. (25) In Korea, soldiers in the Regiment earned a total of 10 Distinguished Service Crosses, approximately 250 Silver Stars, over 600 Bronze Stars, and more than 2,700 Purple Hearts, but—despite numerous individual acts of uncommon valor—no Medals of Honor. (26) In all, some 61,000 Puerto Ricans served in the United States Army during the Korean War, the bulk of them with the 65th Infantry Regiment—and over the course of the war, Puerto Rican soldiers suffered a disproportionately high casualty rate, with over 740 killed and over 2,300 wounded. (27) In April 1956, as part of the reduction in forces following the Korean War, the 65th Infantry Regiment was deactivated from the Regular Army and, in February 1959, became the only regular Army unit to have ever been transferred to the National Guard, when its 1st battalion and its regimental number were assigned to the Puerto Rico National Guard, where it has remained ever since. (28) In 1982, the United States Army Center of Military History officially authorized granting the 65th Infantry Regiment the special designation of Borinqueneers . (29) In the years since the Korean War, the achievements of the Regiment have been recognized in various ways, including— (A) the naming of streets in honor of the regiment in San Juan, Puerto Rico and The Bronx, New York; (B) the erecting of plaques and other monuments to honor the Regiment at Arlington National Cemetery in Arlington, Virginia; the San Juan National Historic Site in San Juan, Puerto Rico; Ft. Logan National Cemetery in Denver, Colorado; and at sites in Boston, Massachusetts and Ocala, Florida; (C) the renaming of a park in Bue­na­ven­tura Lake, Florida as the 65th Infantry Veterans Park ; (D) a grant awarded by the New York State government to establish a memorial honoring the Regiment at Buffalo & Erie County Naval & Military Park in Buffalo, New York; (E) the introduction or adoption of resolutions or proclamations honoring the Regiment by the City of Buffalo, New York; the City of Deltona, Florida; the City of Kissimmee, Florida; the City of Orlando, Florida; the City of Springfield, Massachusetts; the County of Erie, Pennsylvania; the Florida House of Representatives; the New York State Assembly; the New York State Senate; and the Texas State Senate; and (F) the 1985 issuance of a United States Postal Service Korean War Commemorative Stamp depicting soldiers from the Regiment. (30) In a speech delivered at a September 20, 2000, ceremony at Arlington National Cemetery in honor of the Regiment, Secretary of the Army Louis Caldera said: Even as the 65th struggled against all deadly enemies in the field, they were fighting a rearguard action against a more insidious adversary—the cumulative effects of ill-conceived military policies, leadership shortcomings, and especially racial and organizational prejudices, all exacerbated by America’s unpreparedness for war and the growing pains of an Army forced by law and circumstance to carry out racial integration. Together these factors would take their inevitable toll on the 65th, leaving scars that have yet to heal for so many of the regiment’s proud and courageous soldiers. . (31) Secretary Caldera said: To the veterans of the 65th Infantry Regiment who, in that far off land fifty years ago, fought with rare courage even as you endured misfortune and injustice, thank you for doing your duty. There can be no greater praise than that for any soldier of the United States Army. . (32) Secretary Caldera noted that [t]he men of the 65th who served in Korea are a significant part of a proud tradition of service that includes the Japanese American 442nd Regimental Combat Team, the African American Tuskegee Airmen, and many other unsung minority units throughout the history of our armed forces whose stories have never been fully told. . (33) The service of the men of the 65th Infantry Regiment is emblematic of the contributions to the armed forces that have been made by hundreds of thousands of brave and patriotic United States citizens from Puerto Rico over generations, from World War I to the most recent conflicts in Afghanistan and Iraq, and in other overseas contingency operations. 2. Congressional gold medal (a) Award Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the 65th Infantry Regiment, known as the Borinqueneers, in recognition of its pioneering military service, devotion to duty, and many acts of valor in the face of adversity. (b) Design and Striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the Secretary ) shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution (1) In general Following the award of the gold medal in honor of the 65th Infantry Regimen, known as the Borinqueneers, the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of the Congress It is the sense of the Congress that the Smithsonian Institution shall make the gold medal received under this Act available for display elsewhere, particularly at other appropriate locations associated with the 65th Infantry Regiment, including locations in Puerto Rico. 3. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 4. National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. 5. Authorization of appropriations; proceeds of sale (a) Authorization of Appropriations There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of Sale Amount received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

https://www.govinfo.gov/content/pkg/BILLS-113hr1726ih/xml/BILLS-113hr1726ih.xml

113-hr-1727

I 113th CONGRESS 1st Session H. R. 1727 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Walz (for himself, Mr. Fortenberry , Mr. Gibson , and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To expand and improve opportunities for beginning farmers and ranchers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Beginning Farmer and Rancher Opportunity Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—CONSERVATION Subtitle A—Conservation Reserve Program Sec. 101. Extension of conservation reserve program. Sec. 102. Contracts. Subtitle B—Farmland Protection Program Sec. 111. Farmland protection program. Subtitle C—Environmental Quality Incentives Program Sec. 121. Establishment and administration of environmental quality incentives program. Sec. 122. Conservation innovation grants and payments. Subtitle D—Funding and Administration Sec. 131. Funding of conservation programs under Food Security Act of 1985. Sec. 132. Assistance to certain farmers or ranchers for conservation access. Sec. 133. Comprehensive conservation planning. Title II—CREDIT Subtitle A—Farm Ownership Loans Sec. 201. Direct farm ownership experience requirement. Sec. 202. Conservation loan and loan guarantee program. Sec. 203. Indexing of direct farm ownership loans. Sec. 204. Joint financing arrangement. Sec. 205. Loan terms for down payment loan program. Sec. 206. Limited resource loan rate. Sec. 207. Definition of qualified beginning farmer or rancher. Subtitle B—Operating Loans Sec. 211. Young beginning farmer or rancher microloans. Subtitle C—Administrative Provisions Sec. 221. Beginning farmer and rancher individual development accounts pilot program. Sec. 222. Transition to private commercial or other sources of credit. Sec. 223. Direct loans for beginning farmers and ranchers. Title III—RURAL DEVELOPMENT Sec. 301. Value-added producer grants. Title IV—RESEARCH, EDUCATION, AND EXTENSION Sec. 401. Beginning farmer and rancher development program. Sec. 402. Agriculture and Food Research Initiative. Title V—CROP INSURANCE Sec. 501. Risk management partnership programs. Title VI—MISCELLANEOUS Sec. 601. Military Veterans Agricultural Liaison. Sec. 602. Budgetary effects. Sec. 603. Effective date. I CONSERVATION A Conservation Reserve Program 101. Extension of conservation reserve program (a) In general Section 1231(a) of the Food Security Act of 1985 (16 U.S.C. 3831(a)) is amended by striking 2012 and inserting 2018 . (b) Land eligible for enrollment in conservation reserve Section 1231(b)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3831(b)(1)(B) ) is amended by striking Food, Conservation, and Energy Act of 2008 and inserting Beginning Farmer and Rancher Opportunity Act of 2013 . (c) Maximum enrollment of acreage in conservation reserve Section 1231(d) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d) ) is amended— (1) by striking the first sentence; and (2) in the second sentence, by striking 2010, 2011, and 2012 and inserting 2010 through 2018 . (d) Pilot program for enrollment of wetland and buffer acreage in conservation reserve Section 1231B of the Food Security Act of 1985 (16 U.S.C. 3831b) is amended— (1) in subsection (a)(1), by striking 2012 and inserting 2018 ; and (2) in subsection (b)(1)(C), by striking 2002 through 2007 and inserting 2008 through 2012 . 102. Contracts Section 1235 of the Food Security Act of 1985 ( 16 U.S.C. 3835 ) is amended— (1) in subsection (c)(1)(B), by striking clause (iii) and inserting the following: (iii) to facilitate a transition of land subject to the contract from a retired or retiring owner or operator to a beginning farmer or rancher, socially disadvantaged farmer or rancher, or limited resource farmer or rancher who is or will be actively engaged in farming or ranching with respect to the land transferred under this subsection for the purpose of returning some or all of the land into production using sustainable grazing or crop production methods that meet or exceed the resource management system quality criteria for erosion, soil quality, water quality, and fish and wildlife; or ; and (2) in subsection (f)(1)— (A) in the matter preceding subparagraph (A), by striking or socially disadvantaged farmer or rancher and inserting socially disadvantaged farmer or rancher, or limited resource farmer or rancher who is or will be actively engaged in farming or ranching with respect to the land transferred under this subsection ; and (B) by striking subparagraphs (C), (D), and (E) and inserting the following: (C) require the covered farmer or rancher to develop and implement a comprehensive conservation plan that addresses all resource concerns and meets such sustainability criteria as the Secretary may establish; (D) provide to the covered farmer or rancher an opportunity to enroll in the conservation stewardship program or the environmental quality incentives program at any time beginning on the date that is 1 year before the date of termination of the contract, including technical and financial assistance in the development of a comprehensive conservation plan; (E) if the land transferred under this subsection remains in grass cover, provide to the covered farmer or rancher an opportunity to enroll in a long-term or permanent easement under the grassland reserve program or farmland protection program at any time beginning on the date that is 1 year before the date of termination of the contact; and (F) continue to make annual payments to the retired or retiring owner or operator for not more than an additional 2 years after the date of termination of the contract, except that, in the case of a retired or retiring owner or operator who is a family member (as defined in section 1001) of the covered farmer or rancher, the additional payments shall be made only if title to the land is sold or transferred to the covered farmer or rancher on termination of the contract. . B Farmland Protection Program 111. Farmland protection program Section 1238I of the Food Security Act of 1985 ( 16 U.S.C. 3838i ) is amended— (1) in subsection (b), by inserting to promote farm viability for future generations before the period at the end; and (2) in subsection (g)(4)— (A) in subparagraph (B), by striking and at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following: (C) provide a funding priority, to the maximum extent practicable, for— (i) eligible land for which there exists a farm or ranch succession plan or similar plan established to create opportunities for beginning farmers and ranchers and encourage farm viability for future generations; (ii) easements that exercise an option to purchase at a price that is equal to the agricultural use value; (iii) qualified beginning farmers or ranchers with contracts to purchase the land to be protected; (iv) land owned by a nongovernmental organization that will be sold to a qualified beginning farmer or rancher; (v) contemporaneous farm transfers of eligible land to qualified beginning farmers and ranchers that may not occur without the financial assistance of the program; and (vi) other similar mechanisms to maintain the affordability of farm and ranch land for successive generations of farmers and ranchers; and . C Environmental Quality Incentives Program 121. Establishment and administration of environmental quality incentives program Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 ) is amended— (1) in subsection (a), by striking 2014 and inserting 2018 ; (2) in subsection (d)(4)(B), by striking 30 percent and inserting 50 percent ; and (3) in subsection (f), by striking 2012 and inserting 2018 . 122. Conservation innovation grants and payments Section 1240H of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8 ) is amended— (1) in subsection (a)(2)— (A) in subparagraph (C), by striking ; and and inserting a semicolon; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) provide environmental and resource conservation benefits through increased participation by beginning farmers and ranchers and socially disadvantaged farmers and ranchers. ; and (2) in subsection (b)(2), by striking 2012 and inserting 2018 . D Funding and Administration 131. Funding of conservation programs under Food Security Act of 1985 Section 1241(a) of the Food Security Act of 1985 ( 16 U.S.C. 3841(a) ) is amended— (1) in the matter preceding paragraph (1), by inserting and through fiscal year 2018 in the case of the program described in paragraph (1)(B) after (7) ; and (2) in paragraph (1), by striking subparagraph (B) and inserting the following: (B) $50,000,000 for the period of fiscal years 2014 through 2018 to carry out section 1235(f) to facilitate the transfer of land subject to contracts from retired or retiring owners and operators to beginning farmers or ranchers, socially disadvantaged farmers or ranchers, or limited resource farmers or ranchers. . 132. Assistance to certain farmers or ranchers for conservation access Section 1241(g) of the Food Security Act of 1985 ( 16 U.S.C. 3841(g) ) is amended— (1) in paragraph (1), by striking 2012 and inserting 2018 ; and (2) in paragraph (2), by inserting (but not earlier than 120 days after the date that funding for the fiscal year is allocated to the States) after Secretary ; (3) in paragraph (3), by inserting (but not earlier than 120 days after the date that acres for the fiscal year are allocated to the States) after Secretary ; and (4) by adding at the end the following: (4) Participation by beginning and socially disadvantaged farmers and ranchers Nothing in this subsection prohibits beginning or socially disadvantaged farmers or ranchers from participating in programs and receiving funding available under this title that is not reserved under paragraph (1). (5) Technical assistance Within the funds reserved under paragraph (1), the Secretary shall allocate to the Natural Resources Conservation Service funding for technical assistance at a rate that is not more than 10 percent higher than the rate that would otherwise apply to allow the Service to provide additional technical assistance to beginning farmers or ranchers and socially disadvantaged farmers or ranchers to establish conservation plans. . 133. Comprehensive conservation planning Section 1244(a) of the Food Security Act of 1985 ( 16 U.S.C. 3844(a) ) is amended by adding at the end the following: (3) Comprehensive conservation planning In carrying out this subsection, the Secretary shall provide technical and financial assistance using resources available under the environmental quality incentives program, conservation stewardship program, or such other programs as the Secretary may determine to covered persons who request the assistance to develop a comprehensive conservation plan for the farming or ranching operation of the covered person that addresses all resource concerns and meets such sustainability criteria as the Secretary may establish. . II CREDIT A Farm Ownership Loans 201. Direct farm ownership experience requirement Section 302(b)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1922(b)(1) ) is amended in the matter preceding subparagraph (A) by inserting or has other acceptable experience for a period of time, as determined by the Secretary, after 3 years . 202. Conservation loan and loan guarantee program Section 304 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1924 ) is amended— (1) in subsection (c)(2)— (A) by striking shall meet and inserting shall— (A) meet ; (B) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (B) be the owner or operator of not larger than a family farm. ; (2) in subsection (e)— (A) by striking The portion and inserting the following: (1) In general Except as provided in paragraph (2), the portion ; and (B) by adding at the end the following: (2) Beginning and socially disadvantaged farmers and ranchers In the case of beginning farmers or ranchers and socially disadvantaged farmers or ranchers, the portion of the loan the Secretary may guarantee under this section shall be 95 percent of the principal amount of the loan. ; and (3) by striking subsection (h) and inserting the following: (h) Funding (1) In general The Secretary may make or guarantee loans under this section for not more than $250,000,000 for each of fiscal years 2013 through 2018, of which, for each fiscal year, not more than 1/2 shall be used for direct loans and not more than 1/2 shall be used for guaranteed loans. (2) Qualified beginning farmers and ranchers (A) Direct loans Of the amount made available for direct loans for a fiscal year under paragraph (1), the Secretary shall reserve for qualified beginning farmers and ranchers until April 1 of the fiscal year not less than 50 percent of the amount. (B) Guaranteed loans Of the amount made available for guaranteed loans for a fiscal year under paragraph (1), the Secretary shall reserve for qualified beginning farmers and ranchers until April 1 of the fiscal year not less than 50 percent of the amount. . 203. Indexing of direct farm ownership loans Section 305(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1925(a) ) is amended by inserting (increased, beginning with fiscal year 2014, by the inflation percentage, as determined by the Secretary, applicable to the fiscal year in which the loan is made) after $300,000 . 204. Joint financing arrangement Section 307(a)(3)(D) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1927(a)(3)(D)) is amended by striking 4 and inserting 1.5 . 205. Loan terms for down payment loan program Section 310E(b)(1)(C) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1935(b)(1)(C) ) is amended by striking $500,000 and inserting $667,000 . 206. Limited resource loan rate Section 316(a)(2)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1946(a)(2)(B)) is amended by striking 5 and inserting 1.5 . 207. Definition of qualified beginning farmer or rancher Section 343(a)(11)(F) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(11)(F) ) is amended by striking median and inserting average . B Operating Loans 211. Young beginning farmer or rancher microloans (a) In general Section 311 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1941 ) is amended by adding at the end the following: (d) Microloans (1) In general Subject to paragraph (2), the Secretary may establish a program to make or guarantee microloans. (2) Limitation The Secretary shall not make or guarantee a microloan under this subsection that— (A) exceeds $35,000; or (B) would cause the total principal indebtedness outstanding at any time for microloans under this subsection to any 1 borrower to exceed $70,000. (3) Applications To the maximum extent practicable, the Secretary shall limit the administrative burdens and streamline the application and approval process for microloans under this subsection. (4) Cooperative lending projects (A) In general Subject to subparagraph (B), the Secretary may enter into a contract with one or more community-based and nongovernmental organizations, State entities, or other intermediaries, as the Secretary determines appropriate— (i) to make or guarantee a microloan under this subsection; and (ii) to provide business, financial, marketing, and credit management services to borrowers. (B) Requirements Before entering into a contract with an entity described in subparagraph (A), the Secretary— (i) shall review and approve— (I) the loan loss reserve fund for microloans established by the entity; and (II) the underwriting standards for microloans of the entity; and (ii) establish such other requirements for contracting with the entity as the Secretary determines to be necessary. (C) Revolving fund Under such conditions as the Secretary may require, an entity described in subparagraph (A) that enters into a contract with the Secretary under this paragraph may elect to convert the loan loss reserve fund for microloans established by the entity into a revolving loan fund to carry out the purposes of this paragraph. . (b) Exceptions for direct loans Section 311(c) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1941(c) ) is amended by striking paragraph (2) and inserting the following: (2) Exceptions In this subsection, the term direct operating loan shall not include— (A) a loan made to a youth under subsection (b); or (B) a microloan made to a young beginning farmer or rancher or a military veteran farmer or rancher, as defined by the Secretary. . (c) Purposes of loans Section 312(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1942(a) ) is amended in the matter preceding paragraph (1) by inserting (including a microloan, as defined by the Secretary) after A direct loan . (d) Determination of interest rates Section 316(a)(2) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1946(a)(2) ) is amended in the matter preceding subparagraph (A) by inserting a microloan to a beginning farmer or rancher or military veteran farmer or rancher or after The interest rate on . C Administrative Provisions 221. Beginning farmer and rancher individual development accounts pilot program Section 333B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1983b ) is amended by striking subsection (h) and inserting the following: (h) Funding On October 1, 2013, and on each October 1 thereafter through October 1, 2017, of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000, to remain available until expended. . 222. Transition to private commercial or other sources of credit (a) Conditions for direct loans Section 311(c) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1941(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking the semicolon at the end and inserting ; and ; (B) in subparagraph (B), by striking ; or at the end and inserting a period; and (C) by striking subparagraph (C); and (2) by striking paragraphs (3) and (4) and inserting the following: (3) Term limits Subject to paragraph (4), if a farmer or rancher has received a direct operating loan pursuant to this section in each of 9 consecutive years, the farmer or rancher may not receive a direct operating loan from the Secretary under this section for the next year. (4) Waivers for farm and ranch operations on tribal land The Secretary shall waive the limitation under paragraph (3) for a direct loan made under this subtitle to a farmer or rancher whose farm or ranch land is subject to the jurisdiction of an Indian tribe and whose loan is secured by one or more security instruments that are subject to the jurisdiction of an Indian tribe if the Secretary determines that commercial credit is not generally available for the farm or ranch operations. . (b) Limitation on period borrowers are eligible for guaranteed assistance Section 319 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1949 ) is amended by striking subsection (b) and inserting the following: (b) Limitation on period borrowers are eligible for guaranteed assistance If a borrower has received a guaranteed loan under this subtitle in each of 15 consecutive years, the borrower may not receive a loan guaranteed by the Secretary for the next year. . 223. Direct loans for beginning farmers and ranchers Section 346(b)(2)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1994(b)(2)(A) ) is amended— (1) in clause (i), by adding at the end the following: (III) Priority In order to maximize the number of borrowers served under this clause, the Secretary— (aa) shall give priority to borrowers who apply under the down payment loan program under section 310E or joint financing arrangements under section 307(a)(3)(D); and (bb) may offer other financing options only if the Secretary determines that down payment or other participation loan options are not a viable approach for a particular borrower. ; and (2) in clause (ii)(III), by striking each of fiscal years 2008 through 2012 and inserting fiscal year 2008 and each fiscal year thereafter . III RURAL DEVELOPMENT 301. Value-added producer grants Section 231(b) of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a(b) ) is amended— (1) by striking paragraph (6) and inserting the following: (6) Priority In awarding grants under this subsection, the Secretary shall— (A) in the case of grants awarded under paragraph (1)(A), give priority to— (i) operators of small- and medium-sized farms and ranches that are structured as family farms; or (ii) beginning farmers or ranchers or socially disadvantaged farmers or ranchers; and (B) in the case of grants awarded under paragraph (1)(B), give priority to projects that, as determined through peer review, best contribute— (i) to increasing opportunities for operators of small- and medium-sized farms and ranches that are structured as family farms; or (ii) to creating opportunities for beginning farmers and ranchers or socially disadvantaged farmers and ranchers. ; and (2) by redesignating paragraph (7) as paragraph (8); (3) by inserting after paragraph (6) the following: (7) Outreach and technical assistance The Secretary shall develop and implement an outreach and technical assistance strategy to assist recipients of a grant under this subsection reach and serve underserved States and communities (as determined by the Secretary). ; and (4) in paragraph (8) (as redesignated by paragraph (3))— (A) in subparagraph (A)— (i) by striking October 1, 2008 and inserting October 1, 2012, and each October 1 thereafter through October 1, 2017 ; and (ii) by striking $15,000,000 and inserting $20,000,000 ; (B) in subparagraph (B), by striking 2012 and inserting 2018 ; and (C) by striking subparagraph (C) and inserting the following: (C) Priority funding (i) In general In accordance with clause (ii), the Secretary shall, to the maximum extent practicable, reserve not less than 2/3 of the amounts made available for each fiscal year under this paragraph to award grants with respect to which priority is given under paragraph (6). (ii) Reservation of funds (I) In general Of the amounts reserved under clause (i) for each fiscal year, the Secretary shall reserve a total of 10 percent to award grants to recipients described in subparagraphs (A)(ii) and (B)(ii) of paragraph (6). (II) Mid-tier value chains Of the total amount of funds made available for each fiscal year under this paragraph, the Secretary shall reserve 10 percent to fund applications of eligible recipients described in paragraph (1) that propose to develop mid-tier value chains. (III) Unobligated amounts Any amounts reserved for a fiscal year under subclause (I) or (II) that are not obligated by the date on which the Secretary completes the review process for applications submitted under this section in that fiscal year shall be available to the Secretary to make grants under this subsection to eligible recipients in any State, as determined by the Secretary. . IV RESEARCH, EDUCATION, AND EXTENSION 401. Beginning farmer and rancher development program Section 7405 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3319f ) is amended— (1) in subsection (c)— (A) in paragraph (1), by striking subparagraphs (A) through (R) and inserting the following; (A) basic livestock, forest management, and crop farming practices; (B) innovative farm, ranch, and private nonindustrial forest land transfer strategies; (C) entrepreneurship and business training; (D) financial and risk management training (including the acquisition and management of agricultural credit); (E) natural resource management and conservation planning; (F) diversification and marketing strategies; (G) curriculum development; (H) mentoring, apprenticeships, and internships; (I) assisting beginning farmers or ranchers in acquiring land from retiring farmers and ranchers; (J) food safety training; (K) agricultural rehabilitation and vocational training for veterans; and (L) other similar subject areas of use to beginning farmers or ranchers. ; (B) in paragraph (4)— (i) by striking To be eligible and inserting the following: (A) In general Except as provided in subparagraph (B), to be eligible ; and (ii) by adding at the end the following: (B) Exceptions The Secretary may waive or modify the matching requirement in subparagraph (A) if the Secretary determines a waiver or modification is necessary to effectively reach an underserved area or population. ; (C) in paragraph (8)— (i) in subparagraph (B), by striking and after the semicolon at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) military veteran beginning farmers and ranchers. ; and (D) by adding at the end the following: (11) Indirect costs To help facilitate participation in the program under this subsection by nongovernmental and community-based nonprofit organizations, the Secretary shall provide for an optional 10 percent indirect cost option in lieu of a higher negotiated rate. ; and (2) in subsection (h)— (A) in paragraph (1)— (i) in the paragraph heading, by striking FOR FISCAL YEARS 2009 THROUGH 2012 ; and (ii) by striking section— and all that follows through the period at the end and inserting section $20,000,000 for each of fiscal years 2014 through 2018. ; (B) in paragraph (2)— (i) in the paragraph heading, by striking FOR FISCAL YEARS 2009 THROUGH 2012 ; and (ii) by striking 2008 through 2012 and inserting 2013 through 2018 ; and (C) by striking paragraph (3). 402. Agriculture and Food Research Initiative Subsection (b) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i(b) ) is amended— (1) in paragraph (1), by striking food and agricultural sciences and all that follows through the period at the end and inserting the following: food and agricultural sciences (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103))— (A) in the case of grant made under paragraph (6), to an entity described in subparagraphs (A), (B), (C), or (D) of that paragraph; and (B) in the case of any other grant made under this subsection, to any eligible entity described in paragraph (7), including a grant made for— (i) fundamental research (as defined in section 251(f)(1) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(f)(1) ); (ii) applied research (as defined in that section); (iii) integrated research conducted pursuant to section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7626 ); or (iv) integrated research described in clause (iii) that is applied or fundamental research. ; (2) in paragraph (2)(F)— (A) by redesignating clauses (iii) through (vi) as clauses (iv) through (vii), respectively; and (B) by inserting after clause (ii) the following: (iii) new farming opportunities, including young, beginning, socially disadvantaged, and immigrant issues and farm transition, farm transfer, farm entry, and beginning farmer profitability issues; ; (3) in paragraph (7), in the matter preceding subparagraph (A), by inserting projects (including integrated projects) after education ; and (4) in paragraph (11)(A), in the matter preceding clause (i), by striking 2008 through 2012 and inserting 2013 through 2018 . V CROP INSURANCE 501. Risk management partnership programs Section 522(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(d) ) is amended— (1) in paragraph (1)— (A) by striking priority given to risk and inserting priority given to— (A) risk ; (B) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (B) underserved producers, including beginning farmers and ranchers and socially disadvantaged farmers and ranchers. ; (2) in paragraph (2)— (A) by striking options for producers and inserting “options for— (A) producers (B) by striking the period at the end and inserting ; and (B) by adding at the end the following: (B) underserved producers, including beginning farmers and ranchers and socially disadvantaged farmers and ranchers. ; and (3) by adding at the end the following: (4) Requirements In carrying out the programs established under paragraphs (2) and (3), the Secretary shall place special emphasis on risk management techniques, tools, and programs that are specifically targeted at— (A) beginning farmers or ranchers; (B) legal immigrant farmers or ranchers that are attempting to become established agricultural producers in the United States; (C) socially disadvantaged farmers or ranchers; (D) farmers or ranchers that— (i) are preparing to retire; and (ii) are using transition strategies to help new farmers or ranchers get started; and (E) new or established farmers or ranchers that are converting production and marketing systems to pursue new markets. . VI MISCELLANEOUS 601. Military Veterans Agricultural Liaison (a) In general Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 218 (7 U.S.C. 6918) the following: 219. Military veterans agricultural liaison (a) Authorization The Secretary shall establish in the Department the position of Military Veterans Agricultural Liaison. (b) Duties The Military Veterans Agricultural Liaison shall— (1) provide information to returning veterans about, and connect returning veterans with, beginning farmer training and agricultural vocational and rehabilitation programs appropriate to the needs and interests of returning veterans, including assisting veterans in using Federal veterans educational benefits for purposes relating to beginning a farming or ranching career; (2) provide information to veterans concerning the availability of and eligibility requirements for participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs; (3) serving as a resource for assisting veteran farmers and ranchers, and potential farmers and ranchers, in applying for participation in agricultural programs; and (4) advocating on behalf of veterans in interactions with employees of the Department. . (b) Conforming amendments Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended— (1) in paragraph (6), by striking or after the semicolon at the end; (2) in paragraph (7), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (8) the authority of the Secretary to establish in the Department the position of Military Veterans Agricultural Liaison in accordance with section 219. . 602. 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. 603. Effective date This Act and the amendments made by this Act take effect on October 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1727ih/xml/BILLS-113hr1727ih.xml

113-hr-1728

I 113th CONGRESS 1st Session H. R. 1728 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Rangel introduced the following bill; which was referred to the Committee on the Judiciary A BILL To repeal certain appropriations riders that limit the ability of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to administer the Federal firearms laws. 1. Short title This Act may be cited as the Enforce Existing Gun Laws Act . 2. Repeal of certain appropriations riders that limit the ability of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to administer the Federal firearms laws (a) Prohibition on consolidation or centralization in the Department of Justice of firearms acquisition and disposition records maintained by Federal firearms licensees The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the 1st proviso. (b) Prohibition on imposition of requirement that firearms dealers conduct physical check of firearms inventory The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ) is amended by striking the 5th proviso. (c) Requirement that instant check records be destroyed within 24 hours Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112–55 ; 125 Stat. 632) is amended— (1) by striking — and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. (d) Limitations relating to firearms trace data (1) Tiahrt amendments (A) The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the 6th proviso. (B) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2010 ( 18 U.S.C. 923 note; Public Law 111–117 ; 123 Stat. 3128–3129) is amended by striking beginning in fiscal year 2010 and thereafter and inserting in fiscal year 2010 . (C) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Omnibus Appropriations Act, 2009 ( 18 U.S.C. 923 note; Public Law 111–8 ; 123 Stat. 574–576) is amended by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009 . (D) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2008 ( 18 U.S.C. 923 note; Public Law 110–161 ; 121 Stat. 1903–1904) is amended by striking beginning in fiscal year 2008 and thereafter and inserting in fiscal year 2008 . (E) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( 18 U.S.C. 923 note; Public Law 109–108; 119 Stat. 2295–2296) is amended by striking with respect to any fiscal year . (F) The 6th proviso under the heading in title I of division B of the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; Public Law 108–447 ; 118 Stat. 2859–2860) is amended by striking with respect to any fiscal year . (2) Prohibition on processing of Freedom of Information Act requests about arson or explosives incidents or firearm traces Section 644 of division J of the Consolidated Appropriations Resolution, 2003 ( 5 U.S.C. 552 note; 117 Stat. 473–474) is repealed. (e) Prohibition on use of firearms trace data To draw broad conclusions about firearms-Related crime (1) Section 514 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ) is repealed. (2) Section 516 of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112–55; 125 Stat. 633) is repealed. (f) Prohibitions relating to curios or relics and importation of surplus military firearm (1) The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Ap­pro­pri­a­tions Act, 2013 ( Public Law 113–6 ) is amended by striking the 1st proviso. (2) Section 519 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ) is repealed. (g) Prohibition on denial of federal firearms license due to lack of business activity The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ) is amended by striking the 6th proviso.

https://www.govinfo.gov/content/pkg/BILLS-113hr1728ih/xml/BILLS-113hr1728ih.xml

113-hr-1729

I 113th CONGRESS 1st Session H. R. 1729 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mrs. Kirkpatrick (for herself and Mr. Coffman ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to provide the service records of veterans to the Secretary of Veterans Affairs in an efficient, electronic format. 1. Short title This Act may be cited as the VA Claims, Operations, and Records Efficiency Act . 2. Provision of service records (a) In general In accordance with subsection (b), the Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall make the covered records of each member of the Armed Forces available to the Secretary of Veterans Affairs in an electronic format. (b) Timeline The Secretary of Defense shall ensure that the covered records of members are made available to the Secretary of Veterans Affairs as follows: (1) With respect to a member of the Armed Forces who was discharged or released from the Armed Forces before the date of the enactment of this Act, not later than 45 days after the date of such discharge or release. (2) With respect to a member of the Armed Forces who is discharged or released from the Armed Forces on or after the date of the enactment of this Act, not later than 21 days after the date of such discharge or release. (c) Certification For each member of the Armed Forces whose covered records are made available under subsection (a), the Secretary of Defense shall transmit to the Secretary of Veterans Affairs a letter certifying that— (1) the Secretary of Defense thoroughly reviewed the records of the member; (2) the information provided in the covered records of such member is complete as of the date of the letter; (3) no other information that should be included in such covered records exist as of such date; and (4) if other information is later discovered— (A) such other information will be added to such covered records; and (B) the Secretary of Defense will notify the Secretary of Veterans Affairs of such addition. (d) Sharing of protected health information For purposes of the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), making medical records available to the Secretary of Veterans Affairs under subsection (a) shall be treated as a permitted disclosure. (e) Covered records defined In this section, the term covered records means, with respect to a member of the Armed Forces— (1) service treatment records; (2) accompanying personal records; (3) relevant unit records; and (4) medical records created by reason of treatment or services received pursuant to chapter 55 of title 10, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr1729ih/xml/BILLS-113hr1729ih.xml

113-hr-1730

I 113th CONGRESS 1st Session H. R. 1730 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Engel (for himself and Ms. Norton ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to prohibit mobile service providers from providing service on mobile devices that have been reported stolen, to require such providers to give consumers the ability to remotely delete data from mobile devices, to prohibit the alteration or removal of mobile device identification numbers, and for other purposes. 1. Short title This Act may be cited as the Cell Phone Theft Prevention Act of 2013 . 2. Mobile device theft prevention (a) In general Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended by adding at the end the following: 343. Mobile device theft prevention (a) Provision of service on stolen device (1) Prohibition A provider of commercial mobile service or commercial mobile data service may not provide service on a mobile device that has been reported to such provider as stolen— (A) by the person who holds the account with respect to such service; or (B) by another provider of commercial mobile service or commercial mobile data service, in accordance with paragraph (2). (2) Reporting by service providers A provider of commercial mobile service or commercial mobile data service to which a mobile device is reported stolen as described in paragraph (1)(A) shall inform all other providers of such service— (A) that such device has been reported stolen; and (B) of any information necessary for the identification of such device. (b) Remote deletion of data A provider of commercial mobile service or commercial mobile data service on a mobile device shall make available to the person who holds the account with respect to such service the capability of deleting from such device, from a remote location, all information that was placed on such device after its manufacture. (c) Device standards A person may not manufacture in the United States or import into the United States for sale or resale to the public a mobile device unless such device is— (1) equipped with a mobile device identification number; and (2) configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device is able to make available the remote deletion capability required by subsection (b). (d) Alteration or removal of mobile device identification number (1) Prohibition It shall be unlawful to— (A) knowingly remove, obliterate, tamper with, or alter a mobile device identification number; or (B) knowingly use, produce, traffic in, have control or custody of, or possess hardware or software, knowing it has been configured to engage in the conduct described in subparagraph (A). (2) Penalty Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (e) Definitions In this section: (1) Commercial mobile data service The term commercial mobile data service has the meaning given such term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 ). (2) Commercial mobile service The term commercial mobile service has the meaning given such term in section 332. (3) Mobile device The term mobile device means a personal electronic device on which commercial mobile service or commercial mobile data service is provided. (4) Mobile device identification number The term mobile device identification number means an international mobile equipment identity number, electronic serial number, or any other number or signal that identifies a specific mobile device. . (b) Report to FCC Not later than 1 year after the date of the enactment of this Act, each provider of commercial mobile service or commercial mobile data service that provides such service on a mobile device shall submit to the Federal Communications Commission a report on— (1) the efforts such provider is making in order to be prepared to comply, not later than the effective date described in subsection (c)(1), with the requirements of subsections (a) and (b) of section 343 of the Communications Act of 1934, as added by subsection (a) of this section; and (2) the progress of such provider toward being prepared to comply with such requirements by such date. (c) Effective date (1) In general Such section 343 shall take effect on the date that is 2 years after the date of the enactment of this Act. (2) Devices previously manufactured or imported In the case of a mobile device that was manufactured in the United States (or imported into the United States, if such device was manufactured outside the United States) before the date that is 2 years after the date of the enactment of this Act, a provider of commercial mobile service or commercial mobile data service shall only be required to comply with subsections (a) and (b) of such section to the extent technologically feasible. (d) Definitions In this section, a term that is defined in such section 343 shall have the meaning given such term in such section.

https://www.govinfo.gov/content/pkg/BILLS-113hr1730ih/xml/BILLS-113hr1730ih.xml

113-hr-1731

I 113th CONGRESS 1st Session H. R. 1731 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Schrader (for himself, Mr. Denham , Mr. Farr , Mr. Fitzpatrick , Mr. Campbell , and Mr. Huffman ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide for a uniform national standard for the housing and treatment of egg-laying hens, and for other purposes. 1. Short title This Act may be cited as the Egg Products Inspection Act Amendments of 2013 . 2. Hen housing and treatment standards (a) Definitions Section 4 of the Egg Products Inspection Act ( 21 U.S.C. 1033 ) is amended— (1) by redesignating subsection (a) as subsection (c); (2) by redesignating subsections (b), (c), (d), (e), (f), and (g) as subsections (f), (g), (h), (i), (j), and (k), respectively; (3) by redesignating subsections (h) and (i) as subsections (n) and (o), respectively; (4) by redesignating subsections (j), (k), and (l) as subsections (r), (s), and (t), respectively; (5) by redesignating subsections (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), and (z) as subsections (v), (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), and (ii), respectively; (6) by inserting before subsection (c), as redesignated by paragraph (1), the following new subsections: (a) The term adequate environmental enrichments means adequate perch space, dust bathing or scratching areas, and nest space, as defined by the Secretary of Agriculture, based on the best available science, including the most recent studies available at the time that the Secretary defines the term. (b) The term adequate housing-related labeling means a conspicuous, legible marking on the front or top of a package of eggs accurately indicating the type of housing that the egg-laying hens were provided during egg production, in one of the following formats: (1) Eggs from free-range hens to indicate that the egg-laying hens from which the eggs or egg products were derived were, during egg production— (A) not housed in caging devices; and (B) provided with outdoor access. (2) Eggs from cage-free hens to indicate that the egg-laying hens from which the eggs or egg products were derived were, during egg production, not housed in caging devices. (3) Eggs from enriched cages to indicate that the egg-laying hens from which the eggs or egg products were derived were, during egg production, housed in caging devices that— (A) contain adequate environmental enrichments; and (B) provide the hens a minimum of 116 square inches of individual floor space per brown hen and 101 square inches of individual floor space per white hen. (4) Eggs from caged hens to indicate that the egg-laying hens from which the eggs or egg products were derived were, during egg production, housed in caging devices that either— (A) do not contain adequate environmental enrichments; or (B) do not provide the hens a minimum of 116 square inches of individual floor space per brown hen and 101 square inches of individual floor space per white hen. ; (7) by inserting after subsection (c), as redesignated by paragraph (1), the following new subsections: (d) The term brown hen means a brown egg-laying hen used for commercial egg production. (e) The term caging device means any cage, enclosure, or other device used for the housing of egg-laying hens for the production of eggs in commerce, but does not include an open barn or other fixed structure without internal caging devices. ; (8) by inserting after subsection (k), as redesignated by paragraph (2), the following new subsections: (l) The term egg-laying hen means any female domesticated chicken, including white hens and brown hens, used for the commercial production of eggs for human consumption. (m) The term existing caging device means any caging device that was continuously in use for the production of eggs in commerce up through and including December 31, 2011. ; (9) by inserting after subsection (o), as redesignated by paragraph (3), the following new subsections: (p) The term feed-withdrawal molting means the practice of preventing food intake for the purpose of inducing egg-laying hens to molt. (q) The term individual floor space means the amount of total floor space in a caging device available to each egg-laying hen in the device, which is calculated by measuring the total floor space of the caging device and dividing by the total number of egg-laying hens in the device. ; (10) by inserting after subsection (t), as redesignated by paragraph (4), the following new subsection: (u) The term new caging device means any caging device that was not continuously in use for the production of eggs in commerce on or before December 31, 2011. ; and (11) by inserting at the end the following new subsections: (jj) The term water-withdrawal molting means the practice of preventing water intake for the purpose of inducing egg-laying hens to molt. (kk) The term white hen means a white egg-laying hen used for commercial egg production. . (b) Housing and treatment of egg-Laying hens The Egg Products Inspection Act (21 U.S.C. 1031 et seq.) is amended by inserting after section 7 ( 21 U.S.C. 1036 ) the following new sections: 7A. Housing and treatment of egg-laying hens (a) Environmental enrichments (1) Existing caging devices Beginning 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , all existing caging devices shall provide egg-laying hens housed therein adequate environmental enrichments. (2) New caging devices Beginning 9 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , all new caging devices shall provide egg-laying hens housed therein adequate environmental enrichments. (3) Caging devices in California (A) New caging devices All caging devices in California installed after the date of enactment of the Egg Products Inspection Act Amendments of 2013 shall provide egg-laying hens housed therein adequate environmental enrichments beginning 3 months after that date of enactment. (B) Existing caging devices All caging devices in California installed before the date of enactment of the Egg Products Inspection Act Amendments of 2013 shall provide egg-laying hens housed therein adequate environmental enrichments beginning January 1, 2024. (b) Floor space (1) Existing caging devices All existing cages devices shall provide egg-laying hens housed therein— (A) beginning 4 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 and until the date that is 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 76 square inches of individual floor space per brown hen and 67 square inches of individual floor space per white hen; and (B) beginning 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen. (2) New caging devices All new caging devices shall provide egg-laying hens housed therein— (A) beginning 3 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 and until the date that is 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 90 square inches of individual floor space per brown hen and 78 square inches of individual floor space per white hen; (B) beginning 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 and until the date that is 9 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 102 square inches of individual floor space per brown hen and 90 square inches of individual floor space per white hen; (C) beginning 9 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 and until the date that is 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 116 square inches of individual floor space per brown hen and 101 square inches of individual floor space per white hen; (D) beginning 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 and until the date that is 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 130 square inches of individual floor space per brown hen and 113 square inches of individual floor space per white hen; and (E) beginning 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen. (3) California caging devices (A) Existing caging devices All caging devices in California installed before the date of enactment of the Egg Products Inspection Act Amendments of 2013 shall provide egg-laying hens housed therein— (i) beginning January 1, 2015, and through December 31, 2023, a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen; and (ii) beginning January 1, 2024, a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen. (B) New caging devices All caging devices in California installed after the date of enactment of the Egg Products Inspection Act Amendments of 2013 shall provide egg-laying hens housed therein— (i) beginning 3 months after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , and through December 31, 2023, a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen; and (ii) beginning January 1, 2024, a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen. (c) Air quality (1) In general Beginning 2 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , an egg handler shall provide all egg-laying hens under his ownership or control with acceptable air quality, which does not exceed more than 25 parts per million of ammonia during normal operations. (2) Temporary excess ammonia levels allowed Notwithstanding paragraph (1), an egg handler may provide egg-laying hens under the ownership or control of such handler with air quality containing more than 25 parts per million of ammonia for temporary periods as necessary because of extraordinary weather circumstances or other unusual circumstances. (d) Forced molting Beginning 2 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , no egg handler may subject any egg-laying hen under his ownership or control to feed-withdrawal or water-withdrawal molting. (e) Euthanasia Beginning 2 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , an egg handler shall provide, when necessary, all egg-laying hens under his ownership or control with euthanasia that is humane and uses a method deemed Acceptable by the American Veterinary Medical Association. (f) Prohibition on new unenrichable cages No person shall build, construct, implement, or place into operation any new caging device for the production of eggs to be sold in commerce unless the device— (1) provides the egg-laying hens to be contained therein a minimum of 76 square inches of individual floor space per brown hen or 67 square inches of individual floor space per white hen; and (2) is capable of being adapted to accommodate adequate environmental enrichments. (g) Exemptions (1) Recently-installed existing caging devices The requirements under subsections (a)(1) and (b)(1)(B) shall not apply to any existing caging device that was first placed into operation between January 1, 2008, and December 31, 2011. This exemption shall expire on December 31, 2029, at which time the requirements contained in subsections (a)(1) and (b)(1)(B) shall apply to all existing caging devices. (2) Hens already in production The requirements under subsections (a)(1), (a)(2), (b)(1)(B), and (b)(2) shall not apply to any caging device containing egg-laying hens who are already in egg production on the date that such requirement takes effect. This exemption shall expire on the date that such egg-laying hens are removed from egg production. (3) Small producers This section shall not apply to an egg handler who buys, sells, handles, or processes eggs or egg products solely from 1 flock of not more than 3,000 egg-laying hens. (4) Educational and research institutions The provisions of this section related to housing, treatment, or housing-related labeling shall not apply to egg production at an accredited educational or research institution, or to the purchase, sale, handling, or processing of eggs or egg products in connection with such production. (5) Individual enclosures The environmental enrichment requirements under subsection (a) shall not apply to any caging device that contains only 1 egg-laying hen. (6) Other livestock or poultry production This section shall apply only to commercial egg production. This section shall not apply to the production of pork, beef, turkey, dairy, broiler chicken, veal, or other livestock or poultry. 7B. Phase-in conversion requirements (a) National conversion requirements (1) First conversion phase Beginning 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , at least 25 percent of the egg-laying hens in commercial egg production shall be housed either in new caging devices or in existing caging devices that provide the hens contained therein with a minimum of 102 square inches of individual floor space per brown hen and 90 square inches of individual floor space per white hen. (2) Second conversion phase Beginning 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , at least 55 percent of the egg-laying hens in commercial egg production shall be housed either in new caging devices or in existing caging devices that provide the hens contained therein with a minimum of 130 square inches of individual floor space per brown hen and 113 square inches of individual floor space per white hen. (3) Final conversion phase Beginning December 31, 2029, all egg-laying hens confined in caging devices shall be provided adequate environmental enrichments and a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen. (b) California conversion requirements (1) First conversion phase Beginning 2 years and 6 months after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , at least 25 percent of the egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen. (2) Second conversion phase Beginning 5 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , at least 50 percent of the egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen. (3) Third conversion phase Beginning 7 years and 6 months after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , at least 75 percent of the egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen. (4) Final conversion phase Beginning 10 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , all egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hens. (c) Compliance (1) In general At the end of 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , the Secretary shall determine, after having reviewed and analyzed the results of an independent, national survey of caging devices, whether— (A) the requirements of subsection (a)(1) have been met; and (B) the requirements of subsection (b)(2) have been met. (2) Requirements met If the Secretary finds that the requirements of subsection (a)(1) have not been met, then beginning January 1, 2020, the floor space requirements (irrespective of the date such requirements expire) related to new caging devices contained in subsection (b)(2)(B) of section 7A shall apply to existing caging devices placed into operation prior to January 1, 1995. (3) Requirements not met If the Secretary finds that the requirements of subsection (b)(2) have not been met, then beginning 1 year from the date of the Secretary’s finding, the floor space and enrichments requirements (irrespective of the date such requirements come into force) contained in subsection (a)(3)(A) and subsection (b)(3)(B)(ii) of section 7A shall apply to all caging devices in California. (4) Report At the end of 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , and again after December 31, 2029, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on compliance with subsections (a) and (b). (5) Relationship to other law Notwithstanding section 12, the remedies provided in this subsection shall be the exclusive remedies for violations of this section. . (c) Inspections Section 5 of the Egg Products Inspection Act ( 21 U.S.C. 1034 ) is amended— (1) in subsection (d), in the first sentence, by inserting (other than requirements with respect to housing, treatment, and housing-related labeling) after as he deems appropriate to assure compliance with such requirements ; and (2) in subsection (e)— (A) in paragraph (1)— (i) in subparagraph (A), by striking and ; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following new subparagraph: (B) are derived from egg-laying hens housed and treated in compliance with section 7A; and ; and (iv) in subparagraph (C), as redesignated by clause (ii), by inserting adequate housing-related labeling and after contain ; (B) in paragraph (2), by striking In the case of a shell egg packer and inserting In the cases of an egg handler with a flock of more than 3,000 egg-laying hens and a shell egg packer ; (C) in paragraph (3), by inserting (other than requirements with respect to housing, treatment, and housing-related labeling) after to ensure compliance with the requirements of paragraph (1) ; and (D) in paragraph (4), by striking with a flock of not more than 3,000 layers. and inserting who buys, sells, handles, or processes eggs or egg products solely from 1 flock of not more than 3,000 egg-laying hens. . (d) Labeling Section 7(a) of the Egg Products Inspection Act of 1970 ( 21 U.S.C. 1036(a) ) is amended by inserting adequate housing-related labeling, after plant where the products were processed, . (e) Limitation on exemptions by secretary Section 15(a) of the Egg Products Inspection Act of 1970 ( 21 U.S.C. 1044(a) ) is amended in the matter preceding paragraph (1) by inserting (not including subsection (c) of section 8) after exempt from specific provisions . (f) Imports Section 17(a)(2) of the Egg Products Inspection Act of 1970 ( 21 U.S.C. 1046(a)(2) ) is amended by striking subdivision thereof and are labeled and packaged and inserting subdivision thereof; and no eggs or egg products capable of use as human food shall be imported into the United States unless they are produced, labeled, and packaged . 3. Enforcement of hen housing and treatment standards Section 8 of the Egg Products Inspection Act ( 21 U.S.C. 1037 ) is amended— (1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; (2) by inserting after subsection (b) the following new subsection: (c) (1) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business or commerce any eggs or egg products derived from egg-laying hens housed or treated in violation of any provision of section 7A. (2) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business or commerce any eggs or egg products derived from egg-laying hens unless the container or package, including any immediate container, of the eggs or egg products, beginning 1 year after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , contains adequate housing-related labeling. (3) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business or commerce, in California, any eggs or egg products derived from egg-laying hens unless the egg-laying hens are provided floor space and enrichments equivalent to that required under subsections (a)(3) and (b)(3) of section 7A of this Act regardless of where the eggs are produced. ; and (3) in subsection (e) (as redesignated by paragraph (1)), in the matter preceding paragraph (1), by inserting 7A, after section . 4. State and local authority Section 23 of the Egg Products Inspection Act ( 21 U.S.C. 1052 ) is amended— (a) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (b) by inserting after subsection (b) the following new subsection: (c) Prohibition against additional or different requirements than federal requirements related to minimum space allotments for housing egg-Laying hens in commercial egg production Requirements within the scope of this Act with respect to minimum floor space allotments or enrichments for egg-laying hens housed in commercial egg production which are in addition to or different than those made under this Act may not be imposed by any State or local jurisdiction. Otherwise the provisions of this Act shall not invalidate any law or other provisions of any State or other jurisdiction in the absence of a conflict with this Act. ; and (c) by inserting after subsection (e) (as redesignated by subsection (a)) the following new subsection: (f) Role of california department of food and agriculture With respect to eggs produced, shipped, handled, transported, or received in California prior to the date that is 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , the Secretary shall delegate to the California Department of Food and Agriculture the authority to enforce sections 7A(a)(3), 7A(b)(3), 8(c)(3), and 11. . 5. Effective date This Act shall take effect on the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1731ih/xml/BILLS-113hr1731ih.xml

113-hr-1732

I 113th CONGRESS 1st Session H. R. 1732 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Ms. Bass (for herself, Mr. Marino , Mr. Chabot , Mr. Farenthold , Mr. Grijalva , Ms. Jackson Lee , Mr. McDermott , Mr. Johnson of Ohio , Ms. Moore , Mrs. Napolitano , Mr. Polis , Mr. Rangel , and Mr. Vargas ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend part E of title IV of the Social Security Act to better enable State child welfare agencies to prevent human trafficking of children and serve the needs of children who are victims of human trafficking, and for other purposes. 1. Short title This Act may be cited as the Strengthening the Child Welfare Response to Human Trafficking Act of 2013 . 2. Best practices guidelines to combat trafficking of children Within 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall develop and publish guidelines to assist State, Indian tribe, and tribal organization child welfare agencies and juvenile and family courts in efforts to appropriately serve youth who are victims of trafficking (as defined in section 103(15) of the Trafficking Victims Protection Act of 2000) and youth who are at-risk of becoming such a victim. In developing the guidelines, the Secretary shall consult appropriate agencies throughout the Federal Government, including the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, and the Trafficking in Persons Office of the Department of State. In developing the guidelines, the Secretary should also utilize multi-disciplinary research, evidence-based and promising models and programs, and is encouraged to include input from child welfare agencies that have developed trafficking-specific programs, juvenile and family courts, law enforcement agencies with anti-human trafficking protocols in place, runaway and homeless youth organizations, anti-human trafficking nonprofit organizations, and human trafficking survivors. The guide­lines shall include sections on the following: (1) Personnel resources Sample training materials, protocols, and screening tools that prepare child welfare personnel to identify and serve youth who are victims of trafficking (as so defined) or are at-risk of becoming such a victim. (2) Service delivery Specific strategies to identify victims, manage cases, and improve services to meet the unique needs of foster youth who are also victims of trafficking (as so defined). The strategies should be comprehensive, multi-disciplinary, client-centered, strength-based, trauma-informed, and inclusive of all genders. (3) Collaboration Sample protocols for effective, cross-system collaboration between local agencies and non-profit organizations, including child welfare, medical and health professionals, Federal, State, and local police, juvenile detention centers and courts, and runaway and homeless youth programs, schools, and organizations already serving victims of trafficking (as so defined). (4) Residential placement A list of recommendations to establish safe residential placements for foster youth who have been trafficked (as so defined) as well as training guidelines for caregivers that serve youth being cared for outside the home. (5) Documentation and data Sample protocols and recommended strategies in order to identify victims as well as collect, document, and share data across systems. Recommendations should be designed to help agencies better understand the type of trafficking involved, the scope of the problem, the specific needs of the population to be served, and the degree of victim interaction with multiple systems. Recommendations may address incorporating human trafficking designations in existing statewide automated child welfare information systems. (6) Prevention Recommended actions for child welfare agencies and personnel that will help to prevent foster youth from becoming victims of human trafficking. 3. Streamline data collection and reporting (a) State plan requirements under the foster care and adoption assistance program Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended— (1) by striking and at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting ; and ; and (3) by adding at the end the following: (34) provides that— (A) reasonable efforts shall be made to— (i) identify and document appropriately in agency records each child over whom the agency has responsibility for placement, care, or supervision and who is identified as being a victim of trafficking (as defined in section 103(15) of the Trafficking Victims Protection Act of 2000), as such a victim; and (ii) specify in the records of the agency, the type of trafficking described in subparagraphs (A) and (B) of section 103(9) of such Act to which the child has been subjected; and (B) the agency shall report within 72 hours to appropriate law enforcement agencies for entry into the National Crime Information Center database the identity of each child to whom the agency is providing child welfare services who— (i) is missing or has been abducted; or (ii) is identified as such a victim. . (b) CAPTA amendments Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended— (1) in subsection (b)(2)(B)— (A) in clause (xxii), by striking and at the end; (B) in clause (xxiii), by striking the semicolon at the end and inserting ; and ; and (C) by adding at the end the following: (xxiv) provisions and procedures for the assessment and identification of victims of trafficking (as described in paragraph (9) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )), as well as comprehensive training and services to serve such victims; ; and (2) in subsection (d), by adding at the end the following: (17) The number of children determined to be a victim of each type of trafficking described in subparagraphs (A) and (B) of section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)). . 4. Report to the Congress Within 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a report that— (1) outlines the prevalence of the acts and practices that constitute severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000) and describes the specific type of trafficking described in such section to which children who are under the placement, care, or supervision of State, Indian tribe, or tribal organization child welfare agencies nationwide have been subjected; (2) includes the general trends and context of trafficking sustained by the children, including specific information on victims of sex trafficking (as described in section 103(9)(A) of such Act) and victims of labor trafficking (as described in section 103(9)(B) of such Act); (3) lists data specific to each State, Indian tribe, or tribal organization child welfare agency; (4) summarizes the practices and protocols utilized by State agencies to identify and serve child victims of trafficking (as defined in section 103(15) of such Act) as well as the extent to which these procedures exist within State agencies around the Nation; (5) proposes an ongoing method of supporting and monitoring the efforts of State, Indian tribe, and tribal organization child welfare agencies to serve children over whom the agency has responsibility for placement, care, or supervision and who are identified as being a victim of trafficking (as defined in section 103(15) of such Act); (6) evaluates the feasibility and appropriateness of collecting annual or semiannual data from child welfare agencies regarding the number of and services provided to child trafficking victims served by child welfare agencies; (7) evaluates the effects of the method proposed under paragraph (2) of this subsection on the agencies with responsibility for implementing the method; and (8) specifies any changes in law or regulation that will be necessary to implement the method proposed under such paragraph (2). 5. Effective date (a) In general Except as otherwise provided in this section, the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act. (b) Delay permitted if state legislation required In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

https://www.govinfo.gov/content/pkg/BILLS-113hr1732ih/xml/BILLS-113hr1732ih.xml

113-hr-1733

I 113th CONGRESS 1st Session H. R. 1733 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mrs. Blackburn (for herself, Mr. Matheson , Mr. Griffith of Virginia , Mr. Grimm , Mr. DesJarlais , Mrs. Black , and Mr. Bilirakis ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Public Health Service Act to limit the liability of health care professionals who volunteer to provide health care services in response to a disaster. 1. Short title This Act may be cited as the Good Samaritan Health Professionals Act of 2013 . 2. Limitation on liability for volunteer health care professionals (a) In general Title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. ) is amended by inserting after section 224 the following: 224A. Limitation on liability for volunteer health care professionals (a) Limitation on liability Except as provided in subsection (b), a health care professional shall not be liable under Federal or State law for any harm caused by an act or omission of the professional if— (1) the professional is serving as a volunteer for purposes of responding to a disaster; and (2) the act or omission occurs— (A) during the period of the disaster, as determined under the laws listed in subsection (e)(1); (B) in the health care professional’s capacity as such a volunteer; and (C) in a good faith belief that the individual being treated is in need of health care services. (b) Exceptions Subsection (a) does not apply if— (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or (2) the health care professional rendered the health care services under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or an intoxicating drug. (c) Standard of proof In any civil action or proceeding against a health care professional claiming that the limitation in subsection (a) applies, the plaintiff shall have the burden of proving by clear and convincing evidence the extent to which limitation does not apply. (d) Preemption (1) In general This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability. (2) Volunteer Protection Act Protections afforded by this section are in addition to those provided by the Volunteer Protection Act of 1997. (e) Definitions In this section: (1) The term disaster means— (A) a national emergency declared by the President under the National Emergencies Act; (B) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or (C) a public health emergency determined by the Secretary under section 319 of this Act. (2) The term harm includes physical, nonphysical, economic, and noneconomic losses. (3) The term health care professional means an individual who is licensed, certified, or authorized in one or more States to practice a health care profession. (4) The term State includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. (5) (A) The term volunteer means a health care professional who, with respect to the health care services rendered, does not receive— (i) compensation; or (ii) any other thing of value in lieu of compensation, in excess of $500 per year. (B) For purposes of subparagraph (A), the term compensation — (i) includes payment under any insurance policy or health plan, or under any Federal or State health benefits program; and (ii) excludes— (I) reasonable reimbursement or allowance for expenses actually incurred; (II) receipt of paid leave; and (III) receipt of items to be used exclusively for rendering the health services in the health care professional’s capacity as a volunteer described in subsection (a)(1). . (b) Effective date (1) In general This Act and the amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. (2) Application This Act applies to any claim for harm caused by an act or omission of a health care professional where the claim is filed on or after the effective date of this Act, but only if the harm that is the subject of the claim or the conduct that caused such harm occurred on or after such effective date.

https://www.govinfo.gov/content/pkg/BILLS-113hr1733ih/xml/BILLS-113hr1733ih.xml

113-hr-1734

I 113th CONGRESS 1st Session H. R. 1734 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Capuano (for himself, Mr. Cicilline , Mr. Connolly , Mr. Conyers , Mr. Cummings , Mrs. Davis of California , Mr. DeFazio , Ms. DeLauro , Ms. Edwards , Mr. Ellison , Ms. Eshoo , Mr. Farr , Mr. Grijalva , Mr. Larson of Connecticut , Mr. Lynch , Mrs. Carolyn B. Maloney of New York , Mr. Markey , Mr. McGovern , Mr. Michaud , Ms. Moore , Mr. Moran , Ms. Norton , Ms. Pingree of Maine , Ms. Shea-Porter , and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to require shareholder authorization before a public company may make certain political expenditures, and for other purposes. 1. Short title This Act may be cited as the Shareholder Protection Act of 2013 . 2. Findings Congress finds the following: (1) Corporations make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes. Decisions to use corporate funds for political contributions and expenditures are usually made by corporate boards and executives, rather than shareholders. (2) Corporations, acting through their boards and executives, are obligated to conduct business for the best interests of their owners, the shareholders. (3) Historically, shareholders have not had a way to know, or to influence, the political activities of corporations they own. Shareholders and the public have a right to know how corporations are spending their funds to make political contributions and expenditures benefitting candidates, political parties, and political causes. (4) Corporations should be accountable to their shareholders in making political contributions or expenditures affecting Federal governance and public policy. Requiring the express approval of a corporation’s shareholders prior to making political contributions or expenditures will establish necessary accountability. 3. Shareholder approval of corporate political activity The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 14B ( 15 U.S.C. 78n–2 ) the following: 14C. Shareholder approval of certain political expenditures and disclosure of votes of institutional investors (a) Definitions In this section— (1) the term expenditure for political activities — (A) means— (i) 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) ); (ii) 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 (iii) 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); and (B) does not include— (i) direct lobbying efforts through registered lobbyists employed or hired by the issuer; (ii) communications by an issuer to its shareholders and executive or administrative personnel and their families; or (iii) the establishment and administration of contributions to a separate segregated fund to be utilized for political purposes by a corporation; and (2) the term issuer does not include an investment company registered under section 8 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–8 ). (b) Shareholder authorization for political expenditures Each solicitation of proxy, consent, or authorization by an issuer with a class of equity securities registered under section 12 of this title shall— (1) contain— (A) a description of the specific nature of any expenditure for political activities proposed to be made by the issuer for the forthcoming fiscal year that has not been authorized by a vote of the shareholders of the issuer, to the extent the specific nature is known to the issuer; and (B) the total amount of expenditures for political activities proposed to be made by the issuer for the forthcoming fiscal year; and (2) provide for a separate vote of the shareholders of the issuer to authorize such expenditures for political activities in the total amount described in paragraph (1). (c) Vote required To make expenditures No issuer shall make an expenditure for political activities in any fiscal year unless such expenditure— (1) is of the nature of those proposed by the issuer in subsection (b)(1); and (2) has been authorized by a vote of the majority of the outstanding shares of the issuer in accordance with subsection (b)(2). (d) Fiduciary duty; liability (1) Fiduciary duty A violation of subsection (c) shall be considered a breach of a fiduciary duty of the officers and directors who authorized the expenditure for political activities. (2) Liability An officer or director of an issuer who authorizes an expenditure for political activities in violation of subsection (c) shall be jointly and severally liable in any action brought in a court of competent jurisdiction to any person or class of persons who held shares at the time the expenditure for political activities was made for an amount equal to 3 times the amount of the expenditure for political activities. (e) Disclosure of votes (1) Disclosure required Each institutional investment manager subject to section 13(f) shall disclose not less frequently than annually how it voted on any shareholder vote under subsection (a), unless the vote is otherwise required by rule of the Commission to be reported publicly. (2) Rules Not later than 6 months after the date of enactment of this section, the Commission shall issue rules to carry out this subsection that require that a disclosure required under paragraph (1)— (A) be made not later than 30 days after a vote described in paragraph (1); and (B) be made available to the public through the EDGAR system as soon as practicable. (f) Safe harbor for certain divestment decisions Notwithstanding any other provision of Federal or State law, if an institutional investment manager makes the disclosures required under subsection (e), no person may bring any civil, criminal, or administrative action against the institutional investment manager, or any employee, officer, or director thereof, based solely upon a decision of the investment manager to divest from, or not to invest in, securities of an issuer due to an expenditure for political activities made by the issuer. . 4. Required board vote on corporate expenditures for political activities The Securities Exchange Act of 1934 (15 U.S.C. 78 et seq.) is amended by adding after section 16 ( 15 U.S.C. 78p ) the following: 16A. Required board vote on corporate expenditures for political activities (a) Definitions In this section, the terms expenditure for political activities and issuer have the same meaning as in section 14C. (b) Listing on exchanges Not later than 180 days after the date of enactment of this section, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any class of equity security of an issuer that is not in compliance with the requirements of any portion of subsection (c). (c) Requirement for vote in corporate bylaws (1) Vote required The bylaws of an issuer shall expressly provide for a vote of the board of directors of the issuer on— (A) any expenditure for political activities in excess of $50,000; and (B) any expenditure for political activities that would result in the total amount spent by the issuer for a particular election (as such term is defined in section 301(1) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431(1) )) in excess of $50,000. (2) Public availability An issuer shall make the votes of each member of the board of directors for a vote required under paragraph (1) publicly available not later than 48 hours after the vote, including in a clear and conspicuous location on the Web site of the issuer. (d) No Effect on Determination of Coordination With Candidates or Campaigns For purposes of the Federal Election Campaign Act of 1971, an expenditure for political activities by an issuer shall not be treated as made in concert or cooperation with, or at the request or suggestion of, any candidate or committee solely because a member of the board of directors of the issuer voted on the expenditure as required under this section. . 5. Reporting requirements Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following: (s) Reporting requirements relating to certain political expenditures (1) Definitions In this subsection, the terms expenditure for political activities and issuer have the same meaning as in section 14C. (2) Quarterly reports (A) Reports required Not later than 180 days after the date of enactment of this subsection, the Commission shall amend the reporting rules under this section to require each issuer with a class of equity securities registered under section 12 of this title to submit to the Commission and the shareholders of the issuer a quarterly report containing— (i) a description of any expenditure for political activities made during the preceding quarter; (ii) the date of each expenditure for political activities; (iii) the amount of each expenditure for political activities; (iv) the votes of each member of the board of directors authorizing the expenditure for political activity, as required under section 16A(c); (v) if the expenditure for political activities was made in support of or opposed to a candidate, the name of the candidate and the office sought by, and the political party affiliation of, the candidate; and (vi) the name or identity of 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 which receive dues or other payments as described in section 14C(a)(1)(A)(iii). (B) Public availability The Commission shall ensure that, to the greatest extent practicable, the quarterly reports required under this paragraph are publicly available through the Web site of the Commission and through the EDGAR system in a manner that is searchable, sortable, and downloadable, consistent with the requirements under section 24. (3) Annual reports Not later than 180 days after the date of enactment of this subsection, the Commission shall, by rule, require each issuer to include in the annual report of the issuer to shareholders a summary of each expenditure for political activities made during the preceding year in excess of $10,000, and each expenditure for political activities for a particular election if the total amount of such expenditures for that election is in excess of $10,000. . 6. Reports (a) Securities and Exchange Commission The Securities and Exchange Commission shall— (1) conduct an annual assessment of the compliance of issuers and officers and members of the boards of directors of issuers with sections 14C, 16A, and 13(s) of the Securities Exchange Act, as added by this Act; and (2) submit to Congress an annual report of containing the results of the assessment under paragraph (1). (b) Government Accountability Office The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the oversight by the Securities and Exchange Commission of the reporting and disclosure requirements under sections 14C, 16A, and 13(s) of the Securities Exchange Act, as added by this Act. 7. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.

https://www.govinfo.gov/content/pkg/BILLS-113hr1734ih/xml/BILLS-113hr1734ih.xml

113-hr-1735

I 113th CONGRESS 1st Session H. R. 1735 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Cassidy introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 Patient Protection and Affordable Care Act to provide for participation in the Exchange of the President, Vice President, and Executive cabinet officials in same manner as Members of Congress and Congressional staff. 1. Short title This Act may be cited as the In It All Together Act . 2. Participation of President, Vice President, and Executive cabinet officials in the Exchange in same manner as Members of Congress and Congressional staff (a) In general Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended— (1) in the heading, by inserting ; application to President, Vice President, and Executive cabinet officials after in the Exchange ; and (b) by adding at the end the following new clause: (iii) Application to President, Vice President, and Executive Cabinet officials Clause (i) shall apply to the President, Vice President, and an individual occupying a position listed in section 5312 of title 5, United States Code, in the same manner as it applies to a Member of Congress. . (c) Effective date The amendments made by this section shall take effect as if included in enactment of the Patient Protection and Affordable Care Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1735ih/xml/BILLS-113hr1735ih.xml

113-hr-1736

I 113th CONGRESS 1st Session H. R. 1736 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mrs. Davis of California (for herself, Mr. Polis , Mr. Ben Ray Luján of New Mexico , Ms. Bordallo , and Ms. Roybal-Allard ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to recruit, prepare, and support principals through capacity-building measures that will improve student academic achievement in high-need schools. 1. Short title This Act may be cited as the School Principal Recruitment and Training Act of 2013 . 2. Purpose The purpose of this Act is to recruit, prepare, and support principals through capacity-building measures that will improve student academic achievement in high-need schools. 3. Program establishment and activities Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: 6 Principal Recruitment and Training 2161. Principal recruitment and training grant program (a) Definitions In this section: (1) Current principal The term current principal means an individual who, as of the date of the determination of participation in a program under this section, is employed as a principal or has been employed as a principal. (2) Eligible entity The term eligible entity means— (A) a local educational agency that serves an eligible school or a consortium of such agencies; (B) a State educational agency or a consortium of such agencies; (C) a State educational agency in partnership with one or more local educational agencies that serve an eligible school; or (D) an entity described in subparagraph (A) or (B), or in partnership with one or more nonprofit organizations or institutions of higher education. (3) Eligible school The term eligible school means a public school, including a public charter school, that meets one or more of the following criteria: (A) Is a high-need school. (B) Is a persistently low-achieving school, as described in section 1116. (C) Is an achievement gap school, as described in section 1116. (D) In the case of a public school containing middle grades, feeds into a public high school that has less than a 60-percent graduation rate. (E) Is a rural school served by a local educational agency that is eligible to receive assistance under part B of title VI. (4) Mentor principal The term mentor principal means an individual with the following characteristics: (A) Strong instructional leadership skills in an elementary school or secondary school setting. (B) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments. (C) Knowledge, skills, and attitudes to— (i) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (ii) create and maintain a learning culture within the school that provides a climate conducive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (iii) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship and internship; (iv) understand youth development appropriate to the age level served by the school and from this knowledge sets high expectations and standards for the academic, social, emotional and physical development of all students; and (v) actively engage the community to create shared responsibility for student academic performance and successful development. (5) Middle grades The term middle grades means any of grades 5 through 8. (6) School-level student outcomes The term school-level student outcomes means, at the whole school level and for each subgroup of students described in section 1111(a)(2)(B)(ix) served by the school— (A) student academic achievement and student growth; and (B) additional outcomes, including, at the high school level, graduation rates and the percentage of students taking college-level course­work. (b) Program authorized (1) Principal, recruitment and training grant program The Secretary shall award grants to eligible entities to enable such entities to recruit, prepare, place, and support principals in eligible schools. (2) Duration (A) In general (i) Not more than 5 year duration A grant awarded under this section shall be not more than 5 years in duration. (ii) Renewal The Secretary may— (I) renew a grant awarded under this section based on performance; and (II) in renewing a grant under subclause (I), award the grantee increased funding to scale up or replicate the grantee’s program. (B) Performance In evaluating performance for purposes of subparagraph (A)(ii)(1)— (i) the Secretary’s primary consideration shall be the extent to which the principals recruited, prepared, placed, or supported by the grantee have improved school-level student outcomes in eligible schools; and (ii) the Secretary shall also consider the percentage of program graduates— (I) who become principals in eligible schools; (II) who remain principals in eligible schools for multiple years; and (III) who are highly rated principals under a teacher and principal evaluation system, if applicable. (c) Application and selection criteria (1) Application An eligible entity that desires a grant under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Selection criteria In awarding grants under this section, the Secretary shall consider— (A) the extent to which the entity has the capacity to implement the activities described in subsection (e) that the entity proposes to implement; (B) the extent to which the entity has a demonstrated record of effectiveness or an evidenced-based plan for preparing principals to improve school-level student outcomes in eligible schools; (C) the extent to which the entity has a demonstrated record of effectiveness or an evidence-based plan for providing principals trained by the entity with the guidance, support, and tools they need to improve school-level student outcomes in eligible schools, including providing principals with resources, such as funding to ensure supports for quality teaching, and decisionmaking authority over areas such as personnel, budget, curriculum, or scheduling; and (D) the likelihood of the entity sustaining the project with funds other than funds provided under this section, which other funds may include funds provided under this title other than this section, once the grant is no longer available to the entity. (d) Awarding grants (1) Priority In awarding grants under this section, the Secretary shall, give priority to an eligible entity that has the ability to provide data on principal preparation or a record of preparing or developing principals who— (A) have improved school-level student outcomes; (B) have become principals in eligible schools; and (C) remain principals in eligible schools for multiple years. (2) Grants for rural schools and low-performing schools In awarding grants under this section, the Secretary shall, consistent with the quality of applications— (A) award not less than one grant to an eligible entity that intends to establish a program that focuses on training or supporting principals and other school leaders for rural schools; and (B) award not less than one grant to an eligible entity that intends to establish a program to train and support principals and other school leaders to lead reform efforts in a State or more than one State, as determined under section 1116. (3) Reform efforts An eligible entity that receives a grant under this section to carry out a program described in paragraph (2)(B)— (A) during the first year of the grant, shall use grant funds— (i) to bring together experts and stakeholders who are committed to dramatic and effective reform of persistently low-achieving schools who can provide input about what the evidence base shows regarding effective school leadership in such schools; (ii) to collect and develop, in consultation with experts and stakeholders, a core body of knowledge regarding effective school reform leadership in persistently low-achieving schools, which is evidence based; (iii) to develop, drawing on the core body of knowledge developed in clause (ii), a leadership training program for principals, mentors, and other school leaders, to prepare and support the principals, mentors, and leaders to lead effective school reform efforts in persistently low achieving schools; and (B) during each year of the grant after the first year, shall use grant funds— (i) to carry out the leadership training program described in subparagraph (A)(iii); (ii) to ensure that the leadership training program described in subparagraph (A)(iii) is informed, on an ongoing basis, by consultation with experts and stakeholders, and by the program’s tracking of the performance of its graduates in leading school reform efforts in persistently low-achieving schools; (iii) to select cohorts of experienced principals to lead school reform efforts in persistently low-achieving schools; (iv) to provide support for, and encourage interaction among, cohorts of principals after completion of the leadership training program described in subparagraph (A)(iii); and (v) to disseminate information to principals, mentors, and other school leaders engaging in reform efforts in persistently low-achieving schools. (e) Activities Each eligible entity that receives a grant under this section shall use grant funds to carry out the following: (1) To recruit and select, using rigorous, competency-based, selection criteria, and train and support a diverse group of aspiring or current principals, or both, for work in eligible schools. (2) Tracking participants to determine if such individuals are attaining, or have attained, the competencies needed to complete the training and enter into an effective leadership role, and provide counseling and, if appropriate, separation, to participants who the entity determines will not attain, or have not attained, those competencies. (3) If the eligible entity provides a program for aspiring principals— (A) candidates must demonstrate awareness of and have experience with the knowledge, skills and attitudes to— (i) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and personalize instruction for all students to result in improved student achievement; (ii) create and maintain a learning culture within the school that provides a climate conductive to the development of all members of the school community, including one of continuous learning for adults tied to student learning and other school goals; (iii) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship and internship; (iv) understand youth development appropriate to the age level served by the school and from this knowledge set high expectations and standards for the academic, social, emotional and physical development of all students; and (v) actively engage the community to create shared responsibility for student academic performance and successful development; a preservice residency that is not less than 1 year in length, and that includes coaching from a mentor principal, and instructional leadership and organizational management experience; and (B) the program shall provide aspiring principals with— (i) a preservice residency that is not less than 1 year in length, and that includes coaching from a mentor principal, and instructional leadership and organizational management experience; (ii) focused coursework on instructional leadership, organizational management, and the use of a variety of data for purposes of— (I) instruction; (II) evaluation and development of teachers; and (III) development of highly effective school organizations; and (iii) ongoing support, mentoring, and professional development for not less than 2 years after the aspiring principals complete the residency and commence work as assistant principals and principals. (4) To train mentors for principals and assistant principals who are serving or who wish to serve in eligible schools or for aspiring principals who wish to serve in such eligible schools, or for both. (5) Providing differentiated training to participants in competencies that evidence shows are critical to improving school-level student outcomes in eligible schools, such as— (A) recruiting, training, supervising, supporting, and evaluating teachers and other staff; (B) establishing learning communities where principals and teachers— (i) share a school mission and goals with an explicit vision of quality teaching and learning that guides all instructional decisions; (ii) commit to improving student outcomes and performances; (iii) set a continuous cycle of collective inquiry and improvement; (iv) foster a culture of collaboration where teachers and principals work together on a regular basis to analyze and improve teaching and learning; and (v) support and share leadership; (C) where applicable for participants serving elementary schools, offering high-quality early childhood education to the students such participants are serving and facilitating the transition of children from early learning settings to elementary school; (D) setting high expectations for student achievement that will prepare them for college and career; (E) addressing the unique needs of specific student populations served, such as students with disabilities, students who are English learners, and students who are homeless or in foster care; (F) managing budget resources and school time to support high-quality instruction and improvements in student achievement, such as by extending the school day and year and providing common planning time to teachers and staff; (G) working effectively with students’ parents and other members of the community; (H) using technology and multiple sources of data to personalize instruction; (I) monitoring and improving the alignment and effectiveness of curriculum, instruction, and assessment, using a variety of data providing evidence of student and school outcomes; and (J) developing and maintaining a positive school culture where students, teachers and other staff are motivated to collaborate and work together to achieve goals. (6) Delivering high-quality, differentiated, school-level support services and training to current principals of eligible schools, if the eligible entity provides a program for current principals, or during the period described in paragraph (3)(B)(iii) to individuals who have completed the aspiring principal residency, if the eligible entity provides a program for aspiring principals, to help meet the specific needs of the eligible schools they serve, which may include— (A) training and support for the design of school-wide improvement plans based on the diagnosis of school conditions and needs informed by data and analysis of classroom and school practices; and (B) support in organizing and training the teams described in paragraph (5)(B). (7) Making available any training materials funded under the grant, such as syllabi, assignments, or selection rubrics, to the department for public dissemination. (8) Tracking the effectiveness of the program based on, at a minimum— (A) school-level student outcomes at the schools where program graduates have served as principals; (B) the percentage of program graduates who become principals in eligible schools; (C) the percentage of program graduates who remain principals or assistant principals in eligible schools for multiple years; and (D) the percentage of program graduates who are highly rated under a teacher and principal evaluation system, if applicable. (9) Using the data on the effectiveness of the program for, among other purposes, the continuous improvement of the program. (f) Annual report An eligible entity that receives a grant under this section shall submit an annual report, beginning in the third year of the grant, to the Secretary regarding— (1) school-level student outcomes resulting from implementation of the grant activities; and (2) data on— (A) the percentage of program graduates who become principals or assistant principals in eligible schools; (B) the percentage of graduates who remain principals or assistant principals in eligible schools for multiple years; and (C) the percentage of program graduates who are highly rated under a teacher and principal evaluation system, if applicable. (g) Matching requirement (1) Matching requirement (A) In general An eligible entity that receives a grant under this section shall contribute annually to the activities assisted under such grant matching funds in an amount equal to not less than 20 percent of the amount of the grant from non-Federal sources. (B) Matching funds The matching funds requirement under subparagraph (A) may be met by— (i) contributions that are in cash or in-kind, fairly evaluated; and (ii) payments of a salary or stipend to an aspiring principal during the aspiring principal’s residency year. (2) Waiver The Secretary may waive or reduce the matching requirement under paragraph (1) if the eligible entity demonstrates a need for such waiver or reduction due to financial hardship. (h) Supplement, not supplant Grant funds provided under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds otherwise available to carry out the activities described in this section. (i) Evaluation and dissemination of best practices In accordance with section 9601, the Secretary shall— (1) carry out an evaluation of programs funded under this section; and (2) identify and disseminate research and best practices related to such programs. (j) Report to Congress Not later than 5 years after the date of the enactment of the School Principal Recruitment and Training Act of 2013 , the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Appropriations of the House of Representatives on lessons learned through programs funded with grants awarded under this section. (k) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2014 and each of the succeeding 5 years. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1736ih/xml/BILLS-113hr1736ih.xml

113-hr-1737

I 113th CONGRESS 1st Session H. R. 1737 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Ms. DeLauro (for herself, Mr. Kinzinger of Illinois , Mr. Ryan of Ohio , Mr. Michaud , Mr. Cicilline , Mr. Loebsack , Ms. Duckworth , Ms. Lee of California , and Mr. Rodney Davis of Illinois ) 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 manufacturing businesses to establish tax-free manufacturing reinvestment accounts to assist them in providing for new equipment and facilities and workforce training. 1. Short title This Act may be cited as the Manufacturing Reinvestment Account Act of 2013 . 2. Manufacturing reinvestment accounts (a) In general Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 199 the following new section: 199A. Manufacturing reinvestment accounts (a) Deduction allowed In the case of a taxpayer engaged in a manufacturing business, there shall be allowed as a deduction for the taxable year the amount paid in cash by the taxpayer during the taxable year to a manufacturing reinvestment account (hereinafter referred to as an MRA ) for the taxpayer’s benefit. (b) Limitation (1) In general The amount which a taxpayer may pay into an MRA for the taxable year shall not exceed the lesser of— (A) the domestic manufacturing gross receipts of the taxpayer for the taxable year, or (B) $500,000. (2) Controlled groups (A) In general For purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single manufacturer. (B) Inclusion of foreign corporations For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. (c) MRA For purposes of this section, the term MRA means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: (1) No contribution will be accepted for any taxable year unless it is in cash. (2) Contributions will not be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. (3) The trustee is an eligible institution. (4) No part of the trust assets will be invested in life insurance contracts. (5) No part of the trust assets will be invested in any collectible (as defined in section 408(m)). (6) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (d) Tax treatment of accounts (1) In general An MRA is exempt from taxation under this subtitle unless the account has ceased to be an MRA. Notwithstanding the preceding sentence, an MRA is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to MRAs, and any amount treated as distributed under such rules shall be treated as not used to pay qualified reinvestment expenses. (e) Treatment of distributions (1) In general Except as provided in paragraphs (3) and (4), there shall be includible in the gross income of the taxpayer for any taxable year— (A) any amount distributed from an MRA of the taxpayer during such taxable year, and (B) any deemed distribution under— (i) subsection (g)(1) (relating to deposits not distributed within 7 years), (ii) subsection (g)(2) (relating to cessation in manufacturing business), and (iii) subparagraph (A) or (B) of subsection (g)(3) (relating to prohibited transactions and pledging account as security). (2) Additional tax (A) In general The tax imposed by this chapter on the taxpayer for any taxable year in which there is a distribution from an MRA shall be increased by 10 percent of the amount of such distribution which is includible in gross income. (B) Exception Subparagraph (A) shall not apply to distributions during the taxable year to the extent necessary, under regulations prescribed by the Secretary, to avoid bankruptcy. (3) Reduced inclusion for amounts reinvested Only 43 percent of the aggregate amount distributed from an MRA during the taxable year shall be includible in income under paragraph (1)(A) to the extent that such aggregate amount does not exceed the aggregate amount of qualified reinvestment expenses paid or incurred by the taxpayer during such year. (4) Distribution of excess contributions Paragraph (1) shall not apply to the distribution of any contribution paid during a taxable year to an MRA to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. (f) Definitions For purposes of this section— (1) Manufacturing business The term manufacturing business means any trade or business having domestic manufacturing gross receipts. (2) Domestic manufacturing gross receipts The term domestic manufacturing gross receipts means gross receipts of the taxpayer which are derived from any lease, rental, license, sale, exchange, or other disposition of tangible personal property which was manufactured by the taxpayer in whole or in significant part within the United States. Rules similar to the rules of section 199 shall apply in determining the gross receipts of the taxpayer for purposes of the preceding sentence. (3) Qualified reinvestment expenses The term qualified reinvestment expenses means— (A) expenses for property to be used by the taxpayer in a manufacturing business, and (B) expenses for job training and workforce development for employees of the taxpayer. (4) Eligible institution (A) In general The term eligible institution means— (i) any insured depository institution, which— (I) is not controlled by a bank holding company or savings and loan holding company that is also an eligible institution, (II) has total assets of equal to or less than $25,000,000,000, as reported in the call report as of the end of the fourth quarter of calendar year 2012, and (III) is not directly or indirectly controlled by any company or other entity that has total consolidated assets of more than $25,000,000,000, as so reported; (ii) any bank holding company which has total consolidated assets of equal to or less than $25,000,000,000; (iii) any savings and loan holding company which has total consolidated assets of equal to or less than $25,000,000,000; (iv) any community development financial institution loan fund which has total assets of equal to or less than $25,000,000,000; and (v) any small business lending company that has total assets of equal to or less than $25,000,000,000. (B) Insured depository institution The term insured depository institution has the meaning given such term under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)). (C) Bank holding company The term bank holding company has the meaning given such term under section 2(a)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(2)(a)(1)). (D) Call report The term call report means— (i) reports of Condition and Income submitted to the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation; (ii) the Office of Thrift Supervision Thrift Financial Report; (iii) any report that is designated by the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the Office of Thrift Supervision, as applicable, as a successor to any report referred to in clause (i) or (ii); (iv) standard reports of Condition and Income submitted by Community Development Financial Institution loan funds to the Community Development Financial Institutions Fund; and (v) with respect to an eligible institution for which no report exists that is described under clause (i), (ii), or (iii), such other report or set of information as the Secretary, in consultation with the Administrator of the Small Business Administration, may prescribe. (g) Special rules (1) Tax on deposits in account which are not distributed within 7 years (A) In general If, at the close of any taxable year, there is a nonqualified balance in any MRA— (i) there shall be deemed distributed from the MRA during such taxable year an amount equal to such balance, and (ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. (B) Nonqualified balance For purposes of subparagraph (A), the term nonqualified balance means any balance in the MRA on the last day of the taxable year which is attributable to amounts deposited in such account before the 6th preceding taxable year. (C) Ordering rule For purposes of this paragraph, distributions from an MRA shall be treated as made from deposits (and income thereon) in the order in which such deposits were made, beginning with the earliest deposits. (2) Cessation of manufacturing business If the taxpayer ceases to be engaged in a manufacturing business, there shall be deemed distributed from the MRA of the taxpayer at the close of the first taxable year beginning after such cessation an amount equal to the balance in the MRA (if any) at such close. (3) Certain rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 408(e)(2) (relating to loss of exemption of account where taxpayer engages in prohibited transaction). (B) Section 408(e)(4) (relating to effect of pledging account as security). (C) Section 408(h) (relating to custodial accounts). (4) Time when payments deemed made For purposes of this section, a taxpayer shall be deemed to have made a payment to an MRA on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. (5) Deduction not allowed for self-employment tax The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. (h) Reports The trustee of an MRA shall make such reports regarding such account to the Secretary and to the person for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations. (i) Termination No deduction shall be allowed under this section for any taxable year beginning more than 10 years after the date of the enactment of this section. . (b) Tax on excess contributions (1) In general Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking or at the end of paragraph (4), by adding or at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: (6) an MRA (within the meaning of section 199A(c)), . (2) Excess contribution defined Section 4973 of such Code is amended by adding at the end the following new subsection: (h) Excess contributions to MRAs For purposes of this section, in the case of MRAs (within the meaning of section 199A(c)), the term excess contributions means the amount by which the amount contributed for the taxable year to the MRAs of the taxpayer exceeds the amount which may be contributed to such MRAs under section 199A(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of an MRA in a distribution to which section 199A(e)(3) applies shall be treated as an amount not contributed. . (c) Tax on prohibited transactions (1) In general Paragraph (1) of section 4975(e) of such Code is amended by striking or at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following: (F) an MRA described in section 199A(c), or . (2) Special rule Subsection (c) of section 4975 of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following: (7) Special rule for manufacturing reinvestment accounts A person for whose benefit an MRA (within the meaning of section 199A(c)) 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 an MRA by reason of the application of section 199A(g)(3)(A) to such account. . (d) Failure To provide reports on MRAs Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (A) through (E) as subparagraphs (B) and (F), respectively, and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: (A) section 199A(h) (relating to manufacturing reinvestment accounts), . (e) Clerical amendment The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 199 the following new item: Sec. 199A. Manufacturing reinvestment accounts. . (f) 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-113hr1737ih/xml/BILLS-113hr1737ih.xml

113-hr-1738

I 113th CONGRESS 1st Session H. R. 1738 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Doggett (for himself, Mr. Danny K. Davis of Illinois , Mr. Becerra , Mr. Blumenauer , Mr. Crowley , Mr. Kind , Mr. Larson of Connecticut , Mr. Carson of Indiana , Mr. Lewis , Mr. McDermott , Mr. Pascrell , Mr. Rangel , Ms. Linda T. Sánchez of California , Ms. Schwartz , Mr. Levin , Mr. Van Hollen , Mr. Hinojosa , Mr. Andrews , Mrs. Capps , Mr. Cárdenas , Ms. Castor of Florida , Mrs. Christensen , Mr. Cicilline , Mr. Cohen , Mr. Cuellar , Mr. Cummings , Ms. Fudge , Mr. Gallego , Mr. Garamendi , Mr. Al Green of Texas , Mr. Gene Green of Texas , Mr. Hastings of Florida , Mr. Holt , Mr. Honda , Ms. Eddie Bernice Johnson of Texas , Ms. Lee of California , Mr. Loebsack , Ms. Matsui , Ms. McCollum , Ms. Moore , Mr. Pastor of Arizona , Mr. Ryan of Ohio , Ms. Schakowsky , Ms. Shea-Porter , Mr. Sherman , Mr. Sires , Ms. Speier , Mr. Thompson of Mississippi , Mr. Vela , Mr. Welch , Mr. Yarmuth , Mr. Pocan , Ms. Jackson Lee , Mrs. Negrete McLeod , Mr. Vargas , Mr. Tonko , Mr. DeFazio , Mr. Grijalva , Ms. Edwards , Ms. Wilson of Florida , Ms. Titus , Mrs. Davis of California , Mr. Nadler , Mr. Rush , Ms. Bass , Mr. Butterfield , Mr. Capuano , Mr. Cleaver , Mr. Doyle , Mr. Fattah , Mr. Deutch , Mr. Kildee , and Mr. Price of North Carolina ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend and modify the American Opportunity Tax Credit, and for other purposes. 1. Short title This Act may be cited as the American Opportunity Tax Credit Act of 2013 . 2. Extension and modification of American Opportunity Tax Credit (a) In general Section 25A of the Internal Revenue Code of 1986 is amended to read as follows: 25A. American Opportunity Tax Credit (a) Allowance of credit In the case of an individual who is an eligible student for any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b) with respect to such individual. (b) Amount of credit (1) Student enrolled at least ½ time In the case of an eligible student who is carrying at least ½ the normal full-time workload for the course of study the student is pursuing, the amount determined under this subsection with respect to such individual is the sum of— (A) 100 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $2,000, plus (B) 25 percent of such expenses so paid as exceeds $2,000 but does not exceed $4,000. (2) Other students In the case of an eligible student not described in paragraph (1), the amount determined under this subsection with respect to such individual is 25 percent of so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished to the eligible student during any academic period beginning in such taxable year) as does not exceed $10,000. (c) Limitation based on modified adjusted gross income (1) In general The amount which would (but for this paragraph) be taken into account under this section for the taxable year shall be reduced (but not below zero) by the amount determined under paragraph (2). (2) Amount of reduction The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as— (A) the excess of— (i) the taxpayer's modified adjusted gross income for such taxable year, over (ii) $80,000 ($160,000 in the case of a joint return), bears to (B) $10,000 ($20,000 in the case of a joint return). (3) Modified adjusted gross income For purposes of this paragraph, the term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. (d) Other limitations and special rules For purposes of this section: (1) Lifetime dollar limitation In the case of qualified tuition and related expenses with respect to any eligible student, the aggregate amount of the credits allowed in the taxable year and any prior taxable year for such eligible student (whether beginning before or after American Opportunity Tax Credit Act of 2013 ) shall not exceed $15,000, determined without regard to whether— (A) such credits are claimed on the return of tax filed by the eligible student or by another taxpayer, or (B) such expenses are treated as paid by the eligible student or by another taxpayer. If, in any taxable year, the aggregate amount of such credits equals or exceeds $15,000, the amount allowed as a credit under subsection (a) in any subsequent taxable year with respect to such student shall be zero. (2) Identification requirement No credit shall be allowed under this section to a taxpayer with respect to the qualified tuition and related expenses of an eligible student unless the taxpayer includes the name and taxpayer identification number of such eligible student on the return of tax for the taxable year. (3) Adjustment for certain scholarships, etc (A) In general The amount of qualified tuition and related expenses otherwise taken into account under this section with respect to an individual for an academic period shall be reduced (before the application of subsections (b) and (c)) by the sum of any amounts paid for the benefit of such individual which are allocable to such period as— (i) a qualified scholarship which is excludable from gross income under section 117, (ii) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or under chapter 1606 of title 10, United States Code, and (iii) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for such individual's educational expenses, or attributable to such individual's enrollment at an eligible educational institution, which is excludable from gross income under any law of the United States. (B) Coordination with Pell Grants not used for qualified tuition and related expenses Any amount determined with respect to an individual under subparagraph (A) which is attributable to a Federal Pell Grant under section 401 of the Higher Education Act of 1965 shall be reduced (but not below zero) by the amount of the expenses (other than qualified tuition and related expenses) which are taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of the American Opportunity Tax Credit Act of 2013 ) of such individual at an eligible educational institution for the academic period for which the credit under this section is being determined. (4) Treatment of expenses paid by dependent If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins— (A) no credit shall be allowed under this section to such individual for such individual's taxable year, and (B) qualified tuition and related expenses paid by such individual during such individual's taxable year shall be treated for purposes of this section as paid by such other taxpayer. (5) Treatment of certain prepayments If qualified tuition and related expenses are paid by the taxpayer during a taxable year for an academic period which begins during the first 3 months following such taxable year, such academic period shall be treated for purposes of this section as beginning during such taxable year. (6) Denial of double benefit No credit shall be allowed under this section for any expense for which a deduction is allowed under any other provision of this chapter. (7) No credit for married individuals filing separate returns If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. (8) Nonresident aliens If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. (e) Election not To have Section apply A taxpayer may elect not to have this section apply with respect to the qualified tuition and related expenses of an individual for any taxable year. (f) Definitions For purposes of this section: (1) Eligible student The term eligible student means, with respect to any taxable year, an individual who— (A) is enrolled for at least one academic period which begins during such taxable year at an eligible educational institution, and (B) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965, as in effect on the date of the enactment of the American Opportunity Tax Credit Act of 2013 . (2) Qualified tuition and related expenses (A) In general The term qualified tuition and related expenses means tuition, fees, and course materials required for the enrollment or attendance of— (i) the taxpayer, (ii) the taxpayer's spouse, or (iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, at an eligible educational institution for courses of instruction of such individual at such institution. (B) Exception for education involving sports, etc Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the individual’s degree program. (C) Exception for nonacademic fees Such term does not include student activity fees, athletic fees, insurance expenses, or other expenses unrelated to an individual’s academic course of instruction. (3) Eligible educational institution The term eligible educational institution means an institution— (A) which is described in section 481 of the Higher Education Act of 1965, as in effect on the date of the enactment of the American Opportunity Tax Credit Act of 2013 , and (B) which is eligible to participate in a program under title IV of such Act. (g) Portion of credit refundable Forty percent of the credit allowed under this section for a taxable year (determined after application of subsections (c)(1) and (d) and without regard to this subsection and section 26(a)(2), as the case may be) shall be treated as a credit allowable under subpart C (and not allowed under this section). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year. (h) Inflation Adjustment In the case of any taxable year beginning in a calendar year after 2014, each dollar amount in subsections (b) and (c)(2), and (d)(1) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. In the case of subsections (b) and (d)(1), any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. In the case of subsection (c)(2), any increase determined under the preceding sentence shall be rounded to the nearest multiple of $500. (i) Regulations The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations providing for a recapture of the credit allowed under this section in cases where there is a refund in a subsequent taxable year of any amount which was taken into account in determining the amount of such credit. . (b) Retention of limitation (1) In general Subparagraph (D) of section 25A(b)(2) of the Internal Revenue Code of 1986, as in effect before the enactment of the American Opportunity Tax Credit Act of 2013 hereby transferred to section 25A of such Code, as amended by subsection (a), and is inserted as a new subsection (d)(9) of section 25A, as so amended. (2) Conforming amendment Paragraph (9) of section 25A(d) of such Code, as transferred and inserted by paragraph (1), is amended by striking The Hope Scholarship Credit under subsection (a)(1) and inserting The credit under subsection (a) . (c) Clerical amendment The item relating to section 25A in the table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended to read as follows: Sec. 25A. American Opportunity Tax Credit. . (d) Conforming amendments (1) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking 25A(g)(2) and inserting 25A(d)(3) . (2) Paragraph (2) of section 221(d) of such Code is amended— (A) by striking 25A(g)(2) in subparagraph (B) and inserting 25A(d)(3) , and (B) by striking 25A(f)(2) and inserting 25A(f)(3) . (3) Paragraph (3) of section 221(d) of such Code is amended by striking 25A(b)(3) and inserting 25A(f)(1) (but only with respect to a student who is carrying at least ½ the normal full-time workload for the course of study the student is pursuing) . (4) Clause (v) of section 529(c)(3)(B) of such Code is amended— (A) by striking 25A(g)(2) in subclause (I) and inserting 25A(d)(3) , and (B) by striking Hope and Lifetime Learning credits in the heading and inserting American Opportunity Credit . (5) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking 25A(b)(3) and inserting 25A(f)(1) (but only with respect to a student who is carrying at least ½ the normal full-time workload for the course of study the student is pursuing) . (6) Subparagraph (C) of section 530(d)(2) of such Code is amended— (A) by striking 25A(g)(2) in clause (i)(I) and inserting 25A(d)(3) , and (B) by striking Hope and Lifetime Learning credits in the heading and inserting American Opportunity Credit . (7) Clause (iii) of section 530(d)(4)(B) of such Code is amended by striking 25A(g)(2) and inserting 25A(d)(3) . (8) Section 1400O of such Code is amended— (A) by striking 25A(f)(2) and inserting 25A(f)(3) , (B) by inserting (as in effect on the date of the enactment of this section) after 25A(b)(1) in paragraph (2), and (C) by inserting (as in effect on the date of the enactment of this section) after 25A(c)(1) in paragraph (3). (9) Subsection (e) of section 6050S of such Code is amended by striking subsection (g)(2) and inserting subsection (d)(3) . (10) Subparagraph (A) of section 6211(b)(4) of such Code is amended by striking subsection (i)(6) and inserting subsection (g) . (11) Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking 25A(g)(1) and inserting 25A(d)(2) . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Expansion of Pell Grant exclusion from gross income (a) In general Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 is amended by striking received by an individual and all that follows and inserting “received by an individual— (1) as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses, or (2) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (as in effect on the date of the enactment of the American Opportunity Tax Credit Act of 2013 ). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1738ih/xml/BILLS-113hr1738ih.xml

113-hr-1739

I 113th CONGRESS 1st Session H. R. 1739 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Enyart (for himself and Mr. Israel ) 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 pay provisional benefits for certain nonadjudicated claims, and for other purposes. 1. Short title This Act may be cited as the Veterans Backlog Reduction Act . 2. Provisional payment of certain nonadjudicated claims for benefits under the laws administered by the Secretary of Veterans Affairs (a) Authority To make payments (1) In general Subchapter III of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: 5127. Payment of provisional benefits for certain nonadjudicated claims (a) In general In the case of any claim for disability compensation under chapter 11 of this title that is not adjudicated before the date that is 125 days after the date of the submittal of the claim, the Secretary shall pay to the claimant provisional benefits under this section for the period beginning on the date that is 125 days after the date of the submittal of the claim and ending on the date on which a final decision is made with respect to the claim. (b) Amount of benefits The amount of the provisional benefits payable to a claimant under this section is an amount equal to the lesser of the following: (1) The average amount payable to a person who receives payments of compensation for the type of disability for which the claimant submitted the claim. (2) The amount payable to a person who receives payments of compensation for a disability rated at 40 percent under the schedule for rating disabilities under section 1155 of this title. (c) Adjudication (1) Upon the adjudication of a claim for which the claimant receives payments of provisional benefits under this section, the Secretary shall reduce the amount owed to the claimant for the period between the effective date of the award of the benefits and the date of the adjudication of the claim by the amount of provisional benefits paid to the claimant under this section. (2) If, upon the adjudication of such a claim, the claim is denied or the monthly amount of the disability compensation benefits awarded to the claimant is less than the monthly amount of provisional benefits paid to the claimant under this section, there shall be no recovery of the overpayments unless the Secretary determines that there exists in connection with the claim an indication of fraud, misrepresentation, or bad faith on the part of the claimant. . (2) 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: 5127. Payment of provisional benefits for certain nonadjudicated claims. . (b) Effective date Section 5127 of title 38, United States Code, as added by subsection (a), shall apply with respect to a new claim for benefits submitted after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1739ih/xml/BILLS-113hr1739ih.xml

113-hr-1740

I 113th CONGRESS 1st Session H. R. 1740 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Forbes (for himself and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To intensify stem cell research showing evidence of substantial clinical benefit to patients, and for other purposes. 1. Short title This Act may be cited as the Patients First Act of 2013 . 2. Purposes It is the purpose of this Act to— (1) intensify research that may result in improved understanding of or treatments for diseases and other adverse health conditions; (2) promote research and human clinical trials using stem cells that are ethically obtained and show evidence of providing clinical benefit for human patients; and (3) promote the derivation of pluripotent stem cell lines without the creation of human embryos for research purposes and without the destruction or discarding of, or risk of injury to, a human embryo. 3. Human stem cell research and therapy (a) Authorization Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by inserting after section 409I the following: 409K. Human stem cell research and therapy (a) In general The Secretary shall conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of or treatments for diseases and other adverse health conditions, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not such pluripotent stem cells have an embryonic source), prioritizing research with the greatest potential for near-term clinical benefit in human patients, provided that such isolation, derivation, production, testing, or use will not involve— (1) the creation of a human embryo for research purposes; (2) the destruction of or discarding of, or risk of injury to, a living human embryo; or (3) the use of any stem cell, the derivation or provision of which would be inconsistent with the standards established in paragraph (1) or (2). (b) Guidelines Not later than 90 days after the date of the enactment of this section, the Secretary, after consultation with the Director of NIH, shall issue final guidelines implementing subsection (a) to ensure that any research (including any clinical trial) supported under subsection (a)— (1) is clearly consistent with the standards established in subsection (a) if conducted using human cells, as demonstrated by animal trials or other substantial evidence; and (2) is prioritized in terms of potential for near-term clinical benefit in human patients, as indicated by substantial evidence from basic research or by substantial clinical evidence which may include but is not limited to— (A) evidence of improvement in one or more human patients suffering from illness or injury, as documented in reports by professional medical or scientific associations or in peer-reviewed medical or scientific literature; or (B) approval for use in human trials by the Food and Drug Administration. (c) Definitions In this section: (1) Human embryo The term human embryo includes any organism, not protected as a human subject under part 46 of title 45, Code of Federal Regulations, as of the date of the enactment of this section, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. (2) Risk of injury The term risk of injury means subjecting a human embryo to risk of injury or death greater than that allowed for research on fetuses in utero under section 46.204(b) of title 45, Code of Federal Regulations (or any successor regulation), or section 498(b) of this Act. . (b) Priority setting; reports Section 492 of the Public Health Service Act (42 U.S.C. 289a) is amended by adding at the end the following: (d) (1) With respect to human stem cell research, the Secretary, acting through the Director of NIH, shall give priority to conducting or supporting research in accordance with section 409K. (2) At the end of fiscal year 2014 and each subsequent fiscal year, the Secretary shall submit to the Congress a report outlining the number of research proposals under section 409K that were peer reviewed, a summary and detailed list of all such research proposals that were not funded, and an explanation of why the proposals did not merit funding. The reports under this paragraph shall be in addition to the reporting on stem cell research included in the biennial report required by section 403. . (c) Biennial reports Section 403(a)(5) of the Public Health Service Act (42 U.S.C. 283(a)(5)) is amended— (1) by redesignating subparagraph (L) as subparagraph (M); and (2) by inserting after subparagraph (K) the following: (L) Stem cells. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1740ih/xml/BILLS-113hr1740ih.xml

113-hr-1741

I 113th CONGRESS 1st Session H. R. 1741 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Goodlatte (for himself and Mr. David Scott of Georgia ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To establish a dairy producer margin insurance program for the purpose of protecting dairy producer income by paying participating dairy producers margin insurance payments when actual dairy producer margins are less than a threshold level, and for other purposes. 1. Short title This Act may be cited as the Dairy Freedom Act . 2. Dairy producer margin insurance program Subtitle E of title I of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8771 et seq. ) is amended by adding at the end the following new section: 1511. Dairy producer margin insurance program (a) Definitions In this section: (1) Actual dairy producer margin The term actual dairy producer margin means the difference between the all-milk price and the average feed cost, as calculated under subsection (b)(2). (2) All-milk price The term all-milk price means the average price received, per hundredweight of milk, by dairy producers for all milk sold to plants and dealers in the United States, as reported by the National Agricultural Statistics Service. (3) Average feed cost The term average feed cost means the average cost of feed used by a dairy operation to produce a hundredweight of milk, determined under subsection (b)(1) using the sum of the following: (A) The product determined by multiplying— (i) 1.0728; by (ii) the price of corn per bushel. (B) The product determined by multiplying— (i) 0.00735; by (ii) the price of soybean meal per ton. (C) The product determined by multiplying— (i) 0.0137; by (ii) the price of alfalfa hay per ton. (4) Consecutive 2-month period The term consecutive 2-month period refers to the 2-month period consisting of the months of January and February, March and April, May and June, July and August, September and October, or November and December, respectively. (5) Dairy producer The term dairy producer means an individual or entity that directly or indirectly (as determined by the Secretary)— (A) shares in the risk of producing milk; and (B) makes contributions (including land, labor, management, equipment, or capital) to the dairy operation of the individual or entity that are at least commensurate with the share of the individual or entity of the proceeds of the operation. (6) Margin insurance program The term margin insurance program means the dairy producer margin insurance program required by this section. (7) Participating dairy producer The term participating dairy producer means a dairy producer that registers under subsection (d)(2) to participate in the margin insurance program. (8) Production history The term production history means the quantity of annual milk marketings determined for a dairy producer under subsection (e)(1). (9) United States The term United States , in a geographical sense, means the 50 States. (b) Calculation of average feed cost and actual dairy producer margins (1) Calculation of average feed cost The Secretary shall calculate the national average feed cost for each month using the following data: (A) The price of corn for a month shall be the price received during that month by agricultural producers in the United States for corn, as reported in the monthly Agriculture Prices report by the Secretary. (B) The price of soybean meal for a month shall be the central Illinois price for soybean meal, as reported in the Market News—Monthly Soybean Meal Price Report by the Secretary. (C) The price of alfalfa hay for a month shall be the price received during that month by agricultural producers in the United States for alfalfa hay, as reported in the monthly Agriculture Prices report by the Secretary. (2) Calculation of actual dairy producer margins The Secretary shall calculate the actual dairy producer margin for each consecutive 2-month period by subtracting— (A) the average feed cost for that consecutive 2-month period, determined in accordance with paragraph (1); from (B) the all-milk price for that consecutive 2-month period. (c) Establishment of dairy producer margin insurance program The Secretary shall establish and administer a dairy producer margin insurance program for the purpose of protecting dairy producer income by paying participating dairy producers margin insurance payments when actual dairy producer margins are less than the threshold levels for the payments. (d) Eligibility and registration of dairy producers for margin insurance program (1) Eligibility All dairy producers in the United States shall be eligible to participate in the margin insurance program. (2) Registration process (A) Registration (i) In general The Secretary shall register all interested dairy producers in the margin insurance program. (ii) Manner and form The Secretary shall specify the manner and form by which a dairy producer shall register for the margin insurance program. (B) Treatment of multi-producer operations If a dairy operation consists of more than 1 dairy producer, all of the dairy producers of the operation shall be treated as a single dairy producer for purposes of— (i) purchasing margin insurance; and (ii) payment of producer premiums under subsection (f)(4). (C) Treatment of producers with multiple dairy operations If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall require a separate registration to participate and purchase margin insurance. (3) Time for registration (A) Existing dairy producers During the 1-year period beginning on the date of enactment of this section, a dairy producer that is actively engaged in a dairy operation as of that date may register with the Secretary to participate in the margin insurance program. (B) New Entrants A dairy producer that has no existing interest in a dairy operation as of the date of enactment of this section, but that, after that date, establishes a new dairy operation, may register with the Secretary during the 180-day period beginning on the date on which the dairy operation first markets milk commercially to participate in the margin insurance program. (4) Retroactivity (A) Notice of availability of retroactive protection Not later than 30 days after the effective date of this section, the Secretary shall publish a notice in the Federal Register to inform dairy producers of the availability of retroactive margin insurance, subject to the condition that interested producers must file a notice of intent (in such form and manner as the Secretary specifies in the Federal Register notice) to participate in the margin insurance program. (B) Retroactive margin insurance (i) Availability If a dairy producer files a notice of intent under subparagraph (A) to participate in the margin insurance program before the initiation of the sign-up period for the margin insurance program and subsequently signs up for the margin insurance program, the producer shall receive margin insurance retroactive to the effective date of this section. (ii) Duration Retroactive margin insurance under this paragraph for a dairy producer shall apply from the effective date of this section until the date on which the producer signs up for the margin insurance program. (C) Notice of intent and obligation to participate In no way does filing a notice of intent under this paragraph obligate a dairy producer to sign up for the margin insurance program once the program rules are final, but if a producer does file a notice of intent and subsequently signs up for the margin insurance program, that dairy producer is obligated to pay premiums for any retroactive margin insurance selected in the notice of intent. (5) Reconstitution The Secretary shall ensure that a dairy producer does not reconstitute a dairy operation for the sole purpose of purchasing margin insurance. (e) Production history of participating dairy producers (1) Determination of production history (A) In general The Secretary shall determine the production history of the dairy operation of each participating dairy producer in the margin insurance program. (B) Calculation Except as provided in subparagraph (C), the production history of a participating dairy producer shall be equal to the highest annual milk marketings of the dairy producer during any 1 of the 3 calendar years immediately preceding the registration of the dairy producer for participation in the margin insurance program. (C) New producers If a dairy producer has been in operation for less than 1 year, the Secretary shall determine the production history of the dairy producer by extrapolating the actual milk marketings for the months that the dairy producer has been in operation to a yearly amount. (2) Required information A participating dairy producer shall provide all information that the Secretary may require in order to establish the production history of the dairy operation of the dairy producer. (3) Transfer of production history (A) Transfer by sale (i) Request for transfer If an existing dairy producer sells an entire dairy operation to another party, the seller and purchaser may jointly request that the Secretary transfer to the purchaser the interest of the seller in the production history of the dairy operation. (ii) Transfer If the Secretary determines that the seller has sold the entire dairy operation to the purchaser, the Secretary shall approve the transfer and, thereafter, the seller shall have no interest in the production history of the sold dairy operation. (B) Transfer by Lease (i) Request for transfer If an existing dairy producer leases an entire dairy operation to another party, the lessor and lessee may jointly request that the Secretary transfer to the lessee for the duration of the term of the lease the interest of the lessor in the production history of the dairy operation. (ii) Transfer If the Secretary determines that the lessor has leased the entire dairy operation to the lessee, the Secretary shall approve the transfer and, thereafter, the lessor shall have no interest for the duration of the term of the lease in the production history of the leased dairy operation. (C) Coverage level A purchaser or lessee to whom the Secretary transfers a production history under this paragraph may not obtain a different level of margin insurance coverage held by the seller or lessor from whom the transfer was obtained. (D) New entrants The Secretary may not transfer the production history determined for a dairy producer described in subsection (d)(3)(B) to another person. (4) Movement and transfer of production history (A) Movement and transfer authorized Subject to subparagraph (B), if a dairy producer moves from 1 location to another location, the dairy producer may maintain the production history associated with the operation. (B) Notification requirement A dairy producer shall notify the Secretary of any move of a dairy operation under subparagraph (A). (C) Subsequent occupation of vacated location A party subsequently occupying a dairy operation location vacated as described in subparagraph (A) shall have no interest in the production history previously associated with the operation at that location. (f) Margin insurance (1) In general At the time of the registration of a dairy producer in the margin insurance program under subsection (d) and annually thereafter during the duration of the margin insurance program, an eligible dairy producer may purchase margin insurance. (2) Selection of payment threshold A participating dairy producer purchasing margin insurance shall elect a coverage level in any increment of $0.50, with a minimum of $4.00 and a maximum of $8.00. (3) Selection of coverage percentage A participating dairy producer purchasing margin insurance shall elect a percentage of coverage, equal to not more than 80 percent nor less than 25 percent, of the production history of the dairy operation of the participating dairy producer. (4) Producer Premiums (A) Premiums required A participating dairy producer that purchases margin insurance shall pay an annual premium equal to the product obtained by multiplying— (i) the percentage selected by the dairy producer under paragraph (3); (ii) the production history applicable to the dairy producer; and (iii) the premium per hundredweight of milk, as specified in the applicable table under paragraph (B) or (C). (B) Premium per hundredweight for first 4 million pounds of production For the first 4,000,000 pounds of milk marketings included in the annual production history of a participating dairy operation, the premium per hundredweight corresponding to each coverage level specified in the following table is as follows: Coverage Level Premium per Cwt. $4.00 $0.000 $4.50 $0.01  $5.00 $0.02  $5.50 $0.035 $6.00 $0.045 $6.50 $0.09  $7.00 $0.18  $7.50 $0.60  $8.00 $0.95.  (C) Premium per hundredweight for production in excess of 4 million pounds For milk marketings in excess of 4,000,000 pounds included in the annual production history of a participating dairy operation, the premium per hundredweight corresponding to each coverage level is as follows: Coverage Level Premium per Cwt. $4.00 $0.030 $4.50 $0.045 $5.00 $0.066 $5.50 $0.11  $6.00 $0.185 $6.50 $0.29  $7.00 $0.38  $7.50 $0.83  $8.00 $1.06.  (D) Time for payment (i) First year As soon as practicable after a dairy producer registers to participate in the margin insurance program and purchases margin insurance, the dairy producer shall pay the premium determined under subparagraph (A) for the dairy producer for the first calendar year of the margin insurance. (ii) Subsequent years (I) In general When the dairy producer first purchases margin insurance, the dairy producer shall also elect the method by which the dairy producer will pay premiums under this subsection for subsequent years in accordance with 1 of the schedules described in subclauses (II) and (III). (II) Single annual payment The participating dairy producer may elect to pay 100 percent of the annual premium determined under subparagraph (A) for the dairy producer for a calendar year by not later than January 15 of the calendar year. (III) Semi-annual payments The participating dairy producer may elect to pay— (aa) 50 percent of the annual premium determined under subparagraph (A) for the dairy producer for a calendar year by not later than January 15 of the calendar year; and (bb) the remaining 50 percent of the premium by not later than June 15 of the calendar year. (5) Producer premium obligations (A) Pro-ration of first year premium A participating dairy producer that purchases margin insurance after initial registration in the margin insurance program shall pay a pro-rated premium for the first calendar year based on the date on which the producer purchases the coverage. (B) Subsequent premiums Except as provided in subparagraph (A), the annual premium for a participating dairy producer shall be determined under paragraph (4) for each year in which the margin insurance program is in effect. (C) Legal obligation (i) In general Except as provided in clauses (ii) and (iii), a participating dairy producer that purchases margin insurance shall be legally obligated to pay the applicable premiums for the entire period of the margin insurance program (as provided in the payment schedule elected under paragraph (4)(B)), and may not opt out of the margin insurance program. (ii) Death If the dairy producer dies, the estate of the deceased may cancel the margin insurance and shall not be responsible for any further premium payments. (iii) Retirement If the dairy producer retires, the producer may request that Secretary cancel the margin insurance if the producer has terminated the dairy operation entirely and certifies under oath that the producer will not be actively engaged in any dairy operation for at least the next 7 years. (6) Payment threshold A participating dairy producer with margin insurance shall receive a margin insurance payment whenever the average actual dairy producer margin for a consecutive 2-month period is less than the coverage level threshold selected by the dairy producer under paragraph (2). (7) Margin insurance payments (A) In general The Secretary shall make a margin insurance protection payment to each participating dairy producer whenever the average actual dairy producer margin for a consecutive 2-month period is less than the coverage level threshold selected by the dairy producer under paragraph (2). (B) Amount of payment The margin insurance payment for the dairy operation of a participating dairy producer shall be determined as follows: (i) The Secretary shall calculate the difference between— (I) the coverage level threshold selected by the dairy producer under paragraph (2); and (II) the average actual dairy producer margin for the consecutive 2-month period. (ii) The amount determined under clause (i) shall be multiplied by— (I) the percentage selected by the dairy producer under paragraph (3); and (II) the lesser of— (aa) the quotient obtained by dividing— (AA) the production history applicable to the producer under subsection (e)(1); by (BB) 6; and (bb) the actual quantity of milk marketed by the dairy operation of the dairy producer during the consecutive 2-month period. (g) Effect of failure To pay premiums (1) Loss of benefits A participating dairy producer that is in arrears on premium payments for margin insurance— (A) remains legally obligated to pay the premiums; and (B) may not receive margin insurance until the premiums are fully paid. (2) Enforcement The Secretary may take such action as is necessary to collect premium payments for margin insurance. (h) Duration The Secretary shall conduct the margin insurance program during the period beginning on October 1, 2014, and ending on September 30, 2018. . 3. Repeal or reauthorization of other dairy-related provisions (a) Repeal of dairy product price support program Section 1501 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8771 ) is repealed. (b) Repeal of milk income loss contract program Section 1506 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773 ) is repealed. (c) Repeal dairy export incentive program Section 153 of the Food Security Act of 1985 ( 15 U.S.C. 713a–14 ) is repealed. (d) Conforming amendments Section 902(2) of the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201(2) ) is amended— (1) by striking subparagraph (D); and (2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (e) Effective date The repeals under subsections (a), (b), and (c) and the amendments made by subsection (d) shall take effect on October 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr1741ih/xml/BILLS-113hr1741ih.xml

113-hr-1742

I 113th CONGRESS 1st Session H. R. 1742 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Heck of Nevada (for himself, Mr. Webster of Florida , Mr. Gardner , Mr. Renacci , Mr. Kilmer , Mr. Bucshon , and Mr. Carney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To exclude from consideration as income under the United States Housing Act of 1937 payments of pension made under section 1521 of title 38, United States Code, to veterans who are in need of regular aid and attendance, and for other purposes. 1. Short title This Act may be cited as the Vulnerable Veterans Housing Reform Act of 2013 . 2. Exclusion from income Paragraph (4) of section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(4) ) is amended— (1) by striking and any amounts and inserting , any amounts ; (2) by striking or any deferred and inserting , any deferred ; and (3) by inserting after prospective monthly amounts the following: , and any expenses related to aid and attendance as detailed under section 1521 of title 38, United States Code . 3. Utility allowances and data Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) is amended— (1) in paragraph (2), by adding at the end the following new subparagraph: (D) Utility allowance (i) In general In determining the monthly assistance payment for a family under subparagraphs (A) and (B), the amount allowed for tenant-paid utilities shall not exceed the appropriate utility allowance for the family unit size as determined by the public housing agency regardless of the size of the dwelling unit leased by the family. (ii) Exception for certain families Notwithstanding subparagraph (A), upon request by a family that includes a person with disabilities, an elderly family, or a family that includes any person who is less than 18 years of age, the public housing agency shall approve a utility allowance that is higher than the applicable amount on the utility allowance schedule, except that in the case of a family that includes a person with disabilities, the agency shall approve such higher amount only if a higher utility allowance is needed as a reasonable accommodation to make the program accessible to and usable by the family member with a disability. ; and (2) by adding at the end the following new paragraph: (21) Utility data (A) Publication The Secretary shall, to the extent that data can be collected cost effectively, regularly publish such data regarding utility consumption and costs in local areas as the Secretary determines will be useful for the establishment of allowances for tenant-paid utilities for families assisted under this subsection. (B) Use of data The Secretary shall provide such data in a manner that— (i) avoids unnecessary administrative burdens for public housing agencies and owners; and (ii) protects families in various unit sizes and building types, and using various utilities, from high rent and utility cost burdens relative to income. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1742ih/xml/BILLS-113hr1742ih.xml

113-hr-1743

I 113th CONGRESS 1st Session H. R. 1743 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Holt (for himself, Mr. Grijalva , Ms. Castor of Florida , Ms. Slaughter , Mrs. Capps , Mr. Polis , and Mr. Markey ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Oil Pollution Act of 1990 to require responsible parties to pay the full cost of offshore oil spills, and for other purposes. 1. Short title This Act may be cited as the Big Oil Bailout Prevention Act of 2013 . 2. Removal of limits on liability for offshore facilities (a) In general Section 1004(a) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2704(a) ) is amended— (1) in paragraph (2), by inserting and after the semicolon; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (3). (b) Conforming amendments Section 1004(b)(2) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2704(b)(2) ) is amended by striking the second sentence.

https://www.govinfo.gov/content/pkg/BILLS-113hr1743ih/xml/BILLS-113hr1743ih.xml

113-hr-1744

I 113th CONGRESS 1st Session H. R. 1744 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Horsford introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the implementation of the multispecies habitat conservation plan for the Virgin River, Nevada, and Lincoln County, Nevada, to extend the authority to purchase certain parcels of public land, and for other purposes. 1. Short title This Act may be cited as the Multispecies Habitat Conservation Plan Implementation Act . 2. Implementation of multispecies habitat conservation plans (a) Virgin River, Nevada Section 3(d)(3)(B) of Public Law 99–548 (100 Stat. 3061, 116 Stat. 2018) is amended by inserting and implementation after development . (b) Lincoln County, Nevada Section 5(b)(1)(B) of the Lincoln County Land Act of 2000 ( Public Law 106–298 ; 114 Stat. 1048), is amended by inserting and implementation after development . 3. Extension of purchase authority and withdrawals Section 3 of Public Law 99–548 (100 Stat. 3061, 113 Stat. 1501A–166) is amended— (1) in subsection (e)— (A) in paragraph (1)(A), by striking For a period of 12 years after the date of the enactment of this Act and inserting Until November 29, 2021 ; (B) in paragraph (3), by striking Not later than 10 years after the date of the enactment of this subsection and inserting Not later than November 29, 2021 ; and (C) in paragraph (5), by striking the date that is 12 years after the date of the enactment of this subsection and inserting November 29, 2021 ; and (2) in subsection (f)(3), by striking the date that is 12 years after the date of the enactment of this subsection and inserting November 29, 2021 .

https://www.govinfo.gov/content/pkg/BILLS-113hr1744ih/xml/BILLS-113hr1744ih.xml

113-hr-1745

I 113th CONGRESS 1st Session H. R. 1745 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Israel (for himself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Aviation Administration to issue regulations regarding secondary cockpit barriers. 1. Findings Congress makes the following findings: (1) The safety and security of the civil air transportation system is critical to the United States security and its national defense. (2) A safe and secure United States civil air transportation system is essential to the basic freedom of Americans to move in intrastate, interstate, and international transportation. (3) Terrorists have previously used airline aircraft as weapons and exploited United States aviation security. (4) Reinforced cockpit doors that must be opened for physiological and operational needs present a clear vulnerability when the doors are open and this compromises the security and safety of the aircraft and its passengers. (5) Many all-cargo aircraft do not have a cockpit door installed for protection from passenger aggressors and stowaways. 2. Improved Flight Deck Integrity Measures (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue regulations— (1) requiring the installation of secondary barriers preventing access to the flight deck of any commercial aircraft operating under part 121 of title 14, Code of Federal Regulations; and (2) (A) for an aircraft that is equipped with a cockpit door, requiring that such secondary barriers remain locked while the aircraft is in flight and the cockpit door separating the flight deck and the passenger area is open; and (B) for an aircraft that is not equipped with a cockpit door, requiring that such secondary barriers remain locked as determined by the pilot in command. (b) Considerations In issuing regulations under this section, the Administrator shall take into account— (1) the most promising and cost effective of the available technologies relating to secondary barriers described in subsection (a); and (2) the cost and time schedule for deploying such barriers.

https://www.govinfo.gov/content/pkg/BILLS-113hr1745ih/xml/BILLS-113hr1745ih.xml

113-hr-1746

I 113th CONGRESS 1st Session H. R. 1746 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. King of Iowa introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the National Labor Relations Act to protect employer rights. 1. Short title This Act may be cited as the Truth in Employment Act of 2013 . 2. Findings and purposes (a) Findings Congress finds the following: (1) An atmosphere of trust and civility in labor-management relationships is essential to a productive workplace and a healthy economy. (2) The tactic of using professional union organizers and agents to infiltrate a targeted employer’s workplace, a practice commonly referred to as salting has evolved into an aggressive form of harassment not contemplated when the National Labor Relations Act was enacted and threatens the balance of rights which is fundamental to our system of collective bargaining. (3) Increasingly, union organizers are seeking employment with nonunion employers not because of a desire to work for such employers but primarily to organize the employees of such employers or to inflict economic harm specifically designed to put nonunion competitors out of business, or to do both. (4) While no employer may discriminate against employees based upon the views of employees concerning collective bargaining, an employer should have the right to expect job applicants to be primarily interested in utilizing the skills of the applicants to further the goals of the business of the employer. (b) Purposes The purposes of this Act are— (1) to preserve the balance of rights between employers, employees, and labor organizations which is fundamental to our system of collective bargaining; (2) to preserve the rights of workers to organize, or otherwise engage in concerted activities protected under the National Labor Relations Act; and (3) to alleviate pressure on employers to hire individuals who seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business. 3. Protection of employer rights Section 8(a) of the National Labor Relations Act ( 29 U.S.C. 158(a) ) is amended by adding after and below paragraph (5) the following: Nothing in this subsection shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1746ih/xml/BILLS-113hr1746ih.xml

113-hr-1747

I 113th CONGRESS 1st Session H. R. 1747 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Ms. Kuster introduced the following bill; which was referred to the Committee on Ways and Means A BILL To allow employers a credit against income tax as an incentive to partner with community colleges or other educational institutions to improve workforce development and job training for students. 1. Short title This Act may be cited as the Workforce Development Investment Act of 2013 . 2. Credit for employers which partner with community colleges or other educational institutions to improve workforce development and job training for students (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: 45S. Employers partnering with community colleges or other educational institutions to improve workforce development and job training for students (a) General rule For purposes of section 38, the employer partnering credit determined under this section for any taxable year is an amount equal to $2,000 for each community college or other institution of higher education engaged in a qualified partnership with the employer. (b) Maximum credit (1) In general The maximum credit determined under this section for the taxable year shall not exceed $10,000. (2) Controlled groups For purposes of paragraph (1), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single taxpayer. (c) Definitions For purposes of this section— (1) Community college The term community college means an institution of higher education that— (A) admits as a regular student an individual who is beyond the age of compulsory school attendance in the State in which the institution is located and who has the ability to benefit from the training offered by the institution, and (B) offers a 2-year program in engineering, mathematics, or the physical or biological sciences designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge. (2) Institution of higher education The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (3) Qualified partnership Not later than six months after the date of the enactment of this section, the Secretary of Education, in consultation with the Secretary of Labor, shall define the term qualified partnership . Such term shall include a partnership through which— (A) an employer collaborates with an educational institution to help develop curriculum in order to improve workforce development and job training for students, (B) an employer helps provide instruction to students in the classroom, and (C) an employer provides internships, apprenticeships, or other similar educational opportunities in the workplace for students. (d) Certain rules To Apply For purposes of this section, rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. . (b) Credit To be part of general business credit Section 38(b) of 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 employer partnering credit determined under section 45S. . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Employers partnering with community colleges or other educational institutions to improve workforce development and job training for students. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1747ih/xml/BILLS-113hr1747ih.xml

113-hr-1748

I 113th CONGRESS 1st Session H. R. 1748 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Larsen of Washington (for himself, Ms. Brown of Florida , Mr. Blumenauer , Ms. Lee of California , Ms. DeGette , Mr. Ellison , Mr. Grijalva , Mr. Honda , Mr. Farr , Ms. Chu , Mr. Smith of Washington , Mr. Becerra , Mr. Cohen , Ms. Norton , Mr. Lewis , Ms. Bordallo , Ms. Schwartz , Mr. Rush , Mr. Johnson of Georgia , Mr. Deutch , Ms. Moore , Ms. Speier , Mr. Lynch , Mr. Carson of Indiana , Mr. Rangel , Mr. Tonko , Mr. Clay , Mr. Butterfield , Mr. Cárdenas , Mr. Cummings , Ms. DelBene , Mr. Bishop of Georgia , Mr. McDermott , Ms. Wilson of Florida , and Mr. Serrano ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Help America Vote Act of 2002 to permit an individual who is subject to a requirement to present identification as a condition of voting in an election for Federal office to meet such requirement by presenting a sworn written statement attesting to the individual’s identification, and for other purposes. 1. Short title This Act may be cited as the America Votes Act of 2013 . 2. Permitting use of sworn written statement to meet identification requirements for voting (a) Permitting use of statement Title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. ) is amended by inserting after section 303 the following new section: 303A. Permitting use of sworn written statement to meet identification requirements (a) Use of statement (1) In general Except as provided in subsection (c), if a State has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, the State shall permit the individual to meet the requirement— (A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual’s identification and attesting that the individual is registered to vote in the election; or (B) in the case of an individual who desires to vote by mail, by submitting with the ballot the statement described in subparagraph (A). (2) Providing pre-printed copy of statement A State which is subject to paragraph (1) shall— (A) prepare a pre-printed version of the statement described in paragraph (1)(A) which includes a blank space for an individual to provide a name and signature; (B) make copies of the pre-printed version available at polling places for election officials to distribute to individuals who desire to vote in person; and (C) include a copy of the pre-printed version with each blank absentee or other ballot transmitted to an individual who desires to vote by mail. (b) Requiring use of regular ballot A State may not require an individual who presents or submits a sworn written statement in accordance with subsection (a)(1) to cast a provisional ballot in the election under section 302. (c) Exception for first-Time voters registering by mail Subsections (a) and (b) do not apply with respect to any individual described in paragraph (1) of section 303(b) who is required to meet the requirements of paragraph (2) of such section. . (b) Conforming amendment relating to enforcement Section 401 of such Act (42 U.S.C. 15511) is amended by striking and 303 and inserting 303, and 303A . (c) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Permitting use of sworn written statement to meet identification requirements. . 3. Requiring States to include information on use of sworn written statement in voting information material posted at polling places Section 302(b)(2) of the Help America Vote Act of 2002 ( 42 U.S.C. 15482(b)(2) ) is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (G) in the case of a State that has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, information on how an individual may meet such requirement by presenting a sworn written statement in accordance with section 303A. . 4. Effective date The amendments made by this Act shall apply with respect to elections occurring on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1748ih/xml/BILLS-113hr1748ih.xml

113-hr-1749

I 113th CONGRESS 1st Session H. R. 1749 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Ms. Lee of California (for herself, Ms. Brown of Florida , Mr. Capuano , Mrs. Christensen , Ms. Clarke , Mr. Clay , Mr. Conyers , Mr. Al Green of Texas , Mr. Grijalva , Mr. Hastings of Florida , Mr. Johnson of Georgia , Mr. McGovern , Mr. Meeks , Ms. Moore , Ms. Norton , Mr. Rangel , Mr. Rush , Ms. Schakowsky , Ms. Wasserman Schultz , Ms. Wilson of Florida , Ms. Waters , Mrs. Beatty , Ms. Roybal-Allard , Mr. Thompson of Mississippi , and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To measure the progress of recovery and development efforts in Haiti following the earthquake of January 12, 2010, and for other purposes. 1. Short title This Act may be cited as the Assessing Progress in Haiti Act . 2. Findings Congress finds the following: (1) According to the Government of Haiti, more than 316,000 people died as a result of the earthquake that struck 15 miles southwest of Port-au-Prince on January 12, 2010, including 103 United States citizens and more than 100 United Nations personnel. (2) According to the United Nations and the International Organization for Migration, an estimated 3,000,000 people were directly affected by the disaster, and more than 2,100,000 people were displaced from their homes. (3) The Post Disaster Needs Assessment conducted by the Government of Haiti, the United Nations, the World Bank, the Inter-American Development Bank, and others estimated that damage and economic losses totaled $7,804,000,000, approximately 120 percent of Haiti’s gross domestic product in 2009. (4) The initial emergency response of the men and women of the United States Government, led by the United States Agency for International Development (USAID) and the United States Southern Command, as well as of cities, towns, individuals, businesses, and philanthropic organizations across the United States, was swift and resolute. (5) According to the Government of Haiti, numerous multilateral agencies such as the United Nations, and international NGOs, Haiti faces an ongoing food crisis as a result of the earthquake and subsequent damage caused by tropical storms and hurricanes, as well as long term neglect of the agriculture sector. (6) According to the International Organization for Migration, approximately 350,000 people remain in spontaneous and organized camps in Haiti, and reports by the General Accountability Office, USAID Inspector General, and civil society organizations indicate that the pace of recovery and development has lagged significantly behind the emergency relief phase. (7) Haitian civil society organizations have noted a lack of systematic and widespread consultations with Haitian communities for their input in the recovery and development process. (8) On October 21, 2010, an outbreak of cholera was detected and according to the Haitian Ministry of Public Health and Population, as of February 17, 2013, more than 8,000 people had died from cholera and more than 647,500 had been infected with the disease. (9) The United States has provided more than $95,000,000 in aid to combat the cholera epidemic and care for the victims. (10) The United Nations Office of the Special Envoy for Haiti estimates that, including donor pledges and other support, approximately $6,400,000,000 has been disbursed, with an additional amount of $3,800,000,000 committed, to assist in Haiti’s recovery and development. (11) The United States Government has obligated approximately $3,600,000,000 for relief, recovery and development in Haiti since the earthquake, of which $1,300,000,000 had been disbursed as of April 2013. (12) Significant challenges remain in Haiti which will require continued recovery and development aid from the international community for the foreseeable future. (13) The Haitian Diaspora has also played an essential role in Haiti’s reconstruction and the United States Government should take steps to increase outreach and encourage participation by Haitian Americans in recovery and development activities in Haiti. 3. Report (a) In general Not later than six months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the status of post-earthquake recovery and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease. (b) Contents The report required by subsection (a) shall include— (1) an assessment of the progress of recovery and development efforts, as embodied in the Post-Earthquake USG Haiti Strategy: Toward Renewal and Economic Opportunity produced by the Department of State, compared to what remains to be achieved to meet specific goals, including— (A) the amount of funds disbursed through country systems and any significant changes to the Strategy since January 2010, with an explanation of such changes; (B) the amounts obligated and expended on United States Government programs and activities since January 2010 to implement the Strategy, including award data on the use of implementing partners at both prime and subprime levels, and disbursement data from prime and subprime implementing partners; and (C) a description of goals and quantitative and qualitative indicators to evaluate the progress, achievement, or lack of achievement of such goals, within specific timeframes, that comprise the Strategy at the program level; (2) an assessment of the manner in which the Department of State and USAID are working with Haitian ministries and local authorities, including the extent to which the Government of Haiti has been consulted on the establishment of goals and timeframes and on the design and implementation of new programs under the Strategy; (3) an assessment of the extent to which Haitian civil society and grassroots organizations have been consulted on the establishment of goals and timeframes and on the design and implementation of new programs under the Strategy; (4) an assessment of efforts to increase the involvement of the Haitian private sector in recovery and development activities; (5) an assessment of how consideration for vulnerable populations, including IDPs, women, children, orphans, and persons with disabilities, have been incorporated in the design and implementation of new programs and infrastructure; (6) an assessment of how agriculture and infrastructure programs are impacting food security and the livelihoods of smallholder farmers in Haiti; (7) an assessment of recovery and development coordination among United States Government agencies and between the United States Government and other donors; (8) a description of the United States Government’s efforts, including diplomatic efforts, to help abate the cholera epidemic in Haiti, in coordination with the Government of Haiti, the United Nations, and other relevant entities; (9) a description of mechanisms for communicating the progress of recovery and development efforts to Haitian citizens; and (10) an assessment of the steps Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States. (c) Use of previously appropriated funds Notwithstanding any other provision of law, to carry out this section, the Comptroller General of the United States is authorized to use unobligated amounts made available to the Government Accountability Office in an amount not to exceed $100,000.

https://www.govinfo.gov/content/pkg/BILLS-113hr1749ih/xml/BILLS-113hr1749ih.xml

113-hr-1750

I 113th CONGRESS 1st Session H. R. 1750 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Luetkemeyer (for himself, Mr. Westmoreland , and Mr. Gary G. Miller of California ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To enhance the ability of community financial institutions to foster economic growth and serve their communities, boost small businesses, increase individual savings, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Community Lending Enhancement and Regulatory Relief Act of 2013 or the CLEAR 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. Sec. 2. Changes required to small bank holding company policy statement on assessment of financial and managerial factors. Sec. 3. Escrow requirements. Sec. 4. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act. Sec. 5. Accounting principles cost-benefit requirements. Sec. 6. Community bank exemption from annual management assessment of internal controls requirement of the Sarbanes-Oxley Act of 2002. Sec. 7. Certain loans included as qualified mortgages. Sec. 8. Increase in small servicer exemption. Sec. 9. Appraiser qualification threshold. Sec. 10. Coordination among financial institutions. 2. Changes required to small bank holding company policy statement on assessment of financial and managerial factors (a) Small bank holding company policy statement on assessment of financial and managerial factors (1) In general Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225—appendix C) that provide that the policy shall apply to a bank holding company which has pro forma consolidated assets of less than $5,000,000,000 and that— (A) is not engaged in any nonbanking activities involving significant leverage; and (B) does not have a significant amount of outstanding debt that is held by the general public. (2) Adjustment of amount The Board of Governors of the Federal Reserve System shall annually adjust the dollar amount referred to in paragraph (1) in the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors by an amount equal to the percentage increase, for the most recent year, in total assets held by all insured depository institutions, as determined by the Board. (b) Increase in debt-to-Equity ratio of small bank holding company Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225—appendix C) such that the debt-to-equity ratio allowable for a small bank holding company in order to remain eligible to pay a corporate dividend and to remain eligible for expedited processing procedures under Regulation Y of the Board of Governors of the Federal Reserve System would increase from 1:1 to 3:1. 3. Escrow requirements (a) In general Section 129D(c) of the Truth in Lending Act, as added by section 1461(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended— (1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D) and moving such subparagraphs 2 ems to the right; (2) striking The Board and inserting the following: (1) In general The Board ; and (3) by adding at the end the following new paragraph: (2) Treatment of loans held by smaller creditors The Board shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on a consumer’s principle dwelling, if such loan is held by a creditor with assets of $10,000,000,000 or less. . 4. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act Section 503 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6803 ) is amended by adding at the end the following: (f) Exception to annual notice requirement A financial institution that— (1) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 502 or regulations prescribed under section 504(b), and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this subsection, shall not be required to provide an annual disclosure under this subsection until such time as the financial institution fails to comply with any criteria described in paragraph (1) or (2). . 5. Accounting principles cost-benefit requirements Section 19(b) of the Securities Act of 1933 ( 15 U.S.C. 77s(b) ) is amended by adding at the end the following: (3) Generally accepted accounting principles cost-benefit requirements The Commission or its designee shall conduct analyses of the costs and benefits (including economic benefits) of any new or amended accounting principle described under paragraph (1), and may not recognize such new or amended accounting principle, unless the Commission or its designee determines that the benefits to investors of such new or amended accounting principle significantly outweigh its costs. . 6. Community bank exemption from annual management assessment of internal controls requirement of the Sarbanes-Oxley Act of 2002 Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding the following new subsection: (d) Community bank exemption (1) In general This section shall not apply in any year to any insured depository institution which, as of the close of the preceding year, had total assets, as determined on a consolidated basis, of $10,000,000,000 or less. (2) Adjustment of amount The Commission shall annually adjust the dollar amount in paragraph (1) by an amount equal to the percentage increase, for the most recent year, in total assets held by all depository institutions, as reported by the Federal Deposit Insurance Corporation. . 7. Certain loans included as qualified mortgages Section 129C(b)(2) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (viii), by striking and at the end; (B) in clause (ix), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (x) that is originated and retained in portfolio for a period of at least 3 years by a creditor having less than $10,000,000,000 in total assets. ; and (2) in subparagraph (E)— (A) by striking The Board may, by regulation and inserting The Bureau shall, by regulation ; and (B) by amending clause (iv) to read as follows: (iv) that is extended by a creditor that— (I) originates and retains the balloon loans in portfolio for a period of at least 3 years; and (II) together with all affiliates, has total assets of $10,000,000,000 or less. . 8. Increase in small servicer exemption Section 6 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2605 ) is amended by adding at the end the following: (n) Small servicer exemption The Bureau shall, by regulation, provide exemptions to, or adjustments for, the provisions of this section for servicers that service 20,000 or fewer mortgage loans, in order to reduce regulatory burdens while appropriately balancing consumer protections. . 9. Appraiser qualification threshold Section 1112(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 3341(b) ) is amended— (1) by striking may establish a threshold level at or and inserting shall establish a threshold level of $250,000, ; and (2) by striking transactions, if and inserting transactions. Each Federal financial institutions regulatory agency and the Resolution Trust Corporation may establish a higher threshold than $250,000, if . 10. Coordination among financial institutions Chapter 53 of title 31, United States Code, is amended— (1) by inserting after section 5332 the following new section: 5333. Coordination among financial institutions (a) In general In the case of an entry received via an automated clearing house, no receiving depository financial institution shall be required to verify that the entry is not a prohibited transaction, if the originating depository financial institution has warranted, pursuant to the automated clearing house rules governing such entry or otherwise, that the originating depository financial institution has complied with the sanctions programs administered by the Office of Foreign Assets Control in connection with such entry. (b) Definitions For purposes of this section: (1) Automated clearing house The term automated clearing house means a funds transfer system governed by rules which provide for the interbank clearing of electronic entries for participating depository financial institutions. (2) Depository financial institution The term depository financial institution means— (A) any insured depository institution, as such term is defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); (B) any depository institution which is eligible to apply to become an insured depository institution under section 5 of the Federal Deposit Insurance Act ( 12 U.S.C. 1815 ); (C) any insured credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); and (D) any credit union which is eligible to apply to become an insured credit union pursuant to section 201 of the Federal Credit Union Act ( 12 U.S.C. 1781 ). (3) Entry The term entry means an order to request for the transfer of funds through an automated clearing house. (4) Originating depository financial institution The term originating depository financial institution means a depository financial institution that transmits entries via an automated clearing house for transmittal to a receiving depository financial institution. (5) Prohibited transaction The term prohibited transaction means a funds transfer originated on behalf of a person to or from whom funds transfers are restricted by a sanctions program administered by the Office of Foreign Assets Control, including persons appearing on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control. (6) Receiving depository financial institution The term receiving depository financial institution means a depository financial institution that receives entries via an automated clearing house from an originating depository financial institution for debit or credit to the accounts of its customers. ; and (2) in the table of contents for such chapter by inserting after the item relating to section 5332 the following new item: 5333. Coordination among financial institutions. .

https://www.govinfo.gov/content/pkg/BILLS-113hr1750ih/xml/BILLS-113hr1750ih.xml

113-hr-1751

I 113th CONGRESS 1st Session H. R. 1751 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Polis , Mr. Conyers , Mr. Grijalva , Ms. Wilson of Florida , Mr. Cicilline , Ms. Lee of California , Mr. Pocan , Mr. Keating , Mrs. Davis of California , Mr. Lowenthal , Mr. Nadler , Ms. Moore , Mr. Engel , Ms. Norton , Mr. George Miller of California , Mr. Ellison , and Ms. Titus ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on House Administration and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to permit leave to care for a domestic partner, parent-in-law, adult child, sibling, grandchild, or grandparent who has a serious health condition, and for other purposes. 1. Short title This Act may be cited as the Family and Medical Leave Inclusion Act . 2. Leave to care for a domestic partner, parent-in-law, adult child, sibling, or grandparent (a) Definitions (1) Inclusion of grandparents, grandchildren, parents-in-law, siblings, and domestic partners Section 101 of such Act is further amended by adding at the end the following: (20) Domestic partner The term domestic partner means— (A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides, or who is lawfully married to the employee under the laws of the State where the employee resides; or (B) in the case of an unmarried employee who lives in a State where a person cannot marry a person of the same sex under the laws of the State, an unmarried adult person of the same sex as the employee who is in a committed, personal relationship with the employee, is not a domestic partner to any other person, and who is designated to the employer by such employee as that employee’s domestic partner. (21) Grandchild The term grandchild means the son or daughter of an employee’s son or daughter. (22) Grandparent The term grandparent means a parent of a parent of an employee. (23) Parent-in-law The term parent-in-law means a parent of the spouse or domestic partner of an employee. (24) Sibling The term sibling means any person who is a son or daughter of an employee’s parent. (25) Son-in-law and daughter-in-law The terms son-in-law and daughter-in-law , used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee. . (2) Inclusion of adult children and children of a domestic partner Section 101(12) of such Act (29 U.S.C. 2611(12)) is amended— (A) by inserting a child of an individual’s domestic partner, after a legal ward, ; and (B) by striking who is— and all that follows and inserting and includes an adult child . (b) Leave Requirement Section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 ) is amended— (1) in subsection (a)(1)(C), by striking spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent and inserting spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, grandchild, or sibling, of the employee if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, grandchild, or sibling ; (2) in subsection (a)(1)(E), by striking spouse, or a son, daughter, or parent and inserting spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling ; (3) in subsection (a)(3), by striking spouse, son, daughter, parent, and inserting spouse or domestic partner, son, daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, or sibling, ; (4) in subsection (e)(2)(A), by striking spouse, parent, and inserting spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, ; (5) in subsection (e)(3), by striking spouse, or a son, daughter, or parent, and inserting spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling, ; and (6) in subsection (f)— (A) in the matter preceding subparagraph (A), by inserting or domestic partners after husband and wife ; and (B) in subparagraph (B), by inserting or parent-in-law after parent . (c) Certification Section 103 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2613 ) is amended— (1) in subsection (a), by striking spouse, or parent and inserting spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling ; (2) in subsection (b)(4)(A), by striking spouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent and inserting spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse or domestic partner, parent, parent-in-law, grandparent, or sibling ; and (3) in subsection (b)(7), by striking parent, or spouse and inserting spouse or domestic partner, parent, parent-in-law, grandparent, or sibling . (d) Employment and Benefits Protection Section 104(c)(3) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2614(c)(3) ) is amended— (1) in subparagraph (A)(i), by striking spouse, or parent and inserting spouse or domestic partner, parent, parent-in-law, grandparent, or sibling ; and (2) in subparagraph (C)(ii), by striking spouse, or parent and inserting spouse or domestic partner, parent, parent-in-law, grandparent, or sibling . 3. Federal employees (a) Definitions (1) Inclusion of grandparents, parents-in-law, siblings, and domestic partners Section 6381 of title 5, United States Code, is amended— (A) in paragraph (11) by striking ; and and inserting a semicolon; (B) in paragraph (12), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (13) the term domestic partner means— (A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides, or who is lawfully married to the employee under the laws of the State where the employee resides; or (B) in the case of an unmarried employee who lives in a State where a person cannot marry a person of the same sex under the laws of the State, an unmarried adult person of the same sex as the employee who is in a committed, personal relationship with the employee, is not a domestic partner to any other person, and who is designated to the employing agency by such employee as that employee’s domestic partner; (14) the term parent-in-law means a parent of the spouse or domestic partner of an employee; (15) the term grandchild means the son or daughter of an employee’s son or daughter; (16) the term grandparent means a parent of a parent of an employee; (17) the term sibling means any person who is a son or daughter of an employee’s parent; and (18) the terms son-in-law and daughter-in-law , used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee. . (2) Inclusion of adult children and children of a domestic partner Section 6381(6) of such title is amended— (A) by inserting a child of an individual’s domestic partner, after a legal ward, ; and (B) by striking who is— and all that follows and inserting and includes an adult child . (b) Leave Requirement Section 6382 of title 5, United States Code, is amended— (1) in subsection (a)(1)(C), by striking spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent and inserting spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, grandchild, or sibling, of the employee if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, grandchild, or sibling ; (2) in subsection (a)(1)(E), by striking spouse, or a son, daughter, or parent and inserting spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling ; (3) in subsection (a)(3), by striking spouse, son, daughter, parent, and inserting spouse or domestic partner, son, daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, sibling, ; (4) in subsection (e)(2)(A), by striking spouse, parent, and inserting spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, ; and (5) in subsection (e)(3), by striking spouse, or a son, daughter, or parent, and inserting spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling, . (c) Certification Section 6383 of title 5, United States Code, is amended— (1) in subsection (a), by striking spouse, or parent and inserting spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling ; and (2) in subsection (b)(4)(A), by striking spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent and inserting spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, or sibling .

https://www.govinfo.gov/content/pkg/BILLS-113hr1751ih/xml/BILLS-113hr1751ih.xml

113-hr-1752

I 113th CONGRESS 1st Session H. R. 1752 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Marino introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to require retail food stores to collect, and report to the Secretary of Agriculture, detailed information that identifies food items purchased with benefits provided under the supplemental nutrition assistance program; and to require the Secretary to compile and publish such information. 1. Short title This Act may be cited as the SNAP Transparency Act of 2013 . 2. Establishing a uniform reporting system Section 4 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013 ) is amended by adding at the end the following: (d) Issuance of uniform reporting guidelines (1) Reporting guidelines for retail food stores Not later than one year after the date of the enactment of the SNAP Transparency Act of 2013, the Secretary shall issue guidelines in accordance with paragraph (2) that establish a uniform reporting system regarding the food items purchased partially or completely with benefits from the supplemental nutrition assistance program that can be applied with reasonable consistency by each retail food store that redeems such benefits. Such guidelines should be issued according to best practices of monitoring and evaluation studies and analyses. (2) Objectives of Guidelines (A) In general The guidelines issued under paragraph (1) shall provide direction to retail food stores that redeem benefits under this program on how to report on a quarterly basis the complete range, identities, sizes, quantites, and costs of particular food items purchased with such benefits. This uniform reporting system shall ensure that the reports from each retail food store are comparable. (B) Objectives Specifically, the guidelines shall provide direction on what information to include to comply with the reporting requirements established under paragraph (1): (i) The established uniform, quarterly reporting system or form to be made available to participating retail food stores. (ii) The identity (including label and brand name) of each food item purchased with such benefits in the reporting period. (iii) The size of each food item purchased with such benefits in the reporting period. (iv) The number of units of each identical food item purchased with such benefits in the reporting period. (v) The aggregate cost of each identical food item purchased with such benefits in the reporting period. (vi) The address of the retail food store in which the food item was purchased with such benefits in the reporting period. (vii) Application of rigorous monitoring and evaluation methodologies to ensure that— (I) the total value of benefits redeemed by each reporting retail food store is equal to the total retail cost of food items purchased with such benefits reported in the reporting period; and (II) the accuracy of the information reported in the reporting period. (e) Submission and publication of reports (1) Submission of reports by retail food stores Not later than 60 days after end of each calendar quarter, or earlier if determined by the Secretary, and in accordance with rules issued by the Secretary, each retail food store that redeems benefits under the supplemental nutrition assistance program shall submit to the Secretary a report that complies with subsection (d). (2) Publication of reports by Secretary Not later than 90 days after the end of each calendar quarter, or earlier if determined by the Secretary, the Secretary shall compile, and shall publish on the Internet in a format searchable by the public as compiled, the information received in the reports submitted under paragraph (1) for such quarter. Such information so compiled shall include— (A) a comprehensive, timely, comparable, and accessible information on the food items purchased with benefits from the supplemental nutrition assistance program, using the reporting requirements established by the Secretary under subsection (d)(1); (B) the identity (including label and brand name) of each food item purchased with such benefits in the reporting period; (C) the size of each food item purchased with such benefits in the reporting period; (D) the number of units of each identical food item purchased with such benefits in the reporting period; (E) the aggregate cost of each identical food item purchased with such benefits in the reporting period; (F) the address of the retail food store in which the food item was purchased with such benefits in the reporting period; and (G) with respect to each type of particular food item identified, the average retail sale price of the item purchased with such benefits. . 3. Congressional briefings if requirements are not met If the information described in section 4(e)(2) of the Supplemental Nutrition Assistance Act of 2008 (7 U.S.C. 2013(e)(2)) with respect to food items purchased with benefits from the supplemental nutrition assistance program is not provided as required under section 4(e) of such Act ( 7 U.S.C. 2013(e) ), then the Secretary shall provide briefings to the appropriate congressional committees, along with a detailed explanation of why the requirements for publication on the Internet have not been met and when they will be met, with respect to each month for which such information is not published on the Internet. 4. Offset Of the amount appropriated to carry out the supplemental nutrition assistance program for each fiscal year, up to 5 percent shall be a available to carry out the amendment made by section 2 of this Act. 5. Effective dates (a) General effective date Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act. (b) Delayed effective date Subsection (e) of section 4 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013 ), as added by section 2 of this Act, shall take effect on the 1st day of the 1st calendar quarter that begins not less than 1 year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr1752ih/xml/BILLS-113hr1752ih.xml

113-hr-1753

I 113th CONGRESS 1st Session H. R. 1753 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Pallone (for himself, Mr. Bishop of New York , Mr. Runyan , Mr. Grimm , and Mr. LoBiondo ) introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL Making supplemental appropriations for the National Oceanic and Atmospheric Administration for fisheries disasters, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2013: Department of Commerce National Oceanic and Atmospheric Administration Operations, Research, and Facilities For an additional amount for Operations, Research, and Facilities for necessary expenses related to fishery disasters during calendar year 2012 that were declared by the Secretary of Commerce as a direct result of impacts from Hurricane Sandy, $193,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. This Act may be cited as the Sandy Disaster Fisheries Relief Act .

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113-hr-1754

I 113th CONGRESS 1st Session H. R. 1754 IN THE HOUSE OF REPRESENTATIVES April 25, 2013 Mr. Peters of Michigan (for himself, Mr. Ross , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish pilot programs to encourage the use of shared appreciation mortgage modifications, and for other purposes. 1. Short title This Act may be cited as the Preserving American Homeownership Act of 2013 . 2. Findings The Congress finds the following: (1) The stability of the economy, housing market, and neighborhoods of the United States depends upon reducing the number of foreclosures in the United States. (2) Homeowners struggling to make payments on homes with mortgages that are deeply underwater are some of the most at risk of foreclosure. (3) A properly carried out principal modification program will preserve the assets of the government-sponsored mortgage enterprises assets and reduce taxpayer losses, consistent with the mission of the Federal Housing Finance Agency as the enterprises’ conservator, and will help foster a more resilient national housing market. 3. Shared appreciation mortgage modification pilot programs (a) Definitions In this section— (1) the term capital improvement means a home improvement described in table 4 of Publication 530 of the Internal Revenue Service, or any successor thereto; (2) the term covered mortgage means a mortgage— (A) that is— (i) sold to the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation; or (ii) insured under title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ); (B) that is secured by real property that is the primary residence of a homeowner; (C) that has an outstanding principal balance of an amount that is greater than the appraised value of the real property securing the mortgage, on or about the date on which the homeowner is approved to participate in the pilot program under subsection (b); (D) with respect to which the homeowner is, both as of the date of the enactment of this Act and as of the date of the modification under a pilot program under subsection (b)— (i) not fewer than 60 days delinquent; or (ii) at risk of imminent default; and (E) of a homeowner who has a documented financial hardship that prevents or will prevent the homeowner from making mortgage payments; (3) the term Director means the Director of the Federal Housing Finance Agency; (4) the term enterprise has the same meaning as in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502); (5) the term homeowner means the mortgagor under a covered mortgage; (6) the term investor means— (A) the mortgagee under a covered mortgage; or (B) in the case of a covered mortgage that collateralizes an asset-backed security, as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ), the trustee for the asset-backed security; (7) the term pilot program means a pilot program established under subsection (b); and (8) the term shared appreciation mortgage modification means a modification of a covered mortgage in accordance with subsection (c). (b) Pilot programs established The Director of the Federal Housing Finance Agency and the Federal Housing Commissioner, in consultation with the Secretary of the Treasury, shall each establish a pilot program to encourage, through assistance provided under the Home Affordable Modification Program under the Making Home Affordable initiative of the Secretary of the Treasury, the use of shared appreciation mortgage modifications that are designed to return greater cash flow to investors than other loss-mitigation activities, including foreclosure, and result in positive net present value for the investor. (c) Shared appreciation mortgage modification For purposes of the pilot program, a shared appreciation mortgage modification shall— (1) reduce the loan-to-value ratio of a covered mortgage— (A) to 115 percent immediately upon such modification, by immediately reducing the amount of principal under the covered mortgage accordingly; and (B) to 95 percent within 3 years, by reducing the amount of principal under the covered mortgage by 1/3 at the end of each year for 3 years; (2) reduce the interest rate for a covered mortgage, if a reduction of principal under paragraph (1) would not result in a reduced monthly payment that is affordable to the homeowner; (3) reduce the amount of any periodic payment required to be made by the homeowner, so that the amount payable by the homeowner is equal to the amount that would be payable by the homeowner if, on the date on which the shared appreciation mortgage modification takes effect— (A) all reductions of the amount of principal under paragraph (1) had been made; and (B) any reduction in the interest rate under paragraph (2) for which the covered mortgage is eligible had been made; (4) require the homeowner to pay to the investor after refinancing or selling the real property securing a covered mortgage a percentage of the amount of any increase (not to exceed 50 percent of such increase) in the value of the real property during the period beginning on the date on which the homeowner was approved to participate in the pilot program and ending on the date of the refinancing or sale that is equal to the percentage by which the investor reduced the amount of principal under the covered mortgage under paragraph (1); and (5) result in a positive net present value for the investor after taking into account the principal reduction under paragraph (1) and, if necessary, any interest rate reduction under paragraph (2). (d) Determination of value of home (1) In general For purposes of this section, the value of real property securing a covered mortgage shall be determined by a licensed appraiser who is independent of and does not otherwise do business with the homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or investor, except that, where available, such value may be determined using a reliable estimate of value provided by an automated valuation model of an enterprise. (2) Time for determination The value of real property securing a covered mortgage shall be determined on a date that is as close as practicable to the date on which a homeowner begins to participate in a pilot program. (3) Cost (A) Responsibility for cost (i) Initial cost The investor shall pay the cost of an appraisal or other determination of value under paragraph (1). (ii) Deduction from homeowner share At the option of the investor, the cost of an appraisal or other determination of value under paragraph (1) may be added to the amount paid by the homeowner to the investor under subsection (c)(4). (B) Reasonableness of cost The cost of an appraisal or other determination of value under paragraph (1) shall be reasonable, as determined by the Director and the Federal Housing Commissioner. (4) Second appraisal At the time of refinancing or sale of real property securing a covered mortgage, the investor may request a second appraisal of the value of the real property, at the expense of the investor, by a licensed appraiser who is independent of and does not otherwise do business with the homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or investor, if the investor believes that the sale price or claimed value at the time of the refinancing is not an accurate reflection of the fair market value of the real property. (e) Eligibility for reduction of principal Each pilot program shall provide that a homeowner is not eligible for a reduction in the amount of principal under a covered mortgage under a shared appreciation mortgage modification if, after the homeowner begins participating in the pilot program, the homeowner— (1) (A) is delinquent on more than 3 payments under the shared appreciation mortgage modification during any of the 3 successive 1-year periods beginning on the date on which the shared appreciation mortgage modification is made; and (B) fails to be current with all payments described in paragraph (1) before the end of each 1-year period described in paragraph (1); or (2) obtains a mortgage, loan, or credit, or incurs any other debt, that creates any additional lien on the residence that is subject to the covered mortgage for which the shared appreciation mortgage modification or for which such residence is used as collateral. The Director shall require, as a condition for participation in a pilot program by a homeowner, that the homeowner enter into such agreements as the Director considers necessary to ensure compliance with this subsection. (f) Notification (1) In general Each pilot program shall require that the servicer of a covered mortgage transmit to each homeowner participating in the pilot program written notice, in clear and simple language, of how to maintain and submit any documentation of capital improvements that is necessary to ensure that the shares of any increase in the value of the real property securing the covered mortgage to which the investor and the homeowner are entitled are determined accurately. (2) Timing The pilot program shall require that a servicer provide the notice described in paragraph (1)— (A) before the homeowner accepts a shared appreciation mortgage modification; and (B) before the homeowner sells or refinances the real property securing the covered mortgage. (g) Participation by servicers The Director shall require each enterprise to require that any servicer of a covered mortgage in which the enterprise is an investor participate in the pilot program of the Federal Housing Finance Agency by offering shared appreciation mortgage modifications to a random and statistically significant sampling of homeowners with covered mortgages. (h) Mortgage insurance The Director shall— (1) provide that an enterprise may negotiate regarding a shared appreciation mortgage modification of a covered mortgage with any provider of mortgage insurance for a mortgage on the property subject to the covered mortgage; and (2) allow advance claim agreements with respect to such mortgage insurance policies. (i) Maintenance of lien status A shared appreciation mortgage modification of a covered mortgage under a pilot program under this section shall not impair the priority status of liens on the residence that is subject to the mortgage. (j) Studies and reports The Director and the Federal Housing Commissioner shall— (1) conduct annual studies of the pilot programs of the Federal Housing Finance Agency and the Federal Housing Administration, respectively; and (2) submit a report to the Congress containing the results of each study at the end of each of the 3 successive 1-year periods beginning on the date on which the pilot program is established. (k) Termination On and after the date that is 2 years after the date of enactment of this Act, the Director and the Federal Housing Commissioner may not enter into any agreement under the pilot program with respect to a shared appreciation mortgage modification.

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